LEGISLATIVE COMMISSION

AUGUST 21, 2019

MEETING PACKET

III.

MINUTES OF THE JUNE 25, 2019 MEETING

MINUTES OF THE LEGISLATIVE COMMISSION LEGISLATIVE COUNSEL BUREAU Nevada Revised Statutes (NRS) 218E.150

The Legislative Commission held its second meeting in Calendar Year 2019 on Tuesday, June 25, 2019. The meeting began at 1:30 p.m. in Room 4401 of the Grant Sawyer State Office Building, 555 East Washington Avenue, , Nevada, and was videoconferenced to Room 4100 of the Legislative Building, 401 South Carson Street, Carson City, Nevada.

COMMISSION MEMBERS PRESENT:

Senator Nicole J. Cannizzaro, Chair Senator , Vice Chair Senator Moises (Mo) Denis Senator Joseph (Joe) Hardy, M.D. Senator James A. Settelmeyer Assemblywoman Teresa Benitez-Thompson Assemblywoman Assemblyman Richard (Skip) Daly Assemblyman Assemblywoman Assemblyman

COMMISSION MEMBER ABSENT:

Senator Scott T. Hammond

LEGISLATIVE COUNSEL BUREAU STAFF PRESENT:

Rick Combs, Director Rocky Cooper, Legislative Auditor, Audit Division Cindy Jones, Assembly Fiscal Analyst, Fiscal Analysis Division Brenda J. Erdoes, Legislative Counsel, Legal Division Risa B. Lang, Chief Deputy Legislative Counsel, Legal Division Michael J. Stewart, Research Director, Research Division

Jan Brase, Research Policy Assistant, Research Division Sylvia A. Wiese, Executive Assistant, Director's Office

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Items taken out of sequence during the meeting have been placed in agenda order.

AGENDA ITEM I—ROLL CALL

Chair Cannizzaro called the meeting to order.

AGENDA ITEM II—PUBLIC COMMENT

Chair Cannizzaro called for public comment; however, no testimony was presented.

Chair Cannizzaro recognized the upcoming retirement of Rocky Cooper, Legislative Auditor, Audit Division, Legislative Counsel Bureau (LCB). She noted after earning his master’s degree, Mr. Cooper joined the LCB in January 1990, and he has since been a valuable member of the LCB staff. Chair Cannizzaro expressed her thanks and best wishes for an enjoyable and restful retirement.

Rocky Cooper, previously identified, conveyed his appreciation and noted the importance of the support that the Audit Division staff receives from the Legislature and the Legislative Commission in ensuring that state agencies implement audit recommendations. He said working with the staff of the LCB, Director Rick Combs, and the Legislature has been an honor.

Assemblywoman Benitez-Thompson, Senator Denis, and Senator Settelmeyer expressed their gratitude to Mr. Cooper for his professionalism and many years of dedicated service to the LCB and the Audit Division. They noted that meaningful policy changes and improvements to state services have been implemented as a result of Mr. Cooper’s efforts.

AGENDA ITEM III–APPROVAL OF MINUTES OF THE DECEMBER 19, 2018, AND JUNE 3, 2019, MEETINGS

MOTION: Senator Settelmeyer moved to approve the minutes of the December 19, 2018, meeting. The motion was seconded by Assemblywoman Carlton and passed unanimously.

MOTION: Assemblyman Frierson moved to approve the minutes of the June 3, 2019, meeting. The motion was seconded by Senator Hardy and passed unanimously.

AGENDA ITEM IV—LEGISLATIVE COMMISSION POLICY

A. Review of Administrative Regulations Submitted Pursuant to NRS 233B.067.

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Please see the attached list of regulations (Agenda Item IV A-1) to be considered. The list of regulations can be accessed electronically at: https://www.leg.state.nv.us /Register/IndexesRegsReviewed/LCMtg_List_2019_Jun25.pdf.

The following regulations were identified by members to be held for discussion: R078-17, R055-18, R057-18, R105-18, R114-18, R119-18, R130-18, R161-18, R168-18, R177-18, R178-18, R180-18, R187-18, and R192-18.

Rick Combs, previously identified, noted two regulations included in the meeting materials have been removed at agencies’ request: R012-18 and R167-18.

MOTION: Senator Settelmeyer moved approval of R009-17, R041-17, R004-18, R005-18, R007-18, R069-18, R071-18, R106-18, R107-18, R110-18, R112-18, R113-18, R116-18, R117-18, R118-18, R145-18, R154-18, R158-18, R 159-18, R160-18, and R198-18. The motion was seconded by Senator Hardy and passed unanimously.

Regulation R078-17 A REGULATION relating to educational personnel; prescribing the qualifications for an endorsement to serve as a mental health professional in a school; and providing other matters properly relating thereto (Agenda Item IV A-2).

Assemblywoman Benitez-Thompson noted the proposed regulation identifies positions that fall under the definition “mental health professional.” She indicated licensed clinical social workers are not included in the classification and requested clarification.

Michael Arakawa, Background Investigations Manager, Nevada’s Department of Education (NDE), explained the regulation was brought forward at the request of the Office for a Safe and Respectful Learning Environment (OSRLE) (NRS 388.1323), NDE. He said there is a separate path to licensure for clinical social workers, which is outlined in another regulation, and that inclusion of the professional category in R078-17 may lead to misunderstandings.

Mr. Arakawa affirmed Assemblywoman Benitez-Thompson was correct in her understanding that the proposed regulation will not prevent or exclude licensed clinical social workers from providing services offered by mental health professionals as defined in R078-17. He further explained, the OSRLE requested the proposed regulation clearly delineate professions defined as mental health professionals in order to provide clarity.

In response to Senator Hardy’s inquiry, Mr. Arakawa explained that under the proposed regulation, a licensed nurse practitioner who is a specialist in mental

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health will not be excluded from classification as a school mental health professional. Assemblywoman Benitez-Thompson requested clarification of provisions of R158-18, which relate to school nurses who hold a special license with an endorsement.

Jason E. Dietrich, Director, Office of Educator Licensure, NDE, and Secretary, Commission on Professional Standards in Education (NRS 391.011), explained R158-18 relates to competency testing exemptions for certain school nurses and is unrelated to issues addressed by R078-17.

Senator Hardy expressed his concern that regulations may restrict qualified, licensed mental health professionals from providing services to students in Nevada.

Mr. Dietrich assured Senator Hardy that anyone who holds a mental health professional license issued by a licensing board in the State of Nevada would qualify for an endorsement identified in R158-18.

MOTION: Assemblywoman Benitez-Thompson moved approval of R078-17. The motion was seconded by Senator Denis and passed unanimously.

Regulation R105-18 A REGULATION relating to educational personnel; revising requirements for teaching pupils in a program of early childhood education; and providing other matters properly relating thereto (Agenda Item IV A-3).

Regulation R114-18 A REGULATION relating to educational personnel; revising requirements for teaching pupils in a program of early childhood education; and providing other matters properly relating thereto (Agenda Item IV A-4).

Assemblywoman Benitez-Thompson noted the proposed regulations relate to licensing requirements for preschool teachers. She said R105-18 restricts licensing to those who hold a license to teach pupils in a program of early childhood education. Regarding paragraphs (b) and (c), subsection 2 of Section 1 of R105-18, Assemblywoman Benitez-Thompson asked whether the sections provide for an exemption for teachers employed full-time since July 1, 2002.

Mr. Dietrich explained that early childhood education was, at one time, an endorsement to elementary teaching licenses. However, following approval of Assembly Bill 77 (2017), the early childhood endorsement has been designated a standalone license. Mr. Dietrich said many recent regulations clarify this change.

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Responding to Assemblywoman Benitez-Thompson’s question, Mr. Dietrich stated individuals who have maintained an elementary license with an early childhood endorsement since July 2002 are exempt from the requirements of R105-18, Section 1.

Assemblywoman Benitez-Thompson asked how the decision was made to allow for this “grandfathering” exemption.

Mr. Dietrich explained the exemption is existing language and has been included in regulation for some time.

MOTION: Assemblywoman Benitez-Thompson moved approval of R105-18 and R114-18. The motion was seconded by Senator Denis and passed unanimously.

Regulation R119-18 A REGULATION relating to educational personnel; revising the requirements to obtain an endorsement to teach pupils who have speech and language impairments; and providing other matters properly relating thereto (Agenda Item IV A-5).

Assemblywoman Benitez-Thompson asked how the proposed regulation would impact those currently employed as speech pathologists in Nevada schools who do not have a master’s degree in speech pathology.

Mr. Arakawa explained the proposed regulation is meant to apply to individuals who, following implementation of the regulation, wish to receive an endorsement to teach pupils who have speech and language impairments. It is not meant to apply to individuals who are currently licensed to teach such pupils. He said the regulation identifies different pathways that can be followed to authorize an individual to teach pupils who have speech and language impairments.

Continuing, Mr. Arakawa explained the proposed regulation allows for alternative pathways to licensure as a speech/language pathologist.

Assemblywoman Benitez-Thompson requested clarification of those sections of R119-18 relating to alternative pathways to licensure.

Referring to relevant paragraphs in subsection 2 of Section 1, Mr. Arakawa explained new regulatory language in paragraph (b) requires a master’s degree in an area of concentration in speech and language impairments and a certificate of clinical competence in speech from the American Speech-Language-Hearing Association or an equivalent license from the Speech–Language Pathology, Audiology and Hearing Aid Dispensing Board (NRS 637B.100).

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Mr. Arakawa explained paragraph (c), which relates to speech pathologists who relocate to Nevada and hold a license or certificate from their home state. He stated these individuals will be eligible to receive an endorsement in Nevada. He described provisions of paragraph (d), which would primarily apply to individuals completing a preparation program within the state with the anticipation of working within schools as a speech language pathologist. Mr. Arakawa said Nevada State College provides a program that incorporates clinical practicums, field teaching experiences, and a bachelor’s degree.

Concluding, Mr. Arakawa said paragraph (e) is a catchall provision for anyone who holds a bachelor’s or master’s degree and chooses to complete additional coursework in addition to a student teaching program in speech pathology.

Assemblywoman Benitez-Thompson questioned the number of speech pathologists who are employed in Nevada’s school and do not hold a bachelor’s or master’s degrees.

Mr. Arakawa replied that speech pathologists are required by regulation to hold at least a bachelor’s degree, but he does not know how many are currently working with only a bachelor’s degree.

Assemblywoman Carlton and Senator Hardy expressed concern regarding a lack of clarity in the proposed regulation as it applies to currently serving speech pathologists. Assemblywoman Carlton noted the possibility that, in an effort to recruit speech and language specialists from other states, current employees may lose their eligibility if suddenly the department decides to change its practice and not allow people to be grandfathered if they do not comply with this regulation.

Brenda J. Erdoes, previously identified, said Assemblywoman Carlton has stated the requirements correctly.

Assemblyman Frierson stated that even if the intention is to grandfather employees, it may result in creating two classes of professionals. He suggested, before making a decision, that it is necessary to know how many people will be impacted. Assemblyman Frierson noted the intention is to assure no jobs are lost, but more certainty in the language is needed.

Mr. Dietrich suggested delaying action on R119-18 to allow for additional review, further study, and potential revisions by NDE in order to provide clarity.

Senator Hardy stated that in terms of a review, it would be important to address the question of the employment status of a speech pathologist who takes a leave of absence or who moves to another district with a break in service.

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Assemblywoman Carlton stressed the need to provide adequate notice and opportunity for existing employees to comply with upgraded licensure requirements. Mr. Dietrich acknowledged Assemblywoman Carlton’s concern, and he noted a need to adjust language in the proposed regulation to clarify the intent was not to change requirements for those individuals who are currently licensed.

Chair Cannizzaro stated action regarding R119-18 will be deferred to allow NDE to further review the regulation and bring it back for action by the Legislative Commission at a future meeting.

Regulation R130-18 A REGULATION relating to education; prescribing requirements concerning courses in multicultural education for certain licensed teachers; clarifying that certain applicants for the issuance or renewal of a license as a teacher must submit proof of completion of a course in multicultural education; and providing other matters properly relating thereto (Agenda Item IV A-6).

Senator Denis questioned whether the regulation resulted from enacted legislation.

Mr. Dietrich confirmed R130-18 complies with AB 234 (2015) and SB 41 (2019).

Senator Denis requested information related to testimony during public hearings and the process of developing R130-18.

Mr. Dietrich confirmed one person, Dr. Christine Clark, Ed. D., of the University of Nevada, Las Vegas testified in favor of the proposed regulation and there was no opposition. He stated following the adoption of AB 234, NDE formed a working group of educators and community stakeholders, which came to a consensus after meeting many times over approximately two years. Mr. Dietrich explained the proposed regulation was written based on the working group’s input. He noted the effort was led by Dr. Clark, who is a recognized expert in the field of multicultural education.

In response to Senator Denis’s question, Mr. Dietrich confirmed members of the working group were satisfied with the proposed regulation and support its approval.

MOTION: Senator Denis moved approval of R130-18. The motion was seconded by Assemblywoman Carlton and passed unanimously.

Regulation R161-18

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A REGULATION relating to educational personnel; establishing provisions related to educator ethics; and providing other matters properly relating thereto (Agenda Item IV A-7).

Assemblyman Daly questioned the intent of subsection 3 of Section 2 of the proposed regulation with respect to whether training educators on the Model Code of Ethics for Educators would result in those provisions becoming a standard of professional conduct. He asked for confirmation it was not meant to become a standard that could result in discipline.

Mr. Arakawa confirmed the Model Code of Ethics for Educators was not written to define standards of conduct. He said it was designed to inform decisions leading to conduct and to delineate a set of responsibilities, which educators should be aware of when making decisions. Mr. Arakawa explained educator conduct is defined in NRS and in school district policy.

