Struck = removed from the bill ·
added = the amendment's new text.
SenateSession Bill(80th) A SB14 830 Amendment No.
14–Committee830 onAssembly GovernmentAmendment Affairsto CHAPTER..........Senate Bill No.
14 (BDR 18-186) Proposed by:
Assembly Committee on Government Affairs Amends:
Summary:
No Title:
No Preamble:
No Joint Sponsorship:
No Digest:
Yes ASSEMBLY ACTION Initial and Dat| SENATE ACTION Initial and Date Adopted Lost | Adopted Lost Concurred In Not | Concurred In Not Receded Not | Receded Not EXPLANATION:
Matter in (1) blue bold italics is new language in the original bill;
(2) variations of green bold underlining is language proposed to be added in this amendment;
(3) red strikethrough is deleted language in the original bill;
(4) purple double strikethrough is language proposed to be deleted in this amendment;
(5) orange double underlining is deleted language in the original bill proposed to be retained in this amendment.
SJQ/AAK - Date:
5/19/2019 S.B.
No.
14—Provides for the removal of certain gubernatorial appointees under certain circumstances.
(BDR 18-186) Page 1 of 5 *A_SB14_830* Assembly Amendment No.
830 to Senate Bill No.
14 Page 3 SENATE B ILLNO.
14–COMMITTEE ON G OVERNMENT AFFAIRS (O NB EHALF OF THEHEARINGS D IVISION OF THE DEPARTMENT OF A DMINISTRATION) PREFILEDN OVEMBER 15,2018 _______________ Referred to Committee on Government Affairs SUMMARY—Provides for the removal of certain gubernatorial appointees under certain circumstances.
(BDR 18-186) 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.
Existing law authorizes the Governor to remove from their positions gubernatorial appointees to certain boards, commissions and similar bodies, such as the Board of Examiners for Long-Term Care Administrators, the State Board of Pharmacy and the State Board of Landscape Architecture, among others.
(NRS 625.100, any642.020, board,656.040) commissionSection or1 similar body to be a civil officer of this State;bill:
and(1) (2)declares toany authorizesgubernatorial theappointee Governor to removeany suchboard, ancommission appointee for malfeasance or nonfeasancesimilar inbody theto performancebe of his or her duties unless a specificcivil statuteofficer requiresof otherthis removalState; procedures.
Sectionand 1(2) requiresauthorizes that the Governor giveto theremove such an appointee days’for notice[misconduct ofin theoffice, removalincompetence] unlessmalfeasance or [neglect] nonfeasance in the Governorperformance determinesof that[duty] circumstanceshis requireor theher immediateduties removalunless ofa thespecific appointee.statute requires other removal procedures.
ExistingSection law1 requires that the Governor togive appointthe onerequire orthe moreimmediate appealsremoval officersof tothe benefitsappointee. for injuries or death.
the Governor determines that circumstances Existing law requires the Governor to appoint one or more appeals officers to conduct hearings and appeals in contested cases involving industrial insurance benefits for injuries or death.
and (2) authorizes the Governor to remove an appeals officer prior to the expiration of his or her term for [misconduct in office, incompetence] malfeasance or [neglect] nonfeasance in the performance of [duty] his or her duties or if his or her license to practice law is revoked or suspended.
EXPLANATIONAssembly –Amendment MatterNo. in bolded italics is new;
matter830 between brackets [omitted material] is material to beSenate omitted.Bill No.
14 Page 4 THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
- 80th Session (2019) – 2 – 2.
Except as otherwise provided by a specific statute, the Governor may remove any member of a board, commission or similar body appointed by the Governor for [misconduct in office, incompetence] malfeasance or [neglect] nonfeasance in the performance of [duty.] his or her duties.
(a) Are intended to supplement all other provisions of statute or case law which make the holders of certain positions be civilecivil officers of this State;
Each appeals officer shall hold office for 2 years after the date of his or her appointment and until the successor of the appeals officer is appointed and has qualified.
Each appeals officer must be an attorney who has been licensed to practice law before all the courts of this State for at least 2 years.
interest3. or a conflict of interest, directly or indirectly, in any case which is before him or her, the appeals officer shall disqualify himself or herself from hearing the case.
If an appeals officer determines that he or she has a personal interest or a conflict of interest, directly or indirectly, in any case which is before him or her, the appeals officer shall disqualify himself or herself from hearing the case.
A - 80th Session (2019) – 3 – special appeals officer may hear any case in which a regular appeals officer has a conflict, or any case assigned to the special appeals officer by the senior appeals officer to assist with a backlog of cases.
The Governor may remove any appeals officer or special appeals officer for [misconduct in office, incompetence] malfeasance or [neglect] nonfeasance in the performance of [duty.] his or her duties.
The Governor may remove any appealsAssembly officerAmendment whoseNo. license to practice law has become void or has been revoked or suspended.
830 to Senate Bill No.
14 Page 5 appeals officer whose license to practice law has become void or has been revoked or suspended.
certain8. positions to be civil officers of this State:
holdersThe of (a) Are intended to supplement all other provisions of statutethis orsection case law which makedeem the holders of certain positions to be civil officers of this State;State:
(a) Are intended to supplement all other provisions of statute or case law which make the holders of certain positions be civil officers of this State;
~~~~~ 19 - 80th Session (2019)