S.B. 226 - *SB226* SENATE BILL NO. 226–COMMITTEE ON LEGISLATIVE OPERATIONS AND ELECTIONS (ON BEHALF OF THE JOINT INTERIM STANDING COMMITTEE ON LEGISLATIVE OPERATIONS AND ELECTIONS) FEBRUARY 19, 2025 ____________ Referred to Committee on Legislative Operations and Elections SUMMARY—Revises provisions relating to legislative affairs. (BDR 17-365) FISCAL NOTE: Effect on Local Government: No. Effect on the State: Yes. ~ 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 the deadline to submit an application to the Joint Interim Standing Committee on Education to serve on the Nevada State Teacher and Education Support Professional Recruitment and Retention Advisory Task Force; eliminating the requirement that the Joint Interim Standing Committee on Health and Human Services review certain regulations; making the Sunset Subcommittee of the Legislative Commission a stand-alone interim committee; 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 – - *SB226* 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 2-4 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 are authorized to evaluate and review issues within the jurisdiction 29 of 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 Section 5 of this bill requires the appointing authorities to appoint the 37 committee members for each Joint Interim Standing Committee, along with the 38 Chairs and Vice Chairs, not later than August 31 following the adjournment of each 39 regular session. Section 5 also clarifies the length of the terms that the committee 40 members and the Chairs and Vice Chairs serve while qualified. 41 Section 6 of this bill requires the Joint Interim Standing Committees to begin 42 holding their meetings on September 1 after the adjournment of each regular 43 session, instead of November 1 under existing law. Section 6 provides that if a 44 regular member cannot attend a meeting of the Committee, an alternate member 45 must be of the same political party as the regular member, and section 6 clarifies 46 that, when acting in place of a regular member, an alternate member has all the 47 powers, privileges and immunities of a regular member. 48 Existing law requires that any recommended legislation proposed by a Joint 49 Interim Standing Committee must be approved by a majority of the members of the 50 Senate and a majority of the members of the Assembly serving on the Committee. 51 (NRS 218E.325) Section 6 changes the approval required to a vote in favor of such 52 legislation by at least five members of the eight-member Committee, regardless of 53 their House. 54 Existing law requires the Joint Interim Standing Committee on Legislative 55 Operations and Elections to evaluate and review issues relating to governmental 56 purchasing. (NRS 218E.330) Section 7 of this bill transfers such duties to the Joint 57 Interim Standing Committee on Government Affairs. Section 36 of this bill makes 58 a conforming change to require that the biennial report on recommendations for 59 legislation relating to governmental purchasing in existing law be submitted to the 60 Joint Interim Standing Committee on Government Affairs. (NRS 332.215) 61 – 3 – - *SB226* Existing law creates the Subcommittee on Public Lands of the Joint Interim 62 Standing Committee on Natural Resources and prescribes the Subcommittee’s 63 powers and duties. (NRS 218E.500-218E.525, NRS 321.7355) Sections 8-10, 35 64 and 43 of this bill eliminate the Subcommittee and transfer its powers and duties to 65 the Joint Interim Standing Committee on Natural Resources and Public Lands, 66 which is renamed as such by section 5. Sections 1 and 40 of this bill make 67 conforming changes as a result of the renaming of this Committee. Section 9 68 requires the renamed Joint Interim Standing Committee on Natural Resources and 69 Public Lands to hold at least three meetings during each legislative interim where 70 the primary physical location of the meeting is located in a different county for 71 each such meeting other than Clark County, Washoe County or Carson City. 72 However, section 9 does not prohibit the use of authorized remote-technology 73 systems for each such meeting, including when necessary to connect the primary 74 physical location of the meeting to additional physical locations for the meeting in 75 Clark County, Washoe County or Carson City. 76 Existing law creates: (1) the Legislative Committee for the Review and 77 Oversight of the Tahoe Regional Planning Agency and the Marlette Lake Water 78 System; and (2) the Legislative Committee on Senior Citizens, Veterans and Adults 79 With Special Needs. (NRS 218E.550-218E.570, 218E.745-218E.760) Sections 11 80 and 12 of this bill revise the membership, organization and operations of these 81 Committees. 82 Existing law creates the Sunset Subcommittee of the Legislative Commission. 83 (NRS 232B.210-232B.250) Sections 26-32 and 43 of this bill: (1) make the Sunset 84 Subcommittee a stand-alone interim committee instead of a subcommittee of the 85 Legislative Commission and rename it as the Sunset Committee of the Legislature; 86 and (2) revise the membership, organization and operations of the Sunset 87 Committee. 88 Existing law authorizes Joint Interim Standing Committees and other interim 89 committees to request the drafting of a certain number of legislative measures for 90 each regular session. (NRS 218D.160) Section 1 revises the number of such 91 requests that the renamed Sunset Committee of the Legislature is authorized to 92 make. 93 Section 43 eliminates the requirement in existing law that the Joint Interim 94 Standing Committee on Health and Human Services review certain regulations that 95 are proposed or adopted by certain licensing boards and that are related to health 96 care. (NRS 439B.225) Sections 33 and 34 of this bill make conforming changes as 97 a result of the elimination of this requirement. 98 Existing law requires a teacher who wishes to serve on the Nevada State 99 Teacher and Education Support Professional Recruitment and Retention Advisory 100 Task Force to submit an application to the Joint Interim Standing Committee on 101 Education on or before January 15 of an even-numbered year. (NRS 391.494) 102 Section 38 of this bill moves the due date of the application to December 1 of an 103 odd-numbered year. 104 Existing law requires various reports, documents and other information to be 105 compiled by state or local governmental agencies or other entities and then reported 106 to certain legislative committees or staff. (NRS 193.309, 209.192, 209.461, 107 209.4818, 388.887, 449.242) Sections 22-25 and 37-39 of this bill revise those 108 reporting requirements. 109 Under existing law, the Nevada Lobbying Disclosure and Regulation Act 110 (Lobbying Act) prohibits, with certain exceptions, Legislators, legislative officers 111 and legislative staff members from knowingly or willfully soliciting or accepting 112 any gift from a lobbyist, whether or not the Legislature is in a regular or special 113 session. (NRS 218H.060, 218H.090, 218H.930) Under existing exceptions to the 114 gift prohibitions, if Legislators or members of their households receive anything of 115 value from a lobbyist to undertake or attend any educational or informational 116 – 4 – - *SB226* meetings, events or trips, such meetings, events or trips are excluded from the term 117 “gift” under the Lobbying Act, but the Legislators are required to report the 118 educational or informational meetings, events or trips on their financial disclosure 119 statements under the Nevada Financial Disclosure Act (Financial Disclosure Act). 120 (NRS 218H.045, 218H.060, 281.5583, 281.571) 121 Sections 13-20 of this bill create exceptions for legislative committee 122 investigative meetings, events or trips. Section 15 defines a “legislative committee 123 investigative meeting, event or trip” to include any meetings, events or trips that the 124 chair of a legislative committee authorizes as official meetings, events or trips of 125 the committee in order for the members of the committee and legislative staff 126 members to investigate or otherwise receive any education or information on 127 matters that are pertinent to the committee’s legislative business or possible future 128 legislative action. Based on the exceptions in sections 17 and 19, such legislative 129 committee investigative meetings, events or trips are not required to be reported on 130 financial disclosure statements under the Financial Disclosure Act. (NRS 281.5583, 131 281.5585) 132 Sections 17 and 19 also make the existing exceptions for educational or 133 informational meetings, events or trips applicable to: (1) legislative officers, such as 134 the Secretary of the Senate and the Chief Clerk of the Assembly; and (2) legislative 135 staff members but only if such staff members have the approval of their chief 136 administrative supervisors to undertake or attend the educational or informational 137 meetings, events or trips. Because the Financial Disclosure Act applies to 138 legislative officers, such as the Secretary of the Senate and the Chief Clerk of the 139 Assembly, and to certain senior staff members of the Legislative Counsel Bureau, 140 such as the Director and the chiefs of the divisions, they are required to report the 141 educational or informational meetings, events or trips on financial disclosure 142 statements. By contrast, if rank-and-file legislative staff members have the approval 143 of their chief administrative supervisors to undertake or attend any educational or 144 informational meetings, events or trips, they are not required to report the 145 educational or informational meetings, events or trips on financial disclosure 146 statements, unless they qualify as a public officer or candidate or a member of a 147 public officer’s or candidate’s household for the purposes of the Financial 148 Disclosure Act. (NRS 281.005, 281.558, 281.5583, 281.5587) 149 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 day of a regular session, with the approval of the Committee, which 11 relate to matters within the scope of the Committee. 12 – 5 – - *SB226* 3. Except as otherwise provided by a specific statute, joint rule 1 or concurrent resolution: 2 (a) [Except as otherwise provided in paragraphs (b), (c) and (d), 3 a] A Joint Interim Standing Committee may request the drafting of 4 not more than 10 legislative measures which relate to matters within 5 the scope of the Committee [. 6 (b) The] , unless another provision in this subsection 7 authorizes a different number of requests for a specific Joint 8 Interim Standing Committee. 9 (b) In addition to the number of requests authorized pursuant 10 to paragraph (a), the Joint Interim Standing Committee on Health 11 and Human Services may request the drafting of not more than [15] 12 5 legislative measures [which relate to matters within the scope of 13 the Committee, at least 5 of which must relate to matters] relating to 14 child welfare. 15 (c) [The] In addition to the number of requests authorized 16 pursuant to paragraph (a), the Joint Interim Standing Committee 17 on the Judiciary may request the drafting of not more than [15] 5 18 legislative measures [which relate to matters within the scope of the 19 Committee, at least 5 of which must relate to matters] relating to 20 juvenile justice. 21 (d) [The] In addition to the number of requests authorized 22 pursuant to paragraph (a), the Joint Interim Standing Committee 23 on Natural Resources and Public Lands may request the drafting of 24 not more than [14] 4 legislative measures [which relate to matters 25 within the scope of the Committee, at least 4 of which must relate to 26 matters] relating to public lands . [based on the recommendations 27 for legislation submitted by the Subcommittee on Public Lands 28 pursuant to NRS 218E.525.] 29 (e) Any legislative committee created by a statute, other than the 30 Legislative Committee on Senior Citizens, Veterans and Adults 31 With Special Needs created by NRS 218E.750 , the Sunset 32 Committee of the Legislature created by NRS 232B.210 or an 33 interim legislative committee, may request the drafting of not more 34 than 10 legislative measures which relate to matters within the scope 35 of the committee. 36 (f) The Legislative Committee on Senior Citizens, Veterans and 37 Adults With Special Needs created by NRS 218E.750 may request 38 the drafting of not more than 6 legislative measures which relate to 39 matters within the scope of the Committee. 40 (g) The Sunset Committee of the Legislature created by NRS 41 232B.210 may request the drafting of not more than 5 legislative 42 measures which relate to matters within the scope of the 43 Committee, except that the Committee may request the drafting of 44 – 6 – - *SB226* additional legislative measures if the Legislative Commission 1 approves each additional request by a majority vote. 2 (h) Any committee or subcommittee established by an order of 3 the Legislative Commission pursuant to NRS 218E.200 may request 4 the drafting of not more than 5 legislative measures which relate to 5 matters within the scope of the study or investigation, except that 6 such a committee or subcommittee may request the drafting of 7 additional legislative measures if the Legislative Commission 8 approves each additional request by a majority vote. 9 [(h)] (i) Any other committee established by the Legislature 10 which conducts an interim legislative study or investigation may 11 request the drafting of not more than 5 legislative measures which 12 relate to matters within the scope of the study or investigation. 