MOTION: Assemblyman Daly moved approval of R161-18. The motion was seconded by Senator Hardy and passed unanimously.

Regulation R055-18 A REGULATION relating to electric utilities; establishing for electric utilities annual goals for energy savings resulting from energy efficiency programs; requiring the inclusion of certain information relating to energy efficiency and conservation in the demand side plan submitted by an electric utility to the Public Utilities Commission of Nevada; revising provisions relating to the recovery of costs based on the implementation by an electric utility of energy efficiency and conservation programs; and providing other matters properly relating thereto (Agenda Item IV A-8).

In response to an inquiry from Assemblyman Daly regarding whether the regulation would apply to utility cooperatives, Ann C. Pongracz, Chair, Public Utilities Commission of Nevada (PUCN), stated the regulation does not apply to cooperative nonregulated sections of the energy industry.

Assemblyman Daly asked how these utility cooperatives are regulated.

Ms. Pongracz clarified R055-18 addresses legislation enacted during the 2017 Session of the Legislature. She said the PUCN has not yet begun an analysis of the approach to be taken in developing regulations enacted by the 2019 Legislature regarding utility cooperatives.

MOTION: Assemblyman Daly moved approval of R055-18. The motion was seconded by Senator Settelmeyer and passed unanimously.

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Regulation R057-18 A REGULATION relating to state employees; revising provisions concerning reports on performance; revises provisions relating to adjustment of grievances; and providing other matters properly relating thereto (Agenda Item IV A-9).

Assemblyman Daly questioned deletion of the term “overall” from subsection 4 of Section 1, which applies to NRS 284.340. He noted the statute requires multiple performance reports and was unclear how the proposed regulation would be applied.

Peter Long, Administrator, Division of Human Resource Management (DHRM), Department of Administration, explained the subsection does not refer to a compilation of all of an employee’s performance appraisals. He said it applies to an individual appraisal with multiple elements and ratings.

Assemblyman Daly stated the regulation provides for circumstances when a performance report is not submitted and asked for clarification regarding what the agency is doing when a performance report is required to be submitted.

Mr. Long indicated that though supervisors are required to submit performance reports on a timely and regularly scheduled basis, they are not always in compliance. He said when a report is not filed on or before the required date, the employee’s performance is deemed to be standard. Mr. Long stated the intent is to assure the employee is not penalized when his or her supervisor fails to submit a performance evaluation.

Referring to subsection 9 of Section 1, Assemblyman Daly noted the required discussion between the employee and his or her supervisor has been changed to read between the employee and “the person who prepared the report.” He asked for clarification and expressed concern that when the person preparing the report is not the employee’s immediate supervisor, the employee may not be effectively evaluated.

Mr. Long said the intent is to allow for situations when there is an unresolved conflict between an employee and his or her immediate supervisor. He clarified the provision does not preclude a supervisor from preparing and discussing the performance review with the employee but does provide options for someone else to do so in certain circumstances.

Discussion ensued relating to the means of delivery and notice of final performance reports to employees. Assemblyman Daly expressed concern regarding a lack of specificity in the proposed regulation and suggested future action be taken to provide clarity.

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Assemblywoman Carlton stated Section 4 of R057-18 addresses procedures for adjusting grievances but does not apply to situations involving coworkers. She asked for an explanation of the purpose of the regulation.

Mr. Long replied that grievance is defined as a “conflict between employees and employers,” and the grievance process is designed to address these conflicts. He said statute does not provide for coworkers to bring grievances against their peers. Mr. Long stated R057-18 proposes to clarify the distinction.

Assemblywoman Carlton asked how an employee might address a grievance or complaint against a coworker, if not provided in statute.

Mr. Long explained there are a number of pathways for redress. He said there is a sexual harassment and discrimination investigation unit within DHRM. Remediation and resolution conferences are also available for employees, which result in contracts between the parties to resolve conflicts.

Assemblywoman Carlton noted that in instances when employers either neglect or refuse to address conflicts between coworkers, aggrieved employees are left without an avenue for resolution.

In this situation, Mr. Long replied the employee would have standing to bring a grievance against his or her employer.

Assemblywoman Carlton expressed concern that the regulation has been proposed before a state employee grievance process has been fully considered, defined, and articulated.

Chair Cannizzaro stated R057-18 will be deferred for action during a future Commission meeting.

Regulation R168-18 A REGULATION relating to liquefied petroleum gas; authorizing the staff of the Board for the Regulation of Liquefied Petroleum Gas to issue a citation and impose an administrative fine for certain violations relating to the regulation of liquefied petroleum gas; revising provisions relating to the availability of emergency personnel in case of an emergency relating to a licensee’s petroleum business; revising provisions relating to certain regulations adopted by reference by the Board; revising provisions relating to the handling of complaints filed with the Board; revising provisions relating to administrative proceedings before the Board; and providing other matters properly relating thereto (Agenda Item IV A-10).

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Assemblyman Daly asked whether the administrative fine in subsection 2 of Section 2 is levied in addition to fines for violations outlined in subsection 2 of Section 1.

Rick Drake, Chief Inspector, Board for the Regulation of Liquefied Petroleum Gas, explained fines for violation of provisions of the Nevada Liquefied Petroleum Gas Act are the only fines levied. He said an administrative fine would be contemplated only in the event of the need for an investigation and/or administrative hearing related to a violation.

Assemblyman Daly and Mr. Drake discussed the definition of “immediate area.” Mr. Drake indicated an owner or manager of a business who does not live near his or her service area is required to employ a staff member who is available at all times in case of an emergency. He explained the term “immediate area” applies to the defined service area.

Assemblyman Daly noted R168-18 states the Board adopts a number of regulations by reference but also that the Board will review them for suitability for Nevada. He questioned the Board’s options when a review determines an adopted regulation is not suitable for Nevada.

Mr. Drake replied the Board regularly reviews new code books and is obligated to exempt requirements that are not suitable to the health, safety, and welfare of the citizens of Nevada within 120 days. He said when no changes are made within that time frame, the code book is adopted as written.

Assemblyman Daly questioned removal of the requirement for posthearing briefs as outlined in subsection 7 of Section 14. He noted the proposed regulation removes several other legal requirements and asked whether this is because the Board is subject to the administrative procedures for contested cases under NRS 233B.032.

Mr. Drake confirmed Assemblyman Daly’s presumption that all parties will retain their access to due process and that the regulations merely attempt to clean up the current provisions.

MOTION: Assemblyman Daly moved approval of R168-18. The motion was seconded by Assemblyman Frierson and passed unanimously.

Regulation R177-18 A REGULATION relating to licensure by endorsement; prescribing the requirements for licensure by endorsement as an escrow agent or escrow agency; and providing other matters properly relating thereto (Agenda Item IV A-11).

Regulation R178-18

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A REGULATION relating to mortgage lending; prescribing the requirements for licensure by endorsement as a mortgage broker or mortgage agent; revising provisions governing certain monthly reports filed by mortgage brokers; revising continuing education requirements for mortgage brokers and mortgage agents; and providing other matters properly relating thereto (Agenda Item IV A-12).

Regulation R180-18 A REGULATION relating to licensure by endorsement; prescribing the requirements for licensure by endorsement as a covered service provider, foreclosure consultant, loan modification consultant or mortgage servicer; and providing other matters properly relating thereto (Agenda Item IV A-13).

Assemblyman Daly asked whether there is more than one path to licensure as an escrow agent or an escrow agency.

Cathy Sheehy, Commissioner, DML, B&I, responded that the track followed for a license by endorsement is slightly different than the track for a regular application, but the process for the two tracks are very similar.

Assemblyman Daly asked for clarification based on the fact that subsection 1 of Section 2 of R177-18 reads “submits to the Commissioner all of the following” and outlines an extensive list of standards required for licensure by endorsement.

Donna LaGue, Legal Research Assistant, Division of Mortgage Lending (DML), Department of Business and Industry (B&I), explained there is one track as long as the applicant is licensed in a recognizable jurisdiction and has completed substantially equal or similar education requirements and meets criteria required by SB 69 (2017).

Responding to Assemblyman Daly’s question, Ms. Sheehy, explained that all states require a license to act as an escrow agent or agency.

MOTION: Assemblyman Daly moved to approve R177-18, R178-18, and R180-18. The motion was seconded by Senator Denis and passed unanimously.

Regulation R187-18 A REGULATION relating to communicable diseases; adding certain communicable diseases to the list of communicable diseases required to be reported to the health authority and the Chief Medical Officer; requiring the health authority to investigate each report of those communicable diseases; adopting certain guidelines relating to communicable diseases by reference; revising requirements governing the reporting and control of certain communicable diseases; and providing other matters properly relating thereto (Agenda Item IV A-14).

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Referring to subsection 1 of Section 2, Assemblyman Daly requested information related to the allocation and availability of resources for investigation and reporting of communicable diseases. He asked whether contingency funds are an option when dedicated funds are not available. Assemblyman Daly expressed his concern and said that funding should always be accessible to support health authorities’ needs.

Melissa Peek-Bullock, State Epidemiologist, Public Health Informatics and Epidemiology, Division of Public and Behavioral Health, Department of Health and Human Services, stated that in the event a high volume of lab reports is received by health authorities, the proposed regulation would allow for prioritization of certain communicable disease reports and, thus, assure adequate funding to investigate a severe outbreak of disease.

MOTION: Assemblyman Daly moved approval of R187-18. The motion was seconded by Senator Hardy and passed unanimously.

Regulation R192-18 A REGULATION relating to wildlife; revising requirements relating to the removal of personal information from certain lists distributed by the Department of Wildlife; and providing other matters properly relating thereto (Agenda Item IV A-15).

Senator Settelmeyer questioned the reason for submitting R192-18. He noted there was a good deal of opposition expressed during the Department’s hearings, and he had received a number of emails regarding the regulation.

Tony Wasley, Director, Nevada’s Department of Wildlife (NDOW), explained that in 2004, regulations were adopted allowing customers to request, in writing, that their personal information be withheld from salable lists. He said on the advice of Sarah Bradley, Senior Deputy Attorney General, Office of the Attorney General (OAG), the agency has taken steps to update and modernize the process by which customers can submit these requests. The revisions would provide for a process to electronically request that personal information be withheld from salable lists. During the transition to a new computer system, the Department had modified the system to an opt-in process. Mr. Wasley stated in the event R192-18 is not approved, existing regulations and authorities would remain in force. Additionally, NDOW recognizes that SB 388 (2019), reinforces the actions undertaken with this regulation.

Senator Settelmeyer expressed concern relating to small businesses that provide services to customers whose information will not be accessible. He suggested that these businesses are important because they work to ensure customers’ safety in

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the field. Senator Settelmeyer asked whether such concerns were addressed in the regulation workshop process.

Mr. Wasley stated there are 101 licensed master guides in the State of Nevada and nearly 75,000 applicants for big game tags, of which 30,000 are issued annually. He said if safety is the overriding and primary concern, we are falling short in the ability to meet the needs of hunters in the state. Mr. Wasley stressed that completion of a hunter safety course is required to be eligible for the tag lottery. He acknowledged licensed master guides can provide an improved level of safety. Assemblyman Daly asked whether NDOW is acting within the scope of its authority and in compliance with public records requirements. He expressed his opposition to making information confidential by regulation and suggested the proper process is to work through the legislature and codify changes in NRS. Assemblyman Daly conveyed his opposition to adoption of R192-18.

Mr. Wasley said this regulation protects personally identifiable information, rather than NDOW transactions. Reading from subsection 1 of Section 1, SB 388, Mr. Wasley noted:

… a record or portion of a record that contains personally identifiable information collected by automated means over the Internet or other digital network by a governmental entity as part of the electronic collection of information from the general public if confidential if the governmental entity determines that the disclosure of the personally identifiable information could potentially create negative consequences, including, without limitation, financial loss, stigmatization, harm to reputation, anxiety, embarrassment, fear or other physical or emotional harm, for the person to whom the information pertains.

Mr. Wasley offered to provide specific instances of harm caused to individuals and businesses following the public release of personally identifiable information. He stated NDOW recognizes the importance of providing customers an easily accessible process to request privacy protections.

Assemblyman Daly inquired about the ability to redact all of an individual’s information except his or her name.

Mr. Wasley explained those who oppose providing a privacy option to NDOW customers do so because lists with names, addresses, and telephone numbers are used for marketing purposes. He added individuals who have opted to remove personal information have expressed a wish to avoid mailings and sales calls.

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Assemblyman Daly restated his preference that changes to public records requirements be made by legislation rather than regulation.

Mr. Wasley reiterated NDOW’s interpretation, supported by the OAG opinion, that should R192-18 not be adopted, NDOW maintains authority to provide customers a privacy option. He stressed the purpose of the proposed regulation is to modernize and simplify the process.

In response to Senator Hardy’s inquiry, Mr. Wasley affirmed some applicants are required to provide their social security numbers. He stated the United States Coast Guard requires social security numbers for recreational licenses and clarified it is a federal, not a state policy.

Senator Hardy asked whether the social security numbers will become discoverable if R192-18 is not adopted.

Mr. Wasley replied the social security numbers are protected and are not at risk.

Chair Cannizzaro called for public comment on R192-18.

Rachel Buzzetti, representing Nevada Outfitters and Guides Association (NOGA), noted that for a year and a half, NOGA has been operating under NDOW’s decision to propose this change in regulation to Nevada Administrative Code 502.211. She said this change has denied the release of the complete salable list of applicants who draw big game tags in Nevada.

Ms. Buzzetti stated NDOW is correct that historically, for the past 25 years, the salable list has been made available to outfitters and guides from the vendor who conducted the draw. She said the salable list contains only names and addresses, and NOGA has never requested other information.

