[Rev. 2/10/2015 4:38:21
PM--2014R2]
CHAPTER 218D - LEGISLATIVE MEASURES AND
PROCEDURES
GENERAL PROVISIONS
NRS 218D.050 General
powers and duties of Legislative Counsel and Legal Division regarding
legislative measures.
REQUESTS FOR DRAFTING LEGISLATIVE MEASURES
General Requirements and Priorities
NRS 218D.100 Applicability;
general requirements for submitting requests.
NRS 218D.105 Requirements
for waiving deadline for authorized nonlegislative requesters in exceptional
circumstances.
NRS 218D.110 Requests
from Legislative Department: Duties of Legislative Counsel; priority and order
of drafting.
NRS 218D.115 Requests
from authorized nonlegislative requesters: Duties of Legislative Counsel;
priority and order of drafting.
List of Requests; Authorized Disclosures
NRS 218D.130 Preparation
and publication of list; information included; joint requesters; nonreturning Legislators.
NRS 218D.135 Authorized
disclosures concerning certain requests; notice of duplicative requests.
Legislative Department
NRS 218D.150 Requests
from Legislators and chairs of standing committees.
NRS 218D.155 Requests
from legislative leadership, Legislative Counsel, Secretary of the Senate and Chief
Clerk of the Assembly.
NRS 218D.160 Requests
from chairs of Legislative Commission and Interim Finance Committee; requests
from statutory, interim and other committees.
Executive Department
NRS 218D.175 Requests
from Governor, Department of Administration and constitutional officers.
Judicial Department
NRS 218D.190 Requests
from Supreme Court.
Local Governments and Other Entities
NRS 218D.205 Requests
from counties, school districts and cities.
NRS 218D.210 Requests
from association of counties or cities.
NRS 218D.215 Requests
from mental health consortium. [Repealed.]
NRS 218D.220 Requests
from Nevada Silver Haired Legislative Forum.
COMPONENTS OF CERTAIN LEGISLATIVE MEASURES
Names of Requesters
NRS 218D.250 Certain
legislative measures requested by committee must include name of Legislator or
organization on whose behalf legislative measure was requested.
Unfunded Mandates
NRS 218D.270 Certain
legislative measures must include information relating to unfunded mandates.
Legislative Counsel’s Digest
NRS 218D.290 Certain
legislative measures must include digest when practicable; contents and style;
revision.
Legal Descriptions of Land
NRS 218D.310 Verification
of legal descriptions of land in certain legislative measures.
Effective Dates; Expiration Clauses
NRS 218D.330 Effective
date of legislative measure when not specifically prescribed; period during
which legislative measure that expires by limitation remains effective.
Tax Exemptions and Abatements
NRS 218D.350 Requirements
for certain legislative measures enacting tax exemptions subject to Section 6 of Article 10 of the
Nevada Constitution.
NRS 218D.355 Requirements
for certain legislative measures authorizing or increasing tax abatements
approved by Office of Economic Development. [Effective through June 30, 2036.]
NRS 218D.355 Requirements
for certain legislative measures authorizing or increasing tax abatements
approved by Office of Economic Development. [Effective July 1, 2036.]
Population Classifications
NRS 218D.370 Criteria
for amending population classifications.
Reports Submitted to Legislature
NRS 218D.380 Requirements
for certain legislative measures involving submission of reports to
Legislature; Legislative Commission to review and recommend regarding necessity
of certain reports.
NRS 218D.385 Director
to develop recommendations for elimination or revision of requirements to
submit certain reports.
FISCAL NOTES CONCERNING CERTAIN LEGISLATIVE MEASURES
General Provisions
NRS 218D.400 “Presiding
officer” defined.
Fiscal Information Included on Measure
NRS 218D.415 Summary
of certain legislative measures must include information concerning fiscal
effect and appropriations.
When Fiscal Note is Required
NRS 218D.430 Fiscal
note required for certain bills and joint resolutions affecting State
Government.
NRS 218D.435 Fiscal
note required for certain bills and joint resolutions affecting local
governments.
NRS 218D.440 Fiscal
note not required for amendments unless requested by presiding officer.
NRS 218D.445 Legislator
may raise issue that legislative measure requires fiscal note; determination of
need for fiscal note by presiding officer.
Procedures, Form and Content for Fiscal Notes
NRS 218D.460 Requester
of legislative measure must be informed of need for fiscal note; procedure for
submitting legislative measure to agency or local government for fiscal note.
NRS 218D.465 Form
of fiscal note; review by Department of Administration.
NRS 218D.470 Contents
of fiscal note.
NRS 218D.475 Time
for agency or local government to prepare and return fiscal note; extension.
NRS 218D.480 Transmittal
of fiscal note to chairs of committees; additional procedures for preparing
fiscal notes concerning legislative measures affecting local governments;
retention of copies of fiscal notes.
NRS 218D.485 Printing
of fiscal notes.
Unlawful Acts Involving Fiscal Notes
NRS 218D.495 Unlawful
to copy or disseminate information concerning legislative measure submitted for
fiscal note; exceptions; penalty.
INTRODUCTION AND PASSAGE OF LEGISLATIVE MEASURES
Form, Style, Printing and Correction
NRS 218D.550 Determination
of form and correction of mistakes by Legislative Counsel.
NRS 218D.555 Printing
of legislative measures and fiscal notes; changes and corrections by
Legislative Counsel.
NRS 218D.560 Drafting
and printing of bills; marking of new and old matter.
Prefiling
NRS 218D.575 Request
for prefiling; distribution of certain prefiled measures between Houses; review
for proper form; limitations on prefiling.
NRS 218D.580 Transmittal
of prefiled measures to Houses; numbering, contents and form; printing and release
of copies.
NRS 218D.585 Introduction
and referral of prefiled measures upon convening of regular session.
Procedures Before Passage
NRS 218D.600 Introduction
of legislative measure in duplicate.
NRS 218D.605 Designation
of one copy of legislative measure as original; binding original with cover;
transmittal to Houses; preservation of authenticity of original.
NRS 218D.610 General
duties regarding reprinting, engrossment, reengrossment and enrollment;
insertion of amendments.
NRS 218D.615 Reprinting
of legislative measure passed in one House and amended in other; attachment and
endorsement of amendments.
Procedures After Passage
NRS 218D.630 Transmittal
of passed legislative measure to Legislative Counsel for enrollment; receipt;
notations in history of legislative measure.
NRS 218D.635 Transmittal
of passed legislative measure to State Printer; meaning and interpretation of
new and omitted matter in enrolled legislative measure; comparison of enrolled
copy with official engrossed copy; presentation to officers for signatures.
NRS 218D.640 Signatures
required on enrolled bills and joint resolutions.
Delivery of Bills to Executive Department
NRS 218D.655 Delivery
of official engrossed bill to Secretary of State.
NRS 218D.660 Delivery
of enrolled bill to Governor for action.
Approval, Inaction or Veto by Governor
NRS 218D.675 Procedure
upon delivery to Governor; computation of time for action; approval by
Governor; delivery of bill to Secretary of State if approved.
NRS 218D.680 Delivery
of bill to Secretary of State if bill becomes law without Governor’s signature
or if veto overridden.
Other Duties of Executive Department
NRS 218D.700 Secretary
of State must provide receipt for bills received from Governor; retention by
Governor.
NRS 218D.705 Secretary
of State must bind and index bills enacted into law and other legislative
measures; payment of expenses.
Correction of Typographical and Clerical Errors in Enrolled
Bills
NRS 218D.720 Correction
by Legislative Commission after adjournment of Legislature.
CONSTITUTIONAL AMENDMENTS AND
OTHER STATEWIDE BALLOT MEASURES
NRS 218D.800 Delivery
to Secretary of State of enrolled joint resolution proposing constitutional
amendment; return to Legislature; placement on ballot after second passage;
notations in history of resolution; publication in Statutes of Nevada.
NRS 218D.805 Procedure
for revising enrolled joint resolution proposing constitutional amendment
before second passage to account for intervening amendments ratified by voters.
NRS 218D.810 Preparation
and distribution of ballot materials.
PRINTING AND DISTRIBUTION OF CERTAIN LEGISLATIVE MEASURES AND
PUBLICATIONS
General Provisions
NRS 218D.900 Requests
for distribution; payment of costs; exceptions; cost schedule; money deposited
to and paid from Legislative Fund.
NRS 218D.905 Distribution
to Legislators, legislative officers and Legislative Counsel Bureau.
NRS 218D.910 Distribution
to certain judicial officers, court administrators, clerks and district
attorneys.
NRS 218D.915 Distribution
to certain state and local officers, justices of the peace, libraries and
members of the press.
Journals and Histories
NRS 218D.930 Daily
journals of legislative proceedings: Printing; contents; form; number of
copies; authentication; binding.
NRS 218D.935 Bound
journals of legislative proceedings: Printing; indexes; delivery; free copies
to Legislators.
NRS 218D.940 Daily
history of legislative measures: Printing; contents; form; number of copies;
authentication; binding.
Statutes of Nevada
NRS 218D.955 Compilation;
advance sheets; statutory tables and indexes; printing and distribution.
NRS 218D.960 Number
of copies; contents.
NRS 218D.965 Style
and form; meaning and interpretation of new and omitted matter.
_________
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GENERAL PROVISIONS
NRS 218D.050 General powers and duties of Legislative Counsel and Legal
Division regarding legislative measures.
1. The Legislative Counsel and the Legal
Division shall not prepare or assist in the preparation of legislative measures
for or during a regular session unless:
(a) Authorized by NRS
218D.100 to 218D.220, inclusive, another specific
statute, a joint rule or a concurrent resolution; or
(b) Directed by the Legislature or the
Legislative Commission.
2. The Legislative Counsel and the Legal
Division shall not prepare or assist in the preparation of legislative measures
for or during a special session unless:
(a) Authorized by a joint rule or concurrent
resolution; or
(b) Directed by the Legislature or the
Legislative Commission.
3. During a regular or special session,
the Legislative Counsel and the Legal Division shall provide the Legislature
with legal, technical and other appropriate services concerning any legislative
measure properly before the Legislature or any committee of the Legislature for
consideration.
[1:19:1953]—(NRS A 1963, 1012; 1965, 1450; 1967, 53;
1973, 1122, 1478, 1842; 1975, 532, 1387; 1977, 340, 1121; 1983, 1371; 1985, 458; 1991, 1835, 1895; 1993, 573, 1532; 1995, 1948; 1997, 11; 1999, 2193; 2001, 2118; 2005, 1079; 2009, 678; 2011, 3184;
2013, 3322)—(Substituted
in revision for NRS 218.240)
REQUESTS FOR DRAFTING LEGISLATIVE MEASURES
General Requirements and Priorities
NRS 218D.100 Applicability; general requirements for submitting requests.
1. The provisions of NRS 218D.100 to 218D.220,
inclusive, apply to requests for the drafting of legislative measures for a
regular session.
2. Except as otherwise provided by a
specific statute, joint rule or concurrent resolution, the Legislative Counsel
shall not honor a request for the drafting of a legislative measure if the
request:
(a) Exceeds the number of requests authorized by NRS 218D.100 to 218D.220,
inclusive, for the requester; or
(b) Is submitted by an authorized nonlegislative
requester pursuant to NRS 218D.175 to 218D.220, inclusive, but is not in a subject related
to the function of the requester.
3. The Legislative Counsel shall not:
(a) Except as otherwise provided in NRS 218D.150, 218D.155
and 218D.160, assign a number to a request for the
drafting of a legislative measure to establish the priority of the request
until sufficient detail has been received to allow complete drafting of the
legislative measure.
(b) Honor a request to change the subject matter
of a request for the drafting of a legislative measure after it has been
submitted for drafting.
(c) Honor a request for the drafting of a
legislative measure which has been combined in violation of Section 17 of Article 4 of the
Nevada Constitution.
(Added to NRS by 1999, 2184; A 2003, 2086; 2011, 3184,
3261; 2013, 509, 3322)—(Substituted
in revision for NRS 218.2405)
NRS 218D.105 Requirements for waiving deadline for authorized nonlegislative
requesters in exceptional circumstances.
