AB243A - Revises provisions relating to legislative affairs. (BDR 17-366)

EXEMPT (Reprinted with amendments adopted on June 5, 2023) SECOND REPRINT A.B. 243 - *AB243_R2* ASSEMBLY BILL NO. 243–COMMITTEE ON LEGISLATIVE OPERATIONS AND ELECTIONS (ON BEHALF OF THE JOINT INTERIM STANDING COMMITTEE ON LEGISLATIVE OPERATIONS AND ELECTIONS) MARCH 3, 2023 ____________ Referred to Committee on Legislative Operations and Elections SUMMARY—Revises provisions relating to legislative affairs. (BDR 17-366) FISCAL NOTE: Effect on Local Government: No. Effect on the State: No. ~ EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted. AN ACT relating to legislative affairs; making various changes relating to legislative interim committees and presiding officers of those committees; revising provisions relating to Joint Interim Standing Committees; revising the deadline to submit an application to the Joint Interim Standing Committee on Education to serve on the Nevada State Teacher Recruitment and Retention Advisory Task Force; repealing the requirement that the Joint Interim Standing Committee on Health and Human Services review certain regulations; revising provisions relating to legislative committee members and staff regulated by the Nevada Lobbying Disclosure and Regulation Act and Nevada Financial Disclosure Act; and providing other matters properly relating thereto. Legislative Counsel’s Digest: Existing law establishes various legislative interim committees that are created 1 or authorized to conduct studies or investigations or perform other legislative 2 business during the interim between legislative sessions, and existing law provides 3 for the appointment or designation of chairs and vice chairs of such interim 4 committees. (Chapter 218E of NRS, NRS 232B.210-232B.250) Existing law also 5 contains provisions that apply exclusively to such interim committees without 6 applying to any session committees. (NRS 218E.105-218E.140) 7 – 2 – - *AB243_R2* Under existing common-law principles of parliamentary law, the chair of a 8 committee serves as the presiding officer of the committee and may take, direct or 9 require any necessary and reasonable actions to carry out the committee’s 10 management, government, budget, meetings and proceedings, subject to the laws 11 and rules governing the committee. In addition, if a vacancy occurs in the position 12 of chair, or if the chair is prohibited or disqualified from participating or acting on a 13 particular matter for any reason or is absent, disabled or otherwise unavailable or 14 unable to carry out the position for any reason, the vice chair of the committee 15 serves as the acting chair, with all the powers, privileges and immunities of the 16 position of chair, until the vacancy is filled or the chair is eligible, available or able 17 to carry out the position again, as applicable. (Mason’s Manual of Legislative 18 Procedure §§ 575-579, 608-611 (2020); Luther S. Cushing, Elements of the Law & 19 Practice of Legislative Assemblies §§ 287, 308, 313, 314, 1910 (1856); Hicks v. 20 Long Branch Comm’n, 55 A. 250, 250-51 (N.J. 1903)) To assist interim committees 21 in conducting their legislative business consistently with existing common-law 22 principles of parliamentary law, sections 4-6 of this bill codify those existing 23 common-law principles into the statutory provisions that apply to interim 24 committees. (Welfare Div. v. Maynard, 84 Nev. 525, 529 (1968) (“A statutory 25 enactment can be simply a legislative pronouncement of already existing law.”); 26 State Gaming Comm’n v. Southwest Sec., 108 Nev. 379, 383-84 (1992)) 27 Existing law: (1) establishes Joint Interim Standing Committees of the 28 Legislature that may evaluate and review issues within the jurisdiction of 29 the corresponding standing committees from the preceding regular session of the 30 Legislature, exercise certain investigative powers and, under certain circumstances, 31 conduct studies directed by the Legislature or the Legislative Commission; (2) 32 provides for the appointment of regular members and alternate members to each 33 Joint Interim Standing Committee; and (3) requires the Legislative Commission to 34 select a Chair and a Vice Chair for each Joint Interim Standing Committee. (NRS 35 218E.320, 218E.330) 36 Sections 8-10 of this bill clarify and revise various requirements governing the 37 Joint Interim Standing Committees. Section 8 of this bill renames the Joint Interim 38 Standing Committee on Natural Resources as the Joint Interim Standing Committee 39 on Natural Resources and Public Lands. Sections 1, 15-17, 43 and 47.5 of this bill 40 make conforming changes. Section 8 additionally requires the appointing 41 authorities to appoint the committee members for each Joint Interim Standing 42 Committee, along with the Chairs and Vice Chairs, not later than August 31 43 following the adjournment of each regular session. Section 8 also clarifies the 44 length of the terms that the committee members and the Chairs and Vice Chairs 45 serve while qualified. 