13 The requests authorized pursuant to this subsection must be 14 submitted to the Legislative Counsel on or before September 1 15 preceding a regular session unless the Legislative Commission 16 authorizes submitting a request after that date. 17 4. Each request made pursuant to this section must be on a 18 form prescribed by the Legislative Counsel. 19 Sec. 2. NRS 218E.110 is hereby amended to read as follows: 20 218E.110 1. “Committee” means the Legislative 21 Commission, a Joint Interim Standing Committee , the Sunset 22 Committee of the Legislature created by NRS 232B.210 and any 23 other legislative committee or subcommittee created by the 24 provisions of this chapter or a specific statute, concurrent resolution 25 or order of the Legislative Commission to conduct studies or 26 investigations or perform any other legislative business during the 27 legislative interim. 28 2. The term includes, without limitation, any interim, 29 advisory or other similar committee or subcommittee for which 30 legislative staff members serve as the primary administrative or 31 professional staff. 32 3. The term does not include any legislative committee or 33 subcommittee appointed by the Legislature or either House to 34 conduct or perform legislative business during a regular or special 35 session, including, without limitation, any joint, standing, 36 temporary, special or select committee or committee of the whole. 37 Sec. 3. NRS 218E.125 is hereby amended to read as follows: 38 218E.125 1. The provisions of NRS 218E.105 to 218E.140, 39 inclusive, are intended to supplement the other provisions of this 40 chapter and any other [law] laws or rules governing the legislative 41 proceedings of a committee, including, without limitation, any 42 applicable principles of parliamentary law, and the provisions of 43 NRS 218E.105 to 218E.140, inclusive, do not limit the application 44 of such other [provisions.] legal authorities. 45 – 7 – - *SB226* 2. The powers, privileges and immunities granted by the 1 provisions of NRS 218E.105 to 218E.140, inclusive, are in addition 2 to any other powers, privileges and immunities recognized by [law,] 3 any other laws or rules, including, without limitation, any 4 applicable principles of parliamentary law, and all such powers, 5 privileges and immunities are cumulative, so that the application or 6 attempted application of any one does not bar the application or 7 attempted application of any other. 8 Sec. 4. NRS 218E.130 is hereby amended to read as follows: 9 218E.130 1. A committee may conduct investigations and 10 hold hearings regarding any matter which is pertinent to its 11 legislative business or possible future legislative action and may 12 exercise any of the investigative powers set forth in NRS 218E.105 13 to 218E.140, inclusive. 14 2. The secretary of the committee or any member of the 15 committee may administer oaths to witnesses who appear before the 16 committee. 17 3. The chair of the committee, or the secretary of the 18 committee on behalf of the chair, may cause the deposition of 19 witnesses to be taken, whether the witnesses reside within or 20 without the State, in the manner prescribed by court rules for taking 21 depositions in civil actions in the district court. 22 4. The chair of the committee may take, direct or require any 23 necessary and reasonable actions to carry out the committee’s 24 management, government, budget, meetings and proceedings, 25 subject to the laws and rules governing the committee, including, 26 without limitation, any applicable principles of parliamentary law. 27 5. If a vacancy occurs in the position of chair of the 28 committee, or if the chair is prohibited or disqualified from 29 participating or acting on a particular matter for any reason or is 30 absent, disabled or otherwise unavailable or unable to carry out 31 the position for any reason, the vice chair of the committee shall 32 serve as the acting chair, with all the powers, privileges and 33 immunities of the position of chair, until the vacancy is filled or 34 the chair is eligible, available or able to carry out the position 35 again, as applicable. 36 Sec. 5. NRS 218E.320 is hereby amended to read as follows: 37 218E.320 1. There are hereby created the following Joint 38 Interim Standing Committees of the Legislature: 39 (a) Commerce and Labor; 40 (b) Education; 41 (c) Government Affairs; 42 (d) Growth and Infrastructure; 43 (e) Health and Human Services; 44 (f) Judiciary; 45 – 8 – - *SB226* (g) Legislative Operations and Elections; 1 (h) Natural Resources [;] and Public Lands; and 2 (i) Revenue. 3 2. Each Joint Interim Standing Committee consists of eight 4 regular members and five alternate members. As soon as is 5 practicable after the adjournment of each regular session [:] and not 6 later than August 31 immediately following such adjournment: 7 (a) The Speaker of the Assembly shall appoint three members of 8 the Assembly as regular members of each Committee and two 9 members of the Assembly as alternate members of each Committee. 10 (b) The Minority Leader of the Assembly shall appoint two 11 members of the Assembly as regular members of each Committee 12 and one member of the Assembly as an alternate member of each 13 Committee. 14 (c) The Majority Leader of the Senate shall appoint two 15 Senators as regular members of each Committee and one Senator as 16 an alternate member of each Committee. 17 (d) The Minority Leader of the Senate shall appoint one Senator 18 as a regular member of each Committee and one Senator as an 19 alternate member of each Committee. 20 3. Before making their respective appointments, the Speaker of 21 the Assembly, the Majority Leader of the Senate and the Minority 22 Leaders of the Senate and Assembly shall consult so that, to the 23 extent practicable: 24 (a) At least five of the regular members appointed to each Joint 25 Interim Standing Committee served on the corresponding standing 26 committee or committees during the preceding regular session. 27 (b) Not more than five of the regular members appointed to each 28 Joint Interim Standing Committee are members of the same political 29 party. 30 4. The Legislative Commission shall [select] appoint the Chair 31 and Vice Chair of each Joint Interim Standing Committee from 32 among the members of the Committee [.] and shall make such 33 appointments as soon as is practicable after the adjournment of 34 each regular session and not later than August 31 immediately 35 following such adjournment. The Chair must be appointed from 36 one House of the Legislature and the Vice Chair from the other 37 House. The position of Chair must alternate each biennium between 38 the Houses of the Legislature. [Each of those officers] 39 5. Except as otherwise provided in this section, each Chair 40 and Vice Chair holds the position , while qualified, until a 41 successor is appointed after the next regular session. If a vacancy 42 occurs in the position of Chair or Vice Chair, the vacancy must be 43 filled in the same manner as the original [selection] appointment for 44 the remainder of the unexpired term. 45 – 9 – - *SB226* [5.] 6. Except as otherwise provided in this subsection, a 1 member of a Joint Interim Standing Committee holds his or her 2 membership on the Committee, while qualified, until a successor 3 is appointed after the next regular session. The membership of any 4 member of a Joint Interim Standing Committee who does not 5 become a candidate for reelection or who is defeated for reelection 6 terminates on the day next after the general election. The Speaker 7 designate of the Assembly or the Majority Leader designate of the 8 Senate, as the case may be, may appoint a member to fill the 9 vacancy for the remainder of the unexpired term. 10 [6.] 7. Vacancies on a Joint Interim Standing Committee must 11 be filled in the same manner as original appointments. 12 Sec. 6. NRS 218E.325 is hereby amended to read as follows: 13 218E.325 1. Except as otherwise ordered by the Legislative 14 Commission, the members of a Joint Interim Standing Committee 15 shall meet not earlier than [November 1 of each odd-numbered year] 16 September 1 immediately following the adjournment of each 17 regular session and not later than August 31 of the following even-18 numbered year at the times and places specified by a call of the 19 Chair or a majority of the Committee. 20 2. The Director or his or her designee shall act as the nonvoting 21 recording Secretary of each Joint Interim Standing Committee. 22 3. Five members of a Joint Interim Standing Committee 23 constitute a quorum, and a quorum may exercise all the power and 24 authority conferred on the Committee, except that any 25 recommended legislation proposed by [a] the Committee must be 26 approved by a [majority of the members of the Senate and a 27 majority of the members of the Assembly serving on] vote in favor 28 of such legislation by at least five members of the Committee. 29 4. All requests for the drafting of recommended legislation 30 approved by a Joint Interim Standing Committee must be made in 31 accordance with NRS 218D.160. 32 5. If an alternate member of a Joint Interim Standing 33 Committee attends a meeting of the Committee in place of a 34 regular member who cannot attend the meeting, the alternate 35 member who attends the meeting must be of the same political 36 party as the regular member. When acting in place of a regular 37 member, an alternate member has all the powers, privileges and 38 immunities of a regular member. 39 6. Except during a regular or special session, for each day or 40 portion of a day during which a member of a Joint Interim Standing 41 Committee attends a meeting of the Committee or is otherwise 42 engaged in the work of the Committee, the member is entitled to 43 receive the: 44 – 10 – - *SB226* (a) Compensation provided for a majority of the members of the 1 Legislature during the first 60 days of the preceding regular session; 2 (b) Per diem allowance provided for state officers and 3 employees generally; and 4 (c) Travel expenses provided pursuant to NRS 218A.655. 5 [] 6 7. The compensation, per diem allowances and travel expenses 7 of the members of a Joint Interim Standing Committee must be 8 paid from the Legislative Fund. 9 Sec. 7. NRS 218E.330 is hereby amended to read as follows: 10 218E.330 1. A Joint Interim Standing Committee may: 11 (a) Evaluate and review issues within the jurisdiction of the 12 corresponding standing committee or committees from the 13 preceding regular session; 14 (b) Exercise any of the investigative powers set forth in NRS 15 218E.105 to 218E.140, inclusive; and 16 (c) Within the limits of the Committee’s budget, conduct studies 17 directed by the Legislature or the Legislative Commission. 18 2. In addition to the authorized scope of issues set forth in 19 paragraph (a) of subsection 1: 20 (a) The Joint Interim Standing Committee on Health and Human 21 Services shall, either as part of its regular work or through 22 appointment of a subcommittee, evaluate and review issues relating 23 to child welfare. 24 (b) The Joint Interim Standing Committee on the Judiciary shall, 25 either as part of its regular work or through appointment of a 26 subcommittee, evaluate and review issues relating to juvenile 27 justice. 28 (c) The Joint Interim Standing Committee on [Legislative 29 Operations and Elections] Government Affairs may evaluate and 30 review issues relating to governmental purchasing, including, 31 without limitation, recommendations submitted to the Joint Interim 32 Standing Committee by the Commission to Study Governmental 33 Purchasing pursuant to NRS 332.215. 34 3. The Legislative Commission shall review and approve the 35 budget and work program of each Joint Interim Standing Committee 36 and any changes to the budget or work program. 37 4. A Joint Interim Standing Committee shall prepare a 38 comprehensive report of the Committee’s activities in the interim 39 and its findings and any recommendations for proposed legislation. 40 The report must be submitted to the Director for distribution to the 41 next regular session. 42 Sec. 8. NRS 218E.500 is hereby amended to read as follows: 43 218E.500 The Legislature finds and declares that: 44 – 11 – - *SB226* 1. Policies and issues relating to public lands and state 1 sovereignty as impaired by federal ownership of land are matters of 2 continuing concern to this State. 3 2. This concern necessarily includes an awareness that all 4 federal statutes, policies and regulations which affect the 5 management of public lands are likely to have extensive effects 6 within the State and must not be ignored or automatically dismissed 7 as beyond the reach of the state’s policymakers. 