AB 239 — Makes various changes relating to government administration. (BDR 23-896)
Last action — Chapter 507.
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✓Introduced
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✓In Committee
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✓Passed Assembly
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✓Passed Senate
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✓To Executive
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6Enacted
This bill has been enacted into law. Introduced March 02, 2023. Enacted.
Signed by Governor Joe Lombardo (Republican) on June 15, 2023.
Prognosis
Where this bill stands today.
Odds of enactment
HighHow often bills like it became law.
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Enacted
Current position in the legislative process.
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1 sponsor
1 primary, 0 co-sponsors signed on.
Prognosis reads this bill's own signals — stage, sponsorship breadth, committee status, recorded votes and cross-state momentum. Odds come from a model trained on which bills have become law.
Bill Text
What changed in the latest version
513 added · 543 removedPlain-language change summary
The amendments to Assembly Bill No. 239 introduce several important updates to government administration procedures. Notably, it imposes limitations on awards to certain state employees from the State General Fund and establishes a requirement for the Advisory Council for Family Engagement to provide a list of qualified individuals for council membership. Additionally, the bill empowers the Committee on Testing for Intoxication to study and address issues related to driving under the influence, and it revises membership rules for various committees. These changes could improve accountability, enhance public safety, and ensure the effective functioning of state advisory bodies.
EXEMPTAssembly (ReprintedBill withNo. amendments adopted on April 19, 2023) FIRST REPRINT A.B.
239239–Committee ASSEMBLYon BGovernment ILLNAffairs O.CHAPTER..........
239–COMMITTEE ON G OVERNMENT AFFAIRS (O N BEHALF OF THE S UNSET SUBCOMMITTEE OF THE LEGISLATIVE C OMMISSION ) M ARCH 2, 2023 ____________ Referred to Committee on Commerce and Labor SUMMARY—Makes various changes relating to government administration.
(BDR 23-896) FISCAL NOTE:
EfEffect on the State:
Contains Appropriation not included in Executive Budget.
~ EXPLANATION – Matter in bolded italics is new;
matter between brackets [omitted material] is material to be omitted.
creating the Merit Award Account in the State General Fund for purposes of funding awards to certain state employees;
-Legislative *AB239_R1*Counsel’s –Digest: 2 – LegExisting law creates the Merit Award Program and requires that the Merit Award Board investigate, review and evaluate the merits of certain proposed suggestions of any state employee or group of state employees.
(NRSExisting 285.020,law 285.030,creates 285.040)the ExistingMerit lawAward providesProgram and requires that anthe awardMerit madeAward fromBoard theinvestigate, Programreview must,and insofarevaluate asthe ismerits practicable,of becertain paidproposed fromsuggestions moneyof otherany thanstate moneyemployee inor thegroup Stateof Generalstate Fund.employees.
(NRS 285.020, must, insofar as is practicable, be paid from money other than money in the State General Fund.
Section 2 of this bill eliminates the limitation on money from the State General Fund being used theto purposepay of funding the administration of the Board during the 2023-2025Board for biennium.an award.
Section 15 of this bill makes an appropriation to the Board for biennium.
Existing law requires the Superintendent of Public Instruction to establish an Advisory Council for Family Engagement, composed of 11 members, that has variousThe dutiesmembers relatingof tothe parentalAdvisory involvementCouncil andare familyappointed engagementby inthe Superintendent, schools.
The- members82nd ofSession the(2023) Advisory– Council2 are– appointed by the Superintendent, Speaker of the Assembly and Majority Leader of the Senate.
(NRS 385.610) Section 3 of this bill requires the Advisory Council, at least 30 days before the beginning of any member’s term, or within 30 days after a position on the Advisory Council becomes vacant, to submit to the relevant appointing authority the names of at least three persons who are qualified for membership on the Advisory Council.
Existing law creates the Statewide Alert System for the Safe Return of Abducted Children, which is composed of a voluntary partnership among certain law enforcement agencies and broadcasters to assist in the search for and safe return of abducted children.
(NRS 432.340) The System is overseen, supervised, evaluated, monitored and tested by the Committee for the Statewide Alert System, of 15 members, including, in relevantconsultation part,with 5 members who represent local lawts enforcement agencies, appointed by the GovernorAttorney andGeneral. 5 members who represent state law enforcement agencies, appointed by the Governor.
(NRS 432.360) The Committee consists of 15 members, including, in relevant part, 5 members who represent local law enforcement agencies, appointed by the Governor and 5 members who represent state law enforcement agencies, appointed by the Governor.
Existing law creates the Committee on Testing for Intoxication, consisting of certifyingfive devicesmembers. that test a person’s breath to determine the concentration of alcohol in the person’s breath.