Ms. Buzzetti stated residents and nonresidents who want to request a guide have the opportunity to receive a brochure by mail. The Department of Wildlife initiated denial of the salable list in January 2018, when NDOW placed a box on the application allowing sportsmen to remove their personal information from the salable list. She explained the application process cannot be completed unless sportsmen choose to opt in or opt out.

Ms. Buzzetti stressed her concern that NDOW’s decision has resulted in economic hardship for outfitters, guides, and other businesses that support hunters and sportsmen. She said her organization estimates the industry has lost $500,000 over the past two years.

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Ms. Buzzetti said Governor has approved several landmark bills and is committed to investing in and protecting public lands and the industries that rely on them. She urged Commission members to oppose R192-18.

Henry Krenka, President, NOGA, stated he opposes R192-18 mainly because of the lack of transparency and argued the regulation removes privacy, confidentiality, and integrity from Nevada’s big game tag draw system. He said the problem was further complicated when NDOW contracted with an out-of-state company to conduct the draw. He noted, for these reasons, many former advocates of the system are no longer applying for the draw.

Mr. Krenka cited concerns related to the proposed regulation:

• Participants in the draw already have the ability to request confidentiality;

• NDOW retains authority to contact sportsmen but the proposed regulation would not provide the same ability to outfitters and guides;

• NDOW has claimed without evidence that sportsmen who prefer anonymity would not use the services of outfitters and guides;

• NDOW implemented provisions of the regulation before conducting a small business impact survey. This action violated NRS 233B.0608 requiring the preparation of a small business impact statement, which shall be made available to the public not less than 15 days before workshops for the proposed regulations pursuant to NRS 223B.061;

• The salable list is an effective marketing tool for guides, and the changes have caused loss of revenue, estimated at $20,000 to $60,000 per outfitter each year;

• NDOW has not abided by the requirement that applicants’ requests for anonymity be submitted in writing; and • Landowners have had the option to sell tags to unsuccessful hunting applicants but, without contact information, are not able to identify these applicants. Additionally, landowners use contact information to notify sportsmen of private land that is open for hunting.

Concluding, Mr. Krenka explained his organization does not object to the removal of applicants’ information from the public record while proper procedures are followed. He said regulations are written for everyone’s protection and asserted NDOW has overstepped its authority. He noted voting registration information is available to the public and elected officials and requested that outfitters and guides be given the same opportunity to access public records.

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Walt Gardner, Nevada resident, stated citizens’ personal information is available in public records through voter registration, employee records, and tax rolls. Referring to information submitted to the Legislative Commission by NDOW, Mr. Gardner pointed out that names, addresses, and telephone numbers of those who testified during public hearings are listed and publically available. He said, of those who spoke during NDOW workshops, 5 favored changes to regulations and 12 were opposed.

Mr. Gardner said three sportsmen reported having been harassed, but he maintained the harassment resulted, not because their names and contact information were made available by NDOW, but because they had posted inflammatory materials on social media. Mr. Gardner argued that requiring public disclosure of sportsmen’s names and home cities is a small price to pay for transparency and urged Commission members to reject R192-18.

Gerald A. Lent, representing Nevada Hunters Association and Hunters Alert in Southern Nevada, and past chair, Board of Wildlife Commissioners, spoke and submitted written remarks (Agenda Item IV-A 16) opposing R192-18.

Don Molde, Nevada resident, expressed his opposition to R192-18 and noted the proposed regulation violates provisions of SB 287 (2019). He said public sentiment regarding hunting and wildlife has dramatically altered since 2004 and stated his opinion that proposed changes to regulation are related to recent instances of hunters publicly posting evidence of their trophy hunting. Mr. Molde opined the reason for holding a hunters tag draw is that wildlife is a public asset and a public trust, which must be protected. He stated protection and preservation of Nevada’s wildlife in a responsible manner is more important than an individual’s concern about his or her personal information.

Jim Puryean, Nevada resident, has been an outfitter in Nevada since 1985 and opposes R192-18. He stated his business has declined by 50 to 60 percent over the past two years. Mr. Puryean said he has tried to make adjustments but has found that lack of access to a salable list has left him with an unworkable business model.

Mr. Puryean indicated that after he was denied a sportsman’s contact information from NDOW by means of a Freedom of Information Act request, he was informed that NDOW was relying on an opinion from Nevada’s OAG. Mr. Puryean said he requested a copy of the opinion but was told the decision was relayed to NDOW by telephone. He expressed concern that an important and impactful ruling was not detailed and provided in writing.

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Vice Chair Ratti requested information related to the tag draw system and the resulting lists. She stated her understanding is that there are two lists—one list indicates names and hometowns of successful tag applicants and is publicly available, and the second list includes contact information, also known as a salable list, and is available for purchase by outfitters and market researchers.

Mr. Wasley confirmed there are two lists as described by Vice Chair Ratti. He said when implementing the electronic opt-in/opt-out portion of applications, there was some confusion relating to the two categories. He stated the application has been updated and now provides applicants the opportunity to opt-in/opt-out of one or both of the categories.

Mr. Wasley explained many sportsmen are amenable to sharing their names as successful applicants, but during the recent draw process, approximately 90 percent of applicants opted out of providing contact information on a salable list. He noted the requirement that sportsmen submit a written request for anonymity has been a barrier, which NDOW has sought to overcome with provisions in R192-18.

Responding to Vice Chair Ratti’s inquiry, Mr. Wasley confirmed that 54 percent of recent applicants chose to publically share information relating to their names, city of residence, and type of tag for which they had applied. He noted NDOW provides tag holders a list of all licensed guides in Nevada. Further, NDOW maintains a searchable spreadsheet on its website that identifies tag applicants.

Mr. Wasley indicated NDOW’s intent is to provide transparency, abide by regulatory and statutory requirements, and offer easily accessible options to sportsmen and businesses in Nevada.

Addressing the availability of contact information on various public lists, Vice Chair Ratti questioned whether auto dealerships can access Department of Motor Vehicle (DMV) records for drivers’ personal information.

Kailey Taylor, Management Analyst, NDOW, said regulations protect personal information of DMV customers.

Vice Chair Ratti questioned whether there is a compelling public need to provide NDOW customers’ personal information for marketing purposes. She acknowledged her empathy for Nevada businesses but suggested that when 90 percent of applicants indicate their desire for privacy, legislators are obligated to respect their wishes.

Responding to Vice Chair Ratti’s comments, Mr. Wasley confirmed all successful tag applicants are provided with contact information for Nevada’s guides and

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outfitters. He added the list and hunting guidelines are also available on NDOW’s website. Mr. Wasley indicated several western states employ data control systems similar to that proposed in R192-18.

Jack Robb, Deputy Director, NDOW, stated his understanding that Nevada is one of the last western states to update the draw application process by including an opt-in/opt-out provision.

Ms. Taylor noted NDOW’s requests for hunters’ personal information from neighboring states have been denied based on privacy concerns.

In response to Assemblyman Wheeler’s question, regarding how NDOW had gone to an opt-in system prior to the approval of this regulation, Mr. Robb explained applicants have had the ability to withhold personal information from public records since 2004. He said during the process of contracting with a new vendor to conduct gaming tag draws, NDOW conducted a review of processes, regulations, and statutory requirements. Mr. Robb noted one of the findings was that customers’ mechanism for withholding personal information required an update. He explained the Department, in consultation with Nevada public records experts, determined adding an opt-in/opt-out provision on applications is within NDOW’s authority. Concluding, Mr. Robb said R192-18 has been proposed to add clarity and update regulations.

Responding to concerns voiced by a member of the public, Mr. Robb expressed understanding for the loss of business resulting from changes in the application process. However, he noted after a thorough review by Nevada’s OAG, NDOW decided it was important to respect the wishes of those who have previously chosen to opt out.

Responding to Assemblyman Wheeler’s concern that the regulation has been in place since 2004, but had not been implemented until 2018, Mr. Wasley clarified the regulation has been implemented since 2004. He said what has changed is that customers have been made more aware of their options and are provided with a user-friendly mechanism to opt in or opt out when completing applications. Previously, customers were required to opt out in writing to keep their information protected.

Mr. Wasley explained R192-18 represents clarification and modernization of existing regulations, which currently provide authority for allowing customers to request their personal information be withheld.

Senator Settelmeyer asked whether it would be possible to hold further discussion for the purpose of coming to a compromise among interested parties. He expressed

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his opposition to R192-18 as written and said that, as a property owner, he prefers hunters to work with guides who will prevent unlawful intrusion on his land.

Senator Denis asked for an explanation of opt-in/opt-out language on the application form.

Mr. Wasley stated the intent was to make the language as concise and neutral as possible and offered to provide the Commission with an example of the application at a future date.

Senator Denis referred to NDOW’s small business impact statement and asked whether the Department has definitive information relating to the number of sportsmen who chose to employ guides and outfitters.

Mr. Wasley replied NDOW’s understanding is that there are far more sportsmen in Nevada than there are guides, but he does not have conclusive information. Senator Denis indicated concern regarding regulatory impact on businesses and the rural economy. Recognizing the importance of protecting personal data, he suggested further review.

Mr. Wasley reiterated that NDOW has been implementing the regulation and the proposed updates are meant to improve that implementation. In terms of rural economies, Mr. Wasley suggested successful tag holders will continue to contribute to rural economies whether or not outfitters and guides have access to hunters’ information. Concluding, Mr. Wasley said several master guides have expressed the new system is working well for them, and they have built a reputation and customers seek them out for their expertise without their having to solicit for clients. He requested support of R192-18.

Ms. Buzzetti submitted the following documents for the record:

1. Testimonies from Nevada guides and outfitters (Agenda Item IV A-17);

2. Materials related to R192-18 dated January 25, 2019 (Agenda Item IV A-18); and

3. Materials related to R192-18 dated November 2, 2018 (Agenda Item IV A-19).

Curtis F. Moore, Director, Elko County Natural Resources, submitted a letter regarding R192-18 on behalf of the Elko County Board of Commissioners (Agenda Item IV A-20).

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Recognizing both the impact on small businesses and the importance of safeguarding citizens’ personal information, Chair Cannizzaro said the best course is to defer action on R192-18 for further review, consultation, and discussion.

B. Request to Remove Minutes of the October 21, 2003, Meeting of the Nevada Mental Health Plan Implementation Commission (SB 301, Chapter 445, Statutes of Nevada 2003) from the Legislature’s Website

Rick Combs, previously identified, drew the Commission’s attention to a request from an attorney representing a person who testified before the Nevada Mental Health Plan Implementation Commission during the 2003–2004 Interim to delete or redact the person’s testimony from the Commission’s minutes.

Mr. Combs explained there is no statutory or regulatory requirement that minutes of Legislative minutes must be posted on the website. Mr. Combs proposed removing the minutes from the LCB website and refer interested parties to the LCB Research Library for a printed copy of the document. He said this would accomplish shielding personal information from a computer search, which would satisfy the testifier’s request for anonymity. Concluding, he clarified action on this measure would not constitute adopting a policy but rather provided for action on this issue and in similar issues that arise in the future on a case-by-case basis.

Assemblywoman Carlton recognized a need to support a request for privacy of medical information but noted the importance of preserving accessibility to public records.

MOTION: Senator Settelmeyer moved to remove minutes of the October 21, 2003, meeting of the Nevada Mental Health Plan Implementation Commission from the LCB website and direct inquiries to the LCB Research Library. The motion was seconded by Senator Hardy and passed. Assemblywoman Benitez-Thompson voted no and Assemblyman Wheeler was absent for the vote.

AGENDA ITEM V—LEGISLATIVE AUDITOR—SUMMARY OF AUDIT REPORT PRESENTED TO LEGISLATIVE COMMISSION’S AUDIT SUBCOMMITTEE (NRS 218G.240)

Rocky Cooper, previously identified, drew the Commission’s attention to a letter dated May 30, 2019, from Assemblywoman Benitez-Thompson, Chair, Audit Subcommittee of the Legislative Commission (Agenda Item V A-1), indicating on March 14, 2019, an audit report on the Marijuana Regulation and Enforcement, Department of Taxation, was presented to the Audit Subcommittee. He explained after reports are submitted to the Audit Subcommittee a report summary is presented to the Legislative Commission.

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Mr. Cooper noted the Audit Division submitted seven report summaries during the 2019 Legislative Session, which, by statute, are not presented to the Commission. He said the reports were available to standing committees during the session.

Marijuana Regulation and Enforcement, Department of Taxation (Agenda Item V A-2) The audit found the Department needs to improve its regulation and oversight of the marijuana industry. For instance, the Marijuana Enforcement Tracking Reporting and Compliance (METRC) information system was not accurate or complete. The METRC information system is central to the Department’s regulation of the industry because it is required to track the marijuana inventory system from seed to sale. Inaccurate and incomplete data occurred because of ineffective monitoring and oversight. In addition, there was inadequate guidance provided to licensees. For example, the Department did not reconcile METRC data to licensee inventory records or tax returns to ensure system data accuracy and completion. The audit compared tax returns of ten cultivators and five dispensaries to METRC data for a six-month period and found significant variances. For example, for retail marijuana tax returns filed by dispensaries, METRC data did not agree in approximately 57 percent of the cases. Variances reflected lower inventory and sales and transfers in METRC when compared to tax return data, which indicate licensees are not recording all appropriate transactions in the seed to sale system. Conversely, sales and transfer totals in METRC exceeding amounts recorded on tax returns suggested that tax collections may be inadequate.

