8.
8.
Discussion and possible action regarding the 2017
Legislative process and potential Board position,
recommendations and direction to staff about bills
that may impact PEBP.
(Damon Haycock, Executive Officer)
(For Possible Action)
STATE OF NEVADA
PUBLIC EMPLOYEES’ BENEFITS PROGRAM
901 S. Stewart Street, Suite 1001
Carson City, Nevada 89701
Telephone (775) 684-7000 · (800) 326-5496
BRIAN SANDOVAL
Governor
Fax (775) 684-7028
www.pebp.state.nv.us
DAMON HAYCOCK
PATRICK CATES
Executive Officer
Board Chairman
AGENDA ITEM
X Action Item
Information Only
Date:
January 19, 2017
Item Number:
8
Title:
Legislative Overview Report
SUMMARY
This report will provide the Board an overview of the legislative process, the current Bill Draft
Requests with available bill text reviewed for analysis and impact, and an opportunity for the
Board to direct staff on its position regarding any bills to date.
BACKGROUND
The 79th Session of the Nevada Legislature will begin on February 6, 2017. The session begins
the first Monday in February in odd-numbered years, lasts 120 days, and a Special Session may
be called by the Governor if more time is needed. Bills are presented by various entities
(Governor, Legislators, other government agencies, etc.) and require five separate approvals
before it becomes law. Bills must pass through both houses and the Governor. Bills have limits
and deadlines for quantity and introduction per entity (see Attachment A). Bills can be
introduced first (First House) in either House (Senate or Assembly). A tentative schedule is
provided with this report (Attachment B).
Bills follow this general process:
1. Introduction and first reading in the full house (First House)
2. Referral to committee for hearings and possible action
a. Committees have until April 14, 2017 (68th day of Session) to take action
i. Do Pass
ii. Amend and Do Pass
iii. Amend and Re-refer
iv. Indefinitely Postpone
v. No Action
b. If no action is taken by the committee, the bill dies
3. Second reading to the First House and amendment of bill considered
Legislative Overview Report
January 19, 2017
Page 2
4. Third reading to the First House and additional amendments considered
5. First House debates and votes on the bill
6. First House Passage by April 25, 2017 (79th day of Session)
a. If the bill does not pass the First House, the bill dies
b. Exemptions to the deadline may apply for certain fiscal measures or legislative
business
7. The Second House receives the bill and it is read for the first time
8. Referral to committee for hearings and possible action
a. Committees have until May 19, 2017 (103rd day of Session) to take action
b. If no action is taken by the committee, the bill dies
9. Second reading to the Second House and amendments considered
10. Third reading to the Second House and additional amendments considered
11. Second House debates and votes on the bill
12. Second House Passage by May 26, 2017 (110th day if Session)
a. If no amendment was introduced by Second House (accept the First House
Passage as submitted), the bill goes to the Governor
b. If the bill is amended by the Second House:
i. If the First House concurs, the bill goes to the Governor
ii. If the First House does not concur, and the Second House recedes their
amendment, the bill goes to the Governor
iii. If the First House does not concur and the Second House does not recede,
the bill goes to a Conference Committee
1. Conference Committee (three members per house) discuss and
provide a report to both houses for approval
a. Concur and further amend
b. Recede from an amendment
c. No agreement
2. If report is approved by both houses, the bill passes and goes to the
Governor
13. Governor takes action
a. Sign the bill within 5 days if Legislature is in Session or 10 days if Legislature has
adjourned
b. Veto the bill
i. If Legislature is still in Session, the bill returns to the House of Origin and
a 2/3 vote by both houses can override the veto
c. Not Sign the bill in time effectively allowing the bill to go into law unsigned.
14. Approved bill becomes law on the date specified in the bill. If no date is specified, it
becomes effective on October 1 of that year (October 1, 2017).