(NRS 484C.610)484C.600) SectionThe 8Committee ofhas thisvarious billduties authorizesrelating to certifying devices that test a person’s breath to determine the concentration of Committee to also:
(1) study and make recommendations to the Director of theizes the Department of Public Safety regarding the best practices, technologies and methods of detecting and determining the concentration of alcohol or the presence of a controlled substance or another prohibited substance and the effect of driving under the influence of alcohol, a controlled substance or other prohibited substance;
(2) determine and certify whether a device or method is accurate and reliable for the purpose of testing a sample to determine the concentration of alcohol or the maintainpresence andof make available to the public a listcontrolled ofsubstance thoseor devicesanother andprohibited methodsreate,substance; certified by the Commission.
and (3) create, maintain and make available to the public a list of those devices and methods certified by the Commission.
- *AB239_R1* – 3 – Section 9 of this bill makes a conforming change to clarify that evidence of certain tests are not admissible in a criminal proceeding unless it is shown that the device for testing a person’s breath or other sample was certified by the Committee and was calibrated, maintained and operated as provided in such regulations.
Existingseven lawmembers, createsto thehear Appealscertain Panelgrievances forrelated Industrialto Insurance,industrial consistinginsurance. of 616B.760-616B.787) The Appeals Panel must meet at the times and placesnce.
(NRS of 616B.760-616B.787) The Appeals Panel must meet at the times and places specified by a call of the Chair of the Appeals Panel, and the Chair must:
Existing law creates the Medical Laboratory Advisory Committee to advise the State Board of Health on matters of policy concerning medical laboratories, the qualifications of laboratory directors and personnel and certain other matters.
The - 82nd Session (2023) – 3 – Board is required to appoint various persons to the Advisory Committee.
(1) provides that if a vacancy in the membership of the Advisory Committee occurs, the Advisory Committee is required to submit a letter to the Board with a recommendation to fill the existing vacancy;
and (2) requires the Advisory Committee to determine at least once per Advisoryyear Committeewhether toany meetvacancy at least once every year.ection 13 also requires the Existing law creates the Credit Union Advisory Council, consisting of five members appointed by the Governor, to consult with, advise and make recommendations to the Commissioner of Financial Institutions in allits mattersmembership pertainingexists. to credit unions.
Section 13 also requires the Advisory Committee to meet at least once every year.
Existing law creates the Credit Union Advisory Council, consisting of five recommendations to the Commissioner of Financial Institutions in all matters pertaining to credit unions.
and (2) certaineliminates salarythe forexisting attendanceprovision atthat meetings.ncilcouncil members are entitled to receive a THEcertain PEOPLEsalary OFfor THEattendance STATEat OFmeetings. NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
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:
Except as otherwise provided in this section, after reviewing and evaluating an employee suggestion, the Board, in - *AB239_R1* – 4 – consultation with the Budget Division of the Office of Finance, may make an award to the state employee or to each state employee of a group of state employees who submitted the employee suggestion.
- 82nd Session (2023) – 4 – (a) The reduction, elimination or avoidance of state expenditures or any improvement in the operation of the State Government made possible by the employee suggestion;
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3.
An award made pursuant to this section may not exceed:
A former state employee is eligible to receive an award pursuant to this section if the person was a state employee at the time he or she submitted an employee suggestion, or was a member of a group of state employees who submitted an employee a member suggestion, that is subsequently adopted.
- *AB239_R1* – 5 – 8.
and (b) After a revision to the appropriate work program pursuant to NRS 353.220, the remaining balance must be used by the state agency that employs the state employee or the group of state employees- who82nd submittedSession the(2023) employee– suggestion5 for– one-time, nonoperational expenses which do not require ongoing maintenance, including, without limitation, training and equipment.
(f) One member of the board of trustees of a school district in a countycou(g) whoseOne populationmember who is lessthe thanPresident 100,000;of the Board of Managers of the Nevada Parent Teacher Association or its successor organization, or a designee nominated by the President.
and (g) One member who is the President of the Board of Managers of the Nevada Parent Teacher Association or its successor organization, or a designee nominated by the President.
The Chair and Vice Chair serve a term of 1 year.
(a) The term of each member of the Advisory Council who is appointed by the Superintendent of Public Instruction is 3 years.
- *AB239_R1* – 6 – (b) The term of each member of the Advisory Council who is appointed by the Speaker of the Assembly and the Majority Leader of the Senate is 2 years.
The Advisory Council shall, at least 30 days before the beginning of any member’s term, or within 30 days after a position on the Advisory Council becomes vacant, submit to the relevant appointing authority, as set forth in subsection 2, 3 or 4, as applicable,- the82nd namesSession of(2023) at– least6 three– persons qualified for membership on the Advisory Council.Council.hree persons qualified for 8.
8.
