Text of NV SB 302 (2021)

S.B. 302 - *SB302* SENATE BILL NO. 302–SENATOR SPEARMAN MARCH 22, 2021 ____________ Referred to Committee on Government Affairs SUMMARY—Revises provisions relating to governmental administration. (BDR 18-171) FISCAL NOTE: Effect on Local Government: No. Effect on the State: Yes. ~ EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted. AN ACT relating to governmental administration; revising provisions relating to the Office of Minority Health and Equity of the Department of Health and Human Services; requiring the Legislative Auditor to include certain information relating to persons employed as a director or chief executive officer in the report of an audit to the extent of money available; declaring the policy of this State concerning employee diversity for state employers; requiring public employers to provide racial equity training to the extent of money available; requiring public officers and employees to complete any such training offered; requiring the Legislative Counsel to develop a racial equity worksheet to the extent of money available and include any such worksheet on the form on which a request for the drafting of a legislative measure must be made; imposing certain requirements concerning expenditures relating to certain health matters; and providing other matters properly relating thereto. Legislative Counsel’s Digest: Existing law creates the Office of Minority Health and Equity within the 1 Department of Health and Human Services. (NRS 232.474) If sufficient money is 2 available, existing law requires the Director of the Department to appoint a 3 Manager to oversee the Office. (NRS 232.477) Existing law authorizes the Office 4 to apply for and accept gifts, grants, appropriations and donations. (NRS 232.476) 5 Section 1 of this bill creates the Minority Health and Equity Account and requires 6 that any gift, grant, appropriation or donation received by the Office be deposited in 7 the Account for the use of the Office. Section 2 of this bill makes a conforming 8 – 2 – - *SB302* change to indicate the proper placement of section 1 in the Nevada Revised 9 Statutes. Sections 5-8 of this bill make certain nonsubstantive revisions to account 10 for the possibility that there may not be sufficient money available to appoint a 11 Manager. 12 Existing law states that the purposes of the Office are to: (1) improve the 13 quality of health care services for members of minority groups; (2) increase access 14 to health care services for members of minority groups; (3) disseminate information 15 to and educate the public on matters concerning health care issues of interest to 16 minority groups; and (4) develop recommendations for changes in policy and 17 advocate on behalf of minority groups. (NRS 232.474) Section 3 of this bill adds 18 the promotion of racial equity to the purposes of the Office. Section 5 of this bill 19 makes a conforming change by requiring the biennial report of the Office 20 prescribed in existing law to include certain information relating to the manner in 21 which the Office has accomplished this purpose. (NRS 232.479) Section 4 of this 22 bill expands the authority of the Office in existing law to allow the Office to enter 23 into joint partnerships with public and private entities to carry out its purposes. 24 (NRS 232.476) 25 Existing law creates an Advisory Committee within the Office, composed of 26 certain stakeholders appointed by the Director of the Department and the State 27 Board of Health. (NRS 232.482) Existing law requires the Advisory Committee to: 28 (1) advise the Manager of the Office; (2) review the Office’s use of certain money 29 and certain reports submitted by the Office; and (3) make certain recommendations 30 relating to the Office. (NRS 232.484) Section 8 of this bill additionally requires the 31 Advisory Committee to: (1) assist the Legislative Counsel in developing the racial 32 equity worksheet required by section 10 of this bill; and (2) to the extent money is 33 available, coordinate, analyze, develop, evaluate and recommend strategies for 34 promoting racial equity in this State. 35 Existing law requires the Legislative Counsel to perform certain duties relating 36 to the drafting of legislative measures. (NRS 218D.050) Existing law also requires 37 that each request for a legislative measure be made on a form prescribed by the 38 Legislative Counsel. (NRS 218D.150, 218D.160, 218D.175-218D.220) Section 10 39 of this bill requires the Legislative Counsel, to the extent money is available, to 40 create, in consultation with the Advisory Committee, a racial equity worksheet that 41 is designed to enable a requester to consider racial equity in developing a request 42 for the drafting of a legislative measure. Section 10 also: (1) requires the 43 Legislative Counsel to include any such worksheet on the form prescribed for 44 requesting the drafting of legislative matters and post the worksheet on the Internet 45 website of the Legislature; and (2) provides that completion of the worksheet is not 46 required as a condition for the drafting of a legislative measure. 47 Existing law requires the Legislative Auditor to conduct a certain audits of 48 accounts, funds and other records of agencies of the State to determine certain 49 information. (NRS 218G.200) Section 13 of this bill requires a report of an audit 50 conducted by the Legislative Auditor to include certain information relating to 51 persons employed as a director or chief executive officer of the audited agency to 52 the extent money is available to do so. 53 Section 15 of this bill: (1) declares the policy of the State that persons 54 employed by the State must, to the extent practicable, reflect the age, gender, 55 sexual, ethnic and geographic diversity of this State; and (2) requires each State 56 agency to post this policy on its Internet website. 