EXEMPT (Reprinted with amendments adopted on June 5, 2023) SECOND REPRINT A.B. 243 - *AB243 _R2 * ASSEMBLY BILL NO. 243–COMMITTEE ON LEGISLATIVE OPERATIONS AND ELECTIONS (ON BEHALF OF THE JOINT INTERIM STANDING COMMITTEE ON LEGISLATIVE OPERATIONS AND ELECTIONS) MARCH 3, 2023 ____________ Referred to Committee on Legislative Operations and Elections SUMMARY—Revises provisions relating to legislative affairs. (BDR 17-366) FISCAL NOTE: Effect on Local Government: No. Effect on the State: No. ~ EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted. AN ACT relating to legislative affairs; making various changes relating to legislative interim committees and presiding officers of those committees; revising provisions relating to Joint Interim Standing Committees; revising the deadline to submit an application to the Joint Interim Standing Committee on Education to serve on the Nevada State Teacher Recruitment and Retention Advisory Task Force; repealing the requirement that the Joint Interim Standing Committee on Health and Human Services review certain regulations; revising provisions relating to legislative committee members and staff regulated by the Nevada Lobbying Disclosure and Regulation Act and Nevada Financial Disclosure Act; and providing other matters properly relating thereto. Legislative Counsel’s Digest: Existing law establishes various legislative interim committees that are created 1 or authorized to conduct studies or investigations or perform other legislative 2 business during the interim between legislative sessions, and existing law provides 3 for the appointment or designation of chairs and vice chairs of such interim 4 committees. (Chapter 218E of NRS, NRS 232B.210-232B.250) Existing law also 5 contains provisions that apply exclusively to such interim committees without 6 applying to any session committees. (NRS 218E.105-218E.140) 7 – 2 – - *AB243 _R2 * Under existing common-law principles of parliamentary law, the chair of a 8 committee serves as the presiding officer of the committee and may take, direct or 9 require any necessary and reasonable actions to carry out the committee’s 10 management, government, budget, meetings and proceedings, subject to the laws 11 and rules governing the committee. In addition, if a vacancy occurs in the position 12 of chair, or if the chair is prohibited or disqualified from participating or acting on a 13 particular matter for any reason or is absent, disabled or otherwise unavailable or 14 unable to carry out the position for any reason, the vice chair of the committee 15 serves as the acting chair, with all the powers, privileges and immunities of the 16 position of chair, until the vacancy is filled or the chair is eligible, available or able 17 to carry out the position again, as applicable. (Mason’s Manual of Legislative 18 Procedure §§ 575-579, 608-611 (2020); Luther S. Cushing, Elements of the Law & 19 Practice of Legislative Assemblies §§ 287, 308, 313, 314, 1910 (1856); Hicks v. 20 Long Branch Comm’n, 55 A. 250, 250-51 (N.J. 1903)) To assist interim committees 21 in conducting their legislative business consistently with existing common-law 22 principles of parliamentary law, sections 4-6 of this bill codify those existing 23 common-law principles into the statutory provisions that apply to interim 24 committees. (Welfare Div. v. Maynard, 84 Nev. 525, 529 (1968) (“A statutory 25 enactment can be simply a legislative pronouncement of already existing law.”); 26 State Gaming Comm’n v. Southwest Sec., 108 Nev. 379, 383-84 (1992)) 27 Existing law: (1) establishes Joint Interim Standing Committees of the 28 Legislature that may evaluate and review issues within the jurisdiction of 29 the corresponding standing committees from the preceding regular session of the 30 Legislature, exercise certain investigative powers and, under certain circumstances, 31 conduct studies directed by the Legislature or the Legislative Commission; (2) 32 provides for the appointment of regular members and alternate members to each 33 Joint Interim Standing Committee; and (3) requires the Legislative Commission to 34 select a Chair and a Vice Chair for each Joint Interim Standing Committee. (NRS 35 218E.320, 218E.330) 36 Sections 8-10 of this bill clarify and revise various requirements governing the 37 Joint Interim Standing Committees. Section 8 of this bill renames the Joint Interim 38 Standing Committee on Natural Resources as the Joint Interim Standing Committee 39 on Natural Resources and Public Lands. Sections 1, 15-17, 43 and 47.5 of this bill 40 make conforming changes. Section 8 additionally requires the appointing 41 authorities to appoint the committee members for each Joint Interim Standing 42 Committee, along with the Chairs and Vice Chairs, not later than August 31 43 following the adjournment of each regular session. Section 8 also clarifies the 44 length of the terms that the committee members and the Chairs and Vice Chairs 45 serve while qualified. 46 Section 9 of this bill authorizes the Joint Interim Standing Committees to begin 47 holding their meetings on September 1 after the adjournment of each regular 48 session, instead of November 1 under existing law. Section 9 provides that if a 49 regular member cannot attend a meeting of the Committee, an alternate member 50 must be of the same political party as the regular member, and section 9 clarifies 51 that, when acting in place of a regular member, an alternate member has all the 52 powers, privileges and immunities of a regular member. 53 Existing law requires that any recommended legislation proposed by a Joint 54 Interim Standing Committee must be approved by a majority of the members of the 55 Senate and a majority of the members of the Assembly serving on the Committee. 56 (NRS 218E.325) Section 9 changes this requirement by providing that any 57 recommended legislation proposed by a Committee must be approved by a vote in 58 favor of such legislation by at least five members of the eight-member Committee, 59 regardless of their House. 60 Existing law requires the Joint Interim Standing Committee on Legislative 61 Operations and Elections to evaluate and review issues relating to governmental 62 – 3 – - *AB243 _R2 * purchasing. (NRS 218E.330) Section 10 of this bill transfers such duties to the 63 Joint Interim Standing Committee on Government Affairs. Section 44 of this bill 64 makes a conforming change to require that the biennial report on recommendations 65 for legislation relating to government purchasing be submitted to the Joint Interim 66 Standing Committee on Government Affairs. 67 Existing law creates the Subcommittee on Public Lands of the Joint Interim 68 Standing Committee on Natural Resources and prescribes the Subcommittee’s 69 powers and duties. (NRS 218E.500-218E.525, NRS 321.7355) Sections 15-17, 43 70 and 51 of this bill eliminate the Subcommittee and transfer its powers and duties to 71 the renamed Joint Interim Standing Committee on Natural Resources and Public 72 Lands. Section 16 of this bill requires the renamed Joint Interim Standing 73 Committee on Natural Resources and Public Lands to hold at least three meetings 74 during each legislative interim where the primary physical location of the meeting 75 is located in a different county for each such meeting other than Clark County, 76 Washoe County or Carson City. However, section 16 does not prohibit the use of 77 authorized remote-technology systems for each such meeting, including when 78 necessary to connect the primary physical location of the meeting to additional 79 physical locations for the meeting in Clark County, Washoe County or Carson City. 80 Existing law creates: (1) the Legislative Committee for the Review and 81 Oversight of the Tahoe Regional Planning Agency and the Marlette Lake Water 82 System; and (2) the Legislative Committee on Senior Citizens, Veterans and Adults 83 With Special Needs. (NRS 218E.550-218E.570, 218E.745-218E.760) Sections 18 84 and 19 of this bill revise the membership, organization and operations of each 85 Legislative Committee. 86 Existing law creates the Sunset Subcommittee of the Legislative Commission. 87 (NRS 232B.210-232B.250) Sections 33-40 of this bill: (1) rename the Sunset 88 Subcommittee as the Sunset Committee of the Legislature; and (2) revise the 89 membership, organization and operations of the Sunset Committee. 90 Existing law authorizes Joint Interim Standing Committees and other interim 91 committees to request the drafting of a certain number of legislative measures for 92 each regular session. (NRS 218D.160) Section 1 of this bill revises the number of 93 such requests that may be made by the Sunset Committee of the Legislature. 94 Existing law requires the Joint Interim Standing Committee on Health and 95 Human Services to review certain regulations that are proposed or adopted by 96 certain licensing boards and that are related to health care. (NRS 439B.225) 97 Section 51 of this bill repeals the requirement that the Joint Interim Standing 98 Committee on Health and Human Services review such regulations. Sections 41 99 and 42 of this bill make conforming changes to eliminate the requirement that such 100 regulations be submitted to the Joint Interim Standing Committee on Health and 101 Human Services. 102 Existing law requires a teacher who wishes to serve on the Nevada State 103 Teacher Recruitment and Retention Advisory Task Force to submit an application 104 to the Joint Interim Standing Committee on Education on or before January 15 of 105 an even-numbered year. (NRS 391.494) Section 46 of this bill moves the due date 106 of the application from January 15 of an even-numbered year to December 1 of an 107 odd-numbered year. 108 Existing law requires various reports, documents and other information to be 109 compiled by state or local governmental agencies and then reported to certain 110 legislative committees or staff. (NRS 193.309, 209.192, 209.461, 209.4818, 111 332.215, 388.887, 449.242) Sections 29-32, 44, 45 and 47 of this bill revise those 112 reporting requirements. 113 Under existing law, the Nevada Lobbying Disclosure and Regulation Act 114 (Lobbying Act) prohibits, with certain exceptions, Legislators, legislative officers 115 and legislative staff members from knowingly or willfully soliciting or accepting 116 any gift from a lobbyist, whether or not the Legislature is in a regular or special 117 – 4 – - *AB243 _R2 * session. (NRS 218H.060, 218H.090, 218H.930) Under existing exceptions to the 118 gift prohibitions, if Legislators or members of their households receive anything of 119 value from a lobbyist to undertake or attend any educational or informational 120 meetings, events or trips, such meetings, events or trips are excluded from the term 121 “gift” under the Lobbying Act, but the Legislators are required to report the 122 educational or informational meetings, events or trips on their financial disclosure 123 statements under the Nevada Financial Disclosure Act (Financial Disclosure Act). 124 (NRS 218H.045, 218H.060, 281.5583, 281.571) 125 Sections 20-27 of this bill create exceptions for legislative committee 126 investigative meetings, events or trips. Section 22 of this bill defines a “legislative 127 committee investigative meeting, event or trip” to include any meetings, events or 128 trips that the chair of a legislative committee authorizes as official meetings, events 129 or trips of the committee in order for the members of the committee and legislative 130 staff members to investigate or otherwise receive any education or information on 131 matters that are pertinent to the committee’s legislative business or possible future 132 legislative action. Based on the exceptions in sections 24 and 26 of this bill, such 133 legislative committee investigative meetings, events or trips are not required to be 134 reported on financial disclosure statements under the Financial Disclosure Act. 135 (NRS 281.5583, 281.5585) 136 Sections 24 and 26 also make the existing exceptions for educational or 137 informational meetings, events or trips applicable to: (1) legislative officers, such as 138 the Secretary of the Senate and the Chief Clerk of the Assembly; and (2) legislative 139 staff members but only if such staff members have the approval of their chief 140 administrative supervisors to undertake or attend the educational or informational 141 meetings, events or trips. Because the Financial Disclosure Act applies to 142 legislative officers, such as the Secretary of the Senate and the Chief Clerk of the 143 Assembly, and to certain senior staff members of the Legislative Counsel Bureau, 144 such as the Director and the chiefs of the divisions, they are required to report the 145 educational or informational meetings, events or trips on financial disclosure 146 statements. By contrast, if rank-and-file legislative staff members have the approval 147 of their chief administrative supervisors to undertake or attend any educational or 148 informational meetings, events or trips, they are not required to report the 149 educational or informational meetings, events or trips on financial disclosure 150 statements, unless they qualify as a public officer or candidate or a member of a 151 public officer’s or candidate’s household for the purposes of the Financial 152 Disclosure Act. (NRS 281.005, 281.558, 281.5583, 281.5587) 153 THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS: Section 1. NRS 218D.160 is hereby amended to read as 1 follows: 2 218D.160 1. The Chair of the Legislative Commission may 3 request the drafting of not more than 10 legislative measures before 4 the first day of a regular session, with the approval of the Legislative 5 Commission, which relate to the affairs of the Legislature or its 6 employees, including legislative measures requested by the 7 legislative staff. 