A link to the Nevada Legislature’s upcoming session website is available here:
https://www.leg.state.nv.us/Session/79th2017/. This site lists helpful resources such as
“Personalized Legislative Tracking” where one can sign-up for updates, a Bill Draft Request
“BDR List” where one can review all submitted BDRs or those BDRs new each week, as well as
information on Legislators, calendars, and reports submitted. PEBP utilizes this site to track all
BDRs that may impact the program to bring reports to the Board and receive direction on the
Board’s position.
Legislative Overview Report
January 19, 2017
Page 3
REPORT
BOARD POSITION ON LEGISLATIVE MEASURES
Per the PEBP Board’s Duties, Policies and Procedures: The Board has a responsibility to “Take a
position on any proposed legislative matters affecting the Program and direct Agency employees
to make that position known to the Legislature.” PEBP staff will present the Board’s position to
various committees and hearings throughout the Legislative process to ensure the Board’s desires
are accurately provided to lawmakers. The positions generally provided to the Legislature are:
1. “For” a bill: This position informs the Legislature the Board is in support of the bill
presented. The Board can direct staff to be “for” a bill with supporting information
(Example: “The PEBP Board supports this bill with the following recommended
changes…”)
2. “Against” a bill: This position informs the Legislature the Board does not support the bill
presented. Again, the Board can direct staff to be “against” a bill with supporting
information. Often, the Legislature will ask the entity against a bill to work with the bill’s
sponsor to develop an appropriate amendment.
3. “Neutral” to a bill: This position informs the Legislature the Board does not support, nor
is against the bill. This is often followed up by information provided to ensure the
Legislature understands the effect on the agency to help them make the right decisions.
4. “No position” to a bill: This position directs staff to not take a position on a bill. Often
the agency will not be called to a committee hearing and therefore PEBP staff will not
attend and respond to bills the Board has directed staff to take no position. If PEBP is
called to testify on a bill the Board has directed to take no position, the staff will only
respond with “the Board has taken no position on this bill.”
BILL AMENDMENTS
Often, bills will be amended after each reading in both Houses. PEBP will track the bills and
work diligently to provide the Board updates when bills change so the Board can adopt a new
position if desired.
CURRENT BILL TRACKING
The following bills are being tracked by PEBP for possible impact and direction from the Board.
Assembly Bills
Bill # (BDR)
AB51 (BDR 31-231)
 Transfers authority and the duties of the State Controller
as the collection agent for each state agency to the
Director of the Office of Finance in the Office of the
Governor.
Possible Impact
PEBP will need to
update internal
policies for the
collection of debts.
Status
11/21/16 First Reading
Committee on
Government
Affairs
Legislative Overview Report
January 19, 2017
Page 4
AB83 (BDR 57-159)
 Authorizes the Commissioner to place an insurer under
administrative supervision, set forth the requirements for
such supervision and require the insurer under such
supervision to pay the compensation and expenses of the Amends NRS
persons the Commissioner appoints and employs for the 695G.200 and .220,
each of which is
purposes of the administrative supervision.
made applicable to
 Creates new procedures for the Commissioner to
PEBP by NRS
consider each proposed increase or decrease in the rates 287.04335,
of health plans for individual health insurance, group
eliminating the
and blanket health insurance, health insurance for small consultative role of
employers, nonprofit corporations for hospital, medical
the State Board of
and dental services, health maintenance organizations,
Health concerning
plans for dental care and prepaid limited health service
PEBP's system for
organizations.
resolving
complaints. The
 Removes the notice requirement regarding the
remainder of the
discontinuance of a form of a product: (1) of a health
benefit plan; (2) of group health insurance; (3) offered to amendments to the
insurance code in
small employers; and (4) offered to small employers or
AB83 do not appear
purchasers through a voluntary purchasing group.
to directly concern
 Requires a health carrier to provide for notice to
PEBP.
providers of health care concerning: (1) covered
11/21/16 First Reading
Committee on
Commerce
and Labor
services; (2) the health carrier's policies and programs;
(3) the providers' obligations to collect payments; (4)
determinations of coverage; and (5) the inclusion of and
status of a participating provider in the network plan.