46 Section 9 of this bill authorizes the Joint Interim Standing Committees to begin 47 holding their meetings on September 1 after the adjournment of each regular 48 session, instead of November 1 under existing law. Section 9 provides that if a 49 regular member cannot attend a meeting of the Committee, an alternate member 50 must be of the same political party as the regular member, and section 9 clarifies 51 that, when acting in place of a regular member, an alternate member has all the 52 powers, privileges and immunities of a regular member. 53 Existing law requires that any recommended legislation proposed by a Joint 54 Interim Standing Committee must be approved by a majority of the members of the 55 Senate and a majority of the members of the Assembly serving on the Committee. 56 (NRS 218E.325) Section 9 changes this requirement by providing that any 57 recommended legislation proposed by a Committee must be approved by a vote in 58 favor of such legislation by at least five members of the eight-member Committee, 59 regardless of their House. 60 Existing law requires the Joint Interim Standing Committee on Legislative 61 Operations and Elections to evaluate and review issues relating to governmental 62 – 3 – - *AB243_R2* purchasing. (NRS 218E.330) Section 10 of this bill transfers such duties to the 63 Joint Interim Standing Committee on Government Affairs. Section 44 of this bill 64 makes a conforming change to require that the biennial report on recommendations 65 for legislation relating to government purchasing be submitted to the Joint Interim 66 Standing Committee on Government Affairs. 67 Existing law creates the Subcommittee on Public Lands of the Joint Interim 68 Standing Committee on Natural Resources and prescribes the Subcommittee’s 69 powers and duties. (NRS 218E.500-218E.525, NRS 321.7355) Sections 15-17, 43 70 and 51 of this bill eliminate the Subcommittee and transfer its powers and duties to 71 the renamed Joint Interim Standing Committee on Natural Resources and Public 72 Lands. Section 16 of this bill requires the renamed Joint Interim Standing 73 Committee on Natural Resources and Public Lands to hold at least three meetings 74 during each legislative interim where the primary physical location of the meeting 75 is located in a different county for each such meeting other than Clark County, 76 Washoe County or Carson City. However, section 16 does not prohibit the use of 77 authorized remote-technology systems for each such meeting, including when 78 necessary to connect the primary physical location of the meeting to additional 79 physical locations for the meeting in Clark County, Washoe County or Carson City. 80 Existing law creates: (1) the Legislative Committee for the Review and 81 Oversight of the Tahoe Regional Planning Agency and the Marlette Lake Water 82 System; and (2) the Legislative Committee on Senior Citizens, Veterans and Adults 83 With Special Needs. (NRS 218E.550-218E.570, 218E.745-218E.760) Sections 18 84 and 19 of this bill revise the membership, organization and operations of each 85 Legislative Committee. 86 Existing law creates the Sunset Subcommittee of the Legislative Commission. 87 (NRS 232B.210-232B.250) Sections 33-40 of this bill: (1) rename the Sunset 88 Subcommittee as the Sunset Committee of the Legislature; and (2) revise the 89 membership, organization and operations of the Sunset Committee. 90 Existing law authorizes Joint Interim Standing Committees and other interim 91 committees to request the drafting of a certain number of legislative measures for 92 each regular session. (NRS 218D.160) Section 1 of this bill revises the number of 93 such requests that may be made by the Sunset Committee of the Legislature. 94 Existing law requires the Joint Interim Standing Committee on Health and 95 Human Services to review certain regulations that are proposed or adopted by 96 certain licensing boards and that are related to health care. (NRS 439B.225) 97 Section 51 of this bill repeals the requirement that the Joint Interim Standing 98 Committee on Health and Human Services review such regulations. Sections 41 99 and 42 of this bill make conforming changes to eliminate the requirement that such 100 regulations be submitted to the Joint Interim Standing Committee on Health and 101 Human Services. 