1. Upon a finding that exceptional
circumstances so warrant, the Legislative Commission when the Legislature is not
in a regular session, or a standing committee which has jurisdiction of the
subject matter when the Legislature is in a regular session, may grant a waiver
to an authorized nonlegislative requester to submit a request for the drafting
of a legislative measure after the time limits in NRS
218D.175 to 218D.220, inclusive.
2. The request for the waiver must be
submitted in writing to the Legislative Commission or standing committee, as
appropriate, explaining the exceptional circumstances.
(Added to NRS by 1963, 1190; A 1967, 106; 1969, 1004;
1973, 1122; 1975, 1389; 1983, 1372; 1993, 939; 1995, 1950; 1997, 1751; 1999, 2195; 2001, 3202; 2007, 3166; 2009, 1568;
2011, 3185;
2013, 3323)—(Substituted
in revision for NRS 218.245)
NRS 218D.110 Requests from Legislative Department: Duties of Legislative
Counsel; priority and order of drafting.
1. The Legislative Counsel shall assist
Legislators in the drafting of the legislative measures which they are
authorized to request, including, without limitation, drafting them in proper
form and furnishing the Legislators with the fullest information upon all
matters within the scope of the Legislative Counsel’s duties.
2. Except as otherwise provided in this
section, the Legislative Counsel shall, insofar as is possible, act upon all
Legislators’ requests for the drafting of legislative measures in the order in
which they are received.
3. To assure the greatest possible equity
in the handling of such requests, drafting must proceed as follows:
(a) If a Legislator so desires, the Legislator
may designate a different priority for the Legislator’s requests which the
Legislative Counsel shall observe, insofar as is possible.
(b) The drafting of requests from chairs or
members of standing committees or special committees which are made on behalf
of those committees must not, except where urgency is recognized, take
precedence over the priority established or designated for requests from
individual Legislators.
(c) After November 1 preceding a regular session,
the Legislative Counsel shall give full priority to the drafting of requests
from Legislators for which sufficient detail to allow complete drafting of the
legislative measure was submitted within the period required by statute.
(Added to NRS by 1983, 1370; A 1989, 2120; 1999, 2195; 2011, 3186,
3262)—(Substituted
in revision for NRS 218.242)
NRS 218D.115 Requests from authorized nonlegislative requesters: Duties of
Legislative Counsel; priority and order of drafting.
1. The Legislative Counsel shall assist
authorized nonlegislative requesters in the drafting of the legislative
measures which they are authorized to request pursuant to NRS 218D.175 to 218D.220,
inclusive.
2. To ensure the greatest possible equity
in the handling of such requests, drafting must proceed as follows:
(a) Requests from each agency or officer of the
Executive Department or from a county, school district or city must, insofar as
is possible, be acted upon in the order in which they are received, unless a
different priority is designated by the requester.
(b) As soon as an agency or officer of the
Executive Department has requested 10 legislative measures for a regular
session, the Legislative Counsel may request the agency or officer to designate
the priority for each succeeding request.
3. The priority designated pursuant to
this section must guide the Legislative Counsel in acting upon the requests of
the respective agencies and officers of the Executive Department and the
counties, school districts and cities to ensure each agency and officer, and
each county, school district and city, as nearly as is possible, an equal rank.
(Added to NRS by 1983, 1370; A 1989, 2120; 1993, 939; 1995, 1949; 1997, 1750; 1999, 2193; 2011, 3186,
3666; 2013, 3323)—(Substituted
in revision for NRS 218.241)
List of Requests; Authorized Disclosures
NRS 218D.130 Preparation and publication of list; information included; joint
requesters; nonreturning Legislators.
1. On July 1 preceding each regular
session, and each week thereafter until the adjournment of the Legislature sine
die, the Legislative Counsel shall prepare a list of all requests received by
the Legislative Counsel for the drafting of legislative measures for the
regular session.
2. The Legislative Counsel Bureau shall
make copies of the list available to the public for a reasonable sum fixed by
the Director.
3. In preparing the list:
(a) The requests must be listed numerically by a
unique serial number which must be assigned to the legislative measures by the
Legislative Counsel for the purposes of identification in the order that the
Legislative Counsel received the requests.
(b) Except as otherwise provided in this section,
the list must only contain the name of each requester, the date and a brief
summary of the request.
(c) If a standing or special committee of the
Legislature requests a legislative measure on behalf of a Legislator or
organization, the list must include:
(1) The name of the standing or special
committee; and
(2) The name of the Legislator or
organization on whose behalf the legislative measure was originally requested.
4. Upon the request of a Legislator who
has requested the drafting of a legislative measure, the Legislative Counsel
shall add the name of one or more other Legislators from either or both Houses
as joint requesters of the legislative measure. The Legislative Counsel:
(a) Shall not add the name of a joint requester
to the list until the Legislative Counsel has received confirmation of the
joint request from the primary requester of the legislative measure and from
the Legislator to be added as a joint requester.
(b) Shall remove the name of a joint requester
upon receipt of a request to do so made by the primary requester or the joint
requester.
(c) Shall cause the names to appear on the list
in the order in which the names were received by the Legislative Counsel
beginning with the primary requester.
(d) Shall not act upon the direction of a joint
requester to withdraw the requested legislative measure or modify its substance
until the Legislative Counsel has received confirmation of the withdrawal or
modification from the primary requester.
5. If the primary requester of a
legislative measure will not be returning to the Legislature for the regular
session in which the legislative measure is to be considered:
(a) The primary requester may authorize a
Legislator who will be serving during that regular session to become the
primary sponsor of the legislative measure, either individually or as the chair
on behalf of a standing committee.
(b) A Legislator who agrees to become or have the
committee become the primary sponsor of the legislative measure shall notify
the Legislative Counsel of that fact.
(c) Upon receipt of such notification, the
Legislative Counsel shall list the name of that Legislator or the name of the
committee as the primary requester of the legislative measure on the list.
6. For the purposes of all limitations on
the number of legislative measures that may be requested by a Legislator:
(a) A legislative measure with joint requesters
must only be counted as a request of the primary requester.
(b) A legislative measure for which a Legislator
or standing committee becomes the primary sponsor pursuant to subsection 5 must
be counted as a request of that Legislator or committee.
(Added to NRS by 1987, 1166; A 1989, 1, 637; 1993, 826; 2003, 935; 2005, 928, 1232; 2011, 3187,
3262)—(Substituted
in revision for NRS 218.2475)
NRS 218D.135 Authorized disclosures concerning certain requests; notice of
duplicative requests.
1. If a Legislator asks whether a request
for a legislative measure relating to a specific topic has been submitted to
the Legislative Counsel for a regular session, the Legislative Counsel shall
disclose to that Legislator whether such a request has been submitted.
2. Upon receipt of a request for the
drafting of a legislative measure which duplicates or closely resembles a
request previously submitted for the same regular session, the Legislative
Counsel shall, to the extent practicable, notify the Legislator or other
requester submitting the duplicative request of that fact and, except as
otherwise provided in this subsection, ask the Legislator or other requester to
withdraw the request. If the request is not withdrawn, the Legislative Counsel
shall inform the previous requester of the fact that a duplicative request has
been made. If the request is submitted by a Legislator on the Legislator’s own
behalf, and the previous request was submitted by a Legislator who is a member
of the other House, the Legislative Counsel shall inform the second requester
of the fact that the request is duplicative.
(Added to NRS by 1977, 340; A 1979, 1327; 1985, 1131; 1987, 1167; 1989, 267; 1991, 462, 1835, 2447; 1993, 574, 575; 1995, 1107, 1950; 2011, 3188)—(Substituted
in revision for part of NRS 218.625)
Legislative Department
NRS 218D.150 Requests from Legislators and chairs of standing committees.
1. Except as otherwise provided in this
section, each:
(a) Incumbent member of the Assembly may request
the drafting of:
(1) Not more than 4 legislative measures
submitted to the Legislative Counsel on or before August 1 preceding a regular
session;
(2) Not more than 5 legislative measures
submitted to the Legislative Counsel after August 1 but on or before December
10 preceding a regular session; and
(3) Not more than 1 legislative measure
submitted to the Legislative Counsel after a regular session has convened but
on or before the eighth day of the regular session at 5 p.m.
(b) Incumbent member of the Senate may request
the drafting of:
(1) Not more than 8 legislative measures
submitted to the Legislative Counsel on or before August 1 preceding a regular
session;
(2) Not more than 10 legislative measures
submitted to the Legislative Counsel after August 1 but on or before December
10 preceding a regular session; and
(3) Not more than 2 legislative measures
submitted to the Legislative Counsel after a regular session has convened but
on or before the eighth day of the regular session at 5 p.m.
(c) Newly elected member of the Assembly may
request the drafting of:
(1) Not more than 5 legislative measures
submitted to the Legislative Counsel on or before December 10 preceding a
regular session; and
(2) Not more than 1 legislative measure
submitted to the Legislative Counsel after a regular session has convened but
on or before the eighth day of the regular session at 5 p.m.
(d) Newly elected member of the Senate may
request the drafting of:
(1) Not more than 10 legislative measures
submitted to the Legislative Counsel on or before December 10 preceding a
regular session; and
(2) Not more than 2 legislative measures
submitted to the Legislative Counsel after a regular session has convened but
on or before the eighth day of the regular session at 5 p.m.
2. A Legislator may not request the
drafting of a legislative measure pursuant to subsection 1 on or after the date
on which the Legislator becomes a nonreturning Legislator. For the purposes of
this subsection, “nonreturning Legislator” means a Legislator who, in the year
that the Legislator’s term of office expires:
(a) Has not filed a declaration or an acceptance
of candidacy within the time allowed for filing for election as a member of the
Senate or the Assembly;
(b) Has failed to win nomination as a candidate
for the Senate or the Assembly at the primary election; or
(c) Has withdrawn as a candidate for the Senate
or the Assembly.
3. A
Legislator may not request the drafting of a legislative measure pursuant to
paragraph (a) or (b) of subsection 1 on or after the date on which the
Legislator files a declaration or an acceptance of candidacy for election to
the House in which he or she is not currently a member. If the Legislator is
elected to the other House, any request that he or she submitted pursuant to
paragraph (a) or (b) of subsection 1 before filing his or her declaration or
acceptance of candidacy for election counts
against the applicable limitation set forth in paragraph (c) or (d) of
subsection 1 for the House in which the Legislator is a newly elected member.
4. If a request made pursuant to
subsection 1 is submitted:
(a) On or before August 1 preceding a regular
session, sufficient detail to allow complete drafting of the legislative
measure must be submitted on or before November 1 preceding the regular
session.
(b) After August 1 but on or before December 10
preceding a regular session, sufficient detail to allow complete drafting of
the legislative measure must be submitted on or before January 1 preceding the
regular session.
(c) After a regular session has convened but on
or before the 8th day of the regular session at 5 p.m., sufficient detail to
allow complete drafting of the legislative measure must be submitted on or before
the 15th day of the regular session.
5. In addition to the number of requests
authorized pursuant to subsection 1:
(a) The chair of each standing committee of the
immediately preceding regular session, or a person designated in the place of
the chair by the Speaker of the Assembly or the Majority Leader of the Senate,
may request before the date of the general election preceding a regular session
the drafting of not more than 1 legislative measure for introduction by the
committee in a subject within the jurisdiction of the committee for every 18
legislative measures that were referred to the respective standing committee
during the immediately preceding regular session.
(b) A person designated after the general
election as a chair of a standing committee for the next regular session, or a
person designated in the place of a chair by the person designated as the
Speaker of the Assembly or the Majority Leader of the Senate for the next
regular session, may request on or before December 10 preceding that regular
session the drafting of the remaining number of the legislative measures
allowed for the respective standing committee that were not requested by the
previous chair or designee.
6. If a request made pursuant to
subsection 5 is submitted:
(a) Before the date of the general election
preceding a regular session, sufficient detail to allow complete drafting of
the legislative measure must be submitted on or before December 10 preceding
the regular session.
(b) After the date of the general election but on
or before December 10 preceding a regular session, sufficient detail to allow
complete drafting of the legislative measure must be submitted on or before
January 1 preceding the regular session.
7. Each request made pursuant to this
section must be on a form prescribed by the Legislative Counsel.