8 2. The Chair of the Interim Finance Committee may request 9 the drafting of not more than 10 legislative measures before the first 10 – 5 – - *AB243 _R2 * day of a regular session, with the approval of the Committee, which 1 relate to matters within the scope of the Committee. 2 3. Except as otherwise provided by a specific statute, joint rule 3 or concurrent resolution: 4 (a) [Except as otherwise provided in paragraphs (b), (c) and (d), 5 a] A Joint Interim Standing Committee may request the drafting of 6 not more than 10 legislative measures which relate to matters within 7 the scope of the Committee [. 8 (b) The] , unless another provision in this subsection 9 authorizes a different number of requests for a specific Joint 10 Interim Standing Committee. 11 (b) In addition to the number of requests authorized pursuant 12 to paragraph (a), the Joint Interim Standing Committee on Health 13 and Human Services may also request the drafting of not more than 14 [15] 5 legislative measures [which relate to matters within the scope 15 of the Committee, at least 5 of which must relate to matters] relating 16 to child welfare. 17 (c) [The] In addition to the number of requests authorized 18 pursuant to paragraph (a), the Joint Interim Standing Committee 19 on the Judiciary may also request the drafting of not more [15] than 20 5 legislative measures [which relate to matters within the scope of 21 the Committee, at least 5 of which must relate to matters] relating to 22 juvenile justice. 23 (d) [The] In addition to the number of requests authorized 24 pursuant to paragraph (a), the Joint Interim Standing Committee 25 on Natural Resources and Public Lands may also request the 26 drafting of not more than [14] 4 legislative measures [which relate 27 to matters within the scope of the Committee, at least 4 of which 28 must relate to matters] relating to public lands. [based on the 29 recommendations for legislation submitted by the Subcommittee on 30 Public Lands pursuant to NRS 218E.525.] 31 (e) Any legislative committee created by a statute, other than the 32 Legislative Committee on Senior Citizens, Veterans and Adults 33 With Special Needs created by NRS 218E.750 , the Sunset 34 Committee of the Legislature created by NRS 232B.210 or an 35 interim legislative committee, may request the drafting of not more 36 than 10 legislative measures which relate to matters within the scope 37 of the committee. 38 (f) The Legislative Committee on Senior Citizens, Veterans and 39 Adults With Special Needs created by NRS 218E.750 may request 40 the drafting of not more than 6 legislative measures which relate to 41 matters within the scope of the Committee. 42 (g) The Sunset Committee of the Legislature created by NRS 43 232B.210 may request the drafting of not more than 5 legislative 44 measures which relate to matters within the scope of the 45 – 6 – - *AB243 _R2 * Committee, except that the Committee may request the drafting of 1 additional legislative measures if the Legislative Commission 2 approves each additional request by a majority vote. 3 (h) Any committee or subcommittee established by an order of 4 the Legislative Commission pursuant to NRS 218E.200 may request 5 the drafting of not more than 5 legislative measures which relate to 6 matters within the scope of the study or investigation, except that 7 such a committee or subcommittee may request the drafting of 8 additional legislative measures if the Legislative Commission 9 approves each additional request by a majority vote. 10 [(h)] (i) Any other committee established by the Legislature 11 which conducts an interim legislative study or investigation may 12 request the drafting of not more than 5 legislative measures which 13 relate to matters within the scope of the study or investigation. 14 The requests authorized pursuant to this subsection must be 15 submitted to the Legislative Counsel on or before September 1 16 preceding a regular session unless the Legislative Commission 17 authorizes submitting a request after that date. 18 4. Each request made pursuant to this section must be on a 19 form prescribed by the Legislative Counsel. 20 Sec. 2. (Deleted by amendment.) 21 Sec. 3. (Deleted by amendment.) 22 Sec. 4. NRS 218E.110 is hereby amended to read as follows: 23 218E.110 1. “Committee” means the Legislative 24 Commission, a Joint Interim Standing Committee , the Sunset 25 Committee of the Legislature created by NRS 232B.210 and any 26 other legislative committee or subcommittee created by the 27 provisions of this chapter or a specific statute, concurrent resolution 28 or order of the Legislative Commission to conduct studies or 29 investigations or perform any other legislative business during the 30 legislative interim. 31 2. The term includes, without limitation, any interim, 32 advisory or other similar committee or subcommittee for which 33 legislative staff members serve as the primary administrative or 34 professional staff. 35 3. The term does not include any legislative committee or 36 subcommittee appointed by the Legislature or either House to 37 conduct or perform legislative business during a regular or special 38 session, including, without limitation, any joint, standing, 39 temporary, special or select committee or committee of the whole. 40 Sec. 5. NRS 218E.125 is hereby amended to read as follows: 41 218E.125 1. The provisions of NRS 218E.105 to 218E.140, 42 inclusive, are intended to supplement the other provisions of this 43 chapter and any other [law] laws or rules governing the legislative 44 proceedings of a committee, including, without limitation, any 45 – 7 – - *AB243 _R2 * applicable principles of parliamentary law, and the provisions of 1 NRS 218E.105 to 218E.140, inclusive, do not limit the application 2 of such other [provisions.] legal authorities. 3 2. The powers, privileges and immunities granted by the 4 provisions of NRS 218E.105 to 218E.140, inclusive, are in addition 5 to any other powers, privileges and immunities recognized by [law,] 6 any other laws or rules, including, without limitation, any 7 applicable principles of parliamentary law, and all such powers, 8 privileges and immunities are cumulative, so that the application or 9 attempted application of any one does not bar the application or 10 attempted application of any other. 11 Sec. 6. NRS 218E.130 is hereby amended to read as follows: 12 218E.130 1. A committee may conduct investigations and 13 hold hearings regarding any matter which is pertinent to its 14 legislative business or possible future legislative action and may 15 exercise any of the investigative powers set forth in NRS 218E.105 16 to 218E.140, inclusive. 17 2. The secretary of the committee or any member of the 18 committee may administer oaths to witnesses who appear before the 19 committee. 20 3. The chair of the committee, or the secretary of the 21 committee on behalf of the chair, may cause the deposition of 22 witnesses to be taken, whether the witnesses reside within or 23 without the State, in the manner prescribed by court rules for taking 24 depositions in civil actions in the district court. 25 4. The chair of the committee may take, direct or require any 26 necessary and reasonable actions to carry out the committee’s 27 management, government, budget, meetings and proceedings, 28 subject to the laws and rules governing the committee, including, 29 without limitation, any applicable principles of parliamentary law. 30 5. If a vacancy occurs in the position of chair of the 31 committee, or if the chair is prohibited or disqualified from 32 participating or acting on a particular matter for any reason or is 33 absent, disabled or otherwise unavailable or unable to carry out 34 the position for any reason, the vice chair of the committee shall 35 serve as the acting chair, with all the powers, privileges and 36 immunities of the position of chair, until the vacancy is filled or 37 the chair is eligible, available or able to carry out the position 38 again, as applicable. 39 Sec. 7. (Deleted by amendment.) 40 Sec. 8. NRS 218E.320 is hereby amended to read as follows: 41 218E.320 1. There are hereby created the following Joint 42 Interim Standing Committees of the Legislature: 43 (a) Commerce and Labor; 44 (b) Education; 45 – 8 – - *AB243 _R2 * (c) Government Affairs; 1 (d) Growth and Infrastructure; 2 (e) Health and Human Services; 3 (f) Judiciary; 4 (g) Legislative Operations and Elections; 5 (h) Natural Resources [;] and Public Lands; and 6 (i) Revenue. 7 2. Each Joint Interim Standing Committee consists of eight 8 regular members and five alternate members. As soon as is 9 practicable after the adjournment of each regular session [:] and not 10 later than August 31 immediately following such adjournment: 11 (a) The Speaker of the Assembly shall appoint three members of 12 the Assembly as regular members of each Committee and two 13 members of the Assembly as alternate members of each Committee. 14 (b) The Minority Leader of the Assembly shall appoint two 15 members of the Assembly as regular members of each Committee 16 and one member of the Assembly as an alternate member of each 17 Committee. 18 (c) The Majority Leader of the Senate shall appoint two 19 Senators as regular members of each Committee and one Senator as 20 an alternate member of each Committee. 21 (d) The Minority Leader of the Senate shall appoint one Senator 22 as a regular member of each Committee and one Senator as an 23 alternate member of each Committee. 24 3. Before making their respective appointments, the Speaker of 25 the Assembly, the Majority Leader of the Senate and the Minority 26 Leaders of the Senate and Assembly shall consult so that, to the 27 extent practicable: 28 (a) At least five of the regular members appointed to each Joint 29 Interim Standing Committee served on the corresponding standing 30 committee or committees during the preceding regular session. 31 (b) Not more than five of the regular members appointed to each 32 Joint Interim Standing Committee are members of the same political 33 party. 34 4. The Legislative Commission shall [select] appoint the Chair 35 and Vice Chair of each Joint Interim Standing Committee from 36 among the members of the Committee [.] and shall make such 37 appointments as soon as is practicable after the adjournment of 38 each regular session and not later than August 31 immediately 39 following such adjournment. The Chair must be appointed from 40 one House of the Legislature and the Vice Chair from the other 41 House. The position of Chair must alternate each biennium between 42 the Houses of the Legislature. [Each of those officers] 43 5. Except as otherwise provided in this section, each Chair 44 and Vice Chair holds the position , while qualified, until a 45 – 9 – - *AB243 _R2 * successor is appointed after the next regular session. If a vacancy 1 occurs in the position of Chair or Vice Chair, the vacancy must be 2 filled in the same manner as the original [selection] appointment for 3 the remainder of the unexpired term. 4 [5.] 6. Except as otherwise provided in this subsection, a 5 member of a Joint Interim Standing Committee holds his or her 6 membership on the Committee, while qualified, until a successor 7 is appointed after the next regular session. The membership of any 8 member of a Joint Interim Standing Committee who does not 9 become a candidate for reelection or who is defeated for reelection 10 terminates on the day next after the general election. The Speaker 11 designate of the Assembly or the Majority Leader designate of the 12 Senate, as the case may be, may appoint a member to fill the 13 vacancy for the remainder of the unexpired term. 14 [6.] 7. Vacancies on a Joint Interim Standing Committee must 15 be filled in the same manner as original appointments. 16 Sec. 9. NRS 218E.325 is hereby amended to read as follows: 17 218E.325 1. Except as otherwise ordered by the Legislative 18 Commission, the members of a Joint Interim Standing Committee 19 shall meet not earlier than [November 1 of each odd-numbered year] 20 September 1 immediately following the adjournment of each 21 regular session and not later than August 31 of the following even-22 numbered year at the times and places specified by a call of the 23 Chair or a majority of the Committee. 24 2. The Director or his or her designee shall act as the nonvoting 25 recording Secretary of each Joint Interim Standing Committee. 26 3. Five members of a Joint Interim Standing Committee 27 constitute a quorum, and a quorum may exercise all the power and 28 authority conferred on the Committee, except that any 29 recommended legislation proposed by [a] the Committee must be 30 approved by a [majority of the members of the Senate and a 31 majority of the members of the Assembly serving on] vote in favor 32 of such legislation by at least five members of the Committee. 33 4. All requests for the drafting of recommended legislation 34 approved by a Joint Interim Standing Committee must be made in 35 accordance with NRS 218D.160. 36 5. If an alternate member of a Joint Interim Standing 37 Committee attends a meeting of the Committee in place of a 38 regular member who cannot attend the meeting, the alternate 39 member who attends the meeting must be of the same political 40 party as the regular member. When acting in place of a regular 41 member, an alternate member has all the powers, privileges and 42 immunities of a regular member. 43 6. Except during a regular or special session, for each day or 44 portion of a day during which a member of a Joint Interim Standing 45 – 10 – - *AB243 _R2 * Committee attends a meeting of the Committee or is otherwise 1 engaged in the work of the Committee, the member is entitled to 2 receive the: 3 (a) Compensation provided for a majority of the members of the 4 Legislature during the first 60 days of the preceding regular session; 5 (b) Per diem allowance provided for state officers and 6 employees generally; and 7 (c) Travel expenses provided pursuant to NRS 218A.655. 