8 3. Experience with federal regulations relating to public lands 9 has demonstrated that the State of Nevada and its citizens are 10 subjected to regulations which sometimes are unreasonable, 11 arbitrary, beyond the intent of the Congress or the scope of the 12 authority of the agency adopting them and that as a result these 13 regulations should be subjected to legislative review and comment, 14 and judicially tested where appropriate, to protect the rights and 15 interests of the State and its citizens. 16 4. Other western states where public lands comprise a large 17 proportion of the total area have shown an interest in matters 18 relating to public lands and those states, along with Nevada, have 19 been actively participating in cooperative efforts to acquire, evaluate 20 and share information and promote greater understanding of the 21 issues. Since Nevada can both contribute to and benefit from such 22 interstate activities, it is appropriate that [a subcommittee on matters 23 relating to public lands] the Joint Interim Standing Committee on 24 Natural Resources and Public Lands be assigned primary 25 responsibility for participating in them. 26 Sec. 9. NRS 218E.520 is hereby amended to read as follows: 27 218E.520 1. [The Subcommittee] During each legislative 28 interim, the Joint Interim Standing Committee on Natural 29 Resources and Public Lands shall hold at least three meetings 30 where the primary physical location for the meeting is: 31 (a) Located in a different county for each such meeting; and 32 (b) Not located in Clark County, Washoe County or Carson 33 City for each such meeting, 34 except that this subsection does not prohibit any additional 35 physical locations for such a meeting from being located in Clark 36 County, Washoe County or Carson City and connected to the 37 primary physical location for the meeting through the use of any 38 authorized remote-technology system or otherwise prohibit the use 39 of any authorized remote-technology system for such a meeting. 40 As used in this subsection, “authorized remote-technology system” 41 has the meaning ascribed to it in NRS 218A.806. 42 2. In addition to any other powers or duties, the Committee 43 may: 44 – 12 – - *SB226* (a) Review and comment on any administrative policy, rule or 1 regulation of the: 2 (1) Secretary of the Interior which pertains to policy 3 concerning or management of public lands under the control of the 4 Federal Government; and 5 (2) Secretary of Agriculture which pertains to policy 6 concerning or management of national forests; 7 (b) Conduct investigations and hold hearings in connection with 8 its review, including, but not limited to, investigating the effect on 9 the State, its citizens, political subdivisions, businesses and 10 industries of those policies, rules, regulations and related laws, and 11 exercise any of the investigative powers set forth in NRS 218E.105 12 to 218E.140, inclusive; 13 (c) Consult with and advise the State Land Use Planning 14 Agency on matters concerning federal land use, policies and 15 activities in this State; 16 (d) Direct the Legislative Counsel Bureau to assist in its 17 research, investigations, review and comment; 18 (e) Recommend to the Legislature as a result of its review any 19 appropriate state legislation or corrective federal legislation; 20 (f) Advise the Attorney General if it believes that any federal 21 policy, rule or regulation which it has reviewed encroaches on the 22 sovereignty respecting land or water or their use which has been 23 reserved to the State pursuant to the Constitution of the United 24 States; 25 (g) Enter into a contract for consulting services for land 26 planning and any other related activities, including, but not limited 27 to: 28 (1) Advising the [Subcommittee] Committee and the State 29 Land Use Planning Agency concerning the revision of the plans 30 pursuant to NRS 321.7355; 31 (2) Assisting local governments in the identification of lands 32 administered by the Federal Government in this State which are 33 needed for residential or economic development or any other 34 purpose; and 35 (3) Assisting local governments in the acquisition of federal 36 lands in this State; 37 (h) Apply for any available grants and accept any gifts, grants or 38 donations to assist the [Subcommittee] Committee in carrying out 39 its duties; and 40 (i) Review and comment on any other matter relating to the 41 preservation, conservation, use, management or disposal of public 42 lands deemed appropriate by the Chair of the [Subcommittee] 43 Committee or by a majority of the members of the [Subcommittee.] 44 Committee. 45 – 13 – - *SB226* [2.] 3. Any reference in this section to federal policies, rules, 1 regulations and related federal laws includes those which are 2 proposed as well as those which are enacted or adopted. 3 Sec. 10. NRS 218E.525 is hereby amended to read as follows: 4 218E.525 [1. The Subcommittee shall:] In addition to any 5 other powers or duties, the Joint Interim Standing Committee on 6 Natural Resources and Public Lands: 7 1. Shall: 8 (a) Actively support the efforts of state and local governments in 9 the western states regarding public lands and state sovereignty as 10 impaired by federal ownership of land. 11 (b) Advance knowledge and understanding in local, regional and 12 national forums of Nevada’s unique situation with respect to public 13 lands. 14 (c) Support legislation that will enhance state and local roles in 15 the management of public lands and will increase the disposal of 16 public lands. 17 [2. The Subcommittee: 18 (a) Shall review] 19 (d) Review the programs and activities of: 20 (1) The Colorado River Commission of Nevada; 21 (2) All public water authorities, districts and systems in the 22 State of Nevada, including, without limitation, the Southern Nevada 23 Water Authority, the Truckee Meadows Water Authority, the Virgin 24 Valley Water District, the Carson Water Subconservancy District, 25 the Humboldt River Basin Water Authority and the Truckee-Carson 26 Irrigation District; and 27 (3) All other public or private entities with which any county 28 in the State has an agreement regarding the planning, development 29 or distribution of water resources, or any combination thereof . [; 30 (b) Shall submit recommendations for legislation to the Joint 31 Interim Standing Committee on Natural Resources; 32 (c) Shall, on or before January 15 of each odd-numbered year, 33 submit to the Joint Interim Standing Committee on Natural 34 Resources for transmittal to the Legislature a report concerning the 35 review conducted pursuant to paragraph (a); and 36 (d)] 2. May review and comment on other issues relating to 37 water resources in this State, including, without limitation: 38 [(1)] (a) The laws, regulations and policies regulating the 39 use, allocation and management of water in this State; and 40 [(2)] (b) The status of existing information and studies 41 relating to water use, surface water resources and groundwater 42 resources in this State. 43 – 14 – - *SB226* Sec. 11. NRS 218E.555 is hereby amended to read as follows: 1 218E.555 1. There is hereby created the Legislative 2 Committee for the Review and Oversight of the Tahoe Regional 3 Planning Agency and the Marlette Lake Water System . [consisting 4 of three members of the Senate and three members of the Assembly, 5 appointed by the Legislative Commission with] 6 2. The Committee consists of eight regular members and five 7 alternate members who are appointed in the same manner as the 8 members of a Joint Interim Standing Committee pursuant to NRS 9 218E.320, except that the members of the Committee must be 10 appointed, to the extent practicable: 11 (a) With appropriate regard for their experience with and 12 knowledge of matters relating to the management of natural 13 resources [. The members must be appointed to] ; and 14 (b) To provide representation from the various geographical 15 regions of the State. 16 [2. The Legislative Commission shall review and approve the 17 budget and work program for the Committee and any changes to the 18 budget or work program. 19 3. The members of the Committee shall elect a Chair from one 20 House and a Vice Chair from the other House. Each Chair and Vice 21 Chair holds office for a term of 2 years commencing on July 1 of 22 each odd-numbered year. 23 4. Any member of the Committee who is not a candidate for 24 reelection or who is defeated for reelection continues to serve after 25 the general election until the next regular or special session 26 convenes. 27 5. Vacancies on the Committee must be filled in the same 28 manner as original appointments. 29 6. The Committee shall report annually to the Legislative 30 Commission concerning its activities and any recommendations.] 31 3. Except as otherwise provided in this section, the provisions 32 of NRS 218E.320, 218E.325 and 218E.330: 33 (a) Apply to the Committee in the same manner as a Joint 34 Interim Standing Committee, including, without limitation, 35 providing the Committee with any powers, privileges and 36 immunities set forth in those provisions; and 37 (b) Control the Committee’s formation, organization and 38 operations, including, without limitation, its membership, officers, 39 management, government, budget, compensation, allowances, 40 expenses, meetings and proceedings, but the Committee shall not 41 be deemed a Joint Interim Standing Committee for the purposes of 42 the number of requests that it may submit for the drafting of 43 legislative measures pursuant to NRS 218D.160. 44 – 15 – - *SB226* 4. If there is a conflict between the provisions of NRS 1 218E.320, 218E.325 and 218E.330 and the provisions of a specific 2 statute that applies to the Committee, the provisions of the specific 3 statute control. 4 Sec. 12. NRS 218E.750 is hereby amended to read as follows: 5 218E.750 1. The Legislative Committee on Senior Citizens, 6 Veterans and Adults With Special Needs [, consisting of six 7 members,] is hereby created. 8 2. The [membership of the] Committee consists of [: 9 (a) Three members of the Senate appointed by the Majority 10 Leader of the Senate, at least one of whom must be a member of the 11 minority political party; and 12 (b) Three members of the Assembly appointed by the Speaker of 13 the Assembly, at least one of whom must be a member of the 14 minority political party. 15 2. The Legislative Commission shall review and approve the 16 budget and work program for the Committee and any changes to the 17 budget or work program. 18 3. The Legislative Commission shall select the Chair and Vice 19 Chair of the Committee from among the members of the Committee. 20 After the initial selection, each Chair and Vice Chair holds office for 21 a term of 2 years commencing on July 1 of each odd-numbered year. 22 The office of Chair of the Committee must alternate each biennium 23 between the Houses. If a vacancy occurs in the office of Chair or 24 Vice Chair, the vacancy must be filled in the same manner as the 25 original selection for the remainder of the unexpired term. 26 4. A 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. A vacancy on the Committee must be filled in the same 31 manner as the original appointment for the remainder of the 32 unexpired term.] eight regular members and five alternate 33 members who are appointed in the same manner as the members 34 of a Joint Interim Standing Committee pursuant to 35 NRS 218E.320. 36 3. Except as otherwise provided in this section, the provisions 37 of NRS 218E.320, 218E.325 and 218E.330: 38 (a) Apply to the Committee in the same manner as a Joint 39 Interim Standing Committee, including, without limitation, 40 providing the Committee with any powers, privileges and 41 immunities set forth in those provisions; and 42 (b) Control the Committee’s formation, organization and 43 operations, including, without limitation, its membership, officers, 44 management, government, budget, compensation, allowances, 45 – 16 – - *SB226* expenses, meetings and proceedings, but the Committee shall not 1 be deemed a Joint Interim Standing Committee for the purposes of 2 the number of requests that it may submit for the drafting of 3 legislative measures pursuant to NRS 218D.160. 4 4. If there is a conflict between the provisions of NRS 5 218E.320, 218E.325 and 218E.330 and the provisions of a specific 6 statute that applies to the Committee, the provisions of the specific 7 statute control. 8 Sec. 13. Chapter 218H of NRS is hereby amended by adding 9 thereto the provisions set forth as sections 14 and 15 of this act. 10 Sec. 14. 1. “Legislative committee” means any committee, 11 subcommittee, commission or similar body created or authorized 12 by the Legislature or either House to conduct or perform 13 legislative business at the direction of or on behalf of the 14 Legislature or either House. 15 2. The term includes, without limitation, any interim, 16 advisory or other committee, subcommittee, commission or similar 17 body for which legislative staff members serve as the primary 18 administrative or professional staff. 