In addition, the audit found the Department did not review the accuracy of marijuana waste entered into the METRC system. Nine of ten cultivators tested did not enter data or entered meaningless information into the system. Monitoring waste is important for preventing marijuana products from being diverted outside the regulated system. We also found that high tetrahydrocannabinol medical products were sold to recreational customers; 262 of 610 single units of medical products tested were sold inappropriately.

The Department has submitted its plan of corrective action and has already made substantial progress on implementing the 13 audit recommendations. In addition, the establishment of the Cannabis Compliance Board during the 80th Legislative Session will improve regulation of the industry.

Mr. Cooper stated the Audit Subcommittee recommends the Legislative Commission accept the audit report.

MOTION: Senator Denis moved approval of the summary audit report presented to the Legislative Commission’s Audit Subcommittee. The motion was seconded by

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Assemblywoman Carlton and passed. Assemblyman Wheeler was absent for the vote.

AGENDA ITEM VI—APPOINTMENTS OF MEMBERS TO COMMITTEES AND SIMILAR ENTITIES

A. Board of Directors for Corporation for Public Benefit for Nevada Youth Legislature (NRS 219A.300)

Rick Combs, previously identified, described statutory requirements for the Board, which administers the Nevada Youth Legislature (NYL). He explained this section was amended during the 80th Legislative Session to require that one member of the Senate and one member of the Assembly, at a minimum, be appointed to the Board. Additionally, Board membership shall include one representative of the public and, if practicable, one person who previously served as a member of the NYL (Agenda Item VI A).

Mr. Combs noted three current members have expressed interest in reappointment: Senator Valerie Wiener (Ret.), former Youth Legislator Zhan Okuda-Lim, and Victoria Carreón. He said these appointments would satisfy membership requirements of a former youth legislator and a public representative. Upon approval, Mr. Combs explained four vacancies would remain. Chair Cannizzaro recommended appointing Senator and Senator .

Assemblyman Frierson recommended appointing Assemblywoman and Assemblywoman Connie Munk.

MOTION: Chair Cannizzaro moved approval of the appointment of recommended members to the Board of Directors for Corporation for Public Benefit for Nevada Youth Legislature. The motion was seconded by Senator Denis and passed. Assemblyman Wheeler was absent for the vote.

B. Nevada Silver Haired Legislative Forum (NRS 427A.320)

Mr. Combs drew the Commission’s attention to a memo dated June 20, 2019, from Patrick B. Ashton, Senior Policy Analyst, Research Division, LCB, indicating there are two recommendations for appointment to the Nevada Silver Haired Legislative Forum (Agenda Item VI B). He noted that subsequent to submission of Mr. Ashton’s memo Senator Patricia (Pat) Spearman, Senate District 1, submitted a membership recommendation. The recommendations are:

• Senate District 1—Rosie Tyler;

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• Senate District 9—Barbara Altman (reappointment); and

• Senate District 15—Diane Baranowski.

MOTION: Senator Settelmeyer moved approval of the appointment of Rosie Tyler and Diane Baranowski and the reappointment of Barbara Altman to the Nevada Silver Haired Legislative Forum. The motion was seconded by Assemblywoman Benitez-Thompson and passed. Assemblyman Wheeler was absent for the vote.

C. Nevada Commission on Minority Affairs (NRS 232.852)

Mr. Combs referenced the statutory provision regarding the Nevada Commission on Minority Affairs (NCMA) and noted the Commission consists of nine members appointed by the Legislative Commission (Agenda Item VI C). He said a letter dated June 19, 2019, from Emily Ku, Management Analyst, NCMA, B&I, indicates there will soon be three vacancies. Ms. Ku provided, pursuant to statute, names for the Legislative Commission’s consideration:

• Mercedes Krause;

• Amy Emiko Shaw; and

• Kathleen Taylor.

Mr. Combs explained the letter also outlines membership demographics as required by statute.

Responding to a question from Senator Denis, Ms. Ku assured the Commission that the nominated members are representative of Nevada’s population as required by statute. She stated NCMA membership consists of a balance in race and ethnicity.

MOTION: Assemblyman Frierson moved approval of the appointment of Mercedes Krause, Amy Emiko Shaw, and Kathleen Taylor to the Nevada Commission on Minority Affairs. The motion was seconded by Senator Denis and passed. Assemblyman Wheeler was absent for the vote.

AGENDA ITEM VII—INFORMATIONAL ITEMS

A. Summary of Quarterly Reports on Disciplinary Action From the Licensing Boards and State Agencies

1. Occupational Licensing, Quarter 1 of 2019

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2. Occupational Licensing, Quarter 2 of 2019

B. Washoe County School District, Report Regarding Contracts With Construction Managers at Risk Pursuant to Section 14.5 of AB 283 (2013)

C. Department of Taxation, Sales Tax Revenue Statistics for Businesses Operating in a Tourism Improvement District in Washoe Formed by the City of Reno and City of Sparks and Clark Counties Star Bond Districts Pursuant to NRS 271A.105(2)(a).

D. Department of Tourism and Cultural Affairs, Division of Museums and History, Annual Report on Revenue Transfers From the Renewal of License Plates Commemorating the 150th Anniversary of Nevada’s Admission Into the Union Pursuant to Section 4 of SB 37 (2017)

Chair Cannizzaro asked Commission members whether there were any informational items they wanted to discuss; however, no items were requested.

AGENDA ITEM VIII—PUBLIC COMMENT

Chair Cannizzaro called for public comment; however, no testimony was presented.

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AGENDA ITEM IX—ADJOURNMENT

There being no further business to come before the Commission, the meeting was adjourned at 4:46 p.m.

Respectfully submitted,

Jan Brase Research Policy Assistant

APPROVED BY:

Nicole J. Cannizzaro, Chair Legislative Commission

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MEETING MATERIALS

AGENDA ITEM WITNESS/ENTITY DESCRIPTION Agenda Item IV A-1 Legal Division, Legislative Counsel List of administrative Bureau, (LCB) regulations Agenda Item IV A-2 Legal Division, LCB Adopted Regulation of the Commission on Professional Standards in Education, LCB File R078-17 Agenda Item IV A-3 Legal Division, LCB Adopted Regulation of the Commission on Professional Standards in Education, LCB File R105-18 Agenda Item IV A-4 Legal Division, LCB Adopted Regulation of the Commission on Professional Standards in Education, LCB File R114-18 Agenda Item IV A-5 Legal Division, LCB Adopted Regulation of the Commission on Professional Standards in Education, LCB File R119-18 Agenda Item IV A-6 Legal Division, LCB Adopted Regulation of the Commission on Professional Standards in Education, LCB File R130-18 Agenda Item IV A-7 Legal Division, LCB Adopted Regulation of the Commission on Professional Standards in Education, LCB File R161-18

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Agenda Item IV A-8 Legal Division, LCB Adopted Regulation of the Public Utilities Commission of Nevada, LCB File R055-18 Agenda Item IV A-9 Legal Division, LCB Adopted Regulation of the Personnel Commission, LCB File R057-18 Agenda Item IV A-10 Legal Division, LCB Adopted Regulation of the Board for the Regulation of Liquefied Petroleum Gas, LCB File R168-18 Agenda Item IV A-11 Legal Division, LCB Adopted Regulation of the Commissioner of Mortgage Lending, LCB File R177-18 Agenda Item IV A-12 Legal Division, LCB Adopted Regulation of the Commissioner of Mortgage Lending, LCB File R178-18 Agenda Item IV A-13 Legal Division, LCB Adopted Regulation of the Commissioner of Mortgage Lending, LCB File R180-18 Agenda Item IV A-14 Legal Division, LCB Adopted Regulation of the State Board of Health, LCB File R187-18 Agenda Item IV A-15 Legal Division, LCB Adopted Regulation of the Board of Wildlife Commissioners, LCB File R192-18 Agenda Item IV A-16 Gerald Lent, representing Nevada Written comments Hunters Association and Hunters regarding R192-18 Alert in Southern Nevada Agenda Item IV A-17 Rachel Buzzetti, representing Testimonies from Nevada Outfitters and Guides Nevada guides and Association (NOGA) outfitters Agenda Item IV A-18 Rachel Buzzetti, representing Materials dated

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NOGA January 25, 2019, related to R192-18 Agenda Item IV A-19 Rachel Buzzetti, representing Materials dated NOGA November 2, 2018, related to R192-18 Agenda Item IV A-20 Curtis F. Moore, Director, Elko Letter related to County Natural Resources R192-18 Agenda Item V A-1 Rocky Cooper, Legislative Auditor, Letter dated May 30, Audit Division, LCB 2019, regarding audit report Agenda Item V A-2 Rocky Cooper, Legislative Auditor, Summary report Audit Division, LCB Marijuana Regulation and Enforcement, Department of Taxation Agenda Item VI A Rick Combs, Director, LCB Recommended appointments to the Board of Directors for Corporation for Public Benefit for Nevada Youth Legislature (NRS 219A.300) Agenda Item VI B Rick Combs, Director, LCB Recommended appointments to the Nevada Silver Haired Legislative Forum (NRS 427A.320) Agenda Item VI C Rick Combs, Director, LCB Recommended appointments to the Nevada Commission on Minority Affairs (NRS 232.852)

This set of “Minutes of the Legislative Commission” is an informational service. Meeting materials are on file in the Director’s Office of the Legislative Counsel Bureau, Carson City, Nevada.

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V.A.

REVIEW OF ADMINISTRATIVE REGULATIONS SUBMITTED PURSUANT TO NRS 233B.067

STATE AGENCY REGULATIONS TO BE REVIEWED BY THE LEGISLATIVE COMMISSION

August 21, 2019

REGULATIONS SUBMITTED PURSUANT TO NRS 233B.067: LCB NO. NAC AGENCY/ SUBJECT

2017 REGULATIONS R008-17 630 BOARD OF MEDICAL EXAMINERS A REGULATION revising provisions governing prohibited professional conduct and repealing certain provisions which authorize the prescription of appetite suppressants CONTACT Jasmine Mehta (775) 324-9365 [email protected] 2018 REGULATIONS R141-18 355 STATE TREASURER A REGULATION establishing provisions related to scrutinized companies CONTACT Tara Hagan (775) 684-5753 [email protected] R157-18 484D DEPARTMENT OF TRANSPORTATION A REGULATION revising provisions governing the issuance of permits to certain vehicles of excess size or weight CONTACT Lynn Hoffman (775) 888-7358 [email protected]

--1-- REVISED 12.20.16 REGULATIONS SUBMITTED PURSUANT TO NRS 233B.067 AND DEFERRED AT A PREVIOUS MEETING: LCB NO. NAC AGENCY/ SUBJECT

2018 REGULATIONS R167-18 322 STATE LAND REGISTRAR A REGULATION revising provisions related to State land use and fees CONTACT Charles Donohue (775) 684-2738 [email protected]

--2-- REVISED 12.20.16

RESOLUTION RECOGNIZING 108TH ANNIVERSARY OF THE FOUNDING OF THE REPUBLIC OF CHINA (TAIWAN) V.

C.

LEGISLATIVE RESOLUTION

Congratulating Taiwan on the 108th Anniversary of the Establishment of Taiwan and Celebrating the 34th Anniversary of the Sister-state Relationship between the State of Nevada and Taiwan

Whereas, On October 24, 1985, the State of Nevada invited Taiwan to join the State of Nevada as a sister-state to strengthen international understanding and good will and to establish a greater friendship between the people of the State of Nevada and the people of Taiwan; and

Whereas, The people of the State of Nevada are proud to have participated in this sister-state relationship for the past 34 years and look forward to the continued friendship between the people of the State of Nevada and the people of Taiwan; and

Whereas, Taiwan and the United States recently commemorated the 40th Anniversary of the Taiwan Relations Act (TRA); and

Whereas, Taiwan shares the same values of freedom, democracy, human rights, the rule of law, peace and prosperity with the United States and the State of Nevada; and

WHEREAS, The commercial interaction between Taiwan and the State of Nevada has grown substantially year by year, and the people of the State of Nevada look forward to the continued friendship and trade relations with the people of Taiwan; now, therefore, be it

RESOLVED BY THE LEGISLATIVE COMMISSION OF THE STATE OF NEVADA, That the people of the State of Nevada and the members of the Legislative Commission cherish the sister-state relationship with the people of Taiwan and hereby congratulate the people of Taiwan on their 108th National Day; and be it further

RESOLVED, That the Legislative Commission hereby expresses appreciation to the Taipei Economic and Cultural Office under the current leadership of Director General Joseph Ma in San Francisco, , for fostering the continued success of the sister-state relationship.

Dated this 21st day of August 2019

______Senator Chair of the Legislative Commission

______Richard S. Combs Secretary of the Legislative Commission APPOINTMENTS OF ONGOING STATUTORY COMMITTEES

1. Committee to Consult with the Director (NRS 218E.225) 2. Legislative Committee for the Review and Oversight of the Tahoe Regional Planning Agency and the Marlette Lake Water System (NRS 218E.555) 3. Legislative Committee on Child Welfare and Juvenile Justice (NRS 218E.705) 4. Legislative Committee on Health Care (NRS 439B.200) 5. Legislative Committee on Public Lands (NRS 218E.510) 6. Commission on Special License Plates (NRS 482.367004) 7. Legislative Commission’s Subcommittee to Review Regulations (NRS 233B.067) VI.A.

VI. A. Appointments to Ongoing Statutory Committees

1. Committee to Consult with the Director (NRS 218E.225)

Summary: This Committee, appointed by the Legislative Commission, is responsible for working with the Director of the Legislative Counsel Bureau (LCB) with regard to preparation for the next session of the Legislature, the management and organization of LCB, and the use of legislative property. This Committee developed recommendations concerning the rules for the 120-day session and has also assumed the duties of the building subcommittee. There is no specified size or composition of this Committee. Typically, there are three meetings during the interim lasting two hours or less.