57 Section 16 of this bill requires a public employer, to the extent money is 58 available, to provide diversity and racial equity training to each employee. Section 59 16 also requires a public officer or employee to complete any such training. 60 Existing law: (1) requires the Chief of the Budget Division of the Office of 61 Finance to biennially prepare a proposed budget for the Executive Department for 62 the next 2 fiscal years; and : (2) prescribes the contents of the proposed budget. 63 – 3 – - *SB302* (NRS 353.185, 353.205) Sections 17 and 18 of this bill require that any 64 expenditure proposed by that budget for a health care matter that disproportionately 65 affects Black and Indigenous persons and other persons of color must be proposed 66 to be made in a manner that is in direct proportion to the disproportionate effect of 67 that health care issue on each of those groups. Section 11 of this bill requires the 68 Legislature to ensure that any money appropriated or authorized for a health care 69 matter that disproportionately affects those groups is distributed in direct proportion 70 to the disproportionate effect of that health care issue on each of those groups. 71 Existing law requires any department, institution or agency of the Executive 72 Department to submit any request for the revision of the work program of the 73 department, institution or agency for approval by the Chief and, for certain 74 significant expenditures, the Interim Finance Committee. (NRS 353.220) Section 75 19 of this bill requires: (1) any proposed revision to a work program related to a 76 health care matter that disproportionately affects Black and Indigenous persons and 77 other persons of color to be proposed to be made in a manner that is in direct 78 proportion to the disproportionate effect of that health care issue on each of those 79 groups; and (2) the Interim Finance Committee to consider, when acting on the 80 proposed revision, whether the revision is proposed to be made in such a manner. 81 Existing law requires certain gifts or grants to a state agency to be approved by 82 the Interim Finance Committee. (NRS 353.335) Section 20 of this bill requires the 83 Interim Finance Committee, when acting on a proposed gift or grant, to consider 84 whether a proposed gift or grant for a health care matter that disproportionately 85 affects Black and Indigenous persons and other persons of color is proposed to be 86 expended in a manner that is in direct proportion to the disproportionate effect of 87 that health care issue on each of those groups. Section 12 of this bill requires the 88 Fiscal Analysis Division of the Legislative Counsel Bureau to annually prepare and 89 post on the Internet website of the Legislature a report concerning actions taken by 90 the Interim Finance Committee and the Legislature pursuant to sections 11, 19 and 91 20 to ensure that expenditures on health care matters that disproportionately affect 92 Black and Indigenous persons and other persons of color are made in a manner that 93 is in direct proportion to the disproportionate effect of that health care issue on each 94 of those groups when acting on the proposed gift or grant. 95 WHEREAS, As stated by James Baldwin: “Not everything that is 1 faced can be changed, but nothing can be changed until it is faced;” 2 and 3 WHEREAS, Race is a social construct with no biological basis; 4 and 5 WHEREAS, Racism has deep, harmful impacts and unfairly 6 disadvantages Black, Indigenous and other persons of color 7 (BIPOC); and 8 WHEREAS, Racism has impeded solutions necessary to achieve 9 racial parity; and 10 WHEREAS, Nearly 49 percent of Nevada’s population is 11 represented by persons of color, including persons who are Black, 12 Indigenous, Hispanic, Asian or Pacific Islander and persons of more 13 than one racial or ethnic background; and 14 WHEREAS, Nevada is a growing and diverse state with 15 continually shifting demographics; and 16 – 4 – - *SB302* WHEREAS, Systemic racism and structures of racial 1 discrimination create generational poverty, and perpetuate 2 debilitating economic, educational and health hardships and 3 disproportionally affect people of color, causing the single most 4 profound economic and social challenge facing Nevada; and 5 WHEREAS, Communities with high rates of generational poverty 6 are often economically segregated and disproportionately burdened 7 by high rates of unemployment, crime and homelessness, low 8 wages, welfare dependency, food insecurity, underperforming 9 public schools, and chronic physical, mental and public health 10 challenges, such as stress, anxiety and childhood trauma; and 11 WHEREAS, The distribution of loans from the Paycheck 12 Protection Program and Health Care Enhancement Act, Pub. L. No. 13 116-139, supported fewer jobs per resident in BIPOC communities 14 than other communities, thereby widening pre-pandemic economic 15 and health-related inequality in BIPOC communities; and 16 WHEREAS, The American Medical Association, the American 17 Academy of Pediatrics, the American College of Obstetrics and 18 Gynecologists and the American Public Health Association 19 recognize that racism is a social determinant of health that has a 20 profound impact across the lifespan of an individual and that failure 21 to address racism is an urgent public health issue that will 22 exacerbate and perpetuate existing health inequities; and 23 WHEREAS, BIPOC women are up to four times more likely to 24 die of pregnancy-related complications than Caucasian women; and 25 WHEREAS, The disproportionate, detrimental health impacts of 26 COVID-19 on BIPOC communities are indicated by the 27 overrepresentation of BIPOC communities in hospitalization rates 28 and death rates; and 29 WHEREAS, The Office of Minority Health and Equity within the 30 Department of Health and Human Services was created in 2005 for 31 the purpose of improving health care