SB109 - Revises provisions governing legislative measures that are authorized to be requested for a regular legislative session. (BDR 17-27)

S.B. 109 - *SB109* SENATE BILL NO. 109–SENATOR TITUS PREFILED JANUARY 23, 2025 ____________ Referred to Committee on Legislative Operations and Elections SUMMARY—Revises provisions governing legislative measures that are authorized to be requested for a regular legislative session. (BDR 17-27) FISCAL NOTE: Effect on Local Government: No. Effect on the State: No. ~ EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted. AN ACT relating to the Legislature; reducing, with certain exceptions, the number of legislative measures that are authorized to be requested or required to be prefiled for a regular legislative session; codifying into statute, with certain exceptions, certain provisions of the Joint Standing Rules of the Senate and Assembly that authorize requests for legislative measures; eliminating the authority of a caucus leader to allocate the legislative measures requested by a Legislator whose office becomes vacant during a certain period; and providing other matters properly relating thereto. Legislative Counsel’s Digest: Under existing law, committees, Legislators and other persons and entities are 1 authorized to request the drafting of legislative measures for consideration during a 2 regular legislative session. Existing law also establishes: (1) the maximum number 3 of measures that those persons and entities are authorized to request; and (2) the 4 minimum number of legislative measures that Legislators are required to prefile. 5 (NRS 218D.150-218D.220, 219A.220) Sections 1-8 of this bill reduce the 6 maximum number of requests for the drafting of legislative measures that are 7 authorized to be made by requesters, unless the maximum number of requests 8 authorized in existing law is 2 or less. Sections 1 and 2 clarify that the requests are 9 required to be submitted to the Legislative Counsel. Section 1 also reduces the 10 number of legislative measures that are required to be prefiled by Legislators, 11 unless the minimum number of requests required to be prefiled in existing law is 2 12 or less. 13 In addition to the requests currently authorized in the Nevada Revised Statutes, 14 existing joint standing rules authorize each House, from the first day of a regular 15 session until 5 p.m. on the 15th calendar day of the regular session, to submit a 16 – 2 – - *SB109* maximum of 60 requests for the drafting of a bill or joint resolution. The Majority 17 Leader of the Senate and the Speaker of the Assembly are required to allocate all, 18 some or none of these authorized requests and provide the Legislative Counsel with 19 a written list of the number of requests that are authorized to be submitted by each 20 member and standing committee of their respective Houses, and by the Majority 21 Leader and Speaker. (Joint Standing Rule No. 14 of the Joint Standing Rules of the 22 Senate and Assembly for the 83rd Legislative Session) Section 1 codifies these 23 provisions into statute, but reduces from 60 to 40, for each House, the maximum 24 number of such requests that are authorized to be submitted. 25 Existing joint standing rules provide that, after a legislative session has 26 convened, the Majority Leader of the Senate and the Speaker of the Assembly are 27 authorized to each submit, on his or her own behalf or on the behalf of another 28 Legislator or standing committee of the Senate or Assembly, respectively, a 29 maximum of 10 requests for the drafting of a bill or resolution, which are required 30 to be designated as emergency measures. (Joint Standing Rule No. 14.4 of the Joint 31 Standing Rules of the Senate and Assembly for the 83rd Legislative Session) 32 Section 2 codifies into statute: (1) this authority to submit requests, but reduces the 33 maximum number of such requests that the Majority Leader and Speaker are each 34 authorized to submit from 10 to 7; and (2) the requirement that those measures be 35 designated as emergency measures. 36 Existing joint standing rules provide that, after a legislative session has 37 convened, the Minority Leader of the Senate and the Minority Leader of the 38 Assembly are authorized to each submit, on his or her own behalf or on the behalf 39 of another Legislator or standing committee of the Senate or Assembly, 40 respectively, a maximum of 3 requests for the drafting of a bill or resolution, which 41 are required to be designated as emergency measures. (Joint Standing Rule No. 42 14.4 of the Joint Standing Rules of the Senate and Assembly for the 83rd 43 Legislative Session) Section 2 codifies into statute: (1) this authority to submit 44 requests, but reduces the maximum number of such requests that each Minority 45 Leader is authorized to submit from 3 to 2; and (2) the requirement that those 46 measures be designated as emergency measures. 