(Added to NRS by 1999, 2184; A 2001, 3200; 2003, 2087; 2007, 3165; 2009, 1568;
2011, 3188,
3263, 3666; 2013, 3323)—(Substituted
in revision for NRS 218.2423)
NRS 218D.155 Requests from legislative leadership, Legislative Counsel,
Secretary of the Senate and Chief Clerk of the Assembly.
1. In addition to the number of requests
authorized pursuant to NRS 218D.150:
(a) The Speaker of the Assembly and the Majority
Leader of the Senate may each request before the date of the general election
preceding a regular session, without limitation, the drafting of not more than
15 legislative measures for that regular session.
(b) The Minority Leader of the Assembly and the
Minority Leader of the Senate may each request before the date of the general
election preceding a regular session, without limitation, the drafting of not
more than 10 legislative measures for that regular session.
(c) A person designated after the general
election as the Speaker of the Assembly, the Majority Leader of the Senate, the
Minority Leader of the Assembly or the Minority Leader of the Senate for the
next regular session may request before the first day of that regular session
the drafting of the remaining number of the legislative measures allowed for
the respective officer that were not requested by the previous officer.
2. If a request made pursuant to
subsection 1 is submitted:
(a) Before the date of the general election
preceding a regular session, sufficient detail to allow complete drafting of
the legislative measure must be submitted on or before December 10 preceding
the regular session.
(b) After the date of the general election but
before the first day of a regular session, sufficient detail to allow complete
drafting of the legislative measure must be submitted on or before March 1 of
the regular session.
3. The Legislative Counsel, the Secretary
of the Senate and the Chief Clerk of the Assembly may request before or during
a regular session, without limitation, the drafting of as many legislative
measures as are necessary or convenient for the proper exercise of their
duties.
(Added to NRS by 1999, 2185; A 2001, 3201; 2003, 2088; 2011, 3189,
3265)—(Substituted
in revision for NRS 218.2426)
NRS 218D.160 Requests from chairs of Legislative Commission and Interim
Finance Committee; requests from statutory, interim and other committees.
1. The Chair of the Legislative Commission
may request the drafting of not more than 10 legislative measures before the
first day of a regular session, with the approval of the Legislative
Commission, which relate to the affairs of the Legislature or its employees,
including legislative measures requested by the legislative staff.
2. The Chair of the Interim Finance
Committee may request the drafting of not more than 10 legislative measures
before the first day of a regular session, with the approval of the Committee,
which relate to matters within the scope of the Committee.
3. If a request made pursuant to subsection
1 or 2 is submitted before the first day of a regular session, sufficient
detail to allow complete drafting of the legislative measure must be submitted
on or before March 1 of the regular session.
4. Except as otherwise provided by a
specific statute, joint rule or concurrent resolution:
(a) Any legislative committee created by a
statute, other than an interim legislative committee, may request the drafting
of not more than 10 legislative measures which relate to matters within the
scope of the committee.
(b) Any committee or subcommittee established by
an order of the Legislative Commission pursuant to NRS 218E.200 may request the drafting of
not more than 5 legislative measures which relate to matters within the scope
of the study or investigation, except that such a committee or subcommittee may
request the drafting of additional legislative measures if the Legislative
Commission approves each additional request by a majority vote.
(c) Any other committee established by the
Legislature which conducts an interim legislative study or investigation may
request the drafting of not more than 5 legislative measures which relate to
matters within the scope of the study or investigation.
Ê The requests
authorized pursuant to this subsection must be submitted to the Legislative
Counsel on or before September 1 preceding a regular session unless the
Legislative Commission authorizes submitting a request after that date.
5. If a request made pursuant to
subsection 4 is submitted on or before September 1 preceding a regular session,
sufficient detail to allow complete drafting of the legislative measure must be
submitted on or before November 1 preceding the regular session.
6. Each request made pursuant to this
section must be on a form prescribed by the Legislative Counsel.
(Added to NRS by 1999, 2186; A 2001, 3202; 2007, 3166; 2009, 1568;
2011, 3190,
3265; 2013, 3325)—(Substituted
in revision for NRS 218.2429)
Executive Department
NRS 218D.175 Requests from Governor, Department of Administration and
constitutional officers.
1. For a regular session, the Governor or
the Governor’s designated representative may request the drafting of not more
than 110 legislative measures which have been approved by the Governor or the
Governor’s designated representative on behalf of the officers, agencies,
boards, commissions, departments and other units of the Executive Department.
The requests must be submitted to the Legislative Counsel on or before August 1
preceding the regular session.
2. The Department of Administration may
request on or before the 19th day of a regular session, without limitation, the
drafting of as many legislative measures as are necessary to implement the
budget proposed by the Governor and to provide for the fiscal management of the
State. In addition to the requests otherwise authorized pursuant to this
section, the Governor may request the drafting of not more than 5 legislative
measures on or before the 19th day of a regular session to propose the
Governor’s legislative agenda.
3. For a regular session, the following
constitutional officers may request, without the approval of the Governor or
the Governor’s designated representative, the drafting of not more than the
following numbers of legislative measures, which must be submitted to the
Legislative Counsel on or before September 1 preceding the regular session:
Lieutenant Governor.................................................................................................. 3
Secretary of State........................................................................................................ 6
State Treasurer............................................................................................................. 5
State
Controller............................................................................................................ 5
Attorney General....................................................................................................... 20
4. In addition to the requests authorized
by subsection 3, the Secretary of State may request, without the approval of
the Governor or the Governor’s designated representative, the drafting of not
more than 2 legislative measures, which must be submitted to the Legislative
Counsel on or before December 1 preceding the regular session. Sufficient
detail to allow complete drafting of the legislative measures requested
pursuant to this subsection must be submitted on or before December 31
preceding the regular session.
5. Each request made pursuant to this
section must be on a form prescribed by the Legislative Counsel. The
legislative measures requested pursuant to subsections 1 and 3 must be prefiled
on or before December 20 preceding the regular session. A legislative measure
that is not prefiled on or before that date shall be deemed withdrawn.
(Added to NRS by 1999, 2186; A 2001, 3203; 2007, 3167; 2009, 1568;
2011, 3190,
3667; 2013, 3326)—(Substituted
in revision for NRS 218.2455)
Judicial Department
NRS 218D.190 Requests from Supreme Court.
1. For a regular session, the Supreme Court
may request the drafting of not more than 10 legislative measures which have
been approved by the Supreme Court on behalf of the Judicial Department. The
requests must be submitted to the Legislative Counsel on or before September 1
preceding the regular session.
2. Each request made pursuant to this
section must be on a form prescribed by the Legislative Counsel. The
legislative measures requested pursuant to this section must be prefiled on or
before December 20 preceding the regular session. A legislative measure that is
not prefiled on or before that date shall be deemed withdrawn.
(Added to NRS by 1965, 1462; A 1989, 2121; 1999, 2196; 2003, 226; 2007, 3167; 2009, 1568;
2011, 3191,
3668)—(Substituted
in revision for NRS 218.247)
Local Governments and Other Entities
NRS 218D.205 Requests from counties, school districts and cities.
1. For a regular session, each board of
county commissioners, board of trustees of a school district and city council
may request the drafting of not more than the numbers of legislative measures
set forth in this section if the requests are:
(a) Approved by the governing body of the county,
school district or city at a public hearing before their submission to the
Legislative Counsel; and
(b) Submitted to the Legislative Counsel on or
before September 1 preceding the regular session.
2. The Legislative Counsel shall notify
the requesting county, school district or city if its request substantially
duplicates a request previously submitted by another county, school district or
city.
3. The board of county commissioners of a
county whose population:
(a) Is 700,000 or more may request the drafting
of not more than 4 legislative measures for a regular session.
(b) Is 100,000 or more but less than 700,000 may
request the drafting of not more than 2 legislative measures for a regular
session.
(c) Is less than 100,000 may request the drafting
of not more than 1 legislative measure for a regular session.
4. The board of trustees of a school
district in a county whose population:
(a) Is 700,000 or more may request the drafting
of not more than 2 legislative measures for a regular session.
(b) Is less than 700,000 may request the drafting
of not more than 1 legislative measure for a regular session.
5. The city council of a city whose
population:
(a) Is 500,000 or more may request the drafting
of not more than 3 legislative measures for a regular session.
(b) Is 150,000 or more but less than 500,000 may
request the drafting of not more than 2 legislative measures for a regular
session.
(c) Is less than 150,000 may request the drafting
of not more than 1 legislative measure for a regular session.
6. Each request made pursuant to this
section must be on a form prescribed by the Legislative Counsel. The
legislative measures requested pursuant to this section must be prefiled on or
before December 20 preceding the regular session. A legislative measure that is
not prefiled on or before that date shall be deemed withdrawn.
7. As used in this section, “population”
means the current population estimate for that city or county as determined and
published by the Department of Taxation and the demographer employed pursuant
to NRS 360.283.
(Added to NRS by 1995, 1948; A 1997, 1751; 1999, 2194; 2007, 3163; 2009, 1568;
2011, 1150,
3191, 3668; 2013, 3327)—(Substituted
in revision for NRS 218.2413)
NRS 218D.210 Requests from association of counties or cities.
1. For a regular session, an association
of counties or cities may request the drafting of not more than 5 legislative
measures. The requests must be submitted to the Legislative Counsel on or before
September 1 preceding the regular session.
2. Each request made pursuant to this
section must be on a form prescribed by the Legislative Counsel. The
legislative measures requested pursuant to this section must be prefiled on or
before December 20 preceding the regular session. A legislative measure that is
not prefiled on or before that date shall be deemed withdrawn.
(Added to NRS by 1995, 1948; A 1999, 2195; 2003, 2087; 2007, 3164; 2009, 1568;
2011, 3192,
3669)—(Substituted
in revision for NRS 218.2415)
NRS 218D.215 Requests from mental health consortium. Repealed.
(See chapter 509, Statutes of Nevada 2013, at page 3329.)
NRS 218D.220 Requests from Nevada Silver Haired Legislative Forum.
1. For a regular session, the Nevada
Silver Haired Legislative Forum created by NRS
427A.320 may request the drafting of not more than 1 legislative measure
which relates to matters within the scope of the Forum. The request must be
submitted to the Legislative Counsel on or before September 1 preceding the
regular session.
2. A request made pursuant to this section
must be on a form prescribed by the Legislative Counsel. A legislative measure
requested pursuant to this section must be prefiled on or before December 20
preceding the regular session. A legislative measure that is not prefiled on or
before that date shall be deemed withdrawn.
(Added to NRS by 2013, 508)
COMPONENTS OF CERTAIN LEGISLATIVE MEASURES
Names of Requesters
NRS 218D.250 Certain legislative measures requested by committee must include
name of Legislator or organization on whose behalf legislative measure was
requested. If a standing or
special committee of the Legislature requests the drafting of a legislative measure
on behalf of a Legislator or an organization, the legislative measure must
indicate the name of the standing or special committee and the Legislator or
organization on whose behalf the legislative measure was originally requested.
(Added to NRS by 1991, 1835; A 1993, 826; 2011, 3193)—(Substituted
in revision for NRS 218.2477)
Unfunded Mandates
NRS 218D.270 Certain legislative measures must include information relating
to unfunded mandates. If any
provision contained in a legislative measure will have the effect of requiring
one or more local governments to establish, provide or increase a program or service
which is estimated to cost in excess of $5,000 per local government and a
specified source for the additional revenue to pay the expense is not
authorized by a specific statute, the face of the legislative measure must
indicate:
1. That the legislative measure contains
an unfunded mandate; and
2. Whether the legislative measure was
requested by or on behalf of one or more of the local governments that will be
required by the legislative measure to establish, provide or increase the
program or service.
(Added to NRS by 1999, 1181; A 2011, 3193)—(Substituted
in revision for NRS 218.2479)
Legislative Counsel’s Digest
NRS 218D.290 Certain legislative measures must include digest when
practicable; contents and style; revision.
1. To the extent practicable, the
Legislative Counsel shall cause each bill or joint resolution introduced in the
Legislature to include a digest. The digest must be printed on the bill
immediately following the title of the bill.
2. The digest must be drafted by the
Legislative Counsel in plain English and include a concise and clear summary of
any existing laws directly related to the legislation and a summary of how the
legislation adds to, changes or repeals such existing laws.