Interested in Serving Senator Senator Senator (Would like to continue serving) Senator Senator Joyce Woodhouse Assemblywoman Shea Backus (5) Assemblyman John Hambrick Assemblyman Assemblywoman Susan Martinez Assemblywoman Danielle Monroe-Moreno

Will Serve if Needed Senator Chris Brooks Senator Senator Senator Dallas Harris Senator Senator Julia Ratti Senator Assemblywoman Shannon Bilbray-Axelrod Assemblywoman Assemblyman Skip Daly Assemblyman John Ellison Assemblyman Edgar Flores Assemblyman Gregory Hafen Assemblywoman Assemblywoman Assemblywoman Assemblywoman Assemblyman Tom Roberts Assemblywoman Assemblywoman Robin Titus Assemblyman Howard Watts Assemblyman Jim Wheeler Assemblyman Steve Yeager

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VI. A. Appointments to Various Ongoing Statutory Committees

2. Legislative Committee for the Review and Oversight of the Tahoe Regional Planning Agency and the Marlette Lake Water System (NRS 218E.550)

Summary: This Committee provides appropriate review and oversight of the Tahoe Regional Planning Agency and the Marlette Lake Water System. The Legislative Commission appoints three members of each House to this Committee with regard to background and geographical diversity. The members elect a chair from one House and a vice chair from the other House at the first meeting. The Committee holds approximately six, half-day meetings, of which four or more may be held in the Tahoe Basin and occasionally schedules half-day tours before or after a meeting. Meetings will be held between September 1 2019, and August 31, 2020.

Interested in Serving Senator Chris Brooks Senator Ben Kieckhefer Senator David Parks (Would like to continue serving) Senator Julia Ratti Senator Melanie Scheible Assemblywoman Shannon Bilbray-Axelrod Assemblywoman Sandra Jauregui Assemblyman (Only committee interested in) Assemblywoman Sarah Peters Assemblyman Greg Smith Assemblyman Jim Wheeler

Will Serve if Needed Senator Senator Joe Hardy Senator Joyce Woodhouse Assemblyman Skip Daly Assemblyman John Ellison Assemblyman Gregory Hafen Assemblywoman Susan Martinez Assemblywoman Heidi Swank Assemblywoman Robin Titus

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VI. A. Appointments to Various Ongoing Statutory Committees

3. Legislative Committee on Child Welfare and Juvenile Justice (NRS 218E.705)

Summary: This Committee evaluates and reviews issues relating to the provision of child welfare services and juvenile justice in this State. It consists of three members of the Senate and three members of the Assembly appointed by the Legislative Commission. The Legislative Commission selects the chair and vice chair of the Committee. The chairmanship of the Committee must alternate each biennium between the Houses of the Legislature and is in the Senate during this interim. The Committee will conduct approximately four half-day meetings between September 1, 2019, and August 31, 2020.

Interested in Serving Senator Yvanna Cancela Senator Marilyn Dondero Loop Senator Scott Hammond Senator Dallas Harris (5) Senator (2) Senator Keith Pickard Senator Melanie Scheible (would prefer Admin of Justice) Senator Joyce Woodhouse Assemblywoman Shea Backus (3) Assemblywoman Shannon Bilbray-Axelrod Assemblyman John Hambrick Assemblywoman (4) Assemblywoman Brittney Miller Assemblywoman Danielle Monroe-Moreno Assemblywoman Rochelle Nguyen Assemblywoman Selena Torres

Will Serve if Needed Senator Pete Goicoechea Senator Joe Hardy Senator Julia Ratti Assemblyman Richard Carrillo Assemblywoman Lesley Cohen Assemblywoman Assemblyman John Ellison Assemblywoman Assemblyman Edgar Flores Assemblywoman Assemblywoman Sandra Jauregui Assemblyman Glen Leavitt Assemblyman William McCurdy II (4) Assemblywoman Sarah Peters Assemblyman Tom Roberts Assemblyman Jim Wheeler

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VI. A. Appointments to Various Ongoing Statutory Committees

4. Legislative Committee on Health Care (NRS 439B.200)

Summary: This Committee has broad authority to review and evaluate the quality, effectiveness, and costs of health care in this State. It consists of six members (three from each House), appointed by the Legislative Commission with regard for their experience with/knowledge of health care matters.

No member of the Committee may: (a) Have a financial interest in a health facility in this State; (b) Be a member of a board of directors or trustees of a health facility in this State; (c) Hold a position with a health facility in this State in which the Legislator exercises control over any policies established for the health facility; or (d) Receive a salary or other compensation from a health facility in this State.

These provisions do not: (a) Prohibit a member of the Committee from selling goods which are not unique to the provision of health care to a health facility if the member primarily sells such goods to persons who are not involved in the provision of health care. (b) Prohibit a member of the Legislature from serving as a member of the Committee if: (1) The financial interest, membership on the board of directors or trustees, position held with the health facility or salary or other compensation received would not materially affect the independence of judgment of a reasonable person; and (2) Serving on the Committee would not materially affect any financial interest he has in a health facility in a manner greater than that accruing to any other person who has a similar interest.

The Legislative Commission selects a chair and vice chair. The chairmanship rotates between the Houses and is in the Senate during this interim. The Committee will conduct approximately seven to eight meetings lasting around six hours between September 1, 2019, and August 31, 2020.

Interested in Serving Senator Joe Hardy Senator Julia Ratti Senator Pat Spearman Senator Joyce Woodhouse (1) Assemblyman Richard Carrillo Assemblywoman Lesley Cohen Assemblywoman Michelle Gorelow Assemblyman Gregory Hafen Assemblywoman Brittney Miller Assemblywoman Connie Munk Assemblywoman Rochelle Nguyen Assemblywoman Ellen Spiegel Assemblywoman Robin Titus (this is a priority for her)

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Will Serve if Needed Senator Yvanna Cancela Senator Pete Goicoechea Senator Dallas Harris Senator Ben Kieckhefer Senator James Ohrenschall Assemblywoman Sarah Peters Senator Keith Pickard Senator Melanie Scheible Assemblywoman Shea Backus Assemblywoman Shannon Bilbray-Axelrod Assemblywoman Bea Duran Assemblyman John Ellison Assemblyman Edgar Flores Assemblyman John Hambrick Assemblywoman Melissa Hardy Assemblywoman Sandra Jauregui Assemblyman Glen Leavitt Assemblywoman Danielle Monroe-Moreno

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VI. A. Appointments to Various Ongoing Statutory Committees

5. Legislative Committee on Public Lands (NRS 218E.510)

Summary: This Committee reviews and comments on matters relating to public lands and water resources. It includes four members of the Senate, four members of the Assembly, and an elected officer representing the governing body of a local political subdivision, all appointed by the Legislative Commission with appropriate regard for their experience with and knowledge of matters relating to public lands. The Legislative Commission is also authorized to appoint alternates for the members. The members elect a chair from one House and a vice chair from the other at the first meeting. The Committee will schedule approximately six half-day or longer meetings between September 1, 2019, and August 31, 2020. Four or more meetings are usually held in rural locations and may require overnight stays and driving to cities/towns not accessible by air.

Through the enactment of AB 250, the 2019 Legislature appropriated $13,980 for five members of the Legislative Committee on Public Lands and one staff member of the Legislative Counsel Bureau to attend informational meetings and tours in Washington, D.C., during the 2019-2020 interim.

Interested in Serving Senator Chris Brooks Senator Pete Goicoechea Senator (only committee interested in) Senator Ben Kieckhefer Senator David Parks (Would like to continue serving) Senator Melanie Scheible Assemblywoman Shannon Bilbray-Axelrod Assemblyman John Ellison Assemblyman Gregory Hafen Assemblywoman Alexis Hansen Assemblywoman Sandra Jauregui Assemblywoman Sarah Peters Assemblyman Greg Smith Assemblywoman Heidi Swank Assemblywoman Robin Titus (Personal priority) Assemblyman Howard Watts (3) (would like to serve on this or Wildfire, but not both) Assemblyman Jim Wheeler

Will Serve if Needed Senator Joe Hardy Senator Dallas Harris Senator Julia Ratti Senator Joyce Woodhouse Assemblywoman Shea Backus Assemblywoman Maggie Carlton

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Assemblyman Skip Daly Assemblywoman Rochelle Nguyen Assemblywoman Danielle Monroe-Moreno Assemblyman Steve Yeager

Nomination for elected officer representing governing body of local political subdivision:

Lorinda Wichman (by Asm. Swank) Daniel Corona, Mayor of West Wendover (by Asm. Nguyen) Clark Co. Commissioner Tick Segerbloom (by Sen. Ohrenschall)

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VI. A. Appointments to Ongoing Statutory Committees

6. Commission on Special License Plates (NRS 482.367004)

Summary: The Commission on Special License Plates approves design and issuance of special license plates. It has five legislative members appointed by the Legislative Commission, including the former chairs of the Transportation committees. The members serve two-year terms that begin on July 1 of the odd-numbered year.

Statutory Provision: NRS 482.367004 Commission on Special License Plates: Creation; membership; term; service without salary or compensation; administrative support; duties. 1. There is hereby created the Commission on Special License Plates. The Commission is advisory to the Department and consists of five Legislators and three nonvoting members as follows: (a) Five Legislators appointed by the Legislative Commission: (1) One of whom is the Legislator who served as the Chair of the Assembly Standing Committee on Transportation during the most recent legislative session. That Legislator may designate an alternate to serve in place of the Legislator when absent. The alternate must be another Legislator who also served on the Assembly Standing Committee on Transportation during the most recent legislative session. (2) One of whom is the Legislator who served as the Chair of the Senate Standing Committee on Transportation during the most recent legislative session. That Legislator may designate an alternate to serve in place of the Legislator when absent. The alternate must be another Legislator who also served on the Senate Standing Committee on Transportation during the most recent legislative session. (b) Three nonvoting members consisting of: (1) The Director of the Department of Motor Vehicles, or a designee of the Director. (2) The Director of the Department of Public Safety, or a designee of the Director. (3) The Director of the Department of Tourism and Cultural Affairs, or a designee of the Director. 2. Each member of the Commission appointed pursuant to paragraph (a) of subsection 1 serves a term of 2 years, commencing on July 1 of each odd-numbered year. A vacancy on the Commission must be filled in the same manner as the original appointment. 3. Members of the Commission serve without salary or compensation for their travel or per diem expenses.

The Chairs of the Growth and Infrastructure Committees during the 2019 Legislative Session were:

Senate Committee – Senator Yvanna Cancela Assembly Committee – Assemblywoman Daniele Monroe-Moreno

The Legislative Commission is required to appoint the two Chairs listed above and three additional Legislators for the upcoming Interim. VI. A. Appointments to Ongoing Statutory Committees

7. Legislative Commission’s Subcommittee to Review Regulations (NRS 233B.067)

Statutory Provision: NRS 233B.067 Permanent regulation: Submission by agency of informational statement and copy of regulation to Legislative Counsel; endorsement of date and maintenance of copy by Legislative Counsel; statement by agency required if adoption of regulation is required by federal law; review by Legislative Commission or Subcommittee to Review Regulations; written request by agency for review by Subcommittee in emergency circumstances; approval of or objection to by Commission or Subcommittee; duty of Legislative Counsel to file approved regulations with Secretary of State or return regulations with notice of objection to agency; appointment of members of Subcommittee. … 6. As soon as practicable after each regular legislative session, the Legislative Commission shall appoint a Subcommittee to Review Regulations consisting of at least three members or alternate members of the Legislative Commission.

All permanent regulations must be approved by the Legislative Commission or its Subcommittee to Review Regulations. The Subcommittee must consist of at least three members or alternate members of the Legislative Commission. Those eligible for appointment for the 2017-18 Interim include:

Commission Members Senator Nicole Cannizzaro Assemblywoman Teresa Benitez-Thompson Senator Julia Ratti Assemblywoman Maggie Carlton Senator Moises Denis Assemblyman Skip Daly Senator Scott Hammond Assemblyman Jason Frierson Senator Joseph Hardy Assemblywoman Lisa Krasner Senator Assemblyman Jim Wheeler

Alternate Members

Senator Marilyn Dondero Loop Assemblywoman Shea Backus Senator Assemblyman Chris Edwards Senator Pete Goicoechea Assemblywoman Alexis Hansen Senator Ira Hansen Assemblywoman Sandra Jauregui Senator Dallas Harris Assemblyman Glen Leavitt Senator Ben Kieckhefer Assemblyman William McCurdy Senator David Parks Assemblywoman Daniele Monroe-Moreno Senator Keith Pickard Assemblyman Rochelle Nguyen Senator Melanie Scheible Assemblyman Greg Smith Senator Pat Spearman Assemblywoman Senator Joyce Woodhouse Assemblywoman Selena Torres Assemblyman Steve Yeager

APPOINTMENTS TO INTERIM STUDIES

1. Committee to Conduct a Study Concerning Wildfires (ACR 4, 2019) 2. Committee to Conduct a Study of Issues Relating to Driving Under the Influence of Marijuana (ACR 7, 2019) 3. Committee to Conduct an Interim Study of the Requirements for Reapportionment and Redistricting in the State of Nevada (SCR 9, 2019) 4. Committee to Conduct a Study of the Working Conditions at Licensed Brothels (ACR 6, 2019)

VI.B.