19 Sec. 15. “Legislative committee investigative meeting, event 20 or trip” means any meeting, event or trip that the chair of a 21 legislative committee authorizes as an official meeting, event or 22 trip of the committee in order for the members of the committee 23 and legislative staff members to investigate or otherwise receive 24 any education or information on matters that are pertinent to the 25 committee’s legislative business or possible future legislative 26 action. 27 Sec. 16. NRS 218H.030 is hereby amended to read as follows: 28 218H.030 As used in this chapter, unless the context otherwise 29 requires, the words and terms defined in NRS 218H.033 to 30 218H.110, inclusive, and sections 14 and 15 of this act, have the 31 meanings ascribed to them in those sections. 32 Sec. 17. NRS 218H.045 is hereby amended to read as follows: 33 218H.045 1. “Educational or informational meeting, event or 34 trip” means any meeting, event or trip undertaken or attended by a 35 Legislator [if,] or legislative officer, or any legislative staff member 36 with the approval of his or her chief administrative supervisor, if 37 in connection with the meeting, event or trip: 38 (a) The Legislator , legislative officer or legislative staff 39 member, or a member of [the Legislator’s] his or her household , 40 receives anything of value from a lobbyist to undertake or attend the 41 meeting, event or trip; and 42 (b) The Legislator , legislative officer or legislative staff 43 member provides or receives any education or information on 44 – 17 – - *SB226* matters relating to the legislative, administrative or political action 1 of the Legislator [.] or the Legislative Branch. 2 2. The term includes, without limitation, any reception, 3 gathering, conference, convention, discussion, forum, roundtable, 4 seminar, symposium, speaking engagement or other similar 5 meeting, event or trip with an educational or informational 6 component. 7 3. The term does not include: 8 (a) A meeting, event or trip undertaken or attended by a 9 Legislator , legislative officer or legislative staff member, or a 10 member of [the Legislator’s] his or her household , for personal 11 reasons or for reasons relating to any professional or occupational 12 license held by the [Legislator or the member of the Legislator’s 13 household,] person, unless the [Legislator or the member of the 14 Legislator’s household] person participates as one of the primary 15 speakers, instructors or presenters at the meeting, event or trip. 16 (b) A meeting, event or trip undertaken or attended by a 17 Legislator , legislative officer or legislative staff member, or a 18 member of [the Legislator’s] his or her household , if the meeting, 19 event or trip is undertaken or attended as part of his or her bona fide 20 employment or service as an employee or independent contractor 21 and anything of value received by the [Legislator or the member of 22 the Legislator’s household] person for the meeting, event or trip or 23 otherwise paid for or reimbursed to the [Legislator or the member of 24 the Legislator’s household] person as part of his or her bona fide 25 employment or service as an employee or independent contractor. 26 (c) A party, meal, function or other social event to which every 27 Legislator is invited where educational or informational displays or 28 materials are available but no formal speech, presentation or other 29 similar action to educate or inform the Legislators occurs. 30 (d) A legislative committee investigative meeting, event or trip. 31 4. For the purposes of this section, “anything of value” 32 includes, without limitation, any actual expenses for food, 33 beverages, registration fees, travel or lodging provided or given to 34 or paid for the benefit of the Legislator , legislative officer or 35 legislative staff member, or a member of [the Legislator’s] his or 36 her household , or reimbursement for any such actual expenses paid 37 by the [Legislator or a member of the Legislator’s household,] 38 person, if the expenses are incurred on a day during which the 39 [Legislator or a member of the Legislator’s household] person 40 undertakes or attends the meeting, event or trip or during which the 41 [Legislator or a member of the Legislator’s household] person 42 travels to or from the meeting, event or trip. 43 5. For the purposes of this section, if a legislative staff 44 member undertakes or attends a meeting, event or trip that meets 45 – 18 – - *SB226* the definition of “educational or informational meeting, event or 1 trip” set forth in this section, the legislative staff member is not 2 subject to the Nevada Financial Disclosure Act in NRS 281.5555 3 to 281.581, inclusive, unless the legislative staff member is a 4 public officer or candidate or a member of a public officer’s or 5 candidate’s household for the purposes of that Act. 6 Sec. 18. NRS 218H.050 is hereby amended to read as follows: 7 218H.050 1. “Expenditure” means any of the following acts 8 by a lobbyist while the Legislature is in a regular or special session: 9 (a) Any payment, conveyance, transfer, distribution, deposit, 10 advance, loan, forbearance, subscription, pledge or rendering of 11 money, services or anything else of value; or 12 (b) Any contract, agreement, promise or other obligation, 13 whether or not legally enforceable, to make any such expenditure. 14 2. The term includes, without limitation: 15 (a) Anything of value provided for an educational or 16 informational meeting, event or trip [.] or a legislative committee 17 investigative meeting, event or trip. 18 (b) The cost of a party, meal, function or other social event to 19 which every Legislator is invited. 20 3. The term does not include: 21 (a) A prohibited gift. 22 (b) A lobbyist’s personal expenditures for his or her own food, 23 beverages, lodging, travel expenses or membership fees or dues. 24 Sec. 19. NRS 218H.060 is hereby amended to read as follows: 25 218H.060 1. “Gift” means any payment, conveyance, 26 transfer, distribution, deposit, advance, loan, forbearance, 27 subscription, pledge or rendering of money, services or anything 28 else of value, unless consideration of equal or greater value is 29 received. 30 2. The term does not include: 31 (a) Any political contribution of money or services related to a 32 political campaign. 33 (b) Any commercially reasonable loan made in the ordinary 34 course of business. 35 (c) Anything of value provided for an educational or 36 informational meeting, event or trip [.] or a legislative committee 37 investigative meeting, event or trip. 38 (d) The cost of a party, meal, function or other social event to 39 which every Legislator is invited, including, without limitation, the 40 cost of food or beverages provided at the party, meal, function or 41 other social event. For the purposes of this paragraph, there is a 42 presumption that every Legislator is invited if the party, meal, 43 function or other social event is held at any governmental building, 44 facility or other property or the invitation for or notice of the party, 45 – 19 – - *SB226* meal, function or other social event indicates that it is a legislative 1 event. 2 (e) Any ceremonial gifts received for a birthday, wedding, 3 anniversary, holiday or other ceremonial occasion from a donor who 4 is not a lobbyist. 5 (f) Anything of value received from a person who is: 6 (1) Related to the recipient, or to the spouse or domestic 7 partner of the recipient, by blood, adoption, marriage or domestic 8 partnership within the third degree of consanguinity or affinity; or 9 (2) A member of the recipient’s household. 10 (g) Anything of value received by a person as part of his or her 11 bona fide employment or service as an employee or independent 12 contractor or otherwise paid for or reimbursed to the person as part 13 of his or her bona fide employment or service as an employee or 14 independent contractor. 15 Sec. 20. NRS 218H.092 is hereby amended to read as follows: 16 218H.092 “Member of the [Legislator’s] person’s household” 17 [means] or “member of his or her household,” or any variation 18 thereof, means: 19 1. For a person who is subject to the Nevada Financial 20 Disclosure Act in NRS 281.5555 to 281.581, inclusive, a member 21 of [the Legislator’s] his or her household for the purposes of that 22 Act. 23 2. For any other person, a substantially similar member of 24 his or her household as if the Nevada Financial Disclosure Act in 25 NRS 281.5555 to 281.581, inclusive [.] , applied to the person but 26 only for the limited purposes of this definition. 27 Sec. 21. NRS 176.0129 is hereby amended to read as follows: 28 176.0129 1. The Office of Finance shall, on an annual basis, 29 contract for the services of an independent contractor, in accordance 30 with the provisions of NRS 333.700, to review sentences imposed in 31 this State and the practices of the State Board of Parole 32 Commissioners and project annually the number of persons who 33 will be: 34 [1.] (a) In a facility or institution of the Department of 35 Corrections; 36 [2.] (b) On probation; 37 [3.] (c) On parole; and 38 [4.] (d) Serving a term of residential confinement, 39 during the 10 years immediately following the date of the 40 projection. 41 2. On or before December 1 of each year, the Office of 42 Finance shall prepare an annual report of the review and 43 projections made by the independent contractor pursuant to 44 subsection 1 and provide the report to: 45 – 20 – - *SB226* (a) The Joint Interim Standing Committee on the Judiciary; 1 and 2 (b) The Department of Sentencing Policy. 3 Sec. 22. NRS 193.309 is hereby amended to read as follows: 4 193.309 1. Each law enforcement agency shall annually 5 make available to the public and on a monthly basis submit to the 6 Central Repository a report that includes, without limitation, a 7 compilation of statistics relating to incidents involving the use of 8 force that occurred during the immediately preceding calendar year, 9 or month, as applicable, including, without limitation: 10 (a) The number of complaints against peace officers employed 11 by the law enforcement agency relating to the use of force and the 12 number of such complaints that were substantiated; and 13 (b) A compilation of statistics relating to incidents involving the 14 use of force that, for each incident, includes, without limitation, all 15 information collected by the National Use-of-Force Data Collection 16 of the Federal Bureau of Investigation. 17 2. Each law enforcement agency shall submit the report 18 required pursuant to subsection 1 in a manner approved by the 19 Director of the Department of Public Safety and in accordance with 20 the policies, procedures and definitions of the Department. 21 3. The Central Repository shall make the use-of-force data 22 submitted by each law enforcement agency pursuant to subsection 1 23 available for access by the public on the Internet website of the 24 Central Repository. 25 4. The Central Repository may accept gifts, grants and 26 donations from any source for the purpose of carrying out the 27 provisions of this section. 28 5. To the extent of legislative appropriation, the Office of the 29 Attorney General shall: 30 (a) Review the use-of-force data that is publicly available on the 31 Internet website of the Central Repository; 32 (b) Prepare a report containing any conclusions or 33 recommendations resulting from its review; and 34 (c) On or before December 1 of each year, submit to the 35 Governor , the Joint Interim Standing Committee on the Judiciary 36 and [to] the Director of the Legislative Counsel Bureau for 37 transmittal to the Legislature the report prepared pursuant to 38 paragraph (b). 39 6. Each law enforcement agency in this State shall participate 40 in the National Use-of-Force Data Collection of the Federal Bureau 41 of Investigation. 42 7. Information collected pursuant to this section must not be 43 introduced into evidence or otherwise used in any way against a 44 peace officer during a criminal proceeding. 45 – 21 – - *SB226* 8. As used in this section: 1 (a) “Central Repository” means the Central Repository for 2 Nevada Records of Criminal History. 3 (b) “Law enforcement agency” means: 4 (1) The sheriff’s office of a county; 5 (2) A metropolitan police department; 6 (3) A police department of an incorporated city; 7 (4) The Department of Corrections; 8 (5) The police department for the Nevada System of Higher 9 Education; 10 (6) Any political subdivision of this State employing park 11 rangers to enforce laws within its jurisdiction; or 12 (7) Any political subdivision of this State which has as its 13 primary duty the enforcement of law and which employs peace 14 officers to fulfill its duty. 15 Sec. 23. NRS 209.192 is hereby amended to read as follows: 16 209.192 1. There is hereby created in the State Treasury a 17 Fund for New Construction of Facilities for Prison Industries as a 18 capital projects fund. The Director shall deposit in the Fund the 19 deductions made pursuant to subparagraph (3) of paragraph (a) of 20 subsection 3 or subparagraph (2) of paragraph (a) of subsection 4 of 21 NRS 209.463. The money in the Fund must only be expended: 22 (a) To house new industries or expand existing industries in the 23 industrial program to provide additional employment of offenders; 24 (b) To relocate, expand, upgrade or modify an existing industry 25 in the industrial program to enhance or improve operations or 26 security or to provide additional employment or training of 27 offenders; 28 (c) To purchase or lease equipment to be used for the training of 29 offenders or in the operations of prison industries; 30 (d) To pay or fund the operations of prison industries, including, 31 without limitation, paying the salaries of staff and wages of 32 offenders if the cash balance in the Fund for Prison Industries is 33 below the average monthly expenses for the operation of prison 34 industries; 35 (e) To advertise and promote the goods produced and services 36 provided by prison industries; or 37 (f) For any other purpose authorized by the Legislature. 