8 [] 9 7. The compensation, per diem allowances and travel expenses 10 of the members of a Joint Interim Standing Committee must be 11 paid from the Legislative Fund. 12 Sec. 10. NRS 218E.330 is hereby amended to read as follows: 13 218E.330 1. A Joint Interim Standing Committee may: 14 (a) Evaluate and review issues within the jurisdiction of the 15 corresponding standing committee or committees from the 16 preceding regular session; 17 (b) Exercise any of the investigative powers set forth in NRS 18 218E.105 to 218E.140, inclusive; and 19 (c) Within the limits of the Committee’s budget, conduct studies 20 directed by the Legislature or the Legislative Commission. 21 2. In addition to the authorized scope of issues set forth in 22 paragraph (a) of subsection 1: 23 (a) The Joint Interim Standing Committee on Health and Human 24 Services shall, either as part of its regular work or through 25 appointment of a subcommittee, evaluate and review issues relating 26 to child welfare. 27 (b) The Joint Interim Standing Committee on the Judiciary shall, 28 either as part of its regular work or through appointment of a 29 subcommittee, evaluate and review issues relating to juvenile 30 justice. 31 (c) The Joint Interim Standing Committee on [Legislative 32 Operations and Elections] Government Affairs may evaluate and 33 review issues relating to governmental purchasing, including, 34 without limitation, recommendations submitted to the Joint Interim 35 Standing Committee by the Commission to Study Governmental 36 Purchasing pursuant to NRS 332.215. 37 3. The Legislative Commission shall review and approve the 38 budget and work program of each Joint Interim Standing Committee 39 and any changes to the budget or work program. 40 4. A Joint Interim Standing Committee shall prepare a 41 comprehensive report of the Committee’s activities in the interim 42 and its findings and any recommendations for proposed legislation. 43 The report must be submitted to the Director for distribution to the 44 next regular session. 45 – 11 – - *AB243 _R2 * Sec. 11. (Deleted by amendment.) 1 Sec. 12. (Deleted by amendment.) 2 Sec. 13. (Deleted by amendment.) 3 Sec. 14. (Deleted by amendment.) 4 Sec. 15. NRS 218E.500 is hereby amended to read as follows: 5 218E.500 The Legislature finds and declares that: 6 1. Policies and issues relating to public lands and state 7 sovereignty as impaired by federal ownership of land are matters of 8 continuing concern to this State. 9 2. This concern necessarily includes an awareness that all 10 federal statutes, policies and regulations which affect the 11 management of public lands are likely to have extensive effects 12 within the State and must not be ignored or automatically dismissed 13 as beyond the reach of the state’s policymakers. 14 3. Experience with federal regulations relating to public lands 15 has demonstrated that the State of Nevada and its citizens are 16 subjected to regulations which sometimes are unreasonable, 17 arbitrary, beyond the intent of the Congress or the scope of the 18 authority of the agency adopting them and that as a result these 19 regulations should be subjected to legislative review and comment, 20 and judicially tested where appropriate, to protect the rights and 21 interests of the State and its citizens. 22 4. Other western states where public lands comprise a large 23 proportion of the total area have shown an interest in matters 24 relating to public lands and those states, along with Nevada, have 25 been actively participating in cooperative efforts to acquire, evaluate 26 and share information and promote greater understanding of the 27 issues. Since Nevada can both contribute to and benefit from such 28 interstate activities, it is appropriate that [a subcommittee on matters 29 relating to public lands] the Joint Interim Standing Committee on 30 Natural Resources and Public Lands be assigned primary 31 responsibility for participating in them. 32 Sec. 16. NRS 218E.520 is hereby amended to read as follows: 33 218E.520 1. [The Subcommittee] During each legislative 34 interim, the Joint Interim Standing Committee on Natural 35 Resources and Public Lands must hold at least three meetings 36 where the primary physical location for the meeting is: 37 (a) Located in a different county for each such meeting; and 38 (b) Not located in Clark County, Washoe County or Carson 39 City for each such meeting, 40 except that this subsection does not prohibit any additional 41 physical locations for such a meeting from being located in Clark 42 County, Washoe County or Carson City and connected to the 43 primary physical location for the meeting through the use of any 44 authorized remote-technology system or otherwise prohibit the use 45 – 12 – - *AB243 _R2 * of any authorized remote-technology system for such a meeting. 1 As used in this subsection, “authorized remote-technology system” 2 has the meaning ascribed to it in NRS 218A.806. 3 2. In addition to any other powers or duties, the Committee 4 may: 5 (a) Review and comment on any administrative policy, rule or 6 regulation of the: 7 (1) Secretary of the Interior which pertains to policy 8 concerning or management of public lands under the control of the 9 Federal Government; and 10 (2) Secretary of Agriculture which pertains to policy 11 concerning or management of national forests; 12 (b) Conduct investigations and hold hearings in connection with 13 its review, including, but not limited to, investigating the effect on 14 the State, its citizens, political subdivisions, businesses and 15 industries of those policies, rules, regulations and related laws, and 16 exercise any of the investigative powers set forth in NRS 218E.105 17 to 218E.140, inclusive; 18 (c) Consult with and advise the State Land Use Planning 19 Agency on matters concerning federal land use, policies and 20 activities in this State; 21 (d) Direct the Legislative Counsel Bureau to assist in its 22 research, investigations, review and comment; 23 (e) Recommend to the Legislature as a result of its review any 24 appropriate state legislation or corrective federal legislation; 25 (f) Advise the Attorney General if it believes that any federal 26 policy, rule or regulation which it has reviewed encroaches on the 27 sovereignty respecting land or water or their use which has been 28 reserved to the State pursuant to the Constitution of the United 29 States; 30 (g) Enter into a contract for consulting services for land 31 planning and any other related activities, including, but not limited 32 to: 33 (1) Advising the [Subcommittee] Committee and the State 34 Land Use Planning Agency concerning the revision of the plans 35 pursuant to NRS 321.7355; 36 (2) Assisting local governments in the identification of lands 37 administered by the Federal Government in this State which are 38 needed for residential or economic development or any other 39 purpose; and 40 (3) Assisting local governments in the acquisition of federal 41 lands in this State; 42 (h) Apply for any available grants and accept any gifts, grants or 43 donations to assist the [Subcommittee] Committee in carrying out 44 its duties; and 45 – 13 – - *AB243 _R2 * (i) Review and comment on any other matter relating to the 1 preservation, conservation, use, management or disposal of public 2 lands deemed appropriate by the Chair of the [Subcommittee] 3 Committee or by a majority of the members of the [Subcommittee.] 4 Committee. 5 [2.] 3. Any reference in this section to federal policies, rules, 6 regulations and related federal laws includes those which are 7 proposed as well as those which are enacted or adopted. 8 Sec. 17. NRS 218E.525 is hereby amended to read as follows: 9 218E.525 1. [The Subcommittee] In addition to any other 10 powers or duties, the Joint Interim Standing Committee on 11 Natural Resources and Public Lands shall: 12 (a) Actively support the efforts of state and local governments in 13 the western states regarding public lands and state sovereignty as 14 impaired by federal ownership of land. 15 (b) Advance knowledge and understanding in local, regional and 16 national forums of Nevada’s unique situation with respect to public 17 lands. 18 (c) Support legislation that will enhance state and local roles in 19 the management of public lands and will increase the disposal of 20 public lands. 21 2. [The Subcommittee:] In addition to any other powers or 22 duties, the Committee: 23 (a) Shall review the programs and activities of: 24 (1) The Colorado River Commission of Nevada; 25 (2) All public water authorities, districts and systems in the 26 State of Nevada, including, without limitation, the Southern Nevada 27 Water Authority, the Truckee Meadows Water Authority, the Virgin 28 Valley Water District, the Carson Water Subconservancy District, 29 the Humboldt River Basin Water Authority and the Truckee-Carson 30 Irrigation District; and 31 (3) All other public or private entities with which any county 32 in the State has an agreement regarding the planning, development 33 or distribution of water resources, or any combination thereof; and 34 (b) [Shall submit recommendations for legislation to the Joint 35 Interim Standing Committee on Natural Resources; 36 (c) Shall, on or before January 15 of each odd-numbered year, 37 submit to the Joint Interim Standing Committee on Natural 38 Resources for transmittal to the Legislature a report concerning the 39 review conducted pursuant to paragraph (a); and 40 (d)] May review and comment on other issues relating to water 41 resources in this State, including, without limitation: 42 (1) The laws, regulations and policies regulating the use, 43 allocation and management of water in this State; and 44 – 14 – - *AB243 _R2 * (2) The status of existing information and studies relating to 1 water use, surface water resources and groundwater resources in this 2 State. 3 Sec. 18. NRS 218E.555 is hereby amended to read as follows: 4 218E.555 1. There is hereby created the Legislative 5 Committee for the Review and Oversight of the Tahoe Regional 6 Planning Agency and the Marlette Lake Water System . [consisting 7 of three members of the Senate and three members of the Assembly, 8 appointed by the Legislative Commission with] 9 2. The Committee consists of eight regular members and five 10 alternate members who are appointed in the same manner as the 11 members of a Joint Interim Standing Committee pursuant to NRS 12 218E.320, except that the members of the Committee must be 13 appointed, to the extent practicable: 14 (a) With appropriate regard for their experience with and 15 knowledge of matters relating to the management of natural 16 resources [. The members must be appointed to] ; and 17 (b) To provide representation from the various geographical 18 regions of the State. 19 [2. The Legislative Commission shall review and approve the 20 budget and work program for the Committee and any changes to the 21 budget or work program. 22 3. The members of the Committee shall elect a Chair from one 23 House and a Vice Chair from the other House. Each Chair and Vice 24 Chair holds office for a term of 2 years commencing on July 1 of 25 each odd-numbered year. 26 4. Any member of the Committee who is not a candidate for 27 reelection or who is defeated for reelection continues to serve after 28 the general election until the next regular or special session 29 convenes. 30 5. Vacancies on the Committee must be filled in the same 31 manner as original appointments. 32 6. The Committee shall report annually to the Legislative 33 Commission concerning its activities and any recommendations.] 34 3. Except as otherwise provided in this section, the provisions 35 of NRS 218E.320, 218E.325 and 218E.330: 36 (a) Apply to the Committee in the same manner as a Joint 37 Interim Standing Committee, including, without limitation, 38 providing the Committee with any powers, privileges and 39 immunities set forth in those provisions; and 40 (b) Control the Committee’s formation, organization and 41 operations, including, without limitation, its membership, officers, 42 management, government, budget, compensation, allowances, 43 expenses, meetings and proceedings, but the Committee shall not 44 be deemed a Joint Interim Standing Committee for the purposes of 45 – 15 – - *AB243 _R2 * the number of requests that it may submit for the drafting of 1 legislative measures pursuant to NRS 218D.160. 2 4. If there is a conflict between the provisions of NRS 3 218E.320, 218E.325 and 218E.330 and the provisions of a specific 4 statute that applies to the Committee, the provisions of the specific 5 statute control. 6 Sec. 19. NRS 218E.750 is hereby amended to read as follows: 7 218E.750 1. The Legislative Committee on Senior Citizens, 8 Veterans and Adults With Special Needs [, consisting of six 9 members,] is hereby created. 10 2. The [membership of the] Committee consists of [: 11 (a) Three members of the Senate appointed by the Majority 12 Leader of the Senate, at least one of whom must be a member of the 13 minority political party; and 14 (b) Three members of the Assembly appointed by the Speaker of 15 the Assembly, at least one of whom must be a member of the 16 minority political party. 17 2. The Legislative Commission shall review and approve the 18 budget and work program for the Committee and any changes to the 19 budget or work program. 20 3. The Legislative Commission shall select the Chair and Vice 21 Chair of the Committee from among the members of the Committee. 22 After the initial selection, each Chair and Vice Chair holds office for 23 a term of 2 years commencing on July 1 of each odd-numbered year. 24 The office of Chair of the Committee must alternate each biennium 25 between the Houses. If a vacancy occurs in the office of Chair or 26 Vice Chair, the vacancy must be filled in the same manner as the 27 original selection for the remainder of the unexpired term. 28 4. A member of the Committee who is not a candidate for 29 reelection or who is defeated for reelection continues to serve after 30 the general election until the next regular or special session 31 convenes. 