Senate Bills
Bill # (BDR)
SB50 (BDR 40-174)
 Authorizes a person of sound mind and 18 or more years
of age to execute an advance directive for psychiatric
care to direct any provider of health care on how he or
she wishes psychiatric care to be provided in the event
that he or she is incapable of making decisions
concerning such care or communicating such decisions.
 Authorizes a person to designate another person to make
decisions for him or her in the event that he or she is
incapable of making such decisions.
 Sets forth certain circumstances under which a physician
or other provider of health care may not comply with an
advance directive for psychiatric care.
Potential Impact
Status
PEBP will need to
ensure our
contracted partners
implement the
acceptance of
advanced directives
for psychiatric care
where applicable
and appropriate.
11/23/16 First Reading
Committee on
Health and
Human
Services
Legislative Overview Report
January 19, 2017
Page 5
SB80 (BDR 18-243)
 Creates the Employee Benefits Division under the
Department of Administration.
 Converts the Board of the Public Employees' Benefits
Program into the Advisory Board of the Public
Employees' Benefits Program and the Advisory Board
shall advise the Administrator concerning the
administration of the Program.
 Requires the operating budget of the Division to include
an amount representing the Division's share of the
operating costs of the central accounting function of the
Department.
 The Administrator assumes: (1) the authority of the
Executive Officer to appoint staff; and (2) the duties of
the Executive Officer to submit certain reports and
receive continuing education.
 The Public Employees’ Benefits Program contracts are
to be awarded in the same manner as provided generally
for all agencies in the Executive Department of the State
Government.
Significant changes
to the structure of
PEBP to include a
migration to the
Department of
Administration and a
new authority level
for the PEBP Board.
11/23/16 First Reading
Committee on
Government
Affairs
Potential Impact
Unknown
Status
No Language
BDR 40-7 - Requires an employer to make certain
accommodations for a nursing mother
Unknown
No Language
BDR 40-17 - Revises provisions governing prescribing,
dispensing and administering controlled substances
designed to end the life of a patient
Unknown
No Language
BDR 24 - Revises provisions relating to health care
Unknown
No Language
BDR 40 - Revises provisions relating to insurance
Unknown
No Language
BDR 51 - Revises provisions certain benefits for veterans
Unknown
No Language
BDR 54-53 - Revises provisions relating to naturopathic
medicine
Unknown
No Language
BDR 15-84 - Revises provisions relating to privacy
Unknown
No Language
BDR 13-87 - Makes various changes relating to
guardianships
Unknown
No Language
BDR 54-91 - Revises provisions governing the practice of
chiropractic
Unknown
No Language
BDR 57-95 - Revises provisions relating to insurance
Unknown
No Language
Bill Draft Requests
BDR
BDR 6 - Revises provisions relating to guardianships
Legislative Overview Report
January 19, 2017
Page 6
BDR 57-112 - Revises provisions governing insurance
BDR 18-143 - Makes various changes relating to palliative
care
BDR 151 - Revises provisions governing physical therapy
BDR 38-197 - Revises provisions governing child support
BDR 19-205 - Revises provisions relating to public notices
BDR 213 - Revises provisions relating to nurses
BDR S-270 - Revises provisions relating to Alzheimer's
disease
BDR 40-271 - Revises provisions regarding health care
BDR 57-284 - Provides for transparency in prescription
drug costs
BDR 57-288 - Revises provisions regarding health care
BDR 52-291 - Revises provisions governing security of
personal information
BDR 54-301 - Enacts provisions relating to sexual
orientation conversion therapy
BDR 54-319 - Revises provisions concerning health care
BDR 54-350 - Revises provisions relating to health care
BDR 351 - Enacts certain interstate compacts relating to the
