S.B. 570
Senate Bill No. 570–Committee on Legislative
Affairs and Operations
(On Behalf of Legislative Commission)
May 4, 2001
____________
Referred to Committee on Legislative Affairs and Operations
SUMMARY—Makes various changes relating to legislature and legislative counsel bureau. (BDR 17‑1073)
FISCAL NOTE: Effect on Local Government: No.
Effect on the State: No.
~
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).
AN ACT relating to the legislature; making various changes relating to the legislature and the legislative counsel bureau; and providing other matters properly relating thereto.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 218 of NRS is hereby amended by adding thereto a new section to read as follows:
Except as otherwise provided in NRS 218.2423, if a request for drafting of a measure pursuant to NRS 218.240 to 218.255, inclusive, requires additional information before the measure can be completed, the legislative counsel shall request the information from the person who requested the drafting of the measure. If the information is not received within 15 days after the date of the request for the additional information, the request to draft the measure shall be deemed withdrawn and the legislative counsel shall notify the requester that the measure will not be drafted.
Sec. 2. NRS 218.240 is hereby amended to read as follows:
218.240 1. The legislative counsel and the legal division of the legislative counsel bureau shall prepare and assist in the preparation and amendment of legislative measures when requested or upon suggestion as provided in NRS 218.240 to 218.255, inclusive[.] , and section 1 of this act. Except as otherwise provided in those provisions, the legislative counsel and the legal division of the legislative counsel bureau shall not prepare or assist in the preparation and amendment of legislative measures directly submitted or requested by a natural person, corporation, firm,
association or other entity, including an organization that represents governmental agencies, unless the requester, or if the requester is a natural person the office or other position held by the person, is created by the constitution or laws of this state.
2. The legislative counsel shall give consideration to and service concerning any measure before the legislature which is requested by the governor, the senate or assembly, or any committee of the legislature having the measure before it for consideration.
3. The legislative counsel may deliver to the superintendent of the state printing division of the department of administration and request that he print or preset the type for printing a legislative measure before its introduction upon the consent of the person or persons requesting the measure. If the measure has been requested by a legislator, the superintendent shall promptly comply with this request.
1-1 Sec. 3. NRS 218.2423 is hereby amended to read as follows:
1-2 218.2423 1. Each:
1-3 (a) Incumbent assemblyman may request the drafting of not more than 5
1-4 legislative measures submitted to the legislative counsel on or before
1-5 September 1 preceding the commencement of a regular session of the
1-6 legislature and not more than 5 legislative measures submitted to the
1-7 legislative counsel [on or] after September 1 but on or before December 15
1-8 preceding the commencement of a regular session of the legislature.
1-9 (b) Incumbent senator may request the drafting of not more than 10
1-10 legislative measures submitted to the legislative counsel on or before
1-11 September 1 preceding the commencement of a regular session of the
1-12 legislature and not more than 10 legislative measures submitted to the
1-13 legislative counsel [on or] after September 1 but on or before December 15
1-14 preceding the commencement of a regular session of the legislature.
1-15 (c) Newly elected assemblyman may request the drafting of not more
1-16 than 5 legislative measures submitted to the legislative counsel on or
1-17 before December 15 preceding the commencement of a regular session of
1-18 the legislature.
1-19 (d) Newly elected senator may request the drafting of not more than 10
1-20 legislative measures submitted to the legislative counsel on or before
1-21 December 15 preceding the commencement of a regular session of the
1-22 legislature.
1-23 2. In addition to the number authorized pursuant to subsection 1:
1-24 (a) The chairman of each standing committee of the immediately
1-25 preceding regular legislative session, or a person designated in the place of
1-26 the chairman by the speaker of the assembly or the majority leader of the
1-27 senate, as the case may be, may request on or before December 15
1-28 preceding the commencement of the next regular legislative session the
1-29 drafting of not more than 1 legislative measure for introduction by the
1-30 committee in a subject within the jurisdiction of the committee for every 15
1-31 legislative measures that were referred to the respective standing
1-32 committee during the immediately preceding regular legislative session.
1-33 (b) A person designated after a general election as a chairman of a
1-34 standing committee for the next regular legislative session, or a person
1-35 designated in the place of a chairman by the person designated as the
2-1 speaker of the assembly or majority leader of the senate for the next regular
2-2 legislative session, may request on or before December 15 preceding the
2-3 commencement of the next regular legislative session the drafting of the
2-4 remaining number of the legislative measures allowed for the respective
2-5 standing committee that were not requested by the previous chairman or
2-6 designee.
