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ê2001 Statutes of Nevada Special Session, Page 389ê
RESOLUTIONS AND MEMORIALS
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Assembly Joint Resolution No. 1–Joint Rules Committee
FILE NUMBER 1
Assembly Joint RESOLUTION—Proposing to amend the Constitution of the State of Nevada to provide a citizens’ commission to establish the salaries of certain elected officers, to remove the requirement that the system for county and township government be uniform, to remove the requirement that the Legislature fix the compensation of certain county officers, to authorize the Legislature to provide for the appointment of certain county officers and to require each board of county commissioners to determine the salaries of certain county officers in its respective county.
Resolved by the Assembly and Senate of the State of Nevada, Jointly, That a new section be added to article 4, and sections 25, 26, 32 and 33 of article 4 of the Constitution of the State of Nevada be amended to read respectively as follows:
Sec. 33A. 1. The legislature shall provide by law for a citizens’ commission on salaries for certain elected officers.
2. The commission must consist of seven members who have diverse personal and professional interests and reside in various geographical areas of this state of which:
(a) Five members are appointed jointly by the speaker of the assembly and the majority leader of the senate; and
(b) Two members are appointed by the governor.
3. Each member of the commission must be a resident of this state and must not be a state officer, public employee or lobbyist, or a parent, spouse, sibling, child or dependent relative of a state officer, public employee or lobbyist.
4. Except as otherwise provided in this section, the term of office of each member of the commission is 4 years. The speaker of the assembly and the majority leader of the senate shall jointly appoint two of the members first appointed for an initial term of 2 years. The governor shall appoint one of the members first appointed for an initial term of 2 years. If a vacancy occurs, the appointing authority shall fill the vacancy for the unexpired term in the same manner as the original appointment, within 30 days after the vacancy occurs. A member of the commission may not serve more than two terms.
5. An appointing authority may remove a member of the commission only for cause of incapacity, incompetence, neglect of duty, malfeasance in office or failure to meet a qualification set forth in subsection 3.
6. The commission shall elect a chairman from among its members. Except as otherwise provided in this section, the commission shall adopt rules of procedure for the conduct of its hearings and any other procedural rules it deems necessary to carry out its duties.
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ê2001 Statutes of Nevada Special Session, Page 390ê
out its duties. The affirmative vote of a majority of all the members appointed to the commission is required to take action.
7. Members of the commission are entitled to:
(a) The compensation provided by law for members of the commission on judicial discipline who are not judicial officers; and
(b) The per diem allowance and travel expenses provided by law for state officers and employees generally.
8. The commission shall:
(a) Study the relationship of salaries to the duties of the members of the legislature, the governor, lieutenant governor, secretary of state, state treasurer, state controller, attorney general, justices of the supreme court and judges of the district courts;
(b) Compare the salaries of the elected officers set forth in paragraph (a) to the salaries of persons who are employed by a public or private employer and who have similar qualifications as those elected officers;
(c) Fix the salaries of the elected officers set forth in paragraph (a); and
(d) Carry out any duties provided by the legislature.
9. The commission may increase, but not diminish, the salary of an elected officer set forth in paragraph (a) of subsection 8 during his term of office. The commission may exercise any powers conferred by the legislature.
10. The commission shall file its initial schedule of salaries for the elected officers with the secretary of state not later than January 1, 2005, and shall file a schedule of salaries not later than January 1 of each odd-numbered year thereafter. Each schedule of salaries is effective for the period from the July 1 immediately following the January 1 that the schedule is due through the June 30 of the next odd-numbered year. The legislature shall provide by law for setting apart from each year’s revenues a sufficient amount of money to pay such salaries.
11. Before the commission may file a schedule of salaries with the secretary of state, the commission shall hold at least four meetings to receive public testimony on the schedule. At the last public hearing before the schedule is filed with the secretary of state, the commission shall adopt the schedule as originally proposed or as amended. All meetings of the commission are subject to the provisions of any open meeting laws made applicable generally to other public bodies.
12. The legislative counsel bureau shall include in the Nevada Revised Statutes a copy of the most recent schedule of salaries established by the commission and filed with the secretary of state.
Sec. 25. The Legislature shall establish a system of County and Township Government . [which shall be uniform throughout the State.]
Sec. 26. The Legislature shall provide by law, for the election of a Board of County Commissioners in each County, and such County Commissioners shall jointly and individually perform such duties as may be prescribed by law. The compensation of the members of the Board of County Commissioners of each County must be fixed by the Board of County Commissioners in each respective County.
Sec. 32. The Legislature shall have power to increase, diminish, consolidate or abolish the following county officers: County Clerks, County Recorders, Auditors, Sheriffs, District Attorneys and Public Administrators.
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ê2001 Statutes of Nevada Special Session, Page 391ê
County Recorders, Auditors, Sheriffs, District Attorneys and Public Administrators. The Legislature shall provide for their election by the people [,] or their appointment and fix by law their duties . [and compensation.] The Board of County Commissioners of each county shall determine the compensation of those county officers in its respective county. County Clerks shall be ex-officio Clerks of the Courts of Record and of the Boards of County Commissioners in and for their respective counties.
[Sec.:] Sec. 33. The members of the Legislature shall receive for their services, a compensation to be fixed by [law] the citizens’ commission on salaries for certain elected officers pursuant to section 33A of this article and paid out of the public treasury, for [not to exceed 60 days] each calendar day of service during any regular session of the legislature and [not to exceed 20 days] during any special session convened by the governor . [; but no increase of such compensation shall take effect during the term for which the members of either house shall have been elected Provided, that an] An appropriation may be made for the payment of such actual expenses as members of the Legislature may incur for postage, express charges, newspapers and stationery not exceeding the sum of Sixty dollars for any general or special session to each member; and Furthermore Provided, that the Speaker of the Assembly, and Lieutenant Governor, as President of the Senate, shall each, during the time of their actual attendance as such presiding officers receive an additional allowance of two dollars per diem.
And be it further
Resolved, That section 15 of article 6 of the Constitution of the State of Nevada be amended to read as follows:
Sec. 15. The Justices of the Supreme Court and District Judges shall each receive for their services a compensation to be fixed by [law] the citizens’ commission on salaries for certain elected officers pursuant to section 33A of article 4 and paid in the manner provided by law . [, which shall not be increased during the term for which they shall have been elected, unless] If a Vacancy occurs, [in which case] the successor of the former incumbent shall receive [only such salary as may be] the salary provided for that office by [law] the citizens’ commission on salaries for certain elected officers at the time of his election or appointment . [; and provision shall be made by law for setting apart from each year’s revenue a sufficient amount of Money, to pay such compensation.]
And be it further
Resolved, That section 9 of article 15 of the Constitution of the State of Nevada be repealed.
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ê2001 Statutes of Nevada Special Session, Page 392ê
Assembly Resolution No. 1–Assemblyman Perkins
FILE NUMBER 2
Assembly RESOLUTION—Providing for the appointment of attachés.
Resolved by the Assembly of the State of Nevada, That the following persons are elected as attachés of the Assembly for the 17th Special Session of the Legislature of the State of Nevada: Patricia R. Williams, Lucinda Benjamin, Matthew Baker, Diane Keetch, Mary Matheus, Jason Hataway, Terry Sullivan and Lucas Watson.
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Assembly Resolution No. 2–Assemblyman Perkins
FILE NUMBER 3
Assembly RESOLUTION—Adopting the Rules of the Assembly for the 17th Special Session of the Legislature.
Resolved by the Assembly of the State of Nevada, That the following Rules of the Assembly for the 17th Special Session of the Legislature are hereby adopted:
I. APPLICABILITY
Rule No. 1. Generally.
The Rules of the Assembly for the 17th Special Session of the Legislature are applicable only during the 17th Special Session of the Legislature.
II. OFFICERS AND EMPLOYEES
Duties of Officers
Rule No. 2. Speaker of the Assembly.
1. All officers of the Assembly are subordinate to the Speaker in all that relates to the prompt, efficient and correct discharge of their official duties under the Speaker’s supervision.
2. Possessing the powers and performing the duties described in this rule, the Speaker shall:
(a) Take the chair at the hour to which the Assembly will be meeting, call the members to order, and upon the appearance of a quorum, proceed to business.
(b) Preserve order and decorum and have general direction of the chamber of the Assembly and the approaches thereto. In the event of any disturbance or disorderly conduct therein, order the same to be cleared.
(c) Decide all questions of order, subject to a member’s right to appeal to the Assembly. On appeal from such decisions, the Speaker has the right, in the Speaker’s place, to assign the reason for the decision.
(d) Have the right to name any member to perform the duties of the chair, but such substitution must not extend beyond one legislative day.
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ê2001 Statutes of Nevada Special Session, Page 393ê
(e) When the Assembly resolves itself into Committee of the Whole, name a chairman to preside thereover and call him to the chair.
(f) Have the power to accredit the persons who act as representatives of the news media and assign them seats.
(g) Sign all bills and resolutions passed by the Legislature as provided by law.
(h) Sign all subpoenas issued by the Assembly.
(i) Receive all messages and communications from other departments of the government and announce them to the Assembly.
(j) Represent the Assembly, declare its will and in all things obey its commands.
(k) Vote on final passage of a bill or resolution, but the Speaker shall not be required to vote in ordinary legislative proceedings except where the Speaker’s vote would be decisive. In all yea and nay votes, the Speaker’s name must be called last.
