Senate Concurrent Resolution No. 28–Committee on
Legislative Affairs and Operations

April 6, 1999

____________

Referred to Committee on Legislative Affairs and Operations

 

SUMMARY—Revises Joint Standing Rules of Senate and Assembly for 70th legislative session to exempt resolutions from certain rules relating to limitations on introduction and requests for legislative measures and schedule for their enactment. (BDR R-1715)

~

EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted. Green numbers along left margin indicate location on the printed bill (e.g., 5-15 indicates page 5, line 15).

 

SENATE CONCURRENT RESOLUTIONRevising the Joint Standing Rules of the Senate

and Assembly for the 70th session of the Legislature to exempt resolutions from certain rules

relating to the limitations on introduction and requests for legislative measures

and the schedule for their enactment.

1-1 Resolved by the Senate of the State of Nevada, the Assembly

1-2 Concurring, That Rules Nos. 14, 14.2 14.3, 14.4, 14.5 and 14.6 of the

1-3 Joint Standing Rules of the Senate and Assembly as adopted by the 70th

1-4 session of the Nevada Legislature are hereby amended to read as follows:

1-5 Rule No. 14. Limitations on Drafting and Requirements for

1-6 Introduction; Duplicative Measures; Indication of

1-7 Requester on Committee Introductions.

1-8 1. Except as otherwise provided in subsection 5 and Joint Standing

1-9 Rules Nos. 14.4, 14.5 and 14.6, after a regular legislative session has

1-10 convened, the Legislative Counsel shall honor, if submitted before 5 p.m.

1-11 on the 8th calendar day of the legislative session, not more than:

1-12 (a) Two requests from each Assemblyman; and

1-13 (b) Four requests from each Senator,

1-14 for the drafting of a bill . [or resolution.]

1-15 2. Except as otherwise provided in subsections 4 and 5 and Joint

1-16 Standing Rules Nos. 14.4, 14.5 and 14.6, after a regular legislative session

1-17 has convened, the Legislative Counsel shall honor, if submitted before 5

1-18 p.m. on the 22nd calendar day of the legislative session, not more than 50

1-19 requests, in total, from the standing committees of each house. The

2-1 Majority Leader of the Senate and the Speaker of the Assembly shall, not

2-2 later than the 1st calendar day of the legislative session, determine and

2-3 provide the Legislative Counsel with a written list of the number of

2-4 requests for the drafting of a bill [or resolution] that may be submitted by

2-5 each standing committee of their respective houses, within the limit

2-6 provided by this subsection. The lists may be revised any time before the

2-7 22nd day of the legislative session to reallocate any unused requests or

2-8 requests which were withdrawn before drafting began on the request.

2-9 3. A request for the drafting of a bill or resolution that is submitted by

2-10 a standing committee pursuant to this section must be approved by a

2-11 majority of all of the members appointed to the committee before the

2-12 request is submitted to the Legislative Counsel.

2-13 4. A standing committee may only request the drafting of a bill or

2-14 resolution or introduce a bill or resolution that is within the jurisdiction of

2-15 the standing committee.

2-16 5. The Legislative Counsel shall not honor a request for the drafting of

2-17 a bill or resolution submitted by a member or standing committee of the

2-18 Senate or Assembly unless such information as is required to draft the

2-19 measure is submitted to the Legislative Counsel with the request.

2-20 6. A measure introduced by a standing committee at the request of a

2-21 legislator or organization must indicate the legislator or organization at

2-22 whose request the measure was drafted.

2-23 7. The following measures must be introduced by a standing

2-24 committee:

2-25 (a) Measures drafted at the request of agencies and officers of the

2-26 executive branch of state government, local governments, the courts and

2-27 other authorized nonlegislative requesters.

2-28 (b) Measures requested by interim legislative studies.

2-29 (c) Bills and joint resolutions requested by a standing committee, or by

2-30 persons designated to request measures on behalf of a standing committee

2-31 during the interim. Bills and joint resolutions requested by or on behalf of a

2-32 standing committee must be introduced by that committee.

2-33 8. Simple and concurrent resolutions requested by or on behalf of a

2-34 standing committee may be introduced by an individual member.

