Assembly Bill No. 99-Committee on Elections, Procedures,
and Ethics
(On Behalf of the Nevada Association of School Boards)
January 29, 1997
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Referred to Committee on Elections, Procedures, and Ethics
SUMMARY--Revises provisions relating to requests for preparation of legislative measures by legislative counsel. (BDR 17-331)
FISCAL NOTE: Effect on Local Government: No.
Effect on the State or on Industrial Insurance: No.
EXPLANATION - Matter in italics is new; matter in brackets [ ] is material to be omitted.
AN ACT relating to legislation; authorizing a board of trustees of a school district to request the preparation of a certain number of legislative measures; authorizing boards of county commissioners of certain counties to request the preparation of an additional number of legislative measures; and providing other matters properly relating thereto.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
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Section 1 NRS 218.241 is hereby amended to read as follows:
218.241 1. Upon request made within the time allowed and within limits established by the legislature by concurrent resolution, the legislative counsel shall advise any agency or officer of the executive branch of the state government, and shall advise any county , school district or city, as to the preparation of measures to be submitted to the legislature.
2. To ensure the greatest possible equity in the handling of requests, drafting must proceed as follows:
(a) Requests for legislative measures from each agency or officer of the executive branch of the state government 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 branch of the state government has requested 10 legislative measures for any session , the legislative counsel may request the agency or officer to designate the priority for each succeeding request.
(c) Within 2 weeks after the commencement of a regular session of the legislature, any county , school district or city which has requested the preparation of more than one legislative measure for that session shall submit to the legislative counsel a list which designates the order of priority for each request.
The priority designated pursuant to this subsection must guide the legislative counsel in acting upon the requests of the respective agencies and officers of the executive branch of the state government 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.
Sec. 2. NRS 218.2413 is hereby amended to read as follows:
218.2413 1. Except as otherwise provided in subsections 3 [and 4,] , 4 and 5, each board of county commissioners , board of trustees of a school district and city council may request the legislative counsel and the legal division of the legislative counsel bureau to prepare any legislative measure which has been approved by the governing body of the county , school district or city at a public hearing before its submission to the legislative counsel bureau.
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 400,000 or more shall not request the preparation of more than [30] 33 legislative measures pursuant to subsection 1 for a regular legislative session. At least three of the measures must be recommended by a metropolitan police department that is located within the county.
(b) Is 100,000 or more but less than 400,000 shall not request the preparation of more than 25 legislative measures pursuant to subsection 1 for a regular legislative session.
(c) Is less than 100,000 shall not request the preparation of more than 5 legislative measures pursuant to subsection 1 for a regular legislative session.
4. The board of trustees of a school district in a county whose population:
(a) Is 400,000 or more shall not request the preparation of more than five legislative measures pursuant to subsection 1 for a regular legislative session.
(b) Is 100,000 or more but less than 400,000 shall not request the preparation of more than three legislative measures pursuant to subsection 1 for a regular legislative session.
(c) Is less than 100,000 shall not request the preparation of more than one legislative measure pursuant to subsection 1 for a regular legislative session.
5. The city council of a city whose population:
(a) Is 100,000 or more shall not request the preparation of more than 10 legislative measures pursuant to subsection 1 for a regular legislative session.
(b) Is less than 100,000 shall not request the preparation of more than 5 legislative measures pursuant to subsection 1 for a regular legislative session.
Sec. 3. NRS 218.245 is hereby amended to read as follows:
218.245 1. Except as otherwise provided in subsections 2 and 5, the legislative counsel and the legal division of the legislative counsel bureau shall not prepare or assist in the preparation of proposed legislation for any agency or officer of the executive branch of the state government or for a county , school district or city before a regular session of the legislature unless the request is approved by the governor or a designated member of his staff, or the governing body of the county , school district or city, and transmitted to the legislative counsel before September 1 preceding the convening of the session.
2. A request for proposed legislation may be submitted to the legislative counsel by the board of regents of the University of Nevada, lieutenant governor, secretary of state, attorney general, state controller or state treasurer without the approval of the governor or a designated member of his staff.
3. After November 1, preceding a legislative session, the legislative counsel and the legal division of the legislative counsel bureau shall give full priority to the preparation of proposed legislation requested by members of the legislature.
4. The legislative counsel and the legal division of the legislative counsel bureau shall not prepare or assist in the preparation of any proposed legislation during any regular session of the legislature except upon the request of a member of the legislature or the personal written request of the governor.
5. An agency or officer of the executive branch of the state government or a county , school district or city, shall not request a legislator to have legislation drafted on its behalf. The legislative commission, when the legislature is not in session, or a standing committee which has jurisdiction of the subject matter when the legislature is in session, may, if it finds that exceptional circumstances so warrant, authorize the drafting of legislation requested after the time limited by subsection 1.