Existing law creates the Office of Nevada Boards, Commissions and Councils Standards of the Department of Business and Industry and sets forth the powers and duties of the Office. (NRS 232.8413, 232.8415) This bill revises, in skeleton form, the powers and duties of the Office.
Existing law provides, with certain exceptions, that all professional and occupational licensing boards created by the Legislature are under the purview of the Office. (NRS 232.8415) Section 24 of this bill adds various other boards, commissions, councils and similar bodies within the Executive Department of the State Government to the purview of the Office. Section 11 of this bill requires the Office to provide administrative services to each board, commission, council and similar body under its purview, including, without limitation, legal services, accounting services, information technology services, services pertaining to activities designed to influence the passage or defeat of any legislation and the services of hearing officers to adjudicate contested cases. Section 11 requires the Office to prescribe a fee to cover the costs for such services and adopt such procedures as the Office may deem appropriate for the billing or collection of such fees from a board, commission, council or similar body to which such services are provided. Section 11 prohibits a board, commission, council or similar body under the purview of the Office from paying any compensation to a natural person or entity other than the Office for a service that the Office provides. This bill would eliminate all provisions of existing law to the contrary. For example, existing law requires a regulatory body to determine whether a contested case will be heard by the regulatory body or a hearing panel or officer. (NRS 622A.300) Section 79 of this bill requires any contested case before a regulatory body that is a professional or occupational licensing board under the purview of the Office to be heard by a hearing officer employed by the Office. Similarly, section 83 of this bill eliminates the authority of the Nevada State Board of Accountancy to employ attorneys, as legal services for the Board would be provided by the Office.
Section 11 requires all money collected by the Office for the provision of services to boards, commissions, councils and similar bodies under its purview to be deposited in the State Treasury for credit to the Office of Nevada Boards, Commissions and Councils Standards Account, which is created by section 12 of this bill.
Existing law requires the Director of the Department of Business and Industry to retain the required staff to effectively administer the responsibilities of the Office. (NRS 232.8413) Section 23 of this bill provides that such staff may include, without limitation, hearing officers, accountants and other professional, clerical and operational employees. Section 6 of this bill authorizes the Director to appoint a General Counsel of the Office and deputies to the General Counsel.
Section 15 of this bill: (1) requires the Office to maintain an Internet website through which each board, commission, council and similar body under the purview of the Office may post information; and (2) prohibits such a board, commission, council or similar body from posting information on any other Internet website. The bill would eliminate any provisions of existing law to the contrary. For example, existing law requires the Nevada State Board of Accountancy to maintain a website on the Internet and post certain information on that website. (NRS 628.130) Section 84 of this bill requires that information to instead be posted on the Internet website maintained by the Office.
Section 13 of this bill sets forth the process that a board, commission, council or similar body under the purview of the Office must use if it wishes that a request for the drafting of a legislative measure be submitted to the Legislative Counsel.
Sections 7-9 of this bill require the Office, with certain exceptions, to periodically review each board, commission, council and similar body in this State within the Executive Department of the State Government and set forth procedures for conducting such a review. At the conclusion of such a review, section 9 requires the Deputy Director to submit to the Governor his or her recommendation as to whether the board, commission, council or similar body should be terminated, modified, consolidated with another board, commission, council or similar body or continued. Section 9 requires the Governor, if necessary, to request the drafting of a legislative measure to effectuate the recommendation. If the board, commission, council or similar body is an advisory body subject to termination pursuant to section 29 of this bill and the Deputy Director makes certain specified findings concerning the advisory body, section 9 requires the Deputy Director to submit a notice to the Governor and the Director of the Legislative Counsel Bureau recommending the continuation of the board, commission, council or similar body.
Section 29 requires any legislative measure enacted on or after July 1, 2026, which contains a provision creating an advisory body, with certain exceptions, to provide for the expiration by limitation of the provision 2 years after effective date of the provision. However, section 29 also requires such legislation to provide for the extension of the provision for a period of 2 years each time the Deputy Director submits a notice to the Governor and the Director of the Legislative Counsel Bureau described in section 9 recommending the continuation of the advisory body. As such, under section 29, any advisory body created on or after July 1, 2026, would terminate automatically after 2 years, but may be extended in 2-year increments if the Deputy Director, after a review of the advisory body, makes certain findings resulting in a recommendation for the continuation of the advisory body.
Section 10 of this bill authorizes the Office to: (1) establish procedures and requirements relating to the appointment of members to a board, commission, council or similar body under the purview of the Office; and (2) require any such body, before entering into a contract of any kind, to submit the contract to and obtain the approval of the Office.
