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2021 Legislative Preview

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2021 Legislative Preview BY SCOTT G. WASSERMAN, ESQ. The 120-day, 81st session of the Nevada Incumbent Senate members must prefile at least eight of the bill drafts they were allowed to request prior to the legislative Legislature began on February 1, 2021. At the session, or withdraw an equal number of BDRs. Newly elected time of writing of this article, 875 bill draft Assembly members must prefile two of the requests they were allotted prior to the legislative session, and each newly elected requests, more commonly known as BDRs in Senator must prefile four of their requests allotted to them prior legislative parlance, had been submitted to the to the legislative session (or withdraw an equal number of BDRs, Legislative Counsel’s office for drafting. respectively). In addition, the governor and constitutional officers (NRS 218D.175), the Supreme Court (NRS 218D. 190), local governments (NRS 218D.205), and city and county associations (NRS 218D.210) are also allotted a number of bill draft requests. These bills (with the exception of bills requested by the governor Legislator’s Bill Draft Requests to implement the budget or relating to collective bargaining) Pursuant to NRS 218D.150, incumbent members of the are also required to be prefiled. As a result of these prefiling Assembly could have submitted up to nine bill draft requests requirements, many bills have already been prefiled as noted by and incumbent members of the Senate could have submitted up an Assembly Bill (AB) or Senate Bill (SB) number included next to 18 bill draft requests on or before December 10, 2020. Newly to the bill draft request number listed in this article. The prefiling elected members of the Assembly were able to submit up to five requirements were enacted in the 2015 legislative session, and bill draft requests, and newly elected members of the Senate ensure a much quicker and busier pace at the beginning of the were able to submit up to 10 bill draft requests. After the session legislative session than sessions past. convenes, each Assembly member will have one additional bill draft request and each Senator will have an additional two bill Committee Bill Draft Requests draft requests. These additional legislator bill draft requests must be submitted on or before the eighth calendar day of the Pursuant to NRS 218D.150(5), committee chairs or designees legislative session (February 8). could also request a limited number of bill drafts prior to the general election last year. One of the first actions to be taken by the Legislature will be the adoption of the Joint Rules of Prefiled Bills the Assembly and Senate, which traditionally provide that in Nevada Lawyer Nevada Nevada law requires that legislators prefile (or be required addition to the bill draft requests already submitted, an allotment • to withdraw) some of their bill draft requests prior to the start of of additional bill draft requests (60 were allowed during the last the legislative session. (NRS 218D.150(2)) Prefiling is a process legislative session) will be allocated to each house for division allowing for the printing of the bill prior to the legislative session among their members and standing committees. A standing beginning. Incumbent Assembly members must prefile at least committee may only request the drafting of a bill or resolution, or four of the bill drafts they were allowed to request prior to the introduce a bill or resolution that is within the jurisdiction of the February 2021 February legislative session, or withdraw an equal number of BDRs. standing committee. 24 Legislative Leadership Bill Draft Requests Terminology in the Bill Draft Requests List Legislative leadership also has an allotment of bill draft A number preceding the dash in the BDR description, for requests. The majority leader of the Senate and the speaker of example 14-374, designates that Title 14 of the Nevada Revised the Assembly may each have requested 15 legislative measures Statutes (Procedure in Criminal Cases) has been identified by the prior to the 2020 general election. (NRS 218D.155) The minority Legislative Counsel’s Office as encompassing the main subject leaders of the Assembly and Senate may each have requested of the bill draft request. The number following the dash is simply 10 legislative measures prior to the 2020 general election. (NRS the number assigned to the BDR, in accordance with the order it 218D.155) The chair of the Legislative Commission and the was added to the BDR list. The letter “C” appearing before a bill chair of the Interim Finance Committee are both allowed 10 draft number denotes the bill draft request is for a joint resolution bill draft requests approved by their committees prior to the amending the Nevada Constitution. “AJR” or “SJR” denotes that legislative session. (NRS 218D.160) Traditionally, pursuant the BDR when introduced will be in the form of an Assembly or to the Joint Rules for the Senate and Assembly adopted by the Senate Joint Resolution. Legislature at the beginning of each