outcomes for members of 32 minority groups; and 33 WHEREAS, The Office of Minority Health and Equity has not 34 been funded since 2015; and 35 WHEREAS, The economic performance of this State and the 36 promise that all Nevada residents shall have equal consideration and 37 opportunity under the laws requires our collective response to the 38 enduring problem of generational poverty and its health 39 implications; and 40 WHEREAS, Many local, regional, state and national entities have 41 recognized racism as a public health crisis; and 42 WHEREAS, During the 32nd Special Session of the Legislature, 43 the Legislature adopted Senate Concurrent Resolution No. 1 File 44 No. 12, Statutes of Nevada, 32nd Special Session, at page 175, 45 – 5 – - *SB302* which declared that systemic racism and structures of racial 1 discrimination constitute a public health crisis; now, therefore, 2 3 THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN 4 SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS: 5 6 Section 1. Chapter 232 of NRS is hereby amended by adding 7 thereto a new section to read as follows: 8 1. The Minority Health and Equity Account is hereby created 9 in the State General Fund. The Account must be administered by 10 the Manager, if appointed, or the Director. The Manager or 11 Director, as applicable, shall deposit in the Account: 12 (a) Any legislative appropriations made to the Office; and 13 (b) Any other money received by the Office pursuant to 14 NRS 232.476. 15 2. The interest and income earned on: 16 (a) The money in the Account, after deducting any applicable 17 charges; and 18 (b) Unexpended appropriations made to the Account from the 19 State General Fund, 20  must be credited to the Account. 21 3. Any money in the Account and any unexpended 22 appropriations made to the Account from the State General Fund 23 remaining at the end of a fiscal year do not revert to the State 24 General Fund, and the balance in the Account must be carried 25 forward to the next fiscal year. 26 4. The money in the Account must be expended to carry out 27 the purposes of NRS 232.467 to 232.484, inclusive, and section 1 28 of this act. 29 Sec. 2. NRS 232.467 is hereby amended to read as follows: 30 232.467 As used in NRS 232.467 to 232.484, inclusive, and 31 section 1 of this act, unless the context otherwise requires, the 32 words and terms defined in NRS 232.468 to 232.473, inclusive, 33 have the meanings ascribed to them in those sections. 34 Sec. 3. NRS 232.474 is hereby amended to read as follows: 35 232.474 The Office of Minority Health and Equity is hereby 36 created within the Department. The purposes of the Office of 37 Minority Health and Equity are to: 38 1. Improve the quality of health care services for members of 39 minority groups; 40 2. Increase access to health care services for members of 41 minority groups; 42 3. Promote racial equity, including, without limitation, in the 43 workplace, health care systems, housing and public safety; 44 – 6 – - *SB302* 4. Disseminate information to and educate the public on 1 matters concerning racial equity and health care issues of interest to 2 members of minority groups; and 3 [4.] 5. Develop recommendations for changes in policy and 4 advocate on behalf of minority groups to carry out the provisions of 5 subsections 1 , 2 and [2.] 3. 6 Sec. 4. NRS 232.476 is hereby amended to read as follows: 7 232.476 The Office may: 8 1. Apply for any available grants and accept any available 9 gifts, grants, appropriations or donations . [, and use any such gifts, 10 grants, appropriations or donations to carry out its purposes;] Any 11 such money received by the Office must be deposited in the 12 Minority Health and Equity Account created pursuant to section 1 13 of this act. 14 2. Contract or enter into a partnership with a public or private 15 entity to assist in carrying out its purposes . [; and] 16 3. Adopt such regulations as are necessary to carry out the 17 provisions of NRS 232.467 to 232.484, inclusive [.] , and section 1 18 of this act. 19 Sec. 5. NRS 232.479 is hereby amended to read as follows: 20 232.479 On or before March 1 of each odd-numbered year, the 21 Manager , if appointed, or the Office shall submit a report to the 22 Governor and to the Director of the Legislative Counsel Bureau for 23 transmittal to the Legislature. The report must [outline] : 24 1. Outline the manner in which the Office has accomplished its 25 purposes during the biennium, including, without limitation, 26 information concerning the activities, findings and 27 recommendations of the Office as they relate to [health] : 28 (a) Health care services for members of minority groups and to 29 health care issues of interest to those members. 30 (b) Racial equity. 31 2. Include a summary of any activities performed by the 32 Advisory Committee pursuant to NRS 232.484. 33 Sec. 6. NRS 232.481 is hereby amended to read as follows: 34 232.481 1. The Manager , if appointed, or the Office may, 35 within the limits of legislative appropriations and other available 36 money, award a grant of money to a person for use consistent with 37 the provisions of NRS 232.467 to 232.484, inclusive [.] , and 38 section 1 of this act. 39 2. Before the Manager or Office, as applicable, may award a 40 grant pursuant to subsection 1, the Manager or Director shall adopt 41 by regulation: 42 (a) Procedures by which a person may apply for a grant from the 43 Manager [;] or Office; 44 – 7 – - *SB302* (b) Criteria that the Manager or Office, as applicable, will 1 consider in determining whether to award a grant; and 2 (c) Procedures by which the Manager or Office, as applicable, 3 will distribute any money that the Office receives by legislative 4 appropriation or pursuant to subsection 1 of NRS 232.476. 