provision of health care
BDR 38-363 - Revises provisions relating to autism
BDR 40-364 - Revises provisions relating to ambulatory
surgical centers
BDR 365 - Revises provisions governing end-of-life care
BDR 57-467 - Revises provisions relating to health
insurance coverage of certain cancer treatment drugs
BDR 468 - Revises certain provisions governing
guardianships
BDR 53-485 - Revises provisions relating to insurance
BDR 54-504 - Enacts provisions relating to prescriptions
for biological products
BDR 54-511 - Modernizes provisions governing physical
therapists
BDR 13-524 - Revises provisions governing the
administration of guardianships
BDR 51-543 - Revises provisions relating to the sale of
certain medications
BDR 40-576 - Revises provisions relating to controlled
substances
BDR 592 - Makes various changes relating to insurance
Unknown
No Language
Unknown
No Language
Unknown
Unknown
Unknown
Unknown
No Language
No Language
No Language
No Language
Unknown
No Language
Unknown
No Language
Unknown
No Language
Unknown
No Language
Unknown
No Language
Unknown
No Language
Unknown
Unknown
No Language
No Language
Unknown
No Language
Unknown
No Language
Unknown
No Language
Unknown
No Language
Unknown
No Language
Unknown
No Language
Unknown
No Language
Unknown
No Language
Unknown
No Language
Unknown
No Language
Unknown
No Language
Unknown
No Language
Unknown
No Language
Legislative Overview Report
January 19, 2017
Page 7
BDR 605 - Revises provisions relating to health care
BDR 610 - Revises provisions relating to regulations
BDR 613 - Revises provisions relating to home health care
BDR 615 - Revises provisions relating to medical
professionals
BDR 621 - Revises provisions governing relations between
local governments and public employees
BDR 627 - Revises provisions relating to nutrition
standards
BDR 628 - Makes certain changes relating to health care
BDR 630 - Revises provisions relating to health care
BDR 665 - Revises provisions relating to devices to assist
certain patients with reading their prescriptions
BDR 675 - Makes certain changes relating to insurance
BDR 677 - Restricts the administration of Botox to certain
medical professionals
BDR 697 - Makes various changes related to medical
billing practices
BDR 698 - Makes various changes concerning insurance
practices related to prescription medication
BDR 707 - Revises provisions relating to health care
BDR 728 - Revises provisions governing health care
BDR 744 - Revises provisions relating to eye examinations
BDR 766 - Revises provisions governing massage therapy
BDR 784 - Makes changes relating to domestic partnerships
BDR 791 - Makes various changes concerning the
prevention and treatment of obesity
Unknown
Unknown
Unknown
No Language
No Language
No Language
Unknown
No Language
Unknown
No Language
Unknown
No Language
Unknown
No Language
Unknown
No Language
Unknown
No Language
Unknown
No Language
Unknown
No Language
Unknown
No Language
Unknown
No Language
Unknown
Unknown
No Language
No Language
Unknown
Unknown
Unknown
No Language
No Language
No Language
Unknown
No Language
RECOMMENDATION
PEBP recommends the Board direct staff to take positions on any of the bills described above.
PEBP recognizes the bills will most likely change and the positions by the Board will need to be
revisited timely.
NUMBER OF LEGISLATIVE MEASURES THAT MAYBE
REQUESTED FOR DRAFTING, BY ENTITY
NEVADA LEGISLATURE-2017 R EGULA R LEGISLATIVE SESSION
(REVISED J ULY 1, 2016)
Time Frame
Number oj
Measures Per Entity
Assemblyman/ AssemblywomanIncumbent
On or before August I , 2016
August 2 , 20 16 , through December 10, 20 16
February 6 , 20 17, through February 13 , 20 17
4
5
I
Assemblyman / AssemblywomanNewly elected
On or before December 10, 20 16
February 6 , 20 17 , through February 13, 20 17
5
I
Nevada Rel'ised
Stall/res
On or before August I , 20 16
August 2 , 2016 , through December 10, 20 16
February 6 , 20 17 , through February 13 , 20 17
8
10
2
(NRS) 21SD.lSO
Senator-Incumbent
Sena tor-Newly elected