3. To the extent practicable, if either
House amends a bill or joint resolution, the Legislative Counsel shall cause
the digest to be revised as necessary to reflect the adoption of the amendment.
The digest is not subject to amendment by the Legislature.
(Added to NRS by 2003, 2086)—(Substituted
in revision for NRS 218.249)
Legal Descriptions of Land
NRS 218D.310 Verification of legal descriptions of land in certain
legislative measures.
1. Before a legal description of land is
submitted to the Legislature or the Legislative Counsel Bureau by any state
agency or department in connection with a proposed legislative measure for the
acquisition or disposition of state lands, the State Land Registrar shall
attach a certificate verifying the completeness and accuracy of the
description.
2. The certificate must include the
statement, “The attached or foregoing description has been verified as being a
complete and accurate legal description of the land involved in the proposed
transaction.” The certificate must be signed by the person who actually
examined and verified the description as well as by the Administrator of the
Division of State Lands of the State Department of Conservation and Natural
Resources.
3. The Legislative Counsel shall note in
the summary of the legislative measure that the description is verified or
report this fact specially to the Legislative Commission.
(Added to NRS by 1977, 1121; A 2011, 3193)—(Substituted
in revision for NRS 218.255)
Effective Dates; Expiration Clauses
NRS 218D.330 Effective date of legislative measure when not specifically
prescribed; period during which legislative measure that expires by limitation
remains effective.
1. Each law and joint resolution passed by
the Legislature becomes effective on October 1 following its passage, unless
the law or joint resolution specifically prescribes a different effective date.
2. Each law and joint resolution passed by
the Legislature which expires by limitation on a specific date remains
effective until the last moment of the day on which it expires by limitation,
unless the law or joint resolution specifically provides otherwise.
[1:6:1865; A 1925, 1; NCL § 7301]—(NRS A 1989, 2; 2011, 3194)—(Substituted
in revision for NRS 218.530)
Tax Exemptions and Abatements
NRS 218D.350 Requirements for certain legislative measures enacting tax
exemptions subject to Section 6 of Article 10
of the Nevada Constitution. In
accordance with Section 6 of Article
10 of the Constitution of the State of Nevada:
1. The Legislature shall not enact an
exemption from any ad valorem tax on property or excise tax on the sale,
storage, use or consumption of tangible personal property sold at retail unless
the Legislature finds that the exemption:
(a) Will achieve a bona fide social or economic
purpose and the benefits of the exemption are expected to exceed any adverse
effect of the exemption on the provision of services to the public by the State
or a local government that would otherwise receive revenue from the tax from
which the exemption would be granted; and
(b) Will not impair adversely the ability of the
State or a local government to pay, when due, all interest and principal on any
outstanding bonds or any other obligations for which revenue from the tax from
which the exemption would be granted was pledged.
2. In enacting an exemption from any ad
valorem tax on property or excise tax on the sale, storage, use or consumption
of tangible personal property sold at retail, the Legislature shall ensure that
the requirements for claiming the exemption are as similar as practicable for
similar classes of taxpayers.
(Added to NRS by 2009, 2540)
NRS 218D.355 Requirements for certain legislative measures authorizing or
increasing tax abatements approved by Office of Economic Development.
[Effective through June 30, 2036.]
1. Except as otherwise provided in NRS 360.965, any state legislation enacted
on or after July 1, 2012, which authorizes or requires the Office of Economic
Development to approve any abatement of taxes or increases the amount of any
abatement of taxes which the Office is authorized or required to approve:
(a) Expires by limitation 10 years after the
effective date of that legislation.
(b) Does not apply to:
(1) Any taxes imposed pursuant to NRS 374.110 or 374.190; or
(2) Any entity that receives:
(I) Any funding from a governmental
entity, other than any private activity bonds as defined in 26 U.S.C. § 141; or
(II) Any real or personal property
from a governmental entity at no cost or at a reduced cost.
(c) Requires each recipient of the abatement to
submit to the Department of Taxation, on or before the last day of each
even-numbered year, a report on whether the recipient is in compliance with the
terms of the abatement. The Department of Taxation shall establish a form for
the report and may adopt such regulations as it determines to be appropriate to
carry out this paragraph. The report must include, without limitation:
(1) The date the recipient commenced
operation in this State;
(2) The number of employees actually
employed by the recipient and the average hourly wage of those employees;
(3) An accounting of any fees paid by the
recipient to the State and to local governmental entities;
(4) An accounting of the property taxes
paid by the recipient and the amount of those taxes that would have been due if
not for the abatement;
(5) An accounting of the sales and use
taxes paid by the recipient and the amount of those taxes that would have been
due if not for the abatement;
(6) An accounting of the total capital
investment made in connection with the project to which the abatement applies;
and
(7) An accounting of the total investment
in personal property made in connection with the project to which the abatement
applies.
2. On or before January 15 of each
odd-numbered year, the Department of Taxation shall:
(a) Based upon the information submitted to the
Department of Taxation pursuant to paragraph (c) of subsection 1, prepare a
written report of its findings regarding whether the costs of the abatement
exceed the benefits of the abatement; and
(b) Submit the report to the Director for
transmittal to the Legislature.
(Added to NRS by 2009, 2540;
A 2011,
3194, 3451;
2014, 28th Special Session, 24)
NRS 218D.355 Requirements for certain
legislative measures authorizing or increasing tax abatements approved by
Office of Economic Development. [Effective July 1, 2036.]
1. Any state legislation enacted on or
after July 1, 2012, which authorizes or requires the Office of Economic
Development to approve any abatement of taxes or increases the amount of any
abatement of taxes which the Office is authorized or required to approve:
(a) Expires by limitation 10 years after the
effective date of that legislation.
(b) Does not apply to:
(1) Any taxes imposed pursuant to NRS 374.110 or 374.190; or
(2) Any entity that receives:
(I) Any funding from a governmental
entity, other than any private activity bonds as defined in 26 U.S.C. § 141; or
(II) Any real or personal property
from a governmental entity at no cost or at a reduced cost.
(c) Requires each recipient of the abatement to
submit to the Department of Taxation, on or before the last day of each
even-numbered year, a report on whether the recipient is in compliance with the
terms of the abatement. The Department of Taxation shall establish a form for
the report and may adopt such regulations as it determines to be appropriate to
carry out this paragraph. The report must include, without limitation:
(1) The date the recipient commenced
operation in this State;
(2) The number of employees actually
employed by the recipient and the average hourly wage of those employees;
(3) An accounting of any fees paid by the
recipient to the State and to local governmental entities;
(4) An accounting of the property taxes
paid by the recipient and the amount of those taxes that would have been due if
not for the abatement;
(5) An accounting of the sales and use
taxes paid by the recipient and the amount of those taxes that would have been
due if not for the abatement;
(6) An accounting of the total capital
investment made in connection with the project to which the abatement applies;
and
(7) An accounting of the total investment
in personal property made in connection with the project to which the abatement
applies.
2. On or before January 15 of each
odd-numbered year, the Department of Taxation shall:
(a) Based upon the information submitted to the
Department of Taxation pursuant to paragraph (c) of subsection 1, prepare a
written report of its findings regarding whether the costs of the abatement
exceed the benefits of the abatement; and
(b) Submit the report to the Director for
transmittal to the Legislature.
(Added to NRS by 2009, 2540;
A 2011,
3194, 3451;
2014, 28th Special Session, 24, effective July 1, 2036)
Population Classifications
NRS 218D.370 Criteria for amending population classifications.
1. Before changing a classification in a
statute based upon population as defined in NRS
0.050, the Legislature shall review the classification, consider the
suggestions of all interested persons in the State relating to whether the
classification should remain unchanged or be amended, and find that the
classification should be amended to a different level. The determination that a
classification should be amended must not solely be based upon changes in the
population of local governments in this State.
2. In determining whether a classification
should be amended, the Legislature shall consider:
(a) The appropriateness of the statute to local
governments or other entities of a particular population classification;
(b) Any changes in conditions that are applicable
to the affected entities;
(c) Changes in state or federal law other than
the law being amended; and
(d) The testimony of representatives of local
governments and other persons indicating a need for and desire to apply the
statute to the local government or to exclude the local government from the
applicability of the statute.
(Added to NRS by 2011, 1150)
Reports Submitted to Legislature
NRS 218D.380 Requirements for certain legislative measures involving
submission of reports to Legislature; Legislative Commission to review and
recommend regarding necessity of certain reports.
1. Any provision of state legislation
enacted on or after July 1, 2013, which adds or revises a requirement to submit
a report to the Legislature must:
(a) Expire by limitation 5 years after the
effective date of the addition or revision of the requirement; or
(b) Contain a statement by the Legislature
setting forth the justifications for continuing the requirement for more than 5
years. The statement must include, without limitation:
(1) If the requirement is being revised,
the date the requirement was enacted;
(2) If the requirement concerns a report
regarding the implementation or monitoring of a new program, an analysis of the
continued usefulness of such a report after 5 years; and
(3) An identification and analysis of any
costs or benefits associated with or expected to be associated with the report.
2. The Legislative Commission shall review
the requirements in state legislation for submitting a report to the
Legislature which have been in existence for 4 years or more to determine
whether the requirements should be repealed, revised or continued. In making
its determination pursuant to this subsection, the Legislative Commission
shall:
(a) Identify and analyze any costs or benefits
associated with the report;
(b) Consider the ability of the Legislature to
obtain the information provided in the report from another source;
(c) Consider any recommendations made by the
Director pursuant to NRS 218D.385 regarding the
elimination or revision of requirements in state legislation to submit obsolete
or redundant reports to the Legislature; and
(d) Consider any other criteria determined by the
Legislative Commission to be appropriate.
3. Based upon its review of the
requirements pursuant to subsection 2, the Legislative Commission shall, as it
deems appropriate:
(a) Make recommendations to the Legislature
regarding whether the requirements in state legislation for submitting such
reports to the Legislature should be repealed, revised or continued; and
(b) Request the drafting of a legislative measure
pursuant to NRS 218D.160 to facilitate its
recommendations.
(Added to NRS by 2013, 81; A 2013, 1633)
NRS 218D.385 Director to develop recommendations for elimination or revision
of requirements to submit certain reports.
1. The Director shall develop
recommendations for the:
(a) Elimination of any requirements to submit
obsolete or redundant reports to the Legislature; and
(b) Revision of any requirements for reporting to
reduce the frequency or to change the due dates, or any other revision of the
requirements deemed appropriate by the Director.
2. In developing the recommendations
required pursuant to subsection 1, the Director shall consider:
(a) The length of time the requirement has been
in existence and whether the requirement remains relevant;
(b) The ability of the Legislature and the public
to obtain the information provided in a report from another source; and
(c) Any other criteria determined by the Director
to be appropriate.
3. The Director’s recommendations, if any,
must be:
(a) Presented to the Legislative Commission on or
before July 1 of each even-numbered year; and
(b) Considered by the Legislative Commission when
it conducts its review pursuant to NRS 218D.380 of
the requirements in state legislation for submitting such reports to the
Legislature.
4. Based on the Director’s recommendations
and its review pursuant to NRS 218D.380, the
Legislative Commission shall, as it deems appropriate:
(a) Make recommendations to the Legislature
regarding whether the requirements in state legislation for submitting such
reports to the Legislature should be repealed, revised or continued; and
(b) Request the drafting of a legislative measure
pursuant to NRS 218D.160 to facilitate its
recommendations.
(Added to NRS by 2013, 1609)
FISCAL NOTES CONCERNING CERTAIN LEGISLATIVE MEASURES
General Provisions
NRS 218D.400 “Presiding officer” defined. As
used in NRS 218D.400 to 218D.495,
inclusive, unless the context otherwise requires, “presiding officer” means:
1. In the Assembly, the Speaker of the
Assembly or another member of the Assembly who is performing the functions of
the Speaker during the absence or inability of the Speaker.
2. In the Senate, the Majority Leader of
the Senate or another member of the Senate who is performing the functions of
the Majority Leader during the absence or inability of the Majority Leader.
(Added to NRS by 2009, 1148)
Fiscal Information Included on Measure
NRS 218D.415 Summary of certain legislative measures must include information
concerning fiscal effect and appropriations.