3. If a vacancy occurs in the office of Speaker, through death, resignation or disability of the Speaker, the Speaker pro Tempore shall temporarily and for the period of vacancy or disability conduct the necessary business of the Assembly.
4. If a permanent vacancy occurs in the office of Speaker, the Assembly shall select a new Speaker.
III. SESSIONS AND MEETINGS
Rule No. 3. Open Meetings.
All meetings of the Assembly and the Committee of the Whole must be open to the public.
IV. DECORUM AND DEBATE
Rule No. 4. Points of Order.
If any member, in speaking or otherwise, transgresses the rules of the Assembly, the Speaker shall, or any member may, call to order, in which case the member so called to order shall immediately sit down, unless permitted to explain; and if called to order by a member, such member shall immediately state the point of order. If the point of order be sustained by the presiding officer, the member shall not be allowed to proceed; but if it be not sustained, then he shall be permitted to go on. Every such decision from the presiding officer shall be subject to an appeal to the House; but no discussion of the question of order shall be allowed unless an appeal be taken from the decision of the presiding officer.
Rule No. 5. Portable electronic communication devices.
1. A person who is within the Assembly Chambers shall not engage in a telephone conversation via the use of a portable telephone.
2. Before entering the Assembly Chambers, any person who possesses a portable electronic communication device, such as a pager or telephone, that emits an audible alert, such as a ringing or beeping sound, to signal an incoming message or call shall turn the audible alert off. A device that contains a nonaudible alert, such as a silent vibration, may be operated in a nonaudible manner within the Assembly Chambers.
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ê2001 Statutes of Nevada Special Session, Page 394ê
V. QUORUM, VOTING, ELECTIONS
Rule No. 6. Manner of Voting.
1. The presiding officer shall declare all votes, but the yeas and nays must be taken when called for by three members present, and the names of those calling for the yeas and nays must be entered in the Journal by the Chief Clerk.
2. The presiding officer shall call for yeas and nays by a division or by a roll call, either electronic or oral.
3. When taking the yeas and nays on any question, the electronic roll call system may be used, and when so used shall have the force and effect of any roll call under these rules.
4. When taking the yeas and nays by oral roll call, the Chief Clerk shall take the names of members alphabetically, except that the Speaker’s name must be called last.
5. The electronic roll call system may be used to determine the presence of a quorum.
6. The yeas and nays must not be taken with the electronic roll call system until all members present are at their desks. The presiding officer may vote at the rostrum.
7. Only a member who is physically present within the Assembly Chambers may cast a vote in the Assembly.
8. A member shall not vote for another member on any roll call, either electronic or oral. Any member who votes for another member may be punished in any manner deemed appropriate by the Assembly.
Rule No. 7. Announcement of the Vote.
1. A member may change his vote at any time before the announcement of the vote if the voting is by voice, or at any time before the votes are electronically recorded if the voting is conducted electronically.
2. The announcement of the result of any vote shall not be postponed.
Rule No. 8. Voting by Division.
Upon a division and count of the Assembly on any question, no person without the bar shall be counted.
VI. LEGISLATIVE BODIES
Rule No. 9. Committee of the Whole.
1. All bills and resolutions may be referred to the Committee of the Whole.
2. At any stage in the proceedings of the Committee of the Whole, a member of the committee may speak only once on the question under consideration, for a period of not more than 10 minutes, unless he is granted leave of the chairman to speak more than once. If a member is granted leave to speak more than once, the chairman may limit the length of time that member may speak.
3. All amendments proposed by the Committee of the Whole must first be approved by a majority of the members of the Senate and a majority of the members of the Assembly appointed to the Joint Rules Committee for the 17th Special Session of the Legislature.
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ê2001 Statutes of Nevada Special Session, Page 395ê
VII. RULES GOVERNING MOTIONS
Rule No. 10. Entertaining.
No motion may be debated until it is distinctly announced by the presiding officer. If desired by the presiding officer or any member, the motion must be reduced to writing and be read by the Chief Clerk before the motion is debated. A motion may be withdrawn by the maker at any time before amendment or before the motion is put to vote.
Particular Motions
Rule No. 11. Indefinite Postponement.
When a question is postponed indefinitely, the same question must not be considered again during the special session and the question is not subject to a motion for reconsideration.
Rule No. 12. To Strike Enacting Clause.
A motion to strike out the enacting clause of a bill or resolution does not take precedence over any other subsidiary motion. If the motion is carried, it shall be considered equivalent to the rejection of such bill or resolution.
Rule No. 13. Division of Question.
Any member may call for a division of the question, which shall be divided, if it comprehends propositions in substance so distinct that, one being taken away, a substantive proposition shall remain for the decision of the Assembly. A motion to strike out being lost shall preclude neither amendment nor a motion to strike out and insert. A motion to strike out and insert shall be deemed indivisible.
Rule No. 14. To Reconsider.
No motion to reconsider a vote is in order.
VIII. DEBATE
Rule No. 15. Speaking on Question.
No member shall speak more than twice during the consideration of any one question, on the same day, and at the same stage of proceedings, without leave. Members who have once spoken shall not again be entitled to the floor (except for explanation) to the exclusion of others who have not spoken.
Rule No. 16. Previous Question.
The previous question shall be put only when demanded by three members. The previous question shall not be moved by the member last speaking on the question.
Rule No. 17. Privilege of Closing Debate.
The author of a bill, a resolution or a main question shall have the privilege of closing the debate, unless the previous question has been sustained.
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ê2001 Statutes of Nevada Special Session, Page 396ê
IX. CONDUCT OF BUSINESS
A. Rules and Procedure
Rule No. 18. Mason’s Manual.
The rules of parliamentary practice contained in Mason’s Manual of Legislative Procedure shall govern the Assembly in all cases in which they are applicable and in which they are not inconsistent with the Rules and orders of the Assembly for the 17th Special Session of the Legislature, and the Joint Rules of the Senate and Assembly for the 17th Special Session of the Legislature.
Rule No. 19. Rescission, Change or Suspension of Rule.
No rule or order of the Assembly for the 17th Special Session of the Legislature shall be rescinded or changed without a vote of two-thirds of the members elected, and one day’s notice being given of the motion therefor; but a rule or order may be suspended temporarily by a vote of two-thirds of the members present.
Rule No. 20. Privilege of the Floor and Lobbying.
No person, except Senators, former Assemblymen and state officers, may be admitted at the bar of the Assembly, except by special invitation on the part of some member; but a majority may authorize the Speaker to have the Assembly cleared of all such persons. No person may do any lobbying upon the floor of the Assembly at any time, and it is the duty of the Sergeant at Arms to remove any person violating any of the provisions of this rule.
Rule No. 21. Material Placed on Legislators’ Desks.
All papers, letters, notes, pamphlets and other written material placed upon an Assemblyman’s desk shall contain the signature of the Legislator requesting the placement of such material on the desk or shall contain a designation of the origin of such material. This rule does not apply to books containing the legislative bills and resolutions, the legislative daily histories, the legislative daily journals or Legislative Counsel Bureau material.
Rule No. 22. Peddling, Begging and Soliciting.
1. Peddling, begging and soliciting are strictly forbidden in the Assembly Chamber, and in the lobby, gallery and halls adjacent thereto.
2. No part of the Assembly Chamber may be used for, or occupied by signs or other devices for any kind of advertising.
3. No part of the hallways adjacent to the Assembly Chambers may be used for or occupied by signs or other devices for any kind of advertising for commercial or personal gain. Notices for nonprofit, nonpartisan, civic or special legislative events may be posted in a designated area of the hallways adjacent to the Assembly Chambers with the approval of the Chief Clerk.
Rule No. 23. Petitions and Memorials.
Petitions, memorials and other papers addressed to the Assembly, shall be presented by the Speaker, or by a member in the Speaker’s place. A brief statement of the contents thereof shall be made by the introducer.
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ê2001 Statutes of Nevada Special Session, Page 397ê
They shall not be debated on the day of their being presented, but shall be on the table, or be referred, as the Assembly shall determine.
Rule No. 24. Request of Purpose.
A member may request the purpose of a bill or joint resolution upon its introduction.
Rule No. 25. Remarks.
It shall be in order for members to make remarks and to have such remarks entered in the Journal.
Rule No. 26. Precedence of Parliamentary Authority.
The precedence of parliamentary authority in the Assembly is:
1. The Constitution of the State of Nevada.
2. The Statutes of the State of Nevada.
3. The Rules of the Assembly for the 17th Special Session of the Legislature and the Joint Rules of the Senate and Assembly for the 17th Special Session of the Legislature.
4. Mason’s Manual of Legislative Procedure.
Rule No. 27. Privileged Questions.
Privileged questions have precedence of all others in the following order:
1. Motions to fix the time to which the Assembly shall adjourn.
2. Motions to adjourn.
3. Questions relating to the rights and privileges of the Assembly or any of its members.
4. A call of the House.
5. Motions for special orders.
B. Bills
Rule No. 28. Substitute Bills.
A substitute bill shall be deemed and held to be an amendment, and treated in all respects as such. However, a substitute bill may be amended after its adoption, in the same manner as if it were an original bill.
Rule No. 29. Skeleton Bills.
The introduction of skeleton bills is not authorized.
Rule No. 30. Reading of Bills.
The presiding officer shall announce at each reading of a bill whether it be the first, second or third reading. The first reading of a bill shall be for information. If there is objection, the question shall be, “Shall the bill be rejected?” If the question to reject fails to receive a majority vote by the members present, or if there is no objection, the bill shall take the proper course. No bill shall be referred to the Committee of the Whole until after the first reading, nor amended until after the second reading.
