AB 2 — Revises and clarifies provisions relating to the Legislative Department of the State Government. (BDR 17-17)
Last action — Read third time. Passed. Title approved. (Yeas: 15, Nays: 6.) To Assembly. In Assembly. To enrollment. Enrolled and delivered to Governor. Approved by the Governor. Chapter 2.
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✓Introduced
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✓In Committee
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3Passed Assembly
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4Passed Senate
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5To Executive
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6Enacted
This bill died with 32nd (2020) Special Session. It reached “Passed Assembly” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
This bill is no longer active — its legislative session has ended, so there is no live prognosis. It would have to be reintroduced in the current session to move again.
Summary
AN ACT relating to the Legislative Department of the State Government; enacting provisions governing the use by certain committees of remote-technology systems for conducting committee meetings during the public-health crisis caused by the COVID-19 pandemic; providing for the publication of certain joint resolutions proposing amendments to the Nevada Constitution under certain circumstances; revising and clarifying provisions governing the organization, operation and personnel of the Legislative Counsel Bureau; providing penalties; and providing other matters properly relating thereto.
Bill Text
What changed in the latest version
586 added · 620 removed586 line(s) added, 620 removed.
(ReprintedAssembly withBill amendmentsNo. adopted on July 31, 2020) FIRST REPRINT A.B.
22–Committee Aof SSEMBLYthe BILLWhole NOCHAPTER.......... .
2–COMMITTEE OF THE W HOLE PREFILED JULY 30, 2020 ____________ Referred to Committee of the Whole SUMMARY—Revises and clarifies provisions relating to the Legislative Department of the State Government.
(BDR 17-17) FISCAL NOTE:
Effect on Local Government:
Increases or Newly Provides for Term of Imprisonment in County or City Jail or Detention Facility.
Effect on the State:
No.
~ EXPLANATION – Matter in bolded italics is new;
matter between brackets [omitted material] is material to be omitted.
Under existing law, the Legislative Commission, the Interim Finance Committee and various other legislative committees conduct studies andande investigations and perform other legislative business during the interim between Legislativelegislative Counselsessions. Bureau serves as the primary administrative or professional staff for various advisory committees whose membership consists of Legislators, other public officials and interested citizens, including the Advisory Commission on the Administration of Justice and the Commission on Special License Plates.
(NRS(Chapter 176.0123,218E 482.367004)of crisisNRS) causedAdditionally, bythe staff of the COVID-19Legislative pandemicCounsel andBureau whichserves governas the useprimary byadministrative suchblic-healthor interim,professional advisorystaff andfor similarvarious advisory committees ofwhose remote-technologymembership systemsconsists forof committeeLegislators, meetingsother thatpublic enableofficials personsand frominterested remotecitizens, locationsincluding tothe attend,Advisory -Commission *AB2_R1*on –the 2Administration –of personsJustice areand notthe physicallyCommission presenton atSpecial theLicense committeePlates. meetings.
However,(NRS sections176.0123, 2-he482.367004) 9crisis docaused notby apply to the LegislatureCOVID-19 orpandemic sessionand committeeswhich duringgovern athe regularuse orby specialsuchublic-health sessioninterim, becauseadvisory theand usesimilar committees of remote-technology systems byfor thecommittee Legislaturemeetings andthat sessionenable committeespersons isfrom governedremote bylocations theto rulesattend, adoptedparticipate, byvote theor Housestake pursuantany toother theiraction constitutionalin authoritythe tocommittee determinemeetings even though the rulespersons ofare theirnot proceedings.physically present at the committee meetings.
However, sections 2- do not apply to the Legislature or session committees during a regular or special session because the use of remote-technology systems by the Legislature and their constitutional authority to determine the rules of their proceedings.
4, § 6) Section 8 of this bill provides that each committee subject to sections 2-9 may conduct committee meetings through the use of authorized remote-technology systems, regardless of whether any physical location is made available for the committee meetings, and the members of the committee may attend, participate,eparticipate, vote or take any other action through the use of authorized remote-technology systems, regardless of whether the members are physically present at the committee meetings.extent practicable, with any other requirements for conducting the committeeto the meetings which do not conflict with sections 2-9;
Sectionand 8(2) furtherthe providesstaff that:of the Legislative Counsel Bureau must make reasonable efforts to ensure that the public can hear or observe the committee meetings and participate in public comment during the committee meetings, except to the extent that such activity is otherwise subject to any lawful requirements or restrictions governing the committee meetings.
