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CHAPTER 493, AB 484

Assembly Bill No. 484–Committee on Ways and Means

 

CHAPTER 493

 

[Approved: June 17, 2011]

 

AN ACT relating to unemployment compensation; revising provisions relating to extended unemployment compensation; making appropriations to the Interim Finance Committee for allocation to the State Treasurer for interest payments due the Federal Government for the loan that was made available to the State upon depletion of Nevada’s Unemployment Compensation Fund; and providing other matters properly relating thereto.

 

Legislative Counsel’s Digest:

       An amendment to federal law provides an alternative method for determining eligibility for extended unemployment compensation. To qualify, certain provisions must be included in state law. (Section 502 of Pub. L. No. 111-312) Sections 1 and 2 of this bill revise provisions to correspond to the change to the federal law, allowing the Employment Security Division of the Department of Employment, Training and Rehabilitation to provide extended unemployment benefits for a longer period. Section 6 of this bill provides that the amendatory provisions of sections 1 and 2 expire upon expiration of the changes to federal law. Sections 3 and 4 of this bill make appropriations to the Interim Finance Committee for interest payments due the Federal Government for a loan made available to the State upon depletion of Nevada’s Unemployment Compensation Fund. Section 5 of this bill provides that, if the Federal Government does not require interest payments in the full amount of the appropriations provided in sections 3 and 4, the Interim Finance Committee may allocate the money for a different purpose under the requirements for allocation from the Contingency Fund. (NRS 353.268, 353.269)

 

EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

     Section 1.  NRS 612.377 is hereby amended to read as follows:

     612.377  As used in NRS 612.377 to 612.3786, inclusive, unless the context clearly requires otherwise:

     1.  “Extended benefit period” means a period which begins with the third week after a week for which there is a Nevada “on” indicator and ends with the third week after the first week for which there is a Nevada “off” indicator or the 13th consecutive week after it began, except that no extended benefit period may begin by reason of a Nevada “on” indicator before the 14th week following the end of a prior extended benefit period which was in effect for Nevada.

     2.  There is a “Nevada ‘on’ indicator” for a week if the Administrator determines, in accordance with the regulations of the Secretary of Labor, that:

     (a) For the period consisting of that week and the immediately preceding 12 weeks, the rate of insured unemployment in Nevada (not seasonally adjusted) under NRS 612.377 to 612.3786, inclusive:

 


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           (1) Equaled or exceeded 120 percent of the average of those rates for the corresponding 13-week period ending in each of the preceding 2 calendar years and equaled or exceeded 5 percent; or

           (2) Equaled or exceeded 6 percent; or

     (b) For weeks of unemployment beginning on or after February 1, 2009, and ending on or before December 12, 2009, or the week ending [3] 4 weeks before the last week for which federal sharing is authorized by section 2005(a) of Public Law No. 111-5, whichever is later, the average rate of total seasonally adjusted unemployment in Nevada, as determined by the Secretary of Labor, for the period consisting of the most recent 3 months for which data for all states are published before the close of such week:

           (1) Equaled or exceeded 6.5 percent; and

           (2) Equaled or exceeded 110 percent of the average rate for the corresponding 3-month period ending in either of the [2] 3 preceding calendar years.

     3.  There is a “Nevada ‘off’ indicator” for a week if the Administrator determines, in accordance with the regulations of the Secretary of Labor, that for the period consisting of that week and the immediately preceding 12 weeks, the rate of insured unemployment in Nevada (not seasonally adjusted):

     (a) Was less than 120 percent of the average of those rates for the corresponding 13-week period ending in each of the preceding 2 calendar years; or

     (b) Was less than 5 percent.

     4.  “Rate of insured unemployment,” for purposes of subsections 2 and 3, means the percentage derived by dividing the average weekly number of persons filing claims in this State for the weeks of unemployment for the most recent period of 13 consecutive weeks, as determined by the Administrator on the basis of the Administrator’s reports to the Secretary of Labor using the average monthly employment covered under this chapter as determined by the Administrator and recorded in the records of the Division for the first four of the most recent six completed calendar quarters ending before the end of the 13-week period.

     5.  “Regular benefits” means benefits payable to a person under this chapter or under any other state law (including benefits payable to federal civilian employees and to ex-servicemen pursuant to 5 U.S.C. §§ 8501 et seq.) other than extended benefits.

     6.  “Extended benefits” means benefits (including benefits payable to federal civilian employees and to ex-servicemen pursuant to 5 U.S.C. §§ 8501 et seq.) payable to a person under the provisions of NRS 612.377 to 612.3786, inclusive, for the weeks of unemployment in the person’s eligibility period.

     7.  “Additional benefits” means benefits payable to exhaustees by reason of conditions of high unemployment or by reason of other special factors under the provisions of any state law. Any person who is entitled to both additional and extended benefits for the same week must be given the choice of electing which type of benefit to claim regardless of whether his or her rights to additional and extended benefits arise under the law of the same state or different states.

     8.  “Eligibility period” of a person means the period consisting of the weeks in the person’s benefit year under this chapter which begin in an extended benefit period and, if that benefit year ends within the extended benefit period, any weeks thereafter which begin in that period.

 


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extended benefit period and, if that benefit year ends within the extended benefit period, any weeks thereafter which begin in that period.

     9.  “Exhaustee” means a person who, with respect to any week of unemployment in the person’s eligibility period:

     (a) Has received, before that week, all of the regular, seasonal or nonseasonal benefits that were available to him or her under this chapter or any other state law (including augmented weekly benefits for dependents and benefits payable to federal civilian employees and ex-servicemen under 5 U.S.C. §§ 8501 et seq.) in the person’s current benefit year which includes that week, except that, for the purposes of this paragraph, a person shall be deemed to have received all of the regular benefits that were available to him or her, although as a result of a pending appeal with respect to wages that were not considered in the original monetary determination in that benefit year, the person may subsequently be determined to be entitled to added regular benefits; or

     (b) His or her benefit year having expired before that week, has no, or insufficient, wages on the basis of which the person could establish a new benefit year which would include that week,

Ê and has no right to unemployment benefits or allowances, as the case may be, under the Railroad Unemployment Insurance Act, 45 U.S.C. §§ 351 et seq., the Trade Expansion Act of 1962, 19 U.S.C. §§ 1801 et seq., the Automotive Products Trade Act of 1965, 19 U.S.C. §§ 2001 et seq. and such other federal laws as are specified in regulations issued by the Secretary of Labor, and has not received and is not seeking unemployment benefits under the unemployment compensation law of Canada. If the person is seeking such benefits and the appropriate agency finally determines that the person is not entitled to benefits under that law the person is considered an exhaustee.

     10.  “State law” means the unemployment insurance law of any state, approved by the Secretary of Labor under Section 3304 of the Internal Revenue Code of 1954.

     Sec. 2.  NRS 612.378 is hereby amended to read as follows:

     612.378  1.  Except as otherwise provided in subsection 2, the total extended benefit amount payable to any eligible person for the person’s applicable benefit year is the lesser of the following amounts:

     (a) Fifty percent of the basic benefits which were payable to him or her in the benefit year. If the amount computed is not a multiple of $1, it must be computed to the next lower multiple of $1.

     (b) Thirteen times the person’s average weekly benefit amount which was payable to him or her under this chapter for a week of total unemployment in the applicable benefit year. If the amount computed is not a multiple of $1, it must be computed to the next lower multiple of $1.

     2.  In weeks beginning in a high unemployment period on or after February 1, 2009, and ending on or before December 12, 2009, or the week ending [3] 4 weeks before the last week for which federal sharing is authorized by section 2005(a) of Public Law No. 111-5, whichever is later, the total extended benefit amount payable to any eligible person for the person’s applicable benefit year is the lesser of the following amounts:

     (a) Eighty percent of the basic benefits which were payable to him or her in the benefit year. If the amount computed is not a multiple of $1, it must be computed to the next lower multiple of $1.

     (b) Twenty times the person’s average weekly benefit amount which was payable to him or her under this chapter for a week of total unemployment in the applicable benefit year.

 


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the applicable benefit year. If the amount computed is not a multiple of $1, it must be computed to the next lower multiple of $1.

     3.  If the benefit year of any person ends within an extended benefit period, the remaining balance of extended benefits that the person would, but for this subsection, be entitled to receive in that period, with respect to weeks of unemployment beginning after the end of the benefit year, must be reduced by the product of the number of weeks for which the person received any amounts as trade readjustment allowances pursuant to 19 U.S.C. § 2291 within that benefit year, multiplied by the weekly benefit amount of extended benefits, but the balance must not be reduced below zero.

     4.  As used in this section, “high unemployment period” means any period during which the average rate of total seasonally adjusted unemployment in Nevada, as determined by the Secretary of Labor, for the period consisting of the most recent 3 months for which data for all states are published before the close of such week:

     (a) Equaled or exceeded 8 percent; and

     (b) Equaled or exceeded 110 percent of the average rate for the corresponding 3-month period ending in either of the [2] 3 preceding calendar years.

     Sec. 3.  1.  There is hereby appropriated from the State General Fund to the Interim Finance Committee the sum of $23,900,000 for allocation to the State Treasurer for interest payments due the Federal Government for the loan that was made available to the State upon depletion of Nevada’s Unemployment Compensation Fund.

     2.  Any remaining balance of the appropriation made by subsection 1 must not be committed for expenditure after June 30, 2013, by the entity to which the appropriation is made or any entity to which money from the appropriation is granted or otherwise transferred in any manner, and any portion of the appropriated money remaining must not be spent for any purpose after September 20, 2013, by either the entity to which the money was appropriated or the entity to which the money was subsequently granted or transferred, and must be reverted to the State General Fund on or before September 20, 2013.

     Sec. 4.  1.  There is hereby appropriated from the State General Fund to the Interim Finance Committee the sum of $40,100,000 for allocation to the State Treasurer for interest payments due the Federal Government for the loan that was made available to the State upon depletion of Nevada’s Unemployment Compensation Fund.

     2.  Any remaining balance of the appropriation made by subsection 1 must not be committed for expenditure after June 30, 2013, by the entity to which the appropriation is made or any entity to which money from the appropriation is granted or otherwise transferred in any manner, and any portion of the appropriated money remaining must not be spent for any purpose after September 20, 2013, by either the entity to which the money was appropriated or the entity to which the money was subsequently granted or transferred, and must be reverted to the State General Fund on or before September 20, 2013.

     Sec. 5.  The sums appropriated by sections 3 and 4 of this act may be allocated for a purpose other than the purpose described in those sections if the Interim Finance Committee determines that the Federal Government will not require the payment of interest in the amounts appropriated by those sections. Any allocation made pursuant to this section must be recommended by the State Board of Examiners pursuant to NRS 353.268 and approved by the Interim Finance Committee pursuant to NRS 353.269.

 


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by the State Board of Examiners pursuant to NRS 353.268 and approved by the Interim Finance Committee pursuant to NRS 353.269.

     Sec. 6.  1.  This section and sections 3 and 5 of this act become effective upon passage and approval.

     2.  Section 4 of this act becomces effective on July 1, 2012.

     3.  Sections 1 and 2 of this act become effective upon passage and approval and expire by limitation on:

     (a) December 31, 2011; or

     (b) The earlier of the date of the expiration of section 502 of Public Law No. 111-312 or the date that federal sharing is no longer authorized pursuant to section 2005(a) of Public Law No. 111-5,

Ê whichever is later.

________

CHAPTER 494, AB 498

Assembly Bill No. 498–Committee on Ways and Means

 

CHAPTER 494

 

[Approved: June 17, 2011]

 

AN ACT relating to education; eliminating the requirement for the administration of norm-referenced examinations in public schools; and providing other matters properly relating thereto.

 

Legislative Counsel’s Digest:

       Existing law requires the board of trustees of each school district and the governing body of each charter school to administer norm-referenced examinations in grades 4, 7 and 10 which compare the results of pupils enrolled in those grades in public schools in this State to a national reference group of pupils. (NRS 389.015) Senate Bill No. 416 of the 2009 Legislative Session suspended temporarily the administration of the norm-referenced examinations for the 2009-2011 biennium. (Chapter 423, Statutes of Nevada 2009, p. 2340) This bill eliminates the statutory requirement for the administration of norm-referenced examinations and revises existing law to delete references to the norm-referenced examinations.

 

EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

     Section 1.  NRS 385.34692 is hereby amended to read as follows:

     385.34692  1.  The State Board shall prepare a summary of the annual report of accountability prepared pursuant to NRS 385.3469 that includes, without limitation, a summary of the following information for each school district, each charter school and the State as a whole:

     (a) Demographic information of pupils, including, without limitation, the number and percentage of pupils:

           (1) Who are economically disadvantaged, as defined by the State Board;

           (2) Who are from major racial or ethnic groups, as defined by the State Board;

           (3) With disabilities;

 


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           (4) Who are limited English proficient; and

           (5) Who are migratory children, as defined by the State Board;

     (b) The average daily attendance of pupils, reported separately for the groups identified in paragraph (a);

     (c) The transiency rate of pupils;

     (d) The percentage of pupils who are habitual truants;

     (e) The percentage of pupils who are deemed habitual disciplinary problems pursuant to NRS 392.4655;

     (f) The number of incidents resulting in suspension or expulsion for:

           (1) Violence to other pupils or to school personnel;

           (2) Possession of a weapon;

           (3) Distribution of a controlled substance;

           (4) Possession or use of a controlled substance; and

           (5) Possession or use of alcohol;

     (g) For kindergarten through grade 8, the number and percentage of pupils who are retained in the same grade;

     (h) For grades 9 to 12, inclusive, the number and percentage of pupils who are deficient in the number of credits required for promotion to the next grade or graduation from high school;

     (i) The pupil-teacher ratio for kindergarten and grades 1 to 8, inclusive;

     (j) The average class size for the subject area of mathematics, English, science and social studies in schools where pupils rotate to different teachers for different subjects;

     (k) The number and percentage of pupils who graduated from high school;

     (l) The number and percentage of pupils who received a:

           (1) Standard diploma;

           (2) Adult diploma;

           (3) Adjusted diploma; and

           (4) Certificate of attendance;

     (m) The number and percentage of pupils who graduated from high school and enrolled in remedial courses at the Nevada System of Higher Education;

     (n) Per pupil expenditures;

     (o) Information on the professional qualifications of teachers;

     (p) The average daily attendance of teachers and licensure information;

     (q) Information on the adequate yearly progress of the schools and school districts;

     (r) Pupil achievement based upon the:

           (1) Examinations administered pursuant to NRS 389.550, including, without limitation, whether public schools have made progress based upon the model adopted by the Department pursuant to NRS 385.3595; and

           (2) High school proficiency examination [;

     (s) To the extent practicable, pupil achievement based upon the examinations] administered pursuant to NRS 389.015 [for grades 4, 7 and 10; and

     (t)] ; and

     (s) Other information required by the Superintendent of Public Instruction in consultation with the Bureau.

     2.  The summary prepared pursuant to subsection 1 must:

     (a) Comply with 20 U.S.C. § 6311(h)(1) and the regulations adopted pursuant thereto;

 


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     (b) Be prepared in a concise manner; and

     (c) Be presented in an understandable and uniform format and, to the extent practicable, provided in a language that parents will likely understand.

     3.  On or before September 7 of each year, the State Board shall:

     (a) Provide for public dissemination of the summary prepared pursuant to subsection 1 by posting the summary on the Internet website maintained by the Department; and

     (b) Submit a copy of the summary in an electronic format to the:

           (1) Governor;

           (2) Committee;

           (3) Bureau;

           (4) Board of Regents of the University of Nevada;

           (5) Board of trustees of each school district; and

           (6) Governing body of each charter school.

     4.  The board of trustees of each school district and the governing body of each charter school shall ensure that the parents and guardians of pupils enrolled in the school district or charter school, as applicable, have sufficient information concerning the availability of the summary prepared by the State Board pursuant to subsection 1, including, without limitation, information that describes how to access the summary on the Internet website maintained by the Department. Upon the request of a parent or guardian of a pupil, the Department shall provide the parent or guardian with a written copy of the summary.

     5.  The Department shall, in consultation with the Bureau and the school districts, prescribe a form for the summary required by this section.

     Sec. 2.  NRS 385.389 is hereby amended to read as follows:

     385.389  1.  The Department shall adopt programs of remedial study for each subject tested on the examinations administered pursuant to NRS 389.015 [,] and 389.550, including, without limitation, programs that are designed for pupils who are limited English proficient. The programs adopted for pupils who are limited English proficient must be designed to:

     (a) Improve the academic achievement of those pupils; or

     (b) Assist those pupils with attaining proficiency in the English language.

Ê In adopting these programs of remedial study, the Department shall consider the recommendations submitted by the Committee pursuant to NRS 218E.615 and programs of remedial study that have proven to be successful in improving the academic achievement of pupils.

     2.  If a school fails to make adequate yearly progress [or if less than 60 percent of the pupils enrolled in a school who took the examinations administered pursuant to NRS 389.015 received an average score on those examinations that is at least equal to the 26th percentile of the national reference group of pupils to which the examinations were compared,] based upon the results of the examinations administered pursuant to NRS 389.015 or 389.550, the school shall adopt a program of remedial study that has been adopted by the Department pursuant to subsection 1 or a program, practice or strategy recommended by the Commission on Educational Excellence pursuant to NRS 385.3785, or any combination thereof, as applicable.

     3.  A school district that includes a school described in subsection 2 shall ensure that each of the pupils enrolled in the school who failed to demonstrate at least adequate achievement on the examinations administered pursuant to NRS 389.015 or 389.550, as applicable, completes [, in accordance with the requirements set forth in subsection 4 of NRS 389.015,] remedial study that is determined to be appropriate for the pupil.

 


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pursuant to NRS 389.015 or 389.550, as applicable, completes [, in accordance with the requirements set forth in subsection 4 of NRS 389.015,] remedial study that is determined to be appropriate for the pupil.

     Sec. 3.  NRS 385.3891 is hereby amended to read as follows:

     385.3891  1.  The Department shall establish a monitoring system for the statewide system of accountability. The monitoring system must [:

     (a) Include a common formula that provides a comparison and analysis of the results of pupils on the examinations that are administered pursuant to NRS 389.015 and 389.550, identified by grade, school and school district.

     (b) Identify any inconsistencies of the results of the examinations administered pursuant to NRS 389.015 compared with the results of the examinations administered pursuant to NRS 389.550, including, without limitation, an identification of whether the results of one or more subject areas on the examinations administered pursuant to NRS 389.015 are significantly higher or lower than the results of the same subject area or areas on the examinations that are administered pursuant to NRS 389.550.

     (c) Identify] identify significant levels of achievement of pupils on the examinations that are administered pursuant to NRS 389.550 and the high school proficiency examination that is administered pursuant to NRS 389.015, identified by school and by school district.

     [(d) Include procedures for investigating, and if necessary, auditing any inconsistencies identified pursuant to paragraph (b). The audit must include a review of data from the applicable school district or school districts, school or schools, and if practicable, class or classes.]

     2.  On or before October 1 of each year, the Department shall prepare a written summary of the findings made pursuant to subsection 1. The written summary must be provided to:

     (a) The Committee; and

     (b) If the findings show inconsistencies applicable to a particular school district or school within a school district, the board of trustees of that school district.

     3.  The Committee shall review the report submitted pursuant to subsection 2 and take such action as it deems appropriate.

     Sec. 4.  NRS 389.015 is hereby amended to read as follows:

     389.015  1.  The board of trustees of each school district shall administer [examinations] the high school proficiency examination in all public high schools of the school district. The governing body of a charter school that enrolls pupils at the high school grade levels shall administer the same [examinations] examination in the charter school. The [examinations] high school proficiency examination administered by the board of trustees and governing body must determine the achievement and proficiency of pupils in:

     (a) Reading;

     (b) Mathematics; and

     (c) Science.

     2.  The [examinations] high school proficiency examination required by subsection 1 must be:

     (a) [Administered before the completion of grades 4, 7, 10 and 11.

     (b)] Administered in each school district and each charter school that enrolls pupils at the high school grade levels at the same time [during the spring semester. The time for the administration of the examinations must be] , as prescribed by the State Board [.

 


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     (c) Administered in each school] , and in accordance with uniform procedures adopted by the State Board. The Department shall monitor the compliance of school districts and individual schools with the uniform procedures.

     [(d)] (b) Administered in each school in accordance with the plan adopted pursuant to NRS 389.616 by the Department and with the plan adopted pursuant to NRS 389.620 by the board of trustees of the school district in which the [examinations are] high school proficiency examination is administered. The Department shall monitor the compliance of school districts and individual schools with:

           (1) The plan adopted by the Department; and

           (2) The plan adopted by the board of trustees of the applicable school district, to the extent that the plan adopted by the board of trustees of the school district is consistent with the plan adopted by the Department.

     [(e)] (c) Scored by a single private entity that has contracted with the State Board to score the examinations. The private entity that scores the [examinations] high school proficiency examination shall report the results of the examinations in the form and by the date required by the Department.

     3.  Not more than 14 working days after the results of the examinations are reported to the Department by a private entity that scored the examinations, the Superintendent of Public Instruction shall certify that the results of the examinations have been transmitted to each school district and each charter school. Not more than 10 working days after a school district receives the results of the examinations, the superintendent of schools of each school district shall certify that the results of the examinations have been transmitted to each school within the school district. Except as otherwise provided in this subsection, not more than 15 working days after each school receives the results of the examinations, the principal of each school and the governing body of each charter school shall certify that the results for each pupil have been provided to the parent or legal guardian of the pupil:

     (a) During a conference between the teacher of the pupil or administrator of the school and the parent or legal guardian of the pupil; or

     (b) By mailing the results of the [examinations] high school proficiency examination to the last known address of the parent or legal guardian of the pupil.

Ê If a pupil fails the high school proficiency examination, the school shall notify the pupil and the parents or legal guardian of the pupil of each subject area that the pupil failed as soon as practicable but not later than 15 working days after the school receives the results of the examination.

     4.  [If a pupil fails to demonstrate at least adequate achievement on the examination administered before the completion of grade 4, 7 or 10, the pupil may be promoted to the next higher grade, but the results of the pupil’s examination must be evaluated to determine what remedial study is appropriate. If such a pupil is enrolled at a school that has failed to make adequate yearly progress or in which less than 60 percent of the pupils enrolled in grade 4, 7 or 10 in the school who took the examinations administered pursuant to this section received an average score on those examinations that is at least equal to the 26th percentile of the national reference group of pupils to which the examinations were compared, the pupil must, in accordance with the requirements set forth in this subsection, complete remedial study that is determined to be appropriate for the pupil.

 


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     5.]  Except as otherwise provided in subsection [6,] 5, if a pupil fails to pass the high school proficiency examination, the pupil must not be graduated unless he or she:

     (a) Is able, through remedial study, to pass the high school proficiency examination; or

     (b) Passes the subject areas of mathematics and reading tested on the high school proficiency examination, has at least a 2.75 grade point average on a 4.0 grading scale and satisfies the alternative criteria prescribed by the State Board pursuant to NRS 389.805,

Ê but the pupil may be given a certificate of attendance, in place of a diploma, if the pupil has reached the age of 18 years.

     [6.] 5.  A pupil who transfers during grade 12 to a school in this State from a school outside this State because of the military transfer of the parent or legal guardian of the pupil may receive a waiver from the requirements of subsection [5] 4 if, in accordance with the provisions of NRS 392C.010, the school district in which the pupil is enrolled:

     (a) Accepts the results of the exit or end-of-course examinations required for graduation in the local education agency in which the pupil was previously enrolled;

     (b) Accepts the results of a national norm-referenced achievement examination taken by the pupil; or

     (c) Establishes an alternative test for the pupil which demonstrates proficiency in the subject areas tested on the high school proficiency examination, and the pupil successfully passes that test.

     [7.] 6.  The State Board shall prescribe [standard examinations of achievement and proficiency to be administered pursuant to subsection 1. The] the high school proficiency examination , which must include the subjects of reading, mathematics and science and, except for the writing portion prescribed pursuant to NRS 389.550, must be developed, printed and scored by a nationally recognized testing company in accordance with the process established by the testing company. [The examinations on reading, mathematics and science prescribed for grades 4, 7 and 10 must be selected from examinations created by private entities and administered to a national reference group, and must allow for a comparison of the achievement and proficiency of pupils in grades 4, 7 and 10 in this State to that of a national reference group of pupils in grades 4, 7 and 10.] The questions contained in the [examinations] high school proficiency examination and the approved answers used for grading them are confidential, and disclosure is unlawful except:

     (a) To the extent necessary for administering and evaluating the [examinations.] high school proficiency examination.

     (b) That a disclosure may be made to a:

           (1) State officer who is a member of the Executive or Legislative Branch to the extent that it is necessary for the performance of his or her duties;

           (2) Superintendent of schools of a school district to the extent that it is necessary for the performance of his or her duties;

           (3) Director of curriculum of a school district to the extent that it is necessary for the performance of his or her duties; and

           (4) Director of testing of a school district to the extent that it is necessary for the performance of his or her duties.

 


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     (c) That specific questions and answers may be disclosed if the Superintendent of Public Instruction determines that the content of the questions and answers is not being used in a current examination and making the content available to the public poses no threat to the security of the current examination process.

     (d) As required pursuant to NRS 239.0115.

     Sec. 5.  NRS 389.017 is hereby amended to read as follows:

     389.017  1.  The State Board shall adopt regulations requiring that each board of trustees of a school district and each governing body of a charter school submit to the Superintendent of Public Instruction and the Department, in the form and manner prescribed by the Superintendent, the results of [achievement and proficiency examinations] the high school proficiency examination administered pursuant to NRS 389.015 to [public school] pupils enrolled in the high schools of the district and in charter schools. The State Board shall not include in the regulations any provision which would violate the confidentiality of the test scores of any individual pupil.

     2.  The results of [examinations] the high school proficiency examination must be reported for each school, including, without limitation, each charter school, school district and this State, as follows:

     (a) The average score, as defined by the Department, of pupils who took the [examinations] high school proficiency examination under regular testing conditions; and

     (b) The average score, as defined by the Department, of pupils who took the [examinations] high school proficiency examination with modifications or accommodations, if such reporting does not violate the confidentiality of the test scores of any individual pupil.

     3.  Not later than 10 days after the Department receives the results of the [achievement and proficiency examinations,] high school proficiency examination, the Department shall transmit a copy of the results of the [examinations] high school proficiency examination administered pursuant to NRS 389.015 to the Legislative Bureau of Educational Accountability and Program Evaluation in a manner that does not violate the confidentiality of the test scores of any individual pupil.

     4.  On or before July 1 of each year, each school district and each charter school shall report to the Department the following information for [each examination] the high school proficiency examination administered in the [public] high schools in the school district or charter school:

     (a) [The examination administered;

     (b)] The grade level or levels of pupils to whom the examination was administered;

     [(c)] (b) The costs incurred by the school district or charter school in administering [each] the examination; and

     [(d)] (c) The purpose, if any, for which the results of the high school proficiency examination are used by the school district or charter school.

Ê On or before September 1 of each year, the Department shall transmit to the Budget Division of the Department of Administration and the Fiscal Analysis Division of the Legislative Counsel Bureau the information submitted to the Department pursuant to this subsection.

     5.  The superintendent of schools of each school district and the governing body of each charter school shall certify that the number of pupils who took the [examinations] high school proficiency examination required pursuant to NRS 389.015 is equal to the number of pupils who are enrolled in each school in the school district or in the charter school who are required to take the [examinations.]

 


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pursuant to NRS 389.015 is equal to the number of pupils who are enrolled in each school in the school district or in the charter school who are required to take the [examinations.] high school proficiency examination.

     6.  In addition to the information required by subsection 4, the Superintendent of Public Instruction shall:

     (a) Report the number of pupils who were absent from school on the day that the [examinations were] high school proficiency examination was administered; and

     (b) Reconcile the number of pupils who were required to take the [examinations] high school proficiency examination with the number of pupils who were absent from school on the day that the [examinations were] examination was administered.

     Sec. 6.  NRS 389.632 is hereby amended to read as follows:

     389.632  1.  [If the Department determines:

     (a) That at least one irregularity in testing administration occurred at a school, including, without limitation, a charter school, during 1 school year on the examinations administered pursuant to NRS 389.015, excluding the high school proficiency examination;

     (b) That in the immediately succeeding school year, at least one additional irregularity in testing administration occurred at that school on the examinations administered pursuant to NRS 389.015, excluding the high school proficiency examination; and

     (c) Based upon the criteria set forth in subsection 5, that the irregularities described in paragraphs (a) and (b) warrant an additional administration of the examinations,

Ê the Department shall notify the school and the school district in which the school is located that the school is required to provide for an additional administration of the examinations to pupils who are enrolled in a grade that is required to take the examinations pursuant to NRS 389.015, excluding the high school proficiency examination, or to the pupils the Department determines must take the additional administration pursuant to subsection 6. The additional administration must occur in the same school year in which the irregularity described in paragraph (b) occurred. Except as otherwise provided in this subsection, the school district shall pay for all costs related to the administration of examinations pursuant to this subsection. If a charter school is required to administer examinations pursuant to this subsection, the charter school shall pay for all costs related to the administration of the examinations to pupils enrolled in the charter school.

     2.]  If the Department determines that:

     (a) At least one irregularity in testing administration occurred at a school, including, without limitation, a charter school, during 1 school year on the examinations administered pursuant to NRS 389.550;

     (b) In the immediately succeeding school year, at least one additional irregularity in testing administration occurred at that school on the examinations administered pursuant to NRS 389.550; and

     (c) Based upon the criteria set forth in subsection [5,] 2, the irregularities described in paragraphs (a) and (b) warrant an additional administration of the examinations,

Ê the Department shall notify the school and the school district in which the school is located that the school is required to provide for an additional administration of the examinations to pupils who are enrolled in a grade that is required to take the examinations pursuant to NRS 389.550 or to the pupils the Department determines must take the additional administration pursuant to subsection [6.]

 


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the Department determines must take the additional administration pursuant to subsection [6.] 3. The additional administration must occur in the same school year in which the irregularity described in paragraph (b) occurred. Except as otherwise provided in this subsection, the school district shall pay for all costs related to the administration of examinations pursuant to this subsection. If a charter school is required to administer examinations pursuant to this subsection, the charter school shall pay for all costs related to the administration of the examinations to pupils enrolled in the charter school.

     [3.  If the Department determines that:

     (a) At least one irregularity in testing administration occurred at a school, including, without limitation, a charter school, during 1 school year on the examinations administered pursuant to NRS 389.015, excluding the high school proficiency examination;

     (b) In the immediately succeeding school year, at least one additional irregularity in testing administration occurred at that school on the examinations administered pursuant to NRS 389.550; and

     (c) Based upon the criteria set forth in subsection 5, the irregularities described in paragraphs (a) and (b) warrant an additional administration of the examinations,

Ê the Department shall notify the school and the school district in which the school is located that the school is required to provide for an additional administration of the examinations to pupils who are enrolled in a grade that is required to take the examinations pursuant to NRS 389.550 or to the pupils the Department determines must take the additional administration pursuant to subsection 6. The additional administration must occur in the same school year in which the irregularity described in paragraph (b) occurred. Except as otherwise provided in this subsection, the school district shall pay for all costs related to the administration of examinations pursuant to this subsection. If a charter school is required to administer examinations pursuant to this subsection, the charter school shall pay for all costs related to the administration of the examinations to pupils enrolled in the charter school.

     4.  If the Department determines that:

     (a) At least one irregularity in testing administration occurred at a school, including, without limitation, a charter school, during 1 school year on the examinations administered pursuant to NRS 389.550;

     (b) In the immediately succeeding school year, at least one additional irregularity in testing administration occurred at that school on the examinations administered pursuant to NRS 389.015, excluding the high school proficiency examination; and

     (c) Based upon the criteria set forth in subsection 5, the irregularities described in paragraphs (a) and (b) warrant an additional administration of the examinations,

Ê the Department shall notify the school and the school district in which the school is located that the school is required to provide for an additional administration of the examinations to pupils who are enrolled in a grade that is required to take the examinations pursuant to NRS 389.015, excluding the high school proficiency examination, or to the pupils the Department determines must take the additional administration pursuant to subsection 6. The additional administration must occur in the same school year in which the irregularity described in paragraph (b) occurred. Except as otherwise provided in this subsection, the school district shall pay for all costs related to the administration of examinations pursuant to this subsection.

 


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provided in this subsection, the school district shall pay for all costs related to the administration of examinations pursuant to this subsection. If a charter school is required to administer examinations pursuant to this subsection, the charter school shall pay for all costs related to the administration of the examinations to pupils enrolled in the charter school.

     5.] 2.  In determining whether to require a school to provide for an additional administration of examinations pursuant to this section, the Department shall consider:

     (a) The effect of each irregularity in testing administration, including, without limitation, whether the irregularity required the scores of pupils to be invalidated; and

     (b) Whether sufficient time remains in the school year to provide for an additional administration of examinations.

     [6.] 3.  If the Department determines pursuant to subsection [5] 2 that a school must provide for an additional administration of examinations, the Department may consider whether the most recent irregularity in testing administration affected the test scores of a limited number of pupils and require the school to provide an additional administration of examinations pursuant to this section only to those pupils whose test scores were affected by the most recent irregularity.

     [7.] 4.  The Department shall provide as many notices pursuant to this section during 1 school year as are applicable to the irregularities occurring at a school. A school shall provide for additional administrations of examinations pursuant to this section within 1 school year as applicable to the irregularities occurring at the school.

     Sec. 7.  NRS 389.640 is hereby repealed.

     Sec. 8.  This act becomes effective upon passage and approval.

________

 


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CHAPTER 495, AB 504

Assembly Bill No. 504–Committee on Taxation

 

CHAPTER 495

 

[Approved: June 17, 2011]

 

AN ACT relating to taxation; requiring the Department of Taxation to provide an annual report to the Nevada Tax Commission of delinquent taxes owed to the Department; requiring the Nevada Tax Commission to request that the State Board of Examiners designate certain delinquent taxes owed to the Department as bad debt; revising the interest rate for the payment of certain delinquent taxes; and providing other matters properly relating thereto.

 

Legislative Counsel’s Digest:

       Section 1 of this bill requires the Department of Taxation to prepare and furnish an annual report to the Nevada Tax Commission that shows debts to the Department incurred by delinquent taxpayers during the immediately preceding year. Section 1 also requires the Department to include the amount of any delinquent taxes that the Department determines is impossible or impractical to collect. Section 1 further requires the Nevada Tax Commission to request that the State Board of Examiners designate any such amount of delinquent taxes as bad debt.

       Sections 2 and 6 of this bill reduce the interest rate on the overpayment of certain taxes from 0.5 percent per month to 0.25 percent per month. Sections 3, 4 and 9 of this bill reduce the interest rate on late payments of certain taxes from 1 percent per month to 0.75 percent per month. Sections 5, 7, 8 and 10-12 of this bill reduce the interest rate on the overpayment of certain taxes and certain illegally collected taxes from 6 percent per annum to 3 percent per annum.

 

EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

     Section 1.  Chapter 360 of NRS is hereby amended by adding thereto a new section to read as follows:

     1.  On or before January 15 of each year, the Department shall prepare and furnish to the Nevada Tax Commission a report that shows all money owed to the Department for delinquent payments of any tax administered by the Department during the preceding year.

     2.  The Department shall include in the report prepared to pursuant to subsection 1 the amount of any delinquent taxes that the Department determines is impossible or impractical to collect.

     3.  If the Department determines that it is impossible or impractical to collect any amount of delinquent taxes, the Nevada Tax Commission shall request that the State Board of Examiners designate such amount as a bad debt. The State Board of Examiners, by an affirmative vote of the majority of the members of the Board, may designate the delinquent taxes as a bad debt if the Board is satisfied that the collection of the delinquent taxes is impossible or impractical. If the amount of the delinquent taxes is not more than $50, the State Board of Examiners may delegate to its Clerk the authority to designate delinquent taxes as a bad debt. The Nevada Tax Commission may appeal to the State Board of Examiners a denial by the Clerk of a request to designate delinquent taxes as a bad debt.

 


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     4.  Upon the designation of delinquent taxes as a bad debt pursuant to this section, the State Board of Examiners or its Clerk shall immediately notify the State Controller thereof. Upon receiving the notification, the State Controller shall direct the removal of the bad debt from the books of account of the State of Nevada. A bad debt that is removed pursuant to this section remains a legal and binding obligation owed by the debtor to the State of Nevada.

     5.  The State Controller shall keep a master file of all delinquent taxes that are designated as bad debts pursuant to this section. For each such debt, the State Controller shall record the name of the debtor, the amount of the debt, the date on which the debt was incurred and the date on which it was removed from the records and books of account of the State of Nevada, and any other information concerning the debt that the State Controller determines is necessary.

     Sec. 2.  NRS 360.2937 is hereby amended to read as follows:

     360.2937  1.  Except as otherwise provided in this section, NRS 360.320 or any other specific statute, and notwithstanding the provisions of NRS 360.2935, interest must be paid upon an overpayment of any tax provided for in chapter 362, 363A, 363B, 369, 370, 372, 374, 377 or 377A of NRS, any fee provided for in NRS 444A.090 or 482.313, or any assessment provided for in NRS 585.497, at the rate of [0.5] 0.25 percent per month from the last day of the calendar month following the period for which the overpayment was made.

     2.  No refund or credit may be made of any interest imposed on the person making the overpayment with respect to the amount being refunded or credited.

     3.  The interest must be paid:

     (a) In the case of a refund, to the last day of the calendar month following the date upon which the person making the overpayment, if the person has not already filed a claim, is notified by the Department that a claim may be filed or the date upon which the claim is certified to the State Board of Examiners, whichever is earlier.

     (b) In the case of a credit, to the same date as that to which interest is computed on the tax or the amount against which the credit is applied.

     Sec. 3.  NRS 360.295 is hereby amended to read as follows:

     360.295  Except as otherwise specifically provided in this title, if the Department grants an extension of the time for paying any amount required to be paid under this title, a person who pays the amount within the period for which the extension is granted shall pay, in addition to the amount owing, interest at the rate of [1] 0.75 percent per month from the date the amount would have been due without the extension until the date of payment.

     Sec. 4.  NRS 360.417 is hereby amended to read as follows:

     360.417  Except as otherwise provided in NRS 360.232 and 360.320, and unless a different penalty or rate of interest is specifically provided by statute, any person who fails to pay any tax provided for in chapter 362, 363A, 363B, 369, 370, 372, 374, 377, 377A, 444A or 585 of NRS, or any fee provided for in NRS 482.313, and any person or governmental entity that fails to pay any fee provided for in NRS 360.787, to the State or a county within the time required, shall pay a penalty of not more than 10 percent of the amount of the tax or fee which is owed, as determined by the Department, in addition to the tax or fee, plus interest at the rate of [1] 0.75 percent per month, or fraction of a month, from the last day of the month following the period for which the amount or any portion of the amount should have been reported until the date of payment.

 


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following the period for which the amount or any portion of the amount should have been reported until the date of payment. The amount of any penalty imposed must be based on a graduated schedule adopted by the Nevada Tax Commission which takes into consideration the length of time the tax or fee remained unpaid.

     Sec. 5.  NRS 361.420 is hereby amended to read as follows:

     361.420  1.  Any property owner whose taxes are in excess of the amount which the owner claims justly to be due may pay each installment of taxes as it becomes due under protest in writing. The protest must be in the form of a separate, signed statement from the property owner and filed with the tax receiver at the time of the payment of the installment of taxes.

     2.  The property owner, having protested the payment of taxes as provided in subsection 1 and having been denied relief by the State Board of Equalization, may commence a suit in any court of competent jurisdiction in the State of Nevada against the State and county in which the taxes were paid, and, in a proper case, both the Nevada Tax Commission and the Department may be joined as a defendant for a recovery of the difference between the amount of taxes paid and the amount which the owner claims justly to be due, and the owner may complain upon any of the grounds contained in subsection 4.

     3.  Every action commenced under the provisions of this section must be commenced within 3 months after the date of the payment of the last installment of taxes, and if not so commenced is forever barred. If the tax complained of is paid in full and under the written protest provided for in this section, at the time of the payment of the first installment of taxes, suit for the recovery of the difference between the amount paid and the amount claimed to be justly due must be commenced within 3 months after the date of the full payment of the tax or the issuance of the decision of the State Board of Equalization denying relief, whichever occurs later, and if not so commenced is forever barred.

     4.  In any suit brought under the provisions of this section, the person assessed may complain or defend upon any of the following grounds:

     (a) That the taxes have been paid before the suit;

     (b) That the property is exempt from taxation under the provisions of the revenue or tax laws of the State, specifying in detail the claim of exemption;

     (c) That the person assessed was not the owner and had no right, title or interest in the property assessed at the time of assessment;

     (d) That the property is situate in and has been assessed in another county, and the taxes thereon paid;

     (e) That there was fraud in the assessment or that the assessment is out of proportion to and above the taxable cash value of the property assessed;

     (f) That the assessment is out of proportion to and above the valuation fixed by the Nevada Tax Commission for the year in which the taxes were levied and the property assessed; or

     (g) That the assessment complained of is discriminatory in that it is not in accordance with a uniform and equal rate of assessment and taxation, but is at a higher rate of the taxable value of the property so assessed than that at which the other property in the State is assessed.

     5.  In a suit based upon any one of the grounds mentioned in paragraphs (e), (f) and (g) of subsection 4, the court shall conduct the trial without a jury and confine its review to the record before the State Board of Equalization. Where procedural irregularities by the Board are alleged and are not shown in the record, the court may take evidence respecting the allegation and, upon the request of either party, shall hear oral argument and receive written briefs on the matter.

 


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in the record, the court may take evidence respecting the allegation and, upon the request of either party, shall hear oral argument and receive written briefs on the matter.

     6.  In all cases mentioned in this section where the complaint is based upon any grounds mentioned in subsection 4, the entire assessment must not be declared void but is void only as to the excess in valuation.

     7.  In any judgment recovered by the taxpayer under this section, the court may provide for interest thereon not to exceed [6] 3 percent per annum from and after the date of payment of the tax complained of.

     Sec. 6.  NRS 361.486 is hereby amended to read as follows:

     361.486  1.  Except as otherwise provided in subsection 2 and NRS 361.485, interest must be paid on an overpayment of the taxes imposed by this chapter at the rate of [0.5] 0.25 percent per month, or fraction thereof, from the last day of the calendar month in which the overpayment was made to the last day of the calendar month in which a refund is made.

     2.  No interest is allowed:

     (a) On a refund of any penalty or interest paid by a taxpayer; or

     (b) If the ex officio tax receiver determines that the overpayment was made intentionally or by reason of carelessness.

     Sec. 7.  NRS 363A.210 is hereby amended to read as follows:

     363A.210  In any judgment, interest must be allowed at the rate of [6] 3 percent per annum upon the amount found to have been illegally collected from the date of payment of the amount to the date of allowance of credit on account of the judgment, or to a date preceding the date of the refund warrant by not more than 30 days. The date must be determined by the Department.

     Sec. 8.  NRS 363B.200 is hereby amended to read as follows:

     363B.200  In any judgment, interest must be allowed at the rate of [6] 3 percent per annum upon the amount found to have been illegally collected from the date of payment of the amount to the date of allowance of credit on account of the judgment, or to a date preceding the date of the refund warrant by not more than 30 days. The date must be determined by the Department.

     Sec. 9.  NRS 368A.230 is hereby amended to read as follows:

     368A.230  Upon written application made before the date on which payment must be made, the Board or the Department may, for good cause, extend by 30 days the time within which a taxpayer is required to pay the tax imposed by this chapter. If the tax is paid during the period of extension, no penalty or late charge may be imposed for failure to pay at the time required, but the taxpayer shall pay interest at the rate of [1] 0.75 percent per month from the date on which the amount would have been due without the extension until the date of payment, unless otherwise provided in NRS 360.232 or 360.320.

     Sec. 10.  NRS 368A.310 is hereby amended to read as follows:

     368A.310  In any judgment, interest must be allowed at the rate of [6] 3 percent per annum upon the amount found to have been illegally collected from the date of payment of the amount to the date of allowance of credit on account of the judgment, or to a date preceding the date of the refund warrant by not more than 30 days. The date must be determined by the Board or the Department.

     Sec. 11.  NRS 372.695 is hereby amended to read as follows:

     372.695  In any judgment, interest must be allowed at the rate of [6] 3 percent per annum upon the amount found to have been illegally collected from the date of payment of the amount to the date of allowance of credit on account of the judgment, or to a date preceding the date of the refund warrant by not more than 30 days, the date to be determined by the Department.

 


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account of the judgment, or to a date preceding the date of the refund warrant by not more than 30 days, the date to be determined by the Department.

     Sec. 12.  NRS 374.700 is hereby amended to read as follows:

     374.700  In any judgment, interest shall be allowed at the rate of [6] 3 percent per annum upon the amount found to have been illegally collected from the date of payment of the amount to the date of allowance of credit on account of the judgment, or to a date preceding the date of the refund warrant by not more than 30 days, the date to be determined by the Department.

     Sec. 13.  This act becomes effective on July 1, 2011.

________

CHAPTER 496, AB 525

Assembly Bill No. 525–Committee on Ways and Means

 

CHAPTER 496

 

[Approved: June 17, 2011]

 

AN ACT relating to wildlife; requiring the Department of Wildlife to establish the Wildlife Trust Fund; authorizing the Department to accept any gift, donation, bequest or devise from any private source for the Wildlife Trust Fund; requiring the Director to report income and expenditures from the Wildlife Trust Fund to the Chief of the Budget Division of the Department of Administration, the Interim Finance Committee and the Board of Wildlife Commissioners; designating the Wildlife Account and the Wildlife Obligated Reserve Account as the Wildlife Fund Account; and providing other matters properly relating thereto.

 

Legislative Counsel’s Digest:

       Section 1 of this bill requires the Department of Wildlife to establish the Wildlife Trust Fund for the purposes of receiving any gift, donation, bequest or devise from any private source for the Wildlife Trust Fund. The money in the Wildlife Trust Fund must be used either for the specified purpose of the donor who donated the money or, if the donor specified no purpose, then in the sound discretion of the Director of the Department. Section 1 further establishes that the money in the Wildlife Trust Fund is private money and exempts the expenditure of money in the Wildlife Trust Fund from the provisions of the State Purchasing Act. Finally, section 1 requires the Director to report the income and expenditures of the Wildlife Trust Fund to the Chief of the Budget Division of the Department of Administration, the Interim Finance Committee and the Board of Wildlife Commissioners.

       Existing law establishes the Wildlife Account, into which the majority of the money received by the Department of Wildlife must be deposited. (NRS 501.356) Existing law also creates the Wildlife Obligated Reserve Account, into which certain other money must be deposited by the Department of Wildlife. (NRS 502.242) Sections 1.5-19 of this bill combine the Wildlife Account and the Wildlife Obligated Reserve Account into one account designated the Wildlife Fund Account.

 


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ê2011 Statutes of Nevada, Page 3146 (Chapter 496, AB 525)ê

 

EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

     Section 1.  Chapter 501 of NRS is hereby amended by adding thereto a new section to read as follows:

     1.  The Department shall establish the Wildlife Trust Fund. The Department may accept any gift, donation, bequest or devise from any private source for deposit in the Wildlife Trust Fund. Any money received is private money and not state money. All money must be accounted for in the Wildlife Trust Fund.

     2.  All of the money in the Wildlife Trust Fund must be deposited in a financial institution to draw interest or to be expended, invested and reinvested pursuant to the specific instructions of the donor, or if no such specific instructions exist, in the sound discretion of the Director. The provisions of NRS 356.011 apply to any accounts in financial institutions maintained pursuant to this section.

     3.  The money in the Wildlife Trust Fund must be budgeted and expended, within any limitations which may have been specified by particular donors, at the discretion of the Director. The Director may authorize independent contractors that may be funded in whole or in part from the money in the Wildlife Trust Fund.

     4.  The Director or the Director’s designee shall submit semiannually to the Interim Finance Committee and the Commission a report concerning the investment and expenditure of the money in the Wildlife Trust Fund in such form and detail as the Interim Finance Committee determines is necessary.

     5.  A separate statement concerning the anticipated amount and proposed expenditures of the money in the Wildlife Trust Fund must be submitted to the Chief of the Budget Division of the Department of Administration for his or her information at the same time and for the same fiscal years as the requested budget of the Department submitted pursuant to NRS 353.210. The statement must be attached to the requested budget for the Department when the requested budget is submitted to the Fiscal Analysis Division of the Legislative Counsel Bureau pursuant to NRS 353.211.

     6.  The provisions of chapter 333 of NRS do not apply to the expenditure of money in the Wildlife Trust Fund.

     Sec. 1.1.  NRS 501.179 is hereby amended to read as follows:

     501.179  1.  Members of the Commission are entitled to receive a salary of not more than $80 per day, as fixed by the Commission, while performing official duties for the Commission.

     2.  While engaged in the business of the Commission, each member and employee of the Commission is entitled to receive the per diem allowance and travel expenses provided for state officers and employees generally.

     3.  Compensation and expenses must be paid from the Wildlife Fund Account within the State General Fund.

     Sec. 1.3.  NRS 501.320 is hereby amended to read as follows:

     501.320  1.  Annually, not later than May 1, each board shall prepare a budget for the period ending June 30 of the following year, setting forth in detail its proposed expenditures for carrying out its duties as specified in this title within its county, and submit the budget to the Commission accompanied by a statement of the previous year’s expenditures, certified by the county auditor.

 


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title within its county, and submit the budget to the Commission accompanied by a statement of the previous year’s expenditures, certified by the county auditor.

     2.  The Commission shall examine the budget in conjunction with the Director or a person designated by the Director, and may increase, decrease, alter or amend the budget.

     3.  Upon approval of the budget, the Department shall transmit a copy of the approved budget to the board, and at the same time withdraw from the Wildlife Fund Account within the State General Fund and transmit to the board the money required under the approved budget for disposition by the board in accordance with the approved budget. All money so received must be placed in the fund for the advisory board.

     Sec. 1.5.  NRS 501.331 is hereby amended to read as follows:

     501.331  The Department of Wildlife is hereby created. The Department:

     1.  Shall administer the wildlife laws of this State and chapter 488 of NRS.

     2.  Shall, on or before the fifth calendar day of each regular session of the Legislature, submit to the Legislature a financial report for each of the immediately preceding 2 fiscal years setting forth the activity and status of the Wildlife [Obligated Reserve] Fund Account in the State General Fund, each subaccount within that Account and any other account or subaccount administered by the Department for which the use of the money in the account or subaccount is restricted. The report must include, without limitation:

     (a) A description of each project for which money is expended from each of those accounts and subaccounts and a description of each recipient of that money; and

     (b) The total amount of money expended from each of those accounts and subaccounts for each fiscal year, including, without limitation, the amount of any matching contributions received for those accounts and subaccounts for each fiscal year.

     Sec. 1.7.  NRS 501.343 is hereby amended to read as follows:

     501.343  The Department may:

     1.  Collect and disseminate, throughout the State, information calculated to educate and benefit the people of the State regarding wildlife and boating, and information pertaining to any program administered by the Department.

     2.  Publish wildlife journals and other official publications, for which a specific charge may be made, such charge to be determined by the Commission, with the proceeds to be deposited in the Wildlife Fund Account within the State General Fund. No charge may be made for any publication required by a regulation of the Commission.

     Sec. 1.9.  NRS 501.346 is hereby amended to read as follows:

     501.346  1.  The Department may charge fees for advertising:

     (a) In printed materials prepared by the Department; and

     (b) On a website on the Internet or its successor that is maintained by the Department.

     2.  Any money collected by the Department, pursuant to subsection 1 must be:

     (a) Deposited with the State Treasurer for credit to the Wildlife Fund Account in the State General Fund; and

 


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     (b) Used to pay the expenses of the Department, including, without limitation, expenses incurred in the development, production and distribution of:

           (1) Printed materials prepared by the Department;

           (2) Materials used by the Department on the website maintained by the Department; and

           (3) Any informational and educational materials provided by the Department for the purposes described in subsection 1 of NRS 501.343.

     Sec. 2.  NRS 501.356 is hereby amended to read as follows:

     501.356  1.  Money received by the Department from:

     (a) The sale of licenses;

     (b) Fees pursuant to the provisions of NRS 488.075 and 488.1795;

     (c) Remittances from the State Treasurer pursuant to the provisions of NRS 365.535;

     (d) Appropriations made by the Legislature; and

     (e) All other sources, including, without limitation, the Federal Government, except money derived from the forfeiture of any property described in NRS 501.3857 or money deposited in the Wildlife Heritage Trust Account pursuant to NRS 501.3575 or in the [Trout Management Account pursuant to NRS 502.327,] Wildlife Trust Fund pursuant to section 1 of this act,

Ê must be deposited with the State Treasurer for credit to the Wildlife Fund Account in the State General Fund.

     2.  The interest and income earned on the money in the Wildlife Fund Account, after deducting any applicable charges, must be credited to the Account.

     3.  Except as otherwise provided in subsection 4, the Department may use money in the Wildlife Fund Account only to carry out the provisions of this title and chapter 488 of NRS and as provided in NRS 365.535, and the money must not be diverted to any other use.

     4.  Except as otherwise provided in NRS 502.250 and 504.155, all fees for the sale or issuance of stamps, tags, permits and licenses that are required to be deposited in the Wildlife Fund Account pursuant to the provisions of this title and any matching money received by the Department from any source must be accounted for separately and must be used:

     (a) Only for the management of wildlife; and

     (b) If the fee is for the sale or issuance of a license, permit or tag other than a tag specified in subsection 5 or 6 of NRS 502.250, under the guidance of the Commission pursuant to subsection 2 of NRS 501.181.

     Sec. 3.  NRS 501.359 is hereby amended to read as follows:

     501.359  1.  The Wildlife Imprest Account in the amount of $15,000 is hereby created for the use of the Department, subject to the following conditions:

     (a) The money must be deposited in a bank or credit union qualified to receive deposits of public money, except that $500 must be kept in the custody of an employee designated by the Director for immediate use for purposes set forth in this section.

     (b) The Account must be replenished periodically from the Wildlife Fund Account in the State General Fund upon approval of expenditures as required by law and submission of vouchers or other documents to indicate payment as may be prescribed.

 


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     2.  The Wildlife Imprest Account may be used to pay for postage, C.O.D. packages, travel or other minor expenses which are proper as claims for payment from the Wildlife Fund Account in the State General Fund.

     3.  The Wildlife Imprest Account may be used to provide money to employees of the Department for travel expenses and subsistence allowances arising out of their official duties or employment. All advances constitute a lien in favor of the Department upon the accrued wages of the requesting employee in an amount equal to the money advanced, but the Director may advance more than the amount of the accrued wages of the employee. Upon the return of the employee, the employee is entitled to receive money for any authorized expenses and subsistence in excess of the amount advanced.

     Sec. 4.  NRS 501.361 is hereby amended to read as follows:

     501.361  A Petty Cash Account in the amount of $1,000 for the payment of minor expenses of the Department is hereby created. The Account must be kept in the custody of an employee designated by the Director and must be replenished periodically from the Wildlife Fund Account in the State General Fund upon approval of expenditures as required by law and submission of vouchers or other documents to indicate payment as may be prescribed.

     Sec. 5.  NRS 501.3855 is hereby amended to read as follows:

     501.3855  1.  In addition to the penalties provided for the violation of any of the provisions of this title, every person who unlawfully kills or possesses a big game mammal, bobcat, swan or eagle is liable for a civil penalty of not less than $250 nor more than $5,000.

     2.  For the unlawful killing or possession of fish or wildlife not included in subsection 1, the court may order the defendant to pay a civil penalty of not less than $25 nor more than $1,000.

     3.  For hunting, fishing or trapping without a valid license, tag or permit, the court may order the defendant to pay a civil penalty of not less than $50 nor more than $250.

     4.  Every court, before whom a defendant is convicted of unlawfully killing or possessing any wildlife, shall order the defendant to pay the civil penalty in the amount stated in this section for each mammal, bird or fish unlawfully killed or possessed. The court shall fix the manner and time of payment.

     5.  The Department may attempt to collect all penalties and installments that are in default in any manner provided by law for the enforcement of a judgment.

     6.  If a person who is ordered to pay a civil penalty pursuant to this section fails to do so within 90 days after the date set forth in the order, the Department may suspend, revoke, or refuse to issue or renew any license, tag, permit, certificate or other document or privilege otherwise available to the person pursuant to this title or chapter 488 of NRS.

     7.  Each court that receives money pursuant to the provisions of this section shall forthwith remit the money to the Department which shall deposit the money with the State Treasurer for credit to the Wildlife Fund Account in the State General Fund.

     Sec. 6.  NRS 501.389 is hereby amended to read as follows:

     501.389  1.  Except for property described in NRS 501.3857, equipment:

 


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     (a) Seized as evidence in accordance with NRS 501.375; and

     (b) Not recovered by the owner within 1 year after it is no longer needed for evidentiary purposes,

Ê becomes the property of the Department.

     2.  The Department may:

     (a) Sell the equipment in accordance with the regulations adopted pursuant to subsection 5 of NRS 333.220;

     (b) Donate equipment that is not dangerous to nonprofit organizations which benefit children;

     (c) Donate equipment that is not dangerous to children from low-income families who attend fishing clinics sponsored by the Department; or

     (d) Retain the equipment for authorized use by the Department.

Ê All money received from the sale of equipment must be deposited with the State Treasurer for credit to the Wildlife Fund Account in the State General Fund.

     3.  Any person of lawful age and lawfully entitled to reside in the United States may purchase the equipment, whether a prior owner or not.

     Sec. 7.  NRS 502.148 is hereby amended to read as follows:

     502.148  1.  Except as otherwise provided in this subsection, any person who wishes to apply for a restricted nonresident deer tag pursuant to NRS 502.147 must complete an application on a form prescribed and furnished by the Department. A licensed master guide may complete the application for an applicant. The application must be signed by the applicant and the master guide who will be responsible for conducting the restricted nonresident deer hunt.

     2.  The application must be accompanied by a fee for the tag of $300, plus any other fees which the Department may require. The Commission shall establish the time limits and acceptable methods for submitting such applications to the Department.

     3.  Any application for a restricted nonresident deer tag which contains an error or omission must be rejected and the fee for the tag returned to the applicant.

     4.  A person who is issued a restricted nonresident deer tag is not eligible to apply for any other deer tag issued in this State for the same hunting season as that restricted nonresident deer hunt.

     5.  All fees collected pursuant to this section must be deposited with the State Treasurer for credit to the Wildlife Fund Account in the State General Fund.

     Sec. 8.  NRS 502.219 is hereby amended to read as follows:

     502.219  1.  The Commission may establish a program for the issuance of additional big game tags each year to be known as “Dream Tags.” If the Commission establishes such a program, the program must provide:

     (a) For the issuance of Dream Tags to either a resident or nonresident of this State;

     (b) For the issuance of one Dream Tag for each species of big game for which 50 or more tags were available under the quota established for the species by the Commission during the previous year; and

     (c) For the sale of Dream Tags to a nonprofit organization pursuant to this section.

     2.  The Commission may adopt regulations establishing such other provisions concerning Dream Tags as the Commission determines reasonable or necessary in carrying out the program.

 


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     3.  A nonprofit organization established through the Community Foundation of Western Nevada which is exempt from taxation pursuant to 26 U.S.C. § 501(c)(3) and which has as its principal purpose the preservation, protection, management or restoration of wildlife and its habitat may purchase such Dream Tags from the Department as are authorized by the Commission, at prices established by the Commission, subject to the following conditions:

     (a) The nonprofit organization must agree to award the Dream Tags by raffle, with unlimited chances to be sold for $5 each to persons who purchase a resource enhancement stamp pursuant to NRS 502.222.

     (b) The nonprofit organization must agree to enter into a contract with a private entity that is approved by the Department which requires that the private entity agree to act as the agent of the nonprofit organization to sell chances to win Dream Tags, conduct any required drawing for Dream Tags and issue Dream Tags. For the purposes of this paragraph, a private entity that has entered into a contract with the Department pursuant to NRS 502.175 to conduct a drawing and to award and issue tags or permits as established by the Commission shall be deemed to be approved by the Department.

     (c) All money received by the nonprofit organization from the proceeds of the Dream Tag raffle, less the cost of the Dream Tags purchased by the nonprofit organization and any administrative costs charged by the Community Foundation of Western Nevada, must be used for the preservation, protection, management or restoration of game and its habitat, as determined by the Advisory Board on Dream Tags created by NRS 502.225.

     4.  All money received by the Department for Dream Tags pursuant to this section must be deposited with the State Treasurer for credit to the Wildlife Fund Account in the State General Fund.

     5.  The nonprofit organization shall, on or before February 1 of each year, report to the Commission and the Interim Finance Committee concerning the Dream Tag program, including, without limitation:

     (a) The number of Dream Tags issued during the immediately preceding calendar year;

     (b) The total amount of money paid to the Department for Dream Tags during the immediately preceding calendar year;

     (c) The total amount of money received by the nonprofit organization from the proceeds of the Dream Tag raffle, the amount of such money expended by the nonprofit organization and a description of each project for which the money was spent; and

     (d) Any recommendations concerning the continuation of the program or necessary legislation.

     6.  As used in this section, “big game tag” means a tag permitting a person to hunt any species of pronghorn antelope, bear, deer, mountain goat, mountain lion, bighorn sheep or elk.

     Sec. 9.  NRS 502.222 is hereby amended to read as follows:

     502.222  1.  To be eligible to participate in the Dream Tag raffle, a person must purchase a resource enhancement stamp.

     2.  Resource enhancement stamps must be sold for a fee of $10 each by the Department and by persons authorized by the Department to sell the stamps. All money received by the Department for resource enhancement stamps pursuant to this section must be deposited with the State Treasurer for credit to the Wildlife Fund Account in the State General Fund.

 


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stamps pursuant to this section must be deposited with the State Treasurer for credit to the Wildlife Fund Account in the State General Fund.

     3.  The Department shall determine the form of the stamps.

     Sec. 10.  NRS 502.242 is hereby amended to read as follows:

     502.242  1.  In addition to any fee charged and collected for an annual hunting, trapping, fishing or combined hunting and fishing license pursuant to NRS 502.240, a habitat conservation fee of $3 must be paid.

     2.  [The Wildlife Obligated Reserve Account is hereby created in the State General Fund.] Revenue from the habitat conservation fee must be accounted for separately, deposited with the State Treasurer for credit to the Wildlife [Obligated Reserve] Fund Account and, except as otherwise provided in NRS 502.294 and 502.310, used by the Department for the purposes of wildlife habitat rehabilitation and restoration. [The interest and income earned on the money in the Wildlife Obligated Reserve Account, after deducting any applicable charges, must be credited to the Account.]

     3.  The money in the Wildlife [Obligated Reserve] Fund Account remains in the Account and does not revert to the State General Fund at the end of any fiscal year.

     Sec. 11.  NRS 502.250 is hereby amended to read as follows:

     502.250  1.  The amount of the fee that must be charged for the following tags is:

 

Resident deer tag................................................................................................................................ $30

Resident antelope tag............................................................................................................................ 60

Resident elk tag.................................................................................................................................. 120

Resident bighorn sheep tag................................................................................................................. 120

Resident mountain goat tag................................................................................................................. 120

Resident mountain lion tag................................................................................................................... 25

Nonresident deer tag........................................................................................................................... 240

Nonresident antelope tag.................................................................................................................... 300

Nonresident antlered elk tag............................................................................................................ 1,200

Nonresident antlerless elk tag............................................................................................................. 500

Nonresident bighorn sheep tag........................................................................................................ 1,200

Nonresident mountain goat tag........................................................................................................ 1,200

Nonresident mountain lion tag............................................................................................................ 100

 

     2.  The amount of the fee for other resident or nonresident big game tags must not exceed the highest fee for a resident or nonresident big game tag established pursuant to this section.

     3.  The amount of the fee for a tag determined to be necessary by the Commission for other species pursuant to NRS 502.130 must not exceed the highest fee for a resident or nonresident tag established pursuant to this section.

     4.  A fee not to exceed $10 may be charged for processing an application for a game species or permit other than an application for an elk. A fee of not less than $5 but not more than $15 must be charged for processing an application for an elk, $5 of which must be deposited with the State Treasurer for credit to the Wildlife [Obligated Reserve] Fund Account in the State General Fund and used for the prevention and mitigation of damage caused by elk or game mammals not native to this State. A fee of not less than $15 and not more than $50 must be charged for processing an application for a Silver State Tag.

 


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     5.  The Commission may accept sealed bids for, or award through an auction or a Silver State Tag Drawing, or any combination thereof, not more than 15 big game tags and not more than 5 wild turkey tags each year. To reimburse the Department for the cost of managing wildlife and administering and conducting the bid, auction or Silver State Tag Drawing, not more than 18 percent of the total amount of money received from the bid, auction or Silver State Tag Drawing may be deposited with the State Treasurer for credit to the Wildlife Fund Account in the State General Fund. Any amount of money received from the bid, auction or Silver State Tag Drawing that is not so deposited must be deposited with the State Treasurer for credit to the Wildlife Heritage Trust Account in the State General Fund in accordance with the provisions of NRS 501.3575.

     6.  The Commission may by regulation establish an additional drawing for big game tags, which may be entitled the Partnership in Wildlife Drawing. To reimburse the Department for the cost of managing wildlife and administering and conducting the drawing, not more than 18 percent of the total amount of money received from the drawing may be deposited with the State Treasurer for credit to the Wildlife Fund Account in the State General Fund. Except as otherwise provided by regulations adopted by the Commission pursuant to subsection 7, the money received by the Department from applicants in the drawing who are not awarded big game tags must be deposited with the State Treasurer for credit to the Wildlife Heritage Trust Account in accordance with the provisions of NRS 501.3575.

     7.  The Commission may adopt regulations which authorize the return of all or a portion of any fee collected from a person pursuant to the provisions of this section.

     Sec. 12.  NRS 502.253 is hereby amended to read as follows:

     502.253  1.  In addition to any fee charged and collected pursuant to NRS 502.250, a fee of $3 must be charged for processing each application for a game tag, the revenue from which must be accounted for separately, deposited with the State Treasurer for credit to the Wildlife Fund Account in the State General Fund and used by the Department for costs related to:

     (a) Programs for the management and control of injurious predatory wildlife;

     (b) Wildlife management activities relating to the protection of nonpredatory game animals, sensitive wildlife species and related wildlife habitat;

     (c) Conducting research, as needed, to determine successful techniques for managing and controlling predatory wildlife, including studies necessary to ensure effective programs for the management and control of injurious predatory wildlife; and

     (d) Programs for the education of the general public concerning the management and control of predatory wildlife.

     2.  The Department of Wildlife is hereby authorized to expend a portion of the money collected pursuant to subsection 1 to enable the State Department of Agriculture to develop and carry out the programs described in subsection 1.

     3.  Any program developed or wildlife management activity or research conducted pursuant to this section must be developed or conducted under the guidance of the Commission pursuant to subsection 2 of NRS 501.181.

     4.  The money in the Wildlife Fund Account remains in the Account and does not revert to the State General Fund at the end of any fiscal year.

 


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     Sec. 13.  NRS 502.294 is hereby amended to read as follows:

     502.294  All money received pursuant to NRS 502.292 must be deposited with the State Treasurer for credit to the Wildlife [Obligated Reserve] Fund Account in the State General Fund. The Department shall maintain separate accounting records for the receipt and expenditure of that money. An amount not to exceed 10 percent of that money may be used to reimburse the Department for the cost of administering the program of documentation. This amount is in addition to compensation allowed persons authorized to issue and sell licenses.

     Sec. 14.  NRS 502.310 is hereby amended to read as follows:

     502.310  All money received pursuant to NRS 502.300 must be deposited with the State Treasurer for credit to the Wildlife [Obligated Reserve] Fund Account in the State General Fund. The Department shall maintain separate accounting records for the receipt and expenditure of that money. An amount not to exceed 10 percent of that money may be used to reimburse the Department for the cost of administering the state duck stamp programs. This amount is in addition to compensation allowed persons authorized to issue and sell licenses.

     Sec. 15.  NRS 502.410 is hereby amended to read as follows:

     502.410  1.  Any money received by the Department pursuant to NRS 502.400 must be deposited with the State Treasurer for credit to the Wildlife Fund Account in the State General Fund.

     2.  The Department:

     (a) Shall maintain separate accounting records for the receipt and expenditure of any money pursuant to this section or NRS 502.400; and

     (b) Must use the money to operate and manage the Carson Lake Wildlife Management Area.

     Sec. 16.  NRS 504.155 is hereby amended to read as follows:

     504.155  All gifts, grants, fees and appropriations of money received by the Department for the prevention and mitigation of damage caused by elk or game mammals not native to this State, and the interest and income earned on the money, less any applicable charges, must be accounted for separately within the Wildlife Fund Account and may only be disbursed as provided in the regulations adopted pursuant to NRS 504.165.

     Sec. 17.  NRS 321.385 is hereby amended to read as follows:

     321.385  The State Land Registrar, after consultation with the Division of Forestry of the State Department of Conservation and Natural Resources, may:

     1.  Sell timber from any land owned by the State of Nevada which is not assigned to the Department of Wildlife.

     2.  At the request of the Director of the Department of Wildlife, sell timber from any land owned by the State of Nevada which is assigned to the Department of Wildlife. Revenues from the sale of such timber must be deposited with the State Treasurer for credit to the Wildlife Fund Account in the State General Fund.

     Sec. 18.  NRS 365.535 is hereby amended to read as follows:

     365.535  1.  It is declared to be the policy of the State of Nevada to apply the tax on motor vehicle fuel paid on fuel used in watercraft for recreational purposes during each calendar year, which is hereby declared to be not refundable to the consumer, for the:

 


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     (a) Improvement of boating and the improvement, operation and maintenance of other outdoor recreational facilities located in any state park that includes a body of water used for recreational purposes; and

     (b) Payment of the costs incurred, in part, for the administration and enforcement of the provisions of chapter 488 of NRS.

     2.  The amount of excise taxes paid on all motor vehicle fuel used in watercraft for recreational purposes must be determined annually by the Department by use of the following formula:

     (a) Multiplying the total boats with motors registered the previous calendar year, pursuant to provisions of chapter 488 of NRS, times 220.76 gallons average fuel purchased per boat;

     (b) Adding 566,771 gallons of fuel purchased by out-of-state boaters as determined through a study conducted during 1969-1970 by the Division of Agricultural and Resource Economics, Max C. Fleischmann College of Agriculture, University of Nevada, Reno; and

     (c) Multiplying the total gallons determined by adding the total obtained under paragraph (a) to the figure in paragraph (b) times the rate of tax, per gallon, imposed on motor vehicle fuel used in watercraft for recreational purposes, less the percentage of the tax authorized to be deducted by the supplier pursuant to NRS 365.330.

     3.  The Department of Wildlife shall submit annually to the Department, on or before April 1, the number of boats with motors registered in the previous calendar year. On or before June 1, the Department, using that data, shall compute the amount of excise taxes paid on all motor vehicle fuel used in watercraft for recreational purposes based on the formula set forth in subsection 2, and shall certify the ratio for apportionment and distribution, in writing, to the Department of Wildlife and to the Division of State Parks of the State Department of Conservation and Natural Resources for the next fiscal year.

     4.  In each fiscal year, the State Treasurer shall, upon receipt of the tax money from the Department collected pursuant to the provisions of NRS 365.175 to 365.190, inclusive, allocate the amount determined pursuant to subsection 2, in proportions directed by the Legislature, to:

     (a) The Wildlife Fund Account in the State General Fund. This money may be expended only for the administration and enforcement of the provisions of chapter 488 of NRS and for the improvement, operation and maintenance of boating facilities and other outdoor recreational facilities associated with boating. Any money received in excess of the amount authorized by the Legislature to be expended for such purposes must be retained in the Wildlife Fund Account.

     (b) The Division of State Parks of the State Department of Conservation and Natural Resources. Such money may be expended only as authorized by the Legislature for the improvement, operation and maintenance of boating facilities and other outdoor recreational facilities located in any state park that includes a body of water used for recreational purposes.

     Sec. 19.  NRS 488.075 is hereby amended to read as follows:

     488.075  1.  The owner of each motorboat requiring numbering by this State shall file an application for a number and for a certificate of ownership with the Department on forms approved by it accompanied by:

 


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     (a) Proof of payment of Nevada sales or use tax as evidenced by proof of sale by a Nevada dealer or by a certificate of use tax paid issued by the Department of Taxation, or by proof of exemption from those taxes as provided in NRS 372.320.

     (b) Such evidence of ownership as the Department may require.

Ê The Department shall not issue a number, a certificate of number or a certificate of ownership until this evidence is presented to it.

     2.  The application must be signed by the owner of the motorboat and must be accompanied by a fee of $20 for the certificate of ownership and a fee according to the following schedule as determined by the straight line length which is measured from the tip of the bow to the back of the transom of the motorboat:

 

Less than 13 feet................................................................................................................................ $20

13 feet or more but less than 18 feet.................................................................................................... 25

18 feet or more but less than 22 feet.................................................................................................... 40

22 feet or more but less than 26 feet.................................................................................................... 55

26 feet or more but less than 31 feet.................................................................................................... 75

31 feet or more .................................................................................................................................. 100

 

Except as otherwise provided in this subsection, all fees received by the Department under the provisions of this chapter must be deposited in the Wildlife Fund Account in the State General Fund and may be expended only for the administration and enforcement of the provisions of this chapter. On or before December 31 of each year, the Department shall deposit with the respective county school districts 50 percent of each fee collected according to the motorboat’s length for every motorboat registered from their respective counties. Upon receipt of the application in approved form, the Department shall enter the application upon the records of its office and issue to the applicant a certificate of number stating the number awarded to the motorboat, a certificate of ownership stating the same information and the name and address of the registered owner and the legal owner.

     3.  A certificate of number may be renewed each year by the purchase of a validation decal. The fee for a validation decal is determined by the straight line length of the motorboat and is equivalent to the fee set forth in the schedule provided in subsection 2. The amount of the fee for issuing a duplicate validation decal is $20.

     4.  The owner shall paint on or attach to each side of the bow of the motorboat the identification number in such manner as may be prescribed by regulations of the Commission in order that the number may be clearly visible. The number must be maintained in legible condition.

     5.  The certificate of number must be available at all times for inspection on the motorboat for which issued, whenever the motorboat is in operation.

     6.  The Commission shall provide by regulation for the issuance of numbers to manufacturers and dealers which may be used interchangeably upon motorboats operated by the manufacturers and dealers in connection with the demonstration, sale or exchange of those motorboats. The amount of the fee for each such a number is $20.

     Sec. 20.  NRS 502.327 is hereby repealed.

     Sec. 21.  As soon as practicable after July 1, 2011, any money remaining in the Trout Management Account established by NRS 502.327 which has not been committed for expenditure before that date must be deposited into the Wildlife Fund Account pursuant to NRS 501.356, as amended by section 2 of this act.

 


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which has not been committed for expenditure before that date must be deposited into the Wildlife Fund Account pursuant to NRS 501.356, as amended by section 2 of this act.

     Sec. 22.  Notwithstanding any amendatory provision of this act to the contrary, during the biennium beginning on July 1, 2011, and ending on June 30, 2013, if any money is appropriated or authorized for an expenditure or use by the Department of Wildlife which is inconsistent with the amendatory provisions of this act, the Department may expend or use the money in accordance with the purpose for which the money was appropriated or authorized for expenditure or use.

     Sec. 23.  1.  This section and sections 1 to 14, inclusive, and 16 to 22, inclusive, of this act become effective on July 1, 2011.

     2.  Section 15 of this act becomes effective upon conveyance of the Carson Lake Pasture to the State of Nevada in accordance with chapter 209, Statutes of Nevada 1993, at page 447.

     3.  Section 22 of this act expires by limitation on July 1, 2013.

________

CHAPTER 497, AB 572

Assembly Bill No. 572–Committee on Ways and Means

 

CHAPTER 497

 

[Approved: June 17, 2011]

 

AN ACT relating to taxation; revising provisions governing the expenditure by police departments of the proceeds of the sales and use tax imposed pursuant to the Clark County Sales and Use Tax Act of 2005; revising certain reporting requirements concerning such expenditures; and providing other matters properly relating thereto.

 

Legislative Counsel’s Digest:

       The Clark County Sales and Use Tax Act of 2005 authorizes the Board of County Commissioners of Clark County to enact an ordinance imposing a local sales and use tax to employ and equip additional police officers in certain police departments in Clark County. (Sections 9-10 of the Act) A police department is prohibited from spending the proceeds of the tax unless the expenditure has been approved by a designated body and only if the use will not replace or supplant existing funding for the police department. (Section 13 of the Act) Section 1 of this bill revises the requirements governing the approval and expenditure of the proceeds of the tax to allow, under certain circumstances, for the approval and expenditure of such proceeds during fiscal years in which the designated body projects a decrease in its receipt of certain other tax revenue. Section 1 also establishes a procedure pursuant to which, under certain circumstances, the County Treasurer may approve the use by a police department of the proceeds of the tax that have been allocated to another police department.

       The Act also requires that certain reports concerning expenditures pursuant to the Act be submitted to the Director of the Legislative Counsel Bureau for transmittal to the Legislature or to the Legislative Commission if the Legislature is not in session. (Section 13.5 of the Act) Section 2 of this bill requires that the reports be submitted instead to the Department of Taxation.

 


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EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

     Section 1.  Section 13 of the Clark County Sales and Use Tax Act of 2005, being chapter 249, Statutes of Nevada 2005, at page 915, is hereby amended to read as follows:

      Sec. 13.  1.  A police department shall not expend proceeds received from any sales and use tax imposed pursuant to this act unless the expenditure has been approved by the body designated pursuant to this section for the approval of expenditures of that police department. The body designated pursuant to this section must approve the expenditure of the proceeds by the police department if it determines that:

      (a) The proposed use of the money conforms to all provisions of this act; and

      (b) The proposed use will not replace or supplant existing funding for the police department.

      2.  The body designated to approve an expenditure for:

      (a) The Boulder City Police Department is the City Council of the City of Boulder City;

      (b) The Henderson Police Department is the City Council of the City of Henderson;

      (c) The Las Vegas Metropolitan Police Department is the Metropolitan Police Committee on Fiscal Affairs;

      (d) The Mesquite Police Department is the City Council of the City of Mesquite; and

      (e) The North Las Vegas Police Department is the City Council of the City of North Las Vegas.

      3.  In determining [whether] that a proposed use meets the requirement set forth in paragraph (b) of subsection 1, a body designated pursuant to [paragraph (a), (b), (d) or (e) of] subsection 2 [, shall determine whether the] must find that either:

      (a) The amount approved for expenditure by the body for the fiscal year for the support of the police department, not including any money received or expended pursuant to this act, is equal to or greater than the amount approved for expenditure in the immediately preceding fiscal year for the support of the police department [.

      4.  In determining whether a proposed use meets the requirements set forth in paragraph (b) of subsection 1, a body designated pursuant to paragraph (c) of subsection 2 shall determine whether:

      (a) The amount approved for expenditure by the City of Las Vegas for the fiscal year for the support of the police department, not including any money received or expended pursuant to this act or any money collected pursuant to an additional ad valorem tax approved by the voters pursuant to NRS 280.265, is equal to or greater than the amount determined by multiplying the sum of the amounts approved for expenditure by both the City of Las Vegas and Clark County for the support of the police department during the immediately preceding fiscal year by the percentage of the expense of the operating and maintaining the police department apportioned to the City of Las Vegas for the fiscal year pursuant to NRS 280.201; and

 


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the support of the police department during the immediately preceding fiscal year by the percentage of the expense of the operating and maintaining the police department apportioned to the City of Las Vegas for the fiscal year pursuant to NRS 280.201; and

      (b) The amount approved for expenditure by the County for the fiscal year for the support of the police department, not including any money received or expended pursuant to this act or any money collected pursuant to an additional ad valorem tax approved by the voters pursuant to NRS 280.265, is equal to or greater than the amount determined by multiplying the sum of the amounts approved for expenditure by both the City of Las Vegas and the County for the support of the police department during the immediately preceding fiscal year by the percentage of the expense of operating and maintaining the police department apportioned to the County for the fiscal year pursuant to NRS 280.210.] ; or

      (b) The amount approved for expenditure by the body for the fiscal year for the support of the police department, not including any money received or expended pursuant to this act, is less than the amount approved for expenditure in the immediately preceding fiscal year for the support of the police department and the body projects a decrease in its receipt of revenue in that fiscal year from consolidated taxes and property taxes of more than 2 percent from its base fiscal year.

      4.  If a body designated pursuant to subsection 2 makes a finding pursuant to subsection 3, the body shall adopt a resolution setting forth the finding and the reasons therefor. If the finding is made pursuant to paragraph (b) of subsection 3, the finding must include, without limitation, all facts supporting the projection of a decrease in revenue.

      5.  If a body designated pursuant to subsection 2 does not make a finding pursuant to subsection 3 for a fiscal year on or before July 1 of that fiscal year, the body shall retain the proceeds received for that fiscal year from any sales and use tax imposed pursuant to this act in the special revenue fund created by the body pursuant to section 17 of this act for use pursuant to this section. Any other body designated pursuant to subsection 2 which makes a finding pursuant to subsection 3 for that fiscal year may apply to the County Treasurer requesting approval for the use by the police department for which the other body approves expenditures of any portion of those proceeds in accordance with the provisions of this section.

      6.  The County Treasurer, upon receiving a request pursuant to subsection 5 and proper documentation of compliance with the provisions of this section, shall provide written notice to the designated body which failed to make a finding pursuant to subsection 3 that it is required to transfer from the special revenue fund created by the body pursuant to section 17 of this act to the County Treasurer such amount of the proceeds received for that fiscal year from any sales and use tax imposed pursuant to this act as approved by the County Treasurer for use by the designated body that submitted the request.

 


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      7.  Notwithstanding the provisions of subsection 3 of section 17 of this act, a designated body that receives written notice from the County Treasurer pursuant to subsection 6 shall transfer all available required money to the County Treasurer as soon as practicable following its receipt of any portion of the proceeds. Upon receipt of the money, the County Treasurer shall transfer the money to the designated body that submitted the request, which shall deposit the money in the special revenue fund created by that designated body pursuant to section 17 of this act.

     8.  As used in this section, “base fiscal year” means, with respect to a body designated pursuant to subsection 2, Fiscal Year 2009-2010, except that:

     (a) If, in any subsequent fiscal year, the amount approved for expenditure by the body for that subsequent fiscal year for the support of the police department, not including any money received or expended pursuant to this act, exceeds by more than 2 percent the amount approved for expenditure in Fiscal Year 2009-2010, the base fiscal year for that body becomes the most recent of such subsequent fiscal years.

      (b) If the base fiscal year is revised pursuant to paragraph (a) and, in any subsequent fiscal year, the amount approved for expenditure by the body for that subsequent fiscal year for the support of the police department, not including any money received or expended pursuant to this act, is equal to or less than the amount approved for expenditure in Fiscal Year 2009-2010, the base fiscal year for that body becomes Fiscal Year 2009-2010 but is subject to subsequent revision pursuant to paragraph (a).

     Sec. 2.  Section 13.5 of the Clark County Sales and Use Tax Act of 2005, being chapter 249, Statutes of Nevada 2005, as added by chapter 545, Statutes of Nevada 2007, at page 3422, is hereby amended to read as follows:

      Sec. 13.5.  1.  Any governing body that has approved expenditures pursuant to section 13 of this act shall submit to the [Director of the Legislative Counsel Bureau for transmittal to the members of the Legislature, or the Legislative Commission when the Legislature is not in regular session,] Department the periodic reports required pursuant to this section and such other information relating to the provisions of this act as may be requested by the [Director of the Legislative Counsel Bureau.] Department.

      2.  The reports required pursuant to this section must be submitted:

      (a) On or before:

           (1) February 15 for the 3-month period ending on the immediately preceding December 31;

           (2) May 15 for the 3-month period ending on the immediately preceding March 31;

           (3) August 15 for the 3-month period ending on the immediately preceding June 30; and

           (4) November 15 for the 3-month period ending on the immediately preceding September 30; and

 


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      (b) On or before August 15 for the 12-month period ending on the immediately preceding June 30.

      3.  Each report must be submitted on a form provided by the [Director of the Legislative Counsel Bureau] Department and include, with respect to the period covered by the report:

      (a) The total proceeds received by the respective police department from the sales and use tax imposed pursuant to this act;

      (b) A detailed description of the use of the proceeds, including, without limitation:

           (1) The total expenditures made by the respective police department from the sales and use tax imposed pursuant to this act;

           (2) The total number of police officers hired by the police department and the number of those officers that are filling authorized, funded positions for new officers; and

           (3) A detailed analysis of the manner in which each expenditure:

                (I) Conforms to all provisions of this act; and

                (II) Does not replace or supplant funding which existed before October 1, 2005, for the police department; and

      (c) Any other information required to complete the form for the report.

      4.  The [Legislative Commission] Department may review and investigate the reports submitted pursuant to this section and the expenditure of any proceeds pursuant to section 13 of this act.

     Sec. 3.  This act becomes effective upon passage and approval.

________

 


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ê2011 Statutes of Nevada, Page 3162ê

 

CHAPTER 498, AB 576

Assembly Bill No. 576–Committee on Legislative Operations and Elections

 

CHAPTER 498

 

[Approved: June 17, 2011]

 

AN ACT relating to government; revising provisions relating to the Legislative Department of the State Government; providing penalties; and providing other matters properly relating thereto.

 

Legislative Counsel’s Digest:

       Under existing law, the Legislative Counsel is required to keep the organizational structure of the Nevada Revised Statutes current, and the Legislative Counsel may revise the titles, chapters and sections of the Nevada Revised Statutes when necessary to effectuate the orderly and logical arrangement of the statutes. (NRS 220.120) In addition, the Legislative Counsel may make recommendations to the Legislature regarding the clarification of existing statutes and the revision or elimination of obsolete and antiquated statutes. (NRS 220.080, 220.085)

       Following the 2009 Legislative Session, title 17 of NRS, which contains provisions relating to the Legislative Department of the State Government, was reorganized to improve and enhance the orderly and logical arrangement of the statutes. This bill supplements the reorganization of title 17 of NRS by clarifying existing provisions, adding new provisions and revising and eliminating obsolete and antiquated provisions relating to the Legislative Department of the State Government.

 

EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

     Section 1.  Chapter 218A of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 31, inclusive, of this act.

     Sec. 2.  As used in this title, unless the context otherwise requires, the words and terms defined in sections 3 to 31, inclusive, of this act have the meanings ascribed to them in those sections.

     Sec. 3.  “Administrative Division” means the Administrative Division of the Legislative Counsel Bureau.

     Sec. 4.  “Assembly” means the Assembly of the State of Nevada.

     Sec. 5.  “Audit Division” means the Audit Division of the Legislative Counsel Bureau.

     Sec. 6.  “Audit Subcommittee” means the Audit Subcommittee of the Legislative Commission created by NRS 218E.240.

     Sec. 7.  “Concurrent resolution” means a concurrent resolution of the Senate and the Assembly.

     Sec. 8.  “Director” means the person appointed or serving as the Director of the Legislative Counsel Bureau pursuant to NRS 218F.100.

     Sec. 9.  “Executive Department” means the Executive Department of the State Government.

     Sec. 10.  “Fiscal Analysis Division” means the Fiscal Analysis Division of the Legislative Counsel Bureau.

 


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     Sec. 11.  “Fiscal Analyst” means a person appointed or serving as the Senate Fiscal Analyst or Assembly Fiscal Analyst pursuant to NRS 218F.100.

     Sec. 12.  “House” means a House of the Legislature.

     Sec. 13.  “Interim Finance Committee” means the Interim Finance Committee created by NRS 218E.400.

     Sec. 14.  “Joint resolution” means a joint resolution of the Senate and the Assembly.

     Sec. 15.  “Joint rule” means a joint rule of the Senate and the Assembly.

     Sec. 16.  “Judicial Department” means the Judicial Department of the State Government.

     Sec. 17.  “Legal Division” means the Legal Division of the Legislative Counsel Bureau.

     Sec. 18.  “Legislative Auditor” means the person appointed or serving as the Legislative Auditor and chief of the Audit Division pursuant to NRS 218F.100.

     Sec. 19.  “Legislative Commission” means the Legislative Commission created by NRS 218E.150.

     Sec. 20.  “Legislative Counsel” means the person appointed or serving as the Legislative Counsel and chief of the Legal Division pursuant to NRS 218F.100.

     Sec. 21.  “Legislative Counsel Bureau” means the Legislative Counsel Bureau created by NRS 218F.100.

     Sec. 22.  “Legislative Department” means the Legislative Department of the State Government.

     Sec. 23.  “Legislative Fund” means the Legislative Fund created by NRS 218A.150.

     Sec. 24.  “Legislative measure” means a bill or resolution of the Legislature or either House.

     Sec. 25.  “Legislator” means a person elected or appointed as member of the Senate or the Assembly.

     Sec. 26.  “Legislature” means the Legislature of the State of Nevada.

     Sec. 27.  “Regular session” means a biennial session of the Legislature convened pursuant to Section 2 of Article 4 of the Nevada Constitution.

     Sec. 28.  “Research Director” means the person appointed or serving as the Research Director and chief of the Research Division pursuant to NRS 218F.100.

     Sec. 29.  “Research Division” means the Research Division of the Legislative Counsel Bureau.

     Sec. 30.  “Senate” means the Senate of the State of Nevada.

     Sec. 31.  “Special session” means a special session of the Legislature convened pursuant to Section 9 of Article 5 of the Nevada Constitution.

     Sec. 32.  NRS 218A.150 is hereby amended to read as follows:

     218A.150  1.  The Legislative Fund is hereby created as a special revenue fund for the use of the Legislature, and where specifically authorized by law, for the use of the Legislative Counsel Bureau.

     2.  Support for the Legislative Fund must be provided by legislative appropriation from the State General Fund.

 


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     3.  Expenditures from the Legislative Fund may be made for:

     (a) The payment of necessary expenses of the Senate;

     (b) The payment of necessary expenses of the Assembly;

     (c) The payment of necessary improvements to the Legislative Building and its grounds;

     (d) The payment of expenses for the interim operation of the Legislature; and

     (e) The payment of necessary expenses of, but not limited to:

           (1) The Legislative Commission;

           (2) The Legal Division;

           (3) The Research Division;

           (4) The Audit Division;

           (5) The Fiscal Analysis Division; and

           (6) The Administrative Division . [,

Ê of the Legislative Counsel Bureau.]

     4.  Expenditures from the Legislative Fund for purposes other than those specified in subsection 3 or authorized specifically by another statute may be made only upon the authority of a concurrent resolution . [regularly adopted by the Senate and Assembly.]

     5.  All money in the Legislative Fund must be paid out on claims approved by the Director [of the Legislative Counsel Bureau or his or her] or the Director’s designee.

     Sec. 33.  NRS 218A.175 is hereby amended to read as follows:

     218A.175  1.  The official flag of the Legislature [of the State of Nevada] is hereby created containing substantially the design and colors submitted by the senior government class of the Tonopah High School, Tonopah, Nye County, Nevada, to the 54th Session of the Legislature, with the addition of the words “Nevada Legislature” which [shall] must appear above and below such design in an arc on the field.

     2.  The official flag [shall] must be flown over the building where the Legislature meets when the Legislature is in a regular or special session.

     Sec. 34.  NRS 218A.200 is hereby amended to read as follows:

     218A.200  [No] A person is not eligible to [the office of State Senator, Assemblyman or Assemblywoman who:] be elected or appointed to office as a Legislator unless the person:

     1.  Is [not] a qualified elector [and who has not] ;

     2.  Has been an actual, as opposed to constructive, citizen resident of this State for 1 year next preceding the person’s election [.

     2.] or appointment; and

     3.  At the time of election or appointment, has [not] attained the age of 21 years.

     Sec. 35.  NRS 218A.210 is hereby amended to read as follows:

     218A.210  [Senators, Assemblymen and Assemblywomen are] A person who is elected to office as a Legislator is entitled to receive [certificates] a certificate of election from the Governor.

     Sec. 36.  NRS 218A.220 is hereby amended to read as follows:

     218A.220  [Members of the Legislature shall] A person who receives a certificate of election or appointment to office as a Legislator must take and subscribe to the official oath before [they assume their seats as such members,] the person takes office as a Legislator, and an entry thereof [shall] must be made on the journal of the proper House.

 


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ê2011 Statutes of Nevada, Page 3165 (Chapter 498, AB 576)ê

 

     Sec. 37.  NRS 218A.250 is hereby amended to read as follows:

     218A.250  1.  [Any] A person who [shall receive] receives a certificate of election or appointment to office as a [Senator, Assemblyman or Assemblywoman shall be at liberty to] Legislator may resign the office [though] whether or not the person [may not have] has entered upon the execution of [its] the duties of the office or has taken the requisite oath of office.

     2.  [Senators, Assemblymen and Assemblywomen, when they resign their seats,] If a person resigns his or her office as a Legislator, the person shall deliver [their resignations] the resignation to the Governor.

     Sec. 38.  NRS 218A.260 is hereby amended to read as follows:

     218A.260  [Where]

     1.  If a vacancy occurs in the office of [State Senator, Assemblyman or Assemblywoman] a Legislator during a regular or special session [of the Legislature] or at a time when no biennial election or regular election at which county officers are to be elected will take place between the occurrence of the vacancy and the next regular or special session, the [procedure for filling the vacancy is as follows:

     1.  Where the Senator, Assemblyman or Assemblywoman] vacancy must be filled in the manner provided in this section.

     2.  If the former Legislator was elected or appointed from a district wholly within one county, the board of county commissioners of the county [from which the former incumbent was elected shall appoint] in which the district is located shall fill the vacancy by appointing a person who is a member of the same political party as the former [incumbent] Legislator and who actually, as opposed to constructively, resides in the district . [to fill the vacancy.

     2.  Where]

     3.  If the former [incumbent] Legislator was elected or appointed from a district comprising more than one county, the county commissioners of each county within or partly within the district shall [meet to appoint] fill the vacancy by appointing a person who is a member of the same political party as the former [incumbent] Legislator and who actually, as opposed to constructively, resides in the district . [to fill the vacancy, under the chairmanship of the chair of the board of county commissioners of the county whose population residing within the district is the greatest.] To fill the vacancy:

     (a) Each board of county commissioners shall first meet separately and determine the single candidate it will nominate to fill the vacancy. [Then, the]

     (b) The boards shall then meet jointly . [and the chairs] The joint meeting must be chaired by the person who is the chair of the board of county commissioners of the county with the largest population in the district. At the joint meeting:

           (1) The chair of each board, on behalf of [the boards] that board, shall cast a proportionate number of votes according to the percent, rounded to the nearest whole percent, which the population of [its] that board’s county is of the population of the entire district. Populations must be determined by the last decennial census or special census conducted by the Bureau of the Census of the United States Department of Commerce.

 


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ê2011 Statutes of Nevada, Page 3166 (Chapter 498, AB 576)ê

 

           (2) The person who receives a plurality of these votes is appointed to fill the vacancy. If no person receives a plurality of the votes, the boards of county commissioners of the respective counties shall each select a candidate, and the appointee must be chosen by drawing lots among the candidates so selected.

     [3.] 4.  The board of county commissioners or the board of the county [which has] with the largest population [within] in the district [, as the case may be,] shall issue a certificate of appointment naming the appointee. The county clerk or the clerk of the county [which has] with the largest population [within] in the district [, as the case may be,] shall give the certificate to the appointee and send a copy of the certificate to the Secretary of State.

     Sec. 39.  NRS 218A.300 is hereby amended to read as follows:

     218A.300  1.  No contract of employment wherein a private individual, corporation, association or partnership is the employer is lawful or enforceable in this State which works a loss of job seniority of any person by reason of the person’s absence from his or her regular duties or place of employment while attending a regular or special session [of the Legislature of this State] as a [member thereof] Legislator or while attending a meeting for which leave is required pursuant to subsection 3.

     2.  The presence in a general contract between employer and employees or their representative of any provision which violates subsection 1 does not affect the validity of any other and separable provision.

     3.  [Any] If any private employer who has more than 50 employees or any public employer [who] employs a person who is a [member of the Legislature] Legislator, the employer shall grant leave to the employee, with or without pay at the discretion of the employer, for the employee’s attendance during the legislative interim at a:

     (a) Meeting of the Legislative Commission of which the employee is a member or a subcommittee of the Legislative Commission of which the employee is a member;

     (b) Meeting of the Interim Finance Committee of which the employee is a member or other legislative committee or subcommittee created by statute of which the employee is a member;

     (c) Meeting of an interim committee which conducts a study or investigation pursuant to NRS 218E.200 of which the employee is a member or any other committee established by the Legislature which conducts an interim legislative study of which the employee is a member; or

     (d) Meeting of a committee, other than a legislative committee, if the employee is a member of the committee in the employee’s official capacity as a Legislator.

     Sec. 40.  NRS 218A.310 is hereby amended to read as follows:

     218A.310  1.  No employer, labor organization or employee association which maintains or administers a private pension plan for the benefit of its employees or members may consider or treat any time spent by an employee or member as a [member of the Legislature] Legislator as a break in service for any purpose of that plan.

     2.  If a private pension plan requires that an employee work a certain number of hours in a year to qualify under the plan, that number must be reduced for a year in which the employee [is a member of the Legislature] serves as a Legislator during a [legislative] regular or special session. The reduction must be by a number of hours which bears the same relationship to the required number of hours as the number of days in the [legislative] regular or special session bears to the number of days in the year.

 


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ê2011 Statutes of Nevada, Page 3167 (Chapter 498, AB 576)ê

 

reduction must be by a number of hours which bears the same relationship to the required number of hours as the number of days in the [legislative] regular or special session bears to the number of days in the year.

     Sec. 41.  NRS 218A.400 is hereby amended to read as follows:

     218A.400  1.  Before [the meeting of] the Assembly [of] meets for each regular session , [of the Legislature,] the Secretary of State shall make out a roll from the returns on file in the Secretary of State’s office of the persons who received the highest number of votes [for the offices of Assemblyman, Assemblywoman and State Senator] to be elected to office as members of the Assembly in each district in the general election. The members whose names appear upon the roll must be allowed to participate in the organization of the Assembly.

     2.  On the first day of each regular session [of the Legislature at 12 m.,] at a time that is appropriate for that regular session, the Secretary of State shall call the Assembly to order [,] and shall preside over the Assembly until a presiding officer [shall be] is elected.

     3.  If a special session is convened between the date of the general election and the date of the next regular session, the Assembly must be organized for the special session according to the procedure set forth in this section, except that on the first day of the special session, the Secretary of State shall call the Assembly to order at a time that is appropriate for that special session.

     Sec. 42.  NRS 218A.410 is hereby amended to read as follows:

     218A.410  The Senate and the Assembly may invite ministers of the different religious denominations to officiate alternately as chaplains of their respective Houses at a compensation [to be] fixed by concurrent resolution . [of the Senate and the Assembly.]

     Sec. 43.  NRS 218A.440 is hereby amended to read as follows:

     218A.440  [No subpoena issued by an] An administrative body [pursuant to law and directed] may not issue a subpoena to compel a [member of the Legislature of the State of Nevada,] Legislator or the President of the Senate, as a witness , [shall command such member or president] to attend and give testimony or to produce any relevant material, including, without limitation, books, papers, documents [or] , records, photographs, recordings, reports and tangible [things designated therein during any legislative] objects, during a regular or special session.

     Sec. 44.  NRS 218A.500 is hereby amended to read as follows:

     218A.500  Whenever the government is administered by the Lieutenant Governor, or whenever the Lieutenant Governor [shall be unable to attend] is not acting as the President of the Senate, the President Pro Tempore of the Senate or another appropriate member of the Senate as prescribed by its rules shall [elect one of its members as President for that occasion.] serve as the presiding officer of the Senate.

     Sec. 45.  NRS 218A.510 is hereby amended to read as follows:

     218A.510  1.  The number of officers and employees of the Senate must be determined by each regular and special session of the Senate as recommended by the senate committee which has jurisdiction of issues relating to legislative functions.

     2.  The committee shall recommend by resolution the appointment of all Senate employees authorized by law other than the Secretary of the Senate.

 


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ê2011 Statutes of Nevada, Page 3168 (Chapter 498, AB 576)ê

 

     Sec. 46.  NRS 218A.520 is hereby amended to read as follows:

     218A.520  1.  The Secretary of the Senate [shall] must be elected as an officer by the [members of the] Senate.

     2.  The Secretary of the Senate shall assign the duties of the Senate employees.

     Sec. 47.  NRS 218A.540 is hereby amended to read as follows:

     218A.540  1.  The number of officers and employees of the Assembly must be determined by each regular and special session of the Assembly as recommended by the assembly committee which has jurisdiction of issues relating to legislative functions.

     2.  The committee shall recommend by resolution the appointment of all Assembly employees authorized by law other than the Chief Clerk of the Assembly.

     Sec. 48.  NRS 218A.550 is hereby amended to read as follows:

     218A.550  1.  The Chief Clerk of the Assembly [shall] must be elected as an officer by the [members of the] Assembly.

     2.  The Chief Clerk shall assign the duties of the Assembly employees.

     Sec. 49.  NRS 218A.600 is hereby amended to read as follows:

     218A.600  1.  The compensation of the Secretary of the Senate and the Chief Clerk of the Assembly must be provided for in the budget for the Legislature for the ensuing biennium. The compensation must include an annual salary payable on a biweekly basis. The salary must not be increased during the biennium unless otherwise provided by a legislative act.

     2.  Except as otherwise provided in this section, the Secretary of the Senate and the Chief Clerk of the Assembly are subject to the same requirements of and entitled to the same benefits and rights as specified for employees of the Legislative Counsel Bureau. For the purposes of this subsection, references in the statutes and in the rules and policies of the Legislative Counsel Bureau to the chief of a division or the Director [of the Legislative Counsel Bureau] must be replaced by:

     (a) The Majority Leader of the Senate in the case of the Secretary of the Senate.

     (b) The Speaker of the Assembly in the case of the Chief Clerk of the Assembly.

     3.  Notwithstanding the provisions of subsection 2, the Secretary of the Senate and the Chief Clerk of the Assembly are not employees of the Legislative Counsel Bureau.

     Sec. 50.  NRS 218A.605 is hereby amended to read as follows:

     218A.605  1.  Except as otherwise provided in this section, [there must be paid to] the employees of the Senate and the Assembly [,] must be paid, for all services rendered by them under the provisions of this chapter, the following base amounts of money for each day’s employment:

 

Assistant Secretary/Assistant Chief Clerk......................................................................................... $111

Document Clerk................................................................................................................................. 105

History Clerk...................................................................................................................................... 105

Journal Clerk...................................................................................................................................... 105

Media Clerk........................................................................................................................................ 105

Recording Clerk................................................................................................................................. 105

Sergeant at Arms................................................................................................................................ 105

Deputy/Senior Sergeant at Arms........................................................................................................... 90

 


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Assistant Sergeant at Arms................................................................................................................. $84

Senior Page........................................................................................................................................... 77

Page/Student......................................................................................................................................... 61

Clerical Services Administrator/Supervisor of Clerical Services......................................................... 111

Executive Assistant............................................................................................................................ 103

Executive Secretary.............................................................................................................................. 98

Leadership Receptionist....................................................................................................................... 90

Senior Secretary................................................................................................................................... 90

Secretary.............................................................................................................................................. 84

Senior Committee Manager................................................................................................................ 103

Committee Manager............................................................................................................................. 98

Lead Committee Secretary.................................................................................................................. 103

Secretary for Senate Committee on Finance or Assembly Committee on Ways and Means................ 101

Senior Committee Secretary................................................................................................................. 98

Committee Secretary............................................................................................................................ 90

Senior Proofreader............................................................................................................................... 98

Proofreader.......................................................................................................................................... 90

Committee Minutes Coordinator........................................................................................................... 98

Data Entry Technician.......................................................................................................................... 82

Word Processing Clerk......................................................................................................................... 69

Reproduction Services Supervisor........................................................................................................ 90

Bill Services Administrator/Supervisor of Bill Services........................................................................ 82

Assistant Bill Services Administrator/Supervisor of Bill Services......................................................... 75

Bill Services Clerk................................................................................................................................ 61

 

     2.  In addition to the positions listed in subsection 1, the Secretary of the Senate and the Chief Clerk of the Assembly may establish additional positions as necessary and shall establish an appropriate base amount for those additional positions.

     3.  The base amount paid to an employee of the Legislature listed in subsection 1 or created pursuant to subsection 2:

     (a) Must be increased cumulatively by each cost of living increase granted to employees in the classified service of the State that becomes effective on or after July 1, 2001; and

     (b) May be increased cumulatively by the Secretary of the Senate or the Chief Clerk of the Assembly, as applicable, by:

           (1) One step of 5 percent for each regular [legislative] session during which the employee previously worked for the Legislature in the same or a similar position, not to exceed the number of steps in the State’s compensation schedule per position, if the Secretary of the Senate or the Chief Clerk of the Assembly determined that the employee performed his or her duties in a satisfactory manner during the previous regular session or sessions; or

           (2) One or more steps of 5 percent, not to exceed the number of steps in the State’s compensation schedule per position, as determined by the Secretary of the Senate or the Chief Clerk of the Assembly, based upon previous service with the Legislative Counsel Bureau in a position that is similar to the position with the Senate or the Assembly, as applicable.

 


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     4.  If an employee of the Legislative Counsel Bureau transfers to a position with the Senate or the Assembly during a regular or special session, the employee may, with the approval of the Secretary of the Senate or the Chief Clerk of the Assembly, continue to be paid on an hourly basis at the same rate that the employee was being paid by the Legislative Counsel Bureau if the position with the Legislative Counsel Bureau is similar to the position with the Senate or the Assembly, as applicable.

     5.  During periods of adjournment to a day certain, employees of the Legislature whose service is required shall perform duties as assigned and are entitled to be paid the amount specified in subsection 1 for each day of service, as adjusted pursuant to subsection 3, if applicable.

     6.  During periods before the commencement of a regular or special session and after the adjournment of a regular or special session sine die, employees of the Legislature whose service is required shall perform duties as assigned and are entitled to be paid at an hourly rate commensurate with the daily rate specified in subsection 1, as applicable, and are entitled to be compensated for overtime in the same manner as provided for employees of the Legislative Counsel Bureau.

     Sec. 51.  NRS 218A.630 is hereby amended to read as follows:

     218A.630  1.  Each [Senator, Assemblyman and Assemblywoman] Legislator is entitled to receive as compensation $130 per day for each day of service:

     (a) During any regular session, for the number of days the Legislature is in that regular session, or in adjournment for not more than 3 days, or the maximum number of days for which compensation for a regular session is permitted by the Constitution, whichever is smaller; and

     (b) During any special session, for the number of days the Legislature is in that special session or the maximum number of days for which compensation for a special session is permitted by the Constitution, whichever is smaller.

     2.  On the first day of each term of a [Senator, Assemblyman or Assemblywoman] Legislator beginning on or after November 8, 2006, the compensation of the office of the [Senator, Assemblyman or Assemblywoman] Legislator must be increased by an amount equal to the cumulative percentage increase in the salaries of the classified employees of this State during the immediately preceding term of that office.

     Sec. 52.  NRS 218A.635 is hereby amended to read as follows:

     218A.635  1.  Except as otherwise provided in subsections 2 and 4, [each Senator, Assemblywoman and Assemblyman] for each day or portion of a day during which a Legislator attends a presession orientation conference or a conference, meeting, seminar or other gathering at which the Legislator officially represents the State of Nevada or its Legislature, the Legislator is entitled to receive [the] :

     (a) The compensation provided for a majority of the [members of the Legislature] Legislators during the first 60 days of the preceding regular session [, and the] ;

     (b) The per diem allowance provided for state officers and employees generally; and

     (c) The travel expenses provided [by law, for each day of attendance at a presession orientation conference or at a conference, meeting, seminar or other gathering at which the Legislator officially represents the State of Nevada or its Legislature.] pursuant to NRS 218A.655.

 


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     2.  A nonreturning Legislator must not be paid the compensation or per diem allowance and travel expenses provided in subsection 1 for attendance at a conference, meeting, seminar or other gathering unless:

     (a) It is conducted by a statutory committee or a legislative committee [of the Legislature] and the Legislator is a member of that committee; or

     (b) The Majority Leader of the Senate or Speaker of the Assembly designates the Legislator to attend because of the Legislator’s knowledge or expertise.

     3.  For the purposes of this section, “nonreturning Legislator” means a Legislator who, in the year that the Legislator’s term of office expires:

     (a) Has not filed a declaration or an acceptance of candidacy within the time allowed for filing for election as a [Senator, Assemblywoman or Assemblyman;] member of the Senate or the Assembly;

     (b) Has failed to win nomination as a candidate for the Senate or the Assembly at the primary election; or

     (c) Has withdrawn as a candidate for the Senate or the Assembly.

     4.  This section does not apply:

     (a) During a regular or special session ; [of the Legislature;] or

     (b) To any [Senator, Assemblywoman or Assemblyman] Legislator who is otherwise entitled to receive a salary and the per diem allowance and travel expenses.

     Sec. 53.  NRS 218A.640 is hereby amended to read as follows:

     218A.640  A Legislator who attends and is compensated for attending a:

     1.  [Session] Regular or special session or presession orientation conference of the Legislature;

     2.  Meeting of an interim legislative committee; or

     3.  Meeting of the Legislative Commission or [its] the Audit Subcommittee,

Ê is not entitled to receive an additional day’s salary or compensation for any other such meeting or conference the Legislator attends in that day.

     Sec. 54.  NRS 218A.645 is hereby amended to read as follows:

     218A.645  1.  The per diem [expense] allowance and the travel and telephone expenses of [Senators, Assemblymen and Assemblywomen] Legislators elected or appointed and in attendance at any regular or special session or presession orientation conference of the Legislature must be allowed in the manner set forth in this section.

     2.  For initial travel from the Legislator’s home to Carson City, Nevada, to attend a regular or special session or presession orientation conference of the Legislature, and for return travel from Carson City, Nevada, to the Legislator’s home upon adjournment sine die of a regular or special session or termination of a presession orientation conference of the Legislature, each [Senator, Assemblyman and Assemblywoman] Legislator is entitled to receive:

     (a) A per diem expense allowance, not to exceed the maximum rate established by the Federal Government for the Carson City area, for 1 day’s travel to and 1 day’s travel from the regular or special session or conference.

     (b) Travel expenses.

     3.  In addition to the per diem and travel expenses authorized by subsection 2, each [Senator, Assemblyman and Assemblywoman] Legislator is entitled to receive a supplemental allowance which must not exceed:

 


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     (a) A total of $10,000 during each regular session [of the Legislature] for:

           (1) The Legislator’s actual expenses in moving to and from Carson City for the regular session;

           (2) Travel to and from the Legislator’s home or temporary residence or for traveling to and from legislative committee and subcommittee meetings or hearings or for individual travel within the State which relates to legislative business;

           (3) If the Legislator rents furniture for the Legislator’s temporary residence rather than moving similar furniture from the Legislator’s home, the cost of renting that furniture not to exceed the amount that it would have cost to move the furniture to and from the Legislator’s home; and

           (4) If:

                (I) The Legislator’s home is more than 50 miles from Carson City; and

                (II) The Legislator maintains temporary quarters in or near Carson City for which the Legislator has entered into a lease or other agreement for occupancy during a regular [legislative] session,

Ê the cost of such additional housing, paid at the end of each month during the [legislative] regular session, beginning the month of the first day of the [legislative] regular session and ending the month of the adjournment sine die of the [legislative] regular session, in an amount that is the fair market rent for a one bedroom unit in Carson City as published by the United States Department of Housing and Urban Development prorated for the number of days of the month that the Legislator actually maintained the temporary quarters in or near Carson City. For the purposes of this subparagraph, any day before the first day of the [legislative] regular session or after the day of the adjournment sine die of the [legislative] regular session may not be counted as a day for which the Legislator actually maintained such temporary quarters; and

     (b) A total of $1,200 during each special session [of the Legislature] for travel to and from the Legislator’s home or temporary residence or for traveling to and from legislative committee and subcommittee meetings or hearings or for individual travel within the State which relates to legislative business.

     4.  Each [Senator, Assemblyman and Assemblywoman] Legislator is entitled to receive a per diem expense allowance, not to exceed the maximum rate established by the Federal Government for the Carson City area [, for] :

     (a) For each day that the Legislature is in regular or special session or in a presession orientation conference ; and [for]

     (b) For each day that the Legislator attends a meeting of a standing committee of which the Legislator is a member when the Legislature has adjourned for more than 4 days.

     5.  Each [Senator, Assemblyman and Assemblywoman] Legislator who maintains temporary quarters in or near Carson City for which the Legislator has entered into a lease or other agreement for continuous occupancy for the duration of a [legislative] regular or special session is entitled to receive a lodging allowance equal to that portion of the expense allowance which the Legislative Commission designates by rule as being allocated to lodging, for not more than 14 days in each period in which:

 


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     (a) The Legislature has adjourned until a time certain; and

     (b) The [Senator, Assemblyman or Assemblywoman] Legislator is not entitled to a per diem [expense] allowance pursuant to subsection 4.

     6.  In addition to the per diem [expense] allowance authorized by subsection 4 and the lodging allowance authorized by subsection 5, each [Senator, Assemblyman and Assemblywoman] Legislator who maintains temporary quarters in or near Carson City for which the Legislator has entered into a lease or other agreement for continuous occupancy for the duration of a [legislative] regular or special session is entitled to receive a lodging allowance equal to that portion of the expense allowance which the Legislative Commission designates by rule as being allocated to lodging, for not more than 17 days in each period in which:

     (a) The Legislature has adjourned for more than 4 days; and

     (b) The [Senator, Assemblyman or Assemblywoman] Legislator must obtain temporary lodging in a location that a standing committee of which the Legislator is a member is meeting.

     7.  Each [Senator, Assemblyman and Assemblywoman] Legislator is entitled to receive a lodging allowance equal to that portion of the expense allowance which the Legislative Commission designates by rule as being allocated to lodging, for not more than 6 days in each period in which:

     (a) The Legislature has adjourned for more than 4 days; and

     (b) The [Senator, Assemblyman or Assemblywoman] Legislator must obtain temporary lodging in a location that a standing committee of which the Legislator is a member is meeting,

Ê if the [Senator, Assemblyman or Assemblywoman] Legislator is not entitled to the per diem [expense] allowance authorized by subsection 4 or the lodging allowances authorized by subsections 5 and 6.

     8.  Each [Senator, Assemblyman and Assemblywoman] Legislator is entitled to receive a telephone allowance of [not] :

     (a) Not more than $2,800 for the payment of tolls and charges incurred by the Legislator in the performance of official business during each regular session ; [of the Legislature] and [not]

     (b) Not more than $300 during each special session . [of the Legislature.]

     9.  An employee of the Legislature assigned to serve a standing committee is entitled to receive the travel expenses and per diem allowance provided for state officers and employees generally if the employee is required to attend a hearing of the committee outside Carson City.

     10.  Claims for per diem expense allowances authorized by subsection 4 and lodging allowances authorized by subsections 5, 6 and 7 must be paid once each week during a [legislative] regular or special session and upon completion of a presession orientation conference.

     11.  A claim for travel expenses authorized by subsection 2 or 3 must not be paid unless the [Senator, Assemblyman or Assemblywoman] Legislator submits a signed statement affirming:

     (a) The date of the travel; and

     (b) The places of departure and arrival and, if the travel is by private conveyance, the actual miles traveled. If the travel is not by private conveyance, the claim must include a receipt or other evidence of the expenditure.

     12.  Travel expenses authorized by subsections 2 and 3 are limited to:

 


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     (a) If the travel is by private conveyance, a rate equal to the standard mileage reimbursement rate for which a deduction is allowed for the purposes of federal income tax. If two or more Legislators travel in the same private conveyance, the Legislator who provided or arranged for providing the transportation is presumed entitled to reimbursement.

     (b) If the travel is not by private conveyance, the actual amount expended.

Ê Transportation must be by the most economical means, considering total cost, time spent in transit and the availability of state-owned automobiles.

     Sec. 55.  NRS 218A.650 is hereby amended to read as follows:

     218A.650  1.  During a regular session , [of the Legislature,] any Legislator may apply for advance money for travel expenses, not to exceed in the aggregate the total amount of travel expenses to which the Legislator is entitled under NRS 218A.645 for a regular session, by filing a request with [the] :

     (a) The Majority Leader of the Senate if a [Senator,] member of the Senate; or [the]

     (b) The Speaker of the Assembly if [an Assemblywoman or Assemblyman.] a member of the Assembly.

     2.  The Majority Leader or the Speaker may disapprove a request for advance money for travel. If the Majority Leader or the Speaker approves the request, the Majority Leader or the Speaker shall forward a copy of the request and the approval to the Chief of the Administrative Division . [of the Legislative Counsel Bureau.]

     3.  Upon receiving a copy of the request and the approval from the Majority Leader or the Speaker, the Chief of the Administrative Division shall issue a check drawn upon the checking account of the Legislative Counsel Bureau maintained pursuant to NRS 218F.230 for the amount of the advance requested.

     Sec. 56.  NRS 218A.655 is hereby amended to read as follows:

     218A.655  1.  Except as otherwise provided in NRS 218A.645, each [Senator, Assemblyman and Assemblywoman] Legislator is entitled to receive an allowance for travel in the transaction of legislative business authorized by specific statute or the Legislative Commission, whether within or outside of the municipality or other area in which the Legislator’s principal office is located. Transportation must be by the most economical means, considering total cost, time spent in transit and the availability of state-owned automobiles. The allowance is:

     (a) If the travel is by private conveyance, the standard mileage reimbursement rate for which a deduction is allowed for the purposes of federal income tax.

     (b) If the travel is not by private conveyance, the actual amount expended.

     2.  Claims for expenses made pursuant to this section must be paid from the Legislative Fund unless otherwise provided by specific statute. A claim for travel expenses must not be paid unless the [Senator, Assemblyman or Assemblywoman] Legislator submits a signed statement affirming:

     (a) The date of travel; and

     (b) The places of departure and arrival and, if the travel is by private conveyance, the actual miles traveled. If the travel is not by private conveyance, the claim must include a receipt or other evidence of the expenditure.

 


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     Sec. 57.  NRS 218A.660 is hereby amended to read as follows:

     218A.660  1.  Except as otherwise provided in this section and NRS 218A.655, each [Senator, Assemblywoman and Assemblyman] Legislator is entitled to receive, during the legislative interim, an allowance for travel within the State to participate in a meeting of a legislative committee or subcommittee of which the Legislator is not a member or with an officer, employee, agency, board, bureau, commission, department, division, district or other unit of federal, state or local government or any other public entity regarding an issue relating to the State.

     2.  The allowance for travel payable pursuant to this section applies only to trips whose one-way distance is 50 miles or more or whose round-trip distance is 100 miles or more.

     3.  The maximum allowance for travel payable to each [Senator, Assemblywoman and Assemblyman] Legislator pursuant to this section during a legislative interim is $3,000, except that no allowance for travel pursuant to this section is payable to a [Senator, Assemblywoman or Assemblyman] Legislator for travel that occurs during the legislative interim at any time after the date on which the [Senator, Assemblywoman or Assemblyman] Legislator has filed a declaration or an acceptance of candidacy for an elective office and remains a candidate for that office.

     4.  Transportation must be by the most economical means, considering total cost and time spent in transit. The allowance is:

     (a) If the travel is by private conveyance, the standard mileage reimbursement rate for which a deduction is allowed for the purposes of federal income tax.

     (b) If the travel is not by private conveyance, the actual amount expended.

     5.  Claims made pursuant to this section must be paid from the Legislative Fund unless otherwise provided by specific statute. A claim must not be paid unless the [Senator, Assemblywoman or Assemblyman] Legislator submits a signed statement affirming:

     (a) The date of travel;

     (b) The purpose of the travel and of the participant’s attendance; and

     (c) The places of departure and arrival and, if the travel is by private conveyance, the actual miles traveled. If the travel is not by private conveyance, the claim must include a receipt or other evidence of the expenditure.

     Sec. 58.  NRS 218A.665 is hereby amended to read as follows:

     218A.665  1.  Each of the following officers of the Houses [of the Legislature] is entitled to an allowance of not more than $900 for each regular session and $64 for each special session for the payment of postage, telephone tolls and other communication charges incurred by the officer in the performance of the officer’s duties:

     (a) The President and President Pro Tempore of the Senate.

     (b) The Speaker and Speaker Pro Tempore of the Assembly.

     (c) The Majority Floor Leader and Minority Floor Leader of each House.

     (d) The chair of each standing committee of each House, except that any chair who would otherwise qualify for more than one allowance is entitled only to one allowance.

     2.  All allowances made pursuant to this section must be paid from the Legislative Fund.

 


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     Sec. 59.  NRS 218A.670 is hereby amended to read as follows:

     218A.670  1.  At each regular session , [of the Legislature,] each Legislator is entitled to receive at the expense of the Legislative Fund:

     (a) Not to exceed 2,000 letterheads, 8 1/2 inches x 11 inches, and 2,000 half size, or 4,000 of either variety;

     (b) Not to exceed 2,000 No. 10 envelopes and 2,000 No. 6 3/4 envelopes, or 4,000 of either variety; and

     (c) Not to exceed 2,000 business cards and 1,000 memorandum sheets, 500 each of the small and large type or 1,000 of either type.

     2.  Each female member of the Assembly is entitled to have the word “Assemblywoman” precede the inscription of her name on her official stationery and business cards.

     3.  All orders for the printing specified in subsection 1 must be placed by Legislators with the Director , [of the Legislative Counsel Bureau,] who shall approve those claims which comply with the provisions of this section and shall pay the claims from the Legislative Fund.

     4.  A Legislator may purchase official stationery, cards and other material appropriate to the Legislator’s official duties in excess of that specified in subsection 1 at the Legislator’s own expense and may purchase stationery, cards or other material for use after the Legislator leaves office if the stationery, cards or other material clearly identifies the person as a former Legislator or retired Legislator.

     Sec. 60.  NRS 218A.900 is hereby amended to read as follows:

     218A.900  1.  The Legislature finds as a fact that the complexities of contemporary civilization and government require the Legislature, in the discharge of its constitutional function, to delegate separately to [standing and special] committees and to the Legislative Commission the finding of essential facts and the preliminary consideration of legislation, and that these subordinate bodies are, therefore, an integral part of the Legislature.

     2.  As used in NRS [218A.905,] 218A.900 to 218A.940, inclusive, unless the context otherwise requires, “Legislature” means [the] :

     (a) The Legislature [of the State of Nevada,] or either House [thereof, any] ;

     (b) Any committee of either House [or] ;

     (c) Any joint committee [of the Legislature, or any] of both Houses; or

     (d) Any other committee or commission created or authorized by the Legislature to perform legislative functions at the direction of the Legislature.

Ê The term includes, without limitation, a subcommittee.

     Sec. 61.  NRS 218A.905 is hereby amended to read as follows:

     218A.905  [Every] A person who, without legal authority, willfully does any of the following acts, alone or in concert with another, interferes with the legislative process:

     1.  Prevents or attempts to prevent the Legislature from conducting meetings.

     2.  Disturbs, disrupts or interferes with, or attempts to disturb, disrupt or interfere with, a meeting of [the Legislature, any of its committees or any committee or commission created by the Legislature to perform legislative functions at the direction of] the Legislature.

     3.  Withholds, defaces, alters or destroys any official document or record of the Legislature, which conduct interferes with the functioning of the Legislature.

 


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     4.  Withholds, defaces, alters or destroys any property owned or used by the Legislature.

     5.  Remains in the legislative chamber, Legislative Building , [in Carson City,] or any part thereof, or any [room in which] other place where the Legislature is conducting its business, after being advised that the law or rule of the Legislature requires persons to leave after being asked to do so, and being asked to leave.

     6.  Prevents or attempts to prevent any [member of the Legislature,] Legislator or officer or employee [thereof,] of the Legislative Department from performing that person’s official duties.

     7.  Coerces or attempts to coerce any [member of the Legislature,] Legislator or officer or employee [thereof,] of the Legislative Department to perform any act under color of office, by any unlawful means, threats of violence, fraud or intimidation.

     8.  Possesses any firearm, explosive, dangerous device or deadly weapon in the Legislative Building or any other place where the Legislature is conducting its business.

     Sec. 62.  NRS 218A.910 is hereby amended to read as follows:

     218A.910  A person who interferes with the legislative process in the presence of either House [of the Legislature] may be summarily taken into custody by the Sergeant at Arms until:

     1.  A complaint has been filed and an arrest made by a peace officer for the violation of NRS 218A.915; or

     2.  A citation for contempt has been served pursuant to NRS 218A.925.

     Sec. 63.  NRS 218A.920 is hereby amended to read as follows:

     218A.920  1.  If the presiding officer of either House [of the Legislature] has reasonable grounds to believe that any person is interfering with the legislative process, or is about to do so, the presiding officer of either House on behalf of the Legislature may petition a court of competent jurisdiction for an order directing the person to cease and desist from such interference or restraining the person [or persons] from such interference in the future.

     2.  The petition [shall] must be verified and [shall] must set forth the facts upon which it is based. Either House may, by rule, empower the presiding officer [thereof] of the House to designate one or more members or officers of [such] the House to make the petition on behalf of the presiding officer. Any such designation [shall] must be filed with the clerk of [such] the House and, if a petition is made by any person named in [such] the designation, a copy of [such] the designation [shall] must be submitted to the court together with the petition.

     3.  If a court to which [such a] the petition is presented is satisfied that the petition sets forth a prima facie case for the granting of the relief requested and that irreparable damage may occur unless the relief is granted , the court may [forthwith] grant a temporary injunction granting the relief requested, in whole or in part, pending the ultimate determination of the matter after due notice and hearing. A copy of [such] the temporary order and of the petition upon which it is based, together with notice of the date and place of a hearing to be held [thereon, shall] on the matter, must be given to each such [persons] person within the time and in the manner as the court [shall direct.] directs.

 


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     4.  A temporary injunction and any preliminary or permanent injunction which [thereafter] may be granted on the petition following a hearing [thereon] on the matter is enforceable by contempt proceedings, or other enforcement proceedings, in the same manner as other orders of [such] the court.

     5.  Except as otherwise provided, all the provisions of law applicable to the granting of injunctive relief by the court to which a petition [hereunder] is presented apply to proceedings instituted under this section.

     Sec. 64.  NRS 218A.925 is hereby amended to read as follows:

     218A.925  1.  Either House [of the Legislature] may imprison for contempt any person who interferes with the legislative process while the Legislature is in a regular or special session. Such imprisonment [shall] must not extend beyond the final adjournment of the regular or special session.

     2.  If the contempt is committed before the House, any member of the House may offer a resolution that the alleged offender be cited for contempt. If the resolution is adopted [, a citation shall issue.] by the House, the House shall issue a citation.

     3.  If the contempt is committed before a committee of the House or a joint committee or commission which includes members of the House, during a [legislative] regular or special session, [a resolution to cite for contempt may be offered by] any member of the House who is a member of the committee or commission [,] may offer a resolution that the alleged offender be cited for contempt, but only if the resolution is first approved by a majority vote of the committee or commission. [A citation shall then issue if] If the resolution is adopted by the House [.] , the House shall issue a citation.

     4.  The citation [shall] must be served personally on each offender named in the resolution [, and shall] and must contain:

     (a) A statement of the terms or substance of the offense or offenses which caused the citation to be issued; and

     (b) A statement of the time and place of the hearing before the House.

     5.  The citation may be served by any peace officer or by the Sergeant at Arms or any regularly appointed [assistants of the] Assistant Sergeant at Arms [.] of the House.

     Sec. 65.  NRS 218A.930 is hereby amended to read as follows:

     218A.930  1.  The time and place stated in the citation for the hearing [shall allow] must afford the alleged offender a reasonable opportunity to prepare an appropriate defense.

     2.  The alleged offender is entitled at the hearing:

     (a) To the assistance of counsel.

     (b) To present witnesses and offer evidence on [his or her] the offender’s behalf.

     (c) To argue orally in person or by counsel, within such reasonable limits as may be imposed by the presiding officer of the House, and to submit written arguments.

     Sec. 66.  NRS 218A.935 is hereby amended to read as follows:

     218A.935  1.  If the House finds by resolution that the alleged offender [is found to be in contempt by a resolution of the House, a warrant] has in fact committed a contempt, the House shall issue [,] a warrant for the arrest of the offender.

 


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     2.  A warrant issued for the arrest of the offender pursuant to subsection 1 must:

     (a) Be signed by the presiding officer [, directing] ;

     (b) Be directed to the Sergeant at Arms or any regularly appointed Assistant Sergeant at Arms of the House or any [or a specified] peace officer [:

     (a) To] ; and

     (c) Order the Sergeant at Arms, Assistant Sergeant at Arms or peace officer to arrest the offender , if the offender is not already in custody [; and

     (b) To] , and deliver the offender to the Sheriff of Carson City or a designated county for [confinement.

     2.  The] imprisonment in the jail.

     3.  A copy of the warrant [shall] must be delivered with the offender to the designated sheriff [,] and [shall] must fix the term of imprisonment as:

     (a) The remaining duration of the [legislative] regular or special session; or

     (b) A specified term, unless the Legislature [sooner finally adjourns.] adjourns sine die before the completion of that term.

     Sec. 67.  NRS 218A.950 is hereby amended to read as follows:

     218A.950  1.  A person [who fraudulently alters] shall not fraudulently alter the draft of any [bill or resolution] legislative measure which has been presented for enactment or adoption to either House [of the Legislature,] with the intent to procure its enactment or adoption by either House in language different from that intended by the House . [,]

     2.  A person who violates any provision of this section is guilty of a category D felony and shall be punished as provided in NRS 193.130.

     Sec. 68.  NRS 218A.955 is hereby amended to read as follows:

     218A.955  1.  A person [who fraudulently alters] shall not fraudulently alter the enrolled copy of any [bill or resolution] legislative measure which has been passed or adopted by the Legislature [,] with the intent to procure it to be approved by the Governor, [or] certified by the Secretary of State [,] or printed or published by the State Printer in language different from that in which it was passed or adopted by the Legislature . [,]

     2.  A person who violates any provision of this section is guilty of a category D felony and shall be punished as provided in NRS 193.130.

     Sec. 69.  NRS 218A.960 is hereby amended to read as follows:

     218A.960  1.  A person [who gives, offers or promises,] shall not give, offer or promise, directly or indirectly, any compensation, gratuity or reward to a [member of the Legislature, or attempts,] Legislator, or attempt, directly or indirectly, by menace, deceit, suppression of truth or other corrupt means, to influence the [member] Legislator to give or withhold [his or her] the Legislator’s vote or to be absent from the House of which the Legislator is a member or from any committee [thereof,] of the Legislature.

     2.  A person who violates any provision of this section is guilty of a category C felony and shall be punished as provided in NRS 193.130.

     Sec. 70.  NRS 218A.965 is hereby amended to read as follows:

     218A.965  1.  A [member of either House of the Legislature of the State who asks or receives,] Legislator shall not ask for or receive, directly or indirectly, any compensation, gratuity or reward, or any promise thereof, upon an agreement or understanding that the Legislator’s official vote, opinion, judgment or action will be influenced thereby, or will be given in any particular manner, or upon any particular side of any question or matter upon which the Legislator may be required to act in the Legislator’s official capacity .

 


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opinion, judgment or action will be influenced thereby, or will be given in any particular manner, or upon any particular side of any question or matter upon which the Legislator may be required to act in the Legislator’s official capacity . [,]

     2.  A person who violates any provision of this section is guilty of a category C felony and shall be punished as provided in NRS 193.130.

     Sec. 71.  NRS 218A.970 is hereby amended to read as follows:

     218A.970  1.  Except as otherwise provided in subsection 2, [it is unlawful for any member of the Legislature to:] a Legislator shall not:

     (a) Become a named contractor or named subcontractor under any contract or order for supplies or any other kind of contract paid for in whole or in part by money appropriated by the Legislature of which that Legislator is a member for the State or any of its departments, or the Legislature or either [of its Houses,] House, or to be interested, directly or indirectly, as principal, in any kind of contract so paid.

     (b) Be interested in any contract made by the Legislature of which that Legislator is a member, or be a purchaser or interested in any purchase or sale made by the Legislature of which that Legislator is a member.

     2.  [Any member of the Legislature] A Legislator may:

     (a) Sell or enter into a contract to sell, to the State or any of its departments , any item, commodity, service or capital improvement [,] if:

           (1) The sources of supply for the item, commodity, service or capital improvement are limited;

           (2) The contracting process is controlled by rules of open competitive bidding;

           (3) The Legislator has not taken part in developing the plans or specifications for the sale or contract; and

           (4) The Legislator will not be personally involved in opening, considering or accepting any bids for the sale or contract.

     (b) If the Legislator is not named in a contract, receive, as direct salary or wages, compensation for which the original source was a legislative appropriation to any governmental entity or a private entity not owned or controlled by the Legislator.

     (c) Receive, for services as an instructor or teacher from any county school district or the Nevada System of Higher Education, compensation for which the original source was a legislative appropriation to any governmental entity or a private entity not owned or controlled by the Legislator.

     3.  Any contract made in violation of subsection 1 may be declared void at the instance of the State or of any other person interested in the contract except the [member of the Legislature] Legislator prohibited [in] by subsection 1 from making or being interested in the contract.

     4.  [Any person violating subsection 1] A person who violates any provision of this section is guilty of a gross misdemeanor and forfeits the person’s office.

     Sec. 72.  NRS 218A.975 is hereby amended to read as follows:

     218A.975  1.  After a person who is a Legislator leaves office and a successor has been elected or appointed, [it is unlawful for any Legislator to:] the person shall not:

 


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     (a) Use any official stationery or business card acquired pursuant to NRS 218A.670, unless the stationery or business card clearly identifies the person as a former Legislator or retired Legislator;

     (b) Maintain deliberately a listing in any directory, published after that date, which in any manner indicates that the person is presently a Legislator; or

     (c) Except as otherwise provided in a special act, use on the person’s vehicle a special legislative license plate furnished pursuant to NRS 482.374.

     2.  [Any] A person who violates any [of the provisions of subsection 1] provision of this section is guilty of a misdemeanor.

     Sec. 73.  NRS 218B.050 is hereby amended to read as follows:

     218B.050  “Census voting district” means the voting district:

     1.  Based on the geographic and population data bases compiled by the Bureau of the Census of the United States Department of Commerce as validated and incorporated into the geographic information system by the Legislative Counsel Bureau for use by the [Nevada] Legislature; and

     2.  Designated in the maps filed with the Office of the Secretary of State pursuant to NRS 218B.180.

     Sec. 74.  NRS 218B.100 is hereby amended to read as follows:

     218B.100  1.  The assembly districts described in NRS 218B.600 to 218B.805, inclusive, are hereby created.

     2.  The senatorial districts described in NRS 218B.300 to 218B.390, inclusive, are hereby created, and the numbers of Senators designated therein are apportioned to each respectively.

     3.  Each [Senator, Assemblywoman and Assemblyman] Legislator must be elected from within the district wherein [he or she] the Legislator resides by the registered voters residing in that district.

     Sec. 75.  NRS 218B.110 is hereby amended to read as follows:

     218B.110  1.  Each county clerk and the Carson City Clerk shall, before all elections and pursuant to NRS 293.205, establish the election precincts within the county and Carson City, respectively, in such manner that each election precinct for all elections at which any [Senator, Assemblyman or Assemblywoman] Legislator is to be elected, or nominated for election, is wholly within some one of the legislative districts.

     2.  The establishment of an election precinct for any such election which lies partly in two or more legislative districts is void.

     Sec. 76.  NRS 218B.150 is hereby amended to read as follows:

     218B.150  1.  If any area of this State is omitted from the provisions of this chapter inadvertently or by virtue of the complexities of the information supplied to the Legislature, the county clerk, the Carson City Clerk or the Director , [of the Legislative Counsel Bureau,] upon discovery of the omission, shall notify the Secretary of State of the omission. The Secretary of State shall attach that area to the appropriate assembly district or senatorial district as follows:

     (a) If the area is surrounded by an assembly district or senatorial district, the area must be attached to that district.

     (b) If the area is contiguous to two or more assembly districts or senatorial districts, the area must be attached to the district that has the least population.

     2.  Any attachments made pursuant to the provisions of this section must be certified in writing and filed with the Director [of the Legislative Counsel Bureau] and with the Secretary of State.

 


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Bureau] and with the Secretary of State. No change may be made in any attachments until the Legislature is again reapportioned.

     Sec. 77.  NRS 218B.180 is hereby amended to read as follows:

     218B.180  The Director [of the Legislative Counsel Bureau] shall:

     1.  Retain in an office of the Legislative Counsel Bureau, copies of maps of the legislative districts described in this chapter.

     2.  Make available copies of the maps to any interested person for a reasonable fee, not to exceed the actual costs of producing copies of the maps.

     3.  File a copy of the maps with the Secretary of State.

     Sec. 78.  NRS 218C.020 is hereby amended to read as follows:

     218C.020  As used in this chapter, unless the context otherwise requires, the words and terms defined in NRS 218C.040 [, 218C.060] and 218C.080 have the meanings ascribed to them in those sections.

     Sec. 79.  NRS 218C.190 is hereby amended to read as follows:

     218C.190  1.  At the commencement of each regular session , [of the Legislature] the Board shall submit a report of income and disbursements from the Legislators’ Retirement Fund for the preceding biennium to the Director , [of the Legislative Counsel Bureau,] who shall deliver a copy of the report to each Legislator.

     2.  The report [shall] must estimate the amount of an appropriation, if any, required for the payment of benefits in the succeeding biennium.

     Sec. 80.  NRS 218C.320 is hereby amended to read as follows:

     218C.320  1.  Except as otherwise provided in NRS 218C.330 or 286.385 or required as a result of NRS 218C.340, each Legislator must be a member of the Legislators’ Retirement System and shall make contributions to the Legislators’ Retirement Fund in the amounts and manner provided in this chapter.

     2.  Within 5 days after the commencement of each regular or special session , [of the Legislature,] each Legislator who is a member of the Legislators’ Retirement System and who has not previously filed a beneficiary designation form with the Board shall file with the Board, upon a form provided by the Board, the designation of a beneficiary who is entitled to receive the contributions of the Legislator in case of death before retirement or termination of services as a Legislator and subsequent withdrawal of contributions. If no beneficiary is designated, payment must be made to the estate of the deceased Legislator. Payment may be made directly to the designated beneficiary without probate or administration of the estate of the deceased Legislator.

     3.  A beneficiary may be changed at any time by written notice given by a Legislator to the Board on a form prescribed by the Board.

     Sec. 81.  NRS 218C.330 is hereby amended to read as follows:

     218C.330  1.  A Legislator may, within 30 days after the Legislator is first elected or appointed to office, elect not to participate as a member of the Legislators’ Retirement System by submitting a written notice [thereof] of the election not to participate to the Board and the Director . [of the Legislative Counsel Bureau.]

     2.  A Legislator may terminate the Legislator’s participation as a member of the System by sending written notice [thereof] of the termination of participation to the Board and the Director . [of the Legislative Counsel Bureau.]

 


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     3.  A Legislator who terminates [the Legislator’s] his or her participation as a member of the Legislators’ Retirement System is not eligible thereafter to participate as a member of the System.

     Sec. 82.  NRS 218C.360 is hereby amended to read as follows:

     218C.360  1.  A Legislator who rendered service as a Legislator prior to July 1, 1967, may receive credit for such service, if otherwise eligible, through transfer of payments for such service from the Public Employees’ Retirement System or by payment to the Legislators’ Retirement Fund of the amounts which would have been paid had the Legislators’ Retirement System been in operation at the time of such service.

     2.  [A] The Director shall make a similar payment [shall be made by the Director of the Legislative Counsel Bureau] from the Legislative Fund as the employer’s share.

     Sec. 83.  NRS 218C.370 is hereby amended to read as follows:

     218C.370  Except as otherwise required as a result of NRS 218C.340:

     1.  Any member of the Legislators’ Retirement System may purchase all previous creditable service performed in the Legislature if the service was performed before the creation of [this] the System. The Director [of the Legislative Counsel Bureau] must certify the inclusive dates of service of the Legislator to validate the service. The Legislator must pay the Board’s actuary for a computation of costs and pay the full cost as determined by the actuary.

     2.  Any Legislator who is a member of the Legislators’ Retirement System may purchase credit for any period of service for which contributions were not paid while the Legislator was receiving temporary total disability benefits for an industrial injury, if the injury was sustained in performance of the Legislator’s legislative duties for which contributions were required. The Legislator must pay the Board’s actuary for any necessary computation and must also pay the full actuarial costs determined by the actuary.

     3.  Any Legislator who has 5 years of contributing creditable service may purchase up to 5 years of out-of-state service performed with any federal, state, county or municipal public agency if that service is no longer creditable in another public retirement system. To validate such service, the Legislator must obtain a certification of the inclusive dates of previous service performed with the other public agency, together with certification from that agency that the Legislator’s credit is no longer creditable in another public retirement system. Upon application to retire, the Board shall determine whether the purchased service has been reestablished in any other public retirement system. The Legislator must pay the Board’s actuary for the computation and pay the full actuarial cost as determined by the actuary. For the purposes of this subsection, the Federal Old-Age and Survivor’s Insurance System is not a “public retirement system.”

     4.  Any Legislator who has at least 5 years of contributing creditable service may purchase not more than 5 years of military service regardless of when served if the service is no longer credited in the military retirement system. To validate military service, the Legislator must provide certification of the inclusive dates of active military service performed, pay the Board’s actuary for the computation and pay the full actuarial cost as determined by the actuary.

 


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     5.  Any contributing Legislator may purchase previous service performed for any public employer which is not already credited in the Legislators’ Retirement System, including service as an elected officer or a person appointed to an elective office for an unexpired term. The former public employer must certify the inclusive dates of employment and number of hours regularly worked by the Legislator to validate such service. The Legislator must pay the Board’s actuary for a computation of cost and pay the full cost as determined by the actuary.

     Sec. 84.  NRS 218C.390 is hereby amended to read as follows:

     218C.390  Except as otherwise provided in NRS 286.385, the Director [of the Legislative Counsel Bureau] shall:

     1.  Deduct from the compensation of each Legislator who is a member of the Legislators’ Retirement System an amount equal to 15 percent of the gross compensation earned as a Legislator and transmit that amount to the Board together with the necessary forms prescribed by the Board at intervals designated by the Board; and

     2.  Pay to the Board from the Legislative Fund an amount as the contribution of the State of Nevada as employer which is actuarially determined to be sufficient to provide the System with enough money to pay all benefits for which the System will be liable.

     Sec. 85.  NRS 218D.050 is hereby amended to read as follows:

     218D.050  1.  The Legislative Counsel and the Legal Division [of the Legislative Counsel Bureau] shall not prepare [and] or assist in the preparation [and amendment] of legislative measures [when requested or upon suggestion as provided in NRS 218D.050] for or during a regular session unless:

     (a) Authorized by NRS 218D.100 to 218D.215, inclusive [.] , another specific statute, a joint rule or a concurrent resolution; or

     (b) Directed by the Legislature or the Legislative Commission.

     2.  [Except as otherwise provided in NRS 218D.050 to 218D.215, inclusive, the Legislative Counsel and the Legal Division of the Legislative Counsel Bureau shall not prepare or assist in the preparation and amendment of legislative measures directly submitted or requested by a natural person, corporation, firm, association or other entity, including an organization that represents governmental agencies, unless the requester, or if the requester is a natural person the office or other position held by the person, is created by the Constitution or laws of this State.

     3.  The] The Legislative Counsel and the Legal Division shall not prepare or assist in the preparation of legislative measures for or during a special session unless:

     (a) Authorized by a joint rule or concurrent resolution; or

     (b) Directed by the Legislature or the Legislative Commission.

     3.  During a regular or special session, the Legislative Counsel and the Legal Division shall [give consideration to and service] provide the Legislature with legal, technical and other appropriate services concerning any legislative measure properly before the Legislature [which is requested by the Governor, the Senate or Assembly,] or any committee of the Legislature [having the measure before it] for consideration.

     Sec. 86.  NRS 218D.100 is hereby amended to read as follows:

     218D.100  1.  The provisions of NRS 218D.100 to 218D.215, inclusive, apply to requests for the drafting of legislative measures for a regular session.

 


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     2.  Except as otherwise provided by a specific statute, joint rule or concurrent resolution , [of the Legislature,] the Legislative Counsel shall not honor [:

     (a) The number of requests] a request for the drafting of a [bill or resolution for a regular session of the Legislature only as provided in NRS 218D.050] legislative measure if the request:

     (a) Exceeds the number of requests authorized by NRS 218D.100 to 218D.215, inclusive [.

     (b) A request for the drafting of a bill or resolution for any session of the Legislature which is] , for the requester; or

     (b) Is submitted by [a state agency, board or department, a local government, the judiciary or another] an authorized nonlegislative requester [only if the request] pursuant to NRS 218D.175 to 218D.215, inclusive, but is not in a subject related to the function of the requester.

     [2.] 3.  The Legislative Counsel shall not:

     (a) Assign a number to a request for the drafting of a [bill or resolution for any session of the Legislature] legislative measure to establish the priority of the request until sufficient detail has been received to allow complete drafting of the legislative measure.

     (b) Honor a request to change the subject matter of a request for the drafting of a [bill or resolution for any session of the Legislature] legislative measure after it has been submitted for drafting.

     (c) Honor a request for the drafting of a [bill or resolution for any session of the Legislature] legislative measure which has been combined in violation of Section 17 of Article 4 of the Nevada Constitution.

     Sec. 87.  NRS 218D.105 is hereby amended to read as follows:

     218D.105  1.  [Except as otherwise provided in subsections 2 and 5, the Legislative Counsel and the Legal Division of the Legislative Counsel Bureau shall not prepare or assist in the preparation of proposed legislation for any agency or officer of the Executive Branch of the State Government or for a county, school district or city before a regular session of the Legislature unless the request is approved by the Governor or a designated member of the Governor’s staff, or the governing body of the county, school district or city, and transmitted to the Legislative Counsel on or before September 1 preceding the convening of the session.

     2.  A request for proposed legislation may be submitted to the Legislative Counsel pursuant to subsection 3 of NRS 218D.175 by the Lieutenant Governor, Secretary of State, Attorney General, State Controller or State Treasurer without the approval of the Governor or a designated member of the Governor’s staff.

     3.  After November 1, preceding a legislative session, the Legislative Counsel and the Legal Division of the Legislative Counsel Bureau shall give full priority to the preparation of proposed legislation requested by members of the Legislature.

     4.  The Legislative Counsel and the Legal Division of the Legislative Counsel Bureau shall not prepare or assist in the preparation of any proposed legislation during any regular session of the Legislature except as authorized by statute or joint rule of the Legislature.

     5.  The] Upon a finding that exceptional circumstances so warrant, the Legislative Commission [,] when the Legislature is not in a regular session, or a standing committee which has jurisdiction of the subject matter when the Legislature is in a regular session, may [, if it finds that exceptional circumstances so warrant, authorize the drafting of legislation requested] grant a waiver to an authorized nonlegislative requester to submit a request for the drafting of a legislative measure after the time [limited by subsection 1 of this section and subsection 1 or 3 of] limits in NRS 218D.175 [.]

 


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circumstances so warrant, authorize the drafting of legislation requested] grant a waiver to an authorized nonlegislative requester to submit a request for the drafting of a legislative measure after the time [limited by subsection 1 of this section and subsection 1 or 3 of] limits in NRS 218D.175 [.] to 218D.215, inclusive.

     2.  The request for the waiver must be submitted in writing to the Legislative Commission or standing committee, as appropriate, explaining the exceptional circumstances.

     Sec. 88.  NRS 218D.110 is hereby amended to read as follows:

     218D.110  1.  [Upon request, within the limits established pursuant to NRS 218D.050 to 218D.215, inclusive, or by the Legislature by concurrent resolution, the] The Legislative Counsel shall assist [any Legislator] Legislators in the [preparation of bills and resolutions,] drafting of the legislative measures which they are authorized to request, including, without limitation, drafting them in proper form [,] and furnishing the [Legislator] Legislators with the fullest information upon all matters within the scope of the Legislative Counsel’s duties.

     2.  The Legislative Counsel shall, insofar as is possible, act upon all Legislators’ requests for the drafting of legislative measures in the order in which they are received.

     3.  To assure the greatest possible equity in the handling of such requests, drafting must proceed as follows:

     (a) If a Legislator so desires, the Legislator may designate a different priority for [his or her bills and resolutions] the Legislator’s requests which the Legislative Counsel shall observe, insofar as is possible.

     (b) The drafting of requests [for legislative measures] from chairs or members of standing committees or special committees [,] which are made on behalf of those committees [,] must not, except where urgency is recognized, take precedence over the priority established or designated for requests from individual [Legislators’ bills and resolutions.] Legislators.

     4.  After November 1 preceding a regular session, the Legislative Counsel shall give full priority to the drafting of requests from Legislators.

     Sec. 89.  NRS 218D.115 is hereby amended to read as follows:

     218D.115  1.  [Upon request made within the time allowed and limits established pursuant to NRS 218D.050 to 218D.215, inclusive, the] The Legislative Counsel shall [advise any agency or officer of the Executive Branch of the State Government, and any county, school district or city, as to the preparation of] assist authorized nonlegislative requesters in the drafting of the legislative measures [to be submitted to the Legislature.] which they are authorized to request pursuant to NRS 218D.175 to 218D.215, inclusive.

     2.  To ensure the greatest possible equity in the handling of such requests, drafting must proceed as follows:

     (a) Requests [for legislative measures] from each agency or officer of the Executive [Branch of the State Government] Department or from a county, school district or city must, insofar as is possible, be acted upon in the order in which they are received, unless a different priority is designated by the requester.

     (b) As soon as an agency or officer of the Executive [Branch of the State Government] Department has requested 10 legislative measures for [any] a regular session, the Legislative Counsel may request the agency or officer to designate the priority for each succeeding request.

 


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     [(c) Not later than 2 weeks before the commencement of a regular session of the Legislature, any county, school district or city which has requested the preparation of more than one legislative measure for that session shall submit to the Legislative Counsel a list which designates the order of priority for each request.

Ê]

     3.  The priority designated pursuant to this [subsection] section must guide the Legislative Counsel in acting upon the requests of the respective agencies and officers of the Executive [Branch of the State Government] Department and the counties, school districts and cities to ensure each agency and officer, and each county, school district and city, as nearly as is possible, an equal rank.

     Sec. 90.  NRS 218D.130 is hereby amended to read as follows:

     218D.130  1.  On July 1 preceding each regular session , [of the Legislature,] and each week thereafter until the adjournment of the Legislature sine die, the Legislative Counsel shall prepare a list of all requests received by the Legislative Counsel [,] for the [preparation] drafting of legislative measures [to be submitted to the Legislature.] for the regular session.

     2.  The Legislative Counsel Bureau shall make copies of the list available to the public for a reasonable sum fixed by the Director.

     3.  In preparing the list:

     (a) The requests must be listed numerically by a unique serial number which must be assigned to the legislative measures by the Legislative Counsel for the purposes of identification in the order that the Legislative Counsel received the requests.

     (b) Except as otherwise provided in [subsections 3 and 4,] this section, the list must only contain the name of each requester, the date and a brief summary of the request.

     [2.  The Legislative Counsel Bureau shall make copies of the list available to the public for a reasonable sum fixed by the Director of the Legislative Counsel Bureau.

     3.  In preparing the list, the Legislative Counsel shall, if a]

     (c) If a standing or special committee of the Legislature requests a legislative measure on behalf of a Legislator or organization, the list must include [the] :

           (1) The name of the standing or special committee ; and [the]

           (2) The name of the Legislator or organization on whose behalf the legislative measure was originally requested.

     4.  Upon the request of a Legislator who has requested the [preparation] drafting of a legislative measure, the Legislative Counsel shall add the name of one or more other Legislators from either or both Houses [of the Legislature] as joint requesters [.] of the legislative measure. The Legislative Counsel [shall] :

     (a) Shall not add the name of a joint requester to the list until the Legislative Counsel has received confirmation of the joint request from the primary requester of the legislative measure and from the Legislator to be added as a joint requester. [The Legislative Counsel shall]

     (b) Shall remove the name of a joint requester upon receipt of a request to do so made by the primary requester or the joint requester. [The]

 


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     (c) Shall cause the names [must] to appear on the list in the order in which the names were received by the Legislative Counsel beginning with the primary requester. [The Legislative Counsel shall]

     (d) Shall not act upon the direction of a joint requester to withdraw the requested legislative measure or modify its substance until the Legislative Counsel has received confirmation of the withdrawal or modification from the primary requester.

     5.  If the primary requester of a legislative measure will not be returning to the Legislature for the [legislative] regular session in which the legislative measure is to be considered [, the] :

     (a) The primary requester may authorize a Legislator who will be serving during that regular session to become the primary sponsor of the legislative measure, either individually or as the chair on behalf of a standing committee. [If the]

     (b) A Legislator who [will be serving during that session] agrees to become or have the committee become the primary sponsor of the legislative measure [, that Legislator] shall notify the Legislative Counsel of that fact.

     (c) Upon receipt of such notification, the Legislative Counsel shall list the name of that Legislator or the name of the committee as the primary requester of the legislative measure on the list.

     6.  For the purposes of all limitations on the number of legislative measures that may be requested by a Legislator, a legislative measure with joint requesters must only be counted as a request of the primary requester.

     Sec. 91.  NRS 218D.135 is hereby amended to read as follows:

     218D.135  1.  If a Legislator asks whether a request for [proposed legislation] a legislative measure relating to a specific topic has been submitted to the Legislative Counsel for [preparation,] a regular session, the Legislative Counsel shall disclose to that Legislator whether such a request has been submitted.

     2.  Upon receipt of a request for the [preparation] drafting of a legislative measure [to be submitted to the Legislature] which duplicates or closely resembles a request previously submitted for the same [legislative] regular session, the Legislative Counsel shall, to the extent practicable, notify the Legislator or other requester submitting the duplicative request of that fact and, except as otherwise provided in this subsection, ask the Legislator or other requester to withdraw the request. If the request is not withdrawn, the Legislative Counsel shall inform the previous requester of the fact that a duplicative request has been made. If the request is submitted by a Legislator on the Legislator’s own behalf, and the previous request was submitted by a Legislator who is a member of the other House , [of the Legislature,] the Legislative Counsel shall inform the second requester of the fact that the request is duplicative.

     Sec. 92.  NRS 218D.150 is hereby amended to read as follows:

     218D.150  1.  Each:

     (a) Incumbent member of the Assembly may request the drafting of not more than 6 legislative measures submitted to the Legislative Counsel on or before September 1 preceding [the commencement of] a regular session [of the Legislature] and not more than 5 legislative measures submitted to the Legislative Counsel after September 1 but on or before December 15 preceding [the commencement of] a regular session . [of the Legislature.]

 


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     (b) Incumbent member of the Senate may request the drafting of not more than 12 legislative measures submitted to the Legislative Counsel on or before September 1 preceding [the commencement of] a regular session [of the Legislature] and not more than 10 legislative measures submitted to the Legislative Counsel after September 1 but on or before December 15 preceding [the commencement of] a regular session . [of the Legislature.]

     (c) Newly elected member of the Assembly may request the drafting of not more than 5 legislative measures submitted to the Legislative Counsel on or before December 15 preceding [the commencement of] a regular session . [of the Legislature.]

     (d) Newly elected member of the Senate may request the drafting of not more than 10 legislative measures submitted to the Legislative Counsel on or before December 15 preceding [the commencement of] a regular session . [of the Legislature.]

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

     (a) The chair of each standing committee of the immediately preceding regular [legislative] session, or a person designated in the place of the chair by the Speaker of the Assembly or the Majority Leader of the Senate, [as the case may be,] may request before the date of the general election preceding [the commencement of] the next regular [legislative] session the drafting of not more than 1 legislative measure for introduction by the committee in a subject within the jurisdiction of the committee for every 15 legislative measures that were referred to the respective standing committee during the immediately preceding regular [legislative] session.

     (b) A person designated after a general election as a chair of a standing committee for the next regular [legislative] session, or a person designated in the place of a chair by the person designated as the Speaker of the Assembly or the Majority Leader of the Senate for the next regular [legislative] session, may request on or before December 15 preceding [the commencement of the next regular legislative] that regular session the drafting of the remaining number of the legislative measures allowed for the respective standing committee that were not requested by the previous chair or designee.

     3.  Each request made pursuant to this section must be on a form prescribed by the Legislative Counsel.

     Sec. 93.  NRS 218D.155 is hereby amended to read as follows:

     218D.155  1.  In addition to the number authorized pursuant to NRS 218D.150:

     (a) The Speaker of the Assembly and the Majority Leader of the Senate may each request before the date of the general election preceding [the commencement of] the next regular [legislative] session, without limitation, the drafting of not more than 15 legislative measures for that regular session.

     (b) The Minority Leader of the Assembly and the Minority Leader of the Senate may each request before the date of the general election preceding [the commencement of] the next regular [legislative] session, without limitation, the drafting of not more than 10 legislative measures for that regular session.

     (c) A person designated after a general election as the Speaker of the Assembly, the Majority Leader of the Senate, the Minority Leader of the Assembly or the Minority Leader of the Senate for the next regular [legislative] session may request before the [commencement of the next regular legislative] first day of that regular session the drafting of the remaining number of the legislative measures allowed for the respective officer that were not requested by the previous officer.

 


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remaining number of the legislative measures allowed for the respective officer that were not requested by the previous officer.

     2.  The Legislative Counsel, the Secretary of the Senate and the Chief Clerk of the Assembly may request before or during a regular [legislative] session, without limitation, the drafting of as many legislative measures as are necessary or convenient for the proper exercise of their duties.

     Sec. 94.  NRS 218D.160 is hereby amended to read as follows:

     218D.160  1.  The Chair of the Legislative Commission may request the drafting of not more than 15 legislative measures before [the commencement of] the first day of a regular [legislative] session, with the approval of the Legislative Commission, which relate to the affairs of the Legislature or its employees, including legislative measures requested by the legislative staff.

     2.  The Chair of the Interim Finance Committee may request the drafting of not more than 10 legislative measures before [the commencement of a regular legislative] the first day of a regular session, with the approval of the Committee, which relate to matters within the scope of the Committee.

     3.  Except as otherwise provided by a specific statute , joint rule or concurrent resolution : [of the Legislature:]

     (a) Any [other] legislative committee created by a statute , other than an interim legislative committee, may request the drafting of not more than 10 legislative measures which relate to matters within the scope of the committee.

     (b) [An interim committee which conducts a study or investigation] Any committee or subcommittee established by an order of the Legislative Commission pursuant to NRS 218E.200 may request the drafting of not more than 5 legislative measures which relate to matters within the scope of the study or investigation, except that such a committee or subcommittee may request the drafting of additional legislative measures if the Legislative Commission approves each additional request by a majority vote.

     (c) Any other committee established by the Legislature which conducts an interim legislative study or investigation may request the drafting of not more than 5 legislative measures which relate to matters within the scope of the study [.] or investigation.

Ê [Except as otherwise provided in NRS 218E.205, measures] The requests authorized [to be requested] pursuant to this subsection must be submitted to the Legislative Counsel on or before September 1 preceding [the commencement of] a regular session [of the Legislature] unless the Legislative Commission authorizes submitting a request after that date.

     4.  Each request made pursuant to this section must be on a form prescribed by the Legislative Counsel.

     Sec. 95.  NRS 218D.175 is hereby amended to read as follows:

     218D.175  1.  [The] For a regular session, the Governor or the Governor’s designated representative may [transmit to the Legislative Counsel on or before September 1 preceding a regular legislative session] request the drafting of not more than 100 [requests for the drafting of] legislative measures which have been approved by the Governor or the Governor’s designated representative on behalf of [state] the officers, agencies, boards [and] , commissions, departments and other units of the Executive [Branch of the State Government pursuant to subsection 1 of NRS 218D.105.]

 


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Executive [Branch of the State Government pursuant to subsection 1 of NRS 218D.105.] Department. The requests must be submitted to the Legislative Counsel on or before September 1 preceding the regular session.

     2.  The Department of Administration may request on or before the 19th day of [the legislative] a regular session, without limitation, the drafting of as many legislative measures as are necessary to implement the budget proposed by the Governor and to provide for the fiscal management of the State. In addition to the requests otherwise authorized pursuant to this section, the Governor may request the drafting of not more than 5 legislative measures on or before the 19th day of [the legislative] a regular session to propose the Governor’s legislative agenda.

     3.  [The] For a regular session, the following constitutional officers may request , without the approval of the Governor or the Governor’s designated representative, the drafting of not more than the following numbers of legislative measures , which must be submitted to the Legislative Counsel on or before September 1 preceding [a regular legislative] the regular session:

 

Lieutenant Governor.............................................................................................................................. 1

Secretary of State................................................................................................................................... 5

State Treasurer........................................................................................................................................ 2

State Controller....................................................................................................................................... 2

Attorney General.................................................................................................................................. 15

 

     4.  Each request made pursuant to this section must be on a form prescribed by the Legislative Counsel. The legislative measures requested pursuant to subsections 1 and 3 must be prefiled on or before December 15 preceding the regular session. A legislative measure that is not prefiled on or before that date shall be deemed withdrawn.

     Sec. 96.  NRS 218D.190 is hereby amended to read as follows:

     218D.190  1.  [The Legislative Counsel and the Legal Division of the Legislative Counsel Bureau shall prepare and assist in the preparation of legislative measures at the request of] For a regular session, the Supreme Court [if the] may request the drafting of not more than 10 legislative measures [are transmitted] which have been approved by the Supreme Court on behalf of the Judicial Department. The requests must be submitted to the Legislative Counsel on or before September 1 preceding the [commencement of the next] regular session . [of the Legislature. The Supreme Court may transmit to the Legislative Counsel pursuant to this section not more than 10 legislative measures on behalf of the Supreme Court.

     2.  Every requested legislative measure must set forth the substance of the provisions desired or which may be needed with the reasons therefor.

     3.] 2.  Each request made pursuant to this section must be on a form prescribed by the Legislative Counsel. The legislative measures requested pursuant to this section must be prefiled on or before December 15 preceding the regular session. A legislative measure that is not prefiled on or before that date shall be deemed withdrawn.

     Sec. 97.  NRS 218D.205 is hereby amended to read as follows:

     218D.205  1.  [Except as otherwise provided in subsections 3, 4 and 5,] For a regular session, each board of county commissioners, board of trustees of a school district and city council may request the [Legislative Counsel and the Legal Division of the Legislative Counsel Bureau to prepare any legislative measure which has been approved] drafting of not more than the numbers of legislative measures set forth in this section if the requests are:

 


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Counsel and the Legal Division of the Legislative Counsel Bureau to prepare any legislative measure which has been approved] drafting of not more than the numbers of legislative measures set forth in this section if the requests are:

     (a) Approved by the governing body of the county, school district or city at a public hearing before [its] their submission to the Legislative Counsel [Bureau.] ; and

     (b) Submitted to the Legislative Counsel on or before September 1 preceding the regular session.

     2.  The Legislative Counsel shall notify the requesting county, school district or city if its request substantially duplicates a request previously submitted by another county, school district or city.

     3.  The board of county commissioners of a county whose population:

     (a) Is 400,000 or more [shall not] may request the [preparation] drafting of not more than 4 legislative measures [pursuant to subsection 1] for a regular [legislative] session.

     (b) Is 100,000 or more but less than 400,000 [shall not] may request the [preparation] drafting of not more than 2 legislative measures [pursuant to subsection 1] for a regular [legislative] session.

     (c) Is less than 100,000 [shall not] may request the [preparation] drafting of not more than 1 legislative measure [pursuant to subsection 1] for a regular [legislative] session.

     4.  The board of trustees of a school district in a county whose population:

     (a) Is 400,000 or more [shall not] may request the [preparation] drafting of not more than 2 legislative measures [pursuant to subsection 1] for a regular [legislative] session.

     (b) Is less than 400,000 [shall not] may request the [preparation] drafting of not more than 1 legislative measure [pursuant to subsection 1] for a regular [legislative] session.

     5.  The city council of a city whose population:

     (a) Is 100,000 or more [shall not] may request the [preparation] drafting of not more than 3 legislative measures [pursuant to subsection 1] for a regular [legislative] session.

     (b) Is less than 100,000 [shall not] may request the [preparation] drafting of not more than 1 legislative measure [pursuant to subsection 1] for a regular [legislative] session.

     6.  Each request made pursuant to this section must be on a form prescribed by the Legislative Counsel. The legislative measures requested pursuant to this section must be prefiled on or before December 15 preceding the regular session. A legislative measure that is not prefiled on or before that date shall be deemed withdrawn.

     7.  As used in this section, “population” means the current population estimate for that city or county as determined and published by the Department of Taxation and the demographer employed pursuant to NRS 360.283.

     Sec. 98.  NRS 218D.210 is hereby amended to read as follows:

     218D.210  1.  [An] For a regular session, an association of counties or cities may [directly request the Legislative Counsel and the Legal Division of the Legislative Counsel Bureau to prepare no] request the drafting of not more than 5 legislative measures . [for a regular legislative session.

 


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     2.  A request for the drafting of a legislative measure pursuant to this section] The requests must be submitted to the Legislative Counsel on or before September 1 preceding the [commencement of a] regular session . [of the Legislature.

     3.] 2.  Each request made pursuant to this section must be on a form prescribed by the Legislative Counsel. The legislative measures requested pursuant to this section must be prefiled on or before December 15 preceding the regular session. A legislative measure that is not prefiled on or before that date shall be deemed withdrawn.

     Sec. 99.  NRS 218D.215 is hereby amended to read as follows:

     218D.215  1.  [Each] For a regular session, each mental health consortium established pursuant to NRS 433B.333 may [directly request the Legislative Counsel and the Legal Division of the Legislative Counsel Bureau to prepare] request the drafting of not more than [one] 1 legislative measure . [for a regular legislative session.

     2.  A request for the drafting of a legislative measure pursuant to this section] The request must be submitted to the Legislative Counsel on or before September 1 preceding the [commencement of a] regular session . [of the Legislature.

     3.] 2.  Each request made pursuant to this section must be on a form prescribed by the Legislative Counsel. The legislative measures requested pursuant to this section must be prefiled on or before December 15 preceding the regular session. A legislative measure that is not prefiled on or before that date shall be deemed withdrawn.

     Sec. 100.  NRS 218D.250 is hereby amended to read as follows:

     218D.250  If a standing or special committee of the Legislature requests the [preparation] drafting of a legislative measure on behalf of a Legislator or an organization, the legislative measure must indicate the name of the standing or special committee and the Legislator or organization on whose behalf the legislative measure was originally requested.

     Sec. 101.  NRS 218D.270 is hereby amended to read as follows:

     218D.270  If any provision contained in a legislative measure will have the effect of requiring one or more local governments to establish, provide or increase a program or service which is estimated to cost in excess of $5,000 per local government and a specified source for the additional revenue to pay the expense is not authorized by a specific statute, the face of the legislative measure must indicate:

     1.  That the legislative measure contains an unfunded mandate; and

     2.  Whether the legislative measure was requested by or on behalf of one or more of the local governments that will be required by the legislative measure to establish, provide or increase the program or service.

     Sec. 102.  NRS 218D.310 is hereby amended to read as follows:

     218D.310  1.  Before a legal description of land is submitted to the Legislature or the Legislative Counsel Bureau by any state agency or department in connection with a proposed legislative measure for the acquisition or disposition of state lands, the State Land Registrar shall attach a certificate verifying the completeness and accuracy of the description.

     2.  The certificate [shall] must include the statement, “The attached or foregoing description has been verified as being a complete and accurate legal description of the land involved in the proposed transaction.” The certificate [shall] must be signed by the person who actually examined and verified the description as well as by the Administrator [.]

 


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verified the description as well as by the Administrator [.] of the Division of State Lands of the State Department of Conservation and Natural Resources.

     3.  The Legislative Counsel shall note in the summary of the [bill] legislative measure that the description is verified or report this fact specially to the Legislative Commission.

     Sec. 103.  NRS 218D.330 is hereby amended to read as follows:

     218D.330  [Every]

     1.  Each law and joint resolution passed by the Legislature becomes effective on October 1 following its passage, unless the law or joint resolution specifically prescribes a different effective date.

     2.  Each law and joint resolution passed by the Legislature which expires by limitation on a specific date remains effective until the last moment of the day on which it expires by limitation, unless the law or joint resolution specifically provides otherwise.

     Sec. 104.  NRS 218D.355 is hereby amended to read as follows:

     218D.355  1.  Any state legislation enacted on or after July 1, 2009, which authorizes or requires the Commission on Economic Development to approve any abatement of taxes or increases the amount of any abatement of taxes which the Commission is authorized or required to approve:

     (a) Expires by limitation 10 years after the effective date of that legislation.

     (b) Does not apply to:

           (1) Any taxes imposed pursuant to NRS 374.110 or 374.190; or

           (2) Any entity that receives:

                (I) Any funding from a governmental entity, other than any private activity bonds as defined in 26 U.S.C. § 141; or

                (II) Any real or personal property from a governmental entity at no cost or at a reduced cost.

     (c) Requires each recipient of the abatement to submit to the Department of Taxation, on or before the last day of each even-numbered year, a report on whether the recipient is in compliance with the terms of the abatement. The Department of Taxation shall establish a form for the report and may adopt such regulations as it determines to be appropriate to carry out this paragraph. The report must include, without limitation:

           (1) The date the recipient commenced operation in this State;

           (2) The number of employees actually employed by the recipient and the average hourly wage of those employees;

           (3) An accounting of any fees paid by the recipient to the State and to local governmental entities;

           (4) An accounting of the property taxes paid by the recipient and the amount of those taxes that would have been due if not for the abatement;

           (5) An accounting of the sales and use taxes paid by the recipient and the amount of those taxes that would have been due if not for the abatement;

           (6) An accounting of the total capital investment made in connection with the project to which the abatement applies; and

           (7) An accounting of the total investment in personal property made in connection with the project to which the abatement applies.

     2.  On or before January 15 of each odd-numbered year, the Department of Taxation shall:

 


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     (a) Based upon the information submitted to the Department of Taxation pursuant to paragraph (c) of subsection 1, prepare a written report of its findings regarding whether the costs of the abatement exceed the benefits of the abatement; and

     (b) Submit the report to the Director [of the Legislative Counsel Bureau] for transmittal to the Legislature.

     Sec. 105.  NRS 218D.430 is hereby amended to read as follows:

     218D.430  1.  Except as otherwise provided in subsection 4, the Fiscal Analysis Division shall obtain a fiscal note on:

     (a) Any bill or joint resolution which creates or increases any fiscal liability or decreases any revenue which appears to be in excess of $2,000; and

     (b) Any bill or joint resolution which increases or newly provides for a term of imprisonment in the state prison or makes release on parole or probation from the state prison less likely,

Ê before a vote is taken on such a bill or joint resolution by a committee of the Assembly or the Senate.

     2.  The fiscal note must contain a reliable estimate of the anticipated change in appropriation authority, fiscal liability or state revenue under the bill or joint resolution, including, to the extent possible, a projection of such changes in future biennia.

     3.  Except as otherwise provided in NRS 218D.400 to 218D.495, inclusive, or [in the Joint Rules of the Senate and Assembly,] a joint rule, the estimates must be made by the affected agency or agencies.

     4.  The fiscal note is not required on any bill or joint resolution relating exclusively to the proposed executive budget.

     Sec. 106.  NRS 218D.475 is hereby amended to read as follows:

     218D.475  1.  Whenever a bill or joint resolution is submitted to an agency for a fiscal note, the agency shall prepare the fiscal note and return it to the Fiscal Analysis Division within 5 working days. The Fiscal Analysis Division may extend the period for not more than 10 additional working days if the matter requires extended research.

     2.  Whenever a bill or joint resolution is submitted to a local government for a fiscal note, the local government shall:

     (a) Review the provisions of the bill or joint resolution to determine whether the bill or joint resolution reduces the revenues or increases the expenditures of the local government; and

     (b) If the local government determines that the bill or joint resolution reduces the revenues or increases the expenditures of the local government, prepare a fiscal note for that bill or joint resolution and return it to the Fiscal Analysis Division within 8 working days.

     Sec. 107.  NRS 218D.480 is hereby amended to read as follows:

     218D.480  1.  As soon as practicable after a fiscal note is received from an agency, the Fiscal Analysis Division shall send a copy of the fiscal note to the chair of the standing committee or committees to which the bill or joint resolution has been referred. The Fiscal Analysis Division shall retain the original fiscal note.

     2.  Upon expiration of the period prescribed in paragraph (b) of subsection 2 of NRS 218D.475, the Fiscal Analysis Division shall prepare a single consolidated fiscal note into which any information submitted by a local government regarding a bill or joint resolution must be incorporated.

 


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local government regarding a bill or joint resolution must be incorporated. If, upon the expiration of that period, the Fiscal Analysis Division determines that no local governments have submitted information regarding the fiscal impact of a bill or joint resolution, the Fiscal Analysis Division shall prepare a fiscal note indicating that local governments have reported no decreases in revenues or increases in expenditures resulting from the bill or joint resolution. The Fiscal Analysis Division shall send to the chair of the standing committee or committees to which the bill or joint resolution has been referred a copy of a fiscal note prepared pursuant to this subsection. The Fiscal Analysis Division shall retain the original fiscal note and any fiscal notes submitted by local governments for the bill or joint resolution.

     3.  If a local government wishes to submit a fiscal note for a bill or joint resolution after the expiration of the period prescribed in paragraph (b) of subsection 2 of NRS 218D.475, the local government must submit the fiscal note to the chair of the committee or committees to which the bill or joint resolution has been referred, and a copy of the fiscal note to the Fiscal Analysis Division. The Fiscal Analysis Division shall retain the copy of the fiscal note provided by the local government.

     Sec. 108.  NRS 218D.495 is hereby amended to read as follows:

     218D.495  1.  Agencies and local governments may use the bills and joint resolutions submitted to them pursuant to NRS 218D.400 to 218D.495, inclusive, for official purposes only.

     2.  A person shall not copy or otherwise disseminate information concerning any bill or joint resolution which has been submitted to the person [which has not been] pursuant to NRS 218D.400 to 218D.495, inclusive, unless:

     (a) The bill or joint resolution has been prefiled pursuant to NRS 218D.580, introduced in the Legislature [without] or otherwise lawfully released to the public; or

     (b) The person has obtained the consent of the requester.

     3.  [Any] A person who knowingly disseminates information in violation of this section is guilty of a misdemeanor.

     Sec. 109.  NRS 218D.550 is hereby amended to read as follows:

     218D.550  1.  Before introduction, each bill [shall] must be delivered to the Legislative Counsel for the purpose of determining if the bill is in the proper form as prescribed by law or rule of the Houses. The Legislative Counsel [shall have authority] is authorized to correct any clerical error such as orthography, adding or correcting the enacting clause, mistakes in numbering sections and references thereto, and in any other particular wherein the bill does not comply in form with law or rule of the Houses.

     2.  If, in the opinion of the Legislative Counsel, any correction made by the Legislative Counsel [or the Legal Division of the Legislative Counsel Bureau] under the authority of this section should in any manner be construed to be a change in the bill other than a change in form, the Legislative Counsel shall obtain the consent of the author of the bill before making such change.

     Sec. 110.  NRS 218D.555 is hereby amended to read as follows:

     218D.555  1.  The Legislative Counsel shall print [as many] copies of [every bill, resolution or] each legislative measure and each fiscal note prepared for [any bill introduced in either House of the Legislature as are] a legislative measure in the quantity authorized by the Secretary of the Senate and the Chief Clerk of the Assembly.

 


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     2.  In printing [bills and resolutions,] each legislative measure, the Legislative Counsel is authorized:

     (a) To set the style and form of the printing.

     (b) To correct all errors in spelling or punctuation in the copy furnished to the Legislative Counsel.

     (c) To supply the enacting clause if omitted.

     3.  [No change may be made] The Legislative Counsel is not authorized to make any change which in any way varies the apparent meaning of [a bill or resolution.] the legislative measure.

     Sec. 111.  NRS 218D.575 is hereby amended to read as follows:

     218D.575  1.  [Any] A Legislator who will be a member of the next [succeeding] regular session [of the Legislature] may request the Legislative Counsel to prefile any [legislative] bill or joint resolution that was requested by that Legislator for introduction in the next [succeeding] regular session . [of the Legislature.]

     2.  A [person] Legislator designated as a chair of a standing committee for the next [succeeding] regular session [of the Legislature] may request the Legislative Counsel to prefile on behalf of the committee any [legislative] bill or joint resolution within the jurisdiction of the committee for introduction in the next [succeeding] regular session . [of the Legislature.]

     3.  [Measures] The bills and joint resolutions submitted for prefiling pursuant to NRS 218D.175 to 218D.215, inclusive, must be [randomly] :

     (a) Randomly divided in equal amounts between the Senate and the Assembly and prefiled on behalf of the appropriate standing committee.

     [4.  Such bills and joint resolutions must be in such]

     (b) Prepared in final and correct form for introduction in the Legislature as required by the Nevada Constitution and this chapter.

     [5.] 4.  The Legislative Counsel shall not prefile a bill or joint resolution requested by:

     (a) A [member of the Legislature] Legislator who is not a candidate for reelection until after the general election immediately preceding the regular session . [of the Legislature.]

     (b) A [member of the Legislature] Legislator who is elected or reelected to legislative office at the general election immediately preceding the regular session [of the Legislature] until the [member] Legislator is determined to have received the highest number of votes pursuant to the canvass of votes required by NRS 293.395.

     Sec. 112.  NRS 218D.580 is hereby amended to read as follows:

     218D.580  1.  The Legislative Counsel shall, upon receipt of requests for prefiling bills and joint resolutions [,] for introduction in the next regular session, transmit those bills and joint resolutions that may be prefiled to the Secretary of the Senate or the Chief Clerk of the Assembly, as appropriate. The Secretary or Chief Clerk shall number the prefiled bills and joint resolutions consecutively in the same manner as during regular sessions [of the Legislature] and is responsible for the safekeeping of such prefiled bills and joint resolutions.

     2.  After a prefiled bill or joint resolution has been properly numbered, the Legislative Counsel shall cause the prefiled bill or joint resolution to be printed in the same manner as during regular sessions . [of the Legislature.] The prefiled bill or joint resolution must contain:

 


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ê2011 Statutes of Nevada, Page 3198 (Chapter 498, AB 576)ê

 

     (a) The name of the introducer;

     (b) The date on which it was prefiled;

     (c) If it was not requested by a [member of the Legislature,] Legislator, the name of the entity that requested the preparation of the prefiled bill or joint resolution; and

     (d) The standing committee of the Senate or the Assembly to which the prefiled bill or joint resolution is proposed to be referred.

     3.  The number of copies to be printed must be determined by the Legislative Counsel, and the expenses of printing and mailing must be paid from the Legislative Fund.

     4.  The Legislative Counsel shall release copies of a prefiled bill or joint resolution to the public.

     Sec. 113.  NRS 218D.585 is hereby amended to read as follows:

     218D.585  Upon the convening of the next [succeeding] regular session , [of the Legislature,] all prefiled bills and joint resolutions must be introduced and referred to a standing committee in the order in which they are numbered.

     Sec. 114.  NRS 218D.600 is hereby amended to read as follows:

     218D.600  1.  [All bills and resolutions] Each bill and resolution must be introduced in duplicate and one copy of each bill [or] and resolution must be marked “original” and one must be marked “duplicate.”

     2.  The copy marked “duplicate” must be referred to the Legislative Counsel for photocomposition and filing.

     Sec. 115.  NRS 218D.605 is hereby amended to read as follows:

     218D.605  1.  Upon receipt of the printed copies of each bill and resolution, the Legislative Counsel shall cause one copy to be designated as the original and bound in a cover, which copy must be delivered to the Secretary of the Senate or to the Chief Clerk of the Assembly.

     2.  The Legislative Counsel shall [determine] :

     (a) Determine an appropriate method for designating the original [bills and resolutions] of each bill and resolution to ensure that the authenticity of the original is preserved ; and [shall notify]

     (b) Notify the Secretary of the Senate, the Chief Clerk of the Assembly and the Secretary of State of the method selected.

     Sec. 116.  NRS 218D.610 is hereby amended to read as follows:

     218D.610  1.  [All bills and resolutions of both Houses] Each bill and resolution designated for reprinting, engrossment, reengrossment and enrollment [shall] must be routed directly through the Office of the Legislative Counsel.

     2.  As directed by the Secretary of the Senate and the Chief Clerk of the Assembly, the Legislative Counsel shall immediately insert all [bill and resolution amendments adopted] amendments made to a bill or resolution by the respective Houses preparatory to reprinting, engrossment, reengrossment and enrollment.

     Sec. 117.  NRS 218D.615 is hereby amended to read as follows:

     218D.615  1.  [Whenever] When a bill or resolution which [shall have been] has passed in one House [shall be] is amended in the other, it [shall] must immediately be reprinted as amended by the House making [such] the amendment . [or amendments.]

 


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     2.  [Such amendment or amendments shall] The amendment:

     (a) Must be attached to the bill or resolution so amended and endorsed “adopted” ; and [such amendment or amendments, if]

     (b) If concurred in by the House in which [such] the bill or resolution originated, [shall] must be endorsed “concurred [in” and such] in.”

     3.  Each endorsement [shall] must be signed by the Secretary of the Senate or [by the] Chief Clerk of the Assembly, [as the case may be.] or an authorized assistant.

     Sec. 118.  NRS 218D.630 is hereby amended to read as follows:

     218D.630  1.  When [any] a bill or resolution is passed by both Houses, the Secretary of the Senate or the Chief Clerk of the Assembly shall transmit the [same] bill or resolution to the Legislative Counsel to be enrolled [, and shall] and take a receipt therefor. The receipt [shall] must bear the date of delivery and [shall] give the bill or resolution number.

     2.  The fact that the bill or resolution was received by the Legislative Counsel [shall] must be noted as a part of the history of the bill or resolution.

     3.  When [the same shall have been duly and regularly] a bill is enrolled and delivered to the Governor [, as provided by] pursuant to NRS 218D.660, [in all cases where it is required to be so delivered,] the fact of such delivery and the date [thereof shall also] of such delivery must be noted, over the signature of the Legislative Counsel, as a part of the history of the bill . [or resolution.]

     Sec. 119.  NRS 218D.635 is hereby amended to read as follows:

     218D.635  1.  The Legislative Counsel shall transmit [copies] a copy of each passed [bills or resolutions without delay,] bill and resolution in the order of [their] its receipt, to the State Printer [, taking] and take a receipt therefor. The receipt must bear the date of delivery and give the bill or resolution number.

     2.  The State Printer shall [without delay enroll (print) the bills or resolutions] print each bill and resolution, in the order of [their] its receipt, [and they must be printed] in enrolled form, retaining the symbols indicating the amendments to existing law . [only.]

     3.  In printing an enrolled [bills amending] bill which amends existing law, the State Printer, in cooperation with the Legislative Counsel, shall cause to be printed [between] :

     (a) Between brackets and in strike out type the words, phrases or provisions of the existing law, if any, which have been stricken out or eliminated by the [adoption] passage of the [amendment, and shall cause to be printed in] bill; and

     (b) In italics all new words, phrases or provisions, if any, which have been inserted into or added to the existing law by the passage of [such amendment.

     3.] the bill.

     4.  In ascertaining the correct reading, status and interpretation of an enrolled bill [amending] which amends existing law [, the] :

     (a) The matter [inserted within] printed between brackets and in strike out type must be omitted [, and the] ; and

     (b) The matter printed in italics must be read and interpreted as part of the enrolled bill.

 


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     [4.] 5.  The Legislative Counsel shall carefully compare the enrolled copy with the official engrossed copy, and if the enrolled copy is found to be correct, the Legislative Counsel shall present it to the proper officers for their signatures. When the officers sign their names [thereon,] on the enrolled copy, as required by law, it is enrolled. The official engrossed copy may by resolution be used as the enrolled bill.

     Sec. 120.  NRS 218D.640 is hereby amended to read as follows:

     218D.640  [Every] Each bill and joint resolution passed by both Houses [shall] must be signed after enrollment [,] by the respective presiding officers [thereof] of each House and by the Secretary of the Senate and Chief Clerk of the Assembly [.] , or an authorized assistant.

     Sec. 121.  NRS 218D.655 is hereby amended to read as follows:

     218D.655  The official engrossed bill [shall] must be delivered [to the Secretary of State] by the Legislative Counsel, or by such person as the Legislative Counsel [shall] designates in writing [designate.] , to the Secretary of State.

     Sec. 122.  NRS 218D.660 is hereby amended to read as follows:

     218D.660  1.  An enrolled bill must be delivered by the Legislative Counsel, or by such person as the Legislative Counsel designates in writing, to the Governor for action . [, who may authorize a member of his or her]

     2.  The Governor shall authorize one or more members of the Governor’s staff to receive and give a receipt for [the same in his or her] an enrolled bill in the Governor’s name. During a regular or special session, at least one such member of the Governor’s staff must be available in Carson City to receive enrolled bills:

     (a) During all hours that state offices are regularly open for the transaction of business pursuant to NRS 281.110; and

     (b) During other hours if the Legislative Counsel, or such person as the Legislative Counsel designates in writing, provides reasonable notice, orally or in writing, to the Governor or a member of the Governor’s staff that an enrolled bill will be delivered at a time when state offices are not regularly open for the transaction of business.

     Sec. 123.  NRS 218D.675 is hereby amended to read as follows:

     218D.675  1.  As soon as an enrolled bill is delivered to the Governor [, any person duly] for action, the Governor or an authorized member of the Governor’s staff shall [endorse] :

     (a) Endorse by stamp, on the back of the enrolled [copy of such] bill, over the Governor’s signature, from whom and which House the bill was received, the date and hour of receipt [,] and the number of pages comprising the bill [, and shall compute] ; and

     (b) Compute and note thereon the time limit for action by the Governor, excluding the day of receipt and Sundays, which must not exceed the constitutional limit for such action.

     2.  [Within such time limit, the bill must, if approved, be signed by] To approve the bill, the Governor [immediately after] must sign the bill, within the constitutional limit for such action, following the signatures of the officials of both Houses as follows:

 


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ê2011 Statutes of Nevada, Page 3201 (Chapter 498, AB 576)ê

 

State of Nevada

Executive Department

Approved

 

.....a.m.....p.m.

........(month)........(day)........(year)

      .........................(Governor)

 

     3.  Immediately [following] after such approval, [without alteration or correction, the bill must be deposited with] the Governor shall direct a member of the Governor’s staff to deliver the bill to the Secretary of State, who shall [endorse] :

     (a) Endorse on the back [thereof,] of the bill, following the endorsement [of such duly authorized person:] made on the bill pursuant to subsection 1:

 

Received and filed.

.....(hour)

........(month)........(day)........(year)

      ...................(Secretary of State)

 

     (b) Give a receipt for the bill in the manner required by NRS 218D.700.

     Sec. 124.  NRS 218D.680 is hereby amended to read as follows:

     218D.680  1.  If [the Governor does not approve a bill within 5 days, Sundays excepted, after it has been presented to the Governor, the] a bill becomes a law without the Governor’s signature [, unless the Governor has returned it to the House in which it originated, with the Governor’s objections thereto, which must be entered in its journal.

     2.  Such House shall thereupon proceed to reconsider the vetoed bill and if thereafter it again passes both Houses by a two-thirds vote of the members elected to each House, the] pursuant to Section 35 of Article 4 of the Nevada Constitution, the Governor shall direct a member of the Governor’s staff to deliver the bill to the Secretary of State, who shall:

     (a) Endorse the bill in the manner required by NRS 218D.675; and

     (b) Give a receipt for the bill in the manner required by NRS 218D.700.

     2.  If a bill becomes a law notwithstanding the objections of the Governor [, and must be delivered by] pursuant to Section 35 of Article 4 of the Nevada Constitution, the Legislative Counsel [directly] , or such person as the Legislative Counsel designates in writing, shall deliver the bill to the Secretary of State , [for filing,] who shall :

     (a) Endorse the bill in the manner required by NRS 218D.675; and

     (b) Give a receipt [to the Legislative Counsel therefor.] for the bill with the information required by NRS 218D.700.

     Sec. 125.  NRS 218D.700 is hereby amended to read as follows:

     218D.700  1.  The Secretary of State, or such deputy or clerk as the Secretary of State designates in writing, shall give a receipt to the Governor for all bills received . [, noting]

     2.  The receipt must include the number of [such] the bill, the House wherein the bill originated, the number of pages contained [therein,] in the bill and the hour and date the bill was received. [Such]

 


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     3.  The receipt must be retained in the Governor’s Office for at least 6 years.

     Sec. 126.  NRS 218D.705 is hereby amended to read as follows:

     218D.705  1.  The Secretary of State shall, after the final adjournment of each regular and special session , [of the Legislature,] cause all [legislative] bills deposited with the Secretary of State [after approval by the Governor,] which have become laws and all joint resolutions, concurrent resolutions and memorials to be bound in a substantial and suitable book or books, together with an index [thereof.] of all such legislative measures.

     2.  The expenses incurred in such work must be paid by the State in the manner directed by the State Board of Examiners.

     Sec. 127.  NRS 218D.720 is hereby amended to read as follows:

     218D.720  1.  The Legislative Commission [shall have the authority] is authorized to correct typographical and clerical errors in the style and manner of printing contained in enrolled bills after [such] the bills are signed by the Governor or otherwise become a law and after the Legislature has adjourned.

     2.  [A decision by the] The Legislative Commission may make the decision to correct typographical and clerical errors [shall be made] only upon a unanimous vote of all members present at the meeting, but no such decision shall be made at any meeting attended by less than seven members.

     3.  The Legislative Commission may be called into session for this purpose by the Chair at the request of the Governor, or by the Chair in the Chair’s discretion, or by a majority vote of the entire membership of the Legislative Commission.

     4.  All members of the Senate and the Assembly [shall] must be given written notice of all such meetings of the Legislative Commission at least 10 days prior [thereto.] to a meeting. The notice [shall] must contain a description of the typographical and clerical errors proposed to be corrected.

     Sec. 128.  NRS 218D.800 is hereby amended to read as follows:

     218D.800  1.  [An] After its first approval by the Legislature, an enrolled joint resolution proposing an amendment to the Constitution of the State of Nevada must be delivered with the official engrossed copy [thereof] to the Secretary of State or such deputy or clerk as the Secretary of State designates in writing.

     2.  The Secretary of State shall cause the enrolled joint resolution and [the] engrossed copy [thereof] to be filed in the Secretary of State’s office [,] and shall deliver them to the presiding officer of the House in which the proposed amendment originated at the next [ensuing] regular session of the Legislature [. The] unless, before that regular session, the Governor makes the proposed amendment a matter of legislative business at a special session.

     3.  After they have been returned by the Secretary of State, the enrolled joint resolution [accompanied by the] and engrossed copy [thereof must thereupon] must be laid before the House of origin for action, and if approved by [a majority of the members elected thereto,] the Legislature a second time pursuant to Section 1 of Article 16 of the Nevada Constitution, the enrolled joint resolution and engrossed copy must again be deposited with and filed by the Secretary of State so that [it] the proposed amendment may be placed upon the ballot at the next [ensuing] general election [.

     3.]  or at a special election authorized by the Legislature for that purpose.

 


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     4.  The history of the joint resolution [containing] , including a notation that it has been returned to the House of [its] origin by the Secretary of State , must be noted on both the enrolled copy and engrossed copy . [of the resolution, and must likewise appear upon the enrolled copy thereof.]

     5.  The enrolled copy must bear the original signatures of the presiding officers of the Houses and the Secretary of the Senate and Chief Clerk of the [respective Houses] Assembly, or an authorized assistant, for both sessions of the Legislature at which the proposed amendment to the Constitution was considered.

     [4.] 6.  The Secretary of State shall cause all proposed amendments to the Constitution to be published in the printed volume of the statutes for each [year when they] session at which the proposed amendments have been considered by the Legislature.

     Sec. 129.  NRS 218D.810 is hereby amended to read as follows:

     218D.810  1.  As used in this section, “first committee of reference” means the committee to which a bill or joint resolution was first referred in the House [of the Legislature into] in which it was introduced.

     2.  Upon request from the first committee of reference, the Legal, Research and Fiscal Analysis Divisions [of the Legislative Counsel Bureau] shall prepare, for any proposed constitutional amendment or statewide measure which, if approved by the Legislature, would be submitted to a vote of the people:

     (a) A condensation of the proposal into a question to be placed on the ballot;

     (b) An explanation of the proposal, including arguments for and against the proposal;

     (c) If the Legislature rejects a statewide measure proposed by initiative, proposes a different measure on the same subject which the Governor approves and includes the measure on the ballot with the statewide measure proposed by initiative, rebuttals to each argument for and against the proposal; and

     (d) A fiscal note for the proposal, including an explanation of any anticipated financial effects on state and local governments.

     3.  The condensation, explanation, arguments, rebuttals and fiscal note must be of reasonable length and written in easily understood language.

     4.  After the bill or joint resolution has been approved by both Houses , [of the Legislature,] the first committee of reference shall request the preparation of the condensation, explanation, arguments, rebuttals and fiscal note, if it has not already done so, and shall review the draft and approve such changes as it deems necessary.

     5.  The first committee of reference shall submit the condensation, explanation, arguments, rebuttals and fiscal note, in the form of a simple resolution, to the members of the House in which the proposed constitutional amendment or statewide measure was introduced. After that resolution is approved, it must be entered in the journal in its entirety and the enrolled resolution delivered to the Secretary of State to accompany the bill or joint resolution to which it relates.

     6.  If the Legislature adjourns before the procedures set forth in subsections 4 and 5 have been completed, the Legislative Commission shall review, revise and approve the condensation, explanation, arguments, rebuttals and fiscal note for delivery to the Secretary of State on or before July 1 of the year in which the general election is to be held.

 


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     7.  In the case of a joint resolution which proposes a constitutional amendment, the condensation, explanation, arguments, rebuttals and fiscal note must be treated in the same manner when the proposal is before the Legislature for its second approval as when the proposal was first approved.

     8.  The Legislative Counsel Bureau shall distribute copies of the condensations, explanations, arguments, rebuttals and fiscal notes to [members of the Legislature,] Legislators, public libraries, newspapers and broadcasters.

     Sec. 130.  NRS 218D.900 is hereby amended to read as follows:

     218D.900  1.  All requests for mailing or distribution of [bills and] legislative measures or publications must be filed with the Director . [of the Legislative Counsel Bureau.]

     2.  Except as otherwise provided in NRS 218D.900 to 218D.915, inclusive, no [bill or other] legislative measure or publication may be distributed without payment [therefor] of a sum fixed by the Director . [of the Legislative Counsel Bureau.]

     3.  Any person, office or organization, except for those for which provision is otherwise made in NRS 218D.900 to 218D.915, inclusive, may receive upon request free of charge in any 1 calendar year a maximum of two copies of each individual bill or resolution specified by bill or resolution number or of each daily history, daily journal or index.

     4.  The Director [of the Legislative Counsel Bureau shall fix] shall:

     (a) Fix the cost of such [bills] legislative measures and publications, including postage . [, and such money as may be]

     (b) Remit any money received by the Director [must be remitted] for such legislative measures and publications to the Legislative Counsel Bureau for deposit in the Legislative Fund.

     (c) Before each regular or special session , [of the State Legislature, the Director of the Legislative Counsel Bureau shall] reanalyze the cost of such [bills] legislative measures and publications, including postage, and establish a cost schedule that, as nearly as practicable, reflects the estimated cost to be incurred during the regular or special session.

     5.  The costs of such distributions, including postage, must be paid from the Legislative Fund.

     Sec. 131.  NRS 218D.905 is hereby amended to read as follows:

     218D.905  There is no limit upon the number of [bills or other] legislative measures or publications that may be distributed free of charge to:

     1.  [Members of the Legislature,] Legislators, except as may be otherwise provided by a joint rule or by a rule of either House for its members.

     2.  The Secretary of the Senate and the Chief Clerk of the Assembly for the proper functioning of their respective Houses.

     3.  The Legislative Counsel Bureau.

     Sec. 132.  NRS 218D.910 is hereby amended to read as follows:

     218D.910  1.  The following persons are entitled to receive free of charge in any 1 calendar year any bill, resolution, daily history, daily journal or index, in the number of copies shown, upon verification of their wishes to receive the legislative measure or publication:

 


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     (a) Justices and the Clerk of the Supreme Court, one copy;

     (b) County clerks and district attorneys, one copy;

     (c) A judge and clerk of a district court in a judicial district having one judge, one copy; and

     (d) The judges and the administrator or clerk of a district court in a judicial district having more than one judge, two copies.

     2.  Upon approval of the committee of the Senate or the Assembly which has jurisdiction of issues relating to legislative functions, additional copies must be provided to these persons without charge, except for the cost of handling and postage as determined by the Director . [of the Legislative Counsel Bureau.]

     Sec. 133.  NRS 218D.915 is hereby amended to read as follows:

     218D.915  1.  The following persons, offices or organizations, upon request, are entitled to receive free of charge in any 1 calendar year one copy of any bill, resolution, daily history, daily journal or index:

     (a) Elected state officers.

     (b) Offices of all state departments and agencies.

     (c) County clerks, sheriffs, treasurers, assessors, recorders and auditors.

     (d) Offices of other county officials.

     (e) Municipal officers.

     (f) Districts and other governmental agencies.

     (g) Justices of the peace.

     (h) The State Library and Archives.

     (i) County and city libraries and libraries of the Nevada System of Higher Education.

     (j) Accredited members of the press.

     2.  Upon approval of the committee of the Senate or the Assembly which has jurisdiction of issues relating to legislative functions, additional copies must be provided to these persons, offices or organizations without charge, except for the cost of any handling and postage as determined by the Director . [of the Legislative Counsel Bureau.]

     3.  Township, school and municipal officials may have distributed, free of charge, the number of copies of any [bill or other] legislative measure or publication that is approved by the [Committee on Legislative Functions] committee of the Senate or the Assembly [.] which has jurisdiction of issues relating to legislative functions.

     Sec. 134.  NRS 218D.930 is hereby amended to read as follows:

     218D.930  1.  During each regular and special session , [of the Legislature,] the State Printer shall print daily in separate book form a sufficient number of copies of the journal of the previous day’s proceedings of each House to supply the members and officers of both Houses. The Secretary of the Senate and the Chief Clerk of the Assembly shall determine the number of copies necessary for their respective Houses.

     2.  One copy of the daily journal of each House, upon its approval by the House, must be authenticated as so approved by the presiding officer and the Secretary or Chief Clerk . [as the case may be.] Upon final adjournment of the Legislature, the authenticated copies of the daily journal of each House for the entire regular or special session must be properly bound in separate volumes and deposited in the Office of the Secretary of State as the official journals of both Houses . [of the Legislature.]

 


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ê2011 Statutes of Nevada, Page 3206 (Chapter 498, AB 576)ê

 

     Sec. 135.  NRS 218D.935 is hereby amended to read as follows:

     218D.935  1.  At the end of each regular or special session , [of the Legislature,] the journals must be printed, indexed and bound in book form in the same style as those of the 1927 Session of the Legislature. The journal of each House must be bound separately.

     2.  The Secretary of the Senate and the Chief Clerk of the Assembly shall direct the compilation of the journal indexes for their respective Houses and shall deliver the completed journal indexes to the State Printer.

     3.  The bound volumes must be delivered to the Legislative Counsel Bureau and constitute the journals of the Senate and the Assembly.

     4.  Each [member of the Legislature of] Legislator who served during the regular or special session for which such journals are the record is entitled to one copy of the Senate Journal and one copy of the Assembly Journal.

     Sec. 136.  NRS 218D.940 is hereby amended to read as follows:

     218D.940  1.  Each House shall cause to be printed once every legislative day during [the] a regular or special session a complete history of all bills and [joint, concurrent and House] resolutions originating in or acted upon by the respective Houses. The history [shall] must show the action taken upon each legislative measure up to and including the legislative day preceding its issuance.

     2.  A daily file of bills ready for consideration [shall] must be printed each legislative day for each House, along with the daily history.

     3.  The Secretary of the Senate and the Chief Clerk of the Assembly shall determine the form and the number of copies for their respective Houses.

     4.  Upon final adjournment of the Legislature, one of the final copies of the daily history of bills for each House [shall] must be authenticated by the presiding officer and Secretary or Chief Clerk, [as the case may be,] and the final copies [shall] must be properly bound in separate volumes and deposited in the Office of the Secretary of State as the official histories of bills of both Houses . [of the Legislature.]

     Sec. 137.  NRS 218D.955 is hereby amended to read as follows:

     218D.955  1.  The Secretary of State shall, within 3 days after receiving them, furnish to the State Printer a copy of all acts, [joint and concurrent resolutions,] resolutions and memorials passed at each regular or special session.

     2.  The Director [of the Legislative Counsel Bureau] shall:

     (a) Distribute one copy of each act as printed to each county clerk, district judge, district attorney and justice of the peace in the State.

     (b) Immediately upon the adjournment of the regular or special session, collect and have printed and bound advance sheets of all acts, resolutions and memorials passed at the regular or special session.

     (c) Distribute one copy of the advance sheets, without charge, to each justice of the Supreme Court, the Attorney General, the State Public Defender, and to each county clerk, district judge, district attorney, county public defender, justice of the peace, city attorney and municipal judge in the State, deliver to the Supreme Court Law Library a number of copies appropriate to secure the exchange of similar publications from other states, and establish the price at which the advance sheets must be sold to other persons.

 


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     3.  The Legislative Counsel shall, immediately upon the adjournment of the regular or special session, prepare statutory tables and an index of all acts, resolutions and memorials passed at the regular or special session.

     4.  The State Printer, upon receipt of the statutory tables and index, shall prepare bound volumes of the Statutes of Nevada as provided in NRS 218D.960.

     Sec. 138.  NRS 218D.960 is hereby amended to read as follows:

     218D.960  1.  A number of copies of the statutes of each Legislature, sufficient in the opinion of the Director [of the Legislative Counsel Bureau] to meet the requirements for free distribution and for sale, must be printed and appropriately bound.

     2.  The bound volumes must contain:

     (a) The laws, resolutions and memorials passed and adopted at each [legislative] regular or special session, stating the number of the bill, resolution or memorial, and the name of the person who introduced it.

     (b) The statutory tables and index as prepared by the Legislative Counsel.

     3.  The bound volumes containing the statutes of [legislative sessions held in odd-numbered years] regular sessions must contain, in addition to the items required by subsection 2 : [of this section:]

     (a) The Constitution of the United States.

     (b) The Constitution of the State of Nevada.

     4.  Other than those items specified in subsections 2 and 3, no other reports, documents or things whatever may be bound with the Statutes of Nevada.

     Sec. 139.  NRS 218D.965 is hereby amended to read as follows:

     218D.965  1.  The Director [of the Legislative Counsel Bureau] is authorized to set the style and form of the printing of the bound volumes of the Statutes of Nevada.

     2.  In printing the section or part of the law reenacted in an amendatory law, the Director shall cause to be printed [between] :

     (a) Between brackets [or] and in strike out type the words, phrases or provisions of the existing law, if any, which have been stricken out or eliminated by the [adoption of the amendments as the same appears in the enrolled bill. The Director shall cause to be printed in] passage of the amendatory law; and

     (b) In italics all new words, phrases or provisions, if any, which have been inserted into or added to the existing law by the passage of [such amendment.] the amendatory law.

     3.  In ascertaining the correct reading, status and interpretation of an amendatory law [, the] :

     (a) The matter printed between brackets and in strike out type must be omitted; and

     (b) The matter printed in italics [shall] must be read and interpreted as part of the amendatory law.

     Sec. 140.  NRS 218E.010 is hereby amended to read as follows:

     218E.010  1.  As used in NRS 218E.010 to 218E.095, inclusive, unless the context otherwise requires, “committee” means [a] :

     (a) Any committee of either [the Senate or the Assembly, a] House;

     (b) Any joint committee of both Houses [, or, when any of the foregoing committees is authorized to create subcommittees,] ; or

 


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     (c) Any other committee or commission created or authorized by the Legislature to perform legislative functions at the direction of the Legislature.

     2.  The term includes, without limitation, a subcommittee.

     Sec. 141.  NRS 218E.015 is hereby amended to read as follows:

     218E.015  The Assembly, the Senate and committees [thereof] may conduct investigations into any matter which is pertinent to possible future legislative action.

     Sec. 142.  NRS 218E.030 is hereby amended to read as follows:

     218E.030  1.  The Assembly, the Senate and committees , [thereof,] pursuant to their investigative powers, may issue subpoenas for the production of material witnesses and relevant evidence. Such subpoenas may be issued by the President of the Senate, the Speaker of the Assembly, or the chair of a committee with the concurrence of a majority of the members of the committee.

     2.  Except in cases of impeachment as provided by Article 7 of the Constitution of the State of Nevada, a subpoena [shall] must not be issued to:

     (a) The Governor or any of the Governor’s immediate staff.

     (b) Any justice of the Supreme Court or judge of a district court.

     Sec. 143.  NRS 218E.035 is hereby amended to read as follows:

     218E.035  1.  A subpoena is sufficient if it:

     (a) States whether the proceeding is before the Senate, the Assembly [,] or a committee;

     (b) Is addressed to the witness;

     (c) Requires the attendance of the witness at a time and place certain;

     (d) States reasons making the testimony sought, or evidence requested, pertinent to possible future legislative action; and

     (e) Is signed by the President of the Senate, the Speaker of the Assembly or the chair of the committee before whom attendance of the witness or production of evidence is desired . [, as the case may be.]

     2.  The service of a subpoena may be made by any person over 18 years of age.

     Sec. 144.  NRS 218E.040 is hereby amended to read as follows:

     218E.040  The members of the Senate [and] , the Assembly or a committee [thereof] may administer oaths to witnesses.

     Sec. 145.  NRS 218E.045 is hereby amended to read as follows:

     218E.045  1.  [If any witness neglects] A witness commits contempt if the witness:

     (a) Neglects or refuses to obey a subpoena [, or after] ;

     (b) After appearing , neglects or refuses to testify as to any relevant matter ; [,] or

     (c) Neglects or refuses to produce , upon reasonable notice , any relevant evidence [, if the evidence is] in the possession or under the control of the witness . [, the witness has committed a contempt.

     2.  The]

     2.  If a witness commits contempt, the district court of any county [, or the judge thereof,] shall, on application of the President of the Senate, the Speaker of the Assembly or the chair of the committee, [as the case may be,] compel the witness’s obedience by proceedings for contempt, as in the case of disobedience of the requirements of a subpoena issued from such court or a refusal to testify therein.

 


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     Sec. 146.  NRS 218E.050 is hereby amended to read as follows:

     218E.050  1.  If the witness was required to attend before [the] :

     (a) The Senate or the Assembly, any member of the House may offer a resolution to have the witness cited to show cause why the witness should not be imprisoned for contempt. [If the witness was required to attend before a]

     (b) A committee while the Legislature is in regular or special session, any member of the committee may [be authorized by majority vote of the committee to] offer a resolution in the House of which the Legislator is a member to have the witness [so cited.] cited to show cause why the witness should not be imprisoned for contempt, but only if the resolution is first approved by a majority vote of the committee.

     2.  If the resolution is adopted [, a citation] by the House, the House shall issue [,] a citation, signed by the presiding officer of the House:

     (a) Directing the recusant witness to appear before the House at a time and place specified in the citation to show cause, if any, why the witness should not be imprisoned for contempt; and

     (b) Accompanied by a copy of the original subpoena if the witness failed to appear, or stating briefly the questions which the witness failed to answer or the evidence which the witness failed to produce . [, as the case may be.]

     3.  The time and place stated in the citation [shall] for the hearing must afford the recusant witness a reasonable opportunity to prepare [a] an appropriate defense.

     4.  The citation [shall] must be served personally upon the recusant witness [,] and may be served by any peace officer or by the Sergeant at Arms or any regularly appointed Assistant Sergeant at Arms of the House.

     Sec. 147.  NRS 218E.055 is hereby amended to read as follows:

     218E.055  The recusant witness is entitled at the hearing:

     1.  To the assistance of counsel.

     2.  To [produce] present witnesses and offer evidence [in his or her] on the recusant witness’s behalf.

     3.  To argue orally, in person or by counsel, within such reasonable limits as may be imposed by the presiding officer [,] of the House, and to [present] submit written arguments.

     Sec. 148.  NRS 218E.060 is hereby amended to read as follows:

     218E.060  1.  If the House finds by resolution that the recusant witness has in fact committed [a] contempt:

     (a) The [witness may be required] House may require the witness to pay a fine of not less than $100 nor more than $1,000, as fixed by the resolution, for each day the witness remains in contempt.

     (b) [A] The House shall issue a warrant for the arrest of the witness [must be issued] if the House finds that the witness should be imprisoned.

     2.  A warrant issued for the arrest of the witness pursuant to subsection 1 must [be] :

     (a) Be signed by the presiding officer [, be] ;

     (b) Be directed to the Sergeant at Arms or any regularly appointed Assistant Sergeant at Arms of the House or any peace officer [, and order] ; and

     (c) Order the Sergeant at Arms , Assistant Sergeant at Arms or peace officer to arrest the contemner and deliver the contemner to the Sheriff of Carson City or a designated county for imprisonment in the jail.

 


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     3.  A copy of the warrant must be delivered with the contemner [,] to the designated sheriff and must fix the [time] term of imprisonment as:

     (a) The remaining duration of the [legislative] regular or special session; or

     (b) A specified [time,] term, unless the Legislature [sooner adjourns.

Ê] adjourns sine die before the completion of that term.

     4.  The warrant may provide for the release of the contemner before the expiration of the [period] term of imprisonment if the contemner testifies or produces evidence as originally required.

     Sec. 149.  NRS 218E.080 is hereby amended to read as follows:

     218E.080  1.  Each House [of the Legislature] may provide [by appropriate rules for formal hearings.

     2.  Every] for hearings and proceedings.

     2.  A person who appears and is sworn as a witness before [either House of the Legislature, or any committee thereof, convened for formal hearing,] a House or committee for a hearing or proceeding and who willfully misrepresents any fact when testifying in the hearing or proceeding is guilty of a gross misdemeanor.

     Sec. 150.  NRS 218E.085 is hereby amended to read as follows:

     218E.085  1.  A witness is absolutely privileged to publish defamatory matter as part of a [legislative] hearing or proceeding before a House or committee in which the witness is testifying or in communications to a Legislator preliminary to [the] that hearing or proceeding, if the matter has some relation to the hearing or proceeding.

     2.  [It is unlawful to misrepresent] A person who knowingly misrepresents any fact [knowingly] when testifying [or otherwise communicating to] in a hearing or proceeding before a House or committee or in communications to a Legislator [.] preliminary to that hearing or proceeding is guilty of a misdemeanor.

     Sec. 151.  NRS 218E.090 is hereby amended to read as follows:

     218E.090  1.  An employee of a state agency who testifies before a House or committee [of the Legislature] on the employee’s own behalf and not on behalf of [his or her employer] the state agency shall, before commencing such testimony, state that fact clearly on the record.

     2.  It is unlawful for a state agency which is the employer of an employee who complies with subsection 1 and testifies or seeks to testify before a House or committee [of the Legislature] on the employee’s own behalf to:

     (a) Deprive the employee of [his or her] employment with the state agency or to take any reprisal or retaliatory action against the employee as a consequence of the testimony or potential testimony;

     (b) Threaten the employee that the testimony or potential testimony will result in the termination of [his or her] employment with the state agency or in any reprisal or retaliatory action against the employee; or

     (c) Directly or indirectly intimidate, threaten, coerce, command or influence or attempt to intimidate, threaten, coerce, command or influence the employee in an effort to interfere with or prevent the testimony of the employee.

 


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     3.  It is unlawful for a state agency to:

     (a) Deprive or threaten to deprive an employee of [his or her] employment [;] with the state agency;

     (b) Take or threaten to take any reprisal or retaliatory action against the employee; or

     (c) Directly or indirectly intimidate, threaten, coerce, command or influence or attempt to intimidate, threaten, coerce, command or influence the employee,

Ê in an attempt to affect the behavior of another employee who is testifying or seeks to testify before a House or committee [of the Legislature] on the other employee’s own behalf.

     4.  The provisions of this section do not apply to an employee in the classified service who has not completed [his or her] the employee’s probationary period.

     5.  For the purposes of this section:

     (a) “Reprisal or retaliatory action” has the meaning ascribed to it in NRS 281.611.

     (b) “State agency” means an agency, bureau, board, commission, department, division, officer, employee or agent or any other unit of the Executive Department . [of the State Government.]

     Sec. 152.  NRS 218E.095 is hereby amended to read as follows:

     218E.095  [Every person duly summoned]

     1.  If a person is subpoenaed to attend as a witness before [either House of the Legislature, or any committee thereof authorized to summon witnesses, who shall refuse] a House or committee, the person shall not:

     (a) Refuse or neglect, without lawful excuse, to attend pursuant to [such summons, or who shall willfully] the subpoena; or

     (b) Willfully refuse to be sworn or to affirm , [or] to answer any material or proper question , or to produce, upon reasonable notice, any material or proper books, papers or documents in the possession or under the control of the person . [, shall be]

     2.  A person who violates any provision of this section is guilty of a gross misdemeanor.

     Sec. 153.  NRS 218E.150 is hereby amended to read as follows:

     218E.150  1.  There is hereby created in the Legislative Counsel Bureau a Legislative Commission consisting of 12 members.

     2.  At each regular session [of the Legislature held in odd-numbered years, the] :

     (a) The Senate shall, by resolution, designate six Senators as regular members of the Legislative Commission and six Senators as alternates [, and the] ; and

     (b) The Assembly shall, by resolution, designate six members of the Assembly as regular members of the Legislative Commission and six members of the Assembly as alternates.

     3.  The Legislature shall determine by a joint rule at each regular session : [of the Legislature in odd-numbered years:]

     (a) The method of determining the majority party and the minority party regular and alternate membership on the Legislative Commission.

     (b) The method of filling vacancies on the Legislative Commission.

     (c) The method of selecting the Chair.

     (d) The term of office of the Chair.

 


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     4.  The members of the Legislative Commission serve until their successors are appointed by resolution as provided in this section, except that the membership of any member who does not become a candidate for reelection or who is defeated for reelection [terminates] :

     (a) Terminates on the day next after the general election ; and [the]

     (b) The vacancy must be filled as provided by the joint rule adopted pursuant to subsection 3.

     Sec. 154.  NRS 218E.155 is hereby amended to read as follows:

     218E.155  1.  The members of the Legislative Commission shall meet at such times and at such places as [shall be] is specified by a call of the Chair or a majority of the Legislative Commission.

     2.  The Director [of the Legislative Counsel Bureau] shall act as the nonvoting recording Secretary [.] of the Legislative Commission.

     3.  The Legislative Commission shall prescribe rules [and regulations] for its own management and government.

     4.  Seven members of the Legislative Commission [shall] constitute a quorum, and a quorum may exercise all the power and authority conferred on the Legislative Commission.

     [2.] 5.  If any regular member of the Legislative Commission [is] informs the Secretary that the member will be unable to attend a scheduled meeting of the Legislative Commission : [, and notifies the Secretary of the Commission, the]

     (a) The Secretary shall notify the proper alternate member [. Such] ; and

     (b) The alternate member may then replace the regular member at that meeting only , with all the duties, rights and privileges of the replaced member.

     Sec. 155.  NRS 218E.160 is hereby amended to read as follows:

     218E.160  1.  Except during a regular or special session , [of the Legislature,] for each [day’s] day or portion of a [day’s attendance at each meeting] day during which a member of the Legislative Commission or [its] the Audit Subcommittee [, if a member of the Subcommittee, or if] attends a meeting or is otherwise engaged in the official business of the Legislative Counsel Bureau, the [members of the Legislative Commission are] member is entitled to receive [the] :

     (a) The compensation provided for a majority of the [members of the Legislature] Legislators during the first 60 days of the preceding regular session ; [, and the]

     (b) The per diem allowance provided for state officers and employees generally ; and [the]

     (c) The travel expenses provided pursuant to NRS 218A.655.

     2.  An alternate member of the Legislative Commission who [replaces] :

     (a) Replaces a regular member at a meeting of the Legislative Commission or on official business of the Legislative Counsel Bureau is entitled to receive the same [salary and] compensation, per diem allowances and travel expenses as a regular member for the same service. [An alternate member who attends]

     (b) Attends a meeting of the Legislative Commission but does not replace a regular member is entitled to the travel expenses provided pursuant to NRS 218A.655.

 


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     3.  All such compensation, per diem allowances and travel expenses must be paid from the Legislative Fund.

     Sec. 156.  NRS 218E.175 is hereby amended to read as follows:

     218E.175  1.  The general objectives and functions of the Legislative Commission are to:

     (a) Assist the Legislature in retaining status coordinate with the Executive and Judicial [Branches of State Government.] Departments.

     (b) Investigate and inquire into subjects upon which the Legislature may act by the enactment or amendment of statutes, governmental problems, important issues of public policy or questions of statewide interest.

     (c) Assure that the most effective use is made of the audit, fiscal, legal and research services and facilities provided by the Legislative Counsel Bureau to the Legislature and its members.

     (d) Coordinate and oversee interim studies and other legislative committees meeting in the interim between regular [legislative] sessions.

     2.  In addition to the powers [and duties elsewhere] conferred and duties imposed [upon] by this title or any law or resolution, the Legislative Commission , [in chapters 218A to 218H, inclusive, of NRS,] in order to carry out its general objectives and functions ; [the Legislative Commission:]

     (a) Shall receive recommendations and suggestions for legislation or investigation from:

           (1) Members of the Legislative Commission and other [members of the Legislature;] Legislators; and

           (2) Any board, commission, department or officer of the [State Government] Executive or Judicial Department or any local government.

     (b) May receive recommendations and suggestions for legislation or investigation from:

           (1) Bar associations, chambers of commerce, labor unions and other organized associations and groups; and

           (2) Individual citizens.

     (c) May hold hearings on any subject or matter which is a proper subject for legislative action or which concerns governmental problems, important issues of public policy or questions of statewide interest, whenever it considers such hearings necessary or desirable in the performance of its duties or the exercise of its powers.

     Sec. 157.  NRS 218E.180 is hereby amended to read as follows:

     218E.180  The Legislative Commission may:

     1.  Carry forward the participation of the State of Nevada as a member of the Council of State Governments and the National Conference of State Legislatures, and may pay annual dues to those organizations out of the Legislative Fund. The Legislative Commission is designated as Nevada’s Commission on Interstate Cooperation.

     2.  Encourage and assist the government of this State to develop and maintain friendly contact by correspondence, by conference, and otherwise, with the other states, with the Federal Government and with local units of government.

     3.  Establish such delegations and committees as official agencies of the Legislative Counsel Bureau as may be deemed advisable to confer with similar delegations and committees from other states concerning problems of mutual interest. The membership of those delegations and committees must be designated by the Legislative Commission and may consist of Legislators and employees of the State other than members of the Legislative Commission.

 


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Commission. [Members] For each day or portion of a day during which members of those delegations and committees [shall] attend meetings or are otherwise engaged in the business of those delegations and committees, the members:

     (a) Shall serve without salary . [, but they are]

     (b) Are entitled to receive out of the Legislative Fund [the] :

           (1) The per diem [expense] allowance provided for state officers and employees generally ; and [the]

           (2) The travel expenses provided pursuant to NRS 218A.655.

     4.  Endeavor to advance cooperation between this State and other units of government whenever it seems advisable to do so by [formulating] :

     (a) Formulating proposals for interstate compacts and reciprocal or uniform legislation [, and by facilitating] ; and

     (b) Facilitating the adoption of uniform or reciprocal administrative rules and regulations, informal cooperation of governmental offices, personal cooperation among governmental officials and employees, interchange and clearance of research and information and any other suitable process.

     5.  Supervise the functions assigned to the Divisions of the Legislative Counsel Bureau [in chapters 218A to 218H, inclusive, of NRS.] by this title or any law or resolution.

     6.  Authorize the Director [of the Legislative Counsel Bureau] to enter into agreements for the acquisition of property it deems necessary to support the Legislature and its staff. The Director may expend money from the Legislative Fund for this purpose.

     Sec. 158.  NRS 218E.185 is hereby amended to read as follows:

     218E.185  1.  In the discharge of any duty imposed or power conferred by [chapters 218A to 218H, inclusive, of NRS,] this title or any law or resolution, the Legislative Commission has the authority to:

     (a) Administer oaths . [, issue subpoenas, compel the attendance of witnesses and the production of any papers, books, accounts, department records, documents and testimony. The Legislative Commission may issue subpoenas compelling the attendance of witnesses before, or the production of any papers, books, accounts, department records, documents and testimony to, a subcommittee or interim or special committee established pursuant to NRS 218E.200.]

     (b) Cause the deposition of witnesses, [either] residing either within or without the State, to be taken in the manner prescribed by rule of court for taking depositions in civil actions in the district courts.

     (c) Issue subpoenas to compel the attendance and testimony of witnesses and the production of books, papers, accounts, department records and other documents before the Legislative Commission or a subcommittee or interim or special committee established pursuant to NRS 218E.200.

     2.  The Legislative Commission may delegate its authority pursuant to subsection 1 to a subcommittee or interim or special committee established pursuant to NRS 218E.200.

     3.  [In case of disobedience on the part of any person to comply with any subpoena issued in behalf of the Legislative Commission or a subcommittee or interim or special committee, or on the refusal of any witness to testify to any matters regarding which the witness may be lawfully interrogated, the district court of any county, or the judge thereof, shall, on application of] If any witness fails or refuses to attend or testify or to produce the books, papers, accounts, department records or other documents required by a subpoena, the Chair of the Legislative Commission or the subcommittee or interim or special committee that issued the subpoena [, compel obedience by proceedings for contempt, as in the case of disobedience of the requirements of a subpoena issued from such court or a refusal to testify therein.

 


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ê2011 Statutes of Nevada, Page 3215 (Chapter 498, AB 576)ê

 

produce the books, papers, accounts, department records or other documents required by a subpoena, the Chair of the Legislative Commission or the subcommittee or interim or special committee that issued the subpoena [, compel obedience by proceedings for contempt, as in the case of disobedience of the requirements of a subpoena issued from such court or a refusal to testify therein.

     4.] may report the failure or refusal to the district court by a petition which:

     (a) Sets forth that:

           (1) Due notice has been given of the time and place of the attendance of the witness or the production of the required books, papers, accounts, department records or other documents;

           (2) The witness has been subpoenaed by the Legislative Commission or the subcommittee or interim or special committee pursuant to this section; and

           (3) The witness has failed or refused to attend or testify or to produce the books, papers, accounts, department records or other documents required by the subpoena before the Legislative Commission or the subcommittee or interim or special committee named in the subpoena; and

     (b) Asks for an order of the court compelling the witness to attend and testify or to produce the required books, papers, accounts, department records or other documents before the Legislative Commission or the subcommittee or interim or special committee named in the subpoena.

     4.  Upon such a petition, the court shall:

     (a) Enter an order directing the witness:

           (1) To appear before the court at a time and place to be fixed by the court in its order, the time to be not more than 10 days after the date of the order; and

           (2) To show cause why the witness has not attended or testified or produced the required books, papers, accounts, department records or other documents before the Legislative Commission or the subcommittee or interim or special committee named in the subpoena; and

     (b) Serve a certified copy of the order upon the witness.

     5.  If it appears to the court that the subpoena was regularly issued by the Legislative Commission or the subcommittee or interim or special committee, the court shall enter an order that the witness:

     (a) Must appear before the Legislative Commission or the subcommittee or interim or special committee named in the subpoena at the time and place fixed in the order;

     (b) Must testify or produce the required books, papers, accounts, department records or other documents; and

     (c) Upon failure to obey the order, must be dealt with as for contempt of court.

     6.  Each witness who appears before the Legislative Commission or a subcommittee or interim or special committee by its order, [other than] except a state officer or employee, [shall] is entitled to receive for such attendance the fees and mileage provided for witnesses in civil cases in the courts of record [, which] of this State. The fees and mileage must be audited and paid upon the presentation of proper claims sworn to by the witness and approved by the Secretary and Chair of the Legislative Commission.

 


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ê2011 Statutes of Nevada, Page 3216 (Chapter 498, AB 576)ê

 

     Sec. 159.  NRS 218E.200 is hereby amended to read as follows:

     218E.200  1.  The Legislative Commission may conduct studies or investigations concerning governmental problems, important issues of public policy or questions of statewide interest.

     2.  The Legislative Commission may establish subcommittees and interim or special committees as official agencies of the Legislative Counsel Bureau to conduct such studies or investigations or otherwise to deal with such governmental problems, important issues of public policy or questions of statewide interest.

     3.  The membership of those subcommittees and interim or special committees [must] :

     (a) Must be designated by the Legislative Commission ; and [may]

     (b) May consist of members of the Legislative Commission and Legislators other than members of the Legislative Commission, employees of the State of Nevada or citizens of the State of Nevada.

     4.  [Members] For each day or portion of a day during which members of those subcommittees and interim or special committees who are not Legislators [shall] attend meetings or are otherwise engaged in the business of those subcommittees and interim or special committees, the members:

     (a) Shall serve without salary . [, but they are]

     (b) Are entitled to receive out of the Legislative Fund the per diem [expense] allowances and travel expenses provided for state officers and employees generally.

     5.  Except during a regular or special session [of the Legislature,] , for each day or portion of a day during which members of those subcommittees and interim or special committees who are Legislators attend meetings of those subcommittees and interim or special committees or are otherwise engaged in the business of those subcommittees and interim or special committees, the members are entitled to receive out of the Legislative Fund [the] :

     (a) The compensation provided for a majority of the [members of the Legislature] Legislators during the first 60 days of the preceding regular session [for each day or portion of a day of attendance, and the] ;

     (b) The per diem [expense allowances] allowance provided for state officers and employees generally ; and [the]

     (c) The travel expenses provided pursuant to NRS 218A.655.

     Sec. 160.  NRS 218E.205 is hereby amended to read as follows:

     218E.205  1.  [The] Between regular sessions, the Legislative Commission [shall, between sessions of the Legislature,] :

     (a) Shall fix the work priority of all studies and investigations assigned to it by a concurrent [resolutions of the Legislature,] resolution or directed by an order of the Legislative Commission, within the limits of available time, money and staff. [The Legislative Commission shall]

     (b) Shall not make studies or investigations directed by [resolutions] a resolution of only one House [of the Legislature] or studies or investigations proposed but not approved during the preceding [legislative] regular session.

     2.  All requests for the drafting of [legislation] legislative measures to be recommended as the result of a study or investigation [, except a study or investigation directed by an order of the Legislative Commission,] must be made [before July 1 of the year preceding a legislative session.] in accordance with NRS 218D.160.

 


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ê2011 Statutes of Nevada, Page 3217 (Chapter 498, AB 576)ê

 

     3.  Except as otherwise provided by NRS 218E.210, between regular sessions [of the Legislature no] , a study or investigation may not be initiated or continued by the Fiscal Analysts, the Legislative Auditor, the Legislative Counsel or the Research Director and their staffs , except studies and investigations which have been specifically authorized by a concurrent [resolutions of the Legislature] resolution or by an order of the Legislative Commission.

     4.  [No] A study or investigation may not be carried over from one regular session [of the Legislature] to the next without additional authorization by a concurrent resolution , [of the Legislature,] except audits in progress [,] whose carryover has been approved by the Legislative Commission.

     5.  Except as otherwise provided by specific statute, the staff of the Legislative Counsel Bureau shall not serve as primary administrative or professional staff for a committee unless the chair of the committee is required by statute or resolution to be a Legislator.

     6.  The Legislative Commission shall review and approve the budget and work program and any changes to the budget or work program for each study or investigation conducted by the Legislative Commission or a committee or subcommittee established by the Legislative Commission.

     7.  A committee or subcommittee established to conduct a study or investigation assigned to the Legislative Commission by a concurrent resolution [of the Legislature] or directed by an order of the Legislative Commission must, unless otherwise ordered by the Legislative Commission, meet not earlier than January 1 of the even-numbered year and not later than June 30 of that year.

     Sec. 161.  NRS 218E.210 is hereby amended to read as follows:

     218E.210  1.  The Legislative Counsel Bureau shall, after every regular session , [of the Legislature,] conduct a study of the newly enacted statutes to determine whether any of those statutes:

     (a) Patently treats the sexes differently; or

     (b) Upon application, may affect women more adversely than it affects men.

     2.  The Legislative Counsel Bureau shall compile and publish the results of the study. The publication must contain an index.

     Sec. 162.  NRS 218E.240 is hereby amended to read as follows:

     218E.240  1.  There is hereby created an Audit Subcommittee of the Legislative Commission consisting of five members.

     2.  The Chair of the Legislative Commission shall [appoint] :

     (a) Appoint the members of the Audit Subcommittee from among the members of the Legislative Commission and the Interim Finance Committee ; and [shall designate]

     (b) Designate one of the members of the Audit Subcommittee as Chair.

     3.  The Chair of the Legislative Commission shall designate five Legislators from among the members of the Legislative Commission and the Interim Finance Committee to serve as alternates for the members of the Audit Subcommittee.

     4.  The Legislative Auditor or a member of the staff of the Audit Division appointed by the Legislative Auditor shall serve as Secretary of the Audit Subcommittee.

 


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ê2011 Statutes of Nevada, Page 3218 (Chapter 498, AB 576)ê

 

     5.  The Audit Subcommittee shall meet at the times and places specified by a call of the Chair.

     6.  Three members of the Audit Subcommittee constitute a quorum, and a quorum may exercise [any] all the power [or] and authority conferred on the Audit Subcommittee.

     Sec. 163.  NRS 218E.255 is hereby amended to read as follows:

     218E.255  1.  There is hereby created a Budget Subcommittee of the Legislative Commission.

     2.  The Chair of the Legislative Commission shall appoint to the Budget Subcommittee [the] :

     (a) The persons designated by the Speaker designate of the Assembly to be members of the Assembly Standing Committee on Ways and Means for the next regular session; and [the]

     (b) The persons designated by the Majority Leader designate of the Senate to be members of the Senate Standing Committee on Finance for the next [ensuing] regular session . [of the Legislature.]

     3.  The Budget Subcommittee shall conclude its activities before the next regular [legislative] session is convened.

     4.  The Budget Subcommittee shall consider fiscal issues that may require consideration by the Legislature at the next [ensuing] regular session.

     Sec. 164.  NRS 218E.270 is hereby amended to read as follows:

     218E.270  If the Governor elects to communicate the message required pursuant to Section 10 of Article 5 of the Nevada Constitution before the commencement of a regular session , [of the Legislature,] the Chair of the Legislative Commission may, on behalf of the Legislative Commission pursuant to NRS 218E.200, appoint a special committee to receive that message. A special committee appointed pursuant to this section:

     1.  Must consist of all persons elected or appointed to serve as [a Senator, Assemblywoman or Assemblyman] Legislators during the next [ensuing] regular session . [of the Legislature.]

     2.  Must be chaired by the Speaker designate of the Assembly.

     3.  Shall receive the Governor’s message and conclude its activities upon the completion of that message.

     Sec. 165.  NRS 218E.275 is hereby amended to read as follows:

     218E.275  The Legislative Commission may, pursuant to NRS 218E.200, appoint one or more special committees before the commencement of a regular session . [of the Legislature.] Each special committee appointed pursuant to this section:

     1.  Must consist of all persons designated by the:

     (a) Speaker designate of the Assembly to serve as members of an Assembly Standing Committee, other than the Assembly Standing Committee on Ways and Means, for the next [ensuing] regular session ; [of the Legislature;] or

     (b) Majority Leader designate of the Senate to serve as members of a Senate Standing Committee, other than the Senate Standing Committee on Finance, for the next [ensuing] regular session . [of the Legislature.]

     2.  May meet to consider issues that may require consideration during the next [ensuing] regular session by the standing committee upon which the members of the special committee have been designated to serve.

     3.  Shall conclude its activities before the commencement of the next [ensuing] regular session.

 


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ê2011 Statutes of Nevada, Page 3219 (Chapter 498, AB 576)ê

 

     Sec. 166.  NRS 218E.300 is hereby amended to read as follows:

     218E.300  The Legislature finds that:

     1.  The discharge of its duties to provide for the prosecution of public offenses and the defense of indigent persons charged with public offenses requires the collection of statistical information upon the operation of the several district attorneys’ and public defenders’ offices which are reasonably accurate and are comparable from county to county.

     2.  There exists no agency outside the Legislative Department [of the State Government] which is appropriate for the collection of such information.

     Sec. 167.  NRS 218E.400 is hereby amended to read as follows:

     218E.400  1.  There is hereby created in the Legislative Counsel Bureau an Interim Finance Committee. Except as otherwise provided in this section, the Interim Finance Committee is composed of the members of the Assembly Standing Committee on Ways and Means and the Senate Standing Committee on Finance during the current or immediately preceding regular session . [of the Legislature.]

     2.  Except as otherwise provided in this subsection, the immediate past Chair of the Senate Standing Committee on Finance is the Chair of the Interim Finance Committee for the period ending with the convening of each even-numbered regular session . [of the Legislature.] The immediate past Chair of the Assembly Standing Committee on Ways and Means is the Chair of the Interim Finance Committee during the next legislative interim, and the position of Chair alternates between the Houses [of the Legislature] according to this pattern. The term of the Chair of the Interim Finance Committee terminates if a new Chair of the Assembly Standing Committee on Ways and Means or the Senate Standing Committee on Finance, as the case may be, is designated for the next regular session , [of the Legislature,] in which case that person so designated serves as the Chair of the Interim Finance Committee until the convening of that regular session.

     3.  If any regular member of the Interim Finance Committee informs the Secretary that the member will be unable to attend a particular meeting, the Secretary shall notify the Speaker of the Assembly or the Majority Leader of the Senate, as the case may be, to appoint an alternate for that meeting from the same House and political party as the absent member.

     4.  Except as otherwise provided in subsection 5, the term of a member of the Interim Finance Committee expires upon the convening of the next regular session [of the Legislature] unless the member is replaced by the appointing authority. If the Speaker designate of the Assembly or the Majority Leader designate of the Senate designates members of the Assembly Standing Committee on Ways and Means or the Senate Standing Committee on Finance, as applicable, for the next [ensuing] regular session , [of the Legislature,] the designated members become members of the Interim Finance Committee. A member may be reappointed.

     5.  The membership of any member who does not become a candidate for reelection or who is defeated for reelection terminates on the day next after the general election. The Speaker designate of the Assembly or the Majority Leader designate of the Senate, as the case may be, shall appoint an alternate to fill the vacancy on the Interim Finance Committee. Except as otherwise provided in this subsection, each alternate serves on the Interim Finance Committee:

 


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ê2011 Statutes of Nevada, Page 3220 (Chapter 498, AB 576)ê

 

     (a) If the alternate is a member of the Assembly, until the Speaker designate of the Assembly designates the members of the Assembly Standing Committee on Ways and Means for the next [ensuing] regular session [of the Legislature] or appoints a different alternate.

     (b) If the alternate is a member of the Senate, until the Majority Leader designate of the Senate designates the members of the Senate Standing Committee on Finance for the next [ensuing] regular session [of the Legislature] or appoints a different alternate.

     6.  The Director [of the Legislative Counsel Bureau] shall act as the Secretary of the Interim Finance Committee.

     7.  A majority of the members of the Assembly Standing Committee on Ways and Means and a majority of the members of the Senate Standing Committee on Finance, jointly, may call a meeting of the Interim Finance Committee if the Chair does not do so.

     8.  In all matters requiring action by the Interim Finance Committee, the vote of the Assembly members and the Senate members must be taken separately. No action may be taken unless it receives the affirmative vote of a majority of the Assembly members and a majority of the Senate members.

     9.  Except during a regular or special session [of the Legislature, each] , for each day or portion of a day during which a member of the Interim Finance Committee and appointed alternate attends a meeting of the Interim Finance Committee or is otherwise engaged in the business of the Interim Finance Committee, the member or appointed alternate is entitled to receive [the] :

     (a) The compensation provided for a majority of the [members of the Legislature] Legislators during the first 60 days of the preceding regular session [for each day or portion of a day during which the member or alternate attends a Committee meeting or is otherwise engaged in Committee work plus the] ;

     (b) The per diem allowance provided for state officers and employees generally ; and [the]

     (c) The travel expenses provided pursuant to NRS 218A.655.

     10.  All such compensation , per diem allowances and travel expenses must be paid from the Contingency Fund in the State Treasury.

     Sec. 168.  NRS 218E.405 is hereby amended to read as follows:

     218E.405  1.  Except as otherwise provided in subsection 2, the Interim Finance Committee may exercise the powers conferred upon it by law only when the Legislature is not in a regular or special session.

     2.  During a regular or special session, the Interim Finance Committee may also perform the duties imposed on it by subsection 5 of NRS 284.115, NRS 284.1729, subsection 2 of NRS 321.335, NRS 322.007, subsection 2 of NRS 323.020, NRS 323.050, subsection 1 of NRS 323.100, subsection 3 of NRS 341.090, NRS 341.142, subsection 6 of NRS 341.145, NRS 353.220, 353.224, 353.2705 to 353.2771, inclusive, 353.288, 353.335, 353C.226, paragraph (b) of subsection 4 of NRS 407.0762, NRS 428.375, 439.620, 439.630, 445B.830 and 538.650. In performing those duties, the Senate Standing Committee on Finance and the Assembly Standing Committee on Ways and Means may meet separately and transmit the results of their respective votes to the Chair of the Interim Finance Committee to determine the action of the Interim Finance Committee as a whole.

 


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ê2011 Statutes of Nevada, Page 3221 (Chapter 498, AB 576)ê

 

     3.  The Chair of the Interim Finance Committee may appoint a subcommittee consisting of six members of the Committee to review and make recommendations to the Committee on matters of the State Public Works Board that require prior approval of the Interim Finance Committee pursuant to subsection 3 of NRS 341.090, NRS 341.142 and subsection 6 of NRS 341.145. If the Chair appoints such a subcommittee:

     (a) The Chair shall designate one of the members of the subcommittee to serve as the chair of the subcommittee;

     (b) The subcommittee shall meet throughout the year at the times and places specified by the call of the chair of the subcommittee; and

     (c) The Director [of the Legislative Counsel Bureau] or the Director’s designee shall act as the nonvoting recording secretary of the subcommittee.

     Sec. 169.  NRS 218E.420 is hereby amended to read as follows:

     218E.420  1.  There is hereby created an Interim Retirement and Benefits Committee of the Legislature to [review] :

     (a) Review the operation of the Public Employees’ Retirement System, the Judicial Retirement System established pursuant to chapter 1A of NRS and the Public Employees’ Benefits Program ; and [to make]

     (b) Make recommendations to the Public Employees’ Retirement Board and the Board of the Public Employees’ Benefits Program, the Legislative Commission and the Legislature.

     2.  The Interim Retirement and Benefits Committee consists of six members appointed as follows:

     (a) Three members of the Senate, one of whom is the Chair of the Committee on Finance during the preceding regular session and two of whom are appointed by the Majority Leader of the Senate.

     (b) Three members of the Assembly, one of whom is the Chair of the Committee on Ways and Means during the preceding regular session and two of whom are appointed by the Speaker of the Assembly.

     [2.] 3.  The Legislative Commission shall review and approve the budget and work program for the Committee and any changes to the budget or work program.

     [3.] 4.  The immediate past Chair of the Senate Standing Committee on Finance is the Chair of the Interim Retirement and Benefits Committee for the period ending with the convening of each odd-numbered regular session . [of the Legislature.] The immediate past Chair of the Assembly Standing Committee on Ways and Means is the Chair of the Interim Retirement and Benefits Committee during the next legislative interim, and the position of Chair alternates between the Houses [of the Legislature] according to this pattern.

     [4.] 5.  The Interim Retirement and Benefits Committee may exercise the powers conferred on it by law only when the Legislature is not in a regular or special session and shall meet at the call of the Chair.

     [5.] 6.  The Director [of the Legislative Counsel Bureau] shall provide a Secretary for the Interim Retirement and Benefits Committee.

     [6.  The]

     7.  For each day or portion of a day during which members of the Interim Retirement and Benefits Committee attend a meeting of the Interim Retirement and Benefits Committee or are otherwise engaged in the business of the Interim Retirement and Benefits Committee, the members are entitled to receive [the] :

 


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ê2011 Statutes of Nevada, Page 3222 (Chapter 498, AB 576)ê

 

     (a) The compensation provided for a majority of the [members of the Legislature] Legislators during the first 60 days of the preceding regular session [, the] ;

     (b) The per diem allowance provided for state officers and employees generally ; and [the]

     (c) The travel expenses provided [by] pursuant to NRS 218A.655 . [for each day of attendance at a meeting of the Committee and while engaged in the business of the Committee. Per diem allowances,]

     8.  All such compensation , per diem allowances and travel expenses [of the members of the Committee] must be paid from the Legislative Fund.

     Sec. 170.  NRS 218E.435 is hereby amended to read as follows:

     218E.435  As used in NRS 218E.435 to 218E.460, inclusive, unless the context otherwise requires, “committee” means a legislative committee for the fundamental review of the base budgets of state agencies.

     Sec. 171.  NRS 218E.440 is hereby amended to read as follows:

     218E.440  1.  If:

     (a) The Legislature, by concurrent resolution, during a regular [legislative] session; or

     (b) The Interim Finance Committee, by resolution, while the Legislature is not in a regular session,

Ê determines that the performance of a fundamental review of the base budget of a particular agency is necessary, the Interim Finance Committee shall create a legislative committee for the fundamental review of the base budgets of state agencies.

     2.  The Interim Finance Committee [may] :

     (a) May create more than one such committee if the number of agencies designated for review warrants additional committees [. If] ; and

     (b) If more than one such committee is created, [the Interim Finance Committee] shall determine which agencies are to be reviewed by the respective committees.

     [2.  Each]

     3.  For each such committee [must consist of an equal number of members of the Senate and the Assembly. The] , the Interim Finance Committee shall [appoint] :

     (a) Appoint all the members [of a committee. At] ;

     (b) Appoint an equal number of members from the Senate and the Assembly;

     (c) Appoint at least a majority of the members [of a committee must be members of] from the Interim Finance Committee [. The Interim Finance Committee shall designate] ; and

     (d) Designate the chair . [of a committee.

     3.] 4.  Any member of a committee who is not a candidate for reelection or who is defeated for reelection continues to serve after the general election until the next regular or special session [of the Legislature] convenes.

     [4.] 5.  Vacancies on a committee must be filled in the same manner as original appointments.

     [5.] 6.  A majority of the members appointed to a committee constitutes a quorum.

 


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ê2011 Statutes of Nevada, Page 3223 (Chapter 498, AB 576)ê

 

     [6.] 7.  The Director [of the Legislative Counsel Bureau] shall assign employees of the Legislative Counsel Bureau to provide such technical, clerical and operational assistance to a committee as the functions and operations of the committee may require.

     Sec. 172.  NRS 218E.445 is hereby amended to read as follows:

     218E.445  1.  The members of a committee shall meet throughout each year at the times and places specified by a call of the Chair or a majority of the committee. The Director [of the Legislative Counsel Bureau or a person he or she has designated] or the Director’s designee shall act as the nonvoting recording Secretary.

     2.  Except during a regular or special session [of the Legislature, members of a committee are] , for each day or portion of a day during which a member of a committee attends a meeting of the committee or is otherwise engaged in the business of the committee, the member is entitled to receive [the] :

     (a) The compensation provided for a majority of the [members of the Legislature] Legislators during the first 60 days of the preceding regular session [for each day or portion of a day during which the member attends a meeting of the committee or is otherwise engaged in the business of the committee plus the] ;

     (b) The per diem allowance provided for state officers and employees generally ; and [the]

     (c) The travel expenses provided pursuant to NRS 218A.655.

     3.  [The salaries and] All such compensation, per diem allowances and travel expenses [of a committee] must be paid from the Legislative Fund.

     Sec. 173.  NRS 218E.450 is hereby amended to read as follows:

     218E.450  1.  A committee shall, during the legislative interim, perform a fundamental review of the base budget of each state agency assigned to it for review.

     2.  A committee may request the state agency under review and any other agency to submit information, analyses and reports which are pertinent to the reviews conducted pursuant to this section. Each agency of the State shall cooperate fully and provide the material requested within the period specified by a committee.

     3.  A committee shall, before the convening of the next regular session , [of the Legislature,] transmit a report of each review conducted pursuant to this section, and any related recommendations, to the Interim Finance Committee and the Legislative Commission.

     Sec. 174.  NRS 218E.455 is hereby amended to read as follows:

     218E.455  1.  In conducting the investigations and hearings of a committee:

     (a) The secretary of the committee or, in the secretary’s absence, any member designated by the committee may administer oaths.

     (b) The secretary or chair of the committee may cause the deposition of witnesses, residing either within or [outside of] without the State, to be taken in the manner prescribed by rule of court for taking depositions in civil actions in the district courts.

     (c) The chair of the committee may issue subpoenas to compel the attendance and testimony of witnesses and the production of books , papers, accounts, department records and [papers.] other documents.

 


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     2.  If any witness fails or refuses to attend or testify or to produce [any books and papers as] the books, papers, accounts, department records or other documents required by the subpoena, the chair of the committee may report the failure or refusal to the district court by a petition [, setting] which:

     (a) Sets forth that:

     [(a)] (1) Due notice has been given of the time and place of the attendance of the witness or the production of the required books [and papers;

     (b)] , papers, accounts, department records or other documents;

           (2) The witness has been subpoenaed by the committee pursuant to this section; and

     [(c)] (3) The witness has failed or refused to attend or testify or to produce the books , [and] papers , accounts, department records or other documents required by the subpoena before the committee [which is] named in the subpoena [, or has refused to answer questions propounded to the witness,

Ê and asking] ; and

     (b) Asks for an order of the court compelling the witness to attend and testify or to produce the required books , [and] papers , accounts, department records or other documents before the committee.

     3.  Upon such a petition, the court shall [enter] :

     (a) Enter an order directing the witness [to] :

           (1) To appear before the court at a time and place to be fixed by the court in its order, the time to be not more than 10 days after the date of the order [,] ; and [to]

           (2) To show cause why the witness has not attended or testified or produced the required books , [or] papers , accounts, department records or other documents before the committee [. A] ; and

     (b) Serve a certified copy of the order [must be served] upon the witness.

     4.  If it appears to the court that the subpoena was regularly issued by the committee, the court shall enter an order that the witness :

     (a) Must appear before the committee at the time and place fixed in the order [and] ;

     (b) Must testify or produce the required books [or papers. Failure] , papers, accounts, department records or other documents; and

     (c) Upon failure to obey the order [constitutes] , must be dealt with as for contempt of court.

     Sec. 175.  NRS 218E.505 is hereby amended to read as follows:

     218E.505  As used in NRS 218E.500 to 218E.535, inclusive, unless the context otherwise requires, “Committee” means the Legislative Committee on Public Lands.

     Sec. 176.  NRS 218E.510 is hereby amended to read as follows:

     218E.510  1.  There is hereby established a Legislative Committee on Public Lands consisting of four members of the Senate, four members of the Assembly and one elected officer representing the governing body of a local political subdivision, appointed by the Legislative Commission with appropriate regard for their experience with and knowledge of matters relating to public lands. The members who are [State] Legislators must be appointed to provide representation from the various geographical regions of the State.

 


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ê2011 Statutes of Nevada, Page 3225 (Chapter 498, AB 576)ê

 

     2.  The Legislative Commission shall review and approve the budget and work program for the Committee and any changes to the budget or work program.

     3.  The members of the Committee shall select a Chair from one House [of the Legislature] and a Vice Chair from the other [.] House. Each [such officer shall hold] Chair and Vice Chair holds office for a term of 2 years commencing on July 1 of each odd-numbered year. If a vacancy occurs in the office of Chair or Vice Chair, the members of the Committee shall select a replacement for the remainder of the unexpired term.

     4.  Any member of the Committee who is not a candidate for reelection or who is defeated for reelection continues to serve after the general election until the next regular or special session [of the Legislature] convenes.

     5.  Vacancies on the Committee must be filled in the same manner as original appointments.

     6.  The Legislative Commission may appoint alternates for members of the Committee. The Chair of the Committee [may] :

     (a) May designate an alternate appointed by the Legislative Commission to serve in place of a regular member who is unable to attend a meeting [. The Chair shall] ; and

     (b) Shall appoint an alternate who is a member of the same House and political party as the regular member to serve in place of the regular member if one is available.

     Sec. 177.  NRS 218E.515 is hereby amended to read as follows:

     218E.515  1.  Except as otherwise ordered by the Legislative Commission, the members of the Committee shall meet not earlier than November 1 of each odd-numbered year and not later than August 31 of the following even-numbered year at the times and places specified by a call of the Chair or a majority of the Committee.

     2.  The Research Director [of the Legislative Counsel Bureau or a person he or she has designated] or the Research Director’s designee shall act as the nonvoting recording Secretary.

     3.  The Committee shall prescribe rules for its own management and government.

     4.  Five members of the Committee constitute a quorum, and a quorum may exercise all the power and authority conferred on the Committee.

     5.  Except during a regular or special session [of the Legislature, the] , for each day or portion of a day during which members of the Committee who are [State] Legislators attend a meeting of the Committee or are otherwise engaged in the business of the Committee, the members are entitled to receive [the] :

     (a) The compensation provided for a majority of the [members of the Legislature] Legislators during the first 60 days of the preceding regular session [, the] ;

     (b) The per diem allowance provided for state officers and employees generally ; and [the]

     (c) The travel expenses provided pursuant to NRS 218A.655 . [for each day of attendance at a meeting of the Committee and while engaged in the business of the Committee. Per diem allowances,]

     6.  All such compensation , per diem allowances and travel expenses [of the legislative members of the Committee] must be paid from the Legislative Fund.

 


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ê2011 Statutes of Nevada, Page 3226 (Chapter 498, AB 576)ê

 

     [6.] 7.  The member of the Committee who represents a local political subdivision is entitled to receive the subsistence allowances and travel expenses provided by law for his or her position for each day of attendance at a meeting of the Committee and while engaged in the business of the Committee, to be paid by the local political subdivision.

     Sec. 178.  NRS 218E.525 is hereby amended to read as follows:

     218E.525  1.  The Committee shall:

     (a) Actively support the efforts of state and local governments in the western states regarding public lands and state sovereignty as impaired by federal ownership of land.

     (b) Advance knowledge and understanding in local, regional and national forums of Nevada’s unique situation with respect to public lands.

     (c) Support legislation that will enhance state and local roles in the management of public lands and will increase the disposal of public lands.

     2.  The Committee:

     (a) Shall review the programs and activities of:

           (1) The Colorado River Commission of Nevada;

           (2) All public water authorities, districts and systems in the State of Nevada, including, without limitation, the Southern Nevada Water Authority, the Truckee Meadows Water Authority, the Virgin Valley Water District, the Carson Water Subconservancy District, the Humboldt River Basin Water Authority and the Truckee-Carson Irrigation District; and

           (3) All other public or private entities with which any county in the State has an agreement regarding the planning, development or distribution of water resources, or any combination thereof;

     (b) Shall, on or before January 15 of each odd-numbered year, submit to the Director [of the Legislative Counsel Bureau] for transmittal to the Legislature a report concerning the review conducted pursuant to paragraph (a); and

     (c) May review and comment on other issues relating to water resources in this State, including, without limitation:

           (1) The laws, regulations and policies regulating the use, allocation and management of water in this State; and

           (2) The status of existing information and studies relating to water use, surface water resources and groundwater resources in this State.

     Sec. 179.  NRS 218E.530 is hereby amended to read as follows:

     218E.530  1.  In conducting the investigations and hearings of the Committee:

     (a) The Secretary of the Committee [,] or , in the Secretary’s absence , any member of the Committee [,] may administer oaths.

     (b) The Secretary or Chair of the Committee may cause the deposition of witnesses, residing either within or without the State, to be taken in the manner prescribed by rule of court for taking depositions in civil actions in the district courts.

     (c) The Secretary or Chair of the Committee may issue subpoenas to compel the attendance and testimony of witnesses and the production of books , papers, accounts, department records and [papers.] other documents.

 


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ê2011 Statutes of Nevada, Page 3227 (Chapter 498, AB 576)ê

 

     2.  If any witness fails or refuses to attend or testify or to produce [any books and papers as] the books, papers, accounts, department records or other documents required by the subpoena, the Secretary or Chair of the Committee may report the failure or refusal to the district court by a petition [, setting] which:

     (a) Sets forth that:

     [(a)] (1) Due notice has been given of the time and place of the attendance of the witness or the production of the required books [and papers;

     (b)] , papers, accounts, department records or other documents;

     (2) The witness has been subpoenaed by the Committee pursuant to this section; and

     [(c)] (3) The witness has failed or refused to attend or testify or to produce the books , [and] papers , accounts, department records or other documents required by the subpoena before the Committee [which is] named in the subpoena [, or has refused to answer questions propounded to the witness,

Ê and asking] ; and

     (b) Asks for an order of the court compelling the witness to attend and testify or to produce the required books , [and] papers , accounts, department records or other documents before the Committee.

     3.  Upon such a petition, the court shall [enter] :

     (a) Enter an order directing the witness [to] :

           (1) To appear before the court at a time and place to be fixed by the court in its order, the time to be not more than 10 days [from] after the date of the order [, and then and there] ; and

           (2) To show cause why the witness has not attended or testified or produced the required books , [or] papers , accounts, department records or other documents before the Committee [. A] ; and

     (b) Serve a certified copy of the order [shall be served] upon the witness.

     4.  If it appears to the court that the subpoena was regularly issued by the Committee, the court shall enter an order that the witness :

     (a) Must appear before the Committee at the time and place fixed in the order [and] ;

     (b) Must testify or produce the required books , papers, accounts, department records or [papers, and upon] other documents; and

     (c) Upon failure to obey the order [the witness shall] , must be dealt with as for contempt of court.

     Sec. 180.  NRS 218E.535 is hereby amended to read as follows:

     218E.535  1.  Each witness who appears before the Committee by its order, except a state officer or employee, is entitled to receive for such attendance the fees and mileage provided for witnesses in civil cases in the courts of record of this State.

     2.  The fees and mileage [shall] must be audited and paid upon the presentation of proper claims sworn to by the witness and approved by the Secretary and Chair of the Committee.

     Sec. 181.  NRS 218E.555 is hereby amended to read as follows:

     218E.555  1.  There is hereby created the Legislative Committee for the Review and Oversight of the Tahoe Regional Planning Agency and the Marlette Lake Water System consisting of three members of the Senate and three members of the Assembly, appointed by the Legislative Commission with appropriate regard for their experience with and knowledge of matters relating to the management of natural resources.

 


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ê2011 Statutes of Nevada, Page 3228 (Chapter 498, AB 576)ê

 

three members of the Assembly, appointed by the Legislative Commission with appropriate regard for their experience with and knowledge of matters relating to the management of natural resources. The members must be appointed to provide representation from the various geographical regions of the State.

     2.  The Legislative Commission shall review and approve the budget and work program for the Committee and any changes to the budget or work program.

     3.  The members of the Committee shall elect a Chair from one House [of the Legislature] and a Vice Chair from the other House. Each Chair and Vice Chair holds office for a term of 2 years commencing on July 1 of each odd-numbered year.

     4.  Any member of the Committee who is not a candidate for reelection or who is defeated for reelection continues to serve after the general election until the next regular or special session [of the Legislature] convenes.

     5.  Vacancies on the Committee must be filled in the same manner as original appointments.

     6.  The Committee shall report annually to the Legislative Commission concerning its activities and any recommendations.

     Sec. 182.  NRS 218E.560 is hereby amended to read as follows:

     218E.560  1.  Except as otherwise ordered by the Legislative Commission, the members of the Committee shall meet not earlier than November 1 of each odd-numbered year and not later than August 31 of the following even-numbered year at the times and places specified by a call of the Chair or a majority of the Committee.

     2.  The Director [of the Legislative Counsel Bureau or a person he or she designates] or the Director’s designee shall act as the nonvoting recording Secretary.

     3.  The Committee shall adopt rules for its own management and government.

     4.  Except as otherwise provided in subsection 5, four members of the Committee constitute a quorum [.] , and a quorum may exercise all the power and authority conferred on the Committee.

     5.  Any recommended legislation proposed by the Committee must be approved by a majority of the members of the Senate and by a majority of the members of the Assembly appointed to the Committee.

     6.  [Each member of the Committee, except] Except during a regular or special session [of the Legislature,] , for each day or portion of a day during which a member of the Committee attends a meeting or is otherwise engaged in the business of the Committee, the member is entitled to receive [the] :

     (a) The compensation provided for a majority of the [members of the Legislature] Legislators during the first 60 days of the preceding regular session [for each day or portion of a day during which the member attends a meeting of the Committee or is otherwise engaged in the business of the Committee plus the] ;

     (b) The per diem allowance provided for state officers and employees generally ; and [the]

     (c) The travel expenses provided pursuant to NRS 218A.655. [The salaries]

 


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ê2011 Statutes of Nevada, Page 3229 (Chapter 498, AB 576)ê

 

     7.  All such compensation, per diem allowances and travel expenses [paid pursuant to this subsection] and any other expenses of the Committee must be paid from the Legislative Fund.

     Sec. 183.  NRS 218E.575 is hereby amended to read as follows:

     218E.575  1.  In conducting the investigations and hearings of the Committee:

     (a) Any member of the Committee may administer oaths.

     (b) The Chair of the Committee may cause the deposition of witnesses, residing either within or [outside of] without the State, to be taken in the manner prescribed by rule of court for taking depositions in civil actions in the district courts.

     (c) The Chair may issue subpoenas to compel the attendance and testimony of witnesses and the production of books, papers [or] , accounts, department records and other documents.

     2.  If [a] any witness fails or refuses to attend or testify or to produce the books, papers , accounts, department records or other documents [as] required by the subpoena, the Chair may report the failure or refusal to the district court by a petition [, setting forth:

     (a) That due] which:

     (a) Sets forth that:

           (1) Due notice has been given of the time and place of the attendance of the witness or the production of the required books, papers , accounts, department records or other documents;

     [(b) That the]

           (2) The witness has been subpoenaed by the Committee pursuant to this section; and

     [(c) That the]

           (3) The witness has failed or refused to attend or testify or to produce the books, papers , accounts, department records or other documents required by the subpoena before the Committee [that is] named in the subpoena [, or has refused to answer questions propounded to the witness,

Ê and asking] ; and

     (b) Asks for an order of the court compelling the witness to attend and testify or to produce the required books, papers , accounts, department records or other documents before the Committee.

     3.  Upon such a petition, the court shall [enter] :

     (a) Enter an order directing the witness [to] :

           (1) To appear before the court at a time and place to be fixed by the court in its order, the time to be not more than 10 days after the date of the order [, and to] ; and

           (2) To show cause why the witness has not attended or testified or produced the books, papers , accounts, department records or other documents before the Committee [. A] ; and

     (b) Serve a certified copy of the order [must be served] upon the witness.

     4.  If it appears to the court that the subpoena was regularly issued by the Committee, the court shall enter an order that the witness :

     (a) Must appear before the Committee at the time and place fixed in the order [and] ;

     (b) Must testify or produce the required books, papers , accounts, department records or other documents [. Failure] ; and

 


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ê2011 Statutes of Nevada, Page 3230 (Chapter 498, AB 576)ê

 

     (c) Upon failure to obey the order [constitutes] , must be dealt with as for contempt of court.

     Sec. 184.  NRS 218E.605 is hereby amended to read as follows:

     218E.605  1.  The Legislative Committee on Education, consisting of eight legislative members, is hereby created. The membership of the Committee consists of:

     (a) Four members appointed by the Majority Leader of the Senate, at least one of whom must be a member of the minority political party.

     (b) Four members appointed by the Speaker of the Assembly, at least one of whom must be a member of the minority political party.

     2.  The Legislative Commission shall review and approve the budget and work program for the Committee and any changes to the budget or work program.

     3.  The Legislative Commission shall select the Chair and Vice Chair of the Committee from among the members of the Committee. Each [of those officers holds the position] Chair and Vice Chair holds office for a term of 2 years commencing on July 1 of each odd-numbered year. The [position] office of Chair of the Committee must alternate each biennium between the Houses . [of the Legislature.] If a vacancy occurs in the office of Chair or Vice Chair, the vacancy must be filled in the same manner as the original selection for the remainder of the unexpired term.

     4.  A member of the Committee who is not a candidate for reelection or who is defeated for reelection continues to serve after the general election until the next regular or special session [of the Legislature] convenes.

     5.  A vacancy on the Committee must be filled in the same manner as the original appointment [.] for the remainder of the unexpired term.

     Sec. 185.  NRS 218E.610 is hereby amended to read as follows:

     218E.610  1.  Except as otherwise ordered by the Legislative Commission, the members of the Committee shall meet not earlier than November 1 of each odd-numbered year and not later than August 31 of the following even-numbered year at the times and places specified by a call of the Chair or a majority of the Committee.

     2.  The Director [of the Legislative Counsel Bureau or his or her] or the Director’s designee shall act as the nonvoting recording Secretary of the Committee.

     3.  Five members of the Committee constitute a quorum, and a quorum may exercise all the power and authority conferred on the Committee.

     4.  Except during a regular or special session , [of the Legislature,] for each day or portion of a day during which a member of the Committee attends a meeting of the Committee or is otherwise engaged in the [work] business of the Committee, the member is entitled to receive the:

     (a) Compensation provided for a majority of the [members of the Legislature] Legislators during the first 60 days of the preceding regular session;

     (b) Per diem allowance provided for state officers and employees generally; and

     (c) Travel expenses provided pursuant to NRS 218A.655.

[Ê The]

     5.  All such compensation, per diem allowances and travel expenses [of the members of the Committee] must be paid from the Legislative Fund.

 


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ê2011 Statutes of Nevada, Page 3231 (Chapter 498, AB 576)ê

 

     Sec. 186.  NRS 218E.620 is hereby amended to read as follows:

     218E.620  1.  If the Committee conducts investigations or holds hearings pursuant to paragraph (b) of subsection 1 of NRS 218E.615:

     (a) The Secretary of the Committee or, in the Secretary’s absence, a member designated by the Committee may administer oaths.

     (b) The Secretary or Chair of the Committee may cause the deposition of witnesses, residing either within or [outside of this] without the State, to be taken in the manner prescribed by rule of court for taking depositions in civil actions in the district courts.

     (c) The Chair of the Committee may issue subpoenas to compel the attendance and testimony of witnesses and the production of books , papers, accounts, department records and [papers.] other documents.

     2.  If [a] any witness fails or refuses to attend or testify or to produce the books , papers, accounts, department records or [papers as] other documents required by the subpoena, the Chair of the Committee may report the failure or refusal to the district court by a petition which [sets] :

     (a) Sets forth that:

     [(a)] (1) Due notice has been given of the time and place of the attendance of the witness or the production of the required books , papers, accounts, department records or [papers;

     (b)] other documents;

           (2) The witness has been subpoenaed by the Committee pursuant to this section; and

     [(c)] (3) The witness has failed or refused to attend or testify or to produce the books , [or] papers , accounts, department records or other documents required by the subpoena before the Committee [that is] named in the subpoena [, or has refused to answer questions propounded to the witness.

Ê The petition may request] ; and

     (b) Asks for an order of the court compelling the witness to attend and testify or to produce the required books , [and] papers , accounts, department records or other documents before the Committee.

     3.  Upon such a petition, the court shall [enter] :

     (a) Enter an order directing the witness [to] :

           (1) To appear before the court at a time and place to be fixed by the court in its order, the time to be not more than 10 days after the date of the order [, and to] ; and

           (2) To show cause why the witness has not attended or testified or produced the required books , [or] papers , accounts, department records or other documents before the Committee [. A] ; and

     (b) Serve a certified copy of the order [must be served] upon the witness.

     4.  If it appears to the court that the subpoena was regularly issued by the Committee, the court shall enter an order that the witness :

     (a) Must appear before the Committee at the time and place fixed in the order [and] ;

     (b) Must testify or produce the required books , papers, accounts, department records or [papers. Failure] other documents; and

     (c) Upon failure to obey the order [constitutes] , must be dealt with as for contempt of court.

 


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ê2011 Statutes of Nevada, Page 3232 (Chapter 498, AB 576)ê

 

     Sec. 187.  NRS 218E.625 is hereby amended to read as follows:

     218E.625  1.  The Legislative Bureau of Educational Accountability and Program Evaluation is hereby created within the Fiscal Analysis Division . [of the Legislative Counsel Bureau.] The Fiscal Analysts shall appoint to the Legislative Bureau of Educational Accountability and Program Evaluation a Chief and such other personnel as the Fiscal Analysts determine are necessary for the Bureau to carry out its duties pursuant to this section.

     2.  The Bureau shall, as the Fiscal Analysts determine is necessary or at the request of the Committee:

     (a) Collect and analyze data and issue written reports concerning:

           (1) The effectiveness of the provisions of NRS 385.3455 to 385.391, inclusive, in improving the accountability of the schools of this State;

           (2) The statewide program to reduce the ratio of pupils per class per licensed teacher prescribed in NRS 388.700, 388.710 and 388.720;

           (3) The statewide program to educate persons with disabilities that is set forth in chapter 395 of NRS;

           (4) The results of the examinations of the National Assessment of Educational Progress that are administered pursuant to NRS 389.012; and

           (5) Any program or legislative measure, the purpose of which is to reform the system of education within this State.

     (b) Conduct studies and analyses to evaluate the performance and progress of the system of public education within this State. Such studies and analyses may be conducted:

           (1) As the Fiscal Analysts determine are necessary; or

           (2) At the request of the Legislature.

Ê This paragraph does not prohibit the Bureau from contracting with a person or entity to conduct studies and analyses on behalf of the Bureau.

     (c) On or before December 31 of each even-numbered year, submit a written report of its findings pursuant to paragraphs (a) and (b) to the Director [of the Legislative Counsel Bureau] for transmission to the next regular session . [of the Legislature.] The Bureau shall, on or before December 31 of each odd-numbered year, submit a written report of its findings pursuant to paragraphs (a) and (b) to the Director [of the Legislative Counsel Bureau] for transmission to the Legislative Commission.

     3.  The Bureau may, pursuant to NRS 218F.620, require a school, a school district, the Nevada System of Higher Education or the Department of Education to submit to the Bureau books, papers, records and other information that the Chief of the Bureau determines are necessary to carry out the duties of the Bureau pursuant to this section. An entity whom the Bureau requests to produce records or other information shall provide the records or other information in any readily available format specified by the Bureau.

     4.  Except as otherwise provided in this subsection [or] and NRS 239.0115, any information obtained by the Bureau pursuant to this section shall be deemed a work product that is confidential pursuant to NRS 218F.150. The Bureau may, at the discretion of the Chief and after submission to the Legislature or Legislative Commission, as appropriate, publish reports of its findings pursuant to paragraphs (a) and (b) of subsection 2.

     5.  This section does not prohibit the Department of Education or the State Board of Education from conducting analyses, submitting reports or otherwise reviewing educational programs in this State.

 


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     Sec. 188.  NRS 218E.705 is hereby amended to read as follows:

     218E.705  1.  The Legislative Committee on Child Welfare and Juvenile Justice is hereby created. The membership of the Committee consists of three members of the Senate and three members of the Assembly, appointed by the Legislative Commission.

     2.  The Legislative Commission shall review and approve the budget and work program for the Committee and any changes to the budget or work program.

     3.  The Legislative Commission shall select the Chair and Vice Chair of the Committee from among the members of the Committee. After the initial selection [of those officers, each of those officers holds the position] , each Chair and Vice Chair holds office for a term of 2 years commencing on July 1 of each odd-numbered year. The [position] office of Chair of the Committee must alternate each biennium between the Houses . [of the Legislature.] If a vacancy occurs in the [position] office of Chair or Vice Chair, the vacancy must be filled in the same manner as the original selection for the remainder of the unexpired term.

     4.  A member of the Committee who is not a candidate for reelection or who is defeated for reelection continues to serve after the general election until the next regular or special session [of the Legislature] convenes.

     5.  A vacancy on the Committee must be filled in the same manner as the original appointment [.] for the remainder of the unexpired term.

     Sec. 189.  NRS 218E.710 is hereby amended to read as follows:

     218E.710  1.  Except as otherwise ordered by the Legislative Commission, the members of the Committee shall meet not earlier than November 1 of each odd-numbered year and not later than August 31 of the following even-numbered year at the times and places specified by a call of the Chair or a majority of the Committee.

     2.  The Director [of the Legislative Counsel Bureau or his or her] or the Director’s designee shall act as the nonvoting recording Secretary of the Committee.

     3.  Four members of the Committee constitute a quorum, and a quorum may exercise all the power and authority conferred on the Committee.

     4.  Except during a regular or special session , [of the Legislature,] for each day or portion of a day during which a member of the Committee attends a meeting of the Committee or is otherwise engaged in the [work] business of the Committee, the member is entitled to receive the:

     (a) Compensation provided for a majority of the [members of the Legislature] Legislators during the first 60 days of the preceding regular session;

     (b) Per diem allowance provided for state officers and employees generally; and

     (c) Travel expenses provided pursuant to NRS 218A.655.

[Ê The]

     5.  All such compensation, per diem allowances and travel expenses [of the members of the Committee] must be paid from the Legislative Fund.

     Sec. 190.  NRS 218E.720 is hereby amended to read as follows:

     218E.720  1.  The Committee may:

     (a) Conduct investigations and hold hearings in connection with its duties pursuant to NRS 218E.715;

     (b) Request that the Legislative Counsel Bureau assist in the research, investigations, hearings and reviews of the Committee; and

 


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     (c) Propose recommended legislation concerning child welfare and juvenile justice to the Legislature.

     2.  The Committee shall, on or before January 15 of each odd-numbered year, submit to the Director [of the Legislative Counsel Bureau] for transmittal to the Legislature a report concerning the evaluation and review conducted pursuant to NRS 218E.715.

     Sec. 191.  NRS 218E.725 is hereby amended to read as follows:

     218E.725  1.  If the Committee conducts investigations or holds hearings pursuant to NRS 218E.720:

     (a) The Chair of the Committee or, in the Chair’s absence, a member designated by the Committee may administer oaths . [;]

     (b) The Chair of the Committee may cause the deposition of witnesses, residing either within or [outside of this] without the State, to be taken in the manner prescribed by rule of court for taking depositions in civil actions in the district courts . [; and]

     (c) The Chair of the Committee may issue subpoenas to compel the attendance and testimony of witnesses and the production of books , papers, accounts, department records and [papers.] other documents.

     2.  If any witness fails or refuses to attend or testify or to produce [any books and papers as] the books, papers, accounts, department records or other documents required by the subpoena, the Chair of the Committee may report the failure or refusal to the district court by a petition [, setting] which:

     (a) Sets forth that:

     [(a)] (1) Due notice has been given of the time and place of the attendance of the witness or the production of the required books [and papers;

     (b)] , papers, accounts, department records or other documents;

           (2) The witness has been subpoenaed by the Committee pursuant to this section; and

     [(c)] (3) The witness has failed or refused to attend or testify or to produce the books , [and] papers , accounts, department records or other documents required by the subpoena before the Committee [which is] named in the subpoena [, or has refused to answer questions propounded to the witness,

Ê and asking] ; and

     (b) Asks for an order of the court compelling the witness to attend and testify or to produce the required books , [and] papers , accounts, department records or other documents before the Committee.

     3.  Upon such petition, the court shall [enter] :

     (a) Enter an order directing the witness [to] :

           (1) To appear before the court at a time and place to be fixed by the court in its order, the time to be not more than 10 days after the date of the order [, and then and there] ; and

           (2) To show cause why the witness has not attended or testified or produced the required books , papers, accounts, department records or [papers] other documents before the Committee [. A] ; and

     (b) Serve a certified copy of the order [must be served] upon the witness.

     4.  If it appears to the court that the subpoena was regularly issued by the Committee, the court shall enter an order that the witness :

     (a) Must appear before the Committee at the time and place fixed in the order [and] ;

 


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     (b) Must testify or produce the required books , papers, accounts, department records or [papers, and upon] other documents; and

     (c) Upon failure to obey the order, [the witness shall] must be dealt with as for contempt of court.

     Sec. 192.  NRS 218E.750 is hereby amended to read as follows:

     218E.750  1.  The Legislative Committee on Senior Citizens, Veterans and Adults With Special Needs, consisting of six members, is hereby created. The membership of the Committee consists of:

     (a) Three members of the Senate appointed by the Majority Leader of the Senate, at least one of whom must be a member of the minority political party; and

     (b) Three members of the Assembly appointed by the Speaker of the Assembly, at least one of whom must be a member of the minority political party.

     2.  The Legislative Commission shall review and approve the budget and work program for the Committee and any changes to the budget or work program.

     3.  The Legislative Commission shall select the Chair and Vice Chair of the Committee from among the members of the Committee. After the initial selection [of those officers, each of those officers holds the position] , each Chair and Vice Chair holds office for a term of 2 years commencing on July 1 of each odd-numbered year. The [position] office of Chair of the Committee must alternate each biennium between the Houses . [of the Legislature.] If a vacancy occurs in the [position] office of Chair or Vice Chair, the vacancy must be filled in the same manner as the original selection for the remainder of the unexpired term.

     4.  A member of the Committee who is not a candidate for reelection or who is defeated for reelection continues to serve after the general election until the next regular or special session [of the Legislature] convenes.

     5.  A vacancy on the Committee must be filled in the same manner as the original appointment for the remainder of the unexpired term.

     Sec. 193.  NRS 218E.755 is hereby amended to read as follows:

     218E.755  1.  Except as otherwise ordered by the Legislative Commission, the members of the Committee shall meet not earlier than November 1 of each odd-numbered year and not later than August 31 of the following even-numbered year at the times and places specified by a call of the Chair or by a majority of the Committee.

     2.  The Director [of the Legislative Counsel Bureau or his or her] or the Director’s designee shall act as the nonvoting recording Secretary of the Committee.

     3.  Four members of the Committee constitute a quorum, and a quorum may exercise all the power and authority conferred on the Committee.

     4.  Except during a regular or special session , [of the Legislature,] for each day or portion of a day during which a member of the Committee attends a meeting of the Committee or is otherwise engaged in the [work] business of the Committee, the member is entitled to receive the:

     (a) Compensation provided for a majority of the [members of the Legislature] Legislators during the first 60 days of the preceding regular session;

     (b) Per diem allowance provided for state officers and employees generally; and

     (c) Travel expenses provided pursuant to NRS 218A.655.

 


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[Ê The]

     5.  All such compensation, per diem allowances and travel expenses [of the members of the Committee] must be paid from the Legislative Fund.

     Sec. 194.  NRS 218E.760 is hereby amended to read as follows:

     218E.760  1.  The Committee may review, study and comment upon issues relating to senior citizens, veterans and adults with special needs, including, without limitation:

     (a) Initiatives to ensure the financial and physical wellness of senior citizens, veterans and adults with special needs;

     (b) The abuse, neglect, isolation and exploitation of senior citizens and adults with special needs;

     (c) Public outreach and advocacy;

     (d) Programs for the provision of services to senior citizens, veterans and adults with special needs in this State and methods to enhance such programs to ensure that services are provided in the most appropriate setting;

     (e) Programs that provide services and care in the home which allow senior citizens to remain at home and live independently instead of in institutional care;

     (f) The availability of useful information and data as needed for the State of Nevada to effectively make decisions, plan budgets and monitor costs and outcomes of services provided to senior citizens, veterans and adults with special needs;

     (g) Laws relating to the appointment of a guardian and the improvement of laws for the protection of senior citizens and adults with special needs who have been appointed a guardian, including, without limitation, the improvement of investigations relating to guardianships and systems for monitoring guardianships; and

     (h) The improvement of facilities for long-term care in this State, including, without limitation:

           (1) Reducing the number of persons placed in facilities for long-term care located outside this State;

           (2) Creating units for acute care and long-term care to treat persons suffering from dementia who exhibit behavioral problems;

           (3) Developing alternatives to placement in facilities for long-term care, including, without limitation, units for long-term care located in other types of facilities, and ensuring that such alternatives are available throughout this State for the treatment of persons with psychological needs; and

           (4) Creating a program to provide follow-up care and to track the ongoing progress of residents of facilities for long-term care.

     2.  The Committee may:

     (a) Review, study and comment upon matters relating to senior citizens, veterans and adults with special needs;

     (b) Conduct investigations and hold hearings in connection with its duties pursuant to this section;

     (c) Request that the Legislative Counsel Bureau assist in the research, investigations, hearings and studies of the Committee; and

     (d) Make recommendations to the Legislature concerning senior citizens, veterans and adults with special needs.

 


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     3.  The Committee shall, on or before January 15 of each odd-numbered year, submit to the Director [of the Legislative Counsel Bureau] for transmittal to the next regular session [of the Legislature] a report concerning the study conducted pursuant to subsection 1.

     4.  As used in this section, “facility for long-term care” has the meaning ascribed to it in NRS 427A.028.

     Sec. 195.  NRS 218E.765 is hereby amended to read as follows:

     218E.765  1.  If the Committee conducts investigations or holds hearings pursuant to NRS 218E.760:

     (a) The Secretary of the Committee or, in the Secretary’s absence, a member designated by the Committee may administer oaths.

     (b) The Chair of the Committee may cause the deposition of witnesses, residing either within or [outside this] without the State, to be taken in the manner prescribed by rule of court for taking depositions in civil actions in the district courts.

     (c) The Chair of the Committee may issue subpoenas to compel the attendance and testimony of witnesses and the production of books , papers, accounts, department records and [papers.] other documents.

     2.  If [a] any witness fails or refuses to attend or testify or to produce the books , papers, accounts, department records or [papers as] other documents required by the subpoena, the Chair of the Committee may report the failure or refusal to the district court by a petition which [sets] :

     (a) Sets forth that:

     [(a)] (1) Due notice has been given of the time and place of the attendance of the witness or the production of the books , papers, accounts, department records or [papers;

     (b)] other documents;

           (2) The witness has been subpoenaed by the Committee pursuant to this section; and

     [(c)] (3) The witness has failed or refused to attend or testify or to produce the books , [or] papers , accounts, department records or other documents required by the subpoena before the Committee [that is] named in the subpoena [, or has refused to answer questions propounded to the witness.

Ê The petition may request] ; and

     (b) Asks for an order of the court compelling the witness to attend and testify or to produce the required books , [and] papers , accounts, department records or other documents before the Committee.

     3.  Upon such a petition, the court shall [enter] :

     (a) Enter an order directing the witness [to] :

           (1) To appear before the court at a time and place to be fixed by the court in its order, the time to be not more than 10 days after the date of the order [, and to] ; and

           (2) To show cause why the witness has not attended or testified or produced the required books , [or] papers , accounts, department records or other documents before the Committee [. A] ; and

     (b) Serve a certified copy of the order [must be served] upon the witness.

     4.  If it appears to the court that the subpoena was regularly issued by the Committee, the court shall enter an order that the witness :

 


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     (a) Must appear before the Committee at the time and place fixed in the order [and] ;

     (b) Must testify or produce the required books , papers, accounts, department records or [papers. Failure] other documents; and

     (c) Upon failure to obey the order [constitutes] , must be dealt with as for contempt of court.

     Sec. 196.  NRS 218F.020 is hereby amended to read as follows:

     218F.020  As used in this chapter, unless the context otherwise requires, “agency of the State” includes all offices, departments, boards, commissions and institutions of the State.

     Sec. 197.  NRS 218F.110 is hereby amended to read as follows:

     218F.110  1.  The Director [of the Legislative Counsel Bureau,] serves as the executive head of the Legislative Counsel Bureau [,] and shall direct and supervise all of its administrative and technical activities. The [Fiscal Analysts, Legislative Auditor, Research Director and] chiefs of the divisions of the Legislative Counsel Bureau shall perform the respective duties assigned to them by law under the administrative supervision of the Director.

     2.  The Director [of the Legislative Counsel Bureau] shall, consistent with the budget approved by the Legislative Commission and within the limits of legislative appropriations and other available funds, employ and fix the salaries of or contract for the services of such professional, technical, clerical and operational personnel and consultants as the execution of the Director’s duties and the operation of the Legislative Counsel Bureau may require.

     3.  All of the personnel of the Legislative Counsel Bureau are [exempt] :

     (a) Exempt from the provisions of chapter 284 of NRS. [They are entitled]

     (b) Entitled to such leaves of absence as the Legislative Commission shall prescribe.

     Sec. 198.  NRS 218F.120 is hereby amended to read as follows:

     218F.120  1.  Notwithstanding the provisions of NRS [218A.530 and 218A.560,] 218A.510 and 218A.540, between regular sessions , [of the Legislature,] the Director , [of the Legislative Counsel Bureau,] with the approval of the Legislative Commission, may appoint such technical, clerical and operational staff as the functions and operations of the Legislature may require.

     2.  Salaries and related costs must be paid from the Legislative Fund.

     Sec. 199.  NRS 218F.150 is hereby amended to read as follows:

     218F.150  1.  The Director [,] and other officers and employees of the Legislative Counsel Bureau shall not:

     (a) Oppose or urge legislation, except as the duties of the Director, the Legislative Auditor, the Legislative Counsel, the Research Director and the Fiscal Analysts require them to make recommendations to the Legislature.

     (b) Except as otherwise provided in this section, NRS 218D.130, 218D.135, 218D.250 and 353.211, disclose to any person outside the Legislative Counsel Bureau the contents or nature of any matter, unless the person entrusting the matter to the Legislative Counsel Bureau so requests or consents.

 


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     2.  The nature or content of any work previously done by the [personnel] officers and employees of the Research Division [of the Legislative Counsel Bureau] may be disclosed if or to the extent that the disclosure does not reveal the identity of the person who requested it or include any material submitted by the requester which has not been published or publicly disclosed.

     3.  The nature and content of the work product of the officers and employees of the Legal Division and the Fiscal Analysis [Divisions is] Division are confidential and not subject to subpoena only if at the time of creation a representation of confidentiality is made.

     [3.] 4.  When a statute has been enacted or a resolution adopted, the Legislative Counsel shall upon request disclose to any person the state or other jurisdiction from whose law it appears to have been adopted.

     [4.] 5.  The records of the travel expenses of Legislators and officers and employees of the Legislature and the Legislative Counsel Bureau are available for public inspection at such reasonable hours and under such other conditions as the Legislative Commission prescribes.

     Sec. 200.  NRS 218F.200 is hereby amended to read as follows:

     218F.200  1.  Money to carry out the functions of the Legislative Counsel Bureau must be provided by legislative appropriation from the State General Fund to the Legislative Fund.

     2.  All claims must be approved by the Director [of the Legislative Counsel Bureau or his or her] or the Director’s designee before they are paid.

     Sec. 201.  NRS 218F.210 is hereby amended to read as follows:

     218F.210  1.  A Special Account for Intergovernmental Activities is hereby created.

     2.  The Director [of the Legislative Counsel Bureau] shall deposit all money which the Director receives as contributions for intergovernmental activities into the Account.

     3.  The money in the Account may only be used for intergovernmental activities.

     4.  Each use for the money must be authorized by the Legislative Commission and each check must be signed by the Chair of the Legislative Commission or [his or her] the Chair’s designee and the Director [of the Legislative Counsel Bureau or his or her] or the Director’s designee.

     Sec. 202.  NRS 218F.220 is hereby amended to read as follows:

     218F.220  1.  A petty cash account of the Legislative Counsel Bureau is hereby created:

     (a) For each building in which offices of employees of the Legislative Counsel Bureau are located; and

     (b) In any division approved for the sale of souvenirs pursuant to NRS 218F.430,

Ê in the sum of not more than $1,000 each for the minor expenses of the Legislative Counsel Bureau.

     2.  Each account must be kept in the custody of an employee designated by the Director [of the Legislative Counsel Bureau] and must be replenished periodically from the Legislative Fund upon approval of expenditures and submission of vouchers or other documents to indicate payment.

 


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     Sec. 203.  NRS 218F.230 is hereby amended to read as follows:

     218F.230  1.  The Legislative Counsel Bureau shall maintain a checking account in any qualified bank or credit union for the purposes of [providing] :

     (a) Providing advance money and reimbursement to Legislators and officers and employees for travel expenses [, paying] ;

     (b) Paying the salaries of persons on the payroll of the Legislative [Branch of Government,] Department and any related payroll costs [,] ; and

     (c) Paying other expenses which may or must be paid from the Legislative Fund and any other expenses directed by the Legislative Commission.

     2.  The checking account must be secured by a depository bond to the extent the account is not insured by the Federal Deposit Insurance Corporation, the National Credit Union Share Insurance Fund or a private insurer approved pursuant to NRS 678.755.

     3.  All checks written on [this] the checking account must be signed by the Chair of the Legislative Commission and the Director [of the Legislative Counsel Bureau or his or her] or the Director’s designee, except that during a regular session , [of the Legislature,] the Majority Leader of the Senate and the Speaker of the Assembly shall sign the checks.

     [2.] 4.  A request for advance money for travel constitutes a lien in favor of the Legislative Fund upon the accrued salary, subsistence allowance and travel expenses of the Legislator or officer or employee in an amount equal to the sum advanced.

     [3.  The]

     5.  A Legislator or officer or employee [is] who receives advance money for travel:

     (a) Is entitled to receive upon request any authorized travel expenses in excess of the amount advanced. [The Legislator or employee shall]

     (b) Shall reimburse the Legislative Fund any amount advanced that is not used for reimbursable travel expenses.

     Sec. 204.  NRS 218F.300 is hereby amended to read as follows:

     218F.300  1.  All administrative services necessary to the operation of the Legislature during and between regular and special sessions [shall] must be provided by the Legislative Counsel Bureau at the expense of the Legislative Fund.

     2.  The Legislative Counsel Bureau shall be responsible for the care, custody, acquisition and inventory of legislative supplies, furniture, artwork and equipment between regular sessions . [of the Legislature.]

     3.  At the beginning of each regular session, the Director [of the Legislative Counsel Bureau] shall submit a report to the Legislature detailing all supplies, furniture and equipment acquired to meet the needs of the [current] regular session and detailing all supplies, furniture and equipment on hand.

     Sec. 205.  NRS 218F.310 is hereby amended to read as follows:

     218F.310  1.  Except as otherwise provided in this section, the Legislative Counsel Bureau shall recycle or cause to be recycled the paper and paper products it uses. This subsection does not apply to confidential documents if there is an additional cost for recycling those documents.

     2.  The Director [of the Legislative Counsel Bureau] may apply to the Legislative Commission for a waiver from the requirements of subsection 1. The Legislative Commission shall grant a waiver if it determines that the cost to recycle or cause to be recycled the paper and paper products used by the Legislative Counsel Bureau is unreasonable and would place an undue burden on the operations of the Legislative Counsel Bureau.

 


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cost to recycle or cause to be recycled the paper and paper products used by the Legislative Counsel Bureau is unreasonable and would place an undue burden on the operations of the Legislative Counsel Bureau.

     3.  The Legislative Commission shall, after consulting with the State Department of Conservation and Natural Resources, adopt regulations which prescribe the procedure for the disposition of the paper and paper products to be recycled. The Legislative Commission may prescribe a procedure for the recycling of other waste materials produced on the premises of the Legislative Building.

     4.  Any money received by the Legislative Counsel Bureau for recycling or causing to be recycled the paper and paper products it uses must be paid by the Director [of the Legislative Counsel Bureau] to the State Treasurer for credit to the State General Fund.

     5.  As used in this section:

     (a) “Paper” includes newspaper, high-grade office paper, fine paper, bond paper, offset paper, xerographic paper, mimeo paper, duplicator paper and any other cellulosic material which contains not more than 10 percent by weight or volume of a noncellulosic material, including, but not limited to, a laminate, binder, coating and saturant.

     (b) “Paper product” means any paper article or commodity, including, but not limited to, paper napkins, towels, cardboard, construction material, paper and any other cellulosic material which contains not more than 10 percent by weight or volume of a noncellulosic material, including, but not limited to, a laminate, binder, coating and saturant.

     Sec. 206.  NRS 218F.320 is hereby amended to read as follows:

     218F.320  1.  The Legislative Counsel Bureau may contract for the establishment of an on-site child care facility for children of employees of the Legislative [Branch of Government.] Department. No money appropriated to the Legislative Fund or the Legislative Counsel Bureau may be used to pay the cost of establishing and operating the facility.

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

     3.  The Legislative Counsel Bureau may use the property described in NRS 331.135 for a child care facility established pursuant to this section.

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

     Sec. 207.  NRS 218F.400 is hereby amended to read as follows:

     218F.400  1.  The Legislative Counsel Bureau shall compile and publish a Legislative Manual containing information concerning the Legislature and other information appropriate for Legislators.

     2.  The costs of compilation and publication [shall] must be paid from the Legislative Fund.

     Sec. 208.  NRS 218F.410 is hereby amended to read as follows:

     218F.410  The Director [of the Legislative Counsel Bureau] may fix reasonable fees for the sale of studies, audit reports, bulletins and miscellaneous materials of the Legislative Counsel Bureau, and those fees must be deposited with the State Treasurer for credit to the Legislative Fund.

     Sec. 209.  NRS 218F.420 is hereby amended to read as follows:

     218F.420  1.  With the approval of the Legislative Commission, the Legislative Counsel may compile and publish manuals or handbooks containing selected portions of Nevada Revised Statutes.

 


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     2.  Such manuals and handbooks must be sold at a price fixed by the Director , [of the Legislative Counsel Bureau] and all money received for the sale of such publications must be deposited in the Legislative Fund in the State Treasury.

     Sec. 210.  NRS 218F.440 is hereby amended to read as follows:

     218F.440  1.  The Director [of the Legislative Counsel Bureau] may:

     (a) Upon the request of any person, government, governmental agency or political subdivision, conduct searches by computer of the text of the publications of the Legislative Counsel Bureau and any other information the Director deems appropriate which may be accessible by a computer operated by the Legislative Counsel Bureau.

     (b) Make any information described in paragraph (a) available for access by computer to any person, government, governmental agency or political subdivision.

     2.  The Director shall prescribe a reasonable fee for these services.

     Sec. 211.  NRS 218F.510 is hereby amended to read as follows:

     218F.510  1.  The Chief of the Administrative Division is ex officio Legislative Fiscal Officer. As such Officer, the Chief shall keep a complete, accurate and adequate set of accounting records and reports for all legislative operations, including any records and reports required by the Federal Government for the administration of federal revenue and income tax laws.

     2.  The Chief shall [withhold] :

     (a) Withhold from the pay of each Legislator, employee of the Legislature and employee of the Legislative Counsel Bureau the amount of tax specified by the Federal Government ; and [shall transmit]

     (b) Transmit the amount deducted to the Internal Revenue Service of the United States Department of the Treasury.

     3.  The Chief shall, upon receipt of information from the Public Employees’ Benefits Program specifying amounts of premiums or contributions for coverage by the Program [, withhold] :

     (a) Withhold from the pay of each employee of the Legislature and employee of the Legislative Counsel Bureau who participates in the Public Employees’ Benefits Program those amounts ; and [pay]

     (b) Pay those amounts to the Program.

     4.  The Chief [may] :

     (a) May provide for the purchase of United States savings bonds or similar United States obligations by salary deduction for any Legislator, [legislative] employee of the Legislature or employee of the Legislative Counsel Bureau who submits a written request for these deductions and purchases. [The Chief shall]

     (b) Shall provide forms authorizing deductions for and purchases of these United States obligations.

