SB216_EN

Senate Bill No. 216–Committee on Legislative
Affairs and Operations

CHAPTER..........

AN ACT relating to the Legislature; creating a Legislative Committee for the Review and Oversight of the Tahoe Regional Planning Agency and Marlette Lake Water System; providing the powers and duties of the Committee; expanding the duties of the Legislative Committee on Public Lands to include the review of programs and activities relating to public water authorities, districts and systems, and certain other entities involved in the planning, development or distribution of water in the State of Nevada; and providing other matters properly relating thereto.

Whereas, Various governmental entities within the State of Nevada play an important role in the management of the natural resources and economic security of the residents of this state; and

Whereas, The Tahoe Regional Planning Compact provides for the maintenance of the scenic, recreational, educational, scientific, natural and public health values of the entire Lake Tahoe Basin; and

Whereas, The Tahoe Regional Planning Agency adopts and enforces a regional plan and provides opportunities for the orderly growth and development of the Lake Tahoe Basin; and

Whereas, The Legislature of the State of Nevada is vitally concerned with achieving regional goals in conserving the natural resources of the entire Lake Tahoe Basin and with the programs and activities of the Tahoe Regional Planning Agency that affect these goals; and

Whereas, Legislative committees have successfully reviewed the programs and activities of the Tahoe Regional Planning Agency on previous occasions and at various times have provided valuable review and oversight for other agencies to ensure efficient cooperation and proper functioning of those agencies; now, therefore,

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

Section 1. Chapter 218 of NRS is hereby amended by adding

thereto the provisions set forth as sections 2 to 8, inclusive, of this

act.

Sec. 2. As used in sections 2 to 8, inclusive, of this act, unless

the context otherwise requires, “Committee” means the Legislative

Committee for the Review and Oversight of the Tahoe Regional

Planning Agency and the Marlette Lake Water System created by

section 3 of this act.

Sec. 3. 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. The

members must be appointed to provide representation from the

various geographical regions of the State.

2. The members of the Committee shall elect a Chairman

from one house of the Legislature and a Vice Chairman from the

other house. Each Chairman and Vice Chairman holds office for

a term of 2 years commencing on July 1 of each odd-numbered

year.

3. Any member of the Committee who is not a candidate for

reelection or who is defeated for reelection continues to serve until

the next session of the Legislature convenes.

4. Vacancies on the Committee must be filled in the same

manner as original appointments.

5. The Committee shall report annually to the Legislative

Commission concerning its activities and any recommendations.

Sec. 4. 1. The members of the Committee shall meet

throughout each year at the times and places specified by a call of

the Chairman or a majority of the Committee.

2. The Director of the Legislative Counsel Bureau or a

person he designates 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.

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 during a regular or

special session of the Legislature, is entitled to receive the

compensation provided for a majority of the members of the

Legislature during the first 60 days of the preceding regular

session for each day or portion of a day during which he attends a

meeting of the Committee or is otherwise engaged in the business

of the Committee plus the per diem allowance provided for state

officers and employees generally and the travel expenses provided

pursuant to NRS 218.2207. The salaries and expenses paid

pursuant to this subsection and any other expenses of the

Committee must be paid from the Legislative Fund.

Sec. 5. The Committee shall:

1. Provide appropriate review and oversight of the Tahoe

Regional Planning Agency and the Marlette Lake Water System;

2. Review the budget, programs, activities, responsiveness

and accountability of the Tahoe Regional Planning Agency and

the Marlette Lake Water System in such a manner as deemed

necessary and appropriate by the Committee;

3. Study the role, authority and activities of:

(a) The Tahoe Regional Planning Agency regarding the Lake

Tahoe Basin; and

(b) The Marlette Lake Water System regarding Marlette Lake;

and

4. Continue to communicate with members of the Legislature

of the State of California to achieve the goals set forth in the

Tahoe Regional Planning Compact.

Sec. 6. The Committee may:

1. Conduct investigations and hold hearings in connection

with its review and study;

2. Apply for any available grants and accept any gifts, grants

or donations and use any such gifts, grants or donations to aid the

Committee in carrying out its duties pursuant to sections 2 to 8,

inclusive, of this act.

3. Direct the Legislative Counsel Bureau to assist in its

research, investigations, review and study; and

4. Recommend to the Legislature, as a result of its review and

study, any appropriate legislation.

Sec. 7. 1. In conducting the investigations and hearings of

the Committee:

(a) Any member of the Committee may administer oaths.

(b) The Chairman of the Committee may cause the deposition

of witnesses, residing either within or outside of the State, to be

taken in the manner prescribed by rule of court for taking

depositions in civil actions in the district courts.

attendance of witnesses and the production of books, papers or

documents.

2. If a witness refuses to attend or testify or to produce books,

papers or documents as required by the subpoena, the Chairman

may report to the district court by petition, setting forth:

(a) That due notice has been given of the time and place of

attendance of the witness or the production of the books, papers or

documents;

(b) That the witness has been subpoenaed by the Committee

pursuant to this section; and

produce the books, papers or documents required by the subpoena

before the Committee that is named in the subpoena, or has

refused to answer questions propounded to him,

and asking for an order of the court compelling the witness to

attend and testify or to produce the books, papers or documents

before the Committee.

3. Upon such a petition, the court shall enter an order

directing the witness 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 show cause why he has

not attended or testified or produced the books, papers or

documents before the Committee. 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 appear before the Committee at the time and place fixed in

the order and testify or produce the required books, papers or

documents. Failure to obey the order constitutes contempt of

court.

Sec. 8. Each witness who appears before the Committee by

its order, except a state officer or employee, is entitled to receive

for his attendance the fees and mileage provided for witnesses in

civil cases in the courts of record 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

the Chairman of the Committee.

Sec. 9. NRS 218.5368 is hereby amended to read as follows:

218.5368 The Committee shall:

1. 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.

2. Advance knowledge and understanding in local, regional

and national forums of Nevada’s unique situation with respect to

public lands.

3. Support legislation that will enhance state and local roles in

the management of public lands and will increase the disposal of

public lands.

4. Review the programs and activities of:

(a) The Colorado River Commission of Nevada;

(b) 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

the State has an agreement regarding the planning, development

or distribution of water resources, or any combination thereof.

5. 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 subsection 4.

Sec. 10. NRS 331.165 is hereby repealed.

Sec. 11. 1. This act becomes effective on July 1, 2003.

2. The amendatory provisions of section 9 of this act expire by

limitation on June 30, 2007.

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