Rule No. 31. Second Reading and Amendment of Bills.
1. All bills must be read the second time after which they are reported by the Committee of the Whole. Upon second reading, Assembly bills reported without amendments shall be placed on the General File and Senate bills reported without amendments shall be placed on the General File.
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ê2001 Statutes of Nevada Special Session, Page 398ê
reported without amendments shall be placed on the General File and Senate bills reported without amendments shall be placed on the General File. Amendments proposed by the Committee of the Whole and reported with bills shall be considered upon their second reading, and such amendments may be adopted by a majority vote of the members present. Any amendment which is numbered, copied and made available to all members must be moved and voted upon by number unless any member moves that it be read in full. Assembly bills so amended must be reprinted, engrossed, and placed on the General File. Senate bills so amended must be reprinted, then engrossed or reengrossed, as applicable, and placed on the General File.
2. Any member may move to amend a bill during its second or third reading if the amendment is first approved by a majority of the members of the Senate and a majority of the members of the Assembly appointed to the Joint Rules Committee for the 17th Special Session of the Legislature, and such a motion to amend may be adopted by a majority vote of the members present. Bills so amended on second reading must be treated the same as bills with amendments proposed by the Committee of the Whole. Any bill so amended upon the General File must be reprinted and then engrossed or reengrossed, as applicable.
3. The reprinting of amended bills may be dispensed with only in accordance with the provisions of law.
Rule No. 32. Consent Calendar.
1. The Committee of the Whole may by unanimous vote of the members present report a bill with the recommendation that it be placed on the consent calendar. The question of recommending a bill for the consent calendar may be voted upon in committee only after the bill has been recommended for passage and only if no amendment is recommended.
2. The Chief Clerk shall maintain a list of bills recommended for the consent calendar. The list must be printed in the daily history and must include the summary of each bill, and the date the bill is scheduled for consideration on final passage.
3. At any time before the presiding officer calls for a vote on the passage of the consent calendar, a member may give written notice to the Chief Clerk or state orally from the floor of the Assembly in session that he requests the removal of a particular bill from the consent calendar. If a member so requests, the Chief Clerk shall remove the bill from the consent calendar and transfer it to the second reading file. A bill removed from the consent calendar may not be restored to that calendar.
4. During floor consideration of the consent calendar, members may ask questions and offer explanations relating to the respective bills.
5. When the consent calendar is brought to a vote, the bills remaining on the consent calendar must be read by number and summary and the vote must be taken on their final passage as a group.
Rule No. 33. General File.
All bills reported to the Assembly, after receiving their second readings must be placed upon a General File, to be kept by the Chief Clerk. Bills must be taken from the General File and acted upon in the order in which they were reported, unless otherwise specially ordered by the Assembly. But engrossed bills shall be placed at the head of the file, in the order in which they are received.
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ê2001 Statutes of Nevada Special Session, Page 399ê
they are received. The Chief Clerk shall post a daily statement of the bills on the General File, setting forth the order in which they are filed, and specifying the alterations arising from the disposal of business each day. The Chief Clerk shall likewise post notices of special orders as made.
C. Resolutions
Rule No. 34. Treated as Bills—Joint Resolutions.
The procedure of enacting joint resolutions must be identical to that of enacting bills. However, joint resolutions proposing amendments to the Constitution must be entered in the Journal in their entirety.
D. Order of Business
Rule No. 35. Order of Business.
The Order of Business must be as follows:
1. Call to Order.
2. Reading and Approval of Journal.
3. Presentation of Petitions.
4. Reports of the Committee of the Whole.
5. [Reserved.]
6. Communications.
7. Messages from the Senate.
8. Motions, Resolutions and Notices.
9. Introduction, First Reading and Reference.
10. Consent Calendar.
11. Second Reading and Amendment.
12. General File and Third Reading.
13. Unfinished Business of Preceding Day.
14. Special Orders of the Day.
15. Remarks from the Floor, limited to 10 minutes.
X. MISCELLANEOUS
Rule No. 36. Use of the Assembly Chamber.
The Assembly Chamber shall not be used for any public or private business other than legislative, except by permission of the Assembly.
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ê2001 Statutes of Nevada Special Session, Page 400ê
Assembly Resolution No. 3–Assemblyman Perkins
FILE NUMBER 4
Assembly RESOLUTION—Providing that no allowances will be paid for the 17th Special Session of the Legislature for periodicals, stamps, stationery or communications.
Resolved by the Assembly of the State of Nevada, That for the 17th Special Session of the Legislature of the State of Nevada, no allowances will be paid for members of the Assembly for periodicals, stamps, stationery or the use of telephones, and that no allowances will be paid for the Speaker, Speaker Pro Tempore, Majority Leader, Minority Leader or chairman of a committee of the Assembly for postage, telephone tolls or other charges for communications.
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Assembly Concurrent Resolution No. 1–Joint Rules Committee
FILE NUMBER 5
Assembly Concurrent RESOLUTION—Establishing the Governor’s Task Force on Tax Policy in Nevada.
Whereas, Nevada is the fastest growing state in the country, with the biggest gains being made in the populations of school-aged children and senior citizens; and
Whereas, The rate of growth of Nevada’s population is much faster than the rate of growth of its public revenue; and
Whereas, Nevada is falling behind in the revenue collections needed for funding K-12 education, for meeting the long-term care needs of its growing senior population, and for keeping pace with soaring energy demands and the costs of those demands; and
Whereas, When there is a disparity between the growth in revenues from current revenue sources and the growth in public spending needed to maintain current governmental services, a structural deficit in the state budget arises; and
Whereas, The underlying reasons for such a structural budgetary deficit in Nevada are complex and have accumulated over many years; and
Whereas, The development of a broad-based tax structure that is reflective of the diversity of Nevada’s economy is a desirable policy and worthy of study; now, therefore, be it
Resolved by the Assembly of the State of Nevada, the Senate Concurring, That there is hereby created a Governor’s Task Force on Tax Policy in Nevada consisting of two members appointed by the Governor, two members appointed by the Majority Leader of the Senate and two members appointed by the Speaker of the Assembly; and be it further
Resolved, If additional representation is desired, two additional members may be appointed by the Governor, one representing taxpayers and one representing services supported primarily by public revenue; and be it further
Resolved, That at its initial meeting, the Task Force shall identify the specific taxes to be reviewed, with consideration given to the review of such taxes as those on gross receipts, mining, property, sales or services, business profits, employees of business, slot route operators and car rental companies; and be it further
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ê2001 Statutes of Nevada Special Session, Page 401ê
profits, employees of business, slot route operators and car rental companies; and be it further
Resolved, That the Task Force shall also focus on broader tax policy issues, such as optimal tax rates and the structural budgetary deficits, and consider ways to reduce budgetary reliance on volatile or cyclical revenue streams; and be it further
Resolved, That the Task Force may engage in a collective review of the various fees charged by agencies of the state that have not been increased for a substantial length of time; and be it further
Resolved, That the Task Force shall solicit the state executive branch, businesses, labor organizations and local governments for comments and suggestions for changes to Nevada’s tax policy with the intent being to gather public spending recommendations for support of K-12 education and long-term care needs of the general public, including our growing senior population; and be it further
Resolved, That the Task Force shall also consider the desirability of the lowering of the state’s sales and use taxes over time as new tax revenues become available; and be it further
Resolved, That the Task Force is entitled to submit five bill draft requests, and any recommended legislation must include a plan to broaden the tax base so that it is reflective of the diversity of the state’s economy; and be it further
Resolved, That the Task Force shall develop one or more definitive proposals to carry out the state’s need to provide additional revenue for state programs, to stabilize the tax base and to reduce the long-term structural deficit of the state budget; and be it further
Resolved, That the Task Force on Tax Policy in Nevada shall, on or before November 15, 2002, submit a report of the results of its review and any recommendations for legislation to the Governor and the Director of the Legislative Counsel Bureau for transmittal to the 72nd session of the Nevada Legislature.
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Assembly Concurrent Resolution No. 2–Joint Rules Committee
FILE NUMBER 6
Assembly Concurrent RESOLUTION—Directing the Legislative Commission to conduct an interim study concerning misdemeanors.
Whereas, During the 1995 Legislative Session, legislation was enacted to provide categories for felonies; and
Whereas, The Nevada Revised Statutes currently provides for only two categories of misdemeanors that are designated as misdemeanors and gross misdemeanors; and
Whereas, A study needs to be conducted to determine whether providing categories for misdemeanors and penalties commensurate with those categories would provide more consistency in the criminal statutory scheme; now, therefore, be it
Resolved by the Assembly of the State of Nevada, the Senate Concurring, That the Legislative Commission is hereby directed to appoint a committee consisting of three members of the Assembly, two of whom are members of the Assembly Standing Committee on Judiciary and three members of the Senate, two of whom are members of the Senate Standing Committee on Judiciary, to conduct an interim study concerning misdemeanors; and be it further
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ê2001 Statutes of Nevada Special Session, Page 402ê
whom are members of the Assembly Standing Committee on Judiciary and three members of the Senate, two of whom are members of the Senate Standing Committee on Judiciary, to conduct an interim study concerning misdemeanors; and be it further
Resolved, That the study must include, without limitation, an analysis of:
1. The existing statutes concerning misdemeanors to determine whether it is feasible to categorize misdemeanors and provide penalties commensurate with the categorization;
2. Whether it is beneficial to amend the Nevada Revised Statutes to categorize misdemeanors in such a manner;
3. The effect that categorizing misdemeanors in such a manner would have on the courts of this state, including, without limitation, any increase in the volume of cases handled by the courts and any necessary changes to the jurisdiction of the lower courts; and
4. Any other matter related to misdemeanors, as deemed necessary by the committee; and be it further
Resolved, That any recommended legislation proposed by the committee must be approved by a majority of the members of the Senate and a majority of the members of the Assembly appointed to the committee; and be it further
Resolved, That the Legislative Commission shall submit a report of the results of the study and any recommendations for legislation to the 72nd session of the Nevada Legislature.