32 5. A vacancy on the Committee must be filled in the same 33 manner as the original appointment for the remainder of the 34 unexpired term.] eight regular members and five alternate 35 members who are appointed in the same manner as the members 36 of a Joint Interim Standing Committee pursuant to 37 NRS 218E.320. 38 3. Except as otherwise provided in this section, the provisions 39 of NRS 218E.320, 218E.325 and 218E.330: 40 (a) Apply to the Committee in the same manner as a Joint 41 Interim Standing Committee, including, without limitation, 42 providing the Committee with any powers, privileges and 43 immunities set forth in those provisions; and 44 – 16 – - *AB243 _R2 * (b) Control the Committee’s formation, organization and 1 operations, including, without limitation, its membership, officers, 2 management, government, budget, compensation, allowances, 3 expenses, meetings and proceedings, but the Committee shall not 4 be deemed a Joint Interim Standing Committee for the purposes of 5 the number of requests that it may submit for the drafting of 6 legislative measures pursuant to NRS 218D.160. 7 4. If there is a conflict between the provisions of NRS 8 218E.320, 218E.325 and 218E.330 and the provisions of a specific 9 statute that applies to the Committee, the provisions of the specific 10 statute control. 11 Sec. 20. Chapter 218H of NRS is hereby amended by adding 12 thereto the provisions set forth as sections 21 and 22 of this act. 13 Sec. 21. 1. “Legislative committee” means any committee, 14 subcommittee, commission or similar body created or authorized 15 by the Legislature or either House to conduct or perform 16 legislative business at the direction of or on behalf of the 17 Legislature or either House. 18 2. The term includes, without limitation, any interim, 19 advisory or other committee, subcommittee, commission or similar 20 body for which legislative staff members serve as the primary 21 administrative or professional staff. 22 Sec. 22. “Legislative committee investigative meeting, event 23 or trip” means any meeting, event or trip that the chair of a 24 legislative committee authorizes as an official meeting, event or 25 trip of the committee in order for the members of the committee 26 and legislative staff members to investigate or otherwise receive 27 any education or information on matters that are pertinent to the 28 committee’s legislative business or possible future legislative 29 action. 30 Sec. 23. NRS 218H.030 is hereby amended to read as follows: 31 218H.030 As used in this chapter, unless the context otherwise 32 requires, the words and terms defined in NRS 218H.033 to 33 218H.110, inclusive, and sections 21 and 22 of this act, have the 34 meanings ascribed to them in those sections. 35 Sec. 24. NRS 218H.045 is hereby amended to read as follows: 36 218H.045 1. “Educational or informational meeting, event or 37 trip” means any meeting, event or trip undertaken or attended by a 38 Legislator [if,] or legislative officer, or any legislative staff member 39 with the approval of his or her chief administrative supervisor, if 40 in connection with the meeting, event or trip: 41 (a) The Legislator , legislative officer or legislative staff 42 member, or a member of [the Legislator’s] his or her household , 43 receives anything of value from a lobbyist to undertake or attend the 44 meeting, event or trip; and 45 – 17 – - *AB243 _R2 * (b) The Legislator , legislative officer or legislative staff 1 member provides or receives any education or information on 2 matters relating to the legislative, administrative or political action 3 of the Legislator [.] or the Legislative Branch. 4 2. The term includes, without limitation, any reception, 5 gathering, conference, convention, discussion, forum, roundtable, 6 seminar, symposium, speaking engagement or other similar 7 meeting, event or trip with an educational or informational 8 component. 9 3. The term does not include: 10 (a) A meeting, event or trip undertaken or attended by a 11 Legislator , legislative officer or legislative staff member, or a 12 member of [the Legislator’s] his or her household , for personal 13 reasons or for reasons relating to any professional or occupational 14 license held by the [Legislator or the member of the Legislator’s 15 household,] person, unless the [Legislator or the member of the 16 Legislator’s household] person participates as one of the primary 17 speakers, instructors or presenters at the meeting, event or trip. 18 (b) A meeting, event or trip undertaken or attended by a 19 Legislator , legislative officer or legislative staff member, or a 20 member of [the Legislator’s] his or her household , if the meeting, 21 event or trip is undertaken or attended as part of his or her bona fide 22 employment or service as an employee or independent contractor 23 and anything of value received by the [Legislator or the member of 24 the Legislator’s household] person for the meeting, event or trip or 25 otherwise paid for or reimbursed to the [Legislator or the member of 26 the Legislator’s household] person as part of his or her bona fide 27 employment or service as an employee or independent contractor. 28 (c) A party, meal, function or other social event to which every 29 Legislator is invited where educational or informational displays or 30 materials are available but no formal speech, presentation or other 31 similar action to educate or inform the Legislators occurs. 32 (d) A legislative committee investigative meeting, event or trip. 33 4. For the purposes of this section, “anything of value” 34 includes, without limitation, any actual expenses for food, 35 beverages, registration fees, travel or lodging provided or given to 36 or paid for the benefit of the Legislator , legislative officer or 37 legislative staff member, or a member of [the Legislator’s] his or 38 her household , or reimbursement for any such actual expenses paid 39 by the [Legislator or a member of the Legislator’s household,] 40 person, if the expenses are incurred on a day during which the 41 [Legislator or a member of the Legislator’s household] person 42 undertakes or attends the meeting, event or trip or during which the 43 [Legislator or a member of the Legislator’s household] person 44 travels to or from the meeting, event or trip. 45 – 18 – - *AB243 _R2 * 5. For the purposes of this section, if a legislative staff 1 member undertakes or attends a meeting, event or trip that meets 2 the definition of “educational or informational meeting, event or 3 trip” set forth in this section, the legislative staff member is not 4 subject to the Nevada Financial Disclosure Act in NRS 281.5555 5 to 281.581, inclusive, unless the legislative staff member is a 6 public officer or candidate or a member of a public officer’s or 7 candidate’s household for the purposes of that Act. 8 Sec. 25. NRS 218H.050 is hereby amended to read as follows: 9 218H.050 1. “Expenditure” means any of the following acts 10 by a lobbyist while the Legislature is in a regular or special session: 11 (a) Any payment, conveyance, transfer, distribution, deposit, 12 advance, loan, forbearance, subscription, pledge or rendering of 13 money, services or anything else of value; or 14 (b) Any contract, agreement, promise or other obligation, 15 whether or not legally enforceable, to make any such expenditure. 16 2. The term includes, without limitation: 17 (a) Anything of value provided for an educational or 18 informational meeting, event or trip [.] or a legislative committee 19 investigative meeting, event or trip. 20 (b) The cost of a party, meal, function or other social event to 21 which every Legislator is invited. 22 3. The term does not include: 23 (a) A prohibited gift. 24 (b) A lobbyist’s personal expenditures for his or her own food, 25 beverages, lodging, travel expenses or membership fees or dues. 26 Sec. 26. NRS 218H.060 is hereby amended to read as follows: 27 218H.060 1. “Gift” means any payment, conveyance, 28 transfer, distribution, deposit, advance, loan, forbearance, 29 subscription, pledge or rendering of money, services or anything 30 else of value, unless consideration of equal or greater value is 31 received. 32 2. The term does not include: 33 (a) Any political contribution of money or services related to a 34 political campaign. 35 (b) Any commercially reasonable loan made in the ordinary 36 course of business. 37 (c) Anything of value provided for an educational or 38 informational meeting, event or trip [.] or a legislative committee 39 investigative meeting, event or trip. 40 (d) The cost of a party, meal, function or other social event to 41 which every Legislator is invited, including, without limitation, the 42 cost of food or beverages provided at the party, meal, function or 43 other social event. For the purposes of this paragraph, there is a 44 presumption that every Legislator is invited if the party, meal, 45 – 19 – - *AB243 _R2 * function or other social event is held at any governmental building, 1 facility or other property or the invitation for or notice of the party, 2 meal, function or other social event indicates that it is a legislative 3 event. 4 (e) Any ceremonial gifts received for a birthday, wedding, 5 anniversary, holiday or other ceremonial occasion from a donor who 6 is not a lobbyist. 7 (f) Anything of value received from a person who is: 8 (1) Related to the recipient, or to the spouse or domestic 9 partner of the recipient, by blood, adoption, marriage or domestic 10 partnership within the third degree of consanguinity or affinity; or 11 (2) A member of the recipient’s household. 12 (g) Anything of value received by a person as part of his or her 13 bona fide employment or service as an employee or independent 14 contractor or otherwise paid for or reimbursed to the person as part 15 of his or her bona fide employment or service as an employee or 16 independent contractor. 17 Sec. 27. NRS 218H.092 is hereby amended to read as follows: 18 218H.092 [“Member of the Legislator’s household” means] 19 For the purposes of this chapter, “member of the person’s 20 household” or “member of his or her household,” or any variation 21 thereof, shall be deemed to mean: 22 1. For a person who is subject to the Nevada Financial 23 Disclosure Act in NRS 281.5555 to 281.581, inclusive, a member 24 of [the Legislator’s] his or her household for the purposes of that 25 Act. 26 2. For any other person, a substantially similar member of 27 his or her household as if the Nevada Financial Disclosure Act in 28 NRS 281.5555 to 281.581, inclusive [.] , applied to the person but 29 only for the limited purposes of this definition. 30 Sec. 28. NRS 176.0129 is hereby amended to read as follows: 31 176.0129 1. The Office of Finance shall, on an annual basis, 32 contract for the services of an independent contractor, in accordance 33 with the provisions of NRS 333.700, to review sentences imposed in 34 this State and the practices of the State Board of Parole 35 Commissioners and project annually the number of persons who 36 will be: 37 [1.] (a) In a facility or institution of the Department of 38 Corrections; 39 [2.] (b) On probation; 40 [3.] (c) On parole; and 41 [4.] (d) Serving a term of residential confinement, 42 during the 10 years immediately following the date of the 43 projection. 44 – 20 – - *AB243 _R2 * 2. On or before December 1 of each year, the Office of 1 Finance shall prepare an annual report of the review and 2 projections made by the independent contractor pursuant to 3 subsection 1 and provide the report to: 4 (a) The Joint Interim Standing Committee on the Judiciary; 5 and 6 (b) The Department of Sentencing Policy. 7 Sec. 29. NRS 193.309 is hereby amended to read as follows: 8 193.309 1. Each law enforcement agency shall annually 9 make available to the public and on a monthly basis submit to the 10 Central Repository a report that includes, without limitation, a 11 compilation of statistics relating to incidents involving the use of 12 force that occurred during the immediately preceding calendar year, 13 or month, as applicable, including, without limitation: 14 (a) The number of complaints against peace officers employed 15 by the law enforcement agency relating to the use of force and the 16 number of such complaints that were substantiated; and 17 (b) A compilation of statistics relating to incidents involving the 18 use of force that, for each incident, includes, without limitation, all 19 information collected by the National Use-of-Force Data Collection 20 of the Federal Bureau of Investigation. 21 2. Each law enforcement agency shall submit the report 22 required pursuant to subsection 1 in a manner approved by the 23 Director of the Department of Public Safety and in accordance with 24 the policies, procedures and definitions of the Department. 25 3. The Central Repository shall make the use-of-force data 26 submitted by each law enforcement agency pursuant to subsection 1 27 available for access by the public on the Internet website of the 28 Central Repository. 29 4. The Central Repository may accept gifts, grants and 30 donations from any source for the purpose of carrying out the 31 provisions of this section. 32 5. To the extent of legislative appropriation, the Office of the 33 Attorney General shall: 34 (a) Review the use-of-force data that is publicly available on the 35 Internet website of the Central Repository; 36 (b) Prepare a report containing any conclusions or 37 recommendations resulting from its review; and 38 (c) On or before December 1 of each year, submit to the 39 Governor , the Joint Interim Standing Committee on the Judiciary 40 and [to] the Director of the Legislative Counsel Bureau for 41 transmittal to the Legislature the report prepared pursuant to 42 paragraph (b). 43 – 21 – - *AB243 _R2 * 6. Each law enforcement agency in this State shall participate 1 in the National Use-of-Force Data Collection of the Federal Bureau 2 of Investigation. 