AB 441 — Revises provisions governing legislators. (BDR 17-922)
Last action — Approved by the Governor. Chapter 391.
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✓Introduced
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✓In Committee
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✓Passed Assembly
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✓Passed Senate
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✓To Executive
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6Enacted
This bill has been enacted into law. Introduced March 29, 2021. Enacted.
Prognosis
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Enacted
Current position in the legislative process.
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1 sponsor
1 primary, 0 co-sponsors signed on.
Based on stage, sponsorship breadth, committee status, recorded votes, and cross-state momentum — a description of the observable signals, not a prediction.
Bill Text
What changed in the latest version
608 added · 653 removed608 line(s) added, 653 removed.
EXEMPTAssembly (ReprintedBill withNo. amendments adopted on May 31, 2021) FIRST REPRINT A.B.
441441–Assemblyman ASSEMBLYFrierson BILLNCHAPTER.......... O.
441–A SSEMBLYMAN F RIERSON M ARCH 29, 2021 ____________ Referred to Committee on Legislative Operations and Elections SUMMARY—Revises provisions governing legislators.
(BDR 17-922) 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.
and providing other matters properly relating thereto.
Existing law authorizes Legislators and the chairs of each standing committee to request the drafting of a certain number of legislative measures by certain deadlines.
(NRS 218D.150, 218D.155, 218D.160) Section 1 of this bill providesprovidesn that if a vacancy occurs in the office of a Legislator after the general election and before the regular session of the Legislature is convened, the caucus leader of the house and party of which the Legislator was a member is authorized to allocate all, some or none of the requests for the drafting of legislative measures requested or available to be requested by the Legislator.
Section 1 also establishes a deadline for the submission of these requests and the details for the drafting of the request to the Legislativelegislative Counsel.measure:
Finally,(1) sectionthat 1is providesallocated thatto a requestmember forof the draftingSenate ofor Assembly is a in addition to the number of requests authorized for that member by statute, jointsjoint rule or rule of either House;
and (2) that is allocated to a standing committee of - *AB441_R1* – 2 – either House must be approved by a majority of all of the members appointed to the committee before the request is submitted to the Legislative Counsel.
Existing law prohibits a member of the Legislature, the Lieutenant Governor, the Lieutenant Governor-Elect, the Governor or the Governor-Elect from soliciting anyor politicalaccepting purpose during a periodmonetary thatcontribution, beginsor a certaincommitment numberfor ofsuch daysa beforercontribution, for the beginning of a regular or special session of the Legislature and ends a certain number of days after the final adjournment of such a session.
(1) authorizes a Legislator who was appointed to fill a vacancy in the office of a Legislator during this period to solicit or accept a monetary contribution during this period from another Legislator or from an organization whose primary purpose is to provide support for Legislators of a particular political party and house;
(2) prohibits such a Legislator from soliciting or accept such monetary contributions in a total amount which exceeds $10,000 for athe regularLegislator sessionis authorized to use such contributions to those travel and $1,200housingich expenses for awhich specialthe session;Legislator receives an allowance under existing law;
(3)and limits(4) therequires expenses for which the Legislator isto authorizedreturn toor usedonate suchfor contributionscertain topurposes thoseany travelcontributions andthat housingremain expensesunspent for whichan theauthorized Legislatorpurpose receivesafter ana allowancecertain underperiod. existing law;
andSection (4)5 requiresof the Legislator to return or donate for certain purposes any contributions this bill authorizes a Legislator to use unspent campaign contributions to make of contributions to another Legislator pursuant to section 2.
Sections 3, 6, 8 and 9 of this- bill81st makeSession conforming(2021) changes– to2 make– unspent contributions received pursuant to section 2 subject to the same reporting requirement as other unspentunspentd pursuant contributions.
THEEXPLANATION PEOPLE– OFMatter THEin STATEbolded OFitalics NEVADA,is REPRESENTEDnew; IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Sectionmatter 1.between brackets [omitted material] is material to be omitted.
THE SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:D IN Section 1.
(c) A member of the Senate from the minority party, the Minority Leader of the Senate may allocate to a member of the Senate from the minority party all, some or none of the requests - *AB441_R1* – 3 – for the drafting of legislative measures requested or available to be requested by the Legislator whose office became vacant.