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Assembly Concurrent Resolution No. 3–Joint Rules Committee
FILE NUMBER 7
Assembly Concurrent RESOLUTION—Directing the Legislative Commission to conduct an interim study of issues regarding the death penalty and related DNA testing.
Whereas, It has been 25 years since the United States Supreme Court allowed the death penalty to resume in the United States under certain circumstances; and
Whereas, There have been almost 700 executions in the United States since the reinstatement of the death penalty, eight of those have been in Nevada; and
Whereas, The death row population in this country has continued to grow, reaching over 3,700 prisoners in the year 2000; and
Whereas, Recent national studies have found that capital trials and sentences cost more than noncapital ones and the time and expense involved in curing errors in capital cases imposes a terrible cost on taxpayers, victims’ families, the judicial system and persons wrongly condemned; and
Whereas, The determination of genetic markers, commonly referred to as “DNA testing,” was not widely available in criminal cases tried before 1994; and
Whereas, In the last several years, DNA testing has emerged as the most reliable forensic technique for identifying criminals when biological material is left at a crime scene; and
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ê2001 Statutes of Nevada Special Session, Page 403ê
Whereas, Post-conviction exoneration of more than 75 innocent men and women, including some incarcerated under a sentence of death, has been achieved through DNA testing; and
Whereas, Because collection of a DNA sample from an inmate consists simply of obtaining a swab of saliva and costs approximately $100, it is now less costly and less burdensome to make DNA testing available to inmates in appropriate cases; now, therefore, be it
Resolved by the Assembly of the State of Nevada, the Senate Concurring, That the Legislative Commission is hereby directed to appoint a committee to conduct an interim study of issues regarding the death penalty and related DNA testing; and be it further
Resolved, That the committee to conduct the study consists of eight members of the 71st Legislative Session to be appointed by the Legislative Commission as follows:
1. Four members of the Assembly, at least two of whom are members of the Assembly Standing Committee on Judiciary; and
2. Four members from the Senate, at least two of whom are members of the Senate Standing Committee on Judiciary; and be it further
Resolved, That the chairman of the committee may appoint a technical advisory committee to assist the committee in carrying out the study; and be it further
Resolved, That the interim study must include, without limitation, consideration of the following issues regarding the death penalty:
1. The costs in Nevada of prosecuting capital cases and incarcerating a person under the death penalty versus the cost of prosecuting a noncapital case and sentencing a person for life without the possibility of parole;
2. The number of prisoners actually executed compared with the number of those who were sentenced to death;
3. The impact of race, color, religion, national origin, gender, economic status and geographic location of defendants in capital cases with respect to decisions concerning charging, prosecuting and sentencing;
4. Whether defendants who are under 18 years of age or who are mentally retarded at the time of committing an offense should be sentenced to death;
5. The competency and expertise of counsel to defendants in capital cases;
6. The adequacy of resources provided to defendants in capital cases;
7. Whether jurors have a proper and adequate understanding of the application of the law and of jury instructions in capital cases;
8. Whether rules pertaining to arguments during any phase of a trial are an impediment in capital cases;
9. Whether capital punishment serves as an effective deterrent against the commission of murder;
10. The expertise of judges that hear capital cases; and
11. The process of appealing a sentence of death; and be it further
Resolved, That the study must also include, without limitation, consideration of the following issues concerning DNA testing:
1. The availability, cost and extent of its use, both in Nevada and in the rest of the country;
2. Current policies regarding the use of DNA testing in Nevada compared with policies in the remainder of the states;
3. The manner for storing and using such DNA information;
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ê2001 Statutes of Nevada Special Session, Page 404ê
4. Post-conviction DNA testing, criteria for requests by prisoners and procedures for handling those requests; and
5. Any Fifth Amendment or other constitutional issues related to the use of DNA evidence in capital cases; and be it further
Resolved, That any recommended legislation proposed by the committee must be approved by a majority of the members of the Senate and a majority of the members of the Assembly appointed to the committee; and be it further
Resolved, That the Legislative Commission shall submit a report of the results of the study and any recommendations for legislation to the 72nd session of the Nevada Legislature.
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Senate Joint Resolution No. 1–Joint Rules Committee
FILE NUMBER 8
SENATE JOINT RESOLUTION—Proposing to amend the Constitution of the State of Nevada to provide requirements for the enactment of property and sales tax exemptions.
Resolved by the Senate and Assembly of the State of Nevada, Jointly, That a new section, designated section 6, be added to article 10 of the Constitution of the State of Nevada to read as follows:
Sec. 6. 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:
(a) Determines that the exemption will achieve a bona fide social or economic purpose;
(b) Restricts the eligibility for the exemption solely to the intended beneficiaries of the exemption;
(c) Determines that the exemption will not have a material adverse effect on the finances of the state or any local government that would otherwise receive revenue from the tax from which the exemption would be granted;
(d) Determines that the exemption will not impair adversely the ability of the state or a unit of 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; or
(e) Ensures that the requirements for claiming the exemption are as similar as practicable for similar classes of taxpayers.
2. The Legislature shall review any exemption from any tax on property or on the sale, storage, use or consumption of tangible personal property sold at retail at least once every 6 years to determine whether the purpose of the exemption is still valid and that the exemption is being used effectively.
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ê2001 Statutes of Nevada Special Session, Page 405ê
Senate Concurrent Resolution No. 1–Senators Raggio and Titus
FILE NUMBER 9
SENATE Concurrent RESOLUTION—Adopting the Joint Rules of the Senate and Assembly for the 17th Special Session of the Legislature.
Resolved by the Senate of the State of Nevada, the Assembly Concurring, That the following Joint Rules of the Senate and Assembly for the 17th Special Session of the Legislature are hereby adopted:
APPLICABILITY OF JOINT RULES
Rule No. 1. Generally.
The Joint Rules for the 17th Special Session of the Legislature are applicable only during the 17th Special Session of the Legislature.
JOINT RULES COMMITTEE
Rule No. 2. Duties.
1. There is hereby created a Joint Rules Committee for the 17th Special Session of the Legislature. The membership of the committee consists of:
(a) Two members appointed by the majority floor leader of the Senate;
(b) One member appointed by the minority floor leader of the Senate;
(c) Two members appointed by the Speaker of the Assembly; and
(d) One member appointed by the minority floor leader of the Assembly.
2. The members of the Joint Rules Committee shall elect a chairman and vice chairman from among their members. The chairman must be elected from one house of the legislature and the vice chairman from the other house.
3. Any member of the Legislature may request the approval of the Joint Rules Committee for a request to draft a bill, resolution or amendment during the 17th Special Session. Except as otherwise provided in Joint Rule No. 3 and subsection 2 of Joint Rule No. 14, a majority of the members of the Senate and a majority of the members of the Assembly appointed to the Joint Rules Committee must approve any request for the drafting of a bill, resolution or amendment during the 17th Special Session before it is submitted to the Legislative Counsel.
CONFERENCE COMMITTEES
Rule No. 3. Procedure Concerning.
In every case of an amendment of a bill, or joint or concurrent resolution, agreed to in one House, dissented from in the other, and not receded from by the one making the amendment, each House shall appoint a committee to confer with a like committee to be appointed by the other; and the committee so appointed shall meet publicly at a convenient hour to be agreed upon by their respective chairmen and announced publicly, and shall confer upon the differences between the two Houses as indicated by the amendments made in one and rejected in the other and report as early as convenient the result of their conference to their respective Houses. The report shall be made available to all members of both Houses.
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ê2001 Statutes of Nevada Special Session, Page 406ê
report shall be made available to all members of both Houses. The whole subject matter embraced in the bill or resolution shall be considered by the committee, and it may recommend recession by either House, new amendments, new bills or resolutions, or other changes as it sees fit. New bills or resolutions so reported shall be treated as amendments unless the bills or resolutions are composed entirely of original matter, in which case they shall receive the treatment required in the respective Houses for original bills, or resolutions, as the case may be.
The report of a conference committee may be adopted by acclamation, and such action may be considered equivalent to the adoption of amendments embodied therein. The report is not subject to amendment. If either House refuses to adopt the report, or if the first conference committee has so recommended, a second conference committee may be appointed. No member who served on the first committee may be appointed to the second.
There shall be but two conference committees on any bill or resolution. A majority of the members of a conference committee from each House must be members who voted for the passage of the bill or resolution.
MESSAGES
Rule No. 4. Procedure Concerning.
Proclamations by the Governor convening the Legislature in extra session shall, by direction of the presiding officer of each House, be read immediately after the convening thereof, filed and entered in full in the Journal of proceedings.
Whenever a message from the Governor is received, the Sergeant at Arms will announce: “Mr. President, or Mr. Speaker, the Secretary of the Governor is at the bar.” The secretary will, upon being recognized by the presiding officer, announce: “Mr. President, or Mr. Speaker, a message from His Excellency, the Governor of Nevada, to the Honorable, the Senate or Assembly,” and hand same to the Sergeant at Arms for delivery to the Secretary of the Senate or Chief Clerk of the Assembly. The presiding officer will direct the biennial message of the Governor to be received and read, and all special messages to be received, read and entered in full in the Journal of proceedings.