3 7. Information collected pursuant to this section must not be 4 introduced into evidence or otherwise used in any way against a 5 peace officer during a criminal proceeding. 6 8. As used in this section: 7 (a) “Central Repository” means the Central Repository for 8 Nevada Records of Criminal History. 9 (b) “Law enforcement agency” means: 10 (1) The sheriff’s office of a county; 11 (2) A metropolitan police department; 12 (3) A police department of an incorporated city; 13 (4) The Department of Corrections; 14 (5) The police department for the Nevada System of Higher 15 Education; 16 (6) Any political subdivision of this State employing park 17 rangers to enforce laws within its jurisdiction; or 18 (7) Any political subdivision of this State which has as its 19 primary duty the enforcement of law and which employs peace 20 officers to fulfill its duty. 21 Sec. 30. NRS 209.192 is hereby amended to read as follows: 22 209.192 1. There is hereby created in the State Treasury a 23 Fund for New Construction of Facilities for Prison Industries as a 24 capital projects fund. The Director shall deposit in the Fund the 25 deductions made pursuant to subparagraph (3) of paragraph (a) of 26 subsection 3 or subparagraph (2) of paragraph (a) of subsection 4 of 27 NRS 209.463. The money in the Fund must only be expended: 28 (a) To house new industries or expand existing industries in the 29 industrial program to provide additional employment of offenders; 30 (b) To relocate, expand, upgrade or modify an existing industry 31 in the industrial program to enhance or improve operations or 32 security or to provide additional employment or training of 33 offenders; 34 (c) To purchase or lease equipment to be used for the training of 35 offenders or in the operations of prison industries; 36 (d) To pay or fund the operations of prison industries, including, 37 without limitation, paying the salaries of staff and wages of 38 offenders if the cash balance in the Fund for Prison Industries is 39 below the average monthly expenses for the operation of prison 40 industries; 41 (e) To advertise and promote the goods produced and services 42 provided by prison industries; or 43 (f) For any other purpose authorized by the Legislature. 44 2. Before money in the Fund may be expended: 45 – 22 – - *AB243 _R2 * (a) As described in paragraphs (b) to (e), inclusive, of subsection 1 1, the Director shall submit a proposal for the expenditure to the 2 [Joint Interim Standing Committee on the Judiciary] Interim 3 Finance Committee and the State Board of Examiners. 4 (b) For construction, the Director shall submit a proposal for the 5 expenditure to the State Board of Examiners. 6 3. Upon making a determination that the proposed expenditure 7 is appropriate and necessary, the State Board of Examiners shall 8 recommend to the Interim Finance Committee, or the Senate 9 Standing Committee on Finance and the Assembly Standing 10 Committee on Ways and Means when the Legislature is in general 11 session, that the expenditure be approved. Upon approval of the 12 appropriate committee or committees, the money may be so 13 expended. 14 4. If any money in the Fund is used as described in paragraph 15 (d) of subsection 1, the Director shall repay the amount used as soon 16 as sufficient money is available in the Fund for Prison Industries. 17 5. The interest and income earned on the money in the Fund, 18 after deducting any applicable charges, must be credited to the 19 Fund. 20 6. As used in this section, “Fund” means Fund for New 21 Construction of Facilities for Prison Industries. 22 Sec. 31. NRS 209.461 is hereby amended to read as follows: 23 209.461 1. The Director shall: 24 (a) To the greatest extent possible, approximate the normal 25 conditions of training and employment in the community. 26 (b) Except as otherwise provided in this section, to the extent 27 practicable, require each offender, except those whose behavior is 28 found by the Director to preclude participation, to spend 40 hours 29 each week in vocational training or employment, unless excused for 30 a medical reason or to attend educational classes in accordance with 31 NRS 209.396. The Director shall require as a condition of 32 employment that an offender sign an authorization for the 33 deductions from his or her wages made pursuant to NRS 209.463. 34 Authorization to make the deductions pursuant to NRS 209.463 is 35 implied from the employment of an offender and a signed 36 authorization from the offender is not required for the Director to 37 make the deductions pursuant to NRS 209.463. 38 (c) Use the earnings from services and manufacturing conducted 39 by the institutions and the money paid by private employers who 40 employ the offenders to offset the costs of operating the prison 41 system and to provide wages for the offenders being trained or 42 employed. 43 (d) Provide equipment, space and management for services and 44 manufacturing by offenders. 45 – 23 – - *AB243 _R2 * (e) Employ craftsmen and other personnel to supervise and 1 instruct offenders. 2 (f) Contract with governmental agencies and private employers 3 for the employment of offenders, including their employment on 4 public works projects under contracts with the State and with local 5 governments. 6 (g) Contract for the use of offenders’ services and for the sale of 7 goods manufactured by offenders. 8 (h) On or before January 1, 2014, and every 5 years thereafter, 9 submit a report to the Director of the Legislative Counsel Bureau for 10 distribution to the Joint Interim Standing Committee on the 11 Judiciary. The report must include, without limitation, an analysis of 12 existing contracts with private employers for the employment of 13 offenders and the potential impact of those contracts on private 14 industry in this State. 15 (i) Submit a report to each meeting of the Interim Finance 16 Committee identifying any accounts receivable related to a program 17 for the employment of offenders. 18 2. Every program for the employment of offenders established 19 by the Director must: 20 (a) Employ the maximum number of offenders possible; 21 (b) Except as otherwise provided in NRS 209.192, provide for 22 the use of money produced by the program to reduce the cost of 23 maintaining the offenders in the institutions; 24 (c) Have an insignificant effect on the number of jobs available 25 to the residents of this State; and 26 (d) Provide occupational training for offenders. 27 3. An offender may not engage in vocational training, 28 employment or a business that requires or permits the offender to: 29 (a) Telemarket or conduct opinion polls by telephone; or 30 (b) Acquire, review, use or have control over or access to 31 personal information concerning any person who is not incarcerated. 32 4. Each fiscal year, the cumulative profits and losses, if any, of 33 the programs for the employment of offenders established by the 34 Director must result in a profit for the Department. The following 35 must not be included in determining whether there is a profit for the 36 Department: 37 (a) Fees credited to the Fund for Prison Industries pursuant to 38 NRS 482.268, any revenue collected by the Department for the 39 leasing of space, facilities or equipment within the institutions or 40 facilities of the Department, and any interest or income earned on 41 the money in the Fund for Prison Industries. 42 (b) The selling expenses of the Central Administrative Office of 43 the programs for the employment of offenders. As used in this 44 paragraph, “selling expenses” means delivery expenses, salaries of 45 – 24 – - *AB243 _R2 * sales personnel and related payroll taxes and costs, the costs of 1 advertising and the costs of display models. 2 (c) The general and administrative expenses of the Central 3 Administrative Office of the programs for the employment of 4 offenders. As used in this paragraph, “general and administrative 5 expenses” means the salary of the Deputy Director of Industrial 6 Programs and the salaries of any other personnel of the Central 7 Administrative Office and related payroll taxes and costs, the costs 8 of telephone usage, and the costs of office supplies used and postage 9 used. 10 5. If any state-sponsored program incurs a net loss for 2 11 consecutive fiscal years, the Director shall appear before the [Joint 12 Interim Standing Committee on the Judiciary] Interim Finance 13 Committee to explain the reasons for the net loss and provide a plan 14 for the generation of a profit in the next fiscal year. If the program 15 does not generate a profit in the third fiscal year, the Director shall 16 take appropriate steps to resolve the issue. 17 6. Except as otherwise provided in subsection 3, the Director 18 may, with the approval of the Board: 19 (a) Lease spaces and facilities within any institution of the 20 Department to private employers to be used for the vocational 21 training and employment of offenders. 22 (b) Grant to reliable offenders the privilege of leaving 23 institutions or facilities of the Department at certain times for the 24 purpose of vocational training or employment. 25 7. Before entering into any contract with a private employer for 26 the employment of offenders pursuant to subsection 1, the Director 27 shall obtain from the private employer: 28 (a) A personal guarantee to secure an amount fixed by the 29 Director of: 30 (1) For a contract that does not relate to construction, not less 31 than 25 percent of the prorated annual amount of the contract but 32 not more than 100 percent of the prorated annual amount of the 33 contract, a surety bond made payable to the State of Nevada in an 34 amount fixed by the Director of not less than 25 percent of the 35 prorated annual amount of the contract but not more than 100 36 percent of the prorated annual amount of the contract and 37 conditioned upon the faithful performance of the contract in 38 accordance with the terms and conditions of the contract; or 39 (2) For a contract that relates to construction, not less than 40 100 percent of the prorated annual amount of the contract, a surety 41 bond made payable to the State of Nevada in an amount fixed by the 42 Director of not less than 100 percent of the prorated annual amount 43 of the contract and conditioned upon the faithful performance of the 44 contract in accordance with the terms and conditions of the contract, 45 – 25 – - *AB243 _R2 * or a security agreement to secure any debt, obligation or other 1 liability of the private employer under the contract, including, 2 without limitation, lease payments, wages earned by offenders and 3 compensation earned by personnel of the Department. The Director 4 shall appear before the [Joint Interim Standing Committee on the 5 Judiciary] Interim Finance Committee to explain the reasons for 6 the amount fixed by the Director for any personal guarantee or 7 surety bond. 8 (b) A detailed written analysis on the estimated impact of the 9 contract on private industry in this State. The written analysis must 10 include, without limitation: 11 (1) The number of private companies in this State currently 12 providing the types of products and services offered in the proposed 13 contract. 14 (2) The number of residents of this State currently employed 15 by such private companies. 16 (3) The number of offenders that would be employed under 17 the contract. 18 (4) The skills that the offenders would acquire under the 19 contract. 20 8. The provisions of this chapter do not create a right on behalf 21 of the offender to employment or to receive the federal or state 22 minimum wage for any employment and do not establish a basis for 23 any cause of action against the State or its officers or employees for 24 employment of an offender or for payment of the federal or state 25 minimum wage to an offender. 26 9. As used in this section, “state-sponsored program” means a 27 program for the vocational training or employment of offenders 28 which does not include a contract of employment with a private 29 employer. 30 Sec. 32. NRS 209.4818 is hereby amended to read as follows: 31 209.4818 1. The [Joint Interim Standing Committee on the 32 Judiciary] Interim Finance Committee shall: 33 (a) Be informed on issues and developments relating to 34 industrial programs for correctional institutions; 35 (b) [Submit a semiannual report to the Interim Finance 36 Committee before July 1 and December 1 of each year on the status 37 of current and proposed industrial programs for correctional 38 institutions; 39 (c)] Report to the Legislature on any [other] matter relating to 40 industrial programs for correctional institutions that it deems 41 appropriate; 42 [(d)] (c) Recommend three persons to the Director for 43 appointment as the Deputy Director for Industrial Programs 44 whenever a vacancy exists; 45 – 26 – - *AB243 _R2 * [(e)] (d) Before any new industrial program is established by the 1 Director, review the proposed program for compliance with the 2 requirements of subsections 2, 3, 4 and 7 of NRS 209.461 and 3 submit to the Director its recommendations concerning the proposed 4 program; and 5 [(f)] (e) Review each state-sponsored industry program 6 established pursuant to subsection 2 of NRS 209.461 to determine 7 whether the program is operating profitably. If the Committee 8 determines that a program has incurred a net loss in 3 consecutive 9 fiscal years, the Committee shall report its finding to the Director 10 with a recommendation regarding whether the program should be 11 continued or terminated. If the Director does not accept the 12 recommendation of the Committee, the Director shall submit a 13 written report to the Committee setting forth his or her reasons for 14 rejecting the recommendation. 15 2. Upon the request of the [Joint Interim Standing Committee 16 on the Judiciary,] Interim Finance Committee, the Director and the 17 Deputy Director for Industrial Programs shall provide to the 18 Committee any information that the Committee determines is 19 relevant to the performance of the duties of the Committee. 