5 Sec. 7. NRS 232.483 is hereby amended to read as follows: 6 232.483 1. To the extent that money is available for that 7 purpose, each member of the Advisory Committee who is not an 8 officer or employee of the State of Nevada is entitled to receive a 9 salary of not more than $80 per day, as fixed by the Manager , if 10 appointed, or the Director in consultation with the Advisory 11 Committee, for each day or portion of a day spent on the business of 12 the Advisory Committee. Each member of the Advisory Committee 13 who is an officer or employee of the State of Nevada serves without 14 additional compensation. To the extent that money is available for 15 that purpose, each member of the Advisory Committee is entitled to 16 receive the per diem allowance and travel expenses provided for 17 state officers and employees generally. A claim for a payment 18 pursuant to this section must be made on a voucher approved by the 19 Manager and paid as other claims against the State are paid. 20 2. Each member of the Advisory Committee who is an officer 21 or employee of the State of Nevada or a local government must be 22 relieved from his or her duties without loss of regular compensation 23 so that he or she may prepare for and attend meetings of the 24 Advisory Committee and perform any work necessary to carry out 25 the duties of the Advisory Committee in the most timely manner 26 practicable. A state agency or local governmental entity may not 27 require an employee who is a member of the Advisory Committee to 28 make up time or take annual vacation or compensatory time for the 29 time that he or she is absent from work to carry out his or her duties 30 as a member of the Advisory Committee. 31 Sec. 8. NRS 232.484 is hereby amended to read as follows: 32 232.484 The Advisory Committee shall: 33 1. Advise the Manager , if appointed, or the Office on all 34 matters concerning the manner in which the purposes of the Office 35 are being carried out; 36 2. Review the manner in which the Office uses any gifts, 37 grants, donations or appropriations to carry out the purposes of the 38 Office and make recommendations; [and] 39 3. Review any reports to be submitted by the Manager [,] or 40 the Office, as applicable, including, without limitation, the report 41 required pursuant to NRS 232.479, and make recommendations [.] ; 42 4. Assist the Legislative Counsel in developing the racial 43 equity worksheet required by section 10 of this act; and 44 – 8 – - *SB302* 5. To the extent money is available, coordinate, analyze, 1 develop, evaluate and recommend strategies for advancing racial 2 equity in this State, including, without limitation, by: 3 (a) Reviewing and analyzing: 4 (1) The historical legacy of systemic racism in this State, 5 including its impacts across the social determinants of health; 6 (2) Existing policies, laws, regulations and practices that 7 contribute to, uphold, or exacerbate racial disparities in education, 8 housing, employment, economic security, public health, health 9 care, policing, criminal justice, transportation and public safety; 10 and 11 (3) Equity outcomes in hiring, promotional opportunities 12 and contracts awarded to minority-owned businesses by the State. 13 (b) Assessing workforce equity, including, without limitation, 14 by analyzing whether: 15 (1) The workforce is inclusive of persons of color at a rate 16 representative of their proportion of the population of this State; 17 and 18 (2) Institutional and structural barriers impacting employee 19 selection and retention have been eliminated, enabling opportunity 20 for employment success and career growth for minorities. 21 (c) Establishing a methodology, system of measurement and 22 any needs for data for assessing how state laws, regulations and 23 practices uphold or exacerbate racial disparities. 24 (d) Establishing goals and identifying strategies to advance 25 racial equity in this State, including, without limitation, workforce 26 equity and health-related equity. 27 (e) Making recommendations: 28 (1) For promoting racial equity and addressing systemic 29 racism, including, without limitation, through the adoption of 30 human resources policies and public health policies. 31 (2) Relating to the formation and implementation of racial 32 equity initiatives and proposals. 33 Sec. 9. Chapter 218D of NRS is hereby amended by adding 34 thereto the provisions set forth as sections 10 and 11 of this act. 35 Sec. 10. 1. The Legislative Counsel shall: 36 (a) To the extent money is available for this purpose, create, in 37 consultation with the Advisory Committee created in the Office of 38 Minority Health and Equity by NRS 232.482, a racial equity 39 worksheet that is designed to enable a requester to consider racial 40 equity in developing a request for the drafting of a legislative 41 measure; 42 (b) Include any worksheet developed pursuant to paragraph 43 (a) on the form for requesting the drafting of legislative matters 44 prescribed by the Legislative Counsel; and 45 – 9 – - *SB302* (c) Post any worksheet developed pursuant to paragraph (a) on 1 the Internet website of the Legislature. 2 2. A requester is not required to complete any worksheet 3 created pursuant to subsection 1 as a condition for submitting a 4 request for the drafting of a legislative measure. 5 Sec. 11. In enacting any bill that appropriates or authorizes 6 money for a health care matter that disproportionately affects 7 Black and Indigenous persons and other persons of color, the 8 Legislature shall ensure that the money is distributed in direct 9 proportion to the disproportionate effect of that health care issue 10 on each of those groups. 11 Sec. 12. NRS 218F.600 is hereby amended to read as follows: 12 218F.600 1. The Fiscal Analysis Division consists of the 13 Senate Fiscal Analyst, the Assembly Fiscal Analyst and such 14 additional staff as the performance of their duties may require. 