Messages from the Senate to the Assembly shall be delivered by the Secretary or Assistant Secretary, and messages from the Assembly to the Senate shall be delivered by the Chief Clerk or Assistant Chief Clerk.
NOTICE OF FINAL ACTION
Rule No. 5. Communications.
Each House shall communicate its final action on any bill or resolution, or matter in which the other may be interested, by written notice. Each such notice sent by the Senate must be signed by the Secretary of the Senate, or a person designated by the Secretary. Each such notice sent by the Assembly must be signed by the Chief Clerk of the Assembly, or a person designated by the Chief Clerk.
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ê2001 Statutes of Nevada Special Session, Page 407ê
BILLS AND JOINT RESOLUTIONS
Rule No. 6. Signature.
Each enrolled bill or joint resolution shall be presented to the presiding officers of both Houses for signature. They shall, after an announcement of their intention to do so is made in open session, sign the bill or joint resolution and their signatures shall be followed by those of the Secretary of the Senate and Chief Clerk of the Assembly.
Rule No. 7. Joint Sponsorship.
1. A bill or resolution introduced by one or more legislators elected to one House may, at the direction of the legislator who brings the bill or resolution forward for introduction, set forth the names of one or more legislators who are members elected to the other House and who wish to be primary joint sponsors or non-primary joint sponsors of the bill or resolution. The number of primary joint sponsors must not exceed five per bill or resolution. The names of each primary joint sponsor and non-primary joint sponsor must be set forth on the face of the bill or resolution in the following order immediately below the date on which the bill or resolution is introduced:
(a) The name of each primary joint sponsor, in the order indicated on the colored back of the introductory copy of the bill or resolution; and
(b) The name of each non-primary joint sponsor, in alphabetical order.
2. The Legislative Counsel shall not cause to be printed the name of a legislator as a primary joint sponsor or non-primary joint sponsor on the face of a bill or resolution unless the legislator has signed the colored back of the introductory copy of the bill or resolution that was submitted to the front desk of the House of origin or the statement required by subsection 4.
3. Upon introduction, any bill or resolution that sets forth the names of primary joint sponsors or non-primary joint sponsors, or both, must be numbered in the same numerical sequence as other bills and resolutions of the same House of origin are numbered.
4. Once a bill or resolution has been introduced, a primary joint sponsor or non-primary joint sponsor may only be added or removed by amendment of the bill or resolution. An amendment which proposes to add or remove a primary joint sponsor or non-primary joint sponsor must not be considered by the House of origin of the amendment unless a statement requesting the addition or removal is attached to the copy of the amendment submitted to the front desk of the House of origin of the amendment. If the amendment proposes to add or remove a legislator as a primary joint sponsor or non-primary joint sponsor, the statement must be signed by that legislator. A copy of the statement must be transmitted to the Legislative Counsel if the amendment is adopted.
5. An amendment that proposes to add or remove a primary joint sponsor or non-primary joint sponsor may include additional proposals to change the substantive provisions of the bill or resolution or may be limited only to the proposal to add or remove a primary joint sponsor or non-primary joint sponsor.
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ê2001 Statutes of Nevada Special Session, Page 408ê
PRINTING
Rule No. 8. Ordering and Distribution.
Each House may order the printing of bills introduced, reports of its own committees, and other matter pertaining to that House only; but no other printing may be ordered except by a concurrent resolution passed by both Houses. Each Senator is entitled to the free distribution of four copies of each bill introduced in each House, and each Assemblyman to such a distribution of two copies. Additional copies of such bills may be distributed at a charge to the person to whom they are addressed. The amount charged for distribution of the additional copies must be determined by the Director of the Legislative Counsel Bureau to approximate the cost of handling and postage for the entire session.
RESOLUTIONS
Rule No. 9. Types, Usage and Approval.
1. A joint resolution must be used to:
(a) Propose an amendment to the Nevada constitution.
(b) Ratify a proposed amendment to the United States Constitution.
(c) Address the President of the United States, Congress, either House or any committee or member of Congress, any department or agency of the Federal Government, or any other state of the Union.
2. A concurrent resolution must be used to:
(a) Amend these joint rules.
(b) Request the return from the Governor of an enrolled bill for further consideration.
(c) Resolve that the return of a bill from one House to the other House is necessary and appropriate.
(d) Express facts, principles, opinion and purposes of the Senate and Assembly.
(e) Establish a joint committee of the two Houses.
(f) Direct the Legislative Commission to conduct an interim study.
3. A concurrent resolution or a resolution of one House may be used to:
(a) Memorialize a former member of the Legislature or other notable or distinguished person upon his death.
(b) Congratulate or commend any person or organization for a significant and meritorious accomplishment.
VETOES
Rule No. 10. Special Order.
Bills which have passed a previous Legislature, and which are transmitted to the Legislature next sitting, accompanied by a message or statement of the Governor’s disapproval, or veto of the same, shall become the subject of a special order; and when the special order for their consideration is reached and called, the said message or statement shall be read, together with the bill or bills so disposed or vetoed; and the message and bill shall be read in the Senate by the Secretary of the Senate and in the Assembly by the Chief Clerk of the Assembly, without interruption, consecutively, one following the other, and not upon separate occasions; and no such bill or message shall be referred to any committee, or otherwise acted upon, save as provided by law and custom; that is to say, that immediately following such reading the only question (except as hereinafter stated) which shall be put by the Chair is, “Shall the bill pass, notwithstanding the objections of the Governor?”
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ê2001 Statutes of Nevada Special Session, Page 409ê
and no such bill or message shall be referred to any committee, or otherwise acted upon, save as provided by law and custom; that is to say, that immediately following such reading the only question (except as hereinafter stated) which shall be put by the Chair is, “Shall the bill pass, notwithstanding the objections of the Governor?” It shall not be in order, at any time, to vote upon such vetoed bill without the same shall have first been read, from the first word of its title to and including the last word of its final section; and no motion shall be entertained after the Chair has stated the question save a motion for “The previous question,” but the merits of the bill itself may be debated.
ADJOURNMENT
Rule No. 11. Limitations and Calculation of Duration.
1. In calculating the permissible duration of an adjournment for 3 days or less, the day of adjournment must not be counted but the day of the next meeting must be counted, and Sunday must not be counted.
2. The Legislature may adjourn for more than 3 days by motion based on mutual consent of the houses or by concurrent resolution. One or more such adjournments, may be taken to permit the Joint Rules Committee or the Legislative Counsel Bureau to prepare the matters respectively entrusted to them for the consideration of the Legislature as a whole.
EXPENDITURES FROM THE LEGISLATIVE FUND
Rule No. 12. Manner of authorization.
Except for routine salary, travel, equipment and operating expenses, no expenditures shall be made from the Legislative Fund without the authority of a Concurrent Resolution regularly adopted by the Senate and Assembly.
RECORDS OF COMMITTEE PROCEEDINGS
Rule No. 13. Duties of Secretary of Committee and Director.
1. The Joint Rules Committee and the Committee of the Whole of the Legislature shall cause a record to be made of the proceedings of its meetings.
2. The secretary of the Joint Rules Committee and secretary of the Committee of the Whole shall:
(a) Label each record with the date, time and place of the meeting and also indicate on the label the numerical sequence in which the record was made;
(b) Keep the records in chronological order; and
(c) Deposit the records immediately following the final adjournment of the special session of the Legislature with the Director of the Legislative Counsel Bureau.
3. The Director of the Legislative Counsel Bureau shall:
(a) Index the records;
(b) Make the records available for accessing by any person during office hours under such reasonable conditions as he may deem necessary;
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ê2001 Statutes of Nevada Special Session, Page 410ê
(c) Maintain a log as a public record containing the date, time, name and address of any person accessing any of the records and identifying the records accessed; and
(d) Retain the records for two bienniums and at the end of that period keep some form or copy of the record in any manner he deems reasonable to ensure access to the record in the foreseeable future.
REDISTRICTING
Rule No. 14. Responsibility for Measures.
1. Measures setting forth specific boundaries of the state legislative districts, congressional districts, districts for the Board of Regents or districts for the State Board of Education must be requested and introduced by the Joint Rules Committee.
2. Notwithstanding this Rule and Joint Rule No. 2, if the Majority Leader of the Senate and the Speaker of the Assembly jointly inform the Legislative Counsel that the Joint Rules Committee is unable to agree upon a request for the drafting of measures setting forth specific boundaries of the state legislative districts, congressional districts, districts for the Board of Regents or districts for the State Board of Education, the Majority Leader of the Senate and the Speaker of the Assembly may each request one bill draft setting forth the specific boundaries of the state legislative districts and the congressional districts and one bill draft setting forth the specific boundaries of the districts for the Board of Regents and the districts of the State Board of Education.
Rule No. 14.1. Equality of Representation.
1. In order to meet constitutional guidelines for deviations in population among state legislative districts, no plan, or proposed amendment thereto, will be considered that results in an overall range of deviation of 10 percent or more, or a relative deviation in excess of plus or minus 5 percent from the ideal district population.
2. The population of each of the Nevada congressional districts must be as nearly equal as is practicable. Any population deviation among the congressional districts from the ideal district population must be necessary to achieve some legitimate state objective. Legitimate state objectives, as judicially determined, include making districts compact, respecting municipal boundaries, preserving the cores of prior districts and avoiding contests between incumbent representatives. In order to meet constitutional guidelines for congressional districts, no plan, or proposed amendment thereto, will be considered that results in an overall range of deviation in excess of 1 percent, or a relative deviation in excess of plus or minus one-half percent from the ideal district population.
3. Equality of population in accordance with the standard for state legislative districts is the goal of redistricting for the State Board of Education and the Board of Regents.
Rule No. 14.2. Population Database.
1. The total state population, and the population of defined subunits thereof, as determined by the 2000 federal decennial census must be the exclusive database for redistricting by the Nevada Legislature.
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ê2001 Statutes of Nevada Special Session, Page 411ê
2. Such 2000 census data as validated by the staff of the Legislative Counsel Bureau must be the exclusive database used for the evaluation of proposed redistricting plans for population equality.
Rule No. 14.3. Districts.
All district boundaries created by a redistricting plan must follow the census geography.
Rule No. 14.4. Compliance with the Voting Rights Act.
1. The legislature will not consider a plan that discernibly violates section 2 of the Voting Rights Act, codified as 42 U.S.C. § 1973(a), which prohibits any state from imposing any voting qualification, standard, practice or procedure that results in the denial or abridgment of any United States citizen’s right to vote on account of race, color or status as a member of a language minority group.
2. The legislature will not consider a plan that is discernibly racially gerrymandered. Racial gerrymandering exists when:
(a) Race is the dominant and controlling rationale in drawing district lines; and
(b) The Legislature subordinates traditional districting principles to racial considerations.
For the purposes of this subsection, “traditional districting principles” are those traditional redistricting principles that have been judicially recognized and include compactness of districts, contiguity of districts, preservation of political subdivisions, preservation of communities of interest, preservation of cores of prior districts, protection of incumbents and compliance with section 2 of the Voting Rights Act, 42 U.S.C. § 1973 (2).
3. For the purpose of analyzing the 2000 census data, the legislature shall adopt the method set forth in the Office of Management and Budget (OMB) Bulletin No. 00-02 for aggregating and allocating the 63 categories of race data that will be reported to Nevada by the United States Census Bureau as part of the federal decennial census.
Rule No. 14.5. Public Participation.
1. The Legislative Counsel Bureau shall make available to the public copies of the validated 2000 census database for the cost of reproducing the database.
2. The legislature shall make available for review by the public, copies of all maps prepared at the direction of the legislature.
LIMITATIONS ON REQUESTS FOR
DRAFTING OF LEGISLATIVE MEASURES
Rule No. 15. Limitations on Drafting and Requirements for Introduction; Duplicative Measures; Indication of Requester on Committee Introductions.
The Legislative Counsel shall honor only requests for the drafting of a bill, resolution or amendment that has been approved by a majority of the members of the Senate and a majority of the members of the Assembly appointed to the Joint Rules Committee.
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ê2001 Statutes of Nevada Special Session, Page 412ê
Rule No. 15.1. Amendments.
1. The Legislative Counsel shall not honor a request for the drafting of an amendment to a bill or resolution if the subject matter of the amendment is independent of, and not specifically related and properly connected to, the subject that is expressed in the title of the bill or resolution.
2. For the purposes of this Rule, an amendment is independent of, and not specifically related and properly connected to, the subject that is expressed in the title of a bill or resolution if the amendment relates only to the general, single subject that is expressed in that Title and not to the specific whole subject matter embraced in the bill or resolution.
CONTINUATION OF LEADERSHIP OF THE SENATE AND ASSEMBLY DURING THE INTERIM BETWEEN SESSIONS
Rule No. 16. Tenure and Performance of Statutory Duties.
1. Except as otherwise provided in subsections 2 and 3, the tenure of the President pro Tem, Majority Leader and Minority Leader of the Senate and the Speaker, Speaker pro Tem, Majority Floor Leader and Minority Floor Leader of the Assembly extends during the interim between regular sessions of the Legislature.
2. The Senators designated to be the President pro Tem, Majority Leader and Minority Leader for the next succeeding regular session shall perform any statutory duty required in the period between the time of their designation after the general election and the organization of the next succeeding regular session of the Legislature if the Senator formerly holding the respective position is no longer a Legislator.
3. The Assemblymen designated to be the Speaker, Speaker pro Tem, Majority Floor Leader and Minority Floor Leader for the next succeeding regular session shall perform any statutory duty required in the period between the time of their designation after the general election and the organization of the next succeeding regular session.
POLICY AND PROCEDURES REGARDING SEXUAL HARASSMENT
Rule No. 17. Maintenance of Working Environment; Procedure for Filing, Investigating and Taking Remedial Action on Complaints.
1. The Legislature hereby declares its intention to maintain a working environment which is free from sexual harassment. This policy applies to all legislators and lobbyists. Each member and lobbyist is responsible to conduct himself or herself in a manner which will ensure that others are able to work in such an environment.
2. In accordance with Title VII of the Civil Rights Act, for the purposes of this rule, “sexual harassment” means unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature when:
(a) Submission to such conduct is made either explicitly or implicitly a term or condition of a person’s employment;
(b) Submission to or rejection of such conduct by a person is used as the basis for employment decisions affecting the person; or
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ê2001 Statutes of Nevada Special Session, Page 413ê
(c) Such conduct has the purpose or effect of unreasonably interfering with a person’s work performance or creating an intimidating, hostile or offensive working environment.
3. Each person subject to these rules must exercise his own good judgment to avoid engaging in conduct that may be perceived by others as sexual harassment. The following noninclusive list provides illustrations of conduct that the Legislature deems to be inappropriate:
(a) Verbal conduct such as epithets, derogatory comments, slurs or unwanted sexual advances, invitations or comments;
(b) Visual conduct such as derogatory posters, photography, cartoons, drawings or gestures;
(c) Physical conduct such as unwanted touching, blocking normal movement or interfering with the work directed at a person because of his sex;
(d) Threats and demands to submit to sexual requests to keep a person’s job or avoid some other loss, and offers of employment benefits in return for sexual favors; and
(e) Retaliation for opposing, reporting or threatening to report sexual harassment, or for participating in an investigation, proceeding or hearing conducted by the Legislature or the Nevada Equal Rights Commission or the federal Equal Employment Opportunity Commission,
when submission to such conduct is made either explicitly or implicitly a term or condition of a person’s employment or submission to or rejection of such conduct by a person is used as the basis for employment decisions affecting the person or such conduct has the purpose or effect of unreasonably interfering with a person’s work performance or creating an intimidating, hostile or offensive working environment.
4. A person may have a claim of sexual harassment even if he has not lost a job or some other economic benefit. Conduct that impairs a person’s ability to work or his emotional well-being at work constitutes sexual harassment.
5. If a legislator believes he is being sexually harassed on the job, he may file a written complaint with:
(a) The Speaker of the Assembly;
(b) The Majority Leader of the Senate; or
(c) The Director of the Legislative Counsel Bureau, if the complaint involves the conduct of the Speaker of the Assembly or the Majority Leader of the Senate.
The complaint must include the details of the incident or incidents, the names of the persons involved and the names of any witnesses.
6. Except as otherwise provided in subsection 7, the Speaker of the Assembly or the Majority Leader of the Senate, as appropriate, shall refer a complaint received pursuant to subsection 5 to a committee consisting of legislators of the same House. A complaint against a lobbyist may be referred to a committee in either House.
7. If the complaint involves the conduct of the Speaker of the Assembly or the Majority Leader of the Senate, the Director of the Legislative Counsel Bureau shall refer the complaint to the Joint Rules Committee. If the Speaker of the Assembly or the Majority Leader of the Senate is a member of this committee, the Speaker or the Majority Leader, as the case may be, shall not participate in the investigation and resolution of the complaint.
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ê2001 Statutes of Nevada Special Session, Page 414ê
8. The committee to which the complaint is referred shall immediately conduct a confidential and discreet investigation of the complaint. As a part of the investigation, the Committee shall notify the accused of the allegations. The committee shall facilitate a meeting between the complainant and the accused to allow a discussion of the matter, if both agree. If the parties do not agree to such a meeting, the committee shall request statements regarding the complaint from each of the parties. Either party may request a hearing before the committee. The committee shall make its determination and inform the complainant and the accused of its determination as soon as practicable after it has completed its investigation.
9. If the investigation reveals that sexual harassment has occurred, the Legislature will take appropriate disciplinary or remedial action, or both. The committee shall inform the complainant of any action taken. The Legislature will also take any action necessary to deter any future harassment.
10. The Legislature will not retaliate against a person who files a complaint and will not knowingly permit any retaliation by the person’s supervisors or coworkers.
11. The Legislature encourages a person to report any incident of sexual harassment immediately so that the complaint can be quickly and fairly resolved.
12. Action taken by a complainant pursuant to this rule does not prohibit the complainant from also filing a complaint of sexual harassment with the Nevada Equal Rights Commission or the federal Equal Employment Opportunity Commission.
13. All legislators and lobbyists are responsible for adhering to the provisions of this policy. The prohibitions against engaging in sexual harassment and the protections against becoming a victim of sexual harassment set forth in this policy apply to employees, legislators, lobbyists, vendors, contractors, customers and visitors to the Legislature.
14. This policy does not create any enforceable legal rights in any person.
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Senate Resolution No. 1–Senator Raggio
FILE NUMBER 10
Senate RESOLUTION—Adopting the Rules of the Senate for the 17th Special Session of the Legislature.