(1)Section 8 also provides that the committeesmembers mustwho conform,use toauthorized theremote- extenttechnology practicable,systems withshall anybe otherdeemed requirementsto forbe conductingpresent and in attendance at the committee- meetings32nd whichSpecial doSession not(2020) conflict– with2 sections– 2-9;committee meetings for all purposes.
and (2) the staff of the Legislative Counsel Bureau must make reasonable efforts to ensure that the public can hear or observe the committee meetings and participate in public comment during the committee meetings, except to the extent that such activity is otherwise meetings.
Section 8 also provides that the members who use authorized remote- technology systems shall be deemed to be present and in attendance at the committee meetings for all purposes.
Under existing law, a person commits the offense of unlawful interference with the legislative process if the person, without legal authority, willfully engages in conductconducting that:meetings;
(1) prevents or attempts(2) todisturbs, preventdisrupts theor Legislatureinterferes with, or committeesattempts fromtorom disturb, disrupt or interfere with, the meetings of the Legislature or committees.
(NRS 218A.900-218A.940) Because the Legislature and session committees may use remote-technology systems when authorized pursuant to the rules adopted by the Houses, this bill amends the offense of unlawful interference with the legislative process to include prohibited acts that interfere with the use of remote-technology systems by the Legislature and session committees and any interim, advisory and similar providecommittees thatsubject ato personsections commits2-9. the offense of unlawful interference with thethis bill legislative process if the person, without legal authority, willfully engages in conduct that:
Specifically, sections 9, 15 and 16 of this bill provide that a person commits the offense of unlawful interference with the legislative process if the person, without legal authority, willfully engages in conduct that:
or (2) disturbs, disrupts, obstructs, tampers or interferes with, or attempts to disturb, disrupt, obstruct, tamper or interfere with, the use of remote-technology systems for any sessions or meetings of the Legislature or such committees.
Sections 9, 15 andandfor 16 further provide that a person who commits such an offense is guilty of a gross misdemeanor and is also subject to injunctive relief, contempt citations and other remUnderremedies the Nevada Constitution, in order for the Legislatureoffense. to submit proposed state constitutional amendments to the voters for approval and ratification:
Under the Nevada Constitution, in order for the Legislature to submit proposed state constitutional amendments to the voters for approval and ratification:
and (2) the next Legislature, which is chosen at the general election following first passage of the proposed amendments, must approve them - *AB2_R1* – 3 – Nevada Constitution also requires that, after first approval of the proposed § 1) The amendments, they must be published for ata leastsecond 3time monthsduring beforea theregular dateor ofspecial thesession. general election at which the next Legislature is chosen.
16, § 1) The Nevada Constitution also requires that, after first approval of the proposed amendments, they must be published for at least 3 months before the date of the general election at which the next Legislature is chosen.
(Nev.
Const.
Art.
378 (1893)) Section 17 of this bill provides that if the Legislature first approves any state constitutional amendments during a special session held in an even-numbered year, the Director of the Legislative Counsel Bureau shall immediately publish a separate printed volume of advance sheets of statutes which includes the full text of the such publication is deemed to be the publication of the proposed amendments foras theapproved purposesby of the NevadaLegislature. Constitution without any additional publication being necessary for that specific purpose.
Section 17 also states thate such publication is deemed to be the publication of the proposed amendments for the purposes of the Nevada Constitution without any additional publication being necessary for that specific purpose.
(Chapters 218F and 218G of NRS) Sections 13 and 19 of this bill clarify, but do not change, existing law by designating in clearer language that the Senate Fiscal Analyst and the Assembly - 32nd Special Session (2020) – 3 – Fiscal Analyst are the chiefs of the Fiscal Analysis Division.
(NRS 218A.030,ly218A.030, 218F.100) Similarly, sections 10 and 19 of this bill clarify, but do not change, existing law by defining the term “Chief of the Administrative Division” and adding that term to the provisions of existing law governing the appointment of the chiefs of the divisions of the Legislative Counsel Bureau.
(NRS 218F.100) Existing law establishes and codifies the position of the Legislative Counsel as a public office, provides that the Legislative Counsel is the chief of the Legal Division and establishes and defines various legal functions assigned to the Legal Division.
(NRS 218A.057, 218F.100, 218F.700-218F.730) Additionally, existing functionsLegal assignedlaw toempowers theand divisionsdirects of the Legislative CounselCommission Bureau;to:
(1) supervise the functions assigned to the divisions of the Legislative Counsel Bureau;
(NRS 218E.180, 218E.225) In carrying out these powers and duties, the Legislative Commission, at its meeting on June 5, 2020, approved a revised organizational structure of the Legal Division in which the position of the Chief Litigation Counsel was replaced with the position of the General Counsel in order to better manage the workload of the Legal Division and thereby achieve a more efficient and effective separation of legal functions between the General Counsel and the Legislative Counsel to ensure the completion of thetweenthe work required for the next regular session.