38 2. Before money in the Fund may be expended , [: 39 (a) As described in paragraphs (b) to (e), inclusive, of subsection 40 1, the Director shall submit a proposal for the expenditure to the 41 Joint Interim Standing Committee on the Judiciary and the State 42 Board of Examiners. 43 (b) For construction,] the Director shall submit a proposal for 44 the expenditure to the State Board of Examiners. 45 – 22 – - *SB226* 3. Upon making a determination that the proposed expenditure 1 is appropriate and necessary, the State Board of Examiners shall 2 recommend to the Interim Finance Committee, or the Senate 3 Standing Committee on Finance and the Assembly Standing 4 Committee on Ways and Means when the Legislature is in general 5 session, that the expenditure be approved. Upon approval of the 6 appropriate committee or committees, the money may be so 7 expended. 8 4. If any money in the Fund is used as described in paragraph 9 (d) of subsection 1, the Director shall repay the amount used as soon 10 as sufficient money is available in the Fund for Prison Industries. 11 5. The interest and income earned on the money in the Fund, 12 after deducting any applicable charges, must be credited to the 13 Fund. 14 6. As used in this section, “Fund” means Fund for New 15 Construction of Facilities for Prison Industries. 16 Sec. 24. NRS 209.461 is hereby amended to read as follows: 17 209.461 1. The Director shall: 18 (a) To the greatest extent possible, approximate the normal 19 conditions of training and employment in the community. 20 (b) Except as otherwise provided in this section, to the extent 21 practicable, require each offender, except those whose behavior is 22 found by the Director to preclude participation, to spend 40 hours 23 each week in vocational training or employment, unless excused for 24 a medical reason or to attend educational classes in accordance with 25 NRS 209.396. The Director shall require as a condition of 26 employment that an offender sign an authorization for the 27 deductions from his or her wages made pursuant to NRS 209.463. 28 Authorization to make the deductions pursuant to NRS 209.463 is 29 implied from the employment of an offender and a signed 30 authorization from the offender is not required for the Director to 31 make the deductions pursuant to NRS 209.463. 32 (c) Use the earnings from services and manufacturing conducted 33 by the institutions and the money paid by private employers who 34 employ the offenders to offset the costs of operating the prison 35 system and to provide wages for the offenders being trained or 36 employed. 37 (d) Provide equipment, space and management for services and 38 manufacturing by offenders. 39 (e) Employ craftsmen and other personnel to supervise and 40 instruct offenders. 41 (f) Contract with governmental agencies and private employers 42 for the employment of offenders, including their employment on 43 public works projects under contracts with the State and with local 44 governments. 45 – 23 – - *SB226* (g) Contract for the use of offenders’ services and for the sale of 1 goods manufactured by offenders. 2 (h) On or before January 1, 2014, and every 5 years thereafter, 3 submit a report to the Director of the Legislative Counsel Bureau for 4 distribution to the Joint Interim Standing Committee on the 5 Judiciary. The report must include, without limitation, an analysis of 6 existing contracts with private employers for the employment of 7 offenders and the potential impact of those contracts on private 8 industry in this State. 9 (i) Submit a report to each meeting of the Interim Finance 10 Committee identifying any accounts receivable related to a program 11 for the employment of offenders. 12 2. Every program for the employment of offenders established 13 by the Director must: 14 (a) Employ the maximum number of offenders possible; 15 (b) Except as otherwise provided in NRS 209.192, provide for 16 the use of money produced by the program to reduce the cost of 17 maintaining the offenders in the institutions; 18 (c) Have an insignificant effect on the number of jobs available 19 to the residents of this State; and 20 (d) Provide occupational training for offenders. 21 3. An offender may not engage in vocational training, 22 employment or a business that requires or permits the offender to: 23 (a) Telemarket or conduct opinion polls by telephone; or 24 (b) Acquire, review, use or have control over or access to 25 personal information concerning any person who is not incarcerated. 26 4. Each fiscal year, the cumulative profits and losses, if any, of 27 the programs for the employment of offenders established by the 28 Director must result in a profit for the Department. The following 29 must not be included in determining whether there is a profit for the 30 Department: 31 (a) Fees credited to the Fund for Prison Industries pursuant to 32 NRS 482.268, any revenue collected by the Department for the 33 leasing of space, facilities or equipment within the institutions or 34 facilities of the Department, and any interest or income earned on 35 the money in the Fund for Prison Industries. 36 (b) The selling expenses of the Central Administrative Office of 37 the programs for the employment of offenders. As used in this 38 paragraph, “selling expenses” means delivery expenses, salaries of 39 sales personnel and related payroll taxes and costs, the costs of 40 advertising and the costs of display models. 41 (c) The general and administrative expenses of the Central 42 Administrative Office of the programs for the employment of 43 offenders. As used in this paragraph, “general and administrative 44 expenses” means the salary of the Deputy Director of Industrial 45 – 24 – - *SB226* Programs and the salaries of any other personnel of the Central 1 Administrative Office and related payroll taxes and costs, the costs 2 of telephone usage, and the costs of office supplies used and postage 3 used. 4 5. If any state-sponsored program incurs a net loss for 2 5 consecutive fiscal years, the Director shall appear before the [Joint 6 Interim Standing Committee on the Judiciary] Interim Finance 7 Committee to explain the reasons for the net loss and provide a plan 8 for the generation of a profit in the next fiscal year. If the program 9 does not generate a profit in the third fiscal year, the Director shall 10 take appropriate steps to resolve the issue. 11 6. Except as otherwise provided in subsection 3, the Director 12 may, with the approval of the Board: 13 (a) Lease spaces and facilities within any institution of the 14 Department to private employers to be used for the vocational 15 training and employment of offenders. 16 (b) Grant to reliable offenders the privilege of leaving 17 institutions or facilities of the Department at certain times for the 18 purpose of vocational training or employment. 19 7. Before entering into any contract with a private employer for 20 the employment of offenders pursuant to subsection 1, the Director 21 shall obtain from the private employer: 22 (a) A personal guarantee to secure an amount fixed by the 23 Director of: 24 (1) For a contract that does not relate to construction, not less 25 than 25 percent of the prorated annual amount of the contract but 26 not more than 100 percent of the prorated annual amount of the 27 contract, a surety bond made payable to the State of Nevada in an 28 amount fixed by the Director of not less than 25 percent of the 29 prorated annual amount of the contract but not more than 100 30 percent of the prorated annual amount of the contract and 31 conditioned upon the faithful performance of the contract in 32 accordance with the terms and conditions of the contract; or 33 (2) For a contract that relates to construction, not less than 34 100 percent of the prorated annual amount of the contract, a surety 35 bond made payable to the State of Nevada in an amount fixed by the 36 Director of not less than 100 percent of the prorated annual amount 37 of the contract and conditioned upon the faithful performance of the 38 contract in accordance with the terms and conditions of the contract, 39 or a security agreement to secure any debt, obligation or other 40 liability of the private employer under the contract, including, 41 without limitation, lease payments, wages earned by offenders and 42 compensation earned by personnel of the Department. The Director 43 shall appear before the [Joint Interim Standing Committee on the 44 Judiciary] Interim Finance Committee to explain the reasons for 45 – 25 – - *SB226* the amount fixed by the Director for any personal guarantee or 1 surety bond. 2 (b) A detailed written analysis on the estimated impact of the 3 contract on private industry in this State. The written analysis must 4 include, without limitation: 5 (1) The number of private companies in this State currently 6 providing the types of products and services offered in the proposed 7 contract. 8 (2) The number of residents of this State currently employed 9 by such private companies. 10 (3) The number of offenders that would be employed under 11 the contract. 12 (4) The skills that the offenders would acquire under the 13 contract. 14 8. The provisions of this chapter do not create a right on behalf 15 of the offender to employment or to receive the federal or state 16 minimum wage for any employment and do not establish a basis for 17 any cause of action against the State or its officers or employees for 18 employment of an offender or for payment of the federal or state 19 minimum wage to an offender. 20 9. As used in this section, “state-sponsored program” means a 21 program for the vocational training or employment of offenders 22 which does not include a contract of employment with a private 23 employer. 24 Sec. 25. NRS 209.4818 is hereby amended to read as follows: 25 209.4818 1. The [Joint Interim Standing Committee on the 26 Judiciary] Interim Finance Committee shall: 27 (a) Be informed on issues and developments relating to 28 industrial programs for correctional institutions; 29 (b) [Submit a semiannual report to the Interim Finance 30 Committee before July 1 and December 1 of each year on the status 31 of current and proposed industrial programs for correctional 32 institutions; 33 (c)] Report to the Legislature on any [other] matter relating to 34 industrial programs for correctional institutions that it deems 35 appropriate; 36 [(d)] (c) Recommend three persons to the Director for 37 appointment as the Deputy Director for Industrial Programs 38 whenever a vacancy exists; 39 [(e)] (d) Before any new industrial program is established by 40 the Director, review the proposed program for compliance with the 41 requirements of subsections 2, 3, 4 and 7 of NRS 209.461 and 42 submit to the Director its recommendations concerning the proposed 43 program; and 44 – 26 – - *SB226* [(f)] (e) Review each state-sponsored industry program 1 established pursuant to subsection 2 of NRS 209.461 to determine 2 whether the program is operating profitably. If the Committee 3 determines that a program has incurred a net loss in 3 consecutive 4 fiscal years, the Committee shall report its finding to the Director 5 with a recommendation regarding whether the program should be 6 continued or terminated. If the Director does not accept the 7 recommendation of the Committee, the Director shall submit a 8 written report to the Committee setting forth his or her reasons for 9 rejecting the recommendation. 10 2. Upon the request of the [Joint Interim Standing Committee 11 on the Judiciary,] Interim Finance Committee, the Director and the 12 Deputy Director for Industrial Programs shall provide to the 13 Committee any information that the Committee determines is 14 relevant to the performance of the duties of the Committee. 15 3. As used in this section, “state-sponsored industry program” 16 means a program for the vocational training or employment of 17 offenders which does not include a contract of employment with a 18 private employer. 19 Sec. 26. Chapter 232B of NRS is hereby amended by adding 20 thereto a new section to read as follows: 21 As used in this section and NRS 232B.210 to 232B.240, 22 inclusive, unless the context otherwise requires, “Sunset 23 Committee” or “Committee” means the Sunset Committee of the 24 Legislature created by NRS 232B.210. 25 Sec. 27. NRS 232B.210 is hereby amended to read as follows: 26 232B.210 1. The Sunset [Subcommittee of the Legislative 27 Commission, consisting of nine members,] Committee of the 28 Legislature is hereby created. 