The Majority Leader of the Senate, Speaker of the Assembly, Minority Leader of the Assembly and Minority Leader of the Senate, respectively, shall, not later than the 8th calendar day of a regular legislative session provide the Legislative Counsel with a written list of the number of requests for the drafting of a legislative measure that may be submitted by each member and standing committee of the respective houses, within the limit - 81st Session (2021) – 3 – provided by subsection 1.
3.legislative measure is submitted to the Legislative Counsel by a of a member of the Senate or Assembly, a standing committee of the Senate or Assembly, the Majority Leader or Minority Leader of the Senate, or the Speaker or Minority Leader of the Assembly on or before the 15th calendar day of the regular legislative session pursuant to this section, the member, chair of the standing committee or his or her designee, Majority Leader or Minority Leader of the Senate, and the Speaker and Minority Leader of the Assembly, as applicable, shall, by the 22nd calendar day of the regular legislative session, provide the Legislative Counsel with information to draft the request which is sufficient in detail to allow for complete drafting of the request.
If, pursuant to this section, a request for the drafting of a legislative measure is submitted to the Legislative Counsel by a member of the Senate or Assembly, a standing committee of the Senate or Assembly, the Majority Leader or Minority Leader of the Senate, or the Speaker or Minority Leader of the Assembly on or before the 15th calendar day of the regular legislative session pursuant to this section, the member, chair of the standing committee or his or her designee, Majority Leader or Minority Leader of the Senate, and the Speaker and Minority Leader of the Assembly, as applicable, shall, by the 22nd calendar day of the regular legislative session, provide the Legislative Counsel with information to draft the request which is sufficient in detail to allow for complete drafting of the request.
Chapter 294A of NRS is hereby amended by adding theretothe1.to Except as otherwise provided in subsection 2, a newLegislator sectionwho was appointed to readfill asa follows:vacancy in the office of a Legislator during a period described in subsection 1 of NRS 294A.300 may, during the period described in subsection 1 of NRS 294A.300 in which the Legislator was appointed, solicit or accept a monetary contribution, or solicit or accept a commitment to make such a contribution, from another Legislator or from an organization whose primary purpose is to provide support for Legislators of a particular party and house.
1.
Except as otherwise provided in subsection 2, a Legislator who was appointed to fill a vacancy in the office of a Legislator during a period described in subsection 1 of NRS 294A.300 may, - *AB441_R1* – 4 – during the period described in subsection 1 of NRS 294A.300 in which the Legislator was appointed, solicit or accept a monetary contribution, or solicit or accept a commitment to make such a contribution, from another Legislator or from an organization whose primary purpose is to provide support for Legislators of a particular party and house.
(b)- Use81st anySession monetary(2021) contribution– solicited4 or– accepted pursuant to subsection 1 to pay any expenses other than expenses described in subsection 3 of NRS 218A.645 which are in excess of the supplemental allowance to which the Legislator is entitled pursuant to that subsection.
Sec.294A.0035 “Campaign expenses” means:ended to read as follows:
3.
NRS 294A.0035 is hereby amended to read as follows:
294A.0035 “Campaign expenses” means:
(j) Contributions made to another candidate, a nonprofit corporation that is registered or required to be registered pursuant to NRS 294A.225, a committee for political action that is registered or required to be registered pursuant to NRS 294A.230 or a committee - *AB441_R1* – 5 – for the recall of a public officer that is registered or required to be registered pursuant to NRS 294A.250;
(Deleted by amendment.) Sec.- 81st Session (2021) – 5 – 294A.160 NRS1.
5.It is unlawful for:ended to read as follows:
Show all 107 changed lines (67 more)
NRS 294A.160 is hereby amended to read as follows:
294A.160 1.