15 2. The Fiscal Analysis Division shall: 16 (a) Thoroughly examine all agencies of the State with special 17 regard to their activities and the duplication of efforts between them. 18 (b) Recommend to the Legislature any suggested changes 19 looking toward economy and the elimination of inefficiency in 20 government. 21 (c) Ascertain facts and make recommendations to the 22 Legislature concerning the budget of the State and the estimates of 23 the expenditure requirements of the agencies of the State. 24 (d) Make projections of future public revenues for the use of the 25 Legislature. 26 (e) Analyze the history and probable future trend of the State’s 27 financial position in order that a sound fiscal policy may be 28 developed and maintained for the State of Nevada. 29 (f) Analyze appropriation bills, revenue bills and bills having a 30 fiscal impact upon the operation of the government of the State of 31 Nevada or its political subdivisions. 32 (g) Advise the Legislature and its members and committees 33 regarding matters of a fiscal nature. 34 (h) Prepare and cause to be posted on the Internet website of 35 the Legislature annually a report concerning: 36 (1) In an even-numbered year, actions taken by the Interim 37 Finance Committee in accordance with paragraph (c) of 38 subsection 7 of NRS 353.220 and paragraph (e) of subsection 4 of 39 NRS 353.335; and 40 (2) In an odd-numbered year, actions taken by the 41 Legislature in accordance with section 11 of this act. 42 (i) Perform such other functions as may be assigned to the Fiscal 43 Analysis Division by the Legislature, the Legislative Commission or 44 the Director. 45 – 10 – - *SB302* Sec. 13. Chapter 218G of NRS is hereby amended by adding 1 thereto a new section to read as follows: 2 The Legislative Auditor shall, to the extent money is available 3 for this purpose, include 4 in a report of an audit the number of persons employed as a 5 director or chief executive officer of the audited agency, and, if 6 available, the number of such persons who self identify as: 7 1. Women, without regard to designated sex at birth. 8 2. Black, African-American, Hispanic, Latino, Asian, Pacific 9 Islander, Native American, Native Hawaiian, Native Alaskan, gay, 10 lesbian, bisexual or transgender. 11 Sec. 14. Chapter 281 of NRS is hereby amended by adding 12 thereto the provisions set forth as sections 15 and 16 of this act. 13 Sec. 15. 1. It is hereby declared to be the public policy of 14 the State of Nevada that, except as otherwise required by law, 15 persons employed by the State must, to the extent practicable, 16 reflect the diversity of this State, including, without limitation, the 17 age, gender, sexual, ethnic and geographic diversity of this State. 18 2. Each state agency shall post the policy set forth in 19 subsection 1 on the Internet website maintained by the State 20 agency. 21 Sec. 16. 1. To the extent money is available, a public 22 employer shall provide diversity and racial equity training to each 23 of its officers and employees, which may include, without 24 limitation, training regarding: 25 (a) Implicit and unconscious bias; and 26 (b) Undoing organizational, institutional, structural and 27 systemic racism. 28 2. A public officer or employee shall complete any training 29 provided pursuant to subsection 1. 30 Sec. 17. NRS 353.185 is hereby amended to read as follows: 31 353.185 The powers and duties of the Chief are: 32 1. To appraise the quantity and quality of services rendered by 33 each agency in the Executive Department of the State Government, 34 and the needs for such services and for any new services. 35 2. To develop plans for improvements and economies in 36 organization and operation of the Executive Department, and to 37 install such plans as are approved by the respective heads of the 38 various agencies of the Executive Department, or as are directed to 39 be installed by the Governor or the Legislature. 40 3. To cooperate with the State Public Works Division of the 41 Department of Administration in developing comprehensive, long- 42 range plans for capital improvements and the means for financing 43 them. 44 – 11 – - *SB302* 4. To devise and prescribe the forms for reports on the 1 operations of the agencies in the Executive Department to be 2 required periodically from the several agencies in the Executive 3 Department, and to require the several agencies to make such 4 reports. 5 5. To prepare the executive budget report for the Governor’s 6 approval and submission to the Legislature. 7 6. To prepare a proposed budget for the Executive Department 8 of the State Government for the next 2 fiscal years, which must: 9 (a) Present a complete financial plan for the next 2 fiscal years; 10 (b) Set forth all proposed expenditures for the administration, 11 operation and maintenance of the departments, institutions and 12 agencies of the Executive Department of the State Government, 13 including those operating on funds designated for specific purposes 14 by the Constitution or otherwise, which must include a separate 15 statement of: 16 (1) The anticipated expense, including personnel, for the 17 operation and maintenance of each capital improvement to be 18 constructed during the next 2 fiscal years and of each capital 19 improvement constructed on or after July 1, 1999, which is to be 20 used during those fiscal years or a future fiscal year; [and] 21 (2) If the expenditure is for a health care matter that 22 disproportionately affects Black and Indigenous persons and other 23 persons of color, the distribution of the money, which must be in 24 direct proportion to the disproportionate effect of that health care 25 issue on each of those groups; and 26 (3) The proposed source of funding for the operation and 27 maintenance of each capital improvement, including personnel, to 28 be constructed during the next 2 fiscal years; 29 (c) Set forth all charges for interest and debt redemption during 30 the next 2 fiscal years; 31 (d) Set forth all expenditures for capital projects to be 32 undertaken and executed during the next 2 fiscal years, and which 33 must, to the extent practicable, provide that each capital project 34 which exceeds a cost of $10,000,000 be scheduled to receive 35 funding for design and planning during one biennium and funding 36 for construction in the subsequent biennium; and 37 (e) Set forth the anticipated revenues of the State Government, 38 and any other additional means of financing the expenditures 39 proposed for the next 2 fiscal years. 