NRS: CHAPTER 224 - LIEUTENANT GOVERNOR

[Rev. 6/29/2024 3:20:15 PM--2023]

CHAPTER 224 - LIEUTENANT GOVERNOR

GENERAL PROVISIONS

NRS 224.010 Qualifications of Lieutenant Governor.

NRS 224.020 Election; term of office.

NRS 224.030 Oath.

NRS 224.040 Residence.

NRS 224.050 Salary; allowances; expenses.

NRS 224.060 Resignation.

OFFICE OF SMALL BUSINESS ADVOCACY

NRS 224.100 Definitions. [Effective through June 30, 2025.]

NRS 224.110 “Business” defined. [Effective through June 30, 2025.]

NRS 224.120 “Local government” defined. [Effective through June 30, 2025.]

NRS 224.130 “Office of Small Business Advocacy” defined. [Effective through June 30, 2025.]

NRS 224.140 “Small business” defined. [Effective through June 30, 2025.]

NRS 224.150 “State agency” defined. [Effective through June 30, 2025.]

NRS 224.160 Creation; personnel; authority of state agencies to cooperate with and assist Office. [Effective through June 30, 2025.]

NRS 224.170 General duties. [Effective through June 30, 2025.]

NRS 224.180 Duties regarding complaints, assisting small businesses to understand rights and responsibilities, analyzing and monitoring law and policies and disseminating information. [Effective through June 30, 2025.]

NRS 224.190 Request for assistance by small business: Limitations on action by Office; review of request; protections for person filing request for assistance or participating in review and investigation. [Effective through June 30, 2025.]

NRS 224.200 Request for assistance by small business: Notification of requester regarding status of request; compilation of statistical data regarding requests and other communications. [Effective through June 30, 2025.]

NRS 224.210 Authority to establish and maintain education course for small businesses. [Effective through June 30, 2025.]

NRS 224.220 Account for Small Business Advocacy: Creation; administration; authority to apply for and receive gifts, grants, contributions and other money; interest and income; nonreversion; use. [Effective through June 30, 2025.]

NRS 224.230 Biennial report to Legislature. [Effective through June 30, 2025.]

NRS 224.240 Confidentiality of records, files and communications. [Effective through June 30, 2025.]

NRS 224.250 Adoption of regulations by Lieutenant Governor. [Effective through June 30, 2025.]

KEEP NEVADA WORKING TASK FORCE

NRS 224.300 Short title. [Repealed.]

NRS 224.310 “Task Force” defined. [Repealed.]

NRS 224.320 Creation; membership; terms and reappointment of members; vacancies; service without compensation. [Repealed.]

NRS 224.330 Election of Chair and Vice Chair; frequency and location of meetings; quorum. [Repealed.]

NRS 224.340 Powers; annual report to Legislative Commission; acceptance of gifts, grants and donations; operational support; assistance from public agencies. [Repealed.]

_________

GENERAL PROVISIONS

NRS 224.010 Qualifications of Lieutenant Governor. No person shall be eligible to the Office of Lieutenant Governor unless the person:

1. Has attained the age of 25 years at the time of such election; and

2. Is a qualified elector and has been a citizen resident of this State for 2 years next preceding the election.

[Part 2:108:1866; A 1953, 711; 1955, 459]

NRS 224.020 Election; term of office.

1. The Lieutenant Governor shall be elected by the qualified electors of the State.

2. The Lieutenant Governor shall be chosen at the general election of 1866, and every 4th year thereafter, and shall hold office for the term of 4 years from the time of his or her installment and until his or her successor shall be qualified.

[Part 1:108:1866; B § 2599; BH § 1636; C § 1782; RL § 2765; NCL § 4765] + [Part 9:108:1866; B § 2607; BH § 1644; C § 1790; RL § 2773; NCL § 4773] + [Part 10:108:1866; B § 2608; BH § 1645; C § 1791; RL § 2774; NCL § 4774]

NRS 224.030 Oath. The Lieutenant Governor shall take and subscribe to the official oath before the Chief Justice or one of the associate justices of the Supreme Court on the 1st Monday of January next succeeding his or her election.

[Part 25:108:1866; A 1881, 22; BH § 1660; C § 1806; RL § 2789; NCL § 4789]

NRS 224.040 Residence. The Lieutenant Governor shall not be required to reside at the seat of state government.

[1:32:1895; C § 2095; RL § 4249; NCL § 7407]

NRS 224.050 Salary; allowances; expenses.

1. Until the first Monday in January 2007, the Lieutenant Governor is entitled to receive an annual salary of $50,000. From the first Monday in January 2007, until the first Monday in January 2011, the Lieutenant Governor is entitled to receive an annual salary of $60,000.

2. On the first Monday in January 2011 and on the first Monday of every fourth year thereafter, the salary of the Lieutenant Governor 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 the Lieutenant Governor.

3. In addition to the annual salary provided for in subsections 1 and 2, the Lieutenant Governor is entitled to receive the compensation provided for a majority of the members of the Legislature during the first 60 days of the session and the per diem allowance and travel expenses authorized for the members of the Legislature.

4. In addition to the salary provided in subsections 1, 2 and 3, the Lieutenant Governor is entitled to receive $130 for each day on which he or she is actually employed as Governor and the per diem allowance and travel expenses as provided for state officers and employees generally when acting as Governor, or when discharging other official duties as Lieutenant Governor, at times when the Legislature is not in session.

[2:295:1953]—(NRS A 1957, 772; 1959, 390; 1961, 305; 1965, 970; 1969, 790; 1971, 2207; 1977, 1015; 1981, 1370; 1985, 401, 1609; 1989, 1897; 1997, 1226; 2005, 1183)

NRS 224.060 Resignation. The Lieutenant Governor shall transmit his or her resignation to the Legislature, if in session, and if not in session shall then transmit it to the Secretary of State.

[Part 34:108:1866; B § 2632; BH § 1669; C § 1815; RL § 2798; NCL § 4798]

OFFICE OF SMALL BUSINESS ADVOCACY

NRS 224.100 Definitions. [Effective through June 30, 2025.] As used in NRS 224.100 to 224.250, inclusive, unless the context otherwise requires, the words and terms defined in NRS 224.110 to 224.150, inclusive, have the meanings ascribed to them in those sections.

(Added to NRS by 2021, 1148; A 2023, 2743)

NRS 224.110 “Business” defined. [Effective through June 30, 2025.] “Business” means any corporation, partnership, company, cooperative, sole proprietorship or other legal entity organized or operating for pecuniary or nonpecuniary gain.

(Added to NRS by 2021, 1148; A 2023, 2743)

NRS 224.120 “Local government” defined. [Effective through June 30, 2025.] “Local government” means a political subdivision of the State, including, without limitation, a county, city, irrigation district, water district or water conservancy district.

(Added to NRS by 2021, 1148; A 2023, 2743)

NRS 224.130 “Office of Small Business Advocacy” defined. [Effective through June 30, 2025.] “Office of Small Business Advocacy” means the Office of Small Business Advocacy created by NRS 224.160 within the Office of the Lieutenant Governor.

(Added to NRS by 2021, 1148; A 2023, 2743)

NRS 224.140 “Small business” defined. [Effective through June 30, 2025.] “Small business” means a prospective, new or established business with not more than 100 employees that is or will be located in this State.

(Added to NRS by 2021, 1148; A 2023, 2743)

NRS 224.150 “State agency” defined. [Effective through June 30, 2025.] “State agency” means an agency, bureau, board, commission, department, division or any other unit of the Executive Department of the State Government.

(Added to NRS by 2021, 1148; A 2023, 2743)

NRS 224.160 Creation; personnel; authority of state agencies to cooperate with and assist Office. [Effective through June 30, 2025.]

1. The Office of Small Business Advocacy is hereby created within the Office of the Lieutenant Governor.

2. The Lieutenant Governor may, within the limits of money appropriated or authorized for such purpose, employ such personnel as are necessary to perform the functions and duties of the Office of Small Business Advocacy set forth in NRS 224.100 to 224.250, inclusive. To be employed by the Lieutenant Governor pursuant to this section, a person must have the necessary training and experience to perform the duties for which he or she is hired. An employee of the Office of Small Business Advocacy is in the unclassified service of the State and serves at the pleasure of the Lieutenant Governor.

3. A state agency may cooperate with and assist the Office of Small Business Advocacy in the performance of its duties and functions.

(Added to NRS by 2021, 1148; A 2023, 2740, 2743)

NRS 224.170 General duties. [Effective through June 30, 2025.] The Office of Small Business Advocacy shall:

1. Refer a small business with an inquiry relating to any aspect of starting, operating or winding up a small business to an appropriate resource to assist the small business;

2. Work with small businesses and local governments to:

(a) Facilitate interactions between a small business and a local government, including, without limitation, resolving issues that arise in the administrative, regulatory and enforcement functions of the local government with respect to small businesses; and

(b) Identify and recommend any improvement to the processes and functions of local governments with respect to interactions between small businesses and local governments, including, without limitation, by conducting general studies, holding conferences and meetings and making inquiries;

3. Assist state agencies with regulatory authority over small businesses to ensure a small business is able to provide comment or feedback on any interaction the small business has with a state agency; and

4. Coordinate with state agencies to:

(a) Facilitate interactions between small businesses and state agencies;

(b) Develop processes that ensure a small business receives a timely response to any inquiry or request made to a state agency;

(c) Resolve issues that arise in the administrative, regulatory or enforcement functions of a state agency with respect to small businesses; and

(d) Identify and recommend efficient, responsive and nonretaliatory procedures for:

(1) Receiving comments or feedback from a small business regarding an interaction with a state agency;

(2) Promoting and facilitating the participation of a small business in general studies, conferences, inquiries and meetings that would improve the function of a state agency with regulatory authority over small businesses;

(3) Identifying causes of unnecessary delays, inconsistencies and inefficient uses of state resources in the administrative, regulatory and enforcement functions of a state agency with respect to small businesses; and

(4) Making recommendations for resolving an issue or dispute that arises from an interaction between a state agency and a small business.

(Added to NRS by 2021, 1148; A 2023, 2743)

1. Receive, review and attempt to resolve any complaint from a small business.

2. Compile and analyze data on complaints from small businesses.

3. Assist small businesses to understand their rights and responsibilities.

4. Provide information to the public, governmental agencies and the Legislature regarding the problems and concerns of small businesses and make recommendations for resolving those problems and concerns.

5. Analyze and monitor the development and implementation of federal, state and local laws, regulations and policies relating to small businesses and recommend any changes the Office of Small Business Advocacy deems necessary.

6. Disseminate information to small businesses concerning the availability of the Office of Small Business Advocacy to assist small businesses with any concerns relating to small businesses.

7. Take any other actions necessary to fulfill the duties of the Office of Small Business Advocacy as set forth in this section.

(Added to NRS by 2021, 1149; A 2023, 2743)

1. Except as otherwise provided in subsection 2, the Office of Small Business Advocacy may review any request for assistance filed by a small business relating to an interaction with a state agency relating to the small business.

2. The Office of Small Business Advocacy shall not take action on a request for assistance made pursuant to subsection 1 if the Office of Small Business Advocacy determines that:

(a) The person who filed the request for assistance could reasonably be expected to pursue, or is pursuing, an alternative remedy or recourse;

(b) The request for assistance relates to a matter outside the jurisdiction of the Office of Small Business Advocacy;

(d) The person who filed the request for assistance does not have a sufficient personal interest in or is not personally aggrieved or affected by the subject matter of the request;

(e) The request for assistance is trivial, frivolous, vexatious or not made in good faith;

(f) The resources of the Office of Small Business Advocacy are insufficient for adequate review of the request for assistance; or

(g) The request for assistance is the subject of pending litigation, a pending contested case, as defined in NRS 233B.032, a proceeding pursuant to chapter 233B of NRS or an agency action that could result in a contested case proceeding pursuant to chapter 233B of NRS.

3. Not later than 30 days after receipt of a request for assistance made pursuant to subsection 1, the Office of Small Business Advocacy shall notify the person who filed the request whether the Office of Small Business Advocacy will provide assistance to the person.

4. If the Office of Small Business Advocacy undertakes the review of a request for assistance made pursuant to subsection 1, the Office of Small Business Advocacy:

(a) May make recommendations to a state agency for the resolution of the issues set forth in the request for assistance;

(b) May contact and discuss the issues with the administrative head of a state agency, the Governor or a member of the public for the purposes of obtaining the cooperation and assistance of a state agency with the review of the request for assistance;

(d) Shall, upon the conclusion of the review:

(1) Prepare a preliminary report regarding the review, including, without limitation, the conclusion reached by the Office of Small Business Advocacy and recommendations for the resolution of the issues, if any;

(2) Provide any state agency named in the request for assistance with a copy of the preliminary report prepared pursuant to subparagraph (1) indicating that the state agency may, within 15 days, submit to the Office of Small Business Advocacy a comment regarding the report;

(3) Prepare a final report that includes, without limitation, any comment submitted by an agency pursuant to subparagraph (2); and

(4) Provide a copy of the final report to the Lieutenant Governor and the person who filed the request for assistance.

5. A person who files a request for assistance or who participates in a review and investigation is not subject to a penalty, sanction or restriction in connection with the employment of that person, and may not be denied any right, privilege or benefit because of the request for assistance or because of any review and investigation of such request.

(Added to NRS by 2021, 1150; A 2023, 2743)

1. When the Office of Small Business Advocacy receives a request for assistance from a small business, the Office of Small Business Advocacy shall:

(a) Notify the small business whether the Office of Small Business Advocacy will open a file regarding the issue not later than 30 days after receipt of the request;

(b) Inform the requester of the status of the file upon request; and

2. The Office of Small Business Advocacy may compile statistical data regarding requests for assistance and other communications received by the Office of Small Business Advocacy from small businesses.

(Added to NRS by 2021, 1151; A 2023, 2743)

NRS 224.210 Authority to establish and maintain education course for small businesses. [Effective through June 30, 2025.] The Office of Small Business Advocacy may establish and maintain an education course for small businesses which provides educational presentations and materials regarding small businesses.

(Added to NRS by 2021, 1151; A 2023, 2743)

1. The Account for Small Business Advocacy is hereby created in the State General Fund. The Lieutenant Governor shall administer the Account.

2. The Office of Small Business Advocacy may apply for and receive gifts, grants, contributions or other money from governmental and private agencies, affiliated associations and other persons for deposit in the Account.

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

4. Any money remaining in the Account at the end of each fiscal year does not revert to the State General Fund, but must be carried forward to the next fiscal year.

5. The money in the Account may only be used to carry out the provisions of NRS 224.100 to 224.250, inclusive, and to defray expenses incurred by the Office of Small Business Advocacy in the discharge of its duties.

(Added to NRS by 2021, 1151; A 2023, 2743)

NRS 224.230 Biennial report to Legislature. [Effective through June 30, 2025.] On or before February 1 of each odd-numbered year, the Lieutenant Governor shall submit to the Director of the Legislative Counsel Bureau for transmittal to the next regular session of the Legislature a written report concerning:

1. The implementation of NRS 224.100 to 224.250, inclusive; and

2. The overall effectiveness of the Office of Small Business Advocacy.

(Added to NRS by 2021, 1151; A 2023, 2743)

NRS 224.240 Confidentiality of records, files and communications. [Effective through June 30, 2025.] All records, files and communications of the Office of Small Business Advocacy made or received pursuant to NRS 224.100 to 224.250, inclusive, are confidential and not a public record.

(Added to NRS by 2021, 1151; A 2023, 2743)

NRS 224.250 Adoption of regulations by Lieutenant Governor. [Effective through June 30, 2025.] The Lieutenant Governor may adopt any regulations necessary to carry out the provisions of NRS 224.100 to 224.250, inclusive.

(Added to NRS by 2021, 1151; A 2023, 2743)

KEEP NEVADA WORKING TASK FORCE

NRS 224.300 Short title. Repealed. (See chapter 447, Statutes of Nevada 2023, at page 2744.)

NRS 224.310 “Task Force” defined. Repealed. (See chapter 447, Statutes of Nevada 2023, at page 2744.)

NRS 224.320 Creation; membership; terms and reappointment of members; vacancies; service without compensation. Repealed. (See chapter 447, Statutes of Nevada 2023, at page 2744.)

NRS 224.330 Election of Chair and Vice Chair; frequency and location of meetings; quorum. Repealed. (See chapter 447, Statutes of Nevada 2023, at page 2744.)

NRS 224.340 Powers; annual report to Legislative Commission; acceptance of gifts, grants and donations; operational support; assistance from public agencies. Repealed. (See chapter 447, Statutes of Nevada 2023, at page 2744.)