47 If a vacancy occurs in the office of a Legislator after the general election and 48 before the regular session of the Legislature is convened, existing law authorizes 49 the caucus leader of the house and party of which the Legislator was a member to 50 allocate all, some or none of the requests for the drafting of legislative measures 51 requested or available to be requested by the Legislator. (NRS 218D.152) Section 9 52 of this bill repeals this authority. 53 THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS: Section 1. NRS 218D.150 is hereby amended to read as 1 follows: 2 218D.150 1. Except as otherwise provided in this section, 3 each: 4 (a) Incumbent member of the Assembly may request the 5 drafting of: 6 (1) Not more than [4] 3 legislative measures submitted to the 7 Legislative Counsel on or before August 1 preceding a regular 8 session; 9 – 3 – - *SB109* (2) Not more than [5] 4 legislative measures submitted to the 1 Legislative Counsel after August 1 but on or before December 10 2 preceding a regular session; and 3 (3) Not more than 1 legislative measure submitted to the 4 Legislative Counsel after a regular session has convened but on or 5 before the eighth calendar day of the regular session at 5 p.m. 6 (b) Incumbent member of the Senate may request the drafting 7 of: 8 (1) Not more than [8] 6 legislative measures submitted to the 9 Legislative Counsel on or before August 1 preceding a regular 10 session; 11 (2) Not more than [10] 7 legislative measures submitted to 12 the Legislative Counsel after August 1 but on or before December 13 10 preceding a regular session; and 14 (3) Not more than 2 legislative measures submitted to the 15 Legislative Counsel after a regular session has convened but on or 16 before the eighth calendar day of the regular session at 5 p.m. 17 (c) Newly elected member of the Assembly may request the 18 drafting of: 19 (1) Not more than [5] 4 legislative measures submitted to the 20 Legislative Counsel on or before December 10 preceding a regular 21 session; and 22 (2) Not more than 1 legislative measure submitted to the 23 Legislative Counsel after a regular session has convened but on or 24 before the eighth calendar day of the regular session at 5 p.m. 25 (d) Newly elected member of the Senate may request the 26 drafting of: 27 (1) Not more than [10] 7 legislative measures submitted to 28 the Legislative Counsel on or before December 10 preceding a 29 regular session; and 30 (2) Not more than 2 legislative measures submitted to the 31 Legislative Counsel after a regular session has convened but on or 32 before the eighth calendar day of the regular session at 5 p.m. 33 2. Except as otherwise provided in this subsection, on or before 34 the first calendar day of a regular session, each: 35 (a) Incumbent member of the Assembly must: 36 (1) Prefile at least [4] 3 of the legislative measures that he or 37 she requested pursuant to subparagraphs (1) and (2) of paragraph (a) 38 of subsection 1; or 39 (2) Inform the Legislative Counsel of which [4] 3 legislative 40 measures that he or she requested pursuant to subparagraphs (1) and 41 (2) of paragraph (a) of subsection 1 that he or she withdraws. 42  If an incumbent member of the Assembly does not request the 43 maximum number of legislative measures authorized by 44 subparagraphs (1) and (2) of paragraph (a) of subsection 1, the 45 – 4 – - *SB109* number of legislative measures that he or she must prefile or 1 withdraw pursuant to this paragraph is reduced by that number of 2 unused requests. 3 (b) Incumbent member of the Senate must: 4 (1) Prefile at least [8] 6 of the legislative measures that he or 5 she requested pursuant to subparagraphs (1) and (2) of paragraph (b) 6 of subsection 1; or 7 (2) Inform the Legislative Counsel of which [8] 6 legislative 8 measures that he or she requested pursuant to subparagraphs (1) and 9 (2) of paragraph (b) of subsection 1 that he or she withdraws. 10  If an incumbent member of the Senate does not request the 11 maximum number of legislative measures authorized by 12 subparagraphs (1) and (2) of paragraph (b) of subsection 1, the 13 number of legislative measures that he or she must prefile or 14 withdraw pursuant to this paragraph is reduced by that number of 15 unused requests. 16 (c) Newly elected member of the Assembly must: 17 (1) Prefile at least 2 of the legislative measures that he or she 18 requested pursuant to subparagraph (1) of paragraph (c) of 19 subsection 1; or 20 (2) Inform the Legislative Counsel of which 2 legislative 21 measures that he or she requested pursuant to subparagraph (1) of 22 paragraph (c) of subsection 1 that he or she withdraws. 