NRS: CHAPTER 218F - LEGISLATIVE COUNSEL BUREAU

[Rev. 6/29/2024 3:19:33 PM--2023]

CHAPTER 218F - LEGISLATIVE COUNSEL BUREAU

GENERAL PROVISIONS

NRS 218F.020 “Agency of the State” defined.

ORGANIZATION AND PERSONNEL

NRS 218F.100 Creation and composition; administration of divisions; appointment of Director and chiefs of divisions; designation of Deputy Director.

NRS 218F.110 Director is executive head of Legislative Counsel Bureau; general powers and duties; administrative supervision of chiefs; employment, salaries and leave of personnel; exemption of personnel from State Human Resources System.

NRS 218F.120 Employment of personnel for legislative duties between regular sessions; payment of salaries and related costs.

CODE OF CONDUCT AND DISCLOSURE OF INFORMATION

NRS 218F.150 Officers and employees of Legislative Counsel Bureau not to oppose or urge legislation; exceptions; conditions and limitations on disclosure of information.

CERTAIN RIGHTS AND DUTIES IN WORKPLACE

NRS 218F.170 Report concerning equity in workplace.

BUDGET AND FINANCES

NRS 218F.200 Appropriation of money to Legislative Fund to carry out functions; payment of claims.

NRS 218F.210 Special Account for Intergovernmental Activities.

NRS 218F.220 Petty cash accounts.

NRS 218F.230 Checking account; advance money for travel.

OPERATIONS AND FACILITIES

NRS 218F.300 Provision of administrative services for operation of Legislature; acquisition and maintenance of legislative property.

NRS 218F.310 Recycling of paper, paper products, electronic waste and other recyclable materials.

NRS 218F.312 Requirements for disposing of electronic waste.

NRS 218F.320 Establishment of on-site child care facility.

PUBLICATIONS, SALES AND SERVICES

NRS 218F.400 Legislative Manual.

NRS 218F.410 Sale of studies, reports and materials.

NRS 218F.420 Sale of manuals and handbooks containing selected portions of NRS.

NRS 218F.430 Sale of souvenirs.

NRS 218F.440 Computer searches and electronic access to publications and other information.

ADMINISTRATIVE DIVISION

NRS 218F.500 Composition; general powers and duties.

NRS 218F.510 Duties of Chief as Legislative Fiscal Officer. [Effective through June 30, 2049.]

NRS 218F.510 Duties of Chief as Legislative Fiscal Officer. [Effective July 1, 2049.]

NRS 218F.520 Duties relating to order and security; regulations governing vehicular and pedestrian traffic; penalties.

FISCAL ANALYSIS DIVISION

NRS 218F.600 Composition; general powers and duties.

NRS 218F.610 Office of Financial Analysis and Planning.

NRS 218F.620 Authority to request information from public officers and agencies; compliance required; authority extends to confidential information.

LEGAL DIVISION

NRS 218F.700 Composition; qualifications of Legislative Counsel and General Counsel.

NRS 218F.710 General powers and duties; legal opinions on questions of law; authority of Legislative Counsel and General Counsel to act on behalf of each other regarding certain matters; separation of legal functions required regarding certain matters.

NRS 218F.720 Authority to provide legal representation in actions and proceedings; exemption from fees, costs and expenses; standards and procedures for exercising unconditional right and standing to intervene; payment of costs and expenses of representation.

NRS 218F.730 Authority to secure copyrights.

RESEARCH DIVISION

NRS 218F.800 Qualifications of Research Director; administration of Research Division.

NRS 218F.810 General powers and duties.

_________

GENERAL PROVISIONS

NRS 218F.020 “Agency of the State” defined. 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.

[1:205:1949; A 1953, 169]—(NRS A 1979, 67; 1981, 1517; 1983, 1576; 1985, 850; 1987, 961; 1995, 2674; 1999, 1806, 2201; 2001, 115, 3205; 2009, 1563; 2011, 3238)

ORGANIZATION AND PERSONNEL

NRS 218F.100 Creation and composition; administration of divisions; appointment of Director and chiefs of divisions; designation of Deputy Director.