Resolved by the Senate of the State of Nevada, That the following Rules of the Senate for the 17th Special Session of the Legislature are hereby adopted:
I. APPLICABILITY
Rule No. 1. Generally.
The Rules of the Senate for the 17th Special Session of the Legislature are applicable only during the 17th Special Session of the Legislature.
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ê2001 Statutes of Nevada Special Session, Page 415ê
II. OFFICERS AND EMPLOYEES
Duties of Officers
Rule No. 2. President.
The President shall take the chair and call the Senate to order precisely at the hour appointed for meeting. He shall preserve order and decorum, and in case of any disturbance or disorderly conduct within the Senate Chamber, shall order the Sergeant at Arms to suppress it, and may order the arrest of any person creating any disturbance within the Senate Chamber. He may speak to points of order in preference to members, rising from his seat for that purpose, and shall decide questions of order without debate, subject to an appeal to the Senate by two members, on which appeal no member may speak more than once without leave of the Senate. He shall sign all acts, addresses and joint resolutions, and all writs, warrants and subpoenas issued by order of the Senate; all of which must be attested by the Secretary. He has general direction of the Senate Chamber.
Rule No. 3. President pro Tem.
The President pro Tem has all the power and shall discharge all the duties of the President during his absence or inability to discharge the duties of his office. In the absence or inability of the President pro Tem to discharge the duties of the President’s office, the Senate shall elect one of its members as the presiding officer for that occasion.
Rule No. 4. Secretary.
1. The Secretary of the Senate is elected by the Senate, and shall:
(a) Interview and recommend persons to be considered for employment to assist the Secretary.
(b) See that these employees perform their respective duties.
(c) Administer the daily business of the Senate, including the provision of secretaries as needed.
(d) Unless otherwise ordered by the Senate, transmit as soon as practicable those bills and resolutions upon which the next action is to be taken by the Assembly.
2. The Secretary is responsible to the Majority Leader.
Rule No. 5. Sergeant at Arms.
1. The Sergeant at Arms shall attend the Senate during its sittings, and execute its commands and all process issued by its authority. He must be sworn to keep the secrets of the Senate.
2. The Sergeant at Arms shall:
(a) Superintend the upkeep of the Senate’s Chamber, private lounge, and meeting rooms.
(b) Interview and recommend persons to be considered for employment to assist the Sergeant at Arms.
3. The Sergeant at Arms is responsible to the Majority Leader.
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ê2001 Statutes of Nevada Special Session, Page 416ê
Rule No. 6. Assistant Sergeant at Arms.
The Assistant Sergeant at Arms shall be doorkeeper and shall preserve order in the Senate Chamber and shall assist the Sergeant at Arms. He shall be sworn to keep the secrets of the Senate.
III. SESSIONS AND MEETINGS
Rule No. 7. Call of Senate—Moved by Three Members.
A Call of the Senate may be moved by three Senators, and if carried by a majority of all present, the Secretary shall call the roll and note the absentees, after which the names of the absentees shall again be called over. The doors shall then be closed and the Sergeant at Arms directed to take into custody all who may be absent without leave, and all Senators so taken into custody shall be presented at the bar of the Senate for such action as to the Senate may seem proper.
Rule No. 8. Absence—Leave Required.
No Senator shall absent himself from the service of the Senate without leave, except in case of accident or sickness, and if any Senator or officer shall so absent himself his per diem shall not be allowed him.
Rule No. 9. Open Meetings.
1. Except as provided in the Constitution of the State of Nevada and in subsection 2 of this rule, all meetings of the Senate and the Committee of the Whole must be open to the public.
2. A meeting may be closed to consider the character, alleged misconduct, professional competence, or physical or mental health of a person.
IV. DECORUM AND DEBATE
Rule No. 10. Points of Order.
1. If any Senator, in speaking or otherwise, transgresses the rules of the Senate, the President shall, or any Senator may, call him to order. If a Senator is so called to order, he shall not proceed without leave of the Senate. If such leave is granted, it must be upon the motion, “That he be allowed to proceed in order,” and the Senator shall confine himself to the question under consideration and avoid personality.
2. Every decision of points of order made by the President is subject to appeal, and a discussion of a question of order may be allowed only upon the appeal of two Senators. In all cases of appeal, the question must be, “Shall the decision of the Chair stand as the judgment of the Senate?”
Rule No. 11. Breaches of Decorum.
1. In cases of breaches of decorum or propriety, any Senator, officer or other person is liable to such censure or punishment as the Senate may deem proper.
2. If any Senator is called to order for offensive or indecorous language or conduct, the person calling him to order shall report the offensive or indecorous language or conduct to the presiding officer. No member may be held to answer for any language used on the floor of the Senate if business has intervened before exception to the language was taken.
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ê2001 Statutes of Nevada Special Session, Page 417ê
Senate if business has intervened before exception to the language was taken.
3. Indecorous conduct or boisterous or unbecoming language is not permitted in the Senate Chamber.
V. QUORUM, VOTING, ELECTIONS
Rule No. 12. Recorded Vote—Three Required to Call For.
1. A recorded vote must be taken upon final passage of a bill or joint resolution, and in any other case when called for by three members. Every Senator within the bar of the Senate shall vote “aye” or “no” or record himself as “not voting,” unless excused by unanimous vote of the Senate.
2. The votes and names of those absent or recorded as “not voting” and the names of Senators demanding the recorded vote must be entered in the Journal.
Rule No. 13. President to Decide—Tie Vote.
A question is lost by a tie vote, but when the Senate is equally divided on any question except the passage of a bill or joint resolution, the President may give the deciding vote.
Rule No. 14. Manner of Election—Voting.
1. In all cases of election by the Senate, the vote must be taken viva voce. In other cases, if a vote is to be recorded, it may be taken by oral roll-call or by electronic recording.
2. When a recorded vote is taken, no Senator may:
(a) Vote except when at his seat;
(b) Vote upon any question in which he is in any way personally or directly interested;
(c) Explain his vote or discuss the question while the voting is in progress; or
(d) Change his vote after the result is announced.
3. The announcement of the result of any vote must not be postponed.
VI. LEGISLATIVE BODIES
Rule No. 15. Committee of the Whole.
1. All bills and resolutions may be referred to the Committee of the Whole.
2. In forming the Committee of the Whole, the Majority Leader shall name a chairman to preside.
3. At any stage in the proceedings of the Committee of the Whole, a member of the committee may speak only once on the question under consideration, for a period of not more than 10 minutes, unless he is granted leave of the chairman to speak more than once. If a member is granted leave to speak more than once, the chairman may limit the length of time that member may speak.
4. All amendments proposed by the committee:
(a) Must first be approved by a majority of the members of the Senate and a majority of the members of the Assembly appointed to the Joint Rules Committee for the 17th Special Session of the Legislature.
(b) Must be reported by the chairman to the Senate.
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ê2001 Statutes of Nevada Special Session, Page 418ê
Rule No. 16. Rules Applicable to Committee of the Whole.
The Rules of the Senate shall apply to proceedings in Committee of the Whole, except that the previous question shall not be ordered, nor the ayes and noes demanded. Messages may be received by the President while the committee is sitting; in which case the President will resume the chair, receive the message, and vacate the chair in favor of the chairman of the committee.
Rule No. 17. Motion to Rise Committee of the Whole.
A motion that the committee rise shall always be in order, and shall be decided without debate.
VII. RULES GOVERNING MOTIONS
A. Motions Generally
Rule No. 18. Entertaining.
1. No motion may be debated until it is announced by the President.
2. By consent of the Senate, a motion may be withdrawn before amendment or decision.
Rule No. 19. Precedence of Motions.
When a question is under debate no motion shall be received but the following, which shall have precedence in the order named:
1. To adjourn.
2. For a call of the Senate.
3. To lay on the table.
4. For the previous question.
5. To postpone to a day certain.
6. To commit.
7. To amend.
8. To postpone indefinitely.
The first four shall be decided without debate.
Rule No. 20. When Not Entertained.
1. When a motion to commit, to postpone to a day certain, or to postpone indefinitely has been decided, it must not be again entertained on the same day.
2. When a question has been postponed indefinitely, it must not again be introduced during the special session unless this rule is suspended by a two-thirds vote.
3. There must be no reconsideration of a vote on a motion to postpone indefinitely.
B. Particular Motions
Rule No. 21. To Adjourn.
A motion to adjourn shall always be in order. The name of the Senator moving to adjourn, and the time when the motion was made, shall be entered in the Journal.
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ê2001 Statutes of Nevada Special Session, Page 419ê
Rule No. 22. Lay on the Table.
A motion to lay on or take from the table shall be carried by a majority vote.
Rule No. 23. To Strike Enacting Clause.
A motion to strike out the enacting clause of a bill or resolution has precedence over a motion to commit or amend. If a motion to strike out the enacting clause of a bill or resolution is carried, the bill or resolution is rejected.
Rule No. 24. Division of Question.
1. Any Senator may call for a division of a question.
2. A question must be divided if it embraces subjects so distinct that if one subject is taken away, a substantive proposition remains for the decision of the Senate.
3. A motion to strike out and insert must not be divided.
Rule No. 25. Explanation of Motion.
Whenever a Senator moves to change the usual disposition of a bill or resolution, he shall describe the subject of the bill or resolution and state the reasons for his requesting the change in the processing of the bill or resolution.
VIII. DEBATE
Rule No. 26. Speaking on Question.