2-7 3. If a legislator submits a request pursuant to subsection 1 that
2-8 requires additional information before the measure can be completed,
2-9 the legislative counsel shall request the information from the legislator
2-10 who submitted the request for drafting of the measure. If the information
2-11 is not received on or before:
2-12 (a) December 1, for measures submitted on or before September 1; or
2-13 (b) January 15, for measures submitted after September 1 but on or
2-14 before December 15,
2-15 the request shall be deemed withdrawn and the legislative counsel shall
2-16 notify the legislator that the measure will not be drafted. The legislative
2-17 counsel shall request the additional information not less than 15 days
2-18 before the deadline established by this subsection for submitting the
2-19 information.
2-20 Sec. 4. NRS 218.2426 is hereby amended to read as follows:
2-21 218.2426 1. In addition to the number authorized pursuant to NRS
2-22 218.2423:
2-23 (a) The speaker of the assembly and the majority leader of the senate
2-24 may each request before or during a regular legislative session, without
2-25 limitation, the drafting of not more than 15 legislative measures for that
2-26 session.
2-27 (b) The minority leader of the assembly and the minority leader of the
2-28 senate may each request before or during a regular legislative session,
2-29 without limitation, the drafting of not more than 10 legislative measures for
2-30 that session.
2-31 (c) A person designated after a general election as the speaker of the
2-32 assembly, the majority leader of the senate, the minority leader of the
2-33 assembly or the minority leader of the senate for the next regular legislative
2-34 session may request the drafting of the remaining number of the legislative
2-35 measures allowed for the respective officer that were not requested by the
2-36 previous officer.
2-37 2. The legislative counsel, the secretary of the senate and the chief
2-38 clerk of the assembly may request before or during a regular legislative
2-39 session, without limitation, the drafting of as many legislative measures as
2-40 are necessary or convenient for the proper exercise of their duties.
2-41 Sec. 5. NRS 218.245 is hereby amended to read as follows:
2-42 218.245 1. Except as otherwise provided in subsections 2 and 5, the
2-43 legislative counsel and the legal division of the legislative counsel bureau
2-44 shall not prepare or assist in the preparation of proposed legislation for any
2-45 agency or officer of the executive branch of the state government or for a
2-46 county, school district or city before a regular session of the legislature
2-47 unless the request is approved by the governor or a designated member of
2-48 his staff, or the governing body of the county, school district or city, and
3-1 transmitted to the legislative counsel on or before September 1 preceding
3-2 the convening of the session.
3-3 2. A request for proposed legislation may be submitted to the
3-4 legislative counsel pursuant to subsection 3 or 4 of NRS 218.2455 by the
3-5 board of regents of the University of Nevada, lieutenant governor,
3-6 secretary of state, attorney general, state controller or state treasurer
3-7 without the approval of the governor or a designated member of his staff.
3-8 3. After November 1, preceding a legislative session, the legislative
3-9 counsel and the legal division of the legislative counsel bureau shall give
3-10 full priority to the preparation of proposed legislation requested by
3-11 members of the legislature.
3-12 4. The legislative counsel and the legal division of the legislative
3-13 counsel bureau shall not prepare or assist in the preparation of any
3-14 proposed legislation during any regular session of the legislature except as
3-15 authorized by statute or joint rule of the legislature.
3-16 5. An agency or officer of the executive branch of the state
3-17 government or a county, school district or city, shall not request a legislator
3-18 to have legislation drafted on its behalf. The legislative commission, when
3-19 the legislature is not in session, or a standing committee which has
3-20 jurisdiction of the subject matter when the legislature is in session, may, if
3-21 it finds that exceptional circumstances so warrant, authorize the drafting of
3-22 legislation requested after the time limited by subsection 1 of this section
3-23 and subsection 1, 3 or 4 of NRS 218.2455.
3-24 Sec. 6. NRS 218.2455 is hereby amended to read as follows:
3-25 218.2455 1. The governor or his designated representative may
3-26 transmit to the legislative counsel on or before September 1 preceding a
3-27 regular legislative session not more than 125 requests for the drafting of
3-28 legislative measures approved on behalf of state agencies, boards and
3-29 departments of the executive branch of state government pursuant to
3-30 subsection 1 of NRS 218.245.
3-31 2. The department of administration may request on or before the 19th
3-32 day of the legislative session, without limitation, the drafting of as many
3-33 legislative measures as are necessary to implement the budget proposed by
3-34 the governor and to provide for the fiscal management of the state.
3-35 3. The following constitutional officers may request the drafting of not
3-36 more than the following numbers of legislative measures on or before
3-37 September 1 preceding a regular legislative session:
3-38 Lieutenant governor........... 2
3-39 Secretary of state........... 8
3-40 State treasurer........... 5
3-41 State controller.......... 5
3-42 Attorney general......... 25
3-43 4. The board of regents of the University of Nevada may request the
3-44 drafting of not more than 5 legislative measures on behalf of the University
3-45 and Community College System of Nevada on or before September 1
3-46 preceding a regular legislative session.
4-1 Sec. 7. NRS 218.247 is hereby amended to read as follows:
4-2 218.247 1. The legislative counsel and the legal division of the
4-3 legislative counsel bureau shall prepare and assist in the preparation of
4-4 legislative measures at the request of the supreme court if the legislative
4-5 measures are transmitted to the legislative counsel on or before
4-6 September 1 preceding the commencement of the next regular session of
4-7 the legislature. The supreme court may transmit to the legislative counsel
4-8 pursuant to this section not more than 16 legislative measures on behalf of
4-9 the supreme court and district courts of this state and not more than 4
4-10 legislative measures on behalf of the municipal courts and justices’ courts
4-11 of this state.
4-12 2. Every requested legislative measure must set forth the substance of
4-13 the provisions desired or which may be needed with the reasons therefor.
4-14 [3. The legislative counsel shall transmit any legislative measure
4-15 prepared pursuant to this section to the chairman of the committee on
4-16 judiciary of each house at the next regular session of the legislature.]
4-17 Sec. 8. NRS 218.272 is hereby amended to read as follows:
4-18 218.272 1. Except as otherwise provided in subsection 4, the fiscal
4-19 analysis division shall obtain a fiscal note on:
4-20 (a) [Any bill which makes an appropriation or increases any existing
4-21 appropriation;
4-22 (b)] Any bill or joint resolution which creates or increases any fiscal
4-23 liability or decreases any revenue which appears to be in excess of [$2,000;
4-24 and
4-25 (c)] $10,000; and
4-26 (b) Any bill or joint resolution which increases or newly provides for a
4-27 term of imprisonment in the state prison or makes release on parole or
4-28 probation from the state prison less likely,
4-29 before a vote is taken on such a bill or joint resolution by a committee of
4-30 the assembly or the senate.
4-31 2. The fiscal note must contain a reliable estimate of the anticipated
4-32 change in appropriation authority, fiscal liability or state revenue under the
4-33 bill or joint resolution, including, to the extent possible, a projection of
4-34 such changes in future biennia.
4-35 3. Except as otherwise provided in NRS 218.272 to 218.2758,
4-36 inclusive, or in the joint rules of the senate and assembly, the estimates
4-37 must be made by the affected agency [receiving the appropriation or
4-38 collecting the revenue.] or agencies.
4-39 4. The fiscal note is not required on any bill or joint resolution relating
4-40 exclusively to the proposed executive budget.
4-41 Sec. 9. NRS 218.275 is hereby amended to read as follows:
4-42 218.275 1. The name of the agency preparing the fiscal note must
4-43 appear [at the end thereof] on a fiscal note with the signature of the official
4-44 of the agency who is primarily responsible for preparing the note.
4-45 2. The department of administration shall review the fiscal notes
4-46 prepared by the agencies before such notes are returned to the legislature.
4-47 If the department of administration disagrees with a fiscal note prepared by
4-48 the agency, it may submit a supplementary fiscal note for the bill or joint
4-49 resolution.
5-1 Sec. 10. NRS 218.2752 is hereby amended to read as follows:
5-2 218.2752 Whenever a bill or joint resolution is submitted to an agency
5-3 for a fiscal note, the agency shall prepare the note and return it to the fiscal
5-4 analysis division within 5 working days. The fiscal analysis division may
5-5 extend the period for not more than 10 additional working days if the
5-6 matter requires extended research.
5-7 Sec. 11. NRS 218.2755 is hereby amended to read as follows:
5-8 218.2755 [1.] After a bill or joint resolution has been drafted, the
5-9 fiscal analysis division shall inform the requester that a fiscal note is
5-10 required when the draft is submitted to the requester for review. If the
5-11 requester so directs, the fiscal analysis division shall promptly determine
5-12 the agency to which the bill or joint resolution should be submitted and
5-13 shall submit it for a fiscal note. If the requester is a legislator and desires to
5-14 introduce the bill or joint resolution without a fiscal note, he may do so, but
5-15 when the bill is introduced, the fiscal analysis division shall promptly
5-16 determine the agency to which the bill or joint resolution is to be submitted
5-17 and shall forward it to the agency to obtain the fiscal note.