23  If a newly elected member of the Assembly does not request the 24 maximum number of legislative measures authorized by 25 subparagraph (1) of paragraph (c) of subsection 1, the number of 26 legislative measures that he or she must prefile or withdraw 27 pursuant to this paragraph is reduced by that number of unused 28 requests. 29 (d) Newly elected member of the Senate must: 30 (1) Prefile at least [4] 3 of the legislative measures that he or 31 she requested pursuant to subparagraph (1) of paragraph (d) of 32 subsection 1; or 33 (2) Inform the Legislative Counsel of which [4] 3 legislative 34 measures that he or she requested pursuant to subparagraph (1) of 35 paragraph (d) of subsection 1 that he or she withdraws. 36  If a newly elected member of the Senate does not request the 37 maximum number of legislative measures authorized by 38 subparagraph (1) of paragraph (d) of subsection 1, the number of 39 legislative measures that he or she must prefile or withdraw 40 pursuant to this paragraph is reduced by that number of unused 41 requests. 42 3. A Legislator may not request the drafting of a legislative 43 measure pursuant to subsection 1 on or after the date on which the 44 Legislator becomes a nonreturning Legislator. For the purposes of 45 – 5 – - *SB109* this subsection, “nonreturning Legislator” means a Legislator who, 1 in the year that the Legislator’s term of office expires: 2 (a) Has not filed a declaration of candidacy within the time 3 allowed for filing for election as a member of the Senate or the 4 Assembly; 5 (b) Has failed to win nomination as a candidate for the Senate or 6 the Assembly at the primary election; or 7 (c) Has withdrawn as a candidate for the Senate or the 8 Assembly. 9 4. A Legislator may not request the drafting of a legislative 10 measure pursuant to paragraph (a) or (b) of subsection 1 on or after 11 the date on which the Legislator files a declaration of candidacy for 12 election to the House in which he or she is not currently a member. 13 If the Legislator is elected to the other House, any request that he or 14 she submitted pursuant to paragraph (a) or (b) of subsection 1 before 15 filing his or her declaration of candidacy for election counts against 16 the applicable limitation set forth in paragraph (c) or (d) of 17 subsection 1 for the House in which the Legislator is a newly 18 elected member. 19 5. In addition to the number of requests authorized pursuant to 20 subsection 1: 21 (a) The chair of each standing committee of the immediately 22 preceding regular session, or a person designated in the place of the 23 chair by the Speaker of the Assembly or the Majority Leader of the 24 Senate, may request , by submission to the Legislative Counsel 25 before the date of the general election preceding a regular session , 26 the drafting of not more than 1 legislative measure for introduction 27 by the committee in a subject within the jurisdiction of the 28 committee for every [18] 24 legislative measures that were referred 29 to the respective standing committee during the immediately 30 preceding regular session. 31 (b) A person designated after the general election as a chair of a 32 standing committee for the next regular session, or a person 33 designated in the place of a chair by the person designated as the 34 Speaker of the Assembly or the Majority Leader of the Senate for 35 the next regular session, may request , by submission to the 36 Legislative Counsel on or before December 10 preceding that 37 regular session , the drafting of the remaining number of the 38 legislative measures allowed for the respective standing committee 39 that were not requested by the previous chair or designee. 40 (c) Each House may request the drafting of not more than 40 41 legislative measures submitted to the Legislative Counsel after a 42 regular session has convened, but not later than 5 p.m. on the 15th 43 calendar day of the regular session. The Majority Leader of the 44 Senate and the Speaker of the Assembly shall, not later than the 45 – 6 – - *SB109* 8th calendar day of each regular session, allocate all, some or 1 none of the 40 requests and provide the Legislative Counsel with a 2 written list of the number of requests that may be submitted by 3 each member and standing committee of their respective Houses, 4 and as Majority Leader or Speaker, within the limit provided by 5 this paragraph. The Majority Leader or Speaker may revise the 6 lists any time before the 15th calendar day of the regular session 7 to reallocate any unused requests or requests which were 8 withdrawn before drafting began on the request. 9 6. Each request made pursuant to this section must be on a 10 form prescribed by the Legislative Counsel. [Text truncated for display. Full text available on LegiScan.]