SB78 - Revises provisions relating to boards, commissions, councils and similar bodies. (BDR 18-301)

S.B. 78 - *SB78* SENATE BILL NO. 78–COMMITTEE ON REVENUE AND ECONOMIC DEVELOPMENT (ON BEHALF OF THE DEPARTMENT OF BUSINESS AND INDUSTRY) PREFILED NOVEMBER 20, 2024 ____________ Referred to Committee on Revenue and Economic Development SUMMARY—Revises provisions relating to boards, commissions, councils and similar bodies. (BDR 18-301) FISCAL NOTE: Effect on Local Government: May have Fiscal Impact. 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 governmental administration; revising in skeleton form the powers and duties of the Office of Nevada Boards, Commissions and Councils Standards of the Department of Business and Industry; making various changes in skeleton form to the composition and operation of various boards, commissions, councils and similar bodies; providing in skeleton form for the consolidation and termination of various boards, commissions, councils and similar bodies; and providing other matters properly relating thereto. Legislative Counsel’s Digest: Existing law creates the Office of Nevada Boards, Commissions and Councils 1 Standards of the Department of Business and Industry and sets forth the powers and 2 duties of the Office. (NRS 232.8413, 232.8415) This bill revises, in skeleton form, 3 the powers and duties of the Office. 4 Existing law provides, with certain exceptions, that all professional and 5 occupational licensing boards created by the Legislature are under the purview of 6 the Office. (NRS 232.8415) Section 24 of this bill adds various other boards, 7 commissions, councils and similar bodies within the Executive Department of the 8 State Government to the purview of the Office. Section 11 of this bill requires the 9 Office to provide administrative services to each board, commission, council and 10 similar body under its purview, including, without limitation, legal services, 11 accounting services, information technology services, services pertaining to 12 – 2 – - *SB78* activities designed to influence the passage or defeat of any legislation and the 13 services of hearing officers to adjudicate contested cases. Section 11 requires the 14 Office to prescribe a fee to cover the costs for such services and adopt such 15 procedures as the Office may deem appropriate for the billing or collection of such 16 fees from a board, commission, council or similar body to which such services are 17 provided. Section 11 prohibits a board, commission, council or similar body under 18 the purview of the Office from paying any compensation to a natural person or 19 entity other than the Office for a service that the Office provides. This bill would 20 eliminate all provisions of existing law to the contrary. For example, existing law 21 requires a regulatory body to determine whether a contested case will be heard by 22 the regulatory body or a hearing panel or officer. (NRS 622A.300) Section 79 of 23 this bill requires any contested case before a regulatory body that is a professional 24 or occupational licensing board under the purview of the Office to be heard by a 25 hearing officer employed by the Office. Similarly, section 83 of this bill eliminates 26 the authority of the Nevada State Board of Accountancy to employ attorneys, as 27 legal services for the Board would be provided by the Office. 28 Section 11 requires all money collected by the Office for the provision of 29 services to boards, commissions, councils and similar bodies under its purview to 30 be deposited in the State Treasury for credit to the Office of Nevada Boards, 31 Commissions and Councils Standards Account, which is created by section 12 of 32 this bill. 33 Existing law requires the Director of the Department of Business and Industry 34 to retain the required staff to effectively administer the responsibilities of the 35 Office. (NRS 232.8413) Section 23 of this bill provides that such staff may include, 36 without limitation, hearing officers, accountants and other professional, clerical and 37 operational employees. Section 6 of this bill authorizes the Director to appoint a 38 General Counsel of the Office and deputies to the General Counsel. 39 Section 15 of this bill: (1) requires the Office to maintain an Internet website 40 through which each board, commission, council and similar body under the 41 purview of the Office may post information; and (2) prohibits such a board, 42 commission, council or similar body from posting information on any other Internet 43 website. The bill would eliminate any provisions of existing law to the contrary. 44 For example, existing law requires the Nevada State Board of Accountancy to 45 maintain a website on the Internet and post certain information on that website. 46 (NRS 628.130) Section 84 of this bill requires that information to instead be posted 47 on the Internet website maintained by the Office. 48 Section 13 of this bill sets forth the process that a board, commission, council 49 or similar body under the purview of the Office must use if it wishes that a request 50 for the drafting of a legislative measure be submitted to the Legislative Counsel. 51 Sections 7-9 of this bill require the Office, with certain exceptions, to 52 periodically review each board, commission, council and similar body in this State 53 within the Executive Department of the State Government and set forth procedures 54 for conducting such a review. At the conclusion of such a review, section 9 55 requires the Deputy Director to submit to the Governor his or her recommendation 56 as to whether the board, commission, council or similar body should be terminated, 57 modified, consolidated with another board, commission, council or similar body or 58 continued. Section 9 requires the Governor, if necessary, to request the drafting of 59 a legislative measure to effectuate the recommendation. If the board, commission, 60 council or similar body is an advisory body subject to termination pursuant to 61 section 29 of this bill and the Deputy Director makes certain specified findings 62 concerning the advisory body, section 9 requires the Deputy Director to submit a 63 notice to the Governor and the Director of the Legislative Counsel Bureau 64 recommending the continuation of the board, commission, council or similar body. 65 Section 29 requires any legislative measure enacted on or after July 1, 2026, 66 which contains a provision creating an advisory body, with certain exceptions, to 67 – 3 – - *SB78* provide for the expiration by limitation of the provision 2 years after effective date 68 of the provision. However, section 29 also requires such legislation to provide for 69 the extension of the provision for a period of 2 years each time the Deputy Director 70 submits a notice to the Governor and the Director of the Legislative Counsel 71 Bureau described in section 9 recommending the continuation of the advisory 72 body. As such, under section 29, any advisory body created on or after July 1, 73 2026, would terminate automatically after 2 years, but may be extended in 2-year 74 increments if the Deputy Director, after a review of the advisory body, makes 75 certain findings resulting in a recommendation for the continuation of the advisory 76 body. 77 Section 10 of this bill authorizes the Office to: (1) establish procedures and 78 requirements relating to the appointment of members to a board, commission, 79 council or similar body under the purview of the Office; and (2) require any such 80 body, before entering into a contract of any kind, to submit the contract to and 81 obtain the approval of the Office. 