Section 14 of this bill makes the person appointed by the Governor as the administrative head of the department within which a board, commission, council or similar body under the purview of the Office, other than a professional or occupational licensing board, responsible for the effective operation of the board, commission, council or similar body. Section 14 provides that such boards, commissions, councils or similar bodies are authorized to meet only upon: (1) the call of the Chair of the board, commission, council or similar body; (2) the written request of a majority of the members of the board, commission, council or similar body; or (3) the call of the administrative head of the department responsible for its effective operation. This bill would eliminate all provisions of existing law to the contrary. For example, section 21 of this bill removes provisions requiring the Advisory Council of the Division of Industrial Relations of the Department of Business and Industry to meet at least once annually. (NRS 232.580) All similar provisions requiring a board, commission, council or similar body under the purview of the Office that is not a professional or occupational licensing board to meet a certain number of times per year would be eliminated.
Section 16 of this bill authorizes the Office to have access to, inspect, copy and subpoena various records and use the information obtained to resolve matters relating to its duties.
This bill also provides, in skeleton form, for various revisions to provisions relating to the membership of various boards, commissions, councils and similar bodies under the purview of the Office. For example, under existing law, the members of the Advisory Council of the Division of Industrial Relations are appointed by the Governor. (NRS 232.570) Section 20 of this bill makes the Director of the Department of Business and Industry responsible for appointing the members of the Advisory Council. This bill would similarly make the administrative head of the department in which a board, commission, council or similar body under the purview of the Office that is not a professional or occupational licensing board responsible for the appointment of the members required to be appointed by the Governor under existing law. Section 20 also provides that the term of office for a member of the Advisory Council is 2 years and that a member may not serve more than two terms. This bill would apply those term limits and terms of office to every board, commission, council or similar body under the purview of the Office that is not a professional or occupational licensing board.
This bill would also standardize the term limits and terms of office for professional and occupational licensing boards under the purview of the Office. For example, under existing law, a member of the State Contractors' Board serves a term of 3 years and is not limited in the number of terms he or she may serve. (NRS 232A.020, chapter 624 of NRS) However, an appointed member of the State Barbers' Health and Sanitation Board serves a term of 4 years and is prohibited from serving more than three terms. (NRS 643.020) Sections 81 and 94 of this bill provide that the term of office for the appointed members of both of these boards is 4 years and each such member is prohibited from serving more than two terms. This bill would apply such term limits and terms of office to every professional and occupational licensing board under the purview of the Office.
This bill would also standardize the compensation to be paid to members of the boards, commissions, councils and similar bodies under the purview of the Office. For example, under existing law, each member of the Advisory Council of the Division of Industrial Relations is entitled to receive a salary of $60 for each day's attendance at a meeting of the Council. (NRS 232.590) Section 22 of this bill requires the members to serve without compensation, but provides that each member is entitled to receive the per diem allowance and travel expenses provided for state officers and employees generally. This bill would require all members of all boards, commissions, councils and similar bodies under the purview of the Office, other than a professional or occupational licensing board, to serve without compensation. However, each member would be entitled to receive the per diem allowance and travel expenses provided for state officers and employees generally.
This bill would also standardize the compensation to be paid to members of professional and occupational licensing boards under the purview of the Office. For example, under existing law, each member of the State Board of Pharmacy is entitled to receive: (1) a salary of not more than $150 per day, as fixed by the Board, while engaged in the business of the Board; and (2) a per diem allowance and travel expenses at a rate fixed by the Board, while engaged in the business of the Board, which must not exceed the rate provided for state officers and employees generally. (NRS 639.050) Section 92 of this bill requires those rates to be fixed by the Deputy Director of the Office, with the approval of the Director of the Department of Business and Industry, rather than the Board. This bill would add similar provisions with respect to every professional and occupational licensing board under the purview of the Office.
In addition to requiring each board, commission, council or similar body under its purview to utilize the administrative services of the Office, this bill would require the Director of the Department of Business and Industry to appoint each executive director of a professional or occupational licensing board, rather than the board itself. For example, existing law authorizes the State Board of Nursing to appoint an Executive Director to perform such duties as the Board may direct and to set the compensation of the Executive Director. (NRS 632.060) Section 88 of this bill requires the Executive Director to instead be appointed by the Director of the Department of Business and Industry and to serve at a level of compensation set by the Deputy Director of the Office. Under section 88, the Executive Director of the Board serves at the pleasure of the Director and is required to perform such duties as are directed by the Deputy Director, as advised by the Board. This bill would add similar provisions with respect to each executive director or person with similar responsibilities of each professional or occupational licensing board. Section 88 also eliminates a requirement specific to the State Board of Nursing that requires the Executive Director of the Board to be a professional nurse licensed in this State.
Section 87 of this bill authorizes the Board of Dental Examiners of Nevada, by regulation, to defer the expiration of a license issued by the Board to a person who is on active duty in any branch of the Armed Forces of the United States or who is the spouse or dependent child of such a person. This bill would similarly authorize every professional and occupational licensing board under the purview of the Office to take such action.
