Journal
of the
SENATE of the State
of Nevada
SEVENTEENTH SPECIAL SESSION
THE FIRST DAY
Carson City(Thursday), June 14, 2001
Senate called to order at 10:39 a.m.
President Hunt presiding.
Prayer by Senator Lawrence E. Jacobsen.
Oh gracious Father, as we bow our heads on this beautiful day we give thanks for all those many blessings that we all take for granted. It has been said many times that each one of us pray in a different way. Add Your thoughts to mine as I ramble along.
Oh gracious Father, it is said that we pray best when we are alone, when we are sad, when we suffer pain, when we are afraid or when we are scared.
Oh gracious Father, may we always place our faith in Thee, and when those occasions occur on the passing of a member of the family, a friend or neighbor show us the way, and may it always be Thy way.
Oh gracious Father, as we bow our heads on this special occasion, for all of us, it is a special day. It is a day in which we will face challenges; a day we will have decisions to make, and as we proceed in this Special Session, give us the courage and the ability to stop, look and listen to believe what we hear, to be a part of it. As we look at reapportionment, give us the ability to be honest, to be fair and especially to be concerned with all of Nevada.
Oh gracious Father, we have a couple of other wishes that I would like to extend and that is that You continue to keep and bless those in the service of this great country of ours. Above all else, oh gracious Father, please make sure that this great country, our State and our home are always safe and free.
Oh gracious Father, I end this prayer this morning by asking You to bless each and every one of us. We, especially, want to put our blessing on those who serve us, the wonderful ladies at the front desk, all those who serve as Sergeant of Arms, our staff people with the counsel bureau, our secretaries, our grounds people because there is no more beautiful place than this Legislative Building and the grounds. May we always protect it.
Oh gracious Father, as we go on our way this morning, always keep us strong, always make certain we are safe, keep us free and gracious Father, always close to Thee.
Amen.
Pledge of allegiance to the Flag.
MOTIONS, RESOLUTIONS AND NOTICES
Madam President requested Mrs. Claire J. Clift to serve as temporary Secretary of the Senate and Mr. Charles P. Welsh to serve as temporary Sergeant at Arms.
Madam President instructed the temporary Secretary to call the roll of the Senators.
Roll called.
All present.
Senator Raggio moved that the organization of the Senate 2001 Session of the Nevada Legislature be designated as the organization of the Seventeenth Special Session of the Nevada Legislature.
Motion carried.
Senator Raggio moved that the Secretary of the Senate be instructed to insert the Seventeenth Special Session organization in the Journal of the Senate, as outlined in the handout located on each Senator’s desk.
Motion carried.
PRESIDENT PRO TEMPORE OF THE SENATE―
Senator Lawrence E. Jacobsen
MAJORITY FLOOR LEADER―
Senator William J. Raggio
ASSISTANT MAJORITY FLOOR LEADER―
Senator Raymond D. Rawson
MAJORITY WHIP―
Senator Maurice E. Washington
ASSISTANT MAJORITY WHIP―
Senator Mark E. Amodei
MINORITY FLOOR LEADER―
Senator Dina Titus
ASSISTANT MINORITY FLOOR LEADER―
Senator Bernice Mathews
MINORITY WHIP―
Senator Valerie Wiener
SECRETARY OF THE SENATE―
Claire J. Clift
Madam President appointed Senators Care, Carlton and Amodei as a committee of three to inform the Governor that the Senate is organized and ready for business.
Madam President appointed Senators O'Connell, Rhoads and Schneider as a committee of three to inform the Assembly that the Senate is organized and ready for business.
Senator Raggio moved that the following persons be accepted as accredited press representatives, and that they be assigned space at the press table and allowed the use of appropriate media facilities: Associated Press: Siobhan McDonough, Brendon Riley, John Wilkerson; Boulder City News: Chuck Baker; Capital News Service: Jonathan Wright; Carson City News: David Morgan; Citadel Communications: Adriana Diaz, David Marz; Comstock Chronicle/Cable News Service: Travis T. Hipp; Cover Edge: Michele Kane, Kevin Ross; Cox Communications: Steve Schorr; Donrey Capital Bureau: Ed Vogel, Sean Whaley; Electric Nevada & Electric America: Daniel Joseph, Tiffany Van der Stokker; Fernley Leader/Courier: Betty Aleck, Laura Tennant; Fox 5: Michael Baldwin, Don Lyle; Gaming Today: Chuck DiRocco; High Desert Advocate: Howard Copelan; The Humboldt Sun: Dave Woodson; KKOH: Kelly McAllister; KLAS-TV: George Knapp, Eric Sorenson; KOLO-TV: Karl Baker, Bruce Bolf, Brent Boynton, Jean Casarez, Beryl Chong, Jenee Conway, Mark Cronon, Beth Ford, Timothy Ill, Jeff Jones, Justin Kanno, Jodee Kenney, Darrell McComb, Edward Pearce, Terri Russell, Henry Wofford; KNPB-TV, KLVX-TV: Mitch Fox, Mike Garafolo, Jack Kelly, John Kirk, Bonnie Maclean, Rosemary McCarthy, Ethan Salter, Michelle Stander; KRNV TV: Wade Barnett, Ben Barnholdt, Kausic Bhakta, Victoria Campbell, Jeneene Chatowsky, Tina Cox, Karen Cuninghame, Jeff Deitch, Bill Frankmore, Matt Guccini, Joe Hart, Hayley Herst, Sarah Johns, Malayna Kerton, John Killoran, Renee Phillips, Aaron Rothkopf, Eduardo Rubio, Shelby Sheehan, Julie Simon, Mike Taylor, James Walker, Richard Worsley, Debbie Worthen, Jana Wyld, John Zuchelli; KTVN TV: Josh Brackett, Kerrie Cassani, Sherrie Cerutti, Angeline Chew, John Chrystal, Wendy Damonte, Chad Gasper, Jessie Harris, Brian Hickey, Kirsten Joyce, Gina Martini, John Mercer, Jose Pilarim, Tony Shin; Las Vegas Review–Journal: Amy Bennett, Kevin Cannon, John Edwards, John Gurzinski, Don Ham, Mary Hynes, Jim Laurie, Thomas Mitchell, Jan Moller, Craig Moran, Jane Ann Morrison, Jeff Scheid, Steve Sebelius, John Smith, Gary Thompson, Charles Zobell; Las Vegas Sun: Jeff German, Warren Johnston, