[Rev. 11/21/2013 10:11:42 AM--2013]

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 [Repealed.]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.

 

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. [Effective through December 31, 2014, and after that date unless the provisions of Senate Joint Resolution No. 14 (2011) are approved and ratified by the voters at the 2014 General Election.]

NRS 218D.910        Distribution to certain judicial officers, court administrators, clerks and district attorneys. [Effective January 1, 2015, if the provisions of Senate Joint Resolution No. 14 (2011) are approved and ratified by the voters at the 2014 General Election.]

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. [Effective through December 31, 2014, and after that date unless the provisions of Senate Joint Resolution No. 14 (2011) are approved and ratified by the voters at the 2014 General Election.]

NRS 218D.955        Compilation; advance sheets; statutory tables and indexes; printing and distribution. [Effective January 1, 2015, if the provisions of Senate Joint Resolution No. 14 (2011) are approved and ratified by the voters at the 2014 General Election.]

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.

Ę 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.

      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)

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,”

Ę 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,”

Ę 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,

Ę 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. [Effective through December 31, 2014, and after that date unless the provisions of Senate Joint Resolution No. 14 (2011) are approved and ratified by the voters at the 2014 General Election.]

      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) County clerks and district attorneys, one copy;

      (c) A judge and clerk of a district court in a judicial district having one judge, one copy; and

      (d) 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)—(Substituted in revision for NRS 218.464)

      NRS 218D.910  Distribution to certain judicial officers, court administrators, clerks and district attorneys. [Effective January 1, 2015, if the provisions of Senate Joint Resolution No. 14 (2011) are approved and ratified by the voters at the 2014 General Election.]

      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, effective January 1, 2015, if the provisions of Senate Joint Resolution No. 14 (2011) are approved and ratified by the voters at the 2014 General Election)—(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. [Effective through December 31, 2014, and after that date unless the provisions of Senate Joint Resolution No. 14 (2011) are approved and ratified by the voters at the 2014 General Election.]

      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, 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)—(Substituted in revision for NRS 218.500)

      NRS 218D.955  Compilation; advance sheets; statutory tables and indexes; printing and distribution. [Effective January 1, 2015, if the provisions of Senate Joint Resolution No. 14 (2011) are approved and ratified by the voters at the 2014 General Election.]

      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, effective January 1, 2015, if the provisions of Senate Joint Resolution No. 14 (2011) are approved and ratified by the voters at the 2014 General Election)—(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)