1. The summary of each bill or joint
resolution introduced in the Legislature must include the statement:
(a) “Fiscal Note: Effect on Local Government: May
have Fiscal Impact,”
“Fiscal Note: Effect on Local Government: No,”
or
“Fiscal
Note: Effect on Local Government: Increases or Newly Provides for Term of
Imprisonment in County or City Jail or Detention Facility,”
Ê whichever is
appropriate; and
(b) “Effect on the State: Yes,”
“Effect on the State: No,”
“Effect on the State: Contains Appropriation
included in Executive Budget,”
“Effect on the State: Executive Budget,” or
“Effect
on the State: Contains Appropriation not included in Executive Budget,”
Ê whichever is
appropriate.
2. The Legislative Counsel shall consult
the Fiscal Analysis Division to secure the appropriate information for
summaries of bills and joint resolutions.
3. If an amendment adds an appropriation
to a bill that previously did not include an appropriation or removes all
appropriations from a bill that previously included one or more appropriations,
the Legislative Counsel shall change the summary of the bill to reflect the
inclusion or removal.
(Added to NRS by 1969, 1005; A 1973, 642; 1975, 192,
1390; 1977, 343;
1979, 390; 1995, 2528; 1997, 646; 1999, 1805; 2003, 2089)—(Substituted
in revision for NRS 218.2754)
When Fiscal Note is Required
NRS 218D.430 Fiscal note required for certain bills and joint resolutions
affecting State Government.
1. Except as otherwise provided in
subsection 4, the Fiscal Analysis Division shall obtain a fiscal note on:
(a) Any bill or joint resolution which creates or
increases any fiscal liability or decreases any revenue which appears to be in
excess of $2,000; and
(b) Any bill or joint resolution which increases
or newly provides for a term of imprisonment in the state prison or makes
release on parole or probation from the state prison less likely,
Ê before a
vote is taken on such a bill or joint resolution by a committee of the Assembly
or the Senate.
2. The fiscal note must contain a reliable
estimate of the anticipated change in appropriation authority, fiscal liability
or state revenue under the bill or joint resolution, including, to the extent
possible, a projection of such changes in future biennia.
3. Except as otherwise provided in NRS 218D.400 to 218D.495,
inclusive, or a joint rule, the estimates must be made by the affected agency
or agencies.
4. The fiscal note is not required on any
bill or joint resolution relating exclusively to the proposed executive budget.
(Added to NRS by 1969, 1004; A 1973, 641; 1975, 192,
1389; 1977, 342;
1979, 389; 1983, 1046; 1985, 328; 1995, 2818; 1997, 2705; 1999, 2196; 2001, 3203; 2011, 3195)—(Substituted
in revision for NRS 218.272)
NRS 218D.435 Fiscal note required for certain bills and joint resolutions
affecting local governments.
1. Before a vote is taken by a committee
of the Assembly or the Senate on any bill or joint resolution which the
Legislative Counsel, in consultation with the Fiscal Analysis Division,
determines may reduce the revenues or increase the expenditures of a local
government, the Fiscal Analysis Division shall prepare a fiscal note pursuant
to NRS 218D.400 to 218D.495,
inclusive.
2. Before preparing a fiscal note pursuant
to this section, the Fiscal Analysis Division shall:
(a) Provide to the appropriate local governments
a copy of the bill or joint resolution for which the fiscal note is required;
and
(b) Request that the local governments review the
bill or joint resolution and, if required, prepare a fiscal note pursuant to
the provisions of subsection 2 of NRS 218D.475.
3. Except as otherwise provided in this
subsection, a fiscal note is not required if the only impact on a local
government is that a bill or joint resolution increases or newly provides for a
term of imprisonment in a county or city jail or detention facility, or makes
release on probation therefrom less likely. The Fiscal Analysis Division shall
prepare a fiscal note for a bill or joint resolution for which a fiscal note is
not otherwise required pursuant to this subsection if, within 8 working days
after the bill or joint resolution is introduced:
(a) A local government prepares a fiscal note for
the bill or joint resolution and submits it to the Fiscal Analysis Division;
and
(b) The fiscal note complies with requirements
set forth in NRS 218D.470.
(Added to NRS by 1975, 191; A 1975, 1391; 1977, 342; 1979, 389; 1983, 1047; 1985, 328; 1989, 1179; 1999, 2197; 2003, 2088)—(Substituted
in revision for NRS 218.2723)
NRS 218D.440 Fiscal note not required for amendments unless requested by
presiding officer.
1. Except as provided in subsection 2,
fiscal notes are required on the original bill and original joint resolution
only and not on amendments.
2. Whenever an amendment adopted by one
House so affects a bill or joint resolution that the original fiscal note
ceases to be valid, the presiding officer may direct the Fiscal Analysis
Division to obtain a new fiscal note showing the effect of the bill or joint
resolution as amended.
(Added to NRS by 1969, 1005; A 1973, 641; 1975, 1390;
1977, 342; 1979, 390)—(Substituted
in revision for NRS 218.273)
NRS 218D.445 Legislator may raise issue that legislative measure requires
fiscal note; determination of need for fiscal note by presiding officer.
1. Any Legislator may at any time while a
bill or joint resolution is before the Legislator’s House raise the issue that
the bill or joint resolution requires a fiscal note.
2. If the presiding officer determines
that the bill or joint resolution does require a fiscal note, the presiding
officer shall request the Fiscal Analysis Division to obtain the fiscal note
before further action is taken.
(Added to NRS by 1969, 1006; A 1973, 643; 1977, 344; 1979, 392)—(Substituted
in revision for NRS 218.2758)
Procedures, Form and Content for Fiscal Notes
NRS 218D.460 Requester of legislative measure must be informed of need for
fiscal note; procedure for submitting legislative measure to agency or local
government for fiscal note.
1. After a bill or joint resolution has
been drafted, the Fiscal Analysis Division shall inform the requester that a
fiscal note is required when the draft is submitted to the requester for
review.
2. If the requester so directs, the Fiscal
Analysis Division shall promptly determine the agency or local government to
which the bill or joint resolution should be submitted and shall submit it for
a fiscal note.
3. If the requester is a Legislator and
desires to introduce the bill or joint resolution without a fiscal note, the
Legislator may do so, but when the bill is introduced, the Fiscal Analysis
Division shall promptly determine the agency or local government to which the
bill or joint resolution is to be submitted and shall forward it to the agency
or local government to obtain the fiscal note.
(Added to NRS by 1969, 1005; A 1973, 642; 1975, 1391;
1977, 343; 1979, 391; 2001, 3204; 2003, 2090)—(Substituted
in revision for NRS 218.2755)
NRS 218D.465 Form of fiscal note; review by Department of Administration.
1. The name of the agency preparing the
fiscal note must appear on the fiscal note with the name of the official of the
agency who is primarily responsible for preparing the fiscal note.
2. The Department of Administration shall
review the fiscal notes prepared by the agencies before such fiscal notes are
returned to the Legislature. If the Department of Administration disagrees with
a fiscal note prepared by the agency, it may submit a supplementary fiscal note
for the bill or joint resolution.
(Added to NRS by 1969, 1005; A 1973, 642, 1659; 1979, 390; 2001, 3204; 2003, 2089)—(Substituted
in revision for NRS 218.275)
NRS 218D.470 Contents of fiscal note.
1. The fiscal note must be factual and
concise in nature, and must provide a reliable estimate of the dollar amount of
effect the bill or joint resolution will have.
2. If the agency or local government
concludes that no dollar amount can be estimated, the fiscal note must so state
with reasons for such a conclusion.
(Added to NRS by 1969, 1005; A 1979, 390; 2003, 2089)—(Substituted
in revision for NRS 218.2751)
NRS 218D.475 Time for agency or local government to prepare and return fiscal
note; extension.
1. Whenever a bill or joint resolution is
submitted to an agency for a fiscal note, the agency shall prepare the fiscal
note and return it to the Fiscal Analysis Division within 5 working days. The
Fiscal Analysis Division may extend the period for not more than 10 additional
working days if the matter requires extended research.
2. Whenever a bill or joint resolution is
submitted to a local government for a fiscal note, the local government shall:
(a) Review the provisions of the bill or joint
resolution to determine whether the bill or joint resolution reduces the
revenues or increases the expenditures of the local government; and
(b) If the local government determines that the
bill or joint resolution reduces the revenues or increases the expenditures of
the local government, prepare a fiscal note for that bill or joint resolution
and return it to the Fiscal Analysis Division within 8 working days.
(Added to NRS by 1969, 1005; A 1975, 1390; 1977, 343; 1979, 390; 2001, 3204; 2003, 2089; 2011, 3195)—(Substituted
in revision for NRS 218.2752)
NRS 218D.480 Transmittal of fiscal note to chairs of committees; additional
procedures for preparing fiscal notes concerning legislative measures affecting
local governments; retention of copies of fiscal notes.
1. As soon as practicable after a fiscal
note is received from an agency, the Fiscal Analysis Division shall send a copy
of the fiscal note to the chair of the standing committee or committees to
which the bill or joint resolution has been referred. The Fiscal Analysis
Division shall retain the original fiscal note.
2. Upon expiration of the period
prescribed in paragraph (b) of subsection 2 of NRS
218D.475, the Fiscal Analysis Division shall prepare a single consolidated
fiscal note into which any information submitted by a local government
regarding a bill or joint resolution must be incorporated. If, upon the
expiration of that period, the Fiscal Analysis Division determines that no
local governments have submitted information regarding the fiscal impact of a
bill or joint resolution, the Fiscal Analysis Division shall prepare a fiscal
note indicating that local governments have reported no decreases in revenues
or increases in expenditures resulting from the bill or joint resolution. The
Fiscal Analysis Division shall send to the chair of the standing committee or
committees to which the bill or joint resolution has been referred a copy of a
fiscal note prepared pursuant to this subsection. The Fiscal Analysis Division
shall retain the original fiscal note and any fiscal notes submitted by local
governments for the bill or joint resolution.
3. If a local government wishes to submit
a fiscal note for a bill or joint resolution after the expiration of the period
prescribed in paragraph (b) of subsection 2 of NRS
218D.475, the local government must submit the fiscal note to the chair of
the committee or committees to which the bill or joint resolution has been
referred, and a copy of the fiscal note to the Fiscal Analysis Division. The
Fiscal Analysis Division shall retain the copy of the fiscal note provided by
the local government.
(Added to NRS by 1969, 1006; A 1973, 642, 1457; 1975,
192, 1391; 1977,
343; 1979,
391; 1985,
458; 1993,
1532; 1997,
12; 2001,
3204; 2003,
2090; 2011,
3195)—(Substituted in revision for NRS 218.2756)
NRS 218D.485 Printing of fiscal notes. All
fiscal notes of bills or joint resolutions that have been introduced must be
printed together, separate from the bills or joint resolutions, in the order of
introduction in the Assembly and the Senate.
(Added to NRS by 1969, 1006; A 1979, 392)—(Substituted
in revision for NRS 218.2757)
Unlawful Acts Involving Fiscal Notes
NRS 218D.495 Unlawful to copy or disseminate information concerning
legislative measure submitted for fiscal note; exceptions; penalty.
1. Agencies and local governments may use
the bills and joint resolutions submitted to them pursuant to NRS 218D.400 to 218D.495,
inclusive, for official purposes only.
2. A person shall not copy or otherwise
disseminate information concerning any bill or joint resolution which has been
submitted to the person pursuant to NRS 218D.400
to 218D.495, inclusive, unless:
(a) The bill or joint resolution has been
prefiled pursuant to NRS 218D.580, introduced in
the Legislature or otherwise lawfully released to the public; or
(b) The person has obtained the consent of the
requester.
3. A person who knowingly disseminates
information in violation of this section is guilty of a misdemeanor.
(Added to NRS by 1969, 1005; A 1979, 390; 1985, 335; 2003, 2089; 2011, 3196)—(Substituted
in revision for NRS 218.2753)
INTRODUCTION AND PASSAGE OF LEGISLATIVE MEASURES
Form, Style, Printing and Correction
NRS 218D.550 Determination of form and correction of mistakes by Legislative
Counsel.