legislative session, the As noted above, some BDRs have already been prefiled as majority leader of the Senate and the speaker of the Assembly legislative bills. In that instance, the house of introduction (“AB” during the legislative session may each submit to the legislative for Assembly Bill or “SB” for Senate Bill) and bill number for counsel, on his or her own behalf or on the behalf of another the measure follows the BDR number. In such cases, the prefiled legislator or a standing committee of the Senate or Assembly, bill is now available on line for your immediate review at: https:// additional emergency requests for the drafting of a bill or www.leg.state.nv.us/App/NELIS/REL/81st2021/Bills/List resolution – last session this limit was capped at 10 such The list of bill draft requests sets forth the general subject additional requests. Similarly, the minority leader of the of each bill draft request and the requester’s name. The Senate and the minority leader of the Assembly subject matter is often very vague. For example, were each authorized to submit during the there are bill draft requests relating to criminal legislative session, not more than three law and criminal procedures that are additional emergency requests for the vaguely and broadly described as “revises drafting of a bill or resolution. provisions relating to crimes,” “revises provisions regarding criminal law,” “makes various changes related to Bill Drafts Requested criminal law and criminal procedure” by Legislators and “revises provisions relating to No Longer Serving criminal justice.” To learn more Some bill drafts were details regarding the specific requested by legislators who contents of such a bill draft request are no longer serving in the before it is prefiled or introduced Legislature. In such cases, the as an Assembly or Senate bill, an original requestor may authorize a attorney or any other member of the legislator who will be serving during public may contact the requester of the legislative session to become the bill. To track a BDR electronically the primary sponsor of the legislative and to be notified when it is prefiled measure (individually or as a chair of a or introduced as a bill, see the paragraph committee). If the serving legislator agrees detailing the legislature’s personalized to become the primary sponsor, that legislative legislative tracking system. measure is then counted as a request of the serving legislator or of the serving legislator’s committee. (NRS 218D.130) Legislator Contact Information For additional information on bills requested by legislators, Personalized Legislative Tracking the contact information of the members of the 2021 Legislature can be found on page 34 of this issue. 3 Once you have identified BDRs that may be of interest to More detailed contact information for members of the your practice, you can track your legislation using the Nevada Assembly can be found on the legislative website at: Electronic Legislative Information System (NELIS) on the https://www.leg.state.nv.us/App/Legislator/A/Assembly/ legislative website, without charge at: and for members of the Senate on the legislative website at: https://www.leg.state.nv.us/App/NELIS/REL/81st2021/Bdrs/List https://www.leg.state.nv.us/App/Legislator/A/Senate/ A personalized bill tracking device is also available free of Nevada Lawyer Lawyer Nevada charge for a maximum of 10 BDRs or bills at: The chair of the committee can be contacted for additional https://www.leg.state.nv.us/App/NELIS/REL/81st2021/Plt information regarding bills requested by a legislative committee. • A list of the chairs of each assembly and senate committee, and While the same information is available on the legislative all of the committee agendas, public notices, minutes and exhibits website, the personalized legislative tracking device can be accessed on the legislative website at: https://www.leg. automatically tracks bills. A charge is imposed for tracking more state.nv.us/App/NELIS/REL/81st2021/Committees/List than 10 BDRs or bills on the personalized bill tracking device. CONTINUED ON PAGE 27 2021 February 25 LEGISLATIVE 2021 PREVIEW De Castroverde Law Group is proud to bring you a team with unparalleled knowledge CONTINUED FROM PAGE 25 and invaluable experience. From misdemeanors to felonies, in front of juries and Bill Draft Requests Submitted Nevada Supreme Court justices. With a strong prosecutorial foundation. A commitment for the 2021 Legislative Session to advocacy. And the dedication to protecting your rights. The following is an excerpt from the BDR list of bill draft requests that will be of general interest to the members of the State Bar of Nevada. The complete BDR list containing every bill draft request submitted to date can be accessed on the legislative website at: https://www.leg.state.nv.us/App/NELIS/REL/81st2021/Bdrs/List Civil Actions 10-318 (SB72) Real Estate Division 28-525 Senator Goicoechea – Revises of the Department of Business and provisions relating to bidding for 6-388 (AB11) Nevada Supreme Court – Industry – Revises provisions relating to public works.
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