VI. B. Appointments to Interim Studies

1. Committee to Conduct a Study Concerning Wildfires (ACR 4, 2019)

Summary: The Committee will consist of six Legislators. The Majority Leader of the Senate and the Speaker of the Assembly each appoint two members of her or his House. The Minority Leader of each House each appoints one member. The Legislative Commission appoints two additional members, including, a member recommended by the Inter-Tribal Council of Nevada, Inc. and a member recommended by the Senior United States Senator for Nevada, who will not vote on proposals for recommended legislation. The Legislative Commission appoints the chair of the Committee from the members who are Legislators. The Committee will consider, without limitation, methods of reducing wildfire fuels, issues related to early responses to wildfires and the economic impact of wildfires on the State and local communities. The Committee will meet approximately four times between November 1, 2019, and August 31, 2020.

As indicated above, the Legislative Commission only appoints the two nonvoting members of the Committee and does not appoint the Legislative members. Staff will provide additional information regarding the two nonvoting appointments at the meeting. VI. B. Appointments to Interim Studies

2. Committee to Conduct a Study of Issues Relating to Driving Under the Influence of Marijuana (ACR 7, 2019)

Summary: The Committee will consist of six Legislators (three Senators and three Assembly Members) appointed by the Legislative Commission. The Legislative Commission will appoint one of the members as chair of the Committee. The study will include, without limitation, an examination of:

(1) Scientific evidence relating to driving under the influence of marijuana; (2) Data from Nevada and any other state that has legalized the use of marijuana in any capacity on the number of arrests and convictions for driving under the influence of marijuana, including, without limitation, any change in such number after the legalization of the use of marijuana; (3) The approaches other states that have legalized the use of marijuana have taken to address the issue of driving under the influence of marijuana; (4) Any new and existing products, tests and methods to observe or determine a person’s level of impairment caused by the use of marijuana at the scene of a vehicle crash or where a police officer stops a vehicle or a convenient place for the administration of an evidentiary test; (5) The existing laws of this State regarding driving under the influence of marijuana and an evaluation of whether those laws should be changed to address issues relating to driving under the influence of marijuana, including, without limitation, whether such laws should differentiate between holders of a valid registration identification card and recreational users of marijuana; (6) How a change in laws regarding driving under the influence of marijuana may impact other laws of this State, including, without limitation, workers’ compensation and employment and labor laws; and (7) Any other matters which are deemed relevant to the issue of driving under the influence of marijuana in this State.

The Committee will meet approximately four times between November 1, 2019, and August 31, 2020.

Interested in Serving Senator Yvanna Cancela Senator Scott Hammond Senator Dallas Harris (1) Senator Melanie Scheible (3) Assemblywoman Shea Backus (11) Assemblyman John Ellison Assemblyman Edgar Flores Assemblyman Ozzie Fumo Assemblywoman Michelle Gorelow Assemblyman Gregory Hafen Assemblyman Glen Leavitt Assemblywoman Rochelle Nguyen Assemblyman Tom Roberts Assemblywoman Selena Torres

Will Serve if Needed Senator Pete Goicoechea Senator Joe Hardy Senator Joyce Woodhouse Assemblywoman Shannon Bilbray-Axelrod Assemblywoman Lesley Cohen Assemblyman Skip Daly Assemblywoman Bea Duran Assemblyman John Hambrick Assemblywoman Sandra Jauregui Assemblyman William McCurdy II Assemblywoman Brittney Miller Assemblywoman Danielle Monroe-Moreno Assemblywoman Sarah Peters Assemblywoman Heidi Swank Assemblywoman Robin Titus Assemblyman Howard Watts Assemblyman Jim Wheeler Assemblyman Steve Yeager

VI. B. Appointments to Interim Studies

3. Committee to Conduct an Interim Study of the Requirements for Reapportionment and Redistricting in the State of Nevada (SCR 9, 2019)

Summary: The Committee will consist of a number of Legislators to be determined by the Legislative Commission. All members will be appointed by the Legislative Commission. The study will include: (1) a continuing examination and monitoring of any redistricting systems established or recommended for use by the Legislature, including the requirements for computer equipment, computer software and the training of personnel; (2) a review of the case law concerning planning for reapportionment and redistricting in other states; (3) a review of the programs of other states relating to planning for reapportionment and redistricting; (4) the continuation of the State’s participation in the programs of the Bureau of the Census; and (5) to the extent practicable, the participation in programs of the Bureau of the Census and the State of Nevada to increase the awareness of the general public concerning the census to ensure a complete and accurate count of all Nevadans in the year 2020. The Committee will meet approximately four times between November 1, 2019, and August 31, 2020.

Interested in Serving Senator Chris Brooks Senator Yvanna Cancela Senator Mo Denis Senator Dallas Harris (2) Senator James Ohrenschall (1) Senator David Parks (previously involved with 2001 & 2011 redistricting) Senator Keith Pickard Senator Melanie Scheible (2) Senator Heidi Seevers Gansert Senator Pat Spearman Senator Joyce Woodhouse (1) Assemblyman Alexander Assefa Assemblywoman Shannon Bilbray-Axelrod Assemblyman Skip Daly (1) Assemblywoman Bea Duran Assemblyman John Ellison Assemblyman Edgar Flores Assemblywoman Michelle Gorelow Assemblyman Gregory Hafen Assemblyman John Hambrick Assemblywoman Sandra Jauregui Assemblyman Glen Leavitt Assemblywoman Susan Martinez Assemblyman William McCurdy II (2) Assemblywoman Brittney Miller Assemblywoman Danielle Monroe-Moreno Assemblywoman Assemblyman Greg Smith Assemblywoman Ellen Spiegel Assemblywoman Selena Torres Assemblyman Howard Watts (2)

Will Serve if Needed Senator Pete Goicoechea Senator Ben Kieckhefer Senator Julia Ratti Assemblywoman Shea Backus Assemblywoman Maggie Carlton Assemblyman Richard Carrillo Assemblywoman Lesley Cohen Assemblyman Ozzie Fumo Assemblywoman Melissa Hardy Assemblywoman Rochelle Nguyen Assemblyman Tom Roberts Assemblywoman Heidi Swank Assemblywoman Robin Titus Assemblyman Jim Wheeler Assemblyman Steve Yeager

VI. B. Appointments to Interim Studies

4. Committee to Conduct a Study of the Working Conditions at Licensed Brothels (ACR 6, 2019)

Summary: The Committee will consist of six Legislators (three Senators and three Assembly Members) appointed by the Legislative Commission. The Legislative Commission will appoint one of the members as chair of the Committee. The study will include, without limitation, an examination of: (1) the extent to which the rules and working conditions in licensed brothels provide for the health, safety and general welfare of sex workers in licensed brothels; (2) the ways in which contracts between sex workers in licensed brothels and brothel owners and operators protect the physical and mental health of those workers; (3) the adequacy of oversight and regulation by the State and licensing and law enforcement units of local government with respect to the health, safety and general welfare of workers in licensed brothels; and (4) employment issues, including, without limitation, the classification of sex workers as employees versus independent contractors. The Committee will meet approximately four times between November 1, 2019, and August 31, 2020.

Interested in Serving Senator Melanie Scheible (4) Assemblywoman Shannon Bilbray-Axelrod Assemblywoman Lesley Cohen Assemblyman Skip Daly (3) Assemblyman John Ellison Assemblyman Edgar Flores Assemblyman Gregory Hafen Assemblywoman Sandra Jauregui Assemblywoman Sarah Peters Assemblyman Jim Wheeler

Will Serve if Needed Senator Yvanna Cancela Senator Pete Goicoechea Senator Dallas Harris Senator David Parks Assemblyman Glen Leavitt Assemblywoman Brittney Miller Assemblywoman Ellen Spiegel Assemblywoman Heidi Swank Assemblywoman Selena Torres Assemblyman Steve Yeager

VI.C.

APPOINTMENTS TO NONLEGISLATIVE COMMITTEES

1. Advisory Council on the State Program for Wellness and the Prevention of Chronic Disease (NRS 439.518) 2. State Council for the Coordination of the Interstate Compact on Educational Opportunity for Military Children (NRS 388F.020) 3. Task Force on Alzheimer’s Disease (NRS 439.5083 and SB 92, 2017) 4. Nevada Commission on Aging (NRS 427A.032) 5. Regional Behavioral Health Policy Boards (AB 366, 2017) 6. Advisory Committee on Housing (AB 476, 2019) 7. Private Activity Bond Council (AB 476, 2019) 8. Advisory Committee for the Office of Minority Health and Equity (NRS 232.482) 9. Commissioners on Uniform State Laws (NRS 219.020) 10. Southern Nevada Enterprise Community Board (Section 8, SB 352, 2007, as last amended by AB 304, 2009) 11. Commission on Ethics (NRS 281A.200)

VI. C. Appointments to Nonlegislative Committees

1. Advisory Council on the State Program for Wellness and the Prevention of Chronic Disease (NRS 439.518)

Summary: The Council advises and makes recommendations to the Division of Public and Behavioral Health concerning the State program for wellness and recommendations for preventing chronic disease. The Legislative Commission appoints one member of the Senate and one member of the Assembly to the Council. . The members serve without compensation except, within the limits of available money, may receive per diem allowance and travel expenses.

Interested in Serving Senator Yvanna Cancela Senator Dallas Harris Senator Senator Joyce Woodhouse Assemblywoman Michelle Gorelow Assemblyman John Hambrick Assemblyman Glen Leavitt

Will Serve if Needed Senator Pete Goicoechea Senator Joe Hardy Senator Melanie Scheible Assemblywoman Shannon Bilbray-Axelrod Assemblyman Richard Carrillo Assemblywoman Lesley Cohen Assemblyman Skip Daly Assemblyman John Ellison Assemblyman Gregory Hafen Assemblywoman Brittney Miller Assemblywoman Danielle Monroe-Moreno Assemblywoman Sarah Peters Assemblyman Tom Roberts VI. C. Appointments to Nonlegislative Committees

2. State Council for the Coordination of the Interstate Compact on Educational Opportunity for Military Children (NRS 388F.020)

Summary: The State Council is responsible for carrying out Nevada’s participation in the Interstate Compact. It includes among its members one Legislator or other person appointed by the Legislative Commission to represent the interests of the Legislature. The State Council is required to meet at least twice each year prior and may meet additionally at the call of the chair.

Interested in Serving Senator Pat Spearman Senator Joyce Woodhouse Assemblyman John Ellison Assemblywoman Brittney Miller Assemblyman Tom Roberts

Will Serve if Needed Senator Pete Goicoechea Senator Melanie Scheible Assemblywoman Shea Backus Assemblywoman Shannon Bilbray-Axelrod Assemblywoman Lesley Cohen Assemblyman Skip Daly Assemblywoman Bea Duran Assemblywoman Michelle Gorelow Assemblyman Glen Leavitt Assemblywoman Danielle Monroe-Moreno Assemblyman Jim Wheeler

VI. C. Appointments to Nonlegislative Committees

3. Task Force on Alzheimer’s Disease (NRS 439.5083)

Summary: This Task Force of the Department of Health and Human Services was newly created by the 2013 Legislature. The Task Force is responsible for developing, monitoring, and reviewing a State plan to address Alzheimer’s disease. The Legislative Commission appoints a member of the Senate and a member of the Assembly as voting members of the Task Force. The members serve without compensation except, within the limits of available money, may receive per diem allowance and travel expenses. The Task Force must meet at least once each quarter at the call of the chair.

Interested in Serving Senator Marilyn Dondero Loop Senator Pete Goicoechea Senator Joe Hardy Senator Joyce Woodhouse Assemblywoman Shea Backus (16) Assemblywoman Shannon Bilbray-Axelrod Assemblywoman Lesley Cohen Assemblywoman Michelle Gorelow Assemblywoman Brittney Miller Assemblywoman Connie Munk

Will Serve if Needed Senator Scott Hammond Senator Melanie Scheible Assemblyman Skip Daly Assemblyman John Ellison Assemblywoman Melissa Hardy Assemblyman Glen Leavitt Assemblywoman Danielle Monroe-Moreno Assemblywoman Sarah Peters Assemblyman Tom Roberts

VI. C. Appointments to Nonlegislative Committees

4. Nevada Commission on Aging (NRS 427A.032)

Summary: One member of the Senate and one member of the Assembly are appointed as nonvoting members by the Legislative Commission with appropriate regard for their experience with and knowledge of matters relating to older persons. The Commission evaluates and makes recommendations concerning the needs of older persons in this State.

Interested in Serving Senator Chris Brooks Senator Pete Goicoechea Assemblywoman Shea Backus (13) Assemblywoman Shannon Bilbray-Axelrod Assemblyman John Hambrick Assemblywoman Susan Martinez Assemblywoman Connie Munk Assemblywoman Ellen Spiegel

Will Serve if Needed Senator Marilyn Dondero Loop Senator Joe Hardy Senator David Parks Senator Melanie Scheible Senator Joyce Woodhouse Assemblywoman Lesley Cohen Assemblyman Skip Daly Assemblyman John Ellison Assemblyman Glen Leavitt Assemblywoman Brittney Miller Assemblywoman Danielle Monroe-Moreno Assemblywoman Rochelle Nguyen Assemblyman Tom Roberts Assemblyman Jim Wheeler VI. C. Appointments to Nonlegislative Committees

5. Regional Behavioral Health Policy Boards (AB 366, 2017)

Summary: Four behavioral health regions were created by the 2017 Legislature, and the 2019 Legislature reorganized the existing regions and created a fifth one. A regional behavioral health policy board is created for each of the five regions. Each board consists of not less than 7 members and not more than 13 members. The duties of the policy boards include: (1) advising the Department of Health and Human Services, the Division of Public and Behavioral Health of the Department and the Commission on Behavioral Health concerning certain issues; (2) advising the Department, Division and Commission concerning redundant, conflicting or obsolete federal, state and local laws and regulations that relate to behavioral health; (3) establishing an electronic repository of data and information concerning behavioral health and behavioral health services in the behavioral health region; (4) tracking and compiling data concerning persons admitted involuntarily to mental health facilities, hospitals and programs of community-based or outpatient services; and (5) identifying and coordinating with other entities that address issues relating to behavioral health.