It is unlawful for:
3.candidate for office at a primary election, general election or special election who is elected to that office and received contributions that were not spent or committed for expenditure before the primary election, general election or special election shall dispose of the money through one or any combination of the following methods:
Except as otherwise provided in subsection 5, every candidate for office at a primary election, general election or special election who is elected to that office and received contributions that were not spent or committed for expenditure before the primary election, general election or special election shall dispose of the money through one or any combination of the following methods:
(2) If the candidate was elected to the office of a Legislator, another member of the Legislature who is authorized to solicit or accept contribution(3) pursuantA topolitical sectionparty; 2 of this act;
(3)orsection A2 politicalof party;this act;
or [(3)] (4) Any combination of persons or groups set forth in subparagraphs (1) , [and] (2) [;] and (3);
- *AB441_R1* – 6 – (d) Donate the money to any tax-exempt nonprofit entity;
4.- 81st Session (2021) – 6 – candidate for office at a primary election, general election or special election who withdraws pursuant to NRS 293.202 or 293C.195 after filing a declaration of candidacy, is removed from the ballot by court order or is defeated for or otherwise not elected to that office and who received contributions that were not spent or committed for expenditure before the primary election, general election or special election shall, not later than the 15th day of the second month after the election, dispose of the money through one or any combination of the following methods:
Except as otherwise provided in subsection 5, every candidate for office at a primary election, general election or special election who withdraws pursuant to NRS 293.202 or 293C.195 after filing a declaration of candidacy, is removed from the ballot by court order or is defeated for or otherwise not elected to that office and who received contributions that were not spent or committed for expenditure before the primary election, general election or special election shall, not later than the 15th day of the second month after the election, dispose of the money through one or any combination of the following methods:
(c)(d) Donate the money to any tax-exemptgovernmental nonprofitentity entity;or fund of this State or a political subdivision of this State.
or (d) Donate the money to any governmental entity or fund of this State or a political subdivision of this State.
Every candidate for office who withdraws after filing a declaration of candidacy, is defeated for that office at a primary election or is removed from the ballot by court order before a primary election or general election and who received a contribution from a person in excess of $5,000 shall, not later than the 15th day of the second month after the primary election or general election, ascontributor.e, applicable, return any money in excess of $5,000 to the contributor.7.
7.
- *AB441_R1* – 7 – (a) File a declaration of candidacy;
or (b) Appear on an official ballot at any election, - shall,81st notSession later(2021) than– the7 15th– day of the month after the end of the 4-year period, dispose of all contributions that have not been spentspenthe or committed for expenditure through one or any combination of the methods set forth in subsection 4.
(a) Resigns from his or her office;
and (c) Has contributions that are not spent or committed for expenditure remaining from a previous election,election,committed for may use the unspent contributions in a future election.
Every former public officer described in subsection 10 who qualifies as a candidate by receiving one or more qualifying - *AB441_R1*81st –Session 8(2021) – contributions8 in– excess of $100 but who, within 4 years after the date of receiving the first of those qualifying contributions, does not:
14.imposed pursuant to NRS 294A.420, order the candidate or public officer to dispose of any remaining contributions in the manner provided in this section.
The court shall, in addition to any penalty which may be imposed pursuant to NRS 294A.420, order the candidate or public officer to dispose of any remaining contributions in the manner provided in this section.
(b) “Qualifying contribution” means the receipt of a contribution that causes a person to qualify as a candidate pursuant to subsection 3 of NRS 294A.005.
(a) Each of the campaign expenses in excess of $100 incurred dur(b) Each amount in excess of $100 disposed of pursuant to NRS 294A.160 or subsection 3 of NRS 294A.286 or section 2 of this act during the period;
(b) Each amount in excess of $100 disposed of pursuant to NRS 294A.160 or subsection 3 of NRS 294A.286 or section 2 of this act during the period;
2.- 81st Session (2021) – 9 – every candidate for office at a primary election or general election shall, not later than:
In(a) additionApril to15 of the requirementselection setyear, forthfor inthe subsectionperiod 1,beginning everyJanuary candidate1 forand officeending aton aMarch primary31 electionof orthe general election shall,year; not later than:
- *AB441_R1* – 9 – (a) April 15 of the election year, for the period beginning January 1 and ending on March 31 of the election year;
(a) Four days before the beginning of early voting by personal appearance for the special election, for the period from thethesonal candidate’s nomination through 5 days before the beginning of early voting by personal appearance for the special election;
(a) Four days before the beginning of early voting by personal appearance for the special election, for the period from the date the notice of intent to circulate the petition for recall is filed pursuant to NRS 306.015 through 5 days before the beginning of early voting by personal appearance for the special election;
and (c)- Thirty81st daysSession after(2021) the– special10 election,– for the remaining period through the date of the special election,election,or the remaining report each of the campaign expenses described in subsection 1 incurred during the period.
Except as otherwise provided in subsection 6, if a petition for recall is not submitted to the filing officer before the expiration - *AB441_R1* – 10 – of the notice of intent pursuant to the provisions of chapter 306 of NRS or is otherwise legally insufficient when submitted to the filing officer pursuant to the provisions of that chapter, every candidate for office at a special election to determine whether a public officer will be recalled shall, not later than 30 days after the expiration of the notice of intent, for the period from the filing of the notice of intent through the date that the notice of intent expires or the petition is determined to be legally insufficient, report each of the campaign expenses described in subsection 1 incurred during the period.