1. Before introduction, each bill must be
delivered to the Legislative Counsel for the purpose of determining if the bill
is in the proper form as prescribed by law or rule of the Houses. The
Legislative Counsel is authorized to correct any clerical error such as
orthography, adding or correcting the enacting clause, mistakes in numbering
sections and references thereto, and in any other particular wherein the bill
does not comply in form with law or rule of the Houses.
2. If, in the opinion of the Legislative
Counsel, any correction made by the Legislative Counsel under the authority of
this section should in any manner be construed to be a change in the bill other
than a change in form, the Legislative Counsel shall obtain the consent of the
author of the bill before making such change.
[2:19:1953]—(NRS A 1963, 1012; 1965, 1450; 2011, 3196)—(Substituted
in revision for NRS 218.250)
NRS 218D.555 Printing of legislative measures and fiscal notes; changes and
corrections by Legislative Counsel.
1. The Legislative Counsel shall print
copies of each legislative measure and each fiscal note prepared for a
legislative measure in the quantity authorized by the Secretary of the Senate
and the Chief Clerk of the Assembly.
2. In printing each legislative measure,
the Legislative Counsel is authorized:
(a) To set the style and form of the printing.
(b) To correct all errors in spelling or
punctuation in the copy furnished to the Legislative Counsel.
(c) To supply the enacting clause if omitted.
3. The Legislative Counsel is not
authorized to make any change which in any way varies the apparent meaning of
the legislative measure.
[1:3:1949; 1943 NCL § 7298.01]—(NRS A 1969, 1004,
1520; 1973, 1457; 1985,
459; 1993,
1533; 1997,
13; 2005,
1080; 2011,
3196)—(Substituted in revision for NRS 218.290)
NRS 218D.560 Drafting and printing of bills; marking of new and old matter.
1. Bills to amend existing general
statutes and all bills to enact new statutes of a general, public and permanent
nature shall be deemed amendments to NRS and must contain reference to NRS.
2. New matter must be indicated by
underscoring, italics or other distinctive type in the typewritten or other
machine-produced copy and italics in the printed copy except in bills to add
new chapters or titles to NRS and which do not amend existing sections of NRS.
3. Matter to be omitted must be indicated
by brackets in the typewritten or other machine-produced copy, and brackets or
strike out type in the printed copy.
4. In the drafting and printing of bills
all matter appearing as omitted and bracketed in previously enacted and printed
statutes must be omitted entirely.
[4:3:1949; A 1951, 1]—(NRS A 1957, 4; 1965, 1451; 1991, 462)—(Substituted
in revision for NRS 218.310)
Prefiling
NRS 218D.575 Request for prefiling; distribution of certain prefiled measures
between Houses; review for proper form; limitations on prefiling.
1. A Legislator who will be a member of
the next regular session may request the Legislative Counsel to prefile any
bill or joint resolution that was requested by that Legislator for introduction
in the next regular session.
2. A Legislator designated as a chair of a
standing committee for the next regular session may request the Legislative
Counsel to prefile on behalf of the committee any bill or joint resolution
within the jurisdiction of the committee for introduction in the next regular
session.
3. All bills and joint resolutions
requested by authorized nonlegislative requesters and submitted for prefiling
pursuant to NRS 218D.175 to 218D.220, inclusive, must be randomly divided in
equal amounts between the Senate and the Assembly and prefiled on behalf of the
appropriate standing committee.
4. The Legislative Counsel shall prepare
all bills and joint resolutions submitted for prefiling in final and correct
form for introduction in the Legislature as required by the Nevada Constitution
and this chapter.
5. The Legislative Counsel shall not
prefile a bill or joint resolution requested by:
(a) A Legislator who is not a candidate for
reelection until after the general election immediately preceding the regular
session.
(b) A Legislator who is elected or reelected to
legislative office at the general election immediately preceding the regular
session until the Legislator is determined to have received the highest number
of votes pursuant to the canvass of votes required by NRS 293.395.
(Added to NRS by 1973, 1125; A 1995, 1736; 1997, 1752; 2003, 2091; 2007, 3168; 2009, 1568;
2011, 3197;
2013, 3328)—(Substituted
in revision for NRS 218.277)
NRS 218D.580 Transmittal of prefiled measures to Houses; numbering, contents
and form; printing and release of copies.
1. The Legislative Counsel shall, upon
receipt of requests for prefiling bills and joint resolutions for introduction
in the next regular session, transmit those bills and joint resolutions that
may be prefiled to the Secretary of the Senate or the Chief Clerk of the
Assembly, as appropriate. The Secretary or Chief Clerk shall number the
prefiled bills and joint resolutions consecutively in the same manner as during
regular sessions and is responsible for the safekeeping of such prefiled bills
and joint resolutions.
2. After a prefiled bill or joint
resolution has been properly numbered, the Legislative Counsel shall cause the
prefiled bill or joint resolution to be printed in the same manner as during
regular sessions. The prefiled bill or joint resolution must contain:
(a) The name of the introducer;
(b) The date on which it was prefiled;
(c) If it was not requested by a Legislator, the
name of the entity that requested the preparation of the prefiled bill or joint
resolution; and
(d) The standing committee of the Senate or the
Assembly to which the prefiled bill or joint resolution is proposed to be
referred.
3. The number of copies to be printed must
be determined by the Legislative Counsel, and the expenses of printing and
mailing must be paid from the Legislative Fund.
4. The Legislative Counsel shall release
copies of a prefiled bill or joint resolution to the public.
(Added to NRS by 1973, 1125; A 1973, 1478; 1985, 459; 1993, 1533; 1995, 1736; 1997, 12; 2005, 1079; 2007, 3168; 2011, 3197)—(Substituted
in revision for NRS 218.278)
NRS 218D.585 Introduction and referral of prefiled measures upon convening of
regular session. Upon the
convening of the next regular session, all prefiled bills and joint resolutions
must be introduced and referred to a standing committee in the order in which
they are numbered.
(Added to NRS by 1973, 1125; A 1995, 1737; 2011, 3198)—(Substituted
in revision for NRS 218.279)
Procedures Before Passage
NRS 218D.600 Introduction of legislative measure in duplicate.
1. Each bill and resolution must be
introduced in duplicate and one copy of each bill and resolution must be marked
“original” and one must be marked “duplicate.”
2. The copy marked “duplicate” must be referred
to the Legislative Counsel for photocomposition and filing.
[2:3:1949; A 1955, 732]—(NRS A 1965, 1451; 1969,
1519; 1973, 1125, 1457, 1478; 1985, 255; 1995, 1106; 2011, 3198)—(Substituted
in revision for NRS 218.280)
NRS 218D.605 Designation of one copy of legislative measure as original;
binding original with cover; transmittal to Houses; preservation of
authenticity of original.
1. Upon receipt of the printed copies of
each bill and resolution, the Legislative Counsel shall cause one copy to be
designated as the original and bound in a cover, which copy must be delivered
to the Secretary of the Senate or to the Chief Clerk of the Assembly.
2. The Legislative Counsel shall:
(a) Determine an appropriate method for
designating the original of each bill and resolution to ensure that the
authenticity of the original is preserved; and
(b) Notify the Secretary of the Senate, the Chief
Clerk of the Assembly and the Secretary of State of the method selected.
[3:3:1949; A 1955, 732]—(NRS A 1965, 1451; 1969,
1520; 1973, 1458; 1985,
460; 1993,
1533; 1995,
1106; 1997,
13; 2005, 1;
2009, 1148;
2011, 3198)—(Substituted
in revision for NRS 218.300)
NRS 218D.610 General duties regarding reprinting, engrossment, reengrossment
and enrollment; insertion of amendments.
1. Each bill and resolution designated for
reprinting, engrossment, reengrossment and enrollment must be routed directly
through the Office of the Legislative Counsel.
2. As directed by the Secretary of the
Senate and the Chief Clerk of the Assembly, the Legislative Counsel shall
immediately insert all amendments made to a bill or resolution by the
respective Houses preparatory to reprinting, engrossment, reengrossment and
enrollment.
[5:265:1951]—(NRS A 1957, 582; 1963, 1011; 1965,
1449; 2011,
3198)—(Substituted in revision for NRS 218.315)
NRS 218D.615 Reprinting of legislative measure passed in one House and
amended in other; attachment and endorsement of amendments.
1. When a bill or resolution which has
passed in one House is amended in the other, it must immediately be reprinted
as amended by the House making the amendment.
2. The amendment:
(a) Must be attached to the bill or resolution so
amended and endorsed “adopted”; and
(b) If concurred in by the House in which the
bill or resolution originated, must be endorsed “concurred in.”
3. Each endorsement must be signed by the
Secretary of the Senate or Chief Clerk of the Assembly, or an authorized
assistant.
[6:3:1949; 1943 NCL § 7298.06]—(NRS A 2005, 2; 2007, 3169; 2009, 1149;
2011, 3198)—(Substituted
in revision for NRS 218.330)
Procedures After Passage
NRS 218D.630 Transmittal of passed legislative measure to Legislative Counsel
for enrollment; receipt; notations in history of legislative measure.
1. When a bill or resolution is passed by
both Houses, the Secretary of the Senate or the Chief Clerk of the Assembly
shall transmit the bill or resolution to the Legislative Counsel to be enrolled
and take a receipt therefor. The receipt must bear the date of delivery and
give the bill or resolution number.
2. The fact that the bill or resolution
was received by the Legislative Counsel must be noted as a part of the history
of the bill or resolution.
3. When a bill is enrolled and delivered
to the Governor pursuant to NRS 218D.660, the fact
of such delivery and the date of such delivery must be noted, over the
signature of the Legislative Counsel, as a part of the history of the bill.
[7:3:1949; A 1955, 732]—(NRS A 1965, 1452; 2007, 3170; 2011, 3199)—(Substituted
in revision for NRS 218.340)
NRS 218D.635 Transmittal of passed legislative measure to State Printer;
meaning and interpretation of new and omitted matter in enrolled legislative
measure; comparison of enrolled copy with official engrossed copy; presentation
to officers for signatures.
1. The Legislative Counsel shall transmit
a copy of each passed bill and resolution, in the order of its receipt, to the
State Printer and take a receipt therefor. The receipt must bear the date of
delivery and give the bill or resolution number.
2. The State Printer shall print each bill
and resolution, in the order of its receipt, in enrolled form, retaining the
symbols indicating the amendments to existing law.
3. In printing an enrolled bill which
amends existing law, the State Printer, in cooperation with the Legislative
Counsel, shall cause to be printed:
(a) Between brackets and in strike out type the
words, phrases or provisions of the existing law, if any, which have been
stricken out or eliminated by the passage of the bill; and
(b) In italics all new words, phrases or
provisions, if any, which have been inserted into or added to the existing law
by the passage of the bill.
4. In ascertaining the correct reading, status
and interpretation of an enrolled bill which amends existing law:
(a) The matter printed between brackets and in
strike out type must be omitted; and
(b) The matter printed in italics must be read
and interpreted as part of the enrolled bill.
5. The Legislative Counsel shall carefully
compare the enrolled copy with the official engrossed copy, and if the enrolled
copy is found to be correct, the Legislative Counsel shall present it to the
proper officers for their signatures. When the officers sign their names on the
enrolled copy, as required by law, it is enrolled. The official engrossed copy
may by resolution be used as the enrolled bill.
[8:3:1949; A 1955, 732]—(NRS A 1965, 1452; 1969,
1520; 1973, 1458; 1985,
460; 1993,
1534; 1997,
13; 2005, 3;
2011, 3199)—(Substituted
in revision for NRS 218.350)
NRS 218D.640 Signatures required on enrolled bills and joint resolutions. Each bill and joint resolution passed by both
Houses must be signed after enrollment by the respective presiding officers of
each House and by the Secretary of the Senate and Chief Clerk of the Assembly,
or an authorized assistant.
[9:3:1949; 1943 NCL § 7298.09]—(NRS A 2011, 3200)—(Substituted
in revision for NRS 218.360)
Delivery of Bills to Executive Department
NRS 218D.655 Delivery of official engrossed bill to Secretary of State. The official engrossed bill must be delivered
by the Legislative Counsel, or by such person as the Legislative Counsel
designates in writing, to the Secretary of State.