20 3. As used in this section, “state-sponsored industry program” 21 means a program for the vocational training or employment of 22 offenders which does not include a contract of employment with a 23 private employer. 24 Sec. 33. Chapter 232B of NRS is hereby amended by adding 25 thereto a new section to read as follows: 26 As used in this section and NRS 232B.210 to 232B.250, 27 inclusive, unless the context otherwise requires, “Sunset 28 Committee” or “Committee” means the Sunset Committee of the 29 Legislature created by NRS 232B.210. 30 Sec. 34. NRS 232B.210 is hereby amended to read as follows: 31 232B.210 1. The Sunset [Subcommittee of the Legislative 32 Commission, consisting of nine members,] Committee of the 33 Legislature is hereby created. 34 2. The [membership of the Sunset Subcommittee] Committee 35 consists of [: 36 (a) Three voting members of the Legislature appointed by the 37 Majority Leader of the Senate, at least one of whom must be a 38 member of the minority political party; 39 (b) Three voting members of the Legislature appointed by the 40 Speaker of the Assembly, at least one of whom must be a member 41 of the minority political party; and 42 (c) Three nonvoting members of the general public appointed by 43 the Chair of the Legislative Commission from among the names of 44 nominees submitted by the Governor pursuant to subsection 2. 45 – 27 – - *AB243 _R2 * 2. The Governor shall, at least 30 days before the beginning of 1 the term of any member appointed pursuant to paragraph (c) of 2 subsection 1, or within 30 days after such a position on the Sunset 3 Subcommittee becomes vacant, submit to the Legislative 4 Commission the names of at least three persons qualified for 5 membership on the Sunset Subcommittee. The Chair of the 6 Legislative Commission shall appoint a new member or fill the 7 vacancy from the list, or request a new list. The Chair of 8 the Legislative Commission may appoint any qualified person who 9 is a resident of this State to a position described in paragraph (c) of 10 subsection 1. 11 3. Each member of the Sunset Subcommittee serves at the 12 pleasure of the appointing authority. 13 4. The voting members of the Sunset Subcommittee shall elect 14 a Chair from one House of the Legislature and a Vice Chair from 15 the other House. Each Chair and Vice Chair holds office for a term 16 of 2 years commencing on July 1 of each odd-numbered year. If a 17 vacancy occurs in the office of Chair or Vice Chair, the vacancy 18 must be filled in the same manner as the original selection for the 19 remainder of the unexpired term. 20 5. The membership of any member of the Su nset 21 Subcommittee who is a Legislator and who is not a candidate for 22 reelection or who is defeated for reelection terminates on the day 23 next after the general election. 24 6. A vacancy on the Sunset Subcommittee must be filled in the 25 same manner as the original appointment. 26 7. The Sunset Subcommittee shall meet at the times and places 27 specified by a call of the Chair. Four voting members of the Sunset 28 Subcommittee constitute a quorum, and a quorum may exercise any 29 power or authority conferred on the Sunset Subcommittee. 30 8. For each day or portion of a day during which a member of 31 the Sunset Subcommittee who is a Legislator attends a meeting of 32 the Sunset Subcommittee or is otherwise engaged in the business 33 of the Sunset Subcommittee, except during a regular or special 34 session of the Legislature, the Legislator is entitled to receive the: 35 (a) Compensation provided for a majority of the members of the 36 Legislature during the first 60 days of the preceding regular session; 37 (b) Per diem allowance provided for state officers generally; and 38 (c) Travel expenses provided pursuant to NRS 218A.655. 39 The compensation, per diem allowances and travel expenses of 40 the members of the Sunset Subcommittee who are Legislators must 41 be paid from the Legislative Fund. 42 9. While engaged in the business of the Sunset Subcommittee, 43 the members of the Subcommittee who are not Legislators are 44 entitled to receive the per diem allowance and travel expenses 45 – 28 – - *AB243 _R2 * provided for state officers and employees generally.] eight regular 1 members and five alternate members who are appointed in the 2 same manner as the members of a Joint Interim Standing 3 Committee pursuant to NRS 218E.320. 4 3. Except as otherwise provided in this section, the provisions 5 of NRS 218E.320, 218E.325 and 218E.330: 6 (a) Apply to the Committee in the same manner as a Joint 7 Interim Standing Committee, including, without limitation, 8 providing the Committee with any powers, privileges and 9 immunities set forth in those provisions; and 10 (b) Control the Committee’s formation, organization and 11 operations, including, without limitation, its membership, officers, 12 management, government, budget, compensation, allowances, 13 expenses, meetings and proceedings, but the Committee shall not 14 be deemed a Joint Interim Standing Committee for the purposes of 15 the number of requests that it may submit for the drafting of 16 legislative measures pursuant to NRS 218D.160. 17 4. If there is a conflict between the provisions of NRS 18 218E.320, 218E.325 and 218E.330 and the provisions of a specific 19 statute that applies to the Committee, the provisions of the specific 20 statute control. 21 Sec. 35. NRS 232B.220 is hereby amended to read as follows: 22 232B.220 1. The Sunset [Subcommittee of the Legislative 23 Commission] Committee shall conduct a review of each board and 24 commission in this State which is not provided for in the Nevada 25 Constitution or established by an executive order of the Governor to 26 determine whether the board or commission should be terminated, 27 modified, consolidated with another board or commission or 28 continued. Such a review must include, without limitation: 29 (a) An evaluation of the major policies and programs of the 30 board or commission, including, without limitation, an examination 31 of other programs or services offered in this State to determine if 32 any other provided programs or services duplicate those offered by 33 the board or commission; 34 (b) Any recommendations for improvements in the policies and 35 programs offered by the board or commission; and 36 (c) A determination of whether any statutory tax exemptions, 37 abatements or money set aside to be provided to the board or 38 commission should be terminated, modified or continued. 39 2. The [Sunset Subcommittee] Committee shall review not less 40 than 10 boards and commissions specified in subsection 1 during 41 each legislative interim. 42 3. Any action taken by the [Sunset Subcommittee] Committee 43 concerning a board or commission pursuant to NRS 232B.210 to 44 232B.250, inclusive, and section 33 of this act is in addition or 45 – 29 – - *AB243 _R2 * supplemental to any action taken by the Legislative Commission 1 pursuant to NRS 232B.010 to 232B.100, inclusive. 2 Sec. 36. NRS 232B.230 is hereby amended to read as follows: 3 232B.230 1. Each board and commission subject to review 4 by the Sunset [Subcommittee of the Legislative Commission] 5 Committee shall submit information to [the Sunset Subcommittee] it 6 on a form prescribed by the [Sunset Subcommittee.] Committee. 7 The information must include, without limitation: 8 (a) The name of the board or commission; 9 (b) The name of each member of the board or commission; 10 (c) The address of the Internet website established and 11 maintained by the board or commission, if any; 12 (d) The name and contact information of the executive director 13 of the board or commission, if any; 14 (e) A list of the members of the staff of the board or 15 commission; 16 (f) The authority by which the board or commission was 17 created; 18 (g) The governing structure of the board or commission, 19 including, without limitation, information concerning the method, 20 terms, qualifications and conditions of appointment and removal of 21 the members of the board or commission; 22 (h) The duties of the board or commission; 23 (i) The operating budget of the board or commission; 24 (j) A statement setting forth the income and expenses of the 25 board or commission for at least 3 years immediately preceding the 26 date on which the board or commission submits the form required 27 by this subsection, including the balances of any fund or account 28 maintained by or on behalf of the board or commission; 29 (k) The most recent audit conducted of the board or 30 commission, if any; 31 (l) The dates of the immediately preceding six meetings held by 32 the board or commission; 33 (m) A statement of the objectives and programs of the board or 34 commission; 35 (n) A conclusion concerning the effectiveness of the objectives 36 and programs of the board or commission; 37 (o) Any recommendations for statutory changes which are 38 necessary for the board or commission to carry out its objectives and 39 programs; and 40 (p) Such other information as the [Sunset Subcommittee] 41 Committee may require. 42 2. The [Sunset Subcommittee] Committee may direct the 43 Legislative Counsel Bureau to assist in its research, investigations, 44 – 30 – - *AB243 _R2 * review and analysis of the information submitted by each board and 1 commission pursuant to subsection 1. 2 Sec. 37. NRS 232B.235 is hereby amended to read as follows: 3 232B.235 1. At any time during a legislative interim, if the 4 Sunset [Subcommittee of the Legislative Commission] Committee 5 determines that a board or commission subject to its review [by the 6 Sunset Subcommittee] should be audited, the [Sunset 7 Subcommittee] Committee shall make such a recommendation to 8 the Legislative Commission. The [Sunset Subcommittee] 9 Committee shall include with its recommendation a summary of the 10 justification for the recommendation. 11 2. After receiving a recommendation from the [Sunset 12 Subcommittee] Committee pursuant to subsection 1, the Legislative 13 Commission shall evaluate the recommendation and determine 14 whether to direct the Legislative Auditor to perform an audit of the 15 board or commission pursuant to NRS 218G.120. In making its 16 determination, the Legislative Commission shall consider the 17 current workload of the Audit Division of the Legislative Counsel 18 Bureau. 19 3. The Legislative Auditor shall not perform more than four 20 audits directed by the Legislative Commission pursuant to this 21 section during a legislative interim. 22 Sec. 38. NRS 232B.237 is hereby amended to read as follows: 23 232B.237 1. The Sunset [Subcommittee of the Legislative 24 Commission] Committee shall conduct a review of each 25 professional or occupational licensing board and regulatory body in 26 this State to determine whether the restrictions on the criminal 27 history of an applicant for an occupational or professional license 28 are appropriate. 29 2. Each professional or occupational licensing board and 30 regulatory body subject to review pursuant to subsection 1 must 31 submit information to the [Sunset Subcommittee] Committee on a 32 form prescribed by the [Sunset Subcommittee.] Committee. The 33 information must include, without limitation: 34 (a) The number of petitions submitted to a professional or 35 occupational licensing board and regulatory body pursuant to NRS 36 1.545, 240A.275, 244.33504, 361.2212, 379.00785, [433.616,] 37 435.3395, 445B.7776, 449.03008, 449.4316, 450B.169, 455C.125, 38 457.1825, 458.0258, 477.2233, 482.163, 487.006, 489.298, 490.195, 39 502.375, 503.5831, 504.391, 505.013, 534.1405, 544.147, 555.305, 40 557.225, 576.037, 581.1033, 582.035, 584.2165, 587.014, 41 599A.057, 599B.127, 618.357, 622.085, 687B.630 and 706.4626; 42 (b) The number of determinations of disqualification made by 43 the professional or occupational licensing board and regulatory body 44 pursuant to NRS 1.545, 240A.275, 244.33504, 361.2212, 45 – 31 – - *AB243 _R2 * 379.00785, [433.616,] 435.3395, 445B.7776, 449.03008, 449.4316, 1 450B.169, 455C.125, 457.1825, 458.0258, 477.2233, 482.163, 2 487.006, 489.298, 490.195, 502.375, 503.5831, 504.391, 505.013, 3 534.1405, 544.147, 555.305, 557.225, 576.037, 581.1033, 582.035, 4 584.2165, 587.014, 599A.057, 599B.127, 618.357, 622.085, 5 687B.630 and 706.4626; and 6 (c) The reasons for such determinations of disqualification. 7 3. As used in this section, “regulatory body” has the meaning 8 ascribed to it in NRS 622.060. 9 Sec. 39. NRS 232B.240 is hereby amended to read as follows: 10 232B.240 1. The Sunset [Subcommittee of the Legislative 11 Commission] Committee shall conduct public hearings for the 12 purpose of obtaining comments on, and may require the Legislative 13 Counsel Bureau to submit reports on, the need for the termination, 14 modification, consolidation or continued operation of a board or 15 commission. 16 2. The [Sunset Subcommittee] Committee shall consider any 17 report submitted to it by the Legislative Counsel Bureau. 18 3. The Committee may exercise any of the investigative 19 powers set forth in NRS 218E.105 to 218E.140, inclusive. 20 4. A board or commission has the burden of proving that there 21 is a public need for its continued existence. 22 Sec. 40. NRS 232B.250 is hereby amended to read as follows: 23 232B.250 1. If the Sunset [Subcommittee of the Legislative 24 Commission] Committee determines to recommend the termination 25 of a board or commission, its recommendation must include 26 suggestions for appropriate direct legislative action, if any, which is 27 made necessary or desirable by the termination of the board or 28 commission. 29 2. If the [Sunset Subcommittee] Committee determines to 30 recommend the consolidation, modification or continuation of a 31 board or commission, its recommendation must include suggestions 32 for appropriate direct legislative action, if any, which would make 33 the operation of the board or commission or its successor more 34 efficient or effective. 