     5.  The Chief may [withhold] :

     (a) Withhold from the pay of a Legislator, employee of the Legislature or employee of the Legislative Counsel Bureau such amount as the claimant specifies in writing for payment to the claimant’s credit union. Any money which is withheld must be transmitted by the Chief in accordance with the claimant’s written instructions. [The Chief may adopt]

     (b) Adopt regulations necessary to carry out the provisions of this subsection.

 


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     Sec. 212.  NRS 218F.520 is hereby amended to read as follows:

     218F.520  1.  The Administrative Division shall preserve order and security on the grounds surrounding the Legislative Building and within the Legislative Building.

     2.  When the Legislature is in a regular or special session , the Administrative Division shall assist the Sergeant at Arms of either House, upon request, in preserving order in the chambers and private lounges of the respective Houses.

     Sec. 213.  NRS 218F.600 is hereby amended to read as follows:

     218F.600  1.  The Fiscal Analysis Division consists of the Senate Fiscal Analyst, the Assembly Fiscal Analyst and such additional staff as the performance of their duties may require.

     2.  The Fiscal Analysis Division shall:

     (a) Thoroughly examine all agencies of the State with special regard to their activities and the duplication of efforts between them.

     (b) Recommend to the Legislature any suggested changes looking toward economy and the elimination of inefficiency in government.

     (c) Ascertain facts and make recommendations to the Legislature concerning the budget of the State and the estimates of the expenditure requirements of the agencies of the State.

     (d) Make projections of future public revenues for the use of the Legislature.

     (e) Analyze the history and probable future trend of the State’s financial position in order that a sound fiscal policy may be developed and maintained for the State of Nevada.

     (f) Analyze appropriation bills, revenue bills [,] and bills having a fiscal impact upon the operation of the government of the State of Nevada or its political subdivisions.

     (g) Advise the Legislature and [the] its members and committees [thereof] regarding matters of a fiscal nature.

     (h) Perform such other functions as may be assigned to the Fiscal Analysis Division by the Legislature, the Legislative Commission or the Director . [of the Legislative Counsel Bureau.]

     Sec. 214.  NRS 218F.610 is hereby amended to read as follows:

     218F.610  1.  The Office of Financial Analysis and Planning is hereby created within the Fiscal Analysis Division . [of the Legislative Counsel Bureau.] The Senate Fiscal Analyst and the Assembly Fiscal Analyst shall appoint such personnel as the Fiscal Analysts determine are necessary for the office to carry out the duties of the office.

     2.  The Office of Financial Analysis and Planning shall assist the Legislature in long-term financial analysis and planning, including, without limitation, long-term economic planning and forecasting of future state revenues.

     Sec. 215.  NRS 218F.620 is hereby amended to read as follows:

     218F.620  1.  Upon the request of a Fiscal Analyst or his or her [duly] authorized representative, every elective state officer in the State of Nevada, every board or commission provided for by the laws of the State of Nevada, every head of each [and every] department in the State of Nevada, every officer of the Judicial [Branch of the State Government,] Department, and every employee or agent thereof, acting by, for, or on account of any such office, board, commission or officer receiving, paying or otherwise controlling any public funds in the State of Nevada, in whole or in part, whether the funds are provided by the State of Nevada, received from the Federal Government of the United States or any branch, bureau [,] or agency thereof, or received from private or other sources, shall make available, provide or prepare all books, papers, information and records under their control necessary or convenient to the proper discharge of the duties of the Fiscal Analysis Division pursuant to chapters 218A to 218H, inclusive, of NRS.

 


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office, board, commission or officer receiving, paying or otherwise controlling any public funds in the State of Nevada, in whole or in part, whether the funds are provided by the State of Nevada, received from the Federal Government of the United States or any branch, bureau [,] or agency thereof, or received from private or other sources, shall make available, provide or prepare all books, papers, information and records under their control necessary or convenient to the proper discharge of the duties of the Fiscal Analysis Division pursuant to chapters 218A to 218H, inclusive, of NRS.

     2.  Any such officer, board, commission, department or employee who receives a request pursuant to subsection 1 shall make available, provide or prepare any information requested by the Fiscal Analysis Division within the period specified in the request.

     3.  Notwithstanding the provisions of any other specific statute, the information requested by the Fiscal Analysis Division may include information considered confidential for other purposes.

     Sec. 216.  NRS 218F.700 is hereby amended to read as follows:

     218F.700  The Legislative Counsel [:

     1.  Must be an] must be:

     1.  An attorney admitted to practice law in one of the United States ; and [be versed]

     2.  Knowledgeable in some or all of the following:

     (a) Political science [, parliamentary practice, legislative procedure, and the] ;

     (b) Parliamentary practice;

     (c) Legislative procedure; and

     (d) The methods of research, statutory revision and bill drafting.

     [2.  Shall perform the duties required by chapters 218A to 218H, inclusive, and chapter 220 of NRS.]

     Sec. 217.  NRS 218F.710 is hereby amended to read as follows:

     218F.710  1.  The Legislative Counsel [:

     1.  Has the] has:

     (a) The powers and duties assigned [in chapters 218A to 218H, inclusive, and chapters 219 and 220 of NRS, and such] by this title and any law or resolution; and

     (b) Such other powers and duties as may be assigned by the Director , [of the Legislative Counsel Bureau,] the Legislature and the Legislative Commission.

     2.  [Shall, upon] Upon the request of any member or committee of the Legislature or the Legislative Commission, the Legislative Counsel shall give [his or her] an opinion in writing upon any question of law, including existing law and suggested, proposed and pending legislation which has become a matter of public record.

     Sec. 218.  NRS 218F.720 is hereby amended to read as follows:

     218F.720  1.  When deemed necessary or advisable to protect the official interests of the Legislature [, one or more Houses of the Legislature or one or more agencies, members, officers or employees of the Legislature, the Legislative Counsel Bureau or the Legislative Department of State Government,] in any action or proceeding, the Legislative Commission, or the Chair of the Legislative Commission in cases where action is required before a meeting of the Legislative Commission is scheduled to be held, may direct the Legislative Counsel and [his or her staff] the Legal Division to appear in, commence, prosecute, defend or intervene in any action or proceeding before any court, agency or officer of the United States, this State or any other jurisdiction, or any political subdivision thereof.

 


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appear in, commence, prosecute, defend or intervene in any action or proceeding before any court, agency or officer of the United States, this State or any other jurisdiction, or any political subdivision thereof. In any such action or proceeding, the Legislature [, the Houses of the Legislature and the agencies, members, officers and employees of the Legislature, the Legislative Counsel Bureau and the Legislative Department of State Government] may not be assessed or held liable for:

     (a) Any filing or other court or agency fees; or

     (b) The attorney’s fees or any other fees, costs or expenses of any other parties.

     2.  If a party to any action or proceeding before any court, agency or officer:

     (a) Alleges that the Legislature, by its actions or failure to act, has violated the Constitution, treaties or laws of the United States or the Constitution or laws of this State; or

     (b) Challenges, contests or raises as an issue, either in law or in equity, in whole or in part, or facially or as applied, the meaning, intent, purpose, scope, applicability, validity, enforceability or constitutionality of any law, resolution, initiative, referendum or other legislative or constitutional measure, including, without limitation, on grounds that [the law, resolution, initiative, referendum or other legislative or constitutional measure] it is ambiguous, unclear, uncertain, imprecise, indefinite or vague, is preempted by federal law or is otherwise inapplicable, invalid, unenforceable or unconstitutional,

Ê the Legislature may elect to intervene in the action or proceeding by filing a motion or request to intervene in the form required by the rules, laws or regulations applicable to the action or proceeding. The motion or request to intervene must be accompanied by an appropriate pleading, brief or dispositive motion setting forth the Legislature’s arguments, claims, objections or defenses, in law or fact, or by a motion or request to file such a pleading, brief or dispositive motion at a later time.

     3.  Notwithstanding any other law to the contrary, upon the filing of a motion or request to intervene pursuant to subsection 2, the Legislature has an unconditional right and standing to intervene in the action or proceeding and to present its arguments, claims, objections or defenses, in law or fact, whether or not the Legislature’s interests are adequately represented by existing parties and whether or not the State or any agency, officer or employee of the State is an existing party. If the Legislature intervenes in the action or proceeding, the Legislature has all the rights of a party.

     4.  The provisions of this section do not make the Legislature a necessary or indispensable party to any action or proceeding unless the Legislature intervenes in the action or proceeding, and no party to any action or proceeding may name the Legislature as a party or move to join the Legislature as a party based on the provisions of this section.

     5.  The Legislative Commission may authorize payment of the expenses and costs incurred pursuant to this section from the Legislative Fund.

     6.  As used in this section:

     (a) “Action or proceeding” means any action, suit, matter, cause, hearing, appeal or proceeding.

     (b) “Agency” means any agency, office, department, division, bureau, unit, board, commission, authority, institution, committee, subcommittee or other similar body or entity, including, without limitation, any body or entity created by an interstate, cooperative, joint or interlocal agreement or compact.

 


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other similar body or entity, including, without limitation, any body or entity created by an interstate, cooperative, joint or interlocal agreement or compact.

     (c) “Legislature” means:

           (1) The Legislature or either House; or

           (2) Any current or former agency, member, officer or employee of the Legislature, the Legislative Counsel Bureau or the Legislative Department.

     Sec. 219.  NRS 218F.730 is hereby amended to read as follows:

     218F.730  1.  The Legislative Counsel is authorized to secure copyright under the laws of the United States in all publications issued by the Legislative Counsel Bureau . [, the copyright to]

     2.  Each copyright must be secured in the name of the State of Nevada.

     Sec. 220.  NRS 218F.800 is hereby amended to read as follows:

     218F.800  The Research Director:

     1.  Must have a graduate degree from an accredited college or university and must be [versed] knowledgeable in some or all of the following:

     (a) Research techniques;

     (b) Information sources;

     (c) Strategic planning;

     (d) Program and personnel management;

     (e) Writing and communication techniques;

     (f) Governmental organization and functions; and

     (g) Budgeting.

     2.  Shall administer and manage the duties, programs, responsibilities and staff operations of the Research Division.

     Sec. 221.  NRS 218F.810 is hereby amended to read as follows:

     218F.810  The Research Division shall:

     1.  Provide [to] the Legislature and [the] its members and committees [thereof,] with research, information and assistance concerning public policy, including, but not limited to, proposed or possible legislation, and national, state and local issues of interest to the State of Nevada and its political subdivisions.

     2.  Provide necessary personnel to standing and interim committees as assigned by the Director, the Legislature or the Legislative Commission.

     3.  Provide the Legislature and its members and committees with comprehensive accurate reports and background information on subjects of legislative interest.

     4.  Analyze, compare and evaluate the programs and statutory provisions of the State of Nevada and other states, upon request of a member or committee of the Legislature.

     5.  Advise the Legislature and its members and committees regarding matters relating to the resources and procedures necessary to conduct research.

     6.  Prepare publications relating to the Legislature and the Legislative Counsel Bureau.

     7.  Maintain the library of the Legislative Counsel Bureau.

     8.  Provide information and assistance to the Legislature and [the] its members and committees [thereof] concerning the apportionment of legislative districts and any other political districts the boundaries of which are determined by the Legislature.

 


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     9.  Perform such other functions as may be assigned by the Legislature, the Legislative Commission or the Director . [of the Legislative Counsel Bureau.]

     Sec. 222.  NRS 218G.030 is hereby amended to read as follows:

     218G.030  As used in this chapter, unless the context otherwise requires, “agency of the State” includes all offices, departments, boards, commissions and institutions of the [State] Executive Department and the Judicial Department , [of the State,] but does not include the Legislative [Branch of Government.] Department.

     Sec. 223.  NRS 218G.110 is hereby amended to read as follows:

     218G.110  1.  The Legislative Auditor shall:

     (a) Perform postaudits as provided by law;

     (b) Establish procedures, methods and standards of auditing for the Audit Division;

     (c) Recommend to the Legislature the enactment or amendment of statutes based upon the results of the postaudit; and

     (d) Perform such other functions as may be assigned by the Legislature, the Legislative Commission or the Director . [of the Legislative Counsel Bureau.]

     2.  The Legislative Auditor may:

     (a) Within budgetary limitations, contract for the services of consultants or other professional or technical personnel as the Legislative Auditor’s duty to perform postaudits may require, or to conduct a review of the operation of the Legislative Auditor’s office, and fix their fees in an amount which is reasonable and customary for such services; and

     (b) With the approval of the Legislative Commission, contract with federal agencies or state departments to perform audits required by federal or state law, if the Division may be reimbursed for such audits. Any money received by the Division for such audits must be deposited in the State Treasury to the credit of the Legislative Fund.

     3.  A postaudit must be conducted in accordance with generally accepted standards for governmental and other audits.

     Sec. 224.  NRS 218G.140 is hereby amended to read as follows:

     218G.140  1.  If the Legislative Auditor finds, in the course of an audit, evidence of improper practices of financial administration or inadequacy of fiscal records, the Legislative Auditor shall report these practices immediately to the Governor, each [member of the Legislature] Legislator and the head of the agency affected.

     2.  If the Legislative Auditor finds evidence of illegal transactions, the Legislative Auditor shall forthwith report these transactions to the Governor, each [member of the Legislature] Legislator and the Attorney General.

     Sec. 225.  NRS 218G.160 is hereby amended to read as follows:

     218G.160  1.  The Legislative Auditor shall prepare a biennial report for the Governor and [members of the Legislature,] Legislators and submit the report before December 31 of each even-numbered year. Copies of the report must be filed in the Office of the Secretary of State.

     2.  The biennial report must contain, among other things:

     (a) Copies of, or the substance of, reports made to the various agencies of the State and a summary of changes made in the system of accounts and records thereof;

 


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     (b) A list of those agencies on which audit reports were issued during the biennium which had not carried out a system of internal accounting and administrative control pursuant to NRS 353A.020; and

     (c) Specific recommendations to the Legislature for the amendment of existing laws or the enactment of new laws designed to improve the functioning of the agencies of the State.

     Sec. 226.  NRS 218G.230 is hereby amended to read as follows:

     218G.230  1.  The Legislative Auditor or the Legislative Auditor’s [designated] authorized representative shall furnish a copy of the preliminary report of the audit to the head of the audited agency and discuss the report with the head of the agency. The head of the agency shall submit to the Legislative Auditor, within 10 days after the discussion, a written statement of explanation or rebuttal concerning any of the findings, and the Legislative Auditor shall include in the final report the officer’s explanation or rebuttal to any of the findings contained in the final report.

     2.  When the Legislature is in a regular session , the Legislative Auditor shall notify the Chair of the Legislative Commission or the Chair of the Audit Subcommittee, immediately following this 10-day period, that an audit report is ready for presentation to the Legislative Commission.

     3.  If, within 5 days after notification, the Chair of the Legislative Commission does not call a meeting of the Legislative Commission or the Chair of the Audit Subcommittee does not call a meeting of the Audit Subcommittee, the Legislative Auditor shall distribute the report and any statement received from the agency to each [member of the Legislature.] Legislator.

     Sec. 227.  NRS 218G.240 is hereby amended to read as follows:

     218G.240  1.  The Legislative Auditor shall present a final written report of each audit to the Legislative Commission and furnish copies to all [members of the Legislature,] Legislators, other appropriate state officers and the head of the agency audited.

     2.  The Legislative Commission may by regulation provide for the:

     (a) Presentation of the final written report of each audit to the Audit Subcommittee before the report is presented to the Legislative Commission.

     (b) Distribution of copies of the final written report of an audit to each member of the Legislative Commission or Audit Subcommittee, or both, before the report is presented to the Legislative Commission.

     (c) Distribution of copies of the final written report or a summary of the final report to all [members of the Legislature,] Legislators, other appropriate state officers and the head of the agency audited after the final report is presented to the Audit Subcommittee.

     3.  Except as otherwise provided by chapters 218A to 218H, inclusive, of NRS, the Legislative Auditor shall not disclose the content of any audit before it is presented to the:

     (a) Audit Subcommittee, if the final written report is presented to the Audit Subcommittee pursuant to regulations adopted by the Legislative Commission.

     (b) Legislative Commission, if the final written report is not presented to the Audit Subcommittee pursuant to regulations adopted by the Legislative Commission.

 


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     Sec. 228.  NRS 218G.250 is hereby amended to read as follows:

     218G.250  1.  The Legislative Commission or the Audit Subcommittee shall notify an agency of the State of its acceptance of a final written report of an audit by the Legislative Auditor that concerns the agency and contains any recommendations for corrective action. Within 60 working days after the receipt of notification, if corrective action is recommended for:

     (a) The Judicial Department , [of the State,] the Court Administrator shall submit a plan for corrective action to the Legislative Auditor and a copy of the plan to the Director of the Department of Administration.

     (b) An elected officer of the State, the officer shall submit a plan for corrective action to the Legislative Auditor and a copy of the plan to the Director of the Department of Administration.

     (c) Any other agency of the State, the agency shall submit a plan for corrective action to the Director of the Department of Administration and a copy of the plan to the Legislative Auditor. The agency shall commence corrective action pursuant to the plan immediately after its submission.

     2.  The Legislative Auditor shall notify the:

     (a) Audit Subcommittee, if the final written report was first presented to the Audit Subcommittee pursuant to regulations adopted by the Legislative Commission; or

     (b) Legislative Commission, if the final written report was first presented to the Legislative Commission,

Ê of any failure to submit a plan pursuant to subsection 1.

     Sec. 229.  NRS 218G.270 is hereby amended to read as follows:

     218G.270  1.  Each person who submits a plan pursuant to paragraph (a) or (b) of subsection 1 of NRS 218G.250 shall, within 6 months after submission of the plan, submit to the Legislative Auditor a report specifying the extent to which the recommendations of the Legislative Auditor have been carried out, the extent to which the recommendations have not been carried out and the reasons for any failure to carry out the recommendations.

     2.  The Director of the Department of Administration shall, within 6 months after the period for submission of plans pursuant to paragraph (c) of subsection 1 of NRS 218G.250, submit to the Legislative Auditor a report specifying the extent to which the recommendations of the Legislative Auditor have been carried out, the extent to which the recommendations have not been carried out and the reasons for any failure to carry out the recommendations.

     3.  The Legislative Auditor shall submit each report received pursuant to subsections 1 and 2 to the Legislative Commission and the Interim Finance Committee. If the Legislature is in a regular session, the Legislative Auditor shall also submit the reports to each member of the Assembly Standing Committee on Ways and Means and the Senate Standing Committee on Finance. The Legislative Commission may review the reports, conduct hearings to examine any justification for a failure to carry out the recommendations of the Legislative Auditor and report its findings to the Legislature.

     4.  The Legislative Auditor shall notify the:

     (a) Audit Subcommittee, if so authorized by regulations adopted by the Legislative Commission; or

     (b) Legislative Commission,

Ê of any failure to submit a report pursuant to subsection 1 or 2.

     5.  The Legislative Commission may by regulation:

 


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     (a) Provide that reports received by the Legislative Auditor pursuant to subsections 1 and 2 must be submitted to the Audit Subcommittee before they are submitted to the Legislative Commission.

     (b) Authorize the Audit Subcommittee to:

           (1) Review the reports;

           (2) Conduct hearings to examine any justification for a failure to carry out the recommendations of the Legislative Auditor; and

           (3) Report its findings to the Legislative Commission.

     Sec. 230.  NRS 218G.350 is hereby amended to read as follows:

     218G.350  1.  The Audit Subcommittee shall confer with the Legislative Auditor to establish standards of performance to be required of a firm chosen to perform an audit. The Audit Subcommittee shall conduct negotiations with each of the firms recommended for consideration by the Legislative Auditor and shall select the firm or firms which, in the judgment of the Audit Subcommittee, are best qualified to meet the standards of performance established. During the negotiations and in making its selection, the Audit Subcommittee shall consider:

     (a) The competency of the firms being considered;

     (b) The estimated cost of the services required to conduct the audit; and

     (c) The scope and complexity of the services required.

     2.  Each contract for an audit must be signed by the Legislative Auditor and an authorized representative of the firm selected to perform the audit. The Legislative Auditor shall periodically inspect the performance of the firm performing the audit to ensure that the terms of the contract are being complied with.

     3.  Except as otherwise provided in this section and NRS 218G.330, 218G.340, the officers and employees of a firm performing an audit shall keep information disclosed by an audit in strict confidence and shall not disclose the contents of an audit before it is presented to the Audit Subcommittee or submitted to the appropriate federal agency or an entity designated by the federal agency. The officers and employees of the firm have the same rights of access to books, accounts, records, files, correspondence or other documents that the Legislative Auditor has.

     4.  At the conclusion of the audit, the firm or firms which have performed the audit shall submit a written report of the audit to the Legislative Auditor. The Legislative Auditor shall follow the procedures set forth in NRS 218G.230, concerning preliminary audit reports and shall attend, or have a member of the Legislative Auditor’s staff attend, the discussion held pursuant to that section.

     5.  The Legislative Commission may by regulation provide for the distribution of copies of the written report submitted to the Legislative Auditor pursuant to subsection 4, to each member of the Audit Subcommittee before the report is presented to the Audit Subcommittee pursuant to subsection 6.

     6.  The Legislative Auditor shall present the final audit report to the Audit Subcommittee and thereafter distribute the report or a summary of the report to [members of the Legislature,] Legislators, other appropriate state officers and the head of the agency audited. If federal law requires the Legislative Auditor to submit the final audit report to a federal agency or an entity designated by the federal agency, the Legislative Auditor may submit the report to the federal agency or entity before the Legislative Auditor presents it to the Audit Subcommittee.

 


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     Sec. 231.  NRS 218H.020 is hereby amended to read as follows:

     218H.020  The Legislature declares that the operation of responsible representative government requires that the fullest opportunity be afforded to the people to petition their government for the redress of grievances and to express freely to individual [members of the Legislature] Legislators and to legislative committees [of the Legislature] their opinions on legislation.

     Sec. 232.  NRS 218H.030 is hereby amended to read as follows:

     218H.030  As used in this chapter, unless the context otherwise requires, the words and terms defined in NRS [218H.040] 218H.050 to 218H.100, inclusive, have the meanings ascribed to them in those sections.

     Sec. 233.  NRS 218H.050 is hereby amended to read as follows:

     218H.050  “Expenditure” means any advance, conveyance, deposit, distribution, transfer of funds, loan, payment, pledge or subscription of money or anything of value, including cost of entertainment, except the payment of a membership fee otherwise exempted pursuant to NRS 218H.400, and any contract, agreement, promise or other obligation, whether or not legally enforceable, to make any expenditure while the Legislature is in a regular or special session.

     Sec. 234.  NRS 218H.070 is hereby amended to read as follows:

     218H.070  “Legislative action” means introduction, sponsorship, debate, voting and any other official action on any bill, resolution, amendment, nomination, appointment, report and any other matter pending or proposed in a legislative committee or in either House , [of the Legislature,] or on any matter which may be the subject of action by the Legislature.

     Sec. 235.  NRS 218H.080 is hereby amended to read as follows:

     218H.080  1.  “Lobbyist” means, except as limited by subsection 2, a person who:

     (a) Appears in person in the Legislative Building or any other building in which the Legislature or any of its standing committees hold meetings; and

     (b) Communicates directly with a member of the Legislative Branch on behalf of someone other than himself or herself to influence legislative action whether or not any compensation is received for the communication.

     2.  “Lobbyist” does not include:

     (a) Persons who confine their activities to formal appearances before legislative committees and who clearly identify themselves and the interest or interests for whom they are testifying.

     (b) Employees of a bona fide news medium who meet the definition of “lobbyist” only in the course of their professional duties and who contact [members of the Legislature] Legislators for the sole purpose of carrying out their news gathering function.

     (c) Employees of departments, divisions or agencies of the state government who appear before legislative committees only to explain the effect of legislation related to their departments, divisions or agencies.

     (d) Employees of the Legislature, Legislators, legislative agencies or legislative commissions.

     (e) Elected officers of this State and its political subdivisions who confine their lobbying activities to issues directly related to the scope of the office to which they were elected.

     (f) Persons who contact the [members of the Legislature] Legislators who are elected from the district in which they reside.

 


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     Sec. 236.  NRS 218H.090 is hereby amended to read as follows:

     218H.090  “Member of the Legislative Branch” means any [member of the Legislature,] Legislator, any member of the Legislator’s staff [,] or any assistant, employee or other person employed with reference to the legislative duties of the Legislator.

     Sec. 237.  NRS 218H.210 is hereby amended to read as follows:

     218H.210  The registration statement of a lobbyist must contain the following information:

     1.  The registrant’s full name, permanent address, place of business and temporary address while lobbying.

     2.  The full name and complete address of each person, if any, by whom the registrant is retained or employed or on whose behalf the registrant appears.

     3.  A listing of any direct business associations or partnerships involving any current [member of the Legislature] Legislator and the registrant or any person by whom the registrant is retained or employed. The listing must include any such association or partnership constituting a source of income or involving a debt or interest in real estate required to be disclosed in a statement of financial disclosure made by a candidate for public office or a public officer pursuant to NRS 281A.620.

     4.  The name of any current [member of the Legislature] Legislator for whom:

     (a) The registrant; or

     (b) Any person by whom the registrant is retained or employed,

Ê has, in connection with a political campaign of the Legislator, provided consulting, advertising or other professional services since the beginning of the preceding regular [legislative] session.

     5.  A description of the principal areas of interest on which the registrant expects to lobby.

     6.  If the registrant lobbies or purports to lobby on behalf of members, a statement of the number of members.

     7.  A declaration under penalty of perjury that none of the registrant’s compensation or reimbursement is contingent, in whole or in part, upon the production of any legislative action.

     Sec. 238.  NRS 218H.400 is hereby amended to read as follows:

     218H.400  1.  Each registrant shall file with the Director [within] :

     (a) Within 30 days after the close of [the legislative] a regular or special session , a final report signed under penalty of perjury concerning the registrant’s lobbying activities [. In addition, each registrant shall file with the Director between] ; and

     (b) Between the 1st and 10th day of the month after each month that the Legislature is in a regular or special session , a report concerning the registrant’s lobbying activities during the previous month, whether or not any expenditures were made.

     2.  Each report must [be] :

     (a) Be on a form prescribed by the Director ; and [must include]

     (b) Include the total of all expenditures, if any, made by the registrant on behalf of a Legislator or an organization whose primary purpose is to provide support for Legislators of a particular political party and House, including expenditures made by others on behalf of the registrant if the expenditures were made with the registrant’s express or implied consent or were ratified by the registrant.

 


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     3.  Except as otherwise provided in subsection [4,] 6, the report [must identify] :

     (a) Must identify each Legislator and each organization whose primary purpose is to provide support for Legislators of a particular political party and House on whose behalf expenditures were made [and must] ;

     (b) Must be itemized with respect to each such Legislator and organization [. An] ; and

     (c) Does not have to include any expenditure made on behalf of a person other than a Legislator or an organization whose primary purpose is to provide support for Legislators of a particular political party and House , [need not be reported pursuant to this section] unless the expenditure is made for the benefit of a Legislator or such an organization.

     [2.] 4.  If expenditures made by or on behalf of a registrant during the previous month exceed $50, the report must include a compilation of expenditures, itemized in the manner required by the regulations of the Legislative Commission, in the following categories:

     (a) Entertainment;

     (b) Expenditures made in connection with a party or similar event hosted by the organization represented by the registrant;

     (c) Gifts and loans, including money, services and anything of value provided to a Legislator, to an organization whose primary purpose is to provide support for Legislators of a particular political party and House, or to any other person for the benefit of a Legislator or such an organization; and

     (d) Other expenditures directly associated with legislative action, not including personal expenditures for food, lodging and travel expenses or membership dues.

     [3.] 5.  The Legislative Commission may authorize an audit or investigation by the Legislative Auditor that is proper and necessary to verify compliance with the provisions of this section. If the Legislative Commission authorizes such an audit or investigation:

     (a) A lobbyist shall make available to the Legislative Auditor all books, accounts, claims, reports, vouchers and other records requested by the Legislative Auditor in connection with any such audit or investigation.

     (b) The Legislative Auditor shall confine [his or her] requests for such records to those which specifically relate to the lobbyist’s compliance with the reporting requirements of this section.

     [4.] 6.  A report filed pursuant to this section must not itemize with respect to each Legislator an expenditure if the expenditure is the cost of a function to which every Legislator was invited. For the purposes of this subsection, “function” means a party, meal or other social event.

     Sec. 239.  NRS 218H.500 is hereby amended to read as follows:

     218H.500  1.  The Legislative Commission [shall] :

     (a) Shall adopt regulations to carry out the provisions of this chapter . [, may, except]

     (b) Except as otherwise provided in [this subsection,] subsection 2, may require fees for registration, payable into the Legislative Fund, and may classify lobbyists for this purpose.

     2.  A veteran who does not receive compensation for the veteran’s lobbying activities is not required to pay any fee established for registration if the veteran provides proof of the veteran’s discharge or release from the Armed Forces of the United States, a reserve component thereof or the National Guard under honorable conditions.

 


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     [2.] 3.  The Director shall:

     (a) Prepare and furnish forms for the statements and reports required to be filed.

     (b) Prepare and publish uniform methods of accounting and reporting to be used by persons required to file such statements and reports, including guidelines for complying with the reporting requirements of this chapter.

     (c) Accept and file any information voluntarily supplied that exceeds the requirements of this chapter.

     (d) Develop a filing, coding and cross-indexing system consistent with the purposes of this chapter.

     (e) Make the statements and reports available for public inspection during regular office hours.

     (f) Preserve the statements and reports for a period of 5 years from the date of filing.

     (g) Compile and keep current an alphabetical list of registrants, [including their] which must include each registrant’s address, the name and address of each person for whom the registrant is lobbying and the principal areas of interest on which the registrant expects to lobby. A copy of the list must be furnished to each Legislator, to the clerks of the respective counties for preservation and public inspection, and to any person who requests a copy and pays the cost of reproduction.

     Sec. 240.  NRS 218H.530 is hereby amended to read as follows:

     218H.530  1.  The Director shall:

     (a) Make investigations on the Director’s own initiative with respect to any irregularities which the Director discovers in the statements and reports filed and with respect to the failure of any person to file a required statement or report and shall make an investigation upon the written complaint of any person alleging a violation of any provision of this chapter.

     (b) Report suspected violations of law to the:

           (1) Legislative Commission; and

           (2) Attorney General, who shall investigate and take any action necessary to carry out the provisions of this chapter.

     2.  If an investigation by the Director reveals a violation of any provision of this chapter by a lobbyist, the Director may suspend the lobbyist’s registration for a specified period or revoke the lobbyist’s registration. The Director shall cause notice of such action to be given to each person who employs or uses the lobbyist.

     3.  A lobbyist whose registration is suspended or revoked by the Director may:

     (a) Request a hearing on the matter before the Director;

     (b) Appeal to the Legislative Commission from any adverse decision of the Director; and

     (c) If the lobbyist’s registration is suspended, renew the lobbyist’s registration if the Legislature is still in a regular or special session following the period of suspension.

     4.  A lobbyist whose registration is revoked may, with the consent of the Director, renew the lobbyist’s registration if the lobbyist:

     (a) Files a registration statement in the form required by NRS 218H.200;

     (b) Pays any fee for late filing owed pursuant to NRS 218H.410, plus the fee for registration prescribed by the Legislative Commission; and

     (c) If the revocation occurred because of the lobbyist’s failure to file an activity report, files that report.

 


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     Sec. 241.  NRS 218H.930 is hereby amended to read as follows:

     218H.930  1.  A lobbyist shall not knowingly or willfully make any false statement or misrepresentation of facts:

     (a) To any member of the Legislative Branch in an effort to persuade or influence the member in his or her official actions.

     (b) In a registration statement or report concerning lobbying activities filed with the Director.

     2.  A lobbyist shall not give to a member of the Legislative Branch or a member of his or her staff or immediate family gifts that exceed $100 in value in the aggregate in any calendar year.

     3.  A member of the Legislative Branch or a member of his or her staff or immediate family shall not solicit anything of value from a registrant or accept any gift that exceeds $100 in aggregate value in any calendar year.

     4.  A person who employs or uses a lobbyist shall not make that lobbyist’s compensation or reimbursement contingent in any manner upon the outcome of any legislative action.

     5.  Except during the period permitted by NRS 218H.200, a person shall not knowingly act as a lobbyist without being registered as required by that section.

     6.  Except as otherwise provided in subsection 7, a member of the Legislative or Executive Branch of the State Government and an elected officer or employee of a political subdivision shall not receive compensation or reimbursement other than from the State or the political subdivision for personally engaging in lobbying.

     7.  An elected officer or employee of a political subdivision may receive compensation or reimbursement from any organization whose membership consists of elected or appointed public officers.

     8.  A lobbyist shall not instigate the introduction of any legislation for the purpose of obtaining employment to lobby in opposition [thereto.] to that legislation.

     9.  A lobbyist shall not make, commit to make or offer to make a monetary contribution to a [member of the Legislature,] Legislator, the Lieutenant Governor, the Lieutenant Governor-elect, the Governor or the Governor-elect during the period beginning:

     (a) Thirty days before a regular session [of the Legislature] and ending 30 days after the final adjournment of a regular session ; [of the Legislature;]

     (b) Fifteen days before a special session [of the Legislature] is set to commence and ending 15 days after the final adjournment of a special session , [of the Legislature,] if the Governor sets a specific date for the commencement of the special session that is more than 15 days after the Governor issues the proclamation calling for the special session; or

     (c) The day after the Governor issues a proclamation calling for a special session [of the Legislature] and ending 15 days after the final adjournment of a special session [of the Legislature] if the Governor sets a specific date for the commencement of the special session that is 15 or fewer days after the Governor issues the proclamation calling for the special session.

     Sec. 242.  NRS 218H.960 is hereby amended to read as follows:

     218H.960  [Any] A person who is subject to any [of the provisions contained] provision in NRS 218H.900 or 218H.930 and who violates or otherwise refuses or fails to comply [therewith] with the provision is guilty of a misdemeanor.

 


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     Sec. 243.  NRS 219.020 is hereby amended to read as follows:

     219.020  1.  Except as otherwise provided in this section and NRS 219.025, the Commissioners are:

     (a) The Legislative Counsel;

     (b) Two members of the faculty of the William S. Boyd School of Law of the University of Nevada, Las Vegas; and

     (c) Not more than four attorneys licensed to practice law in the State of Nevada appointed by the Legislative Commission.

     2.  The Legislative Commission shall appoint:

     (a) Attorneys who are [members of the Legislature] Legislators to fill the appointive positions created pursuant to paragraph (c) of subsection 1 if attorneys are available in the Legislature to fill those positions.

     (b) Two members of the faculty of the William S. Boyd School of Law of the University of Nevada, Las Vegas, from a list submitted to the Legislative Commission by the Dean of the Law School. Each member so appointed serves for a term of 4 years.

     3.  The Legislative Counsel may appoint not more than two additional Commissioners from the attorneys employed by the Legislative Counsel Bureau, upon approval of the Legislative Commission.

     4.  The National Conference of Commissioners on Uniform State Laws is hereby declared to be a joint governmental agency of this State.

     5.  It is a function of the Commissioners to carry forward the participation of the State of Nevada in the National Conference of Commissioners on Uniform State Laws. Annual dues must be paid to that organization out of the Legislative Fund.

     6.  The Legislative Counsel shall notify the National Conference of Commissioners on Uniform State Laws whenever a Commissioner is appointed pursuant to this section.

     Sec. 244.  NRS 219.027 is hereby amended to read as follows:

     219.027  1.  A Commissioner who continues to serve or resumes service as a Commissioner pursuant to the provisions of NRS 219.025 and who attends an annual meeting of the National Conference of Commissioners on Uniform State Laws is entitled to receive reimbursement from the Legislative Fund for expenses incurred to attend the annual meeting if the Commissioner, at least 10 days before the annual meeting, provides to the Director [of the Legislative Counsel Bureau] written notice stating that the Commissioner will actively participate and carry out the duties set forth in NRS 219.030 and 219.040.

     2.  Each Commissioner appointed by the Legislative Commission pursuant to paragraph (b) of subsection 2 of NRS 219.020 is entitled to receive reimbursement from the William S. Boyd School of Law for any expenses incurred in carrying out the Commissioner’s duties as a Commissioner, including travel and per diem expenses.

     Sec. 245.  NRS 219.040 is hereby amended to read as follows:

     219.040  1.  The Commissioners shall:

     (a) Keep a record of all their transactions.

     (b) At each [legislative] regular session, make a report of their transactions to the Legislature.

     (c) At each [legislative] regular session, make recommendations to the Legislature.

     2.  The Commissioners may, at any time other than that specified in subsection 1, make reports and recommendations to the Legislature.

 


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     Sec. 246.  NRS 220.040 is hereby amended to read as follows:

     220.040  The Legislative Counsel and the Legal Division [of the Legislative Counsel Bureau shall] have the powers and duties prescribed in this chapter.

     Sec. 247.  NRS 220.120 is hereby amended to read as follows:

     220.120  1.  In preparing the annotations and keeping Nevada Revised Statutes current, the Legislative Counsel is authorized:

     (a) To adopt such system of numbering as the Legislative Counsel deems practical.

     (b) To cause the revision to be published in a number of volumes deemed convenient.

     (c) To cause the volumes to be bound in loose-leaf binders of good, and so far as possible, permanent quality.

     2.  The pages of Nevada Revised Statutes must conform in size and printing style to the pages of the Statutes of Nevada, and roman style type must be used.

     3.  The Legislative Counsel shall classify and arrange the entire body of statute laws in logical order throughout the volumes, the arrangement to be such as will enable subjects of a kindred nature to be placed under one general head, with necessary cross references.

     4.  Notes of decisions of the Supreme Court, historical references and other material must be printed and arranged in such manner as the Legislative Counsel finds will promote the usefulness thereof.

     5.  The Legislative Counsel in keeping Nevada Revised Statutes current shall not alter the sense, meaning or effect of any legislative act, but may renumber sections and parts of sections thereof, change the wording of headnotes, rearrange sections, change reference numbers or words to agree with renumbered chapters or sections, substitute the word “chapter” for “article” and the like, substitute figures for written words and vice versa, change capitalization for the purpose of uniformity, correct inaccurate references to the titles of officers, the names of departments or other agencies of the State, local governments, or the Federal Government, and such other name changes as are necessary to be consistent with the laws of this state and correct manifest clerical or typographical errors.

     6.  The Legislative Counsel may [create] :

     (a) Create new titles, chapters and sections of Nevada Revised Statutes, or otherwise revise the title, chapter and sectional organization of Nevada Revised Statutes, all as may be required from time to time, to effectuate the orderly and logical arrangement of the statutes. Any new titles, chapters, sections and organizational revisions have the same force and effect as the 58 titles originally enacted and designated as the Nevada Revised Statutes pursuant to chapter 2, Statutes of Nevada 1957.

     (b) Add, revise, move or remove nonsubstantive definitions in titles, chapters and sections of Nevada Revised Statutes to effectuate the orderly and logical arrangement of the statutes, improve readability or reduce repetitious or lengthy words or phrases.

     7.  If the Legislative Counsel renumbers any section of Nevada Revised Statutes because the section has been moved, divided or combined with another section during the reorganization of the statutes or for any other reason, the citation to the previously assigned number in any legal document, publication, signage or in any other place shall be deemed to have the same meaning and legal effect as if the citation were to the new number, regardless of how long it has been since the new number was assigned and regardless of any revisions made to the section after the assignment of the new number, unless another intent is otherwise specified.

 


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any revisions made to the section after the assignment of the new number, unless another intent is otherwise specified.

     8.  The Legislative Counsel shall assign NRS numbers to such new permanent and general laws enacted at any [legislative] regular or special session.

     9.  The Legislative Counsel shall resolve all nonsubstantive conflicts between multiple laws enacted at any [legislative] regular or special session as if made by a single enactment. If multiple amendments to a single section of NRS are made during a [legislative] regular or special session, such amendments are all effective and must be compiled in a manner that is consistent with the intent of the Legislature as determined by the Legislative Counsel.

     10.  The Legislative Counsel shall substitute the name of any agency, officer or instrumentality of the State or of a political subdivision whose name is changed by law or to which powers, duties and responsibilities have been transferred by law, for the name which the agency, officer or instrumentality previously used or which was previously vested with the same powers and charged with the same duties and responsibilities.

     Sec. 248.  NRS 220.160 is hereby amended to read as follows:

     220.160  1.  Upon the completion of Nevada Revised Statutes with annotations, the Legislative Counsel shall prepare and have printed or reproduced such replacement and supplementary pages for such laws and annotations as may, from time to time, be necessary and may create or cause to be created reproductions of the replacement and supplementary pages, alone or in combination with any other legal publications, on electronic discs or any other available medium. In any event, the Legislative Counsel shall prepare replacement and supplementary pages made necessary by [the sessions of the Legislature] a regular or special session as soon as possible after each such session.

     2.  The intent of this section is that Nevada Revised Statutes be kept current insofar as may be possible. To that end, the provisions of this chapter, and in particular NRS 220.120, apply to the preparation and printing or reproduction of such replacement and supplementary pages.

     3.  Prices must be set by the Legislative Commission as near as possible to the cost of preparing, printing and reproduction. All money received for the sale of such replacement and supplementary pages must be deposited to the credit of the Legislative Fund.

     Sec. 249.  NRS 220.165 is hereby amended to read as follows:

     220.165  The Legislative Counsel shall provide:

     1.  A complete set of Nevada Revised Statutes with annotations to each person who becomes a [member of the Legislature] Legislator upon payment by the [member] Legislator to the Legislative Counsel Bureau of the sum of $50; and

     2.  Sets of replacement or supplementary pages, as issued, without charge, to each Legislator during the Legislator’s term of office if the Legislator has acquired a set of Nevada Revised Statutes pursuant to subsection 1.

     Sec. 250.  NRS 218A.430, 218A.530, 218A.560, 218C.060, 218D.685 and 218H.040 are hereby repealed.

     Sec. 251.  This act becomes effective on July 1, 2011.

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