The Legislative Commission is required to appoint to each policy board one member who is a Legislator. In making appointments, preference must be given to person who reside in the behavioral health region served by the policy board. Each member appointed to a board serves without compensation. The Behavioral Health Regions are created as follows:

Northern Region – Consists of Carson City and Churchill, Douglas, Lyon and Storey Counties Washoe Region – Consists of Washoe County Rural Region – Consists of Elko, Eureka, Humboldt. Lander, Pershing and White Pine Counties Southern Region – Consists of Esmeralda, Lincoln and Mineral Counties and the portion Nye County that is north of the 38th parallel of north latitude Clark Region – Consists of Clark County and the portion of Nye County that is south of the 38th parallel of north latitude

Interested in Serving Senator Pete Goicoechea Senator Julia Ratti Senator Joyce Woodhouse Assemblyman Gregory Hafen Assemblywoman Michelle Gorelow Assemblywoman Danielle Monroe-Moreno Assemblywoman Connie Munk Assemblywoman Robin Titus (currently on the Northern Region, would like to be reappointed)

Will Serve if Needed Senator Joe Hardy Senator Dallas Harris Senator Melanie Scheible Assemblywoman Shea Backus Assemblywoman Shannon Bilbray-Axelrod Assemblyman Richard Carrillo Assemblywoman Lesley Cohen Assemblywoman Bea Duran Assemblyman John Ellison Assemblyman Edgar Flores Assemblyman John Hambrick Assemblyman Glen Leavitt Assemblywoman Brittney Miller Assemblywoman Rochelle Nguyen Assemblywoman Sarah Peters Assemblyman Tom Roberts

VI. C. Appointments to Nonlegislative Committees

6. Advisory Committee on Housing (AB 476, 2019)

Summary: The Advisory Committee on Housing is required to: (1) review and comment on the annual housing progress report compiled by the Housing Division and the annual plan established by the Housing Division for allocating tax credits for low- income housing; and (2) prepare and submit to the Private Activity Bond Council an annual report concerning housing that addresses, without limitation, community needs for housing in the State, housing trends and housing goals for this State. The Legislative Commission appoints one Legislator to the Advisory Committee. The members of the Committee are not entitled to any additional compensation for their service.

Interested in Serving Senator Yvanna Cancela Senator Dallas Harris Senator Julia Ratti Senator Joyce Woodhouse Assemblyman Alexander Assefa Assemblywoman Shea Backus (14) Assemblywoman Bea Duran Assemblywoman Sandra Jauregui Assemblyman Glen Leavitt Assemblywoman Danielle Monroe-Moreno Assemblywoman Connie Munk

Will Serve if Needed Senator Pete Goicoechea Senator Joe Hardy Senator David Parks Senator Melanie Scheible Assemblywoman Shannon Bilbray-Axelrod Assemblywoman Maggie Carlton Assemblywoman Lesley Cohen Assemblyman Skip Daly Assemblyman John Ellison Assemblyman Edgar Flores Assemblywoman Michelle Gorelow Assemblywoman Sarah Peters Assemblyman Tom Roberts Assemblywoman Heidi Swank Assemblyman Howard Watts Assemblyman Jim Wheeler

VI. C. Appointments to Nonlegislative Committees

7. Private Activity Bond Council (AB 476, 2019)

Summary: The Private Activity Bond Council consists of seven members, including a member of both the Senate and Assembly appointed by the Legislative Commission. Members do not receive compensation, but are entitled receive the per diem allowance and travel expenses provided for state officers and employees generally. The Council’s duties include advising the Governor, the State Board of Finance or the Director of the Department of Business and Industry on the allocation of the state ceiling for the issuance of private activity bonds during any calendar year and on any other matter concerning private activity bonds, if requested; and receiving and considering the annual report concerning housing submitted by the Advisory Committee on Housing described above.

Interested in Serving Senator Julia Ratti Assemblyman Glen Leavitt Assemblywoman Danielle Monroe-Moreno

Will Serve if Needed Senator Pete Goicoechea Senator Dallas Harris Senator Ben Kieckhefer Senator David Parks Senator Melanie Scheible Assemblywoman Shea Backus Assemblywoman Shannon Bilbray-Axelrod Assemblywoman Lesley Cohen Assemblyman Skip Daly Assemblywoman Bea Duran Assemblyman John Ellison Assemblywoman Sarah Peters Assemblywoman Ellen Spiegel Assemblyman Howard Watts

VI. C. Appointments to Nonlegislative Committees

8. Advisory Committee for the Office of Minority Health and Equity (NRS 232.482)

Summary: The Advisory Committee for the Office of Minority Health and Equity has historically consisted of nine voting members appointed by the State Board of Health. Through the enactment of AB 141, the 2017 Legislature added to the Committee an ex officio non-voting member who must be a Legislator appointed by the Legislative Commission. The Advisory Committee is responsible for:

• Advising the Manager of the Office of Minority Health and Equity on all matters concerning the manner in which the purposes of the Office are being carried out; and • Reviewing the manner in which the Office uses its financial resources to carry out the purposes of the Office and Reviews any reports submitted by the Manager.

The Legislative Commission should appoint one Legislator as an ex officio, non-voting member of the Advisory Committee. This item was inadvertently omitted from the survey that was provided to the Legislators to express their preference for interim study appointments. Additional detail will be provided at the meeting.

VI. C. Appointments to Nonlegislative Committees

9. Commissioners on Uniform State Laws (NRS 219.020)

NRS 219.020 Designation and function of Commissioners; National Conference of Commissioners on Uniform State Laws declared joint governmental agency; payment of annual dues. 1. Except as otherwise provided in this section and NRS 219.025, the Commissioners are: (a) The Legislative Counsel; (b) Two members of the faculty of the William S. Boyd School of Law of the University of Nevada, Las Vegas; and (c) Not more than four attorneys licensed to practice law in the State of Nevada appointed by the Legislative Commission. 2. The Legislative Commission shall appoint: (a) Attorneys who are Legislators to fill the appointive positions created pursuant to paragraph (c) of subsection 1 if attorneys are available in the Legislature to fill those positions. (b) Two members of the faculty of the William S. Boyd School of Law of the University of Nevada, Las Vegas, from a list submitted to the Legislative Commission by the Dean of the Law School. Each member so appointed serves for a term of 4 years. 3. The Legislative Counsel may appoint not more than two additional Commissioners from the attorneys employed by the Legislative Counsel Bureau, upon approval of the Legislative Commission. 4. The National Conference of Commissioners on Uniform State Laws is hereby declared to be a joint governmental agency of this State. 5. It is a function of the Commissioners to carry forward the participation of the State of Nevada in the National Conference of Commissioners on Uniform State Laws. Annual dues must be paid to that organization to the extent of legislative appropriation. 6. The Legislative Counsel shall notify the National Conference of Commissioners on Uniform State Laws whenever a Commissioner is appointed pursuant to this section. [Part 1:42:1915; 1919 RL p. 3203; NCL § 6970] + [4:42:1915; 1919 RL p. 3203; NCL § 6973]— (NRS A 1961, 754; 1963, 1389; 1973, 1118; 1995, 352; 2005, 1357; 2011, 3256, 3674)

One of the four attorney positions appointed pursuant paragraph (c) of subsection 1 of NRS 219.020 is currently vacant due to resignations from the Legislature during the 2015-16 Interim. The Legislators who are currently serving as commissioners are Senator Aaron Ford, Senator and Assemblyman James Ohrenschall. The Commission is not required to fill all four attorney positions, but may fill the final position if it wishes to do so.

Assemblywoman Shea Backus has expressed an interest in being appointed. VI. C. Appointments to Nonlegislative Committees

10. Southern Nevada Enterprise Community Board (AB 304, 2009 Session)

The Board consists of 9 members, including one member of the Assembly and one member of the Senate who represent the Community, which consists of nine census tracks designated by former President Clinton on December 21, 1994.

Assemblywoman Dina Neal and Senator Kelvin Atkinson were reappointed to the Board in June 2018. The terms for this appointment are 3 years.

The Legislative Commission needs to appoint a member of the Senate from the Community to replace Senator Atkinson and serve the remainder of his term. The Senate Districts included in the Community include Districts 2, 3, 4 and 10.

VI. C. Appointments to Nonlegislative Committees

11. Commission on Ethics (NRS 281A.200)

NRS 281A.200 Creation; appointment, terms and qualifications of members; prohibited activities by members; vacancies. 1. The Commission on Ethics, consisting of eight members, is hereby created. 2. The Legislative Commission shall appoint to the Commission four residents of the State, at least two of whom must be former public officers or employees, and at least one of whom must be an attorney licensed to practice law in this State. 3. The Governor shall appoint to the Commission four residents of the State, at least two of whom must be former public officers or employees, and at least one of whom must be an attorney licensed to practice law in this State. 4. Not more than four members of the Commission may be members of the same political party. Not more than four members of the Commission may be residents of the same county. 5. None of the members of the Commission may, while the member is serving on the Commission: (a) Hold another public office; (b) Be actively involved in the work of any political party or political campaign; or (c) Communicate directly with a State Legislator or a member of a local legislative body on behalf of someone other than himself or herself or the Commission, for compensation, to influence: (1) The State Legislator with regard to introducing or voting upon any matter or taking other legislative action; or (2) The member of the local legislative body with regard to introducing or voting upon any ordinance or resolution, taking other legislative action or voting upon: (I) The appropriation of public money; (II) The issuance of a license or permit; or (III) Any proposed subdivision of land or special exception or variance from zoning regulations. 6. After the initial terms, the terms of the members are 4 years. Any vacancy in the membership must be filled by the appropriate appointing authority for the unexpired term. Each member may serve no more than two consecutive full terms. (Added to NRS by 1985, 2121; A 1991, 1594; 1999, 2731; 2009, 1048; 2013, 3766)— (Substituted in revision for NRS 281.455)

The position on the Commission currently held by Legislative Commission appointee Barbara Gruenewald will expire on October 31, 2019, and she has expressed an interest in being reappointed to another 4-year term. Ms. Gruenwald is an attorney from Washoe County. She can be reappointed based on the current make-up of the Commission.

APPOINTMENT OF CHAIR AND VICE CHAIR OF CERTAIN COMMITTEES

1. Committee on High-Level Radioactive Waste (NRS 459.0085) V I .

2. Legislative Committee on Education (NRS 218E.605) D . 3. Legislative Committee on Senior Citizens, Veterans and Adults with Special Needs (NRS 218E.750) 4. Legislative Committee on Energy (NRS 218E.805) 5. Legislative Committee on Child Welfare and Juvenile Justice (NRS 218E.705) 6. Legislative Committee on Health Care (NRS 439B.200) 7. Commission on Special License Plates (NRS 482.367004) 8. Committee to Conduct a Study Concerning the Costs of Prescription Drugs (SB 276, 2019) 9. Committee to Conduct a Study Concerning Wildfires (ACR 4, 2019) 10. Committee to Conduct a Study of Issues Relating to Driving Under the Influence of Marijuana (ACR 7, 2019) 11. Committee to Conduct an Interim Study of Issues Relating to Pretrial Release of Defendants in Criminal Cases (SCR 11, 2019) 12. Committee to Conduct an Interim Study of the Requirements for Reapportionment and Redistricting in the State of Nevada (SCR 9, 2019) 13. Committee to Conduct a Study of the Working Conditions at Licensed Brothels (ACR 6, 2019)

VI. D. Appointment of Chair and Vice Chair of Certain Committees

The Legislative Commission appoints members and the Chairs and Vice Chairs of certain committees and appoints the Chairs and Vice Chairs of certain committees to which members are appointed by Legislative Leadership. Below is a list of Committees for which the Legislative Commission is responsible for appointing the Chair and Vice Chair. In some cases additional information regarding the members appointed to the committees will be provided at the meeting prior to the vote on Chair and Vice Chair.

1. Committee on High Level Radioactive Waste (NRS 459.0085)

The Legislative Commission is required to select a Chair and a Vice Chair from the members of the Committee.

2017-18 Interim Chair and Vice Chair:

• Assemblyman Edgar Flores, Chair • Senator David Parks, Vice Chair

Members have not been appointed at this time. Additional information will be provided at the meeting.

2. Legislative Committee on Education (NRS 218E.605)

The Legislative Commission is required to select the Chair and Vice Chair of the Committee from among the members of the Committee. Each Chair and Vice Chair holds office for a term of 2 years commencing on July 1 of each odd- numbered year. The office of Chair of the Committee must alternate each biennium between the Houses.

2017-18 Interim Chair and Vice-Chair:

• Senator Moises Denis, Chair • Assemblyman Tyrone Thompson, Vice Chair

Members have not been appointed at this time. Additional information will be provided at the meeting.

3. Legislative Committee on Senior Citizens, Veterans and Adults with Special Needs (NRS 218E.750)

The Legislative Commission is required to select the Chair and Vice Chair of the Committee from among the members of the Committee. After the initial selection, each Chair and Vice Chair holds office for a term of 2 years commencing on July

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1 of each odd-numbered year. The office of Chair of the Committee must alternate each biennium between the Houses.

2017-18 Interim Chair and Vice-Chair:

• Assemblywoman Lesley Cohen, Chair • Senator Pat Spearman, Vice Chair

Members have not been appointed at this time. Additional information will be provided at the meeting.

4. Legislative Committee on Energy (NRS 218E.805)

The Legislative Commission is required to select the Chair and Vice Chair of the Committee from among the members of the Committee. Each Chair and Vice Chair holds office for a term of 2 years commencing on July 1 of each odd- numbered year. The office of Chair of the Committee must alternate each biennium between the Houses.