On or before December 10, 20 16
February 6 , 20 17 , through February 13 , 20 17
10
Authorized Entity
Legal
Citation
2
Before the November 8 , 20 16, General Election *
I per 18 measures
referred during previous
regular session
NRS 218D.150
February 6 , 20 17 , through
5 p.m. on February 20, 20 17
60 per house
Joint Rule 14
(20 15)
Spea ker of the Assembly and
Majority Leader of the Sena te
Before the November 8, 20 16, General Election **
Eme rge ncy requests during session
15
5
Minority Leaders of the Assembly
and Senate
Before the November 8 , 2016, Gene ral Election **
Eme rgency requests during session
10
Legislative Commission
Before February 6, 20 17
10
Interim Finance Comnlittee
Before February 6 , 2017
10
Statutory Interim Legislative
Comnlittees
On or before September I , 20 16
10
Interim Study Committees created by
20 15 Legislature or by the
Legislative Comnlission
On or before September I , 2016
5
C hief C lerk of the Asse mbl y and
Secre tary of the Senate
Before or during session
Unlimited , but must
pertain to duties
Legislative Counsel
Before or during session
Unlimited, but must
pertain to duties
Standing Session Conmlittee Chairs
Standing Session Committees
2
NRS 218D.155
and
Joint Rule 14.4
(20 15)
NRS 218D.160:j:
NRS 218D.155
*Per NRS 21SD.lSO . the deadlllle to request the remaining number of legislalive measures
designated after the November 2016 General Election.
IS
extended to December 10.2016 . for committee chairs
** Per NRS 21SD.lSS . the deadline to request the remaining number of' leg islative measures is extended to February S. 2017 (prior to 1st day of
Session) . for persons desi gnated after the November 2016 General Election as Speaker of the Assembl y. Majority Leader of the Senate. and Minority
Leaders of the Assembly and Senate.
:::per NRS 21SD.160 . the Legislati ve Commi ss ion may authorize an interim study committee created by order of the Legislative Commission pursuant
to NRS 21SE.200 to request the draftin g of additional legislative measures.
Page 1 of 2
NUMBER OF LEGISLATIVE MEASURES THAT MAYBE
REQUESTED FOR DRAFTING, BY ENTITY
NEVADA LEGISLATURE-2017 R EGULAR LEGISLATIVE SESSION
(Continned)
Time Frame
Number of
Measures Per Entity
Legal
Citation
Supreme Court
On or before September I , 2016
10
NRS 2180.190
NRS 2180.105 +
Governor/ Executi ve Branch
Governor for Legislative Agenda
On or before August I, 2016
On or before February 24, 2017
110
5
Office of Finance
On or before February 24 , 20 I 7
Unlimited , to
implement budget
Lieutenant Governor
On or before September 1,20 16
3
Secretary of State
On or before September I , 2016
On or before Oecember 3 I , 20 16
6
2
State Treasurer
On or before September I , 20 I 6
5
State Controller
On or before September 1,20 16
5
Attorney General
On or before September I, 2016
20
County of 700 ,000 or more
School district in such county
On or before September I , 20 16
4
2
County of 100,000 to 699 ,999
School district in such county
On or before September 1, 2016
2
I
County under 100,000
School district in such county
On or before September I , 20 I 6
I
I
City of 500,000 or more
On or before September I , 2016
3
City of 150,000 to 499,999
On or before September I, 2016
2
City under 150,000
On or before September I , 20 I 6
I
Association of Counties or Cities
On or before September I , 20 16
5
NRS 2180.210
NRS 2180.105 +
Nevada Youth Legislature
On or before Oecember I, 2016
I
NRS 219A.220***
Nevada Silver Haired Legislative
Forum
On or before September I , 2016
I
NRS 2180.220
NRS 2180.105 +
Authorized Entity
NRS 2180.175
NRS 2180.105 +
NRS 2180.205
NRS 2180.105 +
± Per NRS 218D.105 , the Legislative Commission when the Legislature is not in a regular session . or a standin g session committee with jurisdiction over
the subject matter when the Legi slature is in a regular session. may waive the deadline for an authorized nonlegislative requester to submit a request for
the drafting of a legislative measure in exceptional circumstances.