(a)of IsNRS;ot not submitted to the filing officer as required by chapter (b) Is submitted to the filing officer without any valid signatures or with fewer than the necessary number of valid signatures required by chapter 306 of NRS;
(b) Is submitted to the filing officer without any valid signatures or with fewer than the necessary number of valid signatures required by chapter 306 of NRS;
(1) Not later than 30 days after the date on which the notice of appeal is filed, for the period from the filing of the notice of intent to circulate the petition for recall through the date on which described in subsection 1 incurred during the period.paign expenses (2) Not later than 30 days after the date on which all appeals regarding the petition are exhausted, for the period from the day after the date on which the notice of appeal is filed,filed through the date on which all appeals regarding the petition are exhausted, report each of the campaign expenses described in subsection 1 incurred during the period.
(2)- Not81st laterSession than(2021) 30– days11 after– the date on which all appeals regarding the petition are exhausted, for theoffice periodat froma thespecial dayelection afterto thedetermine datewhether ona whichpublic theofficer noticewill ofbe appealrecalled isshall: filed through the date on which all appeals regarding the petition are exhausted, report each of the campaign expenses described in subsection 1 incurred during the period.
(b) Insufficient pursuant to chapter 306 of NRS, every candidate for office at a special election to determine whether a public officer will be recalled shall:
- *AB441_R1* – 11 – (2) Not later than 30 days after the date on which all appeals regarding the petition are exhausted, for the period from the day after the date of the district court’s order through the date on which all appeals regarding the petition are exhausted, report each of the campaign expenses described in subsection 1 incurred during the period.
In addition to complying with the applicable reporting requirements of subsections 1 to 6, inclusive, if a candidate is elected to office at a primary election, general election or special election, he or she must, not later than January 15 of each year,year,ial report each of the campaign expenses described in subsection 1 incurred during the period beginning January 1 of the previous year and ending on December 31 of the previous year.
(a) Requires the candidate to report a campaign expense that has previously been reported in a timely manner pursuant to subsections 1 to 6, inclusive;
Except as otherwise provided in subsection 9, if a candidate disposes of contributions pursuant to NRS 294A.160 or 294A.286 or section 2 of this act in any calendar year for which the candidate is not required to file a report pursuant to other provisions of this section, the candidate shall on or before January 15 of the following year, for the period beginning January 1 and ending on December 31 of the calendar year, report:
and (b)- The81st totalSession of(2021) all– amounts12 disposed– of during the period pursuant to NRS 294A.160 or 294A.286 or section 2 of this act which are $100 or less.
and - *AB441_R1* – 12 – (b) The total of all amounts disposed of during the period pursuant to subsection 5 of NRS 294A.160 which are $100 or less.
A report shall be deemed to be filed on the date that it was receivedrecSec. by the Secretary of State.
Sec.7.y tNRS 294A.300 is hereby amended to read as follows:
7.
NRS 294A.300 is hereby amended to read as follows:
(1) The Governor sets a specific date for the commencement of the special session that is more than 15 days after the date on which the Governor issues the proclamation calling for the special session pursuant to Section 9 of Article 5 of the NevadaNevadahe special Constitution;
- 81st Session (2021) – 13 – (1) The date on which the Governor issues the proclamation calling for the special session and ending 15 days after the final adjournment of the special session if the Governor sets a specific date for the commencement of the special session that is 15 or fewer days after the date on which the Governor issues the proclamation calling for the special session;
ororvernor issues the proclamation (2) The date on which the Secretary of State receives one or more substantially similar petitions signed, in the aggregate, by the required number of members of the Legislature calling for the special session and ending 15 days after the final adjournment of the special session if the members set a date on or before which the Legislature is to convene the special session that is 15 or fewer days after the date on which the Secretary of State receives the petitions.
- *AB441_R1* – 13 – 2.
(a) A person to accept or solicit a contribution, or solicit or acceptcontribution authorized pursuant to NRS 294A.115.other than a commitment(b) A person to make suchor commit to make a contribution,contribution other than a contribution authorized pursuant to NRS 294A.115.
(b) A person to make or commit to make a contribution other than a contribution authorized pursuant to NRS 294A.115.