5-18 [2. The agency shall prepare the note in quadruplicate and return it
5-19 within the required time to the fiscal analysis division.]
5-20 Sec. 12. NRS 218.2756 is hereby amended to read as follows:
5-21 218.2756 1. [If the fiscal note is obtained before the bill or joint
5-22 resolution is introduced the fiscal analysis division shall submit a copy of
5-23 the note to the requester. If the requester desires to introduce the bill or
5-24 joint resolution the legislative counsel shall attach a duplicate copy of the
5-25 note to the bill or joint resolution and shall prepare the bill or joint
5-26 resolution for introduction.] The original, signed copy of [the] a fiscal note
5-27 that is obtained before a bill or joint resolution is introduced must be
5-28 retained by the fiscal analysis division to be used as printer’s copy after the
5-29 bill or joint resolution is introduced.
5-30 2. If the fiscal note is obtained after the bill or joint resolution has been
5-31 introduced, the fiscal analysis division shall forward a [duplicate copy of
5-32 the note to the chief clerk of the assembly or the secretary of the senate and
5-33 shall forward the original,] signed copy to the superintendent of the state
5-34 printing division of the department of administration for the purposes of
5-35 printing.
5-36 3. The [triplicate copy of the] original fiscal note must be retained by
5-37 the fiscal analysis division.
5-38 4. The fiscal analysis division shall send a copy of the fiscal note to the
5-39 chairman of the standing committee or committees to which the bill or joint
5-40 resolution has been referred.
5-41 Sec. 13. NRS 218.5327 is hereby amended to read as follows:
5-42 218.5327 If any witness neglects or refuses to obey a subpoena, or
5-43 after appearing neglects or refuses to testify as to any relevant matter, or to
5-44 produce upon reasonable notice any relevant evidence, if the evidence is in
5-45 his possession or under his control, he has committed a contempt. The
5-46 district court of any county, or the judge thereof, shall, on application of
5-47 the president of the senate, speaker of the assembly or chairman of the
5-48 committee, as the case may be, compel obedience by proceedings for
6-1 contempt, as in the case of disobedience of the requirements of a
6-2 subpoena issued from such court or a refusal to testify therein.
6-3 Sec. 14. NRS 331.135 is hereby amended to read as follows:
6-4 331.135 1. The legislature reserves the supervision and control, both
6-5 during and between legislative sessions, of:
6-6 (a) The entire legislative building, including its chambers, offices and
6-7 other rooms, and its furnishings and equipment.
6-8 (b) A portion of the parcel of land bounded on the west by Carson
6-9 Street, on the south by Fifth Street, on the east by Fall Street, and on the
6-10 north by the sidewalk along the south fence of the capitol grounds, situated
6-11 in a portion of the Capitol Complex, as shown on the Record of Survey
6-12 Map No. 297, Official Records of Carson City, Nevada, File No. 3043,
6-13 section 17, T. 15 N., R. 20 E., M.D.M., more particularly described as
6-14 follows:
6-15 Beginning at the southwest corner of block 36, Sears Thompson Sears
6-16 Division, as shown on that record of survey;
6-17 Beginning at the southwest corner of block 36, Sears Thompson
6-18 Sears Division, as shown on that record of survey;
6-19 Thence N 89°52˘32˛ E, a distance of 443.93 feet;
6-20 Thence N 00°12˘15˛ E, a distance of 302.14 feet;
6-21 Thence N 44°47˘45˛ W, a distance of 189.88 feet to the north side
6-22 of an existing sidewalk;
6-23 Thence N 89°39˘33˛ W, along that sidewalk, a distance of 97.13
6-24 feet to the east side of an existing sidewalk;
6-25 Thence N 00°14˘26˛ E, along that sidewalk, a distance of 270.00
6-26 feet, more or less, to the north line of a sidewalk;
6-27 Thence N 89°47˘45˛ W, along that sidewalk, a distance of 212.50
6-28 feet, to the east right-of-way line of Carson Street;
6-29 Thence S 00°13˘08˛ W, along that line, a distance of 709.40 feet,
6-30 more or less, to the true point of beginning.
6-31 Containing 5.572 acres, more or less.