Sections 11, 14 and 18-25 of this bill facilitate and carry out the revised organizational structure of the Legal Division approved by the Legislative Commissionas by:a public office;
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(1)(2) establishingproviding andthat codifying the positionLegislative ofCounsel and the GeneralGeneralsel Counsel asare athe publicchiefs office;of the Legal Division;
(2) providing that the Legislative Counsel and the General Counsel are the chiefs of the Legal Division;
and (4) stating that if any particular matter requires an appropriate separation of legal functions within the Legal Division, the Legislative Counsel and the General Counsel shall take necessary and proper actions to ensure that the appropriate separation of legal functions is established and maintained within the Legal Division.
-EXPLANATION *AB2_R1* – 4Matter –in THEbolded PEOPLEitalics OFis THEnew; STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Sectionmatter 1.between brackets [omitted material] is material to be omitted.
THE PSENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
IN Section 1.
Promotes and facilitates the efficient and effective operation of the committees and encourages and fosters - 32nd Special Session (2020) – 4 – participation in the committee meetings by enabling persons from remote locations to attend, participate, vote or take any other action in the committee meetings even though the persons are not physically present at the committee meetings;
2.their constituents and carry out their official powers, functions, duties and responsibilities at the committee meetings;
Enables Legislators and other public officials to represent their constituents and carry out their official powers, functions, duties and responsibilities at the committee meetings;
As used in sections 2 to 9, inclusive, of this act, unless the context otherwise requires, the words and terms defined in sections 4 to 7, inclusive, of this act have the meanings ascribed to theSec.them in those sections.
Sec.
“Chair” means the chair of a committee or any other member of the committeecommittee.committee who is serving as the presiding officer of theSec. committee.
Sec.
(a) The Legislative Commission and any other legislative committee or subcommittee created by a specific statute, - *AB2_R1* – 5 – concurrent resolution or order of the Legislative Commission to conduct studies or investigations or perform any other legislative business during the legislative interim;
- 32nd Special Session (2020) – 5 – Sec.
Notwithstanding any other provisions of law, the provisions of sections 2 to 9, inclusive, of this act apply to a committee that conducts a committee meeting through the use of any authorized remote-technology systems during the public- of health crisis caused by the COVID-19 pandemic.
4.technology systems to attend, participate, vote or take any other action during a committee meeting, the member shall be deemed to be present and in attendance at the committee meeting for all purposes.
If a member of a committee uses any authorized remote- technology systems to attend, participate, vote or take any other action during a committee meeting, the member shall be deemed to be present and in attendance at the committee meeting for all purposes.
For a committee meeting, the chair may take, direct or require any necessary and reasonable actions to carry out the - *AB2_R1* – 6 – provisions of sections 2 to 9, inclusive, of this act, including, without limitation:
(b) Directing that a physical location must not be made available for the committee meeting if the chair requires that one or more authorized remote-technology systems must be used by the - 32nd Special Session (2020) – 6 – members of the committee to conduct the committee meeting pursuant to the provisions of sections 2 to 9, inclusive, of this act.
A person who, without legal authority, willfully does any of the following acts, alone or in concert with another, interferesint(a) withPrevents or attempts to prevent the legislativeuse process:of any authorized remote-technology systems for a committee meeting.
(a) Prevents or attempts to prevent the use of any authorized remote-technology systems for a committee meeting.
218A.030 “Fiscal Analyst” means a person appointed or serving as the Senate Fiscal Analyst or Assembly Fiscal Analyst and a chief of the Fiscal Analysis Division pursuant to NRS 218F.100.
- *AB2_R1* – 7 – Sec.
(a) The complexities of contemporary civilization and government require the Legislature, in the discharge of its constitutional function, to delegate separately to [committees and to] the Legislative Commission and other committees during regular and- special32nd sessionsSpecial andSession the(2020) legislative– interim7 the– finding of essential facts and the preliminary consideration of legislation, and that these subordinate bodies are, therefore, an integral part of the Legislature.
and (3) During periods of emergency, crisis or disaster, safeguards the workings of the Legislative Department and ensures the continuity and efficacy of its operations at the sessions and meetings and protects the health, safety and welfare of persons who participate in the sessions and meetings by serving as a necessary protective or safety measure to keep the sessions and meetings as safe and free as reasonably possible from danger, risk, harm, injury and peril.
or [(d)] (4) Any other committee or commission created or authorized by the Legislature to conduct or perform legislative [functions] business at the direction of or on behalf of the Legislature. The term includes, without limitation, [a] any interim, advisory or other committee or subcommittee.