- 81st Session (2021) – 14 – (a) Withdraws his or her candidacy pursuant to NRS 293.202 or 293C.195;
(c)(d) ReceivesHas no contributions;campaign expenses;;
(d) Has no campaign expenses;
A candidate described in paragraph (a), (b), (f) or (g) of subsection 1 may simultaneously file all the reports required by NRS 294A.120, 294A.125, 294A.128, 294A.200, 294A.286 and 294A.362 that are due after the candidate disposes of any unspent or excess contributions as provided in subsections 4, 5 and 6 of - *AB441_R1* – 14 – NRS 294A.160 [,] or section 2 of this act, as applicable, if the candidate gives written notice to the Secretary of State, on the form prescribed by the Secretary of State, that the candidate is ending his or her campaign and will not accept any additional contributions.
A candidate who signs the form under an oath to God is subject to the same penalties as if the can3.datA candidate haddescribed signedin paragraph (b) of subsection 1 who simultaneously files reports pursuant to subsection 2 but is elected to office despite ending his or her campaign is subject to the formreporting underrequirements penaltyset offorth perjury.in NRS 294A.120, 294A.125, 294A.128, 294A.200, 294A.286 and 294A.362, beginning with the next report that is due pursuant to those sections after his or her election to office.
3.
A candidate described in paragraph (b) of subsection 1 who simultaneously files reports pursuant to subsection 2 but is elected to office despite ending his or her campaign is subject to the reporting requirements set forth in NRS 294A.120, 294A.125, 294A.128, 294A.200, 294A.286 and 294A.362, beginning with the next report that is due pursuant to those sections after his or her election to office.
The list in each report must state the category - 81st Session (2021) – 15 – and amount of the campaign expense or expenditure and the date on which the campaign expense was incurred or the expenditure was made.
(g) Expenses related to polling;
- *AB441_R1* – 15 – (k) Contributions made to another candidate, a nonprofit corporation that is registered or required to be registered pursuant to NRS 294A.225, a committee for political action that is registered or required to be registered pursuant to NRS 294A.230 or a committee for the recall of a public officer that is registered or required to be registered pursuant to NRS 294A.250;
in3. subsection 1 must:
Each report of campaign expenses or expenditures described (a) List the disposition of any unspent contributions using the categories set forth in subsection 31 ofmust: NRS 294A.160 or subsection 3 of NRS 294A.286 [,] or section 2 of this act, as applicable;
(a) List the disposition of any unspent contributions using the categories set forth in subsection 3 of NRS 294A.160 or subsection of NRS 294A.286 [,] or section 2 of this act, as applicable;
H~~~~~ 21 - *AB441_R1*81st Session (2021)
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View plain text versions (3)
- Enrolled As Enrolled Current pdf
- Reprint 1 View text pdf
- Introduced As Introduced pdf
Amendments
1 amendmentClick Show changes on an amendment above to see how it modifies the bill.
Action History
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Approved by the Governor. Chapter 391.
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Enrolled and delivered to Governor.
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Read third time. Amended. (Amend. No. 825.) Reprinting dispensed with. Read third time. Passed, as amended. Title approved. (Yeas: 19, Nays: 2.) To printer. From printer. To engrossment. Engrossed. First reprint. To Assembly. In Assembly. Senate Amendment No. 825 concurred in. To enrollment.
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Taken from General File. Placed on General File for next legislative day.
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Taken from General File. Placed on General File for next legislative day.
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Taken from General File. Placed on General File for next legislative day.
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Taken from General File. Placed on General File for next legislative day.
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From committee: Do pass. Placed on Second Reading File. Read second time.
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In Senate. Read first time. Referred to Committee on Legislative Operations and Elections. To committee.
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Read third time. Passed. Title approved. (Yeas: 31, Nays: 11.) To Senate.
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Read second time.
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From committee: Do pass.
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Exempt pursuant to subsection 4 of Joint Standing Rule 14.6.
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From printer. To committee.
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Read first time. Referred to Committee on Legislative Operations and Elections. To printer.
Sponsors
- Jason Frierson · Primary
Sponsorship breakdown
Export CSV (upgrade) →1 sponsors · 0 co-sponsors · 66 not signed on
Sponsors (1)
Co-sponsors (0)
None.
Not signed on (66)
66 members have not signed on to this bill.
Show all 66 →"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.
Subjects
Frequently asked questions
- Who sponsors AB 441?
- AB 441 is sponsored by Jason Frierson.
- What is the current status of AB 441?
- This bill has been enacted into law. Introduced March 29, 2021. Enacted.
- Where can I track AB 441?
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