40 7. To examine and approve work programs and allotments to 41 the several agencies in the Executive Department, and changes 42 therein. 43 8. To examine and approve statements and reports on the 44 estimated future financial condition and the operations of the 45 – 12 – - *SB302* agencies in the Executive Department of the State Government and 1 the several budgetary units that have been prepared by those 2 agencies and budgetary units, before the reports are released to the 3 Governor, to the Legislature or for publication. 4 9. To receive and deal with requests for information as to the 5 budgetary status and operations of the executive agencies of the 6 State Government. 7 10. To prepare such statements of unit costs and other statistics 8 relating to cost as may be required from time to time, or requested 9 by the Governor or the Legislature. 10 11. To do and perform such other and further duties relative to 11 the development and submission of an adequate proposed budget for 12 the Executive Department of the State Government of the State of 13 Nevada as the Governor may require. 14 Sec. 18. NRS 353.205 is hereby amended to read as follows: 15 353.205 1. The proposed budget for the Executive 16 Department of the State Government for each fiscal year must be set 17 up in four parts: 18 (a) Part 1 must consist of a budgetary message by the Governor 19 which includes: 20 (1) A general summary of the long-term performance goals 21 of the Executive Department of the State Government for: 22 (I) Core governmental functions, including the education 23 of pupils in kindergarten through grade 12, higher education, human 24 services and public safety and health; and 25 (II) Other governmental services; 26 (2) An explanation of the means by which the proposed 27 budget will provide adequate funding for those governmental 28 functions and services such that ratable progress will be made 29 toward achieving those long-term performance goals; 30 (3) An outline of any other important features of the financial 31 plan of the Executive Department of the State Government for the 32 next 2 fiscal years; and 33 (4) A general summary of the proposed budget setting forth 34 the aggregate figures of the proposed budget in such a manner as to 35 show the balanced relations between the total proposed expenditures 36 and the total anticipated revenues, together with the other means of 37 financing the proposed budget for the next 2 fiscal years, contrasted 38 with the corresponding figures for the last completed fiscal year and 39 fiscal year in progress. The general summary of the proposed budget 40 must be supported by explanatory schedules or statements, 41 classifying the expenditures contained therein by organizational 42 units, objects and funds, and the income by organizational units, 43 sources and funds. The organizational units may be subclassified by 44 – 13 – - *SB302* functions and by agencies, bureaus or commissions, or in any other 1 manner determined by the Chief. 2 (b) Part 2 must embrace the detailed budgetary estimates both of 3 expenditures and revenues as provided in NRS 353.150 to 353.246, 4 inclusive. The information must be presented in a manner which sets 5 forth separately the cost of continuing each program at the same 6 level of service as the current year and the cost, by budgetary issue, 7 of any recommendations to enhance or reduce that level of service. 8 Revenues must be summarized by type, and expenditures must be 9 summarized by program or budgetary account and by category of 10 expense. If the expenditure is for a health care matter that 11 disproportionately affects Black and Indigenous persons and other 12 persons of color, the expenditure must be proposed to be made in a 13 manner that is in direct proportion to the disproportionate effect of 14 that health care issue on each of those groups. Part 2 must include: 15 (1) The identification of each long-term performance goal of 16 the Executive Department of the State Government for: 17 (I) Core governmental functions, including the education 18 of pupils in kindergarten through grade 12, higher education, human 19 services, and public safety and health; and 20 (II) Other governmental services, 21  and of each intermediate objective for the next 2 fiscal years 22 toward achieving those goals. 23 (2) An explanation of the means by which the proposed 24 budget will provide adequate funding for those governmental 25 functions and services such that those intermediate objectives will 26 be met and progress will be made toward achieving those long-term 27 performance goals. 28 (3) A mission statement and measurement indicators for each 29 department, institution and other agency of the Executive 30 Department of the State Government, which articulate the 31 intermediate objectives and long-term performance goals each such 32 department, institution and other agency is tasked with achieving 33 and the particular measurement indicators tracked for each such 34 department, institution and other agency to determine whether the 35 department, institution or other agency is successful in achieving its 36 intermediate objectives and long-term performance goals, provided 37 in sufficient detail to assist the Legislature in performing an analysis 38 of the relative costs and benefits of program budgets and in 39 determining priorities for expenditures. If available, information 40 regarding such measurement indicators must be provided for each of 41 the previous 4 fiscal years. If a new measurement indicator is being 42 added, a rationale for that addition must be provided. If a 43 measurement indicator is being modified, information must be 44 provided regarding both the modified indicator and the indicator as 45 – 14 – - *SB302* it existed before modification. If a measurement indicator is being 1 deleted, a rationale for that deletion and information regarding the 2 deleted indicator must be provided. 