SB226 - Revises provisions relating to legislative affairs. (BDR 17-365)

- 83rd Session (2025) Senate Bill No. 226–Committee on Legislative Operations and Elections CHAPTER.......... 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 Subcommittee on Public Lands of the Joint Interim Standing Committee on Natural Resources a stand-alone interim committee; 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; revising provisions governing the review of certain mining regulations by the Mining Oversight and Accountability Commission; and providing other matters properly relating thereto. Legislative Counsel’s Digest: Existing law establishes various legislative interim committees that are created or authorized to conduct studies or investigations or perform other legislative business during the interim between legislative sessions, and existing law provides for the appointment or designation of chairs and vice chairs of such interim committees. (Chapter 218E of NRS, NRS 232B.210-232B.250) Existing law also contains provisions that apply exclusively to such interim committees without applying to any session committees. (NRS 218E.105-218E.140) Under existing common-law principles of parliamentary law, the chair of a committee serves as the presiding officer of the committee and may take, direct or require any necessary and reasonable actions to carry out the committee’s management, government, budget, meetings and proceedings, subject to the laws and rules governing the committee. In addition, if a vacancy occurs in the position of chair, or if the chair is prohibited or disqualified from participating or acting on a particular matter for any reason or is absent, disabled or otherwise unavailable or unable to carry out the position for any reason, the vice chair of the committee serves as the acting chair, with all the powers, privileges and immunities of the position of chair, until the vacancy is filled or the chair is eligible, available or able to carry out the position again, as applicable. (Mason’s Manual of Legislative Procedure §§ 575-579, 608-611 (2020); Luther S. Cushing, Elements of the Law & Practice of Legislative Assemblies §§ 287, 308, 313, 314, 1910 (1856); Hicks v. Long Branch Comm’n, 55 A. 250, 250-51 (N.J. 1903)) To assist interim committees in conducting their legislative business consistently with existing common-law principles of parliamentary law, sections 2-4 of this bill codify those existing – 2 – - 83rd Session (2025) common-law principles into the statutory provisions that apply to interim committees. (Welfare Div. v. Maynard, 84 Nev. 525, 529 (1968) (“A statutory enactment can be simply a legislative pronouncement of already existing law.”); State Gaming Comm’n v. Southwest Sec., 108 Nev. 379, 383-84 (1992)) Existing law: (1) establishes Joint Interim Standing Committees of the Legislature that are authorized to evaluate and review issues within the jurisdiction of the corresponding standing committees from the preceding regular session of the Legislature, exercise certain investigative powers and, under certain circumstances, conduct studies directed by the Legislature or the Legislative Commission; (2) provides for the appointment of regular members and alternate members to each Joint Interim Standing Committee; and (3) requires the Legislative Commission to select a Chair and a Vice Chair for each Joint Interim Standing Committee. (NRS 218E.320, 218E.330) Section 5 of this bill requires the appointing authorities to appoint the committee members for each Joint Interim Standing Committee, along with the Chairs and Vice Chairs, not later than October 31 following the adjournment of each regular session. Section 5 also clarifies the length of the terms that the committee members and the Chairs and Vice Chairs serve while qualified. Section 6 of this bill provides that if a regular member cannot attend a meeting of the Committee, an alternate member must be of the same political party as the regular member, and section 6 clarifies that, when acting in place of a regular member, an alternate member has all the powers, privileges and immunities of a regular member. Existing law requires the Joint Interim Standing Committee on Legislative Operations and Elections to evaluate and review issues relating to governmental purchasing. (NRS 218E.330) Section 7 of this bill transfers such duties to the Joint Interim Standing Committee on Government Affairs. Section 36 of this bill makes a conforming change to require that the biennial report on recommendations for legislation relating to governmental purchasing in existing law be submitted to the Joint Interim Standing Committee on Government Affairs. (NRS 332.215) Existing law creates the Subcommittee on Public Lands of the Joint Interim Standing Committee on Natural Resources and prescribes the Subcommittee’s powers and duties. (NRS 218E.500-218E.525, NRS 321.7355) Sections 8-10 and 35 of this bill: (1) make the Subcommittee a stand-alone interim committee instead of a subcommittee of the Joint Interim Standing Committee on Natural Resources and rename it as the Committee on Public Lands; and (2) revise the membership, organization and operations of the Committee on Public Lands. Section 1 of this bill authorizes the Committee on Public Lands to request 4 legislative measures and eliminates the authority of the Joint Interim Standing Committee on Natural Resources to request 4 additional legislative measures based on the recommendations for legislation submitted by the former Subcommittee on Public Lands. Section 9 requires the Committee on Public Lands to hold at least three meetings during each legislative interim where the primary physical location of the meeting is located in a different county for each such meeting other than Clark County, Washoe County or Carson City. However, section 9 does not prohibit the use of authorized remote-technology systems for each such meeting, including when necessary to connect the primary physical location of the meeting to additional physical locations for the meeting in Clark County, Washoe County or Carson City. Existing law creates: (1) the Legislative Committee for the Review and Oversight of the Tahoe Regional Planning Agency and the Marlette Lake Water System; and (2) the Legislative Committee on Senior Citizens, Veterans and Adults With Special Needs. (NRS 218E.550-218E.570, 218E.745-218E.760) Sections 11 – 3 – - 83rd Session (2025) and 12 of this bill revise the membership, organization and operations of these Committees. Existing law creates the Sunset Subcommittee of the Legislative Commission. (NRS 232B.210-232B.250) Sections 26-32 and 43 of this bill: (1) make the Sunset Subcommittee a stand-alone interim committee instead of a subcommittee of the Legislative Commission and rename it as the Sunset Committee of the Legislature; and (2) revise the membership, organization and operations of the Sunset Committee. Existing law authorizes Joint