6-32 (c) The entire parcel of land bounded on the north by Fifth Street, on the
6-33 south by Sixth Street, on the east by Stewart Street and on the west by
6-34 Plaza Street, also described as blocks 2 and 3, Pierson and Goodridge
6-35 Addition; and that portion of Fall Street between Fifth Street and Sixth
6-36 Street abandoned by Carson City on April 26, 1990, Meeting Agenda Item
6-37 9 M-89/90-10. Also the entire parcel of land bounded on the north by the
6-38 south boundary line of block 2, Pierson and Goodridge Addition, on the
6-39 south by Seventh Street, on the east by Stewart Street and on the west by
6-40 Fall Street, and further described as block 7, Pierson and Goodridge
6-41 Addition.
6-42 (d) The entire parcel of land bounded on the north by Sixth Street, on
6-43 the south by Seventh Street, on the east by Fall Street, and on the west by
6-44 Plaza Street, also described as block 6, Pierson and Goodridge Addition.
6-45 (e) The entire parcel of land bounded on the north by Fourth Street, on
6-46 the west by Stewart Street, on the south by Fifth Street, and on the east by
6-47 the abandoned right of way of Valley Street, also described as block 39 of
6-48 Sears Thompson Sears Division of Carson City; and the west 30.00 feet of
7-1 the abandoned right of way of Valley Street abutting block 39 of Sears
7-2 Thompson Sears Division.
7-3 Excepting therefrom that portion of Stewart and Fifth Streets deeded to
7-4 the State of Nevada through its department of transportation as recorded in
7-5 book 283, page 208, of Deeds, Carson City, Nevada.
7-6 [(e)] (f) Any other property acquired for the use of the legislature or its
7-7 staff.
7-8 2. The director of the legislative counsel bureau:
7-9 (a) Shall provide an individual office for each legislator whose position
7-10 as an officer or as a chairman of a committee does not otherwise entitle
7-11 him to occupy an assigned office.
7-12 (b) May assign the use of space in the legislative building or other
7-13 legislative facilities or on the legislative grounds in such a manner as the
7-14 legislative commission prescribes.
7-15 3. The director of the legislative counsel bureau shall cause the
7-16 legislative building, chambers and grounds and other legislative facilities to
7-17 be kept in good repair, clean, orderly and presentable as befits public
7-18 property and the dignity of the legislature. For this purpose he may, in
7-19 addition to his general power to employ or contract for the services of
7-20 personnel, contract with any private enterprise or governmental agency for
7-21 the provision of appropriate services.
7-22 Sec. 15. NRS 345.025 is hereby amended to read as follows:
7-23 345.025 Within the limits of legislative appropriations, specifically
7-24 made for such purpose, the director of the legislative counsel bureau may
7-25 contract with a private printing firm for the reproduction by printing or
7-26 other reproductive process of volumes of Nevada Reports or Statutes of
7-27 Nevada which are out of print or of limited supply in the office of the
7-28 legislative counsel bureau if the price quoted by the firm for such services
7-29 is lower than the price quoted by the superintendent of the state printing
7-30 division of the department of administration. Such reproduced volumes
7-31 may be bound so as to contain one or more volumes of the original Nevada
7-32 Reports or Statutes of Nevada and must be sold to the public at the prices
7-33 established pursuant to NRS 345.050. The proceeds of such sales must be
7-34 deposited by the director of the legislative counsel bureau with the state
7-35 treasurer for credit to the state general fund.
7-36 Sec. 16. NRS 218.248 is hereby repealed.
7-37 Sec. 17. This act becomes effective upon passage and approval.
7-38 TEXT OF REPEALED SECTION
7-39 218.248 Payment for services of legal division in preparation of
7-40 certain legislative measures.
7-41 1. The legislative counsel shall keep a record of the hours expended by
7-42 personnel of the legal division of the legislative counsel bureau to prepare
7-43 legislative measures requested by any state agency, officer of the
7-44 executive
8-1 branch of state government or any justice of the supreme court or judge of
8-2 a district court.
8-3 2. The record of total hours must be furnished to the chief of the
8-4 administrative division who shall send to each such requesting agency,
8-5 officer, justice or judge a claim stating the amount of charges for such
8-6 preparation. The claim must be paid to the legislative counsel bureau as
8-7 other claims against the state are paid.
8-8 3. The rates to be charged for the services of the legal division of the
8-9 legislative counsel bureau must be determined by the legislative
8-10 commission.
8-11 4. All money received by the legislative counsel bureau pursuant to
8-12 this section must be deposited in the legislative fund.
8-13 H