82 Section 14 of this bill makes the person appointed by the Governor as the 83 administrative head of the department within which a board, commission, council 84 or similar body under the purview of the Office, other than a professional or 85 occupational licensing board, responsible for the effective operation of the board, 86 commission, council or similar body. Section 14 provides that such boards, 87 commissions, councils or similar bodies are authorized to meet only upon: (1) the 88 call of the Chair of the board, commission, council or similar body; (2) the written 89 request of a majority of the members of the board, commission, council or similar 90 body; or (3) the call of the administrative head of the department responsible for its 91 effective operation. This bill would eliminate all provisions of existing law to the 92 contrary. For example, section 21 of this bill removes provisions requiring the 93 Advisory Council of the Division of Industrial Relations of the Department of 94 Business and Industry to meet at least once annually. (NRS 232.580) All similar 95 provisions requiring a board, commission, council or similar body under the 96 purview of the Office that is not a professional or occupational licensing board to 97 meet a certain number of times per year would be eliminated. 98 Section 16 of this bill authorizes the Office to have access to, inspect, copy and 99 subpoena various records and use the information obtained to resolve matters 100 relating to its duties. 101 This bill also provides, in skeleton form, for various revisions to provisions 102 relating to the membership of various boards, commissions, councils and similar 103 bodies under the purview of the Office. For example, under existing law, the 104 members of the Advisory Council of the Division of Industrial Relations are 105 appointed by the Governor. (NRS 232.570) Section 20 of this bill makes the 106 Director of the Department of Business and Industry responsible for appointing 107 the members of the Advisory Council. This bill would similarly make the 108 administrative head of the department in which a board, commission, council or 109 similar body under the purview of the Office that is not a professional or 110 occupational licensing board responsible for the appointment of the members 111 required to be appointed by the Governor under existing law. Section 20 also 112 provides that the term of office for a member of the Advisory Council is 2 years 113 and that a member may not serve more than two terms. This bill would apply those 114 term limits and terms of office to every board, commission, council or similar body 115 under the purview of the Office that is not a professional or occupational licensing 116 board. 117 This bill would also standardize the term limits and terms of office for 118 professional and occupational licensing boards under the purview of the Office. For 119 example, under existing law, a member of the State Contractors’ Board serves a 120 term of 3 years and is not limited in the number of terms he or she may serve. (NRS 121 232A.020, chapter 624 of NRS) However, an appointed member of the State 122 – 4 – - *SB78* Barbers’ Health and Sanitation Board serves a term of 4 years and is prohibited 123 from serving more than three terms. (NRS 643.020) Sections 81 and 94 of this bill 124 provide that the term of office for the appointed members of both of these boards is 125 4 years and each such member is prohibited from serving more than two terms. 126 This bill would apply such term limits and terms of office to every professional and 127 occupational licensing board under the purview of the Office. 128 This bill would also standardize the compensation to be paid to members of the 129 boards, commissions, councils and similar bodies under the purview of the Office. 130 For example, under existing law, each member of the Advisory Council of the 131 Division of Industrial Relations is entitled to receive a salary of $60 for each day’s 132 attendance at a meeting of the Council. (NRS 232.590) Section 22 of this bill 133 requires the members to serve without compensation, but provides that each 134 member is entitled to receive the per diem allowance and travel expenses provided 135 for state officers and employees generally. This bill would require all members of 136 all boards, commissions, councils and similar bodies under the purview of the 137 Office, other than a professional or occupational licensing board, to serve without 138 compensation. However, each member would be entitled to receive the per diem 139 allowance and travel expenses provided for state officers and employees generally. 140 This bill would also standardize the compensation to be paid to members of 141 professional and occupational licensing boards under the purview of the Office. For 142 example, under existing law, each member of the State Board of Pharmacy is 143 entitled to receive: (1) a salary of not more than $150 per day, as fixed by the 144 Board, while engaged in the business of the Board; and (2) a per diem allowance 145 and travel expenses at a rate fixed by the Board, while engaged in the business of 146 the Board, which must not exceed the rate provided for state officers and 147 employees generally. (NRS 639.050) Section 92 of this bill requires those rates to 148 be fixed by the Deputy Director of the Office, with the approval of the Director of 149 the Department of Business and Industry, rather than the Board. This bill would add 150 similar provisions with respect to every professional and occupational licensing 151 board under the purview of the Office. 152 In addition to requiring each board, commission, council or similar body under 153 its purview to utilize the administrative services of the Office, this bill would 154 require the Director of the Department of Business and Industry to appoint each 155 executive director of a professional or occupational licensing board, rather than the 156 board itself. For example, existing law authorizes the State Board of Nursing to 157 appoint an Executive Director to perform such duties as the Board may direct and 158 to set the compensation of the Executive Director. (NRS 632.060) Section 88 of 159 this bill requires the Executive Director to instead be appointed by the Director of 160 the Department of Business and Industry and to serve at a level of compensation set 161 by the Deputy Director of the Office. Under section 88, the Executive Director of 162 the Board serves at the pleasure of the Director and is required to perform such 163 duties as are directed by the Deputy Director, as advised by the Board. This bill 164 would add similar provisions with respect to each executive director or person with 165 similar responsibilities of each professional or occupational licen [Text truncated for display. Full text available on LegiScan.]