2-35 9. If two or more measures are being considered in the same house

2-36 which are substantively duplicative, only the measure which has been

2-37 assigned the lowest number for the purpose of establishing its priority in

2-38 drafting may be considered, unless the measure with the lowest number is

2-39 not introduced within 5 days after introduction of a measure with a higher

2-40 number.

2-41 10. A legislator may not change the subject matter of a request for a

2-42 legislative measure after it has been submitted for drafting.

3-1 Rule No. 14.2. Limitations on Time for Introduction of Legislation.

3-2 1. Except as otherwise provided in Joint Standing Rules Nos. 14.4,

3-3 14.5 and 14.6:

3-4 (a) Unless the provisions of paragraph (b) or (c) are applicable, a bill [or

3-5 resolution] may only be introduced on or before:

3-6 (1) The 10th calendar day following delivery of the introductory copy

3-7 of the bill ; [or resolution;] or

3-8 (2) The last day for introduction of the bill [or resolution] as required

3-9 by paragraph (d),

3-10 whichever is earlier.

3-11 (b) If a bill [or resolution] requires revision after the introductory copy

3-12 has been delivered, such information as is required to draft the revision

3-13 must be submitted to the Legislative Counsel before the 10th calendar day

3-14 following delivery of the introductory copy of the bill . [or resolution.] The

3-15 revised bill [or resolution] may only be introduced on or before:

3-16 (1) The 15th calendar day following delivery of the original

3-17 introductory copy of the bill ; [or resolution;] or

3-18 (2) The last day for introduction of the bill [or resolution] as required

3-19 by paragraph (d),

3-20 whichever is earlier.

3-21 (c) If the bill [or resolution] requires a second or subsequent revision,

3-22 such information as is required to draft the revision must be submitted to

3-23 the Legislative Counsel before the 15th calendar day following delivery of

3-24 the original introductory copy of the bill . [or resolution.] A bill [or

3-25 resolution] revised pursuant to this subsection may only be introduced on

3-26 or before:

3-27 (1) The 20th calendar day following delivery of the original

3-28 introductory copy of the bill ; [or resolution;] or

3-29 (2) The last day for introduction of the bill [or resolution] as required

3-30 by paragraph (d),

3-31 whichever is earlier.

3-32 (d) Except as otherwise provided in subsection 3, the last day for

3-33 introduction of a bill [or resolution] that was requested by:

3-34 (1) A legislator is the 43rd calendar day of the legislative session.

3-35 (2) A standing or interim committee or other requester is the 50th

3-36 calendar day of the legislative session.

3-37 2. The Legislative Counsel shall indicate on the face of the

3-38 introductory copy of each bill [and resolution] the final date on which the

3-39 bill [or resolution] may be introduced.

3-40 3. If the final date on which the bill [or resolution] may be introduced

3-41 falls upon a day on which the House in which the bill [or resolution] is to

3-42 be introduced is not in session, the bill [or resolution] may be introduced on

3-43 the next day that the House is in session.

4-1 SCHEDULE FOR ENACTMENT OF BILLS [AND RESOLUTIONS]

4-2 Rule No. 14.3. Final Dates for Action by Standing Committees and

4-3 Houses; Final Date for Requesting Drafting of

4-4 Reports for Conference Committees.

4-5 Except as otherwise provided in Joint Standing Rules Nos. 14.4, 14.5

4-6 and 14.6:

4-7 1. The final standing committee to which a bill [or resolution] is

4-8 referred in its House of origin may only take action on the bill [or

4-9 resolution] on or before the 68th calendar day of the legislative session. A

4-10 bill [or resolution] may be re-referred after that date only to the Committee

4-11 on Finance or the Committee on Ways and Means and only if the Fiscal

4-12 Analysis Division has determined pursuant to subsection 1 of Joint

4-13 Standing Rule No. 14.6 that the bill [or joint resolution] is exempt.

4-14 2. Final action on a bill [or resolution] may only be taken by the House

4-15 of origin on or before the 78th calendar day of the legislative session.