29 2. The [membership of the Sunset Subcommittee] Committee 30 consists of [: 31 (a) Three voting members of the Legislature appointed by the 32 Majority Leader of the Senate, at least one of whom must be a 33 member of the minority political party; 34 (b) Three voting members of the Legislature appointed by the 35 Speaker of the Assembly, at least one of whom must be a member 36 of the minority political party; and 37 (c) Three nonvoting members of the general public appointed by 38 the Chair of the Legislative Commission from among the names of 39 nominees submitted by the Governor pursuant to subsection 2. 40 2. The Governor shall, at least 30 days before the beginning of 41 the term of any member appointed pursuant to paragraph (c) of 42 subsection 1, or within 30 days after such a position on the Sunset 43 Subcommittee becomes vacant, submit to the Legislative 44 Commission the names of at least three persons qualified for 45 – 27 – - *SB226* membership on the Sunset Subcommittee. The Chair of the 1 Legislative Commission shall appoint a new member or fill the 2 vacancy from the list, or request a new list. The Chair of 3 the Legislative Commission may appoint any qualified person who 4 is a resident of this State to a position described in paragraph (c) of 5 subsection 1. 6 3. Each member of the Sunset Subcommittee serves at the 7 pleasure of the appointing authority. 8 4. The voting members of the Sunset Subcommittee shall elect 9 a Chair from one House of the Legislature and a Vice Chair from 10 the other House. Each Chair and Vice Chair holds office for a term 11 of 2 years commencing on July 1 of each odd-numbered year. If a 12 vacancy occurs in the office of Chair or Vice Chair, the vacancy 13 must be filled in the same manner as the original selection for the 14 remainder of the unexpired term. 15 5. The membership of any member of the Sunset 16 Subcommittee who is a Legislator and who is not a candidate for 17 reelection or who is defeated for reelection terminates on the day 18 next after the general election. 19 6. A vacancy on the Sunset Subcommittee must be filled in the 20 same manner as the original appointment. 21 7. The Sunset Subcommittee shall meet at the times and places 22 specified by a call of the Chair. Four voting members of the Sunset 23 Subcommittee constitute a quorum, and a quorum may exercise any 24 power or authority conferred on the Sunset Subcommittee. 25 8. For each day or portion of a day during which a member of 26 the Sunset Subcommittee who is a Legislator attends a meeting of 27 the Sunset Subcommittee or is otherwise engaged in the business 28 of the Sunset Subcommittee, except during a regular or special 29 session of the Legislature, the Legislator is entitled to receive the: 30 (a) Compensation provided for a majority of the members of the 31 Legislature during the first 60 days of the preceding regular session; 32 (b) Per diem allowance provided for state officers generally; and 33 (c) Travel expenses provided pursuant to NRS 218A.655. 34 The compensation, per diem allowances and travel expenses of 35 the members of the Sunset Subcommittee who are Legislators must 36 be paid from the Legislative Fund. 37 9. While engaged in the business of the Sunset Subcommittee, 38 the members of the Subcommittee who are not Legislators are 39 entitled to receive the per diem allowance and travel expenses 40 provided for state officers and employees generally.] eight regular 41 members and five alternate members who are appointed in the 42 same manner as the members of a Joint Interim Standing 43 Committee pursuant to NRS 218E.320. 44 – 28 – - *SB226* 3. Except as otherwise provided in this section, the provisions 1 of NRS 218E.320, 218E.325 and 218E.330: 2 (a) Apply to the Committee in the same manner as a Joint 3 Interim Standing Committee, including, without limitation, 4 providing the Committee with any powers, privileges and 5 immunities set forth in those provisions; and 6 (b) Control the Committee’s formation, organization and 7 operations, including, without limitation, its membership, officers, 8 management, government, budget, compensation, allowances, 9 expenses, meetings and proceedings, but the Committee shall not 10 be deemed a Joint Interim Standing Committee for the purposes of 11 the number of requests that it may submit for the drafting of 12 legislative measures pursuant to NRS 218D.160. 13 4. If there is a conflict between the provisions of NRS 14 218E.320, 218E.325 and 218E.330 and the provisions of a specific 15 statute that applies to the Committee, the provisions of the specific 16 statute control. 17 Sec. 28. NRS 232B.220 is hereby amended to read as follows: 18 232B.220 1. The Sunset [Subcommittee of the Legislative 19 Commission] Committee shall conduct a review of each board and 20 commission in this State which is not provided for in the Nevada 21 Constitution or established by an executive order of the Governor to 22 determine whether the board or commission should be terminated, 23 modified, consolidated with another board or commission or 24 continued. Such a review must include, without limitation: 25 (a) An evaluation of the major policies and programs of the 26 board or commission, including, without limitation, an examination 27 of other programs or services offered in this State to determine if 28 any other provided programs or services duplicate those offered by 29 the board or commission; 30 (b) Any recommendations for improvements in the policies and 31 programs offered by the board or commission; and 32 (c) A determination of whether any statutory tax exemptions, 33 abatements or money set aside to be provided to the board or 34 commission should be terminated, modified or continued. 35 2. The [Sunset Subcommittee] Committee shall review not less 36 than 10 boards and commissions specified in subsection 1 during 37 each legislative interim. 38 3. Any action taken by the [Sunset Subcommittee] Committee 39 concerning a board or commission pursuant to NRS 232B.210 to 40 [232B.250,] 232B.240, inclusive, and section 26 of this act is in 41 addition or supplemental to any action taken by the Legislative 42 Commission pursuant to NRS 232B.010 to 232B.100, inclusive. 43 – 29 – - *SB226* Sec. 29. NRS 232B.230 is hereby amended to read as follows: 1 232B.230 1. Each board and commission subject to review 2 by the Sunset [Subcommittee of the Legislative Commission] 3 Committee shall submit information to the [Sunset Subcommittee] 4 Committee on a form prescribed by the [Sunset Subcommittee.] 5 Committee. The information must include, without limitation: 6 (a) The name of the board or commission; 7 (b) The name of each member of the board or commission; 8 (c) The address of the Internet website established and 9 maintained by the board or commission, if any; 10 (d) The name and contact information of the executive director 11 of the board or commission, if any; 12 (e) A list of the members of the staff of the board or 13 commission; 14 (f) The authority by which the board or commission was 15 created; 16 (g) The governing structure of the board or commission, 17 including, without limitation, information concerning the method, 18 terms, qualifications and conditions of appointment and removal of 19 the members of the board or commission; 20 (h) The duties of the board or commission; 21 (i) The operating budget of the board or commission; 22 (j) A statement setting forth the income and expenses of the 23 board or commission for at least 3 years immediately preceding the 24 date on which the board or commission submits the form required 25 by this subsection, including the balances of any fund or account 26 maintained by or on behalf of the board or commission; 27 (k) The most recent audit conducted of the board or 28 commission, if any; 29 (l) The dates of the immediately preceding six meetings held by 30 the board or commission; 31 (m) A statement of the objectives and programs of the board or 32 commission; 33 (n) A conclusion concerning the effectiveness of the objectives 34 and programs of the board or commission; 35 (o) Any recommendations for statutory changes which are 36 necessary for the board or commission to carry out its objectives and 37 programs; and 38 (p) Such other information as the [Sunset Subcommittee] 39 Committee may require. 40 2. The [Sunset Subcommittee] Committee may direct the 41 Legislative Counsel Bureau to assist in its research, investigations, 42 review and analysis of the information submitted by each board and 43 commission pursuant to subsection 1. 44 – 30 – - *SB226* Sec. 30. NRS 232B.235 is hereby amended to read as follows: 1 232B.235 1. At any time during a legislative interim, if the 2 Sunset [Subcommittee of the Legislative Commission] Committee 3 determines that a board or commission subject to its review [by the 4 Sunset Subcommittee] should be audited, the [Sunset 5 Subcommittee] Committee shall make such a recommendation to 6 the Legislative Commission. The [Sunset Subcommittee] 7 Committee shall include with its recommendation a summary of the 8 justification for the recommendation. 9 2. After receiving a recommendation from the [Sunset 10 Subcommittee] Committee pursuant to subsection 1, the Legislative 11 Commission shall evaluate the recommendation and determine 12 whether to direct the Legislative Auditor to perform an audit of the 13 board or commission pursuant to NRS 218G.120. In making its 14 determination, the Legislative Commission shall consider the 15 current workload of the Audit Division of the Legislative Counsel 16 Bureau. 17 3. The Legislative Auditor shall not perform more than four 18 audits directed by the Legislative Commission pursuant to this 19 section during a legislative interim. 20 Sec. 31. NRS 232B.237 is hereby amended to read as follows: 21 232B.237 1. The Sunset [Subcommittee of the Legislative 22 Commission] Committee shall conduct a review of each 23 professional or occupational licensing board and regulatory body in 24 this State to determine whether the restrictions on the criminal 25 history of an applicant for an occupational or professional license 26 are appropriate. 27 2. Each professional or occupational licensing board and 28 regulatory body subject to review pursuant to subsection 1 must 29 submit information to the [Sunset Subcommittee] Committee on a 30 form prescribed by the [Sunset Subcommittee.] Committee. The 31 information must include, without limitation: 32 (a) The number of petitions submitted to a professional or 33 occupational licensing board and regulatory body pursuant to NRS 34 1.545, 240A.275, 244.33504, 361.2212, 379.00785, 435.3395, 35 445B.7776, 449.03008, 449.4316, 450B.169, 455C.125, 457.1825, 36 458.0258, 477.2233, 482.163, 487.006, 489.298, 490.195, 502.375, 37 503.5831, 504.391, 505.013, 534.1405, 544.147, 555.305, 557.225, 38 576.037, 581.1033, 582.035, 584.2165, 587.014, 599A.057, 39 599B.127, 618.357, 622.085, 678B.630 and 706.4626; 40 (b) The number of determinations of disqualification made by 41 the professional or occupational licensing board and regulatory body 42 pursuant to NRS 1.545, 240A.275, 244.33504, 361.2212, 43 379.00785, 435.3395, 445B.7776, 449.03008, 449.4316, 450B.169, 44 455C.125, 457.1825, 458.0258, 477.2233, 482.163, 487.006, 45 – 31 – - *SB226* 489.298, 490.195, 502.375, 503.5831, 504.391, 505.013, 534.1405, 1 544.147, 555.305, 557.225, 576.037, 581.1033, 582.035, 584.2165, 2 587.014, 599A.057, 599B.127, 618.357, 622.085, 678B.630 and 3 706.4626; and 4 (c) The reasons for such determinations of disqualification. 5 3. As used in this section, “regulatory body” has the meaning 6 ascribed to it in NRS 622.060. 7 Sec. 32. NRS 232B.240 is hereby amended to read as follows: 8 232B.240 1. The Sunset [Subcommittee of the Legislative 9 Commission] Committee shall conduct public hearings for the 10 purpose of obtaining comments on, and may require the Legislative 11 Counsel Bureau to submit reports on, the need for the termination, 12 modification, consolidation or continued operation of a board or 13 commission. 14 2. The [Sunset Subcommittee] Committee shall consider any 15 report submitted to it by the Legislative Counsel Bureau. 16 3. The Committee may exercise any of the investigative 17 powers set forth in NRS 218E.105 to 218E.140, inclusive. 18 4. A board or commission has the burden of proving that there 19 is a public need for its continued existence. 20 Sec. 33. NRS 233B.063 is hereby amended to read as follows: 21 233B.063 1. An agency that intends to adopt, amend or 22 repeal a permanent regulation must deliver to the Legislative 23 Counsel a copy of the proposed regulation. The Legislative Counsel 24 shall examine and if appropriate revise the language submitted so 25 that it is clear, concise and suitable for incorporation in the Nevada 26 Administrative Code, but shall not alter the meaning or effect 27 without the consent of the agency. 