[10:3:1949; A 1955, 732]—(NRS A 1965, 1453; 2011, 3200)—(Substituted
in revision for NRS 218.370)
NRS 218D.660 Delivery of enrolled bill to Governor for action.
1. An enrolled bill must be delivered by
the Legislative Counsel, or by such person as the Legislative Counsel
designates in writing, to the Governor for action.
2. The Governor shall authorize one or
more members of the Governor’s staff to receive and give a receipt for an
enrolled bill in the Governor’s name. During a regular or special session, at
least one such member of the Governor’s staff must be available in Carson City
to receive enrolled bills:
(a) During all hours that state offices are
regularly open for the transaction of business pursuant to NRS 281.110; and
(b) During other hours if the Legislative
Counsel, or such person as the Legislative Counsel designates in writing,
provides reasonable notice, orally or in writing, to the Governor or a member
of the Governor’s staff that an enrolled bill will be delivered at a time when
state offices are not regularly open for the transaction of business.
[Part 11:3:1949; A 1955, 732]—(NRS A 1965, 1453;
1969, 31; 1999,
2197; 2011,
3200)—(Substituted in revision for NRS 218.380)
Approval, Inaction or Veto by Governor
NRS 218D.675 Procedure upon delivery to Governor; computation of time for
action; approval by Governor; delivery of bill to Secretary of State if
approved.
1. As soon as an enrolled bill is
delivered to the Governor for action, the Governor or an authorized member of
the Governor’s staff shall:
(a) Endorse by stamp, on the back of the enrolled
bill, over the Governor’s signature, from whom and which House the bill was
received, the date and hour of receipt and the number of pages comprising the
bill; and
(b) Compute and note thereon the time limit for
action by the Governor, excluding the day of receipt and Sundays, which must
not exceed the constitutional limit for such action.
2. To approve the bill, the Governor must
sign the bill, within the constitutional limit for such action, following the
signatures of the officials of both Houses as follows:
State of Nevada
Executive Department
Approved
.....a.m.....p.m.
........(month)........(day)........(year)
.........................(Governor)
3. Immediately after such approval, the
Governor shall direct a member of the Governor’s staff to deliver the bill to
the Secretary of State, who shall:
(a) Endorse on the back of the bill, following
the endorsement made on the bill pursuant to subsection 1:
Received and filed.
.....(hour)
........(month)........(day)........(year)
...................(Secretary
of State)
(b) Give a receipt for the bill in the manner
required by NRS 218D.700.
[13:3:1949; 1943 NCL § 7298.13]—(NRS A 1969, 32; 1999, 2198; 2011, 3200)—(Substituted
in revision for NRS 218.400)
NRS 218D.680 Delivery of bill to Secretary of State if bill becomes law
without Governor’s signature or if veto overridden.
1. If a bill becomes a law without the
Governor’s signature pursuant to Section
35 of Article 4 of the Nevada Constitution, the Governor shall direct a
member of the Governor’s staff to deliver the bill to the Secretary of State,
who shall:
(a) Endorse the bill in the manner required by NRS 218D.675; and
(b) Give a receipt for the bill in the manner
required by NRS 218D.700.
2. If a bill becomes a law notwithstanding
the objections of the Governor pursuant to Section 35 of Article 4 of the
Nevada Constitution, the Legislative Counsel, or such person as the Legislative
Counsel designates in writing, shall deliver the bill to the Secretary of
State, who shall:
(a) Endorse the bill in the manner required by NRS 218D.675; and
(b) Give a receipt for the bill with the
information required by NRS 218D.700.
[15:3:1949; A 1955, 732]—(NRS A 1965, 1453; 1999, 2199; 2011, 3201)—(Substituted
in revision for NRS 218.420)
Other Duties of Executive Department
NRS 218D.700 Secretary of State must provide receipt for bills received from
Governor; retention by Governor.
1. The Secretary of State, or such deputy
or clerk as the Secretary of State designates in writing, shall give a receipt
to the Governor for all bills received.
2. The receipt must include the number of
the bill, the House wherein the bill originated, the number of pages contained
in the bill and the hour and date the bill was received.
3. The receipt must be retained in the
Governor’s Office for at least 6 years.
[14:3:1949; 1943 NCL § 7298.14]—(NRS A 1999, 2199; 2011, 3201)—(Substituted
in revision for NRS 218.410)
NRS 218D.705 Secretary of State must bind and index bills enacted into law
and other legislative measures; payment of expenses.
1. The Secretary of State shall, after the
final adjournment of each regular and special session, cause all bills
deposited with the Secretary of State which have become laws and all joint
resolutions, concurrent resolutions and memorials to be bound in a substantial
and suitable book or books, together with an index of all such legislative
measures.
2. The expenses incurred in such work must
be paid by the State in the manner directed by the State Board of Examiners.
[2:45:1871; B § 2803; BH § 1929; C § 1944; RL § 4264;
NCL § 7425] + [3:45:1871; B § 2804; BH § 1930; C § 1945; RL § 4265; NCL § 7426]
+ [19:3:1949; 1943 NCL § 7298.19]—(NRS A 1987, 1113; 1999, 2199; 2011, 3202)—(Substituted
in revision for NRS 218.440)
Correction of Typographical and Clerical Errors in
Enrolled Bills
NRS 218D.720 Correction by Legislative Commission after adjournment of
Legislature.
1. The Legislative Commission is
authorized to correct typographical and clerical errors in the style and manner
of printing contained in enrolled bills after the bills are signed by the
Governor or otherwise become a law and after the Legislature has adjourned.
2. The Legislative Commission may make the
decision to correct typographical and clerical errors only upon a unanimous
vote of all members present at the meeting, but no such decision shall be made
at any meeting attended by less than seven members.
3. The Legislative Commission may be
called into session for this purpose by the Chair at the request of the
Governor, or by the Chair in the Chair’s discretion, or by a majority vote of
the entire membership of the Legislative Commission.
4. All members of the Senate and the
Assembly must be given written notice of all such meetings of the Legislative
Commission at least 10 days prior to a meeting. The notice must contain a
description of the typographical and clerical errors proposed to be corrected.
(Added to NRS by 1957, 305; A 2011, 3202)—(Substituted
in revision for NRS 218.445)
CONSTITUTIONAL AMENDMENTS AND OTHER STATEWIDE BALLOT
MEASURES
NRS 218D.800 Delivery to Secretary of State of enrolled joint resolution
proposing constitutional amendment; return to Legislature; placement on ballot
after second passage; notations in history of resolution; publication in
Statutes of Nevada.
1. After its first approval by the
Legislature, an enrolled joint resolution proposing an amendment to the
Constitution of the State of Nevada must be delivered with the official
engrossed copy to the Secretary of State or such deputy or clerk as the
Secretary of State designates in writing.
2. The Secretary of State shall cause the
enrolled joint resolution and engrossed copy to be filed in the Secretary of
State’s office and shall deliver them to the presiding officer of the House in
which the proposed amendment originated at the next regular session of the
Legislature unless, before that regular session, the Governor or the members of
the Legislature make the proposed amendment a matter of legislative business at
a special session.
3. After they have been returned by the
Secretary of State, the enrolled joint resolution and engrossed copy must be
laid before the House of origin for action, and if approved by the Legislature
a second time pursuant to Section 1
of Article 16 of the Nevada Constitution, the enrolled joint resolution and
engrossed copy must again be deposited with and filed by the Secretary of State
so that the proposed amendment may be placed upon the ballot at the next
general election or at a special election authorized by the Legislature for
that purpose.
4. The history of the joint resolution,
including a notation that it has been returned to the House of origin by the
Secretary of State, must be noted on both the enrolled copy and engrossed copy.
5. The enrolled copy must bear the
original signatures of the presiding officers of the Houses and the Secretary
of the Senate and Chief Clerk of the Assembly, or an authorized assistant, for
both sessions of the Legislature at which the proposed amendment to the
Constitution was considered.
6. The Secretary of State shall cause all
proposed amendments to the Constitution to be published in the printed volume
of the statutes for each session at which the proposed amendments have been
considered by the Legislature.
[Part 11:3:1949; A 1955, 732] + [12:3:1949; 1943 NCL
§ 7298.12]—(NRS A 1989,
24; 1993,
1034; 1999,
2197; 2011,
3202; 2013,
3738)—(Substituted in revision for NRS 218.390)
NRS 218D.805 Procedure for revising enrolled joint resolution proposing
constitutional amendment before second passage to account for intervening
amendments ratified by voters.
1. The Legislature finds and declares that
the provisions of Section 1 of
Article 16 of the Constitution of the State of Nevada require for the
amendment of the Constitution that:
(a) Two successive Legislatures respectively
propose and approve the identical change; and
(b) The people ratify by majority vote the change
so proposed and approved.
2. If an enrolled joint resolution
proposing an amendment to the Constitution which is returned by the Secretary
of State to the next ensuing session of the Legislature contains one or more
sections of the Constitution to which an amendment has been ratified since the
proposal of the amendment to be considered, the Legislature shall, if it
approves the proposed amendment:
(a) Conform the text of each section of the
Constitution so affected to include the amendment so ratified; and
(b) Make no substantive change in the amendment
proposed and approved.
3. The Legislative Counsel shall prepare
any amendment or amendments to the text of an enrolled joint resolution
required by this section, and submit them to the proper House at the time such
enrolled joint resolution is delivered by the Secretary of State.
4. The joint resolution shall be submitted
to the people for ratification in its amended form, so that the people may know
in voting upon it:
(a) The text of each affected section of the
Constitution as presently effective; and
(b) The change proposed and approved by the
successive Legislatures.
(Added to NRS by 1969, 508)—(Substituted in revision
for NRS 218.395)
NRS 218D.810 Preparation and distribution of ballot materials.
1. As used in this section, “first
committee of reference” means the committee to which a bill or joint resolution
was first referred in the House in which it was introduced.
2. Upon request from the first committee
of reference, the Legal, Research and Fiscal Analysis Divisions shall prepare,
for any proposed constitutional amendment or statewide measure which, if
approved by the Legislature, would be submitted to a vote of the people:
(a) A condensation of the proposal into a
question to be placed on the ballot;
(b) An explanation of the proposal, including
arguments for and against the proposal;
(c) If the Legislature rejects a statewide
measure proposed by initiative, proposes a different measure on the same
subject which the Governor approves and includes the measure on the ballot with
the statewide measure proposed by initiative, rebuttals to each argument for
and against the proposal; and
(d) A fiscal note for the proposal, including an
explanation of any anticipated financial effects on state and local
governments.
3. The condensation, explanation,
arguments, rebuttals and fiscal note must be of reasonable length and written
in easily understood language. The explanation must include a digest. The
digest must include a concise and clear summary of any existing laws directly
relating to the constitutional amendment or statewide measure and a summary of
how the constitutional amendment or statewide measure adds to, changes or
repeals such existing laws. For a constitutional amendment or statewide measure
that creates, generates, increases or decreases any public revenue in any form,
the first paragraph of the digest must include a statement that the
constitutional amendment or statewide measure creates, generates, increases or
decreases, as applicable, public revenue.
4. After the bill or joint resolution has
been approved by both Houses, the first committee of reference shall request
the preparation of the condensation, explanation, arguments, rebuttals and
fiscal note, if it has not already done so, and shall review the draft and
approve such changes as it deems necessary.
5. The first committee of reference shall
submit the condensation, explanation, arguments, rebuttals and fiscal note, in
the form of a simple resolution, to the members of the House in which the
proposed constitutional amendment or statewide measure was introduced. After
that resolution is approved, it must be entered in the journal in its entirety
and the enrolled resolution delivered to the Secretary of State to accompany
the bill or joint resolution to which it relates.
6. If the Legislature adjourns before the
procedures set forth in subsections 4 and 5 have been completed, the
Legislative Commission shall review, revise and approve the condensation,
explanation, arguments, rebuttals and fiscal note for delivery to the Secretary
of State on or before July 1 of the year in which the general election is to be
held.
7. In the case of a joint resolution which
proposes a constitutional amendment, the condensation, explanation, arguments,
rebuttals and fiscal note must be treated in the same manner when the proposal
is before the Legislature for its second approval as when the proposal was
first approved.
8. The Legislative Counsel Bureau shall
distribute copies of the condensations, explanations, arguments, rebuttals and
fiscal notes to Legislators, public libraries, newspapers and broadcasters.
