Nevada 2021 Regular Session Status: Enacted

SB 38 — Establishes provisions governing the retention of pro bono legal assistance by the Office of the Attorney General. (BDR 18-409)

Last action — Chapter 148.

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  1. ✓
    Introduced
  2. ✓
    In Committee
  3. ✓
    Passed Senate
  4. ✓
    Passed Assembly
  5. ✓
    To Executive
  6. 6
    Enacted

This bill has been enacted into law. Introduced November 18, 2020. Enacted.

Prognosis

Advancing 50% · moderate confidence

Where this bill stands today.

Odds of enactment

High

How often bills like it became law.

  • Enacted

    Current position in the legislative process.

  • 1 sponsor

    1 primary, 0 co-sponsors signed on.

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Bill Text

What changed in the latest version

264 added · 285 removed

264 line(s) added, 285 removed.

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(Reprinted with amendments adopted on April 6, 2021) FIRST REPRINT S.B.
Senate Bill No.
38 S ENATE B ILLN O.
38–Committee on Government Affairs CHAPTER..........
38–COMMITTEE ON G OVERNMENT A FFAIRS (O NB EHALF OF THE ATTORNEY GENERAL ) PREFILED N OVEMBER 18, 2020 ____________ Referred to Committee on Government Affairs SUMMARY—Establishes provisions governing the retention of pro bono legal assistance by the Office of the Attorney General.
(BDR 18-409) 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 generally provides that the Attorney General and his or her the State Government and generally prohibits persons in the Executive Departmentf from employing other counsel to represent the State or any agency in the Executive Department.
deputies are the legal advisers on matters arising in the Executive Department of the State Government and generally prohibits persons in the Executive Department from employing other counsel to represent the State or any agency in the Executive Department.
(NRS 228.110) However, existing law also establishes a process to authorize the Attorney General or any other officer, agency or employee in the Executive Department to enter into a contingent fee contract for legal services pursuant to which an attorney or law firm engaged in the private practice of law in the Executive Department.
(NRS 228.110) However, existing law also establishes a process to authorize the Attorney General or any other officer, agency or employee in the Executive Department to enter into a contingent fee contract for legal services pursuant to which an attorney or law firm engaged in the private practice of law may provide legal services to the State of Nevada or an officer, agency or employee in the Executive Department.
(NRS 228.111-228.1118) Section 6 of this bill employee additionally authorizes the Attorney General or any other officer, agency or employee in the Executive Department to enter into a pro bono contract for legal services pursuant to which an attorney or law firm engaged in the private practice of law may provide legal services to the State of Nevada or an officer, agency or employee in the Executive Department on a pro bono basis if the Attorney General detSection 7 of this bill requires the Attorney General to retain final authority over the course and conduct of the matter that is the subject of a pro bono contract, and - *SB38_R1* – 2 – section 8 of this bill requires the Attorney General to prescribe a form of addendum to a pro bono contract that sets forth the specific rights and obligations of the parties relating to the matter that is the subject of the contract.
(NRS 228.111-228.1118) Section 6 of this bill employee in the Executive Department to enter into a pro bono contract for legal services pursuant to which an attorney or law firm engaged in the private practice of law may provide legal services to the State of Nevada or an officer, agency or employee in the Executive Department on a pro bono basis if the Attorney General determines that the provision of such legal services is necessary.
Section 9 of this bill requires any attorney or law firm retained pursuant to a pro bono contract to the matter and provides that such records, other than those protected as legally privileged, are public records.
Section 7 of this bill requires the Attorney General to retain final authority over the course and conduct of the matter that is the subject of a pro bono contract, and section 8 of this bill requires the Attorney General to prescribe a form of addendum to a pro bono contract that sets forth the specific rights and obligations of the requires any attorney or law firm retained pursuant to a pro bono contract to of this bill prepare and maintain contemporaneous records reflecting the work performed on the matter and provides that such records, other than those protected as legally privileged, are public records.
Section 10.5 of this bill prohibits any attorney or law firm retained pursuant to a pro bono contract from entering into certain other contracts with the Attorney General for the provision of legal services for a period of 1 year after the is terminated.
Section 10.5 of this bill prohibits any attorney or law firm retained pursuant to a pro bono contract from entering into certain other contracts with the Attorney General for the provision of legal services for a period of 1 year after the date on which the pro bono contract or any extension or renewal thereof expires or submit an annual report to the Director of the Legislative Counsel Bureau that sets forth certain information about pro bono contracts in effect during the period covered by the report.
Section 11 of this bill requires the Attorney General to prepare and submit an annual report to the Director of the Legislative Counsel Bureau that sets forth certain information about pro bono contracts in effect during the period covered by the report.
contract from the procedures otherwise applicable to state agencies for theo bono acceptance of gifts or grants of property or services.
Section 15 of this bill exempts legal services provided pursuant to a pro bono contract from the procedures otherwise applicable to state agencies for the acceptance of gifts or grants of property or services.