28 2. Unless the proposed regulation is submitted to the 29 Legislative Counsel between July 1 of an even-numbered year and 30 July 1 of the succeeding odd-numbered year, the Legislative 31 Counsel shall deliver the approved or revised text of the regulation 32 within 30 days after it is submitted to the Legislative Counsel. If the 33 proposed or revised text of a regulation is changed before adoption, 34 the agency shall submit the changed text to the Legislative Counsel, 35 who shall examine and revise it if appropriate pursuant to the 36 standards of subsection 1. Unless it is submitted between July 1 of 37 an even-numbered year and July 1 of the succeeding odd-numbered 38 year, the Legislative Counsel shall return it with any appropriate 39 revisions within 30 days. [If the agency is a licensing board as 40 defined in NRS 439B.225 and the proposed regulation relates to 41 standards for the issuance or renewal of licenses, permits or 42 certificates of registration issued to a person or facility regulated by 43 the agency, the Legislative Counsel shall also deliver one copy of 44 – 32 – - *SB226* the approved or revised text of the regulation to the Joint Interim 1 Standing Committee on Health and Human Services.] 2 3. An agency may adopt a temporary regulation between 3 August 1 of an even-numbered year and July 1 of the succeeding 4 odd-numbered year without following the procedure required by this 5 section and NRS 233B.064, but any such regulation expires by 6 limitation on November 1 of the odd -numbered year. A 7 substantively identical permanent regulation may be subsequently 8 adopted. 9 4. An agency may amend or suspend a permanent regulation 10 between August 1 of an even-numbered year and July 1 of the 11 succeeding odd-numbered year by adopting a temporary regulation 12 in the same manner and subject to the same provisions as prescribed 13 in subsection 3. 14 Sec. 34. NRS 233B.070 is hereby amended to read as follows: 15 233B.070 1. A permanent regulation becomes effective when 16 the Legislative Counsel files with the Secretary of State the original 17 of the final draft or revision of a regulation, except as otherwise 18 provided in NRS 293.247 or where a later date is specified in the 19 regulation. 20 2. Except as otherwise provided in NRS 233B.0633, an agency 21 that has adopted a temporary regulation may not file the temporary 22 regulation with the Secretary of State until 35 days after the date on 23 which the temporary regulation was adopted by the agency. A 24 temporary regulation becomes effective when the agency files with 25 the Secretary of State the original of the final draft or revision of the 26 regulation, together with the informational statement prepared 27 pursuant to NRS 233B.066. The agency shall also file a copy of the 28 temporary regulation with the Legislative Counsel, together with the 29 informational statement prepared pursuant to NRS 233B.066. 30 3. An emergency regulation becomes effective when the 31 agency files with the Secretary of State the original of the final draft 32 or revision of an emergency regulation, together with the 33 informational statement prepared pursuant to NRS 233B.066. The 34 agency shall also file a copy of the emergency regulation with the 35 Legislative Counsel, together with the informational statement 36 prepared pursuant to NRS 233B.066. 37 4. The Secretary of State shall maintain the original of the final 38 draft or revision of each regulation in a permanent file to be used 39 only for the preparation of official copies. 40 5. The Secretary of State shall file, with the original of each 41 agency’s rules of practice, the current statement of the agency 42 concerning the date and results of its most recent review of those 43 rules. 44 – 33 – - *SB226* 6. Immediately after each permanent or temporary regulation is 1 filed, the agency shall deliver one copy of the final draft or revision, 2 bearing the stamp of the Secretary of State indicating that it has 3 been filed, including material adopted by reference which is not 4 already filed with the State Library, Archives and Public Records 5 Administrator, to the State Library, Archives and Public Records 6 Administrator for use by the public. [If the agency is a licensing 7 board as defined in NRS 439B.225 and it has adopted a permanent 8 regulation relating to standards for the issuance or renewal of 9 licenses, permits or certificates of registration issued to a person or 10 facility regulated by the agency, the agency shall also deliver one 11 copy of the regulation, bearing the stamp of the Secretary of State, 12 to the Joint Interim Standing Committee on Health and Human 13 Services within 10 days after the regulation is filed with the 14 Secretary of State.] 15 7. Each agency shall furnish a copy of all or part of that part of 16 the Nevada Administrative Code which contains its regulations, to 17 any person who requests a copy, and may charge a reasonable fee 18 for the copy based on the cost of reproduction if it does not have 19 money appropriated or authorized for that purpose. 20 8. An agency which publishes any regulations included in the 21 Nevada Administrative Code shall use the exact text of the 22 regulation as it appears in the Nevada Administrative Code, 23 including the leadlines and numbers of the sections. Any other 24 material which an agency includes in a publication with its 25 regulations must be presented in a form which clearly distinguishes 26 that material from the regulations. 27 Sec. 35. NRS 321.7355 is hereby amended to read as follows: 28 321.7355 1. The State Land Use Planning Agency may 29 prepare, in cooperation with appropriate federal and state agencies 30 and local governments throughout the State, plans or statements of 31 policy concerning the administration of lands in the State of Nevada 32 that are under federal management. The plans or statements of 33 policy must not include matters concerning zoning or the division of 34 land and must be consistent with local plans and regulations 35 concerning the use of private property. 36 2. The State Land Use Planning Agency shall: 37 (a) Encourage public comment upon the various matters treated 38 in a proposed plan or statement of policy throughout its preparation 39 and incorporate such comments into the proposed plan or statement 40 of policy as are appropriate; 41 (b) Submit its work on a plan or statement of policy periodically 42 for review and comment by the Land Use Planning Advisory 43 Council and [the Subcommittee on Public Lands of] the Joint 44 – 34 – - *SB226* Interim Standing Committee on Natural Resources [;] and Public 1 Lands; and 2 (c) Provide written responses to written comments received 3 from a county or city upon the various matters treated in a proposed 4 plan or statement of policy. 5 3. Whenever the State Land Use Planning Agency prepares 6 plans or statements of policy pursuant to subsection 1 and submits 7 those plans or statements of policy to the Governor, the Legislature, 8 [the Subcommittee on Public Lands of] the Joint Interim Standing 9 Committee on Natural Resources and Public Lands or an agency of 10 the Federal Government, the State Land Use Planning Agency shall 11 include with each plan or statement of policy the comments and 12 recommendations of: 13 (a) The Land Use Planning Advisory Council; and 14 (b) The [Subcommittee on Public Lands of the] Joint Interim 15 Standing Committee on Natural Resources [.] and Public Lands. 16 4. A plan or statement of policy must be approved by the 17 governing bodies of the county and cities affected by it before it is 18 put into effect. 19 Sec. 36. NRS 332.215 is hereby amended to read as follows: 20 332.215 1. Each county of this state whose population is 21 100,000 or more, must be a member of the Commission to Study 22 Governmental Purchasing which is composed of all purchasing 23 agents of the local governments within those counties. Each county 24 whose population is less than 100,000 may participate as a voting 25 member of the Commission. The members shall select a Chair from 26 among their number. 27 2. The Commission shall meet no less than quarterly or at the 28 call of the Chair to study practices in governmental purchasing and 29 laws relating thereto and shall make recommendations with respect 30 to those laws to the next regular session of the Legislature. 31 3. On or before July 1 of each even-numbered year, the 32 Commission shall submit a written report to the Joint Interim 33 Standing Committee on [Legislative Operations and Elections] 34 Government Affairs that includes any recommendations of the 35 Commission for legislation relating to governmental purchasing. 36 Sec. 37. NRS 388.887 is hereby amended to read as follows: 37 388.887 1. The State Board shall create a subcommittee to 38 review and make recommendations on the manner in which to 39 provide age-appropriate and historically accurate instruction about 40 the Holocaust and other genocides, such as the Armenian, 41 Cambodian, Darfur, Guatemalan and Rwandan genocides, in social 42 studies and language arts courses of study. 43 – 35 – - *SB226* 2. The review conducted and any recommendations made by 1 the subcommittee pursuant to this section must include, without 2 limitation: 3 (a) The manner in which to modify the curricula of relevant 4 courses in social studies and language arts to include the instruction 5 described in this section; 6 (b) An inventory of available classroom resources for educators 7 to meet the requirements of this section; 8 (c) The professional development that may be necessary or 9 appropriate for a teacher who provides the instruction described in 10 this section; and 11 (d) Consideration of any similar instruction provided in another 12 state or school district. 13 3. The subcommittee shall link current standards with 14 community resources that may assist in the implementation of the 15 instruction described in subsection 1. The subcommittee shall 16 review the manner in which the current standards support 17 comprehensive education regarding the Holocaust and other 18 genocides, such as the Armenian, Cambodian, Darfur, Guatemalan 19 and Rwandan genocides, including, without limitation, by: 20 (a) Preparing pupils to confront the immorality of the Holocaust, 21 other genocides, such as the Armenian, Cambodian, Darfur, 22 Guatemalan and Rwandan genocides, and other acts of mass 23 violence and to reflect on the causes of related historical events; 24 (b) Addressing the breadth of the history of the Holocaust, 25 including, without limitation, the dictatorship of the Third Reich, the 26 system of concentration camps, the persecution of both Jewish and 27 non-Jewish people, the resistance to the Third Reich and the 28 Holocaust by both Jewish and non-Jewish people and the various 29 trials that occurred after the end of World War II; 30 (c) Developing the respect of pupils for cultural diversity and 31 helping pupils to gain insight into the importance of international 32 human rights for all people; 33 (d) Promoting the understanding of pupils of how the Holocaust 34 contributed to the need for the term “genocide” and led to 35 international legislation that recognized genocide as a crime; 36 (e) Communicating the impact of personal responsibility, civic 37 engagement and societal responsiveness; 38 (f) Stimulating the reflection of pupils on the role and 39 responsibility of citizens in democratic societies to combat 40 misinformation, indifference and discrimination through the 41 development of critical thinking skills and through tools of 42 resistance such as protest, reform and celebration; 43 (g) Providing pupils with opportunities to contextualize and 44 analyze patterns of human behavior by persons and groups who 45 – 36 – - *SB226* belong in one or more categories, including, without limitation, 1 perpetrator, collaborator, bystander, victim and rescuer; 2 (h) Enabling pupils to understand the ramifications of prejudice, 3 racism and stereotyping; 4 (i) Preserving the memories of survivors of genocide and 5 providing opportunities for pupils to discuss and honor the cultural 6 legacies of survivors; 7 (j) Providing pupils with a foundation for examining the history 8 of discrimination in this State; 9 (k) Including in curricula the use of personal narratives and 10 multimedia primary source materials, which may include, without 11 limitation, video testimony, photographs, artwork, diary entries, 12 letters, government documents, maps and poems; and 13 (l) Exploring the various mechanisms of transitional and 14 restorative justice that help humanity move forward in the aftermath 15 of genocide. 16 4. The subcommittee must be composed of the Superintendent 17 of Public Instruction, or his or her designee, and the following 18 members appointed by the Superintendent: 19 (a) Three members representing the Governor’s Advisory 20 Council on Education Relating to the Holocaust created by 21 NRS 233G.020; 22 (b) Three members representing nonprofit organizations that 23 have developed curricula regarding the Holocaust for use in public 24 schools; 25 (c) At least one member representing a school district in which 26 60,000 or more pupils are enrolled; 27 (d) At least one member representing a school district in which 28 fewer than 60,000 pupils are enrolled; 29 (e) At least one member representing a charter school located in 30 this State; 31 (f) At least one member representing nonprofit organizations 32 that have developed curricula for use in public schools regarding the 33 Armenian genocide; and 34 (g) At least one member representing nonprofit organizations 35 that have developed curricula for use in public schools regarding 36 genocides other than the Holocaust and the Armenian genocide. 