Existing law creates the Commission on Postsecondary Education within the Employment Security Division of the Department of Employment, Training and Rehabilitation and makes the Administrator of the Division, through the Administrator of the Commission, responsible for the administration of provisions of existing law governing the licensure and regulation of certain academic, vocational, technical and business schools and privately owned colleges and universities. (NRS 394.383, 612.220) Sections 50 and 73 of this bill: (1) move the Commission from within the Employment Security Division to be within the Department of Business and Industry; (2) revise the membership of the Commission to replace a nonvoting member who is an employee of the Department of Employment, Training and Rehabilitation with a nonvoting member who is an employee of the Department of Business and Industry; and (3) eliminate the responsibility of the Administrator of the Employment Security Division with respect to the provisions of existing law governing the licensure and regulation of certain schools, colleges and universities.
Section 25 of this bill requires the Office of Minority Health and Equity of the Department of Health and Human Services, rather the Director of the Department of Business and Industry, to provide staff assistance to the Nevada Commission on Minority Affairs, except for those services provided by the Office pursuant to section 11.
This bill would eliminate, consolidate or revise the membership of various boards, commissions, councils and similar bodies both under and outside the purview of the Office.
The Nevada Air Service Development Commission would be eliminated and its duties transferred to the Nevada Aviation Technical Advisory Committee. (NRS 231.600-231.700) For example, section 1 of this bill transfers the duty to administer the Nevada Air Service Development Fund and to adopt certain regulations from the Commission to the Nevada Aviation Technical Advisory Committee.
The Nevada Commission for Persons Who Are Deaf and Hard of Hearing would be eliminated and its duties transferred to the Nevada Equal Rights Commission. (NRS 233.030, 427A.750) Section 26 of this bill revises the membership of the Nevada Equal Rights Commission.
The State Historical Records Advisory Board and the Committee to Approve Schedules for the Retention and Disposition of Official State Records would be eliminated. (NRS 239.073, 378A.030) The duties of those bodies would be transferred to the State Records and Historical Advisory Council created by section 30 of this bill.
The Human Resources Commission, the Employee-Management Committee and Committee on Catastrophic Leave would be eliminated. (NRS 284.030, 284.068, 284.3627) The duties of those bodies would be transferred to the Committee on Human Resources created by section 31 of this bill.
The Merit Award Board, the Nevada Awards and Honors Board and any selection committee for nominations of persons to receive the Nevada Medal of Distinction would be eliminated. (NRS 223.964, 223.966, 285.030) The duties of those bodies would be transferred to the Nevada Merit and Honors Board created by section 32 of this bill.
The Commission for Cultural Centers and Historic Preservation and the Comstock Historic District Commission would be eliminated. (NRS 383.500, 384.040) The duties of those commissions would be transferred to the Commission for Cultural and Historic Preservation created by section 37 of this bill.
The Commission on Innovation and Excellence in Education and the Nevada State Teacher and Education Support Professional Recruitment and Retention Advisory Task Force would be eliminated. (NRS 385.910, 391.492) The duties of those bodies would be transferred to the Nevada Commission on Innovation, Excellence and Education Workforce Development created by section 38 of this bill.
The committee on statewide school safety and the Advisory Committee on the Safety and Well-Being of Public School Staff would be eliminated. (NRS 388.1324, 391.942) The duties of those bodies would be transferred to the Advisory Committee on School and Staff Safety created by section 43 of this bill.
The Commission on Professional Standards in Education and the Statewide Council for the Coordination of the Regional Training Programs would be eliminated. (NRS 391.011, 391A.130) The duties of those bodies would be transferred to the Nevada Commission on Professional Standards and Regional Education Training created by section 48 of this bill.
The Advisory Board on Outdoor Recreation would be eliminated and its duties transferred to the State Outdoor Recreation and Education Advisory Council created by section 51 of this bill. (NRS 407A.575)
The Board of Search and Rescue, the State Disaster Identification Coordination Committee and the Intrastate Mutual Aid Committee would be eliminated. (NRS 414.170, 414.270, 414A.110) The duties of those bodies would be transferred to the Nevada Emergency Response and Disaster Coordination Board created by section 52 of this bill.
Existing federal regulations require that the State Plan for Medicaid provide for a Medicaid Advisory Committee and a Beneficiary Advisory Council to advise the state agency for the Medicaid program on matters of concern related to policy development and matters related to the effective administration of the Medicaid program. (42 C.F.R. § 431.12) Sections 55-58 of this bill establish such a Medicaid Advisory Committee and Beneficiary Advisory Council and set forth the duties of those bodies. This bill would eliminate the Medical Care Advisory Committee and each reinvestment advisory committee and transfer the duties of those bodies to the Medicaid Advisory Committee created by section 56 of this bill. (NRS 422.151, 422.205)
The Nevada Commission on Aging and the Task Force on Alzheimer's Disease would be eliminated. (NRS 427A.032, 439.5083) The duties of those bodies would be transferred to the Nevada Commission on Aging and Cognitive Health created by section 60 of this bill.
Existing law creates a mental health consortium in each county whose population is 100,000 or more (currently Clark and Washoe Counties) and in the region consisting of all counties whose population are less than 100,000 (currently all counties other than Clark and Washoe Counties). (NRS 433B.333) This bill would eliminate those provisions. The duties of the mental health consortiums would be transferred to the Nevada Children's