4-16 3. The final standing committee to which a bill [or resolution] is

4-17 referred in the second House may only take action on the bill [or

4-18 resolution] on or before the 103rd calendar day of the legislative session. A

4-19 bill [or resolution] may be re-referred after that date only to the Committee

4-20 on Finance or the Committee on Ways and Means and only if the Fiscal

4-21 Analysis Division has determined pursuant to subsection 1 of Joint

4-22 Standing Rule No. 14.6 that the bill [or joint resolution] is exempt.

4-23 4. Final action on a bill [or resolution] may only be taken by the second

4-24 House on or before the 110th calendar day of the legislative session.

4-25 5. Requests for the drafting of reports for Conference Committees must

4-26 be submitted to the Legislative Counsel on or before the 118th calendar day

4-27 of the legislative session.

4-28 Rule No. 14.4. Emergency Requests.

4-29 1. After a legislative session has convened:

4-30 (a) The Majority Leader of the Senate and the Speaker of the Assembly

4-31 may each submit to the Legislative Counsel, on his own behalf or on the

4-32 behalf of another legislator or a standing committee of the Senate or

4-33 Assembly, not more than five requests for the drafting of a bill . [or

4-34 resolution.]

4-35 (b) The Minority Leader of the Senate and the Minority Leader of the

4-36 Assembly may each submit to the Legislative Counsel, on his own behalf or

4-37 on the behalf of another legislator or a standing committee of the Senate or

4-38 Assembly, not more than two requests for the drafting of a bill . [or

4-39 resolution.]

4-40 2. A request submitted pursuant to subsection 1:

4-41 (a) May be submitted at any time during the legislative session and is

4-42 not subject to any of the provisions of subsections 1 and 2 of Joint Standing

5-1 Rule No. 14, subsection 1 of Joint Standing Rule No. 14.2 and Joint

5-2 Standing Rule No. 14.3.

5-3 (b) Is in addition to, and not in lieu of, any other requests for the

5-4 drafting of a bill [or resolution] that are authorized to be submitted to the

5-5 Legislative Counsel by the Majority Leader of the Senate, Speaker of the

5-6 Assembly, Minority Leader of the Senate or Minority Leader of the

5-7 Assembly.

5-8 3. The list of requests for the preparation of legislative measures

5-9 prepared pursuant to NRS 218.2475 must include the phrase

5-10 "EMERGENCY REQUEST OF" and state the title of the person who

5-11 requested [the bill or resolution for] each bill [or resolution requested]

5-12 pursuant to this rule. If the request was made on behalf of another legislator

5-13 or a standing committee, the list must also include the name of the

5-14 legislator or standing committee on whose behalf the bill [or resolution]

5-15 was requested.

5-16 4. The Legislative Counsel shall cause to be printed on the face of the

5-17 introductory copy of all reprints of each bill [or resolution] requested

5-18 pursuant to this rule the phrase "EMERGENCY REQUEST OF" and state

5-19 the title of the person who requested the bill . [or resolution.]

5-20 Rule No. 14.5. Waivers.

5-21 1. At the request of a legislator or a standing committee of the Senate

5-22 or Assembly, subsection 1 or 2 of Joint Standing Rule No. 14, subsection 1

5-23 of Joint Standing Rule No. 14.2 or any of the provisions of Joint Standing

5-24 Rule No. 14.3, or any combination thereof, may be waived by the Majority

5-25 Leader of the Senate and the Speaker of the Assembly, acting jointly, at any

5-26 time during a legislative session. A request for a waiver submitted by a

5-27 standing committee must be approved by a majority of all members

5-28 appointed to the committee before the request is submitted to the Majority

5-29 Leader and the Speaker.

5-30 2. A waiver granted pursuant to subsection 1:

5-31 (a) Must be in writing, executed on a form provided by the Legislative

5-32 Counsel, and signed by the Majority Leader and the Speaker.

5-33 (b) Must indicate the date on which the waiver is granted.

5-34 (c) Must indicate the legislator or standing committee on whose behalf

5-35 the waiver is being granted.

5-36 (d) Must include the bill [or resolution] number for which the waiver is

5-37 granted or indicate that the Legislative Counsel is authorized to accept and

5-38 honor a request for a new bill . [or resolution.]