Interim Standing Committees and other interim committees to request the drafting of a certain number of legislative measures for each regular session. (NRS 218D.160) Section 1 revises the number of such requests that the renamed Sunset Committee of the Legislature is authorized to make. Section 43 eliminates the requirement in existing law that the Joint Interim Standing Committee on Health and Human Services review certain regulations that are proposed or adopted by certain licensing boards and that are related to health care. (NRS 439B.225) Sections 33 and 34 of this bill make conforming changes as a result of the elimination of this requirement. Existing law requires a teacher who wishes to serve on the Nevada State Teacher and Education Support Professional Recruitment and Retention Advisory Task Force to submit an application to the Joint Interim Standing Committee on Education on or before January 15 of an even-numbered year. (NRS 391.494) Section 38 of this bill moves the due date of the application to December 1 of an odd-numbered year. Existing law requires various reports, documents and other information to be compiled by state or local governmental agencies or other entities and then reported to certain legislative committees or staff. (NRS 193.309, 209.192, 209.461, 209.4818, 388.887, 449.242) Sections 22-25 and 37-39 of this bill revise those reporting requirements. Under existing law, the Nevada Lobbying Disclosure and Regulation Act (Lobbying Act) prohibits, with certain exceptions, Legislators, legislative officers and legislative staff members from knowingly or willfully soliciting or accepting any gift from a lobbyist, whether or not the Legislature is in a regular or special session. (NRS 218H.060, 218H.090, 218H.930) Under existing exceptions to the gift prohibitions, if Legislators or members of their households receive anything of value from a lobbyist to undertake or attend any educational or informational meetings, events or trips, such meetings, events or trips are excluded from the term “gift” under the Lobbying Act, but the Legislators are required to report the educational or informational meetings, events or trips on their financial disclosure statements under the Nevada Financial Disclosure Act (Financial Disclosure Act). (NRS 218H.045, 218H.060, 281.5583, 281.571) Sections 13-20 of this bill create exceptions for legislative committee investigative meetings, events or trips. Section 15 defines a “legislative committee investigative meeting, event or trip” to include any meetings, events or trips that the chair of a legislative committee authorizes as official meetings, events or trips of the committee in order for the members of the committee and legislative staff members to investigate or otherwise receive any education or information on matters that are pertinent to the committee’s legislative business or possible future legislative action. Based on the exceptions in sections 17 and 19, such legislative committee investigative meetings, events or trips are not required to be reported on financial disclosure statements under the Financial Disclosure Act. (NRS 281.5583, 281.5585) – 4 – - 83rd Session (2025) Sections 17 and 19 also make the existing exceptions for educational or informational meetings, events or trips applicable to: (1) legislative officers, such as the Secretary of the Senate and the Chief Clerk of the Assembly; and (2) legislative staff members but only if such staff members have the approval of their chief administrative supervisors to undertake or attend the educational or informational meetings, events or trips. Because the Financial Disclosure Act applies to legislative officers, such as the Secretary of the Senate and the Chief Clerk of the Assembly, and to certain senior staff members of the Legislative Counsel Bureau, such as the Director and the chiefs of the divisions, they are required to report the educational or informational meetings, events or trips on financial disclosure statements. By contrast, if rank-and-file legislative staff members have the approval of their chief administrative supervisors to undertake or attend any educational or informational meetings, events or trips, they are not required to report the educational or informational meetings, events or trips on financial disclosure statements, unless they qualify as a public officer or candidate or a member of a public officer’s or candidate’s household for the purposes of the Financial Disclosure Act. (NRS 281.005, 281.558, 281.5583, 281.5587) Existing law creates the Mining Oversight and Accountability Commission and requires the Commission to provide oversight of compliance with Nevada law relating to the activities of each state agency, board, bureau, commission, department or division with respect to the taxation, operation, safety and environmental regulation of mines and mining in this State. (NRS 514A.040, 514A.060) Section 40.5 of this bill provides that if the Commission fails to review certain regulations relating to mines or mining within 90 days after adoption, the regulations will become effective if approved in accordance with the applicable provisions of the Nevada Administrative Procedure Act. EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted. 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 follows: 218D.160 1. The Chair of the Legislative Commission may request the drafting of not more than 10 legislative measures before the first day of a regular session, with the approval of the Legislative Commission, which relate to the affairs of the Legislature or its employees, including legislative measures requested by the legislative staff. 2. The Chair of the Interim Finance Committee may request the drafting of not more than 10 legislative measures before the first day of a regular session, with the approval of the Committee, which relate to matters within the scope of the Committee. 3. Except as otherwise provided by a specific statute, joint rule or concurrent resolution: (a) [Except as otherwise provided in paragraphs (b), (c) and (d), a] A Joint Interim Standing Committee may request the drafting of – 5 – - 83rd Session (2025) not more than 10 legislative measures which relate to matters within the scope of the Committee [. (b) The] , unless another provision in this subsection authorizes a different number of requests for a specific Joint Interim Standing Committee. (b) In addition to the number of requests authorized pursuant to paragraph (a), the Joint Interim Standing Committee on Health and Human Services may request the drafting of not more than [15] 5 legislative measures [which relate to matters within the scope of the Committee, at least 5 of which must relate to matters] relating to child welfare. (c) [The] In addition to the number of requests authorized pursuant to paragraph (a), the Joint Interim Standing Committee on the Judiciary may req [Text truncated for display. Full text available on LegiScan.]