The compensation, per diem allowances and travel expenses of the legislative members of the Advisory Council must be paid from thethe[9.] Legislative10. Fund.
[9.] 10.
(a) [Five] Three members [appointed by the Governor] who represent local law enforcement agencies [;] , appointed by the Governor from among the names of nominees provided to the Governor pursuant to subsection 5;
- *AB239_R1* – 7 – (b) [Five] Three members [appointed by the Governor] who represent state law enforcement agencies [;] , appointed by the Governor from among the names of nominees provided to the Governor pursuant to subsection 5;
- 82nd Session (2023) – 7 – (d) One representative of the Nevada Broadcasters Association or its successor, appointed by that Association;
(f) The Advocate for Missing or Exploited Children, appointed pursuant to NRS 432.157;
andanding or Exploited Children, appointed (g) One representative of the public at large, appointed by the Governor from among the names of nominees provided to the Governor pursuant to subsection 5.
In making a list of names, the Committee shall provide nominees whoGovernor representshall appoint a new member or fill the demographicvacancy diversityfrom ofthe thislist, State.or request a new list.
The Governor shall appoint a new member or fill the vacancy from the list, or request a new list.
Sec.Secs.
5.5-7.
6.
(Deleted by amendment.) Sec.
7.
(Deleted by amendment.) Sec.
- *AB239_R1* – 8 – (a) Study and make recommendations to the Director of the Department of Public Safety regarding the best practices, technologies and methods of detecting and determining the concentration of alcohol or the presence of a controlled substance or another prohibited substance and the effect of driving under the influence of alcohol, a controlled substance or another prohibited substance;
(b)- Determine82nd andSession certify(2023) whether– a8 device– or method is accurate and reliable for the purpose of testing a person’s blood, urine or other sample to determine the concentration of alcohol or the presence of a controlled substance or another prohibited substance;
[(b) The] (2) Require the certification of persons who make those calibrationscal[(c) The] [;] or verifications;
[(c) The] (3) Require the certification of persons who operate devices or methods for testing a person’s blood , [or] urine or other sample to determine the concentration of alcohol or presence of a controlled substance or another prohibited substance in the person’s blood , [or] urine [;
The Committee may adopt regulations that prescribe] (5) Prescribe the essential procedures for the proper operation of the various types of devices [used] or methods to test a person’s blood , [or] urine or other sample to determine the concentration of alcohol or the presence of a controlled substance or another prohibited substance in the person’s blood , [or] urine [.] or otheroth2. sample.
2.saIf a device or method has been certified by the Committee to be accurate and reliable pursuant to this section, it is presumed that the device or method is accurate and reliable for the purpose of testing a person’s blood, urine or other sample to determine the concentration of alcohol or the presence of a controlled substance or another prohibited substance.
If a device or method has been certified by the Committee to be accurate and reliable pursuant to this section, it is presumed that the device or method is accurate and reliable for the purpose of testing a person’s blood, urine or other sample to determine the - *AB239_R1* – 9 – concentration of alcohol or the presence of a controlled substance or another prohibited substance.
This section does not preclude the admission of evidence of the concentration of alcohol or the presence of a controlled substance or another prohibited substance in a person’s blood, - 82nd Session (2023) – 9 – urine or other sample where the information is obtained through the use of a device or method other than one certified by the Committee.
488.480chemical 1.test provided for in NRS 488.450 or 488.460, evidence of that refusal is admissible in any criminal action arising out of acts alleged to have been committed while the person was:
If a person refuses to submit to a required chemical test provided for in NRS 488.450 or 488.460, evidence of that refusal is admissible in any criminal action arising out of acts alleged to have been committed while the person was:
Evidence of a required test is not admissible in a criminal proceeding unless it is shown by documentary or other evidence that the device for testing a person’s breath or other sample was certified pursuant to NRS 484C.610 or 484C.640, as applicable, and was calibrated, maintained and operated as provided by the regulations of the Committee on Testing for Intoxication adopted pur5.antIf the device for testing a person’s breath or other sample has been certified by the Committee on Testing for Intoxication to be accurate and reliable pursuant to NRS 484C.620,484C.610 484C.630[,] or 484C.640.484C.640, it is presumed that, as designed and manufactured, the device is accurate and reliable for the purpose of testing a person’s breath or other sample to determine the concentration of alcohol , a controlled substance or another prohibited substance in the person’s breath [.] or other sample.
5.
If the device for testing a person’s breath or other sample has been certified by the Committee on Testing for Intoxication to be accurate and reliable pursuant to NRS 484C.610 [,] or 484C.640, it is presumed that, as designed and manufactured, the device is accurate and reliable for the purpose of testing a person’s breath or other sample to determine the concentration of alcohol , a controlled substance or another prohibited substance in the person’s breath [.] or other sample.