35 3. If the [Sunset Subcommittee] Committee determines to 36 recommend the modification, continuation or removal of the 37 restrictions on the criminal history of an applicant for an 38 occupational or professional license, its recommendation must 39 include suggestions for appropriate direct legislative action, if any, 40 which is made necessary or desirable by any modification, 41 continuation or removal of such restrictions. 42 4. [On or before June 30, 2012, the Sunset Subcommittee shall 43 make all of its initial recommendations pursuant to this section, if 44 any. The Sunset Subcommittee] The Committee shall make all 45 – 32 – - *AB243 _R2 * [subsequent] recommendations pursuant to this section, if any, on or 1 before [June 30] August 31 of each even-numbered year . [occurring 2 thereafter.] 3 Sec. 41. NRS 233B.063 is hereby amended to read as follows: 4 233B.063 1. An agency that intends to adopt, amend or 5 repeal a permanent regulation must deliver to the Legislative 6 Counsel a copy of the proposed regulation. The Legislative Counsel 7 shall examine and if appropriate revise the language submitted so 8 that it is clear, concise and suitable for incorporation in the Nevada 9 Administrative Code, but shall not alter the meaning or effect 10 without the consent of the agency. 11 2. Unless the proposed regulation is submitted to the 12 Legislative Counsel between July 1 of an even-numbered year and 13 July 1 of the succeeding odd-numbered year, the Legislative 14 Counsel shall deliver the approved or revised text of the regulation 15 within 30 days after it is submitted to the Legislative Counsel. If the 16 proposed or revised text of a regulation is changed before adoption, 17 the agency shall submit the changed text to the Legislative Counsel, 18 who shall examine and revise it if appropriate pursuant to the 19 standards of subsection 1. Unless it is submitted between July 1 of 20 an even-numbered year and July 1 of the succeeding odd-numbered 21 year, the Legislative Counsel shall return it with any appropriate 22 revisions within 30 days. [If the agency is a licensing board as 23 defined in NRS 439B.225 and the proposed regulation relates to 24 standards for the issuance or renewal of licenses, permits or 25 certificates of registration issued to a person or facility regulated by 26 the agency, the Legislative Counsel shall also deliver one copy of 27 the approved or revised text of the regulation to the Joint Interim 28 Standing Committee on Health and Human Services.] 29 3. An agency may adopt a temporary regulation between 30 August 1 of an even-numbered year and July 1 of the succeeding 31 odd-numbered year without following the procedure required by this 32 section and NRS 233B.064, but any such regulation expires by 33 limitation on November 1 of the odd-numbered year. A 34 substantively identical permanent regulation may be subsequently 35 adopted. 36 4. An agency may amend or suspend a permanent regulation 37 between August 1 of an even-numbered year and July 1 of the 38 succeeding odd-numbered year by adopting a temporary regulation 39 in the same manner and subject to the same provisions as prescribed 40 in subsection 3. 41 Sec. 42. NRS 233B.070 is hereby amended to read as follows: 42 233B.070 1. A permanent regulation becomes effective when 43 the Legislative Counsel files with the Secretary of State the original 44 of the final draft or revision of a regulation, except as otherwise 45 – 33 – - *AB243 _R2 * provided in NRS 293.247 or where a later date is specified in the 1 regulation. 2 2. Except as otherwise provided in NRS 233B.0633, an agency 3 that has adopted a temporary regulation may not file the temporary 4 regulation with the Secretary of State until 35 days after the date on 5 which the temporary regulation was adopted by the agency. A 6 temporary regulation becomes effective when the agency files with 7 the Secretary of State the original of the final draft or revision of the 8 regulation, together with the informational statement prepared 9 pursuant to NRS 233B.066. The agency shall also file a copy of the 10 temporary regulation with the Legislative Counsel, together with the 11 informational statement prepared pursuant to NRS 233B.066. 12 3. An emergency regulation becomes effective when the 13 agency files with the Secretary of State the original of the final draft 14 or revision of an emergency regulation, together with the 15 informational statement prepared pursuant to NRS 233B.066. The 16 agency shall also file a copy of the emergency regulation with 17 the Legislative Counsel, together with the informational statement 18 prepared pursuant to NRS 233B.066. 19 4. The Secretary of State shall maintain the original of the final 20 draft or revision of each regulation in a permanent file to be used 21 only for the preparation of official copies. 22 5. The Secretary of State shall file, with the original of each 23 agency’s rules of practice, the current statement of the agency 24 concerning the date and results of its most recent review of those 25 rules. 26 6. Immediately after each permanent or temporary regulation is 27 filed, the agency shall deliver one copy of the final draft or revision, 28 bearing the stamp of the Secretary of State indicating that it has 29 been filed, including material adopted by reference which is not 30 already filed with the State Library, Archives and Public Records 31 Administrator, to the State Library, Archives and Public Records 32 Administrator for use by the public. [If the agency is a licensing 33 board as defined in NRS 439B.225 and it has adopted a permanent 34 regulation relating to standards for the issuance or renewal of 35 licenses, permits or certificates of registration issued to a person or 36 facility regulated by the agency, the agency shall also deliver one 37 copy of the regulation, bearing the stamp of the Secretary of State, 38 to the Joint Interim Standing Committee on Health and Human 39 Services within 10 days after the regulation is filed with the 40 Secretary of State.] 41 7. Each agency shall furnish a copy of all or part of that part of 42 the Nevada Administrative Code which contains its regulations, to 43 any person who requests a copy, and may charge a reasonable fee 44 – 34 – - *AB243 _R2 * for the copy based on the cost of reproduction if it does not have 1 money appropriated or authorized for that purpose. 2 8. An agency which publishes any regulations included in the 3 Nevada Administrative Code shall use the exact text of the 4 regulation as it appears in the Nevada Administrative Code, 5 including the leadlines and numbers of the sections. Any other 6 material which an agency includes in a publication with its 7 regulations must be presented in a form which clearly distinguishes 8 that material from the regulations. 9 Sec. 43. NRS 321.7355 is hereby amended to read as follows: 10 321.7355 1. The State Land Use Planning Agency may 11 prepare, in cooperation with appropriate federal and state agencies 12 and local governments throughout the State, plans or statements of 13 policy concerning the administration of lands in the State of Nevada 14 that are under federal management. The plans or statements of 15 policy must not include matters concerning zoning or the division of 16 land and must be consistent with local plans and regulations 17 concerning the use of private property. 18 2. The State Land Use Planning Agency shall: 19 (a) Encourage public comment upon the various matters treated 20 in a proposed plan or statement of policy throughout its preparation 21 and incorporate such comments into the proposed plan or statement 22 of policy as are appropriate; 23 (b) Submit its work on a plan or statement of policy periodically 24 for review and comment by the Land Use Planning Advisory 25 Council and [the Subcommittee on Public Lands of] the Joint 26 Interim Standing Committee on Natural Resources [;] and Public 27 Lands; and 28 (c) Provide written responses to written comments received 29 from a county or city upon the various matters treated in a proposed 30 plan or statement of policy. 31 3. Whenever the State Land Use Planning Agency prepares 32 plans or statements of policy pursuant to subsection 1 and submits 33 those plans or statements of policy to the Governor, the Legislature, 34 [the Subcommittee on Public Lands of] the Joint Interim Standing 35 Committee on Natural Resources and Public Lands or an agency of 36 the Federal Government, the State Land Use Planning Agency shall 37 include with each plan or statement of policy the comments and 38 recommendations of: 39 (a) The Land Use Planning Advisory Council; and 40 (b) The [Subcommittee on Public Lands of the] Joint Interim 41 Standing Committee on Natural Resources [.] and Public Lands. 42 4. A plan or statement of policy must be approved by the 43 governing bodies of the county and cities affected by it before it is 44 put into effect. 45 – 35 – - *AB243 _R2 * Sec. 44. NRS 332.215 is hereby amended to read as follows: 1 332.215 1. Each county of this state whose population is 2 100,000 or more, must be a member of the Commission to Study 3 Governmental Purchasing which is composed of all purchasing 4 agents of the local governments within those counties. Each county 5 whose population is less than 100,000 may participate as a voting 6 member of the Commission. The members shall select a Chair from 7 among their number. 8 2. The Commission shall meet no less than quarterly or at the 9 call of the Chair to study practices in governmental purchasing and 10 laws relating thereto and shall make recommendations with respect 11 to those laws to the next regular session of the Legislature. 12 3. On or before July 1 of each even-numbered year, the 13 Commission shall submit a written report to the Joint Interim 14 Standing Committee on [Legislative Operations and Elections] 15 Government Affairs that includes any recommendations of the 16 Commission for legislation relating to governmental purchasing. 17 Sec. 45. NRS 388.887 is hereby amended to read as follows: 18 388.887 1. The State Board shall create a subcommittee to 19 review and make recommendations on the manner in which to 20 provide age-appropriate and historically accurate instruction about 21 the Holocaust and other genocides, such as the Armenian, 22 Cambodian, Darfur, Guatemalan and Rwandan genocides, in social 23 studies and language arts courses of study. 24 2. The review conducted and any recommendations made by 25 the subcommittee pursuant to this section must include, without 26 limitation: 27 (a) The manner in which to modify the curricula of relevant 28 courses in social studies and language arts to include the instruction 29 described in this section; 30 (b) An inventory of available classroom resources for educators 31 to meet the requirements of this section; 32 (c) The professional development that may be necessary or 33 appropriate for a teacher who provides the instruction described in 34 this section; and 35 (d) Consideration of any similar instruction provided in another 36 state or school district. 37 3. The subcommittee shall link current standards with 38 community resources that may assist in the implementation of the 39 instruction described in subsection 1. The subcommittee shall 40 review the manner in which the current standards support 41 comprehensive education regarding the Holocaust and other 42 genocides, such as the Armenian, Cambodian, Darfur, Guatemalan 43 and Rwandan genocides, including, without limitation, by: 44 – 36 – - *AB243 _R2 * (a) Preparing pupils to confront the immorality of the Holocaust, 1 other genocides, such as the Armenian, Cambodian, Darfur, 2 Guatemalan and Rwandan genocides, and other acts of mass 3 violence and to reflect on the causes of related historical events; 4 (b) Addressing the breadth of the history of the Holocaust, 5 including, without limitation, the dictatorship of the Third Reich, the 6 system of concentration camps, the persecution of both Jewish and 7 non-Jewish people, the resistance to the Third Reich and the 8 Holocaust by both Jewish and non-Jewish people and the various 9 trials that occurred after the end of World War II; 10 (c) Developing the respect of pupils for cultural diversity and 11 helping pupils to gain insight into the importance of international 12 human rights for all people; 13 (d) Promoting the understanding of pupils of how the Holocaust 14 contributed to the need for the term “genocide” and led to 15 international legislation that recognized genocide as a crime; 16 (e) Communicating the impact of personal responsibility, civic 17 engagement and societal responsiveness; 18 (f) Stimulating the reflection of pupils on the role and 19 responsibility of citizens in democratic societies to combat 20 misinformation, indifference and discrimination through the 21 development of critical thinking skills and through tools of 22 resistance such as protest, reform and celebration; 23 (g) Providing pupils with opportunities to contextualize and 24 analyze patterns of human behavior by persons and groups who 25 belong in one or more categories, including, without limitation, 26 perpetrator, collaborator, bystander, victim and rescuer; 27 (h) Enabling pupils to understand the ramifications of prejudice, 28 racism and stereotyping; 29 (i) Preserving the memories of survivors of genocide and 30 providing opportunities for pupils to discuss and honor the cultural 31 legacies of survivors; 32 (j) Providing pupils with a foundation for examining the history 33 of discrimination in this State; 34 (k) Including in curricula the use of personal narratives and 35 multimedia primary source materials, which may include, without 36 limitation, video testimony, photographs, artwork, diary entries, 37 letters, government documents, maps and poems; and 38 (l) Exploring the various mechanisms of transitional and 39 restorative justice that help humanity move forward in the aftermath 40 of genocide. 