***Per NRS 219A.220 , the Legislative Commission may authorize submittal of a req uest after that date .
Research Division
Legi slat ive Counsel Bureau
Re vised Jul y 2016
Page 2 of 2
STATE OF NEVADA
2017 LEGISLATIVE SESSION
120-Day Calendar
Date (Day of Session)
Date (Day of Session)
Date (Day of Session)
Feb. 6 (1) Legislators’ Prefile or Withdraw
BDRs*
Mar. 18 (41)
Apr. 27 (81)
Feb. 7 (2)
Mar. 19 (42)
Apr. 28 (82)
Feb. 8 (3)
Mar. 20 (43) Legislators’ Bill Introductions
Apr. 29 (83)
Feb. 9 (4)
Mar. 21 (44)
Apr. 30 (84)
Feb. 10 (5) Joint Subcommittees Start
Mar. 22 (45)
May 1 (85) Economic Forum Report Due
Feb. 11 (6)
Mar. 23 (46)
May 2 (86)
Feb. 12 (7)
Mar. 24 (47)
May 3 (87)
Feb. 13 (8) Legislators’ BDR Requests
Mar. 25 (48)
May 4 (88)
Feb. 14 (9)
Mar. 26 (49)
May 5 (89) Start Resolving Budget Differences
Feb. 15 (10)
Mar. 27 (50) Committees’ Bill Introductions
May 6 (90)
Feb. 16 (11)
Mar. 28 (51)
May 7 (91)
Feb. 17 (12)
Mar. 29 (52)
May 8 (92)
Feb. 18 (13)
Mar. 30 (53)
May 9 (93)
Feb. 19 (14)
Mar. 31 (54)
May 10 (94)
Feb. 20 (15) Committees' BDR Requests
Apr. 1 (55)
May 11 (95)
Feb. 21 (16)
Apr. 2 (56)
May 12 (96)
Feb. 22 (17)
Apr. 3 (57)
May 13 (97)
Feb. 23 (18)
Apr. 4 (58) Start Closing Budgets
May 14 (98)
Feb. 24 (19)
Apr. 5 (59)
May 15 (99)
Feb. 25 (20)
Apr. 6 (60)
May 16 (100)
Feb. 26 (21)
Apr. 7 (61)
May 17 (101)
Feb. 27 (22)
Apr. 8 (62)
May 18 (102)
Feb. 28 (23)
Apr. 9 (63)
May 19 (103) Committee Passage (Second
House)
Mar. 1 (24)
Apr. 10 (64)
May 20 (104)
Mar. 2 (25)
Apr. 11 (65)
May 21 (105)
Mar. 3 (26)
Apr. 12 (66)
May 22 (106)
Mar. 4 (27)
Apr. 13 (67)
May 23 (107)
Mar. 5 (28)
Apr. 14 (68) Committee Passage (First House)
May 24 (108)
Mar. 6 (29)
Apr. 15 (69)
May 25 (109) Finish Budget Differences
Mar. 7 (30)
Apr. 16 (70)
May 26 (110) Second House Passage
Mar. 8 (31)
Apr. 17 (71)
May 27 (111)
Mar. 9 (32)
Apr. 18 (72)
May 28 (112)
Mar. 10 (33)
Apr. 19 (73)
May 29 (113)
Mar. 11 (34)
Apr. 20 (74)
May 30 (114)
Mar. 12 (35)
Apr. 21 (75)
May 31 (115) Budget Bills Introduced
Exempt Bills from Committee
Mar. 13 (36)
Apr. 22 (76)
June 1 (116)
Mar. 14 (37)
Apr. 23 (77)
June 2 (117)
Mar. 15 (38)
Apr. 24 (78)
June 3 (118)
Mar. 16 (39)
Apr. 25 (79) First House Passage
June 4 (119)
Mar. 17 (40)
Apr. 26 (80)
June 5 (120)
*Pursuant to subsection 2 of NRS 218D.150, a certain number of a Legislator’s BDRs requested before the session convenes must be prefiled or
withdrawn not later than the first day of the session.
Shaded days are Mondays.
Bolded and italicized items are budget related deadlines.