5-39 (e) Must indicate the provisions to which the waiver applies.

5-40 (f) May include the conditions under which the bill [or resolution] for

5-41 which the waiver is being granted must be introduced and processed.

5-42 3. The Legislative Counsel shall not honor a request for the drafting of

5-43 a new bill [or resolution] for which a waiver is granted pursuant to this rule

6-1 unless such information as is required to draft the bill [or resolution] is

6-2 submitted to the Legislative Counsel within 2 calendar days after the date

6-3 on which the waiver is granted.

6-4 4. Upon the receipt of a written waiver granted pursuant to this rule,

6-5 the Legislative Counsel shall transmit a copy of the waiver to the Secretary

6-6 of the Senate and the Chief Clerk of the Assembly. The notice that a waiver

6-7 has been granted for an existing bill [or resolution] must be read on the

6-8 floor and entered in the journal, and a notation that the waiver was granted

6-9 must be included as a part of the history of the bill [or resolution] on the

6-10 next practicable legislative day. A notation that a waiver was granted

6-11 authorizing a new bill [or resolution] must be included as a part of the

6-12 history of the bill [or resolution] after introduction.

6-13 5. The Legislative Counsel shall secure the original copy of the waiver

6-14 to the official cover of the bill . [or resolution.]

6-15 Rule No. 14.6. Exemptions.

6-16 1. Upon request of the draft by or referral to the Senate Finance

6-17 Committee or the Assembly Committee on Ways and Means, a bill [or

6-18 resolution] which has been determined by the Fiscal Analysis Division to:

6-19 (a) Contain an appropriation;

6-20 (b) Authorize the expenditure by a state agency of sums not

6-21 appropriated from the state general fund or the state highway fund;

6-22 (c) Create or increase any significant fiscal liability of the state; or

6-23 (d) Significantly decrease any revenue of the state,

6-24 is exempt from the provisions of subsections 1 and 2 of Joint Standing Rule

6-25 No. 14, subsection 1 of Joint Standing Rule No. 14.2 and Joint Standing

6-26 Rule No. 14.3. The Fiscal Analysis Division shall give notice to the

6-27 Legislative Counsel to cause to be printed on the face of the bill [or

6-28 resolution] the term "exempt" for any bills [and resolutions] requested by

6-29 the Senate Finance Committee or Assembly Committee on Ways and

6-30 Means that have been determined to be exempt and shall give written

6-31 notice to the Legislative Counsel, Secretary of the Senate and Chief Clerk

6-32 of the Assembly of any bill [or resolution] which is determined to be

6-33 exempt after it is printed. A notation of each exemption granted after the

6-34 bill [or resolution] was printed must be included as a part of the history of

6-35 the bill [or resolution] on the next practicable legislative day. The term

6-36 "exempt" must be printed on the face of all subsequent reprints of the bill .

6-37 [or resolution.]

6-38 2. All of the provisions of Joint Standing Rules Nos. 14, 14.2 and 14.3

6-39 apply to a bill [or resolution] until it is determined to be exempt pursuant to

6-40 subsection 1. A bill [or resolution] determined to be exempt does not lose

6-41 the exemption regardless of subsequent actions taken by the Legislature.

7-1 3. A cumulative list of all bills [and resolutions] determined to be

7-2 exempt after being printed must be maintained and printed in the back of

7-3 the list of requests for the preparation of legislative measures prepared

7-4 pursuant to NRS 218.2475.

7-5 4. The provisions of subsections 1 and 2 of Joint Standing Rule No. 14,

7-6 subsection 1 of Joint Standing Rule No. 14.2 and Joint Standing Rule No.

7-7 14.3 do not apply to:

7-8 (a) A bill [or resolution] required to carry out the business of the

7-9 Legislature.

7-10 (b) A [resolution requiring an interim study.

7-11 (c) A resolution to memorialize a former member of the Legislature or

7-12 other notable or distinguished person.

7-13 (d) A resolution to congratulate or commend any person or organization

7-14 for a significant and meritorious accomplishment.] joint, concurrent or

7-15 simple resolution.

~