2017-18 Interim Chair and Vice-Chair:

• Senator Kelvin Atkinson, Chair • Assemblyman Chris Brooks, Vice Chair

Members have not been appointed at this time. Additional information will be provided at the meeting.

5. Legislative Committee on Child Welfare and Juvenile Justice (NRS 218E.705)

The Legislative Commission is required to select the Chair and Vice Chair of the Committee from among the members of the Committee. Each Chair and Vice Chair holds office for a term of 2 years commencing on July 1 of each odd- numbered year. The office of Chair of the Committee must alternate each biennium between the Houses.

2017-18 Interim Chair and Vice Chair:

• Assemblywoman Daniele Monroe-Moreno, Chair • Senator , Vice Chair

The members of the Committee will be appointed by the Legislative Commission under Agenda Item VI. A. 3.

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6. Legislative Committee on Health Care (NRS 439B.200)

The Legislative Commission is required to select the Chair and Vice Chair of the Committee from among the members of the Committee. Each Chair and Vice Chair holds office for a term of 2 years commencing on July 1 of each odd- numbered year. The office of Chair of the Committee must alternate each biennium between the Houses.

2017-18 Interim Chair and Vice Chair:

• Senator Patricia Spearman, Chair • Assemblyman Michael Sprinkle, Vice Chair

The members of the Committee will be appointed by the Legislative Commission under Agenda Item VI. A. 4.

7. Commission on Special License Plates (NRS 482.367004)

The Legislative Commission has historically selected as Chair and Vice Chair the Chairs of the Standing Committees on Transportation. During the last Interim, the Chair of the Commission was Senator Patricia Farley and the Vice Chair was Assemblyman Richard Carrillo.

The Chairs of the Growth and Infrastructure Committees during the 2019 Legislative Session were:

Senate Committee – Senator Yvanna Cancela Assembly Committee – Assemblywoman Daniele Monroe-Moreno

8. Committee to Conduct a Study Concerning the Costs of Prescription Drugs (SB 276, 2019)

The Legislative Commission is required to select the Chair and Vice Chair of the Committee from among the members of the Committee. Members have not been appointed at this time. Additional information will be provided at the meeting.

9. Committee to Conduct a Study Concerning Wildfires (ACR 4, 2019)

The Legislative Commission is required to select the Chair of the Committee from among the Legislative members of the Committee. Members have not been appointed at this time. Additional information will be provided at the meeting. The resolution is silent with regard to the appointment of a Vice Chair.

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10. Committee to Conduct a Study of Issues Relating to Driving Under the Influence of Marijuana (ACR 7, 2019)

The Legislative Commission is required to select the Chair of the Committee from among the Legislative members of the Committee. The members of the Committee will be appointed by the Legislative Commission under Agenda Item VI. B. 2. The resolution is silent with regard to the appointment of a Vice Chair.

11. Committee to Conduct an Interim Study of Issues Related to Pretrial Release of Defendants in Criminal Cases (SCR 11, 2019)

The resolution is silent as to the appointment of a chair and vice chair for the committee, so the Legislative Commission may wish to make the appointment of at least the Chair. Members have not been appointed at this time. Additional information will be provided at the meeting.

12. Committee to Conduct an Interim Study of the Requirements for Reapportionment and Redistricting in the State of Nevada (SCR 9, 2019)

The resolution is silent as to the appointment of a chair and vice chair for the committee, so the Legislative Commission may wish to make the appointment of at least the Chair. The members of the Committee will be appointed by the Legislative Commission under Agenda Item VI. B. 3.

13. Committee to Conduct a Study of the Working Conditions at Licensed Brothels (ACR 6, 2019)

The Legislative Commission is required to select the Chair of the Committee from among the Legislative members of the Committee. The members of the Committee will be appointed by the Legislative Commission under Agenda Item VI. B. 4. The resolution is silent with regard to the appointment of a Vice Chair.

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APPROVAL OF APPOINTMENT OF THE LEGISLATIVE AUDITOR (NRS 218F.100)

VII.

DANIEL L. CROSSMAN, CPA

[email protected]

PROFESSIONAL EXPERIENCE STATE OF NEVADA, LEGISLATIVE COUNSEL BUREAU, AUDIT DIVISION Carson City, Nevada Acting Legislative Auditor (July 2019 to present) Chief Deputy Legislative Auditor (July 2017 to July 2019) Audit Supervisor (November 2015 to July 2017) Deputy Legislative Auditor (December 2003 to November 2015) Supervisory/Management Experience: o Directly assisted the Legislative Auditor with preparation for and responsibilities during Legislative Session including budget development, Audit Division publications, responses to inquiries, meetings with Legislators, and other duties

o Testified in behalf of the Audit Division during Legislative Session and before the Audit Subcommittee of the Legislative Commission

o Supervised and provided guidance to multiple audit teams including detailed reviews of working papers and report content

o Developed quality audit reports improving efficiencies and enhancements to state agencies’ operations

o Interviewed job applicants and made hiring recommendations to the Legislative Auditor

o Developed and provided training to Division staff o Mentored staff and helped develop and obtain professional goals o Revised the Division’s Audit Manual and related documentation to reflect updated GAGAS requirements

o Oversaw procurement of and contract monitoring for the Statewide Uniform Guidance Single Audit for the State

o Completed the LCB Leadership Academy in 2011-2012 Auditing Skills/Accomplishments: o Selected as Vice Chair of the National State Auditors Association’s (NSAA) Excellence in Accountability Awards Committee (2019-2020)

o Member of the NSAA’s Performance Audit Committee and Peer Review Committee o Performed external quality control reviews in Pennsylvania (2012) and Maryland (2015)

o Planned and conducted performance audits of various state agencies o Worked closely with agencies’ staff and management to improve operational effectiveness and efficiencies

1 DANIEL L. CROSSMAN, CPA

o Evaluated agencies’ controls, policies and procedures, and related activities for inefficiencies or weaknesses and developed constructive recommendations for change

o Determined agencies’ compliance with approved budgets, state and federal laws, regulations, and best practices and related benchmarks

o Communicated audit results through written reports and presentations to the Audit Subcommittee of the Legislative Commission

o Enhanced Division’s technological capabilities through electronic workpaper and data analytics software. KPMG, LLP Mountain View, California Senior Associate Auditor, Assurance (Financial Audit) Services (September 2000 to November 2003)

Experience: o Supervised and managed teams of multiple associates o Performed quarterly and annual audits of businesses including various publicly traded entities and assisted with US Securities and Exchange Commission filings

o Developed innovative audit techniques to mitigate risk and maximize efficiency CERTIFICATIONS CERTIFIED PUBLIC ACCOUNTANT – LICENSED IN THE STATE OF NEVADA AND THE STATE OF CALIFORNIA EDUCATION BACHELOR OF SCIENCE - ACCOUNTANCY Brigham Young University, Marriott School of Management, Accountancy and Information Systems - Provo, Utah (Graduated December 1999)

2

SUMMARY OF QUARTERLY REPORTS ON DISCIPLINARY ACTION FROM THE LICENSING BOARDS AND STATE AGENCIES

VIII.A.

Occupational Licensing Quarter 3 of 2019

Board Disciplinary Licenses Licenses Apps Apps Apps Avg Days Total Actions Added Removed Recvd Rej Rev Rejected Denials To Compl The Board of Dental Examiners of Nevada *LR: 2019, Q2 *LR: 2019, Q2 The Board of Dispensing Opticians *LR: 2019, Q2 *LR: 2019, Q2 The Board of Examiners for Alcohol, Drug and Gambling *LR: 2019, Q2 *LR: 2019, Q2 Counselors The Board of Examiners for Marriage and Family Therapists *LR: 2019, Q1 *LR: 2019, Q1 and Clinical Professional Counselors The Board of Examiners for Social Workers *LR: 2019, Q2 *LR: 2019, Q2 The Board of Hearing Aid Specialists (defunct) *LR: 2015, Q2 *LR: 2015, Q2 The Board of Homeopathic Medical Examiners *LR: 2018, Q4 *LR: 2018, Q4 The Board of Landscape Architecture *LR: 2019, Q2 *LR: 2019, Q2 The Board of Medical Examiners *LR: 2019, Q2 *LR: 2019, Q2 The Board of Occupational Therapy *LR: 2019, Q2 *LR: 2019, Q2 The Board of Psychological Examiners *LR: 2019, Q2 *LR: 2019, Q1 The Board of Registered Environmental Health Specialists *LR: 2019, Q2 *LR: 2019, Q2 The Certified Court Reporters Board of Nevada *LR: 2019, Q2 *LR: 2019, Q2 The Chiropractic Physicians Board of Nevada *LR: 2019, Q2 *LR: 2019, Q2 The Commissioner of Financial Institutions *LR: 2018, Q4 *LR: 2018, Q4 The Division of Mortgage Lending of the Department of *LR: 2019, Q2 *LR: 2019, Q2 Business and Industry The Health Division of the Department of Health and Human *LR: 2019, Q2 *LR: 2019, Q2 Services The Nevada State Board of Accountancy *LR: 2019, Q2 *LR: 2019, Q2 The Nevada State Board of Examiners for Long Term Care 0 0 0 0 0 0 0.0 0 Administrators The Nevada State Board of Optometry *LR: 2019, Q1 *LR: 2019, Q1 The Nevada State Board of Veterinary Medical Examiners *LR: 2018, Q2 *LR: 2018, Q2

For more information, go to http://www.leg.state.nv.us, click on General Info, Reports of Occupational Licensing Boards. *LR = Last Report Page 1 of 2 Occupational Licensing Quarter 3 of 2019

Board Disciplinary Licenses Licenses Apps Apps Apps Avg Days Total Actions Added Removed Recvd Rej Rev Rejected Denials To Compl The Nevada State Funeral Board *LR: 2018, Q4 *LR: 2018, Q4 The Private Investigator’s Licensing Board *LR: 2019, Q2 *LR: 2019, Q2 The Real Estate Division of the Department of Business and *LR: 2019, Q1 *LR: 2018, Q3 Industry The Speech-Language Pathology, Audiology and Hearing Aid *LR: 2019, Q2 *LR: 2019, Q2 Dispensing Board The State Barbers Health and Sanitation Board *LR: 2019, Q2 *LR: 2019, Q2 The State Board of Architecture, Interior Design and *LR: 2019, Q2 *LR: 2019, Q2 Residential Design The State Board of Athletic Trainers *LR: 2018, Q4 *LR: 2018, Q4 The State Board of Cosmetology *LR: 2019, Q2 *LR: 2019, Q2 The State Board of Massage Therapists *LR: 2019, Q2 *LR: 2019, Q2 The State Board of Nursing *LR: 2019, Q2 *LR: 2019, Q2 The State Board of Oriental Medicine *LR: 2019, Q1 *LR: 2019, Q1 The State Board of Osteopathic Medicine 0 42 57 0 0 0 0.0 0 The State Board of Pharmacy 5 *LR: 2019, Q2 The State Board of Physical Therapy Examiners *LR: 2019, Q1 *LR: 2019, Q1 The State Board of Podiatry *LR: 2019, Q2 *LR: 2019, Q2 The State Board of Professional Engineers and Land *LR: 2019, Q2 *LR: 2019, Q2 Surveyors The State Contractors Board *LR: 2019, Q2 *LR: 2019, Q2

For more information, go to http://www.leg.state.nv.us, click on General Info, Reports of Occupational Licensing Boards. *LR = Last Report Page 2 of 2

REPORTS ON CONTRACTS FOR PUBLIC WORKS AWARDED TO CONTRACTORS, APPLICANTS OR DESIGN-BUILD TEAMS WHO RECEIVE A PREFERENCE IN BIDDING PURSUANT TO NRS 338.0117(7) a. Washoe County School District for period from July 1, 2018 to June 30, 2019 b. Department of Transportation for period from July 1, 2018 to June 30, 2019 c. Clark County Water Reclamation District for period from July 1, 2018 to June 30, 2019 VIII.B.1.

425 East Ninth Street * P.O. Box 30425 * Reno, NV 89520-3425 Phone (775) 348-0200 * (775) 348-0304 * www.washoeschools.net

Board of Trustees: Katy Simon Holland, President * Malena Raymond, Vice President * Angela Taylor, Clerk * Jacqueline Calvert * Andrew Caudill * Scott Kelley * Ellen Minetto * Kristen McNeill, Ed.D., Interim Superintendent

Preference Report per NRS 338.0117 Period: July 1, 2018 to June 30, 2019

TO: State of Nevada - Legislative Counsel Bureau ATTN: Director E-Mail: [email protected]

FROM: Washoe County School District – Purchasing Department

Dawn Allshouse – Buyer II E-Mail: [email protected]

Aprile Anderson – Buyer II E-Mail: [email protected]

14101 Old Virginia Road – Reno, NV 89521 Phone: 775-850-8025

As required by NRS 338.0117, Subsection 7, this memo is to notify you that the Washoe County School District did not award any projects during the period of July 1, 2018 thru June 30, 2019 that were based on preferential bidder status.

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VIII.B.2.

TONAOPAH FIRE DEPARTMENT QUARTERLY AND ANNAUL REPORTS ON SALES AND USE TAXES IMPOSED TO RECRUIT, EMPLOY AND EQUIP PUBLIC SAFETY PERSONNEL PURSUANT TO SECTION 17.5 OF THE NYE COUNTY SALES AND USE TAX ACT OF 2007

VIII.B.3.

SILVER STATE HEALTH INSURANCE EXCHANGE, FISCAL AND OPERATIONAL REPORT FOR PERIOD ENDING JUNE 30, 2019