(Added to NRS by 1981, 751; A 1997, 3063; 2003, 1697; 2011, 3203;
2013, 655)—(Substituted
in revision for NRS 218.443)
PRINTING AND DISTRIBUTION OF CERTAIN LEGISLATIVE MEASURES
AND PUBLICATIONS
General Provisions
NRS 218D.900 Requests for distribution; payment of costs; exceptions; cost
schedule; money deposited to and paid from Legislative Fund.
1. All requests for mailing or
distribution of legislative measures or publications must be filed with the
Director.
2. Except as otherwise provided in NRS 218D.900 to 218D.915,
inclusive, no legislative measure or publication may be distributed without
payment of a sum fixed by the Director.
3. Any person, office or organization,
except for those for which provision is otherwise made in NRS 218D.900 to 218D.915,
inclusive, may receive upon request free of charge in any 1 calendar year a
maximum of two copies of each individual bill or resolution specified by bill
or resolution number or of each daily history, daily journal or index.
4. The Director shall:
(a) Fix the cost of such legislative measures and
publications, including postage.
(b) Remit any money received by the Director for
such legislative measures and publications to the Legislative Counsel Bureau
for deposit in the Legislative Fund.
(c) Before each regular or special session,
reanalyze the cost of such legislative measures and publications, including
postage, and establish a cost schedule that, as nearly as practicable, reflects
the estimated cost to be incurred during the regular or special session.
5. The costs of such distributions,
including postage, must be paid from the Legislative Fund.
[1:8:1947; 1943 NCL § 7487.05]—(NRS A 1963, 15; 1969,
1423, 1521; 1973, 613, 1478; 1975, 1392; 1983, 3; 1985, 461; 1989, 589; 1993, 1535; 1997, 14; 2005, 1080; 2011, 3204)—(Substituted
in revision for NRS 218.460)
NRS 218D.905 Distribution to Legislators, legislative officers and
Legislative Counsel Bureau. There
is no limit upon the number of legislative measures or publications that may be
distributed free of charge to:
1. Legislators, except as may be otherwise
provided by a joint rule or by a rule of either House for its members.
2. The Secretary of the Senate and the
Chief Clerk of the Assembly for the proper functioning of their respective
Houses.
3. The Legislative Counsel Bureau.
(Added to NRS by 1983, 2; A 2011, 3204)—(Substituted
in revision for NRS 218.462)
NRS 218D.910 Distribution to certain judicial officers, court administrators,
clerks and district attorneys.
1. The following persons are entitled to
receive free of charge in any 1 calendar year any bill, resolution, daily
history, daily journal or index, in the number of copies shown, upon
verification of their wishes to receive the legislative measure or publication:
(a) Justices and the Clerk of the Supreme Court,
one copy;
(b) Judges of the Court of Appeals, one copy;
(c) County clerks and district attorneys, one
copy;
(d) A judge and clerk of a district court in a
judicial district having one judge, one copy; and
(e) The judges and the administrator or clerk of
a district court in a judicial district having more than one judge, two copies.
2. Upon approval of the committee of the
Senate or the Assembly which has jurisdiction of issues relating to legislative
functions, additional copies must be provided to these persons without charge,
except for the cost of handling and postage as determined by the Director.
(Added to NRS by 1983, 2; A 1999, 2200; 2011, 3204;
2013, 1767)—(Substituted
in revision for NRS 218.464)
NRS 218D.915 Distribution to certain state and local officers, justices of
the peace, libraries and members of the press.
1. The following persons, offices or
organizations, upon request, are entitled to receive free of charge in any 1
calendar year one copy of any bill, resolution, daily history, daily journal or
index:
(a) Elected state officers.
(b) Offices of all state departments and
agencies.
(c) County clerks, sheriffs, treasurers,
assessors, recorders and auditors.
(d) Offices of other county officials.
(e) Municipal officers.
(f) Districts and other governmental agencies.
(g) Justices of the peace.
(h) The Division of State Library and Archives of
the Department of Administration.
(i) County and city libraries and libraries of
the Nevada System of Higher Education.
(j) Accredited members of the press.
2. Upon approval of the committee of the
Senate or the Assembly which has jurisdiction of issues relating to legislative
functions, additional copies must be provided to these persons, offices or
organizations without charge, except for the cost of any handling and postage
as determined by the Director.
3. Township, school and municipal
officials may have distributed, free of charge, the number of copies of any
legislative measure or publication that is approved by the committee of the
Senate or the Assembly which has jurisdiction of issues relating to legislative
functions.
(Added to NRS by 1983, 3; A 1985, 125; 1993, 366; 1999, 2200; 2011, 3205)—(Substituted
in revision for NRS 218.466)
Journals and Histories
NRS 218D.930 Daily journals of legislative proceedings: Printing; contents;
form; number of copies; authentication; binding.
1. During each regular and special
session, the State Printer shall print daily in separate book form a sufficient
number of copies of the journal of the previous day’s proceedings of each House
to supply the members and officers of both Houses. The Secretary of the Senate
and the Chief Clerk of the Assembly shall determine the number of copies
necessary for their respective Houses.
2. One copy of the daily journal of each
House, upon its approval by the House, must be authenticated as so approved by
the presiding officer and the Secretary or Chief Clerk. Upon final adjournment
of the Legislature, the authenticated copies of the daily journal of each House
for the entire regular or special session must be properly bound in separate
volumes and deposited in the Office of the Secretary of State as the official
journals of both Houses.
[Part 19:129:1879; added 1881, 146; A 1947, 2; 1943
NCL § 7482]—(NRS A 1969, 1522; 1973, 1459; 1985, 462; 1993, 1535; 1997, 15; 2011, 3205)—(Substituted
in revision for NRS 218.470)
NRS 218D.935 Bound journals of legislative proceedings: Printing; indexes;
delivery; free copies to Legislators.
1. At the end of each regular or special
session, the journals must be printed, indexed and bound in book form in the
same style as those of the 1927 Session of the Legislature. The journal of each
House must be bound separately.
2. The Secretary of the Senate and the
Chief Clerk of the Assembly shall direct the compilation of the journal indexes
for their respective Houses and shall deliver the completed journal indexes to
the State Printer.
3. The bound volumes must be delivered to
the Legislative Counsel Bureau and constitute the journals of the Senate and
the Assembly.
4. Each Legislator who served during the
regular or special session for which such journals are the record is entitled
to one copy of the Senate Journal and one copy of the Assembly Journal.
[15:129:1879; added 1881, 146; A 1917, 196; 1931,
313; 1931 NCL § 7479] + [Part 17:129:1879; added 1881, 146; BH § 1876; C §
1510; RL § 4336; NCL § 7480] + [Part 19:129:1879; added 1881, 146; A 1947, 2;
1943 NCL § 7482]—(NRS A 1957, 27; 1963, 1029; 1965, 1453; 1969, 1522; 1973,
1408, 1459; 1975, 1393; 1977, 568; 1993, 2778; 2003, 2091; 2011, 3206)—(Substituted
in revision for NRS 218.480)
NRS 218D.940 Daily history of legislative measures: Printing; contents; form;
number of copies; authentication; binding.
1. Each House shall cause to be printed
once every legislative day during a regular or special session a complete
history of all bills and resolutions originating in or acted upon by the
respective Houses. The history must show the action taken upon each legislative
measure up to and including the legislative day preceding its issuance.
2. A daily file of bills ready for
consideration must be printed each legislative day for each House, along with
the daily history.
3. The Secretary of the Senate and the
Chief Clerk of the Assembly shall determine the form and the number of copies
for their respective Houses.
4. Upon final adjournment of the
Legislature, one of the final copies of the daily history of bills for each
House must be authenticated by the presiding officer and Secretary or Chief
Clerk, and the final copies must be properly bound in separate volumes and
deposited in the Office of the Secretary of State as the official histories of
bills of both Houses.
[17:3:1949; 1943 NCL § 7298.17] + [18:3:1949; 1943
NCL § 7298.18]—(NRS A 2011, 3206)—(Substituted
in revision for NRS 218.490)
Statutes of Nevada
NRS 218D.955 Compilation; advance sheets; statutory tables and indexes;
printing and distribution.
1. The Secretary of State shall, within 3
days after receiving them, furnish to the State Printer a copy of all acts,
resolutions and memorials passed at each regular or special session.
2. The Director shall:
(a) Distribute one copy of each act as printed to
each county clerk, district judge, district attorney and justice of the peace
in the State.
(b) Immediately upon the adjournment of the
regular or special session, collect and have printed and bound advance sheets
of all acts, resolutions and memorials passed at the regular or special
session.
(c) Distribute one copy of the advance sheets,
without charge, to each justice of the Supreme Court, to each judge of the
Court of Appeals, the Attorney General, the State Public Defender, and to each
county clerk, district judge, district attorney, county public defender,
justice of the peace, city attorney and municipal judge in the State, deliver
to the Supreme Court Law Library a number of copies appropriate to secure the
exchange of similar publications from other states, and establish the price at
which the advance sheets must be sold to other persons.
3. The Legislative Counsel shall,
immediately upon the adjournment of the regular or special session, prepare
statutory tables and an index of all acts, resolutions and memorials passed at
the regular or special session.
4. The State Printer, upon receipt of the
statutory tables and index, shall prepare bound volumes of the Statutes of
Nevada as provided in NRS 218D.960.
[18:129:1879; added 1881, 146; A 1889, 80; 1891, 16;
1895, 50; 1947, 12; 1949, 1; 1951, 281; 1953, 13]—(NRS A 1963, 1013; 1965, 951,
1454; 1967, 85; 1969, 1522; 1973, 1459; 1975, 1393; 1977, 168, 328; 1983, 902; 1985, 462; 1993, 1536; 1997, 15; 1999, 2200; 2005, 1080; 2011, 3206;
2013, 1767)—(Substituted
in revision for NRS 218.500)
NRS 218D.960 Number of copies; contents.
1. A number of copies of the statutes of
each Legislature, sufficient in the opinion of the Director to meet the
requirements for free distribution and for sale, must be printed and
appropriately bound.
2. The bound volumes must contain:
(a) The laws, resolutions and memorials passed
and adopted at each regular or special session, stating the number of the bill,
resolution or memorial, and the name of the person who introduced it.
(b) The statutory tables and index as prepared by
the Legislative Counsel.
3. The bound volumes containing the
statutes of regular sessions must contain, in addition to the items required by
subsection 2:
(a) The Constitution of the United States.
(b) The Constitution of the State of Nevada.
4. Other than those items specified in
subsections 2 and 3, no other reports, documents or things whatever may be
bound with the Statutes of Nevada.
[Part 14:129:1879; added 1881, 146; A 1893, 31; 1907,
415; 1917, 196; 1921, 193; 1931, 315; 1931 NCL § 7478] + [Part 18:129:1879;
added 1881, 146; A 1889, 80; 1891, 16; 1895, 50; 1947, 12; 1949, 1; 1951, 281;
1953, 13]—(NRS A 1959, 45; 1963, 1013; 1965, 1454; 1975, 1394; 1977, 169, 392; 1987, 384; 2011, 3207)—(Substituted
in revision for NRS 218.510)
NRS 218D.965 Style and form; meaning and interpretation of new and omitted
matter.
1. The Director is authorized to set the
style and form of the printing of the bound volumes of the Statutes of Nevada.
2. In printing the section or part of the
law reenacted in an amendatory law, the Director shall cause to be printed:
(a) Between brackets and in strike out type the
words, phrases or provisions of the existing law, if any, which have been
stricken out or eliminated by the passage of the amendatory law; and
(b) In italics all new words, phrases or
provisions, if any, which have been inserted into or added to the existing law
by the passage of the amendatory law.
3. In ascertaining the correct reading,
status and interpretation of an amendatory law:
(a) The matter printed between brackets and in
strike out type must be omitted; and
(b) The matter printed in italics must be read
and interpreted as part of the amendatory law.
[20:129:1879; added 1881, 146; A 1949, 1; 1951,
281]—(NRS A 1957, 234; 1969, 1523; 1973, 1460; 1975, 1394; 2011, 3207)—(Substituted
in revision for NRS 218.520)