If a test to determine the amount of alcohol a controlled substance or another prohibited substance in a person’s breath or - *AB239_R1* – 10 – other sample has been performed with a certified type of device by a person who is certified pursuant to NRS 484C.630 or 484C.640, it is presumed that the person operated the device properly.
- 82nd Session (2023) – 10 – 7.
(a) Information is obtained through the use of a device other than one of a type certified by the Committee on Testing for Intoxication.Int(b) Test has been performed by a person other than one who is certified by the Director.
(b) Test has been performed by a person other than one who is certified by the Director.
and (c)in Ensurean thatefficient themanner.meetings meetings of the Appeals Panel are conducted in2. an efficient manner.
2.
- *AB239_R1*82nd Session (2023) – 11 – 3.
(a)American TwoBoard pathologists,of certifiedPathology.tified in clinical pathology by the American(b) BoardTwo ofmedical Pathology.technologists.
(b) Two medical technologists.
Each member of the Advisory Committee is entitled to receive:rec(a) A salary of not more than $60, as fixed by the Board, for each day’s attendance at a meeting of the Committee;
(a) A salary of not more than $60, as fixed by the Board, for each day’s attendance at a meeting of the Committee;
The Credit Union Advisory Council, consisting of five members appointed by the Governor, is hereby created to - 82nd Session (2023) – 12 – consult with, advise and make recommendations to the Commissioner in all matters pertaining to credit unions.
- *AB239_R1* – 12 – 2.
The Governor shall appoint members who have tested credit union experience from a list of recommended names submitted by the3.evAfter the Nevadainitial Creditterms, Unionmembers League.serve terms of 4 years, except when appointed to fill unexpired terms.
3.
After the initial terms, members serve terms of 4 years, except when appointed to fill unexpired terms.
Any remaining balance of the appropriation made by subsection 1 must not be committed for expenditure after June 30, 2025, by the entity to which the appropriation is made or any entity to which money from the appropriation is granted or otherwise transferred in any manner, and any portion of the appropriated money remaining must not be spent for any purpose after September 19, 2025, by either the entity to which the money was appropriated or the entity to which the money was subsequently granted or transferred, and must be reverted to the State General FundFunSec. on or before September 19, 2025.
Sec.
Sec.- 82nd Session (2023) – 13 – become effective upon passage and approval.
17.15 and 16 of this act 2.
1.
This section and sections 1, 15 and 16 of this act become effective upon passage and approval.
2.
- *AB239_R1* – 13 – (a) Upon passage and approval for the purpose of adopting any regulations and performing any other preparatory administrative tas(b)tasks Onthat Januaryare 1,necessary 2024,to forcarry allout otherthe purposes.nsprovisions of this act;
and 3.(b) On January 1, 2024, for all other purposes.
3.
H~~~~~ 23 - *AB239_R1*82nd Session (2023)
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View plain text versions (3)
- Enrolled As Enrolled Current pdf
- Reprint 1 View text pdf
- Introduced As Introduced pdf
Amendments
1 amendmentClick Show changes on an amendment above to see how it modifies the bill.
Action History
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Chapter 507.
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Approved by the Governor.
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Enrolled and delivered to Governor.
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Read third time. Passed. Title approved. (Yeas: 21, Nays: None.) To Assembly. In Assembly. To enrollment.
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From committee: Do pass. Placed on General File. Taken from General File. Placed on General File for next legislative day.
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From committee: Do pass. Placed on Second Reading File. Read second time. Taken from General File. Re-referred to Committee on Finance. To committee.
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In Senate. Read first time. Referred to Committee on Legislative Operations and Elections. To committee.
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Read third time. Passed, as amended. Title approved, as amended. (Yeas: 41, Nays: None, Excused: 1.) To Senate.
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From committee: Do pass, as amended. Placed on General File. Taken from General File. Placed on General File for next legislative day.
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From printer. To engrossment. Engrossed. First reprint. To committee.
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Read second time. Amended. (Amend. No. 73.) Rereferred to Committee on Ways and Means. Exemption effective. To printer.
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From committee: Amend, and do pass as amended.
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Notice of eligibility for exemption.
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From printer. To committee.
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Read first time. Referred to Committee on Commerce and Labor. To printer.
Sponsors
- Assembly Committee on Government Affairs · Primary
Sponsorship breakdown
Export CSV (upgrade) →1 sponsors · 0 co-sponsors · 66 not signed on
Sponsors (1)
- Assembly Committee on Government Affairs
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.
Frequently asked questions
- Who sponsors AB 239?
- AB 239 is sponsored by Assembly Committee on Government Affairs.
- What is the current status of AB 239?
- This bill has been enacted into law. Introduced March 02, 2023. Enacted.
- Where can I track AB 239?
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