37 5. On or before [October] July 1 of each even-numbered year, 38 the State Board shall report its findings and any recommendations to 39 the Joint Interim Standing Committee on Education, including, 40 without limitation, any recommendations made by the subcommittee 41 pursuant to subsection 1, as well as any actions the State Board has 42 taken or intends to take to include the instruction in the relevant 43 courses pursuant to subsection 2. 44 – 37 – - *SB226* 6. On or before [February 1] August 31 of each [odd-1 numbered] even-numbered year, the Joint Interim Standing 2 Committee on Education shall consider the report submitted by the 3 State Board and prepare and submit a written report to the Director 4 of the Legislative Counsel Bureau for transmittal to the Legislature 5 concerning the Committee’s consideration of the matters described 6 in this section and any recommendations for legislation to ensure the 7 instruction described in this section is included in the curricula for 8 the relevant courses. 9 7. As used in this section: 10 (a) “Genocide” means any of the following acts committed with 11 intent to destroy, in whole or in part, a national, ethnic, racial or 12 religious group and includes, without limitation, genocides and 13 other acts of mass atrocities identified by the United States 14 Holocaust Memorial Museum: 15 (1) Killing members of the group; 16 (2) Causing serious bodily or mental harm to members of the 17 group; 18 (3) Deliberately inflicting on the group conditions of life 19 calculated to bring about its physical destruction in whole or in part; 20 (4) Imposing measures intended to prevent births within the 21 group; and 22 (5) Forcibly transferring children of the group to another 23 group. 24 (b) “Holocaust” means the systematic, bureaucratic, state-25 sponsored persecution and murder of approximately 6,000,000 26 Jewish persons and 5,000,000 other persons by the Nazi regime and 27 its collaborators. 28 Sec. 38. NRS 391.494 is hereby amended to read as follows: 29 391.494 1. Each member of the Task Force must: 30 (a) Be a licensed teacher or an education support professional 31 with at least 5 consecutive years of experience teaching or serving 32 as an education support professional, as applicable, in a public 33 school in this State; 34 (b) Be currently employed as a teacher or an education support 35 professional and actively teaching or serving as an education 36 support professional, as applicable, in a public school in this State, 37 and remain employed as a teacher or an education support 38 professional, as applicable, in a public school in this State for the 39 duration of the member’s term; and 40 (c) Not be currently serving on any other education-related 41 board, commission, council, task force or similar governmental 42 entity. 43 – 38 – - *SB226* 2. On or before December 1, 2023, the Department shall 1 prescribe a uniform application for a teacher or an education support 2 professional to use to apply to serve on the Task Force. 3 3. A teacher or an education support professional who wishes 4 to serve on the Task Force must submit an application prescribed 5 pursuant to subsection 2 to the Joint Interim Standing Committee on 6 Education on or before [January 15] December 1 of an [even-7 numbered] odd-numbered year. On or before February 15 of each 8 even-numbered year, the Joint Interim Standing Committee on 9 Education shall select one or more teachers or education support 10 professionals, as applicable, to serve as a member of the Task Force. 11 Sec. 39. NRS 449.242 is hereby amended to read as follows: 12 449.242 1. Except as otherwise provided in subsection 4, 13 each hospital located in a county whose population is 100,000 or 14 more and which is licensed to have more than 70 beds shall 15 establish a staffing committee to develop a written policy as 16 required pursuant to NRS 449.2423 and a documented staffing plan 17 as required pursuant to NRS 449.2421. Each staffing committee 18 established pursuant to this subsection must consist of: 19 (a) Not less than one-half of the total regular members of the 20 staffing committee from the licensed nursing staff and certified 21 nursing assistants who are providing direct patient care at the 22 hospital. The members described in this paragraph must consist of: 23 (1) One member representing each unit of the hospital who is 24 a licensed nurse who provides direct patient care on that unit, 25 elected by the licensed nursing staff who provide direct patient care 26 on the unit that the member will represent. 27 (2) One member representing each unit of the hospital who is 28 a certified nursing assistant who provides direct patient care on that 29 unit, elected by the certified nursing assistants who provide direct 30 patient care on the unit that the member will represent. 31 (b) Not less than one-half of the total regular members of the 32 staffing committee appointed by the administration of the hospital. 33 (c) One alternate member representing each unit of the hospital 34 who is a licensed nurse or certified nursing assistant who provides 35 direct patient care on that unit, elected by the licensed nursing staff 36 and certified nursing assistants who provide direct patient care on 37 the unit that the member represents. 38 2. Each time a new staffing committee is formed pursuant to 39 subsection 1, the administration of the hospital shall hold an election 40 to select the members described in paragraphs (a) and (c) of 41 subsection 1. Each licensed nurse and certified staffing assistant 42 who provides direct patient care at the hospital must be allowed at 43 least 3 days to vote for: 44 – 39 – - *SB226* (a) The regular member described in paragraph (a) of subsection 1 1 who will represent his or her unit and profession; and 2 (b) The alternate member described in paragraph (c) of 3 subsection 1 who will represent his or her unit. 4 3. If a vacancy occurs in a position on a staffing committee 5 described in paragraph (a) or (c) of subsection 1, a new regular or 6 alternate member, as applicable, must be elected in the same manner 7 as his or her predecessor. 8 4. If a staffing committee is established for a health care 9 facility described in subsection 1 through collective bargaining with 10 an employee organization representing the licensed nursing staff and 11 certified nursing assistants of the health care facility: 12 (a) The health care facility is not required to form a staffing 13 committee pursuant to that subsection; and 14 (b) The staffing committee established pursuant to the collective 15 bargaining agreement shall be deemed to be the staffing committee 16 established for the health care facility pursuant to subsection 1. 17 5. In developing the written policy and the staffing plan, the 18 staffing committee shall consider, without limitation, the 19 information received pursuant to paragraph (b) of subsection 5 of 20 NRS 449.2423 regarding requests to be relieved of a work 21 assignment, refusals of a work assignment and objections to a work 22 assignment. 23 6. The staffing committee of a hospital shall meet at least 24 quarterly. 25 [7. Each hospital that is required to establish a staffing 26 committee pursuant to this section shall prepare a written report 27 concerning the establishment of the staffing committee, the 28 activities and progress of the staffing committee and a determination 29 of the efficacy of the staffing committee. The hospital shall submit 30 the report on or before December 31 of each: 31 (a) Even-numbered year to the Director of the Legislative 32 Counsel Bureau for transmission to the next regular session of the 33 Legislature. 34 (b) Odd-numbered year to the Joint Interim Standing Committee 35 on Health and Human Services.] 36 Sec. 40. NRS 459.0094 is hereby amended to read as follows: 37 459.0094 The Executive Director shall: 38 1. Appoint, with the consent of the Commission, an 39 Administrator of each Division of the Agency. 40 2. Advise the Commission on matters relating to the potential 41 disposal of radioactive waste in this State. 42 3. Evaluate the potentially adverse effects of a facility for the 43 disposal of radioactive waste in this State. 44 – 40 – - *SB226* 4. Consult frequently with local governments and state 1 agencies that may be affected by a facility for the disposal of 2 radioactive waste and appropriate legislative committees. 3 5. Assist local governments in their dealings with the 4 Department of Energy and its contractors on matters relating to 5 radioactive waste. 6 6. Carry out the duties imposed on the State by 42 U.S.C. §§ 7 10101 to 10226, inclusive, as those sections existed on July 1, 1995. 8 7. Cooperate with any governmental agency or other person to 9 carry out the provisions of NRS 459.009 to 459.0098, inclusive. 10 8. Provide semiannual written reports to the Joint Interim 11 Standing Committees on Government Affairs, Growth and 12 Infrastructure, Health and Human Services and Natural Resources 13 [.] and Public Lands. The reports must contain: 14 (a) A summary of the status of the activities undertaken by the 15 Agency since the previous report; 16 (b) A description of all contracts the Agency has with natural 17 persons or organizations, including, but not limited to, the name of 18 the recipient of each contract, the amount of the contract, the duties 19 to be performed under the contract, the manner in which the contract 20 assists the Agency in achieving its goals and responsibilities and the 21 status of the performance of the terms of the contract; 22 (c) The status of any litigation relating to the goals and 23 responsibilities of the Agency to which the State of Nevada is a 24 party; and 25 (d) Any other information requested by any of the Committees. 26 Sec. 41. The provisions of NRS 218D.380 do not apply to any 27 provision of this act which adds or revises a requirement to submit a 28 report to the Legislature. 29 Sec. 42. 1. If the provisions of any other statute or any other 30 act or resolution passed by the Legislature conflict with the 31 provisions of this act because they assign a power, duty or 32 legislative study or investigation to a legislative committee, 33 subcommittee or other body abolished by the provisions of this act 34 or because they require the submission of a report, document or 35 other information to a legislative committee, subcommittee or other 36 body abolished by the provisions of this act: 37 (a) The conflicting provisions of the other statute, act or 38 resolution are superseded and abrogated by the provisions of this 39 act; and 40 (b) The power, duty or legislative study or investigation shall be 41 deemed assigned to, or the report, document or other information 42 shall be deemed required to be submitted to, the appropriate Joint 43 Interim Standing Committee created by NRS 218E.320 which has 44 jurisdiction over the subject matter, except that if the subject matter 45 – 41 – - *SB226* falls within the jurisdiction of more than one Joint Interim Standing 1 Committee, the Legislative Commission shall decide and resolve the 2 matter in a manner that is consistent with the intent of the 3 Legislature as determined by the Legislative Commission. 4 2. The Legislative Counsel shall, in preparing the reprint and 5 supplements to the Nevada Revised Statutes and supplements to the 6 Nevada Administrative Code: 7 (a) Make any revisions that are necessary to carry out the 8 provisions of this section; and 9 (b) Change any references to a legislative committee, 10 subcommittee or other body which has been abolished by the 11 provisions of this act, or whose name has been changed or whose 12 responsibilities have been transferred by the provisions of this act, 13 so that such references refer to the appropriate legislative 14 committee, subcommittee or other body. 15 3. As used in this section, “legislative study or investigation” 16 includes, without limitation: 17 (a) Any interim legislative study or investigation; or 18 (b) Any legislative study or investigation assigned to a statutory 19 legislative committee, subcommittee or other body. 20 Sec. 43. NRS 218E.505, 218E.510, 218E.515, 218E.560, 21 218E.755, 232B.250 and 439B.225 are hereby repealed. 22 Sec. 44. 1. This section and sections 1 to 21, inclusive, and 23 23 to 43, inclusive, of this act become effective upon passage and 24 approval. 25 2. Section 22 of this act becomes effective on the date that the 26 Director of the Department of Public Safety determines that there is 27 sufficient funding to carry out the provisions of NRS 193.309. 28 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 Legislative Committee on Senior Citizens, Veterans and Adults With Special Needs: Meetings; quorum; compensation, allowances and expenses of members. – 42 – - *SB226* 439B.225 Committee to review certain regulations proposed or adopted by licensing boards; recommendations to Legislature. H