(b) The“Remote-technology termsystem” includes,means withoutany limitation,system [a]or other means of communication which is authorized pursuant to any interim,statute, advisoryjoint rule or rule of either House and which uses any electronic, digital or other committeesimilar technology to enable a person from a remote location to attend, participate, vote or subcommittee.take any other action in any session or meeting of the Legislature even though the person is not physically present at the session or - 32nd Special Session (2020) – 8 – meeting.
- *AB2_R1* – 8 – (b) “Remote-technology system” means any system or other means of communication which is authorized pursuant to any statute, joint rule or rule of either House and which uses any electronic, digital or other similar technology to enable a person from a remote location to attend, participate, vote or take any other action in any session or meeting of the Legislature even though the person is not physically present at the session or meeting.
218A.905 A person who, without legal authority, willfully does any of the following acts, alone or in concert with another, interferes with the legislative process:
7.employee of the Legislative Department to perform any act under or color of office, by any unlawful means, threats of violence, fraud or intimidation.
Coerces or attempts to coerce any Legislator or officer or employee of the Legislative Department to perform any act under color of office, by any unlawful means, threats of violence, fraud or intimidation.
- *AB2_R1* – 9 – Sec.
If the Legislature first approves a joint resolution proposing any such amendment or amendments during a special session- held32nd inSpecial anSession even-numbered(2020) year,– the9 Director– shall immediately publish a separate printed volume of advance sheets of statutes which includes the full text of the proposed amendment or amendments as approved by the Legislature.
(b) The Minority Leader of the Assembly and the Minority Leader of the Senate may each request before the date of the general election preceding a regular session, without limitation, the drafting of not more than 10 legislative measures for that regular session.
Sec.
19.
NRS 218F.100 is hereby amended to read as follows:
There is hereby created the Legislative Counsel Bureau, which consists of a Legislative Commission, an Interim Finance Committee, a Director, an Audit Division, a Fiscal Analysis - *AB2_R1* – 10 – Division, a Legal Division, a Research Division and an Administrative Division.
The Director shall designate from time to time the Legislative Counsel or the General Counsel or- an32nd employeeSpecial Session (2020) – 10 – administration of the Legal DivisionDivision.to to be responsible for the administration4. of the Legal Division.
4.
Sec.
20.
NRS 218F.150 is hereby amended to read as follows:
The Director and other officers and employeesemployeess: of the Legislative Counsel Bureau shall not:
of the Legislative Counsel Bureau shall not:
The nature or content of any work produced by the officers and employees of the Research Division may be disclosed if or to the extent that the disclosure does not reveal the identity of the person who requested it or include any matter submitted by the the requester which has not been published or publicly disclosed.
The nature and content of any work produced by the officers and employees of the Legal Division and the Fiscal Analysis Division and any matter entrusted to those officers and employees to - *AB2_R1* – 11 – produce such work are confidential and privileged and are not subject to discovery or subpoena.
The provisions of subsections 1, 2 and 3 apply to any matter or work in any form, including, without limitation, in any oral, - 32nd Special Session (2020) – 11 – written, audio, visual, digital or electronic form, and such matter or work includes, without limitation, any communications, information, answers, advice, opinions, recommendations, drafts, documents, records, questions, inquiries or requests in any such form.for5.
5.
and [(d)]drafting.(4) (4) The methods of research, statutory revision and bill drafting.3.
3.
and - *AB2_R1* – 12 – (4) Governmental contracts, intellectual property and transactional law.
4.- 32nd Special Session (2020) – 12 – the Legislative Counsel and the General Counsel but do not definens of or limit the respective powers and duties of the Legislative Counsel and the General Counsel.
The provisions of this section establish the qualifications of the Legislative Counsel and the General Counsel but do not define or limit the respective powers and duties of the Legislative Counsel and the General Counsel.
[which has become a matter of public record.]rec3.d.]Except 3.as otherwise provided in subsection 4, if the Legislative Counsel or the General Counsel, as applicable, is unavailable or otherwise unable to carry out his or her powers and duties regarding a particular matter for any reason, the Legislative Counsel or the General Counsel, as applicable, may carry out those powers and duties on behalf of the other legal counsel regarding that particular matter.
Except as otherwise provided in subsection 4, if the Legislative Counsel or the General Counsel, as applicable, is unavailable or otherwise unable to carry out his or her powers and duties regarding a particular matter for any reason, the Legislative Counsel or the General Counsel, as applicable, may carry out those powers and duties on behalf of the other legal counsel regarding that particular matter.