3 (4) Statements of the bonded indebtedness of the State 4 Government, showing the requirements for redemption of debt, the 5 debt authorized and unissued, and the condition of the sinking 6 funds. 7 (5) Any statements relative to the financial plan which the 8 Governor may deem desirable, or which may be required by the 9 Legislature. 10 (c) Part 3 must set forth, for the Office of Economic 11 Development and the Office of Energy, the results of the analyses 12 conducted by those offices and reported to the Chief pursuant to 13 NRS 353.207 for the immediately preceding 2 fiscal years. 14 (d) Part 4 must include a recommendation to the Legislature for 15 the drafting of a general appropriation bill authorizing, by 16 departments, institutions and agencies, and by funds, all 17 expenditures of the Executive Department of the State Government 18 for the next 2 fiscal years, and may include recommendations to the 19 Legislature for the drafting of such other bills as may be required to 20 provide the income necessary to finance the proposed budget and to 21 give legal sanction to the financial plan if adopted by the 22 Legislature. 23 2. Except as otherwise provided in NRS 353.211, as soon as 24 each part of the proposed budget is prepared, a copy of the part must 25 be transmitted to the Fiscal Analysis Division of the Legislative 26 Counsel Bureau for confidential examination and retention. 27 3. Except for the information provided to the Fiscal Analysis 28 Division of the Legislative Counsel Bureau pursuant to NRS 29 353.211, parts 1 and 2 of the proposed budget are confidential until 30 the Governor transmits the proposed budget to the Legislature 31 pursuant to NRS 353.230, regardless of whether those parts are in 32 the possession of the Executive or Legislative Department of the 33 State Government. Part 4 of the proposed budget is confidential 34 until the bills which result from the proposed budget are introduced 35 in the Legislature. As soon as practicable after the Governor 36 transmits the proposed budget to the Legislature pursuant to NRS 37 353.230, the information required to be included in the proposed 38 budget pursuant to subparagraphs (1), (2) and (3) of paragraph (b) of 39 subsection 1 must be posted on the Internet websites maintained by 40 the Budget Division of the Office of Finance. 41 Sec. 19. NRS 353.220 is hereby amended to read as follows: 42 353.220 1. The head of any department, institution or agency 43 of the Executive Department of the State Government, whenever he 44 or she deems it necessary because of changed conditions, may 45 – 15 – - *SB302* request the revision of the work program of his or her department, 1 institution or agency at any time during the fiscal year, and submit 2 the revised program to the Governor through the Chief with a 3 request for revision of the allotments for the remainder of that fiscal 4 year. 5 2. Every request for revision must be submitted to the Chief on 6 the form and with supporting information as the Chief prescribes. If 7 the request for revision relates to a health care matter that 8 disproportionately affects Black and Indigenous persons and other 9 persons of color, the request must propose a distribution of the 10 money in direct proportion to the disproportionate effect of that 11 health care issue on each of those groups. 12 3. Before encumbering any appropriated or authorized money, 13 every request for revision must be approved or disapproved in 14 writing by the Governor or the Chief, if the Governor has by written 15 instrument delegated this authority to the Chief. 16 4. Except as otherwise provided in subsection 8, whenever a 17 request for the revision of a work program of a department, 18 institution or agency in an amount more than $30,000 would, when 19 considered with all other changes in allotments for that work 20 program made pursuant to subsections 1, 2 and 3 and NRS 353.215, 21 increase or decrease by 10 percent or $75,000, whichever is less, the 22 expenditure level approved by the Legislature for any of the 23 allotments within the work program, the request must be approved 24 as provided in subsection 5 before any appropriated or authorized 25 money may be encumbered for the revision. 26 5. If a request for the revision of a work program requires 27 additional approval as provided in subsection 4 and: 28 (a) Is necessary because of an emergency as defined in NRS 29 353.263 or for the protection of life or property, the Governor shall 30 take reasonable and proper action to approve it and shall report the 31 action, and his or her reasons for determining that immediate action 32 was necessary, to the Interim Finance Committee at its first meeting 33 after the action is taken. Action by the Governor pursuant to this 34 paragraph constitutes approval of the revision, and other provisions 35 of this chapter requiring approval before encumbering money for the 36 revision do not apply. 37 (b) The Governor determines that the revision is necessary and 38 requires expeditious action, he or she may certify that the request 39 requires expeditious action by the Interim Finance Committee. 40 Whenever the Governor so certifies, the Interim Finance Committee 41 has 15 days after the request is submitted to its Secretary within 42 which to consider the revision. Any request for revision which is not 43 considered within the 15-day period shall be deemed approved. 