102 Existing law requires a teacher who wishes to serve on the Nevada State 103 Teacher Recruitment and Retention Advisory Task Force to submit an application 104 to the Joint Interim Standing Committee on Education on or before January 15 of 105 an even-numbered year. (NRS 391.494) Section 46 of this bill moves the due date 106 of the application from January 15 of an even-numbered year to December 1 of an 107 odd-numbered year. 108 Existing law requires various reports, documents and other information to be 109 compiled by state or local governmental agencies and then reported to certain 110 legislative committees or staff. (NRS 193.309, 209.192, 209.461, 209.4818, 111 332.215, 388.887, 449.242) Sections 29-32, 44, 45 and 47 of this bill revise those 112 reporting requirements. 113 Under existing law, the Nevada Lobbying Disclosure and Regulation Act 114 (Lobbying Act) prohibits, with certain exceptions, Legislators, legislative officers 115 and legislative staff members from knowingly or willfully soliciting or accepting 116 any gift from a lobbyist, whether or not the Legislature is in a regular or special 117 – 4 – - *AB243_R2* session. (NRS 218H.060, 218H.090, 218H.930) Under existing exceptions to the 118 gift prohibitions, if Legislators or members of their households receive anything of 119 value from a lobbyist to undertake or attend any educational or informational 120 meetings, events or trips, such meetings, events or trips are excluded from the term 121 “gift” under the Lobbying Act, but the Legislators are required to report the 122 educational or informational meetings, events or trips on their financial disclosure 123 statements under the Nevada Financial Disclosure Act (Financial Disclosure Act). 124 (NRS 218H.045, 218H.060, 281.5583, 281.571) 125 Sections 20-27 of this bill create exceptions for legislative committee 126 investigative meetings, events or trips. Section 22 of this bill defines a “legislative 127 committee investigative meeting, event or trip” to include any meetings, events or 128 trips that the chair of a legislative committee authorizes as official meetings, events 129 or trips of the committee in order for the members of the committee and legislative 130 staff members to investigate or otherwise receive any education or information on 131 matters that are pertinent to the committee’s legislative business or possible future 132 legislative action. Based on the exceptions in sections 24 and 26 of this bill, such 133 legislative committee investigative meetings, events or trips are not required to be 134 reported on financial disclosure statements under the Financial Disclosure Act. 135 (NRS 281.5583, 281.5585) 136 Sections 24 and 26 also make the existing exceptions for educational or 137 informational meetings, events or trips applicable to: (1) legislative officers, such as 138 the Secretary of the Senate and the Chief Clerk of the Assembly; and (2) legislative 139 staff members but only if such staff members have the approval of their chief 140 administrative supervisors to undertake or attend the educational or informational 141 meetings, events or trips. Because the Financial Disclosure Act applies to 142 legislative officers, such as the Secretary of the Senate and the Chief Clerk of the 143 Assembly, and to certain senior staff members of the Legislative Counsel Bureau, 144 such as the Director and the chiefs of the divisions, they are required to report the 145 educational or informational meetings, events or trips on financial disclosure 146 statements. By contrast, if rank-and-file legislative staff members have the approval 147 of their chief administrative supervisors to undertake or attend any educational or 148 informational meetings, events or trips, they are not required to report the 149 educational or informational meetings, events or trips on financial disclosure 150 statements, unless they qualify as a public officer or candidate or a member of a 151 public officer’s or candidate’s household for the purposes of the Financial 152 Disclosure Act. (NRS 281.005, 281.558, 281.5583, 281.5587) 153 THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS: Section 1. NRS 218D.160 is hereby amended to read as 1 follows: 2 218D.160 1. The Chair of the Legislative Commission may 3 request the drafting of not more than 10 legislative measures before 4 the first day of a regular session, with the approval of the Legislative 5 Commission, which relate to the affairs of the Legislature or its 6 employees, including legislative measures requested by the 7 legislative staff. 8 2. The Chair of the Interim Finance Committee may request 9 the drafting of not more than 10 legislative measures before the first 10 – 5 – - *AB243_R2* day of a regular session, with the approval of the Committee, which 1 relate to matters within the scope of the Committee. 2 3. Except as otherwise provided by a specific statute, joint rule 3 or concurrent resolution: 4 (a) [Except as otherwise provided in paragraphs (b), (c) and (d), 5 a] A Joint Interim Standing Committee [Text truncated for display. Full text available on LegiScan.]