When deemed necessary or advisable to protect the official interests of the Legislature in any action or proceeding, the Legislative Commission, or the Chair of the Legislative Commission in cases where action is required before a meeting of the Legislative Commission is scheduled to be held, may direct the Legislative Counsel or the General Counsel and the Legal Division to appear in, commence, prosecute, defend or intervene in any action or proceeding before any court, agency or officer of the United States, this State or any other jurisdiction, or any political subdivision thereof.
- *AB2_R1*32nd Special Session (2020) – 13 – (a)(b) AnyThe filingattorney’s fees or any other courtfees, costs or agencyexpenses fees;of any other parties.
or (b) The attorney’s fees or any other fees, costs or expenses of any other parties.
or (b) Challenges, contests or raises as an issue, either in law or in equity, in whole or in part, or facially or as applied, the meaning, intent, purpose, scope, applicability, validity, enforceability or constitutionality of any law, resolution, initiative, referendum or other legislative or constitutional measure, including, without limitation, on grounds that it is ambiguous, unclear, uncertain, imprecise, indefinite or vague, is preempted by federal law or is otherwise inapplicable, invalid, unenforceable or unconstitutional, the Legislature may elect to intervene in the action or proceeding by filing a motion or request to intervene in the form required by the rules, laws or regulations applicable to the action or proceeding.
4.necessary or indispensable party to any action or proceeding unless the Legislature intervenes in the action or proceeding, and no party to any action or proceeding may name the Legislature as a party or move to join the Legislature as a party based on the provisions of this section.
The provisions of this section do not make the Legislature a necessary or indispensable party to any action or proceeding unless the Legislature intervenes in the action or proceeding, and no party to any action or proceeding may name the Legislature as a party or move to join the Legislature as a party based on the provisions of this section.
- 32nd Special Session (2020) – 14 – (a) “Action or proceeding” means any action, suit, matter, cause, hearing, appeal or proceeding.
- *AB2_R1* – 14 – (b) “Agency” means any agency, office, department, division, bureau, unit, board, commission, authority, institution, committee, subcommittee or other similar body or entity, including, without limitation, any body or entity created by an interstate, cooperative, joint or interlocal agreement or compact.
or (2) Any current or former agency, member, officer or employee of the Legislature, the Legislative Counsel Bureau or the LegislativeLegSec. Department.
Sec.
H~~~~~ 20 - *AB2_R1*32nd Special Session (2020)
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View plain text versions (3)
- Enrolled As Enrolled Current pdf
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Amendments
1 amendmentClick Show changes on an amendment above to see how it modifies the bill.
Action History
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Read third time. Passed. Title approved. (Yeas: 15, Nays: 6.) To Assembly. In Assembly. To enrollment. Enrolled and delivered to Governor. Approved by the Governor. Chapter 2.
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Read second time.
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From printer. Read first time. To committee. From committee: Amend, and do pass as amended. Declared an emergency measure under the Constitution. Read third time. Amended. (Amend. No. 1.) Dispensed with reprinting. Read third time. Passed, as amended. Title approved, as amended. (Yeas: 40, Nays: 1, Excused: 1.) To printer. From printer. To engrossment. Engrossed. First reprint. To Senate. In Senate. Read first time. Referred to Committee of the Whole. To committee. From committee: Do pass.
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Prefiled. Referred to Committee of the Whole. To printer.
Sponsors
- Assembly Committee of the Whole · Primary
Sponsorship breakdown
Export CSV (upgrade) →1 sponsors · 0 co-sponsors · 66 not signed on
Sponsors (1)
- Assembly Committee of the Whole
Co-sponsors (0)
None.
Not signed on (66)
66 members have not signed on to this bill.
Show all 66 →"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.
Subjects
Frequently asked questions
- What does AB 2 do?
- AN ACT relating to the Legislative Department of the State Government; enacting provisions governing the use by certain committees of remote-technology systems for conducting committee meetings during the public-health crisis caused by the COVID-19 pandemic; providing for the publication of certain joint resolutions proposing amendments to the Nevada Constitution under certain circumstances; revising and clarifying provisions governing the organization, operation and personnel of the Legislative Counsel Bureau; providing penalties; and providing other matters properly relating thereto.
- Who sponsors AB 2?
- AB 2 is sponsored by Assembly Committee of the Whole.
- What is the current status of AB 2?
- This bill died with 32nd (2020) Special Session. It reached “Passed Assembly” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
- Where can I track AB 2?
- Track AB 2 free on One Click Politics — get push/email alerts when it moves.
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