(NRS 353.335) THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
(NRS 353.335) - 81st Session (2021) – 2 – 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:
“Pro bono contract” or “contract” means a contract for legal services entered into by or at the request of the Attorney General, pursuant to which legal services are provided on a pro bono basis by an attorney or law firm engaged in the private practice of law to the State of Nevada or any officer, agency or employee in the Executive Department of the State Government.
“Pro bono contract” or “contract” means a contract General, pursuant to which legal services are provided on a proorney bono basis by an attorney or law firm engaged in the private practice of law to the State of Nevada or any officer, agency or employee in the Executive Department of the State Government.
The Attorney General or any other officer, agency or employee in the Executive Department of the State Government may enter into a pro bono contract regarding any matter if the Attorney General determines that the provision of pro bono legal - *SB38_R1* – 3 – services by an attorney or law firm engaged in the private practice of law is necessary.
The Attorney General or any other officer, agency or employee in the Executive Department of the State Government may enter into a pro bono contract regarding any matter if the Attorney General determines that the provision of pro bono legal services by an attorney or law firm engaged in the private practice of law is necessary.
2.
of the Attorney General must have supervisory authority over thety conduct of the matter that is the subject of the pro bono contract.
Subject to the authority of the Attorney General, a deputy of the Attorney General must have supervisory authority over the conduct of the matter that is the subject of the pro bono contract.
- 81st Session (2021) – 3 – The deputy shall attend any settlement conference or mediation conducted in the matter.
The deputy shall attend any settlement conference or mediation conducted in the matter.
The pro bono contract must not limit the right of any attorney for an opposing party in the matter that is the subject of the contract to communicate directly with the Attorney General or the deputy of the Attorney General described in subsection 2.
The pro bono contract must not limit the right of any attorney for an opposing party in the matter that is the subject of the deputy of the Attorney General described in subsection 2.l or Sec.
Sec.
The provisions of subsection 2 must not be construed to authorize or require the disclosure of any materials that are otherwise protected as legally privileged.
The provisions of subsection 2 must not be construed to authorize or require the disclosure of any materials that are othSec.
Sec.
Not later than 5 business days after a pro bono contract is signed by all the parties to the contract, the Attorney - *SB38_R1* – 4 – General shall cause a fully executed copy of the contract to be posted on the Internet website of the Attorney General.
Not later than 5 business days after a pro bono contract is signed by all the parties to the contract, the Attorney General shall cause a fully executed copy of the contract to be posted on the Internet website of the Attorney General.
Sec.
- 81st Session (2021) – 4 – Sec.
On or before February 1 of each year, the Attorney General shall prepare and submit a report to the Director of the Legislative Counsel Bureau, for transmittal to the Majority Leader of the Senate and the Speaker of the Assembly, describing the use of pro bono contracts by the Attorney General during the preceding calendar year.
On or before February 1 of each year, the Attorney General shall prepare and submit a report to the Director of the Legislative Counsel Bureau, for transmittal to the Majority Leader of the Senate and the Speaker of the Assembly, describing preceding calendar year.racts by the Attorney General during the 2.
2.
(b) No officer, commissioner or appointee of the Executive Department of the Government of the State of Nevada shall employ any attorney at law or counselor at law to represent the State of Nevada within the State, or to be compensated by state funds, directly or indirectly, as an attorney acting within the State for the State of Nevada or any agency in the Executive Department thereof unless the Attorney General and the deputies of the Attorney General are disqualified to act in such matter.
(b) No officer, commissioner or appointee of the Executive Department of the Government of the State of Nevada shall employ any attorney at law or counselor at law to represent the State of Nevada within the State, or to be compensated by state funds, State of Nevada or any agency in the Executive Department thereofr the unless the Attorney General and the deputies of the Attorney General are disqualified to act in such matter.
- *SB38_R1* – 5 – Sec.
Sec.
(c) All causes to which any county may be a party, other than those in which the interest of the county may be adverse to the State, or any officer of the State, acting in his or her official capacity, and after judgment obtained in any such cause, the Attorney General shall direct such proceedings, and sue out such process as may be required to carry the same into execution.
- 81st Session (2021) – 5 – those in which the interest of the county may be adverse to the State, or any officer of the State, acting in his or her official capacity, and after judgment obtained in any such cause, the Attorney General shall direct such proceedings, and sue out such process as may be required to carry the same into execution.
Except as otherwise provided in NRS 228.111 to 228.1118, inclusive, and sections 2 to 11, inclusive, of this act, whenever the Governor directs or when, in the opinion of the Attorney General, to protect and secure the interest of the State it is necessary that a suit be commenced or defended in any federal or state court, the Attorney General shall commence the action or make the defense.
Except as otherwise provided in NRS 228.111 to 228.1118, inclusive, and sections 2 to 11, inclusive, of this act, whenever the Governor directs or when, in the opinion of the Attorney General, to protect and secure the interest of the State it is state court, the Attorney General shall commence the action or make the defense.