44 – 16 – - *SB302* (c) Does not qualify pursuant to paragraph (a) or (b), it must be 1 submitted to the Interim Finance Committee. The Interim Finance 2 Committee has 45 days after the request is submitted to its Secretary 3 within which to consider the revision. Any request which is not 4 considered within the 45-day period shall be deemed approved. 5 6. The Secretary shall place each request submitted pursuant to 6 paragraph (b) or (c) of subsection 5 on the agenda of the next 7 meeting of the Interim Finance Committee. 8 7. In acting upon a proposed revision of a work program, the 9 Interim Finance Committee shall consider, among other things: 10 (a) The need for the proposed revision; [and] 11 (b) The intent of the Legislature in approving the budget for the 12 present biennium and originally enacting the statutes which the 13 work program is designed to effectuate [.] ; and 14 (c) If the proposed revision relates to a health care matter that 15 disproportionately affects Black and Indigenous persons and other 16 persons of color, whether the revision is proposed in a manner 17 that distributes the money in direct proportion to the 18 disproportionate effect of that health care issue on each of those 19 groups. 20 8. The provisions of subsection 4 do not apply to any request 21 for the revision of a work program which is required: 22 (a) As a result of the acceptance of a gift or grant of property or 23 services pursuant to subsection 5 of NRS 353.335; or 24 (b) To carry forward to a fiscal year, without a change in 25 purpose, the unexpended balance of any money authorized for 26 expenditure in the immediately preceding fiscal year. 27 Sec. 20. NRS 353.335 is hereby amended to read as follows: 28 353.335 1. Except as otherwise provided in subsections 5 and 29 6, a state agency may accept any gift or grant of property or services 30 from any source only if it is included in an act of the Legislature 31 authorizing expenditures of nonappropriated money or, when it is 32 not so included, if it is approved as provided in subsection 2. 33 2. If: 34 (a) Any proposed gift or grant is necessary because of an 35 emergency as defined in NRS 353.263 or for the protection or 36 preservation of life or property, the Governor shall take reasonable 37 and proper action to accept it and shall report the action and his or 38 her reasons for determining that immediate action was necessary to 39 the Interim Finance Committee at its first meeting after the action is 40 taken. Action by the Governor pursuant to this paragraph constitutes 41 acceptance of the gift or grant, and other provisions of this chapter 42 requiring approval before acceptance do not apply. 43 (b) The Governor determines that any proposed gift or grant 44 would be forfeited if the State failed to accept it before the 45 – 17 – - *SB302* expiration of the period prescribed in paragraph (c), the Governor 1 may declare that the proposed acceptance requires expeditious 2 action by the Interim Finance Committee. Whenever the Governor 3 so declares, the Interim Finance Committee has 15 days after the 4 proposal is submitted to its Secretary within which to approve or 5 deny the acceptance. Any proposed acceptance which is not 6 considered within the 15-day period shall be deemed approved. 7 (c) The proposed acceptance of any gift or grant does not qualify 8 pursuant to paragraph (a) or (b), it must be submitted to the Interim 9 Finance Committee. The Interim Finance Committee has 45 days 10 after the proposal is submitted to its Secretary within which to 11 consider acceptance. Any proposed acceptance which is not 12 considered within the 45-day period shall be deemed approved. 13 3. The Secretary shall place each request submitted to the 14 Secretary pursuant to paragraph (b) or (c) of subsection 2 on the 15 agenda of the next meeting of the Interim Finance Committee. 16 4. In acting upon a proposed gift or grant, the Interim Finance 17 Committee shall consider, among other things: 18 (a) The need for the facility or service to be provided or 19 improved; 20 (b) Any present or future commitment required of the State; 21 (c) The extent of the program proposed; [and] 22 (d) The condition of the national economy, and any related fiscal 23 or monetary policies [.] ; and 24 (e) If the proposed gift or grant is proposed to be used for a 25 health care matter that disproportionately affects Black and 26 Indigenous persons and other persons of color, whether the gift or 27 grant is proposed to be expended by the state agency in direct 28 proportion to the disproportionate effect of that health care issue 29 on each of those groups. 30 5. A state agency may accept: 31 (a) Gifts, including grants from nongovernmental sources, not 32 exceeding $20,000 each in value; and 33 (b) Governmental grants not exceeding $150,000 each in value, 34  if the gifts or grants are used for purposes which do not involve 35 the hiring of new employees and if the agency has the specific 36 approval of the Governor or, if the Governor delegates this power of 37 approval to the Chief of the Budget Division of the Office of 38 Finance, the specific approval of the Chief. 39 6. This section does not apply to: 40 (a) The Nevada System of Higher Education; 41 (b) The Department of Health and Human Services while acting 42 as the state health planning and development agency pursuant to 43 paragraph (d) of subsection 2 of NRS 439A.081 or for donations, 44 – 18 – - *SB302* gifts or grants to be disbursed pursuant to NRS 433.395 or 435.490; 1 or 2 (c) Artifacts donated to the Department of Tourism and Cultural 3 Affairs. 4 Sec. 21. The provisions of subsection 1 of NRS 218D.380 do 5 not apply to any provision of this act which adds or revises a 6 requirement to submit a report to the Legislature. 7 Sec. 22. This act becomes effective on July 1, 2021. 8 H