41 4. The subcommittee must be composed of the Superintendent 42 of Public Instruction, or his or her designee, and the following 43 members appointed by the Superintendent: 44 – 37 – - *AB243 _R2 * (a) Three members representing the Governor’s Advisory 1 Council on Education Relating to the Holocaust created by 2 NRS 233G.020; 3 (b) Three members representing nonprofit organizations that 4 have developed curricula regarding the Holocaust for use in public 5 schools; 6 (c) At least one member representing a school district in which 7 60,000 or more pupils are enrolled; 8 (d) At least one member representing a school district in which 9 fewer than 60,000 pupils are enrolled; 10 (e) At least one member representing a charter school located in 11 this State; 12 (f) At least one member representing nonprofit organizations 13 that have developed curricula for use in public schools regarding the 14 Armenian genocide; and 15 (g) At least one member representing nonprofit organizations 16 that have developed curricula for use in public schools regarding 17 genocides other than the Holocaust and the Armenian genocide. 18 5. On or before [October] July 1 of each even-numbered year, 19 the State Board shall report its findings and any recommendations to 20 the Joint Interim Standing Committee on Education, including, 21 without limitation, any recommendations made by the subcommittee 22 pursuant to subsection 1, as well as any actions the State Board has 23 taken or intends to take to include the instruction in the relevant 24 courses pursuant to subsection 2. 25 6. On or before [February 1] August 31 of each [odd-26 numbered] even-numbered year, the Joint Interim Standing 27 Committee on Education shall consider the report submitted by the 28 State Board and prepare and submit a written report to the Director 29 of the Legislative Counsel Bureau for transmittal to the Legislature 30 concerning the Committee’s consideration of the matters described 31 in this section and any recommendations for legislation to ensure the 32 instruction described in this section is included in the curricula for 33 the relevant courses. 34 7. As used in this section: 35 (a) “Genocide” means any of the following acts committed with 36 intent to destroy, in whole or in part, a national, ethnic, racial or 37 religious group and includes, without limitation, genocides and 38 other acts of mass atrocities identified by the United States 39 Holocaust Memorial Museum: 40 (1) Killing members of the group; 41 (2) Causing serious bodily or mental harm to members of the 42 group; 43 (3) Deliberately inflicting on the group conditions of life 44 calculated to bring about its physical destruction in whole or in part; 45 – 38 – - *AB243 _R2 * (4) Imposing measures intended to prevent births within the 1 group; and 2 (5) Forcibly transferring children of the group to another 3 group. 4 (b) “Holocaust” means the systematic, bureaucratic, state-5 sponsored persecution and murder of approximately 6,000,000 6 Jewish persons and 5,000,000 other persons by the Nazi regime and 7 its collaborators. 8 Sec. 46. NRS 391.494 is hereby amended to read as follows: 9 391.494 1. Each member of the Task Force must: 10 (a) Be a licensed teacher with at least 5 consecutive years of 11 experience teaching in a public school in this State; 12 (b) Be currently employed as a teacher and actively teaching in a 13 public school in this State, and remain employed as a teacher in a 14 public school in this State for the duration of the member’s term; 15 and 16 (c) Not be currently serving on any other education-related 17 board, commission, council, task force or similar governmental 18 entity. 19 2. On or before December 1, 2019, the Department shall 20 prescribe a uniform application for a teacher to use to apply to serve 21 on the Task Force. 22 3. A teacher who wishes to serve on the Task Force must 23 submit an application prescribed pursuant to subsection 2 to the 24 Joint Interim Standing Committee on Education on or before 25 [January 15] December 1 of an [even-numbered] odd-numbered 26 year. On or before February 1 of each even-numbered year, the Joint 27 Interim Standing Committee on Education shall select one or more 28 teachers, as applicable, to serve as a member of the Task Force. 29 Sec. 47. NRS 449.242 is hereby amended to read as follows: 30 449.242 1. Except as otherwise provided in subsection 4, 31 each hospital located in a county whose population is 100,000 or 32 more and which is licensed to have more than 70 beds shall 33 establish a staffing committee to develop a written policy as 34 required pursuant to NRS 449.2423 and a documented staffing plan 35 as required pursuant to NRS 449.2421. Each staffing committee 36 established pursuant to this subsection must consist of: 37 (a) Not less than one-half of the total regular members of the 38 staffing committee from the licensed nursing staff and certified 39 nursing assistants who are providing direct patient care at the 40 hospital. The members described in this paragraph must consist of: 41 (1) One member representing each unit of the hospital who is 42 a licensed nurse who provides direct patient care on that unit, 43 elected by the licensed nursing staff who provide direct patient care 44 on the unit that the member will represent. 45 – 39 – - *AB243 _R2 * (2) One member representing each unit of the hospital who is 1 a certified nursing assistant who provides direct patient care on that 2 unit, elected by the certified nursing assistants who provide direct 3 patient care on the unit that the member will represent. 4 (b) Not less than one-half of the total regular members of the 5 staffing committee appointed by the administration of the hospital. 6 (c) One alternate member representing each unit of the hospital 7 who is a licensed nurse or certified nursing assistant who provides 8 direct patient care on that unit, elected by the licensed nursing staff 9 and certified nursing assistants who provide direct patient care on 10 the unit that the member represents. 11 2. Each time a new staffing committee is formed pursuant to 12 subsection 1, the administration of the hospital shall hold an election 13 to select the members described in paragraphs (a) and (c) of 14 subsection 1. Each licensed nurse and certified staffing assistant 15 who provides direct patient care at the hospital must be allowed at 16 least 3 days to vote for: 17 (a) The regular member described in paragraph (a) of subsection 18 1 who will represent his or her unit and profession; and 19 (b) The alternate member described in paragraph (c) of 20 subsection 1 who will represent his or her unit. 21 3. If a vacancy occurs in a position on a staffing committee 22 described in paragraph (a) or (c) of subsection 1, a new regular or 23 alternate member, as applicable, must be elected in the same manner 24 as his or her predecessor. 25 4. If a staffing committee is established for a health care 26 facility described in subsection 1 through collective bargaining with 27 an employee organization representing the licensed nursing staff and 28 certified nursing assistants of the health care facility: 29 (a) The health care facility is not required to form a staffing 30 committee pursuant to that subsection; and 31 (b) The staffing committee established pursuant to the collective 32 bargaining agreement shall be deemed to be the staffing committee 33 established for the health care facility pursuant to subsection 1. 34 5. In developing the written policy and the staffing plan, the 35 staffing committee shall consider, without limitation, the 36 information received pursuant to paragraph (b) of subsection 5 of 37 NRS 449.2423 regarding requests to be relieved of a work 38 assignment, refusals of a work assignment and objections to a work 39 assignment. 40 6. The staffing committee of a hospital shall meet at least 41 quarterly. 42 [7. Each hospital that is required to establish a staffing 43 committee pursuant to this section shall prepare a written report 44 concerning the establishment of the staffing committee, the 45 – 40 – - *AB243 _R2 * activities and progress of the staffing committee and a determination 1 of the efficacy of the staffing committee. The hospital shall submit 2 the report on or before December 31 of each: 3 (a) Even-numbered year to the Director of the Legislative 4 Counsel Bureau for transmission to the next regular session of the 5 Legislature. 6 (b) Odd-numbered year to the Joint Interim Standing Committee 7 on Health and Human Services.] 8 Sec. 47.5. NRS 459.0094 is hereby amended to read as 9 follows: 10 459.0094 The Executive Director shall: 11 1. Appoint, with the consent of the Commission, an 12 Administrator of each Division of the Agency. 13 2. Advise the Commission on matters relating to the potential 14 disposal of radioactive waste in this State. 15 3. Evaluate the potentially adverse effects of a facility for the 16 disposal of radioactive waste in this State. 17 4. Consult frequently with local governments and state 18 agencies that may be affected by a facility for the disposal of 19 radioactive waste and appropriate legislative committees. 20 5. Assist local governments in their dealings with the 21 Department of Energy and its contractors on matters relating to 22 radioactive waste. 23 6. Carry out the duties imposed on the State by 42 U.S.C. §§ 24 10101 to 10226, inclusive, as those sections existed on July 1, 1995. 25 7. Cooperate with any governmental agency or other person to 26 carry out the provisions of NRS 459.009 to 459.0098, inclusive. 27 8. Provide semiannual written reports to the Joint Interim 28 Standing Committees on Government Affairs, Growth and 29 Infrastructure, Health and Human Services and Natural Resources 30 [.] and Public Lands. The reports must contain: 31 (a) A summary of the status of the activities undertaken by the 32 Agency since the previous report; 33 (b) A description of all contracts the Agency has with natural 34 persons or organizations, including, but not limited to, the name of 35 the recipient of each contract, the amount of the contract, the duties 36 to be performed under the contract, the manner in which the contract 37 assists the Agency in achieving its goals and responsibilities and the 38 status of the performance of the terms of the contract; 39 (c) The status of any litigation relating to the goals and 40 responsibilities of the Agency to which the State of Nevada is a 41 party; and 42 (d) Any other information requested by any of the Committees. 43 – 41 – - *AB243 _R2 * Sec. 48. The provisions of subsection 1 of NRS 218D.380 do 1 not apply to any provision of this act which adds or revises a 2 requirement to submit a report to the Legislature. 3 Sec. 49. (Deleted by amendment.) 4 Sec. 50. 1. If the provisions of any other statute or any other 5 act or resolution passed by the Legislature conflict with the 6 provisions of this act because they assign a power, duty or 7 legislative study or investigation to a legislative committee, 8 subcommittee or other body abolished by the provisions of this act 9 or because they require the submission of a report, document or 10 other information to a legislative committee, subcommittee or other 11 body abolished by the provisions of this act: 12 (a) The conflicting provisions of the other statute, act or 13 resolution are superseded and abrogated by the provisions of this 14 act; and 15 (b) The power, duty or legislative study or investigation shall be 16 deemed assigned to, or the report, document or other information 17 shall be deemed required to be submitted to, the appropriate Joint 18 Interim Standing Committee created by NRS 218E.320 which has 19 jurisdiction over the subject matter, except that if the subject matter 20 falls within the jurisdiction of more than one Joint Interim Standing 21 Committee, the Legislative Commission shall decide and resolve the 22 matter in a manner that is consistent with the intent of the 23 Legislature as determined by the Legislative Commission. 24 2. The Legislative Counsel shall, in preparing the reprint and 25 supplements to the Nevada Revised Statutes and supplements to the 26 Nevada Administrative Code: 27 (a) Make any revisions that are necessary to carry out the 28 provisions of this section; and 29 (b) Change any references to a legislative committee, 30 subcommittee or other body which has been abolished by the 31 provisions of this act, or whose name has been changed or whose 32 responsibilities have been transferred by the provisions of this act, 33 so that such references refer to the appropriate legislative 34 committee, subcommittee or other body. 35 3. As used in this section, “legislative study or investigation” 36 includes, without limitation: 37 (a) Any interim legislative study or investigation; or 38 (b) Any legislative study or investigation assigned to a statutory 39 legislative committee, subcommittee or other body. 40 Sec. 51. NRS 218E.505, 218E.510, 218E.515, 218E.560, 41 218E.755 and 439B.225 are hereby repealed. 42 Sec. 52. 1. This section and sections 1 to 28, inclusive, and 43 30 to 51, inclusive, of this act become effective upon passage and 44 approval. 45 – 42 – - *AB243 _R2 * 2. Section 29 of this act becomes effective on the date that the 1 Director of the Department of Public Safety determines that there is 2 sufficient funding to carry out the provisions of NRS 193.309. 3 LEADLINES OF REPEALED SECTIONS 218E.505 “Subcommittee” defined. 218E.510 Creation; membership; officers; terms; vacancies; alternates. 218E.515 Meetings; rules; quorum; compensation, allowances and expenses of members. 218E.560 Meetings; rules; quorum; compensation, allowances and expenses of members. 218E.755 Meetings; quorum; compensation, allowances and expenses of members. 439B.225 Committee to review certain regulations proposed or adopted by licensing boards; recommendations to Legislature. H