353.335 1.
6, a state agency may accept any gift or grant of property or services from any source only if it is included in an act of the Legislature authorizing expenditures of nonappropriated money or, when it is not so included, if it is approved as provided in subsection 2.
Except as otherwise provided in subsections 5 and 6, a state agency may accept any gift or grant of property or services from any source only if it is included in an act of the Legislature - *SB38_R1* – 6 – authorizing expenditures of nonappropriated money or, when it is not so included, if it is approved as provided in subsection 2.
(a) Any proposed gift or grant is necessary because of an emergency as defined in NRS 353.263 or for the protection or preservation of life or property, the Governor shall take reasonable and proper action to accept it and shall report the action and his or her reasons for determining that immediate action was necessary to the Interim Finance Committee at its first meeting after the action is taken.
(a) Any proposed gift or grant is necessary because of an emergency as defined in NRS 353.263 or for the protection or preservation of life or property, the Governor shall take reasonable and proper action to accept it and shall report the action and his or - 81st Session (2021) – 6 – the Interim Finance Committee at its first meeting after the action is taken.
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The Interim Finance Committee has 45 days after the proposal is submitted to its Secretary within which to consider acceptance.
The Interim Finance Committee has 45 days consider acceptance.
Any proposed acceptance which is not considered within the 45-day period shall be deemed approved.
Any proposed acceptance which is nothich to considered within the 45-day period shall be deemed approved.
(a) Gifts, including grants from nongovernmental sources, not exceeding $20,000 each in value;
(a) Gifts, including grants from nongovernmental sources, not exc(b) Governmental grants not exceeding $150,000 each in value, if the gifts or grants are used for purposes which do not involve the hiring of new employees and if the agency has the specific approval of the Governor or, if the Governor delegates this power of approval to the Chief of the Budget Division of the Office of Finance, the specific approval of the Chief.
and (b) Governmental grants not exceeding $150,000 each in value,  if the gifts or grants are used for purposes which do not involve the hiring of new employees and if the agency has the specific approval of the Governor or, if the Governor delegates this power of - *SB38_R1* – 7 – approval to the Chief of the Budget Division of the Office of Finance, the specific approval of the Chief.
(b) The Department of Health and Human Services while acting as the state health planning and development agency pursuant to paragraph (d) of subsection 2 of NRS 439A.081 or for donations, gifts or grants to be disbursed pursuant to NRS 433.395 or 435.490;
- 81st Session (2021) – 7 – (b) The Department of Health and Human Services while acting as the state health planning and development agency pursuant to paragraph (d) of subsection 2 of NRS 439A.081 or for donations, gifts or grants to be disbursed pursuant to NRS 433.395 or 435.490;
[or] (c) Legal services provided on a pro bono basis by an attorney or law firm engaged in the private practice of law to the State of Department of the State Government pursuant to a contract for legal services entered into by or at the request of the Attorney General in accordance with sections 2 to 11, inclusive of this act;
[or(c) Legal services provided on a pro bono basis by an attorney or law firm engaged in the private practice of law to the State of Nevada or any officer, agency or employee in the Executive Department of the State Government pursuant to a contract for legal services entered into by or at the request of the Attorney General in accordance with sections 2 to 11, inclusive of this act;
H - *SB38_R1*
~~~~~ 21 - 81st Session (2021)
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Amendments

1 amendment

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Action History

  1. Chapter 148.

  2. Approved by the Governor.

  3. Enrolled and delivered to Governor.

  4. In Senate. To enrollment.

  5. Read third time. Passed. Title approved. (Yeas: 26, Nays: 15, Not voting: 1.) To Senate.

  6. Taken from General File. Placed on General File for next legislative day.

  7. Taken from General File. Placed on General File for next legislative day.

  8. Read second time.

  9. From committee: Do pass.

  10. In Assembly. Read first time. Referred to Committee on Government Affairs. To committee.

  11. Read third time. Passed, as amended. Title approved. (Yeas: 19, Nays: 2.) To Assembly.

  12. From printer. To engrossment. Engrossed. First reprint. Taken from General File. Placed on General File for next legislative day.

  13. Read second time. Amended. (Amend. No. 14.) To printer.

  14. From committee: Amend, and do pass as amended.

  15. Read first time. To committee.

  16. From printer.

  17. Prefiled. Referred to Committee on Government Affairs. To printer.

Sponsors

  • Senate Committee on Government Affairs · Primary

Sponsorship breakdown

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1 sponsors · 0 co-sponsors · 66 not signed on

Sponsors (1)

  • Senate Committee on Government Affairs

Co-sponsors (0)

None.

Not signed on (66)

66 members have not signed on to this bill.

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"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.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Subjects

civil-rights
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Frequently asked questions

Who sponsors SB 38?
SB 38 is sponsored by Senate Committee on Government Affairs.
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This bill has been enacted into law. Introduced November 18, 2020. Enacted.
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