1. Every Senator who speaks shall, standing in his place, address “Mr. or Madam President,” in a courteous manner, and shall confine himself to the question before the Senate. When he has finished, he shall sit down.
2. No Senator may speak:
(a) More than twice during the consideration of any one question on the same day, except for explanation.
(b) A second time without leave when others who have not spoken desire the floor.
3. Incidental and subsidiary questions arising during debate shall not be considered the same question.
Rule No. 27. Previous Question.
The previous question shall not be put unless demanded by three Senators, and it shall be in this form: “Shall the main question be now put?” When sustained by a majority of Senators present it shall put an end to all debate and bring the Senate to a vote on the question or questions before it, and all incidental questions arising after the motion was made shall be decided without debate. A person who is speaking on a question shall not while he has the floor move to put that question.
IX. CONDUCT OF BUSINESS
A. Generally
Rule No. 28. Mason’s Manual.
The rules of parliamentary practice contained in Mason’s Manual of Legislative Procedure shall govern the Senate in all cases in which they are applicable and in which they are not inconsistent with the rules and orders of the Senate for the 17th Special Session of the Legislature, and the Joint Rules of the Senate and Assembly for the 17th Special Session of the Legislature.
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ê2001 Statutes of Nevada Special Session, Page 420ê
are applicable and in which they are not inconsistent with the rules and orders of the Senate for the 17th Special Session of the Legislature, and the Joint Rules of the Senate and Assembly for the 17th Special Session of the Legislature.
Rule No. 29. Suspension of Rule.
No rule or order of the Senate for the 17th Special Session of the Legislature shall be rescinded or changed without a vote of two-thirds of the Senate and one day’s notice of the motion therefor; but a rule or order may be temporarily suspended for a special purpose by a vote of two-thirds of the members present. When the suspension of a rule is called for, and after due notice from the President no objection is offered, he can announce the rule suspended and the Senate may proceed accordingly; but this shall not apply to that portion of Senate Rule No. 37 of the 17th Special Session of the Legislature relating to the third reading of bills, which cannot be suspended.
Rule No. 30. Protest.
Any Senator, or Senators, may protest against the action of the Senate upon any question, and have such protest entered in the Journal.
Rule No. 31. Privilege of the Floor.
1. To preserve decorum and facilitate the business of the Senate, only the following persons may be present on the floor of the Senate during formal sessions:
(a) State officers;
(b) Officers and members of the Senate;
(c) Employees of the Legislative Counsel Bureau;
(d) Attachés and employees of the Senate; and
(e) Members of the Assembly whose presence is required for the transaction of business.
2. Guests of Senators must be seated in a section of the upper or lower gallery of the Senate Chamber to be specially designated by the Sergeant at Arms. The Majority Leader may specify special occasions when guests may be seated on the floor of the Senate with a Senator.
3. A majority of Senators may authorize the President to have the Senate Chamber cleared of all persons except Senators and officers of the Senate.
4. The Senate Chamber may not be used for any business other than legislative business during a legislative session.
Rule No. 32. Material Placed on Legislators’ Desks.
1. Only the Sergeant at Arms and officers and employees of the Senate may place papers, letters, notes, pamphlets and other written material upon a Senator’s desk. Such material must contain the name of the Legislator requesting the placement of the material on the desk or a designation of the origin of the material.
2. This rule does not apply to books containing the legislative bills and resolutions, the daily histories and daily journals of the Senate or Assembly, or Legislative Counsel Bureau material.
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ê2001 Statutes of Nevada Special Session, Page 421ê
Rule No. 33. Petitions and Memorials.
The contents of any petition or memorial shall be briefly stated by the President or any Senator presenting it. It shall then lie on the table or be referred, as the President or Senate may direct.
Rule No. 34. Objection to Reading of Paper.
Where the reading of any paper is called for, and is objected to by any Senator, it shall be determined by a vote of the Senate, and without debate.
Rule No. 35. Questions Relating to Priority of Business.
All questions relating to the priority of business shall be decided without debate.
B. Bills
Rule No. 36. Skeleton Bills.
Skeleton bills may not be introduced.
Rule No. 37. Reading of Bills.
1. Every bill must receive three readings before its passage, unless, in case of emergency, this rule is suspended by a two-thirds vote.
2. The first reading of a bill is for information, and if there is opposition to the bill, the question must be, “Shall this bill be rejected?” If there is no opposition to the bill, or if the question to reject is defeated, the bill must then take the usual course.
3. No bill may be committed until once read, nor amended until twice read.
4. The third reading of every bill must be by sections.
Rule No. 38. Second Reading File—Consent Calendar.
1. All bills or joint resolutions reported by the Committee of the Whole must be placed on a second reading file unless recommended for placement on the consent calendar.
2. The Committee of the Whole shall not recommend a bill or joint resolution for placement on the consent calendar if:
(a) An amendment of the bill or joint resolution is recommended;
(b) It contains an appropriation;
(c) It requires a two-thirds vote of the Senate; or
(d) It is controversial in nature.
3. A bill or joint resolution must be removed from the consent calendar at the request of any Senator. A bill or joint resolution so removed must be immediately placed on the second reading file for consideration in the usual order of business.
4. When the consent calendar is called, the bills remaining on the consent calendar must be read by number and summary, and the vote must be taken on their final passage as a group.
Rule No. 39. Printing.
Five hundred copies of all bills and resolutions of general interest must be printed for the use of the Senate and Assembly. Such other matter must be printed as may be ordered by the Senate.
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ê2001 Statutes of Nevada Special Session, Page 422ê
Rule No. 40. Reading of Bills—General File.
1. Upon reading of bills on the second reading file, Senate and Assembly bills reported without amendments must be placed on the general file. Amendments proposed by the Committee of the Whole and reported with bills must be considered upon their second reading and such amendments may be adopted by a majority vote of the members present. Bills so amended must be reprinted, engrossed or reengrossed, and placed on the general file. The file must be posted in the Senate Chamber and made available to members of the public each day by the Secretary.
2. Any member may move to amend a bill during its reading on the second reading file or during its third reading if the amendment is first approved by a majority of the members of the Senate and a majority of the members of the Assembly appointed to the Joint Rules Committee for the 17th Special Session of the Legislature, and the motion to amend may be adopted by a majority vote of the members present. Bills so amended on second reading must be treated the same as bills with amendments proposed by the Committee of the Whole. Any bill so amended upon the general file must be reprinted and engrossed or reengrossed.
3. Unless otherwise ordered by the Senate, five hundred copies of all amended bills must be printed.
Rule No. 41. Reconsideration of Vote on Bill.
No motion to reconsider a vote is in order.
C. Resolutions
Rule No. 42. Treated as Bills.
Resolutions addressed to Congress, or to either House thereof, or to the President of the United States, or the heads of any of the national departments, or proposing amendments to the State Constitution are subject, in all respects, to the foregoing rules governing the course of bills. A joint resolution proposing an amendment to the constitution shall be entered in the journal in its entirety.
Rule No. 43. Treated as Motions.
Resolutions, other than those referred to in Senate Rule No. 42 of the 17th Special Session of the Legislature, shall be treated as motions in all proceedings of the Senate.
Rule No. 44. Order of Business.
1. Roll Call.
2. Prayer and Pledge of Allegiance to the Flag.
3. Reading and Approval of the Journal.
4. Reports of the Committee of the Whole.
5. Messages from the Governor.
6. Messages from the Assembly.
7. Communications.
8. [Reserved.]
9. Motions, Resolutions and Notices.
10. Introduction, First Reading and Reference.
11. Consent Calendar.
12. Second Reading and Amendment.
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ê2001 Statutes of Nevada Special Session, Page 423ê
13. General File and Third Reading.
14. Unfinished Business.
15. Special Orders of the Day.
16. Remarks from the Floor; Introduction of Guests.
Rule No. 45. Privilege.
Any Senator may rise and explain a matter personal to himself by leave of the President, but he shall not discuss any pending question in such explanation.
Rule No. 46. Preference to Speak.
When two or more Senators rise at the same time the President shall name the one who may first speak—giving preference, when practicable, to the mover or introducer of the subject under consideration.
Rule No. 47. Special Order.
The President shall call the Senate to order on the arrival of the time fixed for the consideration of a special order, and announce that the special order is before the Senate, which shall be considered, unless it be postponed by a two-thirds vote, and any business before the Senate at the time of the announcement of the special order shall go to Unfinished Business.
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Senate Resolution No. 2–Senators Raggio and Titus
FILE NUMBER 11
Senate RESOLUTION—Providing for the appointment of attachés.
Resolved by the Senate of the State of Nevada, That the following persons are elected as attachés of the Senate for the 17th Special Session of the Legislature of the State of Nevada: Mary Jo Mongelli, Ann-Berit Moyle, Mary R. Phillips, Molly Dondero, Susan S. Whitford, Gerry Selover, Charles P. Welsh, John D. Turner, Ronald Sandoval and Evelyn Mattheus.
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Senate Resolution No. 3–Senators Raggio and Titus
FILE NUMBER 12
Senate RESOLUTION—Providing that no allowances will be paid for the 17th Special Session of the Legislature for periodicals, stamps, stationery or communications.
Resolved by the Senate of the State of Nevada, That for the 17th Special Session of the Legislature of the State of Nevada, no allowances will be paid for members of the Senate for periodicals, stamps, stationery or the use of telephones, and that no allowances will be paid for the President Pro Tempore, Majority Leader, Minority Leader or chairman of a committee of the Senate for postage, telephone tolls or other charges for communications.
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