1. There is hereby created the Legislative Counsel Bureau, which consists of a Legislative Commission, an Interim Finance Committee, a Director, an Audit Division, a Fiscal Analysis Division, a Legal Division, a Research Division and an Administrative Division.

2. The Legislative Auditor is the chief of the Audit Division.

3. The Legislative Counsel and the General Counsel are the chiefs of the Legal Division. The Director shall designate from time to time the Legislative Counsel or the General Counsel or an employee of the Legal Division to be responsible for the administration of the Legal Division.

4. The Research Director is the chief of the Research Division.

5. The Senate Fiscal Analyst and the Assembly Fiscal Analyst are the chiefs of the Fiscal Analysis Division. The Director shall designate from time to time one of the Fiscal Analysts or an employee of the Fiscal Analysis Division to be responsible for the administration of the Fiscal Analysis Division.

6. The Legislative Commission shall appoint the Director. The Director shall appoint the Chief of the Administrative Division and the chiefs of the other divisions with the approval of the Legislative Commission, and may serve as the chief of any division.

7. The Director may, with the consent of the Legislative Commission, designate one of the chiefs of the divisions or an employee of the Legislative Counsel Bureau as the Deputy Director.

[1:134:1953]—(NRS A 1963, 1014; 1967, 1371; 1969, 1014; 1973, 1352, 1659; 1975, 1395; 1977, 344; 1979, 67; 1981, 559; 1985, 398; 2005, 1234; 2011, 3671; 2020, 32nd Special Session, 14)

1. The Director serves as the executive head of the Legislative Counsel Bureau and shall direct and supervise all of its administrative and technical activities. The 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 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:

(a) Exempt from the provisions of chapter 284 of NRS.

(b) Entitled to such leaves of absence as the Legislative Commission shall prescribe.

[6:134:1953]—(NRS A 1963, 485, 1016; 1965, 1456; 1971, 1546; 1973, 1352; 1977, 345, 753; 1985, 1132; 2003, 2092; 2011, 3238, 3671)

NRS 218F.120 Employment of personnel for legislative duties between regular sessions; payment of salaries and related costs.

1. Notwithstanding the provisions of NRS 218A.510 and 218A.540, between regular sessions, the Director, 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.

(Added to NRS by 1963, 40; A 1963, 1009; 1971, 1546; 1999, 2202; 2011, 3238)

CODE OF CONDUCT AND DISCLOSURE OF INFORMATION

NRS 218F.150 Officers and employees of Legislative Counsel Bureau not to oppose or urge legislation; exceptions; conditions and limitations on disclosure of information.

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 General 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 nature or content of any matter entrusted to the Legislative Counsel Bureau, and such matter is confidential and privileged and is not subject to discovery or subpoena, unless the person entrusting the matter to the Legislative Counsel Bureau requests or consents to the disclosure.

2. The nature or content of any work produced by the officers and employees of the Research Division 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 matter submitted by the requester which has not been published or publicly disclosed.

3. The nature and content of any work produced by the officers and employees of the Legal Division and the Fiscal Analysis Division and any matter entrusted to those officers and employees to produce such work are confidential and privileged and are not subject to discovery or subpoena.

4. The provisions of subsections 1, 2 and 3 apply to any matter or work in any form, including, without limitation, in any oral, written, audio, visual, digital or electronic form, and such matter or work includes, without limitation, any communications, information, answers, advice, opinions, recommendations, drafts, documents, records, questions, inquiries or requests in any such form.

5. 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.

6. 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.

(Added to NRS by 1977, 340; A 1979, 1327; 1985, 1131; 1987, 1167; 1989, 267; 1991, 462, 1835, 2447; 1993, 574, 575; 1995, 1107, 1950; 2011, 3238, 3672; 2015, 3192; 2020, 32nd Special Session, 14)

CERTAIN RIGHTS AND DUTIES IN WORKPLACE

NRS 218F.170 Report concerning equity in workplace.

1. The Director shall prepare and submit to the Governor and transmit to the Legislature an annual report concerning equity in the workplace, which includes:

(a) A summary of each complaint filed by an employee of the Legislative Counsel Bureau in the immediately preceding calendar year which alleges conduct, whether intentional or unintentional, which is not unlawful but is against the public policy set forth in NRS 281.001, including, without limitation, conduct that communicates a negative attitude toward persons of marginalized identities; and

(b) Any action taken in response to a complaint described in paragraph (a).

2. Any information contained in a report required by subsection 1 must be reported in a manner that does not reveal the identity of any person.

3. As used in this section, “marginalized identity” has the meaning ascribed to it in NRS 284.015.

(Added to NRS by 2021, 1889)

BUDGET AND FINANCES

NRS 218F.200 Appropriation of money to Legislative Fund to carry out functions; payment of claims.

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 or the Director’s designee before they are paid.

[11:134:1953] + [Part 4:205:1949; A 1953, 171]—(NRS A 1963, 1015; 1971, 222; 1973, 1117; 1997, 3071; 1999, 2202; 2011, 3239)

NRS 218F.210 Special Account for Intergovernmental Activities.

1. A Special Account for Intergovernmental Activities is hereby created.

2. The Director 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 the Chair’s designee and the Director or the Director’s designee.

(Added to NRS by 1983, 236; A 1987, 130; 2011, 3239)

NRS 218F.220 Petty cash accounts.

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 and must be replenished periodically from the Legislative Fund upon approval of expenditures and submission of vouchers or other documents to indicate payment.

(Added to NRS by 1979, 290; A 1995, 1108; 1997, 3071; 2003, 2092; 2011, 3239)—(Substituted in revision for NRS 218.642)

NRS 218F.230 Checking account; advance money for travel.

1. The Legislative Counsel Bureau shall maintain a checking account in any qualified bank or credit union for the purposes of:

(a) Providing advance money and reimbursement to Legislators and officers and employees for travel expenses;

(b) Paying the salaries of persons on the payroll of the Legislative 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 672.755.

3. All checks written on the checking account must be signed by the Chair of the Legislative Commission and the Director or the Director’s designee, except that during a regular session, the Majority Leader of the Senate and the Speaker of the Assembly shall sign the checks.

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.

5. A Legislator or officer or employee who receives advance money for travel:

(a) Is entitled to receive upon request any authorized travel expenses in excess of the amount advanced.

(b) Shall reimburse the Legislative Fund any amount advanced that is not used for reimbursable travel expenses.

(Added to NRS by 1979, 290; A 1981, 5, 17; 1997, 3072; 1999, 1462, 2202; 2001, 91; 2011, 3240)

OPERATIONS AND FACILITIES

NRS 218F.300 Provision of administrative services for operation of Legislature; acquisition and maintenance of legislative property.

1. All administrative services necessary to the operation of the Legislature during and between regular and special sessions 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.

3. At the beginning of each regular session, the Director shall submit a report to the Legislature detailing all supplies, furniture and equipment acquired to meet the needs of the regular session and detailing all supplies, furniture and equipment on hand.

[9:134:1953]—(NRS A 1965, 1456; 1971, 1545; 2011, 3240)

NRS 218F.310 Recycling of paper, paper products, electronic waste and other recyclable materials.

1. Except as otherwise provided in this section, the Legislative Counsel Bureau shall recycle or cause to be recycled the paper and paper products, electronic waste and other recyclable materials it produces. This subsection does not apply to:

(a) Construction and demolition waste; or

(b) Confidential documents if there is an additional cost for recycling those documents.

2. Before recycling electronic waste, the Legislative Counsel Bureau shall permanently remove any data stored on the electronic waste.

3. The Legislative Counsel Bureau is not required to comply with the requirements of subsection 1 if the Director determines that the cost to recycle or cause to be recycled the paper and paper products, electronic waste and other recyclable materials produced by the Legislative Counsel Bureau is unreasonable and would place an undue burden on the operations of the Legislative Counsel Bureau.

4. Except as otherwise provided in this subsection, the Legislative Commission shall consult with the State Department of Conservation and Natural Resources for the disposition of the paper and paper products, electronic waste and other recyclable materials to be recycled, including, without limitation, the placement of recycling containers on the premises of the Legislative Building. This subsection does not apply to construction and demolition waste.

5. Any money received by the Legislative Counsel Bureau for recycling or causing to be recycled the paper and paper products, electronic waste and other recyclable materials it produces must be:

(a) Accounted for separately; and

(b) Used to carry out the provisions of this section.

6. As used in this section:

(a) “Electronic waste” has the meaning ascribed to it in NRS 444A.0115.

(b) “Paper” has the meaning ascribed to it in NRS 444A.0123.

(d) “Recyclable material” has the meaning ascribed to it in NRS 444A.013.

(Added to NRS by 1991, 906; A 1999, 3182; 2011, 3240; 2019, 2217)

NRS 218F.312 Requirements for disposing of electronic waste.

1. Before disposing of electronic waste, the Legislative Counsel Bureau shall permanently remove any data stored on the electronic waste.

2. As used in this section, “electronic waste” means electronic equipment that has been discarded, is no longer wanted by the owner or for any other reason enters the waste collection, recovery, treatment, processing or recycling system.

(Added to NRS by 2019, 2575)

NRS 218F.320 Establishment of on-site child care facility.

1. The Legislative Counsel Bureau may contract for the establishment of an on-site child care facility for children of employees of the Legislative 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.

(Added to NRS by 2001, 3200; A 2011, 3241)

PUBLICATIONS, SALES AND SERVICES

NRS 218F.400 Legislative Manual.

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 must be paid from the Legislative Fund.

(Added to NRS by 1965, 1461; A 1971, 1545; 1975, 1395; 2003, 2092; 2011, 3241)

NRS 218F.410 Sale of studies, reports and materials. The Director 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.

(Added to NRS by 1963, 1031; A 1971, 1545; 1973, 1117; 1979, 291; 2005, 1234; 2011, 3241)

NRS 218F.420 Sale of manuals and handbooks containing selected portions of NRS.

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.

2. Such manuals and handbooks must be sold at a price fixed by the Director, and all money received for the sale of such publications must be deposited in the Legislative Fund in the State Treasury.

(Added to NRS by 1967, 841; A 1971, 1545; 1973, 1117; 2005, 1235; 2011, 3241)

NRS 218F.430 Sale of souvenirs.

1. The Director may approve the purchase and sale of souvenirs of the Nevada Legislature and of the State of Nevada in the Legislative Building or any building maintained for the use of the Legislature or the Legislative Counsel Bureau. Such souvenirs may include, without limitation, souvenir wine. The Director shall fix reasonable fees for the items which must in the aggregate at least cover the cost to the Legislative Counsel Bureau of purchasing and selling the items.

2. The money received from the sale of souvenirs must be deposited in a revolving account in the Legislative Fund. The money in the revolving account must be used to purchase additional souvenirs for sale and pay any other expenses related to the sale of souvenirs deemed appropriate by the Director. The balance in the revolving account not exceeding $150,000 must not be reverted to the Legislative Fund at the end of the fiscal year.

(Added to NRS by 1995, 1106; A 1997, 3072; 2007, 898)

NRS 218F.440 Computer searches and electronic access to publications and other information.

1. The Director 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.

(Added to NRS by 1985, 1130; A 1987, 394; 2005, 1235; 2011, 3242)

ADMINISTRATIVE DIVISION

NRS 218F.500 Composition; general powers and duties.

1. The Administrative Division consists of the Chief of the Division and such staff as the Chief may require.

2. The Administrative Division is responsible for:

(a) Accounting and human resources;

(b) Audio and video services;

(d) Control of inventory;

(e) Information technology services;

(f) Janitorial services;

(g) Maintenance of buildings, grounds and vehicles;

(h) Purchasing;

(i) Security;

(j) Shipping and receiving;

(k) Utilities; and

(l) Warehousing operations.

3. The Legislative Commission may assign any other appropriate function to the Administrative Division.

(Added to NRS by 1979, 68; A 1981, 560; 1985, 1132; 2009, 1565)

NRS 218F.510 Duties of Chief as Legislative Fiscal Officer. [Effective through June 30, 2049.]

1. The Chief Financial Officer 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:

(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

(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:

(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

(b) Pay those amounts to the Program.

4. The Chief:

(a) May provide for the purchase of United States savings bonds or similar United States obligations by salary deduction for any Legislator, employee of the Legislature or employee of the Legislative Counsel Bureau who submits a written request for these deductions and purchases.

(b) Shall provide forms authorizing deductions for and purchases of these United States obligations.

5. The Chief may:

(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.

(b) In accordance with the terms of an agreement entered into pursuant to NRS 701A.450 between the Director of the Office of Energy and the employee of the Legislature or employee of the Legislative Counsel Bureau specifying amounts, withhold those amounts and pay them to the Director of the Office of Energy for credit to the Renewable Energy Account created by NRS 701A.450.

(Added to NRS by 1981, 558; A 2003, 3273; 2011, 3242; 2015, 1919; 2023, 1009)

NRS 218F.510 Duties of Chief as Legislative Fiscal Officer. [Effective July 1, 2049.]

2. The Chief shall:

(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

(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:

(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

(b) Pay those amounts to the Program.

4. The Chief:

(b) Shall provide forms authorizing deductions for and purchases of these United States obligations.

5. The Chief may:

(b) Adopt regulations necessary to carry out the provisions of this subsection.

(Added to NRS by 1981, 558; A 2003, 3273; 2011, 3242; 2015, 1919, effective July 1, 2049; 2023, 1009)

NRS 218F.520 Duties relating to order and security; regulations governing vehicular and pedestrian traffic; penalties.

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.

3. The Legislative Commission may by affirmative vote of a majority of its members adopt, amend, repeal and enforce reasonable regulations governing vehicular and pedestrian traffic on all property within the supervision and control of the Legislature pursuant to subsection 1 of NRS 331.135.

4. The regulations have the force and effect of law.

5. A copy of every such regulation, giving the date that it takes effect, must be filed with the Secretary of State, and copies of the regulations must be published immediately after adoption and issued in pamphlet form for distribution to the general public.

6. A person who violates any regulation adopted pursuant to this section is guilty of a misdemeanor.

(Added to NRS by 1983, 1576; A 2011, 3243, 3672)

FISCAL ANALYSIS DIVISION

NRS 218F.600 Composition; general powers and duties.

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) To the extent of available resources, perform a budget stress test in each even-numbered year comparing the estimated future revenue to, and the estimated future expenditure from, the major funds in the State Treasury under various potential economic conditions and submit a report regarding the results of the test to the Governor and the Legislature. The Fiscal Analysis Division shall cause a copy of any such report to be posted on the Internet website of the Legislature.

(g) 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.

(h) Advise the Legislature and its members and committees regarding matters of a fiscal nature.

(i) Perform such other functions as may be assigned to the Fiscal Analysis Division by the Legislature, the Legislative Commission or the Director.

(Added to NRS by 1977, 339; A 1985, 850; 2011, 3243; 2021, 1038)

NRS 218F.610 Office of Financial Analysis and Planning.

1. The Office of Financial Analysis and Planning is hereby created within the Fiscal Analysis Division. 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.

(Added to NRS by 1999, 2209; A 2011, 3243)

NRS 218F.620 Authority to request information from public officers and agencies; compliance required; authority extends to confidential information.

1. Upon the request of a Fiscal Analyst or his or her 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 department in the State of Nevada, every officer of the Judicial 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.

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.

[8:134:1953]—(NRS A 1963, 1030; 1977, 345; 1995, 2818; 1997, 2705; 2011, 3243)

LEGAL DIVISION

NRS 218F.700 Composition; qualifications of Legislative Counsel and General Counsel.

1. The Legal Division consists of the Legislative Counsel and the General Counsel and such additional staff as the exercise and performance of their powers and duties may require.

2. The Legislative Counsel must be:

(a) An attorney admitted to practice law in one of the United States; and

(b) Knowledgeable and experienced in governmental law and operations, including, without limitation, some or all of the following:

(1) Political science;

(2) Parliamentary practice;

(3) Legislative procedure; and

(4) The methods of research, statutory revision and bill drafting.

3. The General Counsel must be:

(a) An attorney admitted to practice law in one of the United States; and

(b) Knowledgeable and experienced in governmental law and operations, including, without limitation, some or all of the following:

(1) Governmental litigation before federal and state courts and agencies;

(2) Governmental ethics, meetings, records, privileges and immunities;

(3) Governmental officers and employees and employment law; and

(4) Governmental contracts, intellectual property and transactional law.

4. The provisions of this section establish the qualifications of the Legislative Counsel and the General Counsel but do not define or limit the respective powers and duties of the Legislative Counsel and the General Counsel.

[5:134:1953]—(NRS A 1963, 484, 1015; 1971, 1546; 1975, 344; 1985, 1162; 2011, 3244; 2020, 32nd Special Session, 15)

1. The Legislative Counsel and the General Counsel each have:

(a) The powers and duties assigned by this title and any law or resolution; and

(b) Such other powers and duties as may be assigned by the Director, the Legislature and the Legislative Commission.

2. Upon the request of the Director or any member or committee of the Legislature or the Legislative Commission, the Legislative Counsel or the General Counsel may give a legal opinion orally or in writing upon any question of law, including, without limitation, existing law and suggested, proposed and pending legislation.

3. Except as otherwise provided in subsection 4, if the Legislative Counsel or the General Counsel, as applicable, is unavailable or otherwise unable to carry out his or her powers and duties regarding a particular matter for any reason, the Legislative Counsel or the General Counsel, as applicable, may carry out those powers and duties on behalf of the other legal counsel regarding that particular matter.

4. If any particular matter requires an appropriate separation of legal functions within the Legal Division, the Legislative Counsel and the General Counsel shall take necessary and proper actions to ensure that the appropriate separation of legal functions is established and maintained within the Legal Division.

(Added to NRS by 1963, 1016; A 1965, 1456; 1985, 1132; 2011, 3244; 2020, 32nd Special Session, 16)

1. When deemed necessary or advisable to protect the official interests of the Legislature 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 or the General Counsel and 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. In any such action or proceeding, the Legislature 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 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.

(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.

(Added to NRS by 1965, 1461; A 1971, 1546; 1995, 1108; 1999, 2203; 2007, 3305; 2009, 1565; 2011, 3244; 2020, 32nd Special Session, 16)

NRS 218F.730 Authority to secure copyrights.

1. The Legislative Counsel or the General Counsel is authorized to secure copyright under the laws of the United States in all publications issued by the Legislative Counsel Bureau.

2. Each copyright must be secured in the name of the State of Nevada.

(Added to NRS by 1971, 155; A 2011, 3246; 2020, 32nd Special Session, 17)

RESEARCH DIVISION

NRS 218F.800 Qualifications of Research Director; administration of Research Division. The Research Director:

1. Must have a graduate degree from an accredited college or university and must be knowledgeable in some or all of the following:

(a) Research techniques;

(b) Information sources;

(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.

(Added to NRS by 1973, 1658; A 1977, 345; 1985, 1133; 1995, 1108; 2011, 3246)

NRS 218F.810 General powers and duties. The Research Division shall:

1. Provide the Legislature and its members and committees 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 its members and committees concerning the apportionment of legislative districts and any other political districts the boundaries of which are determined by the Legislature.

9. Perform such other functions as may be assigned by the Legislature, the Legislative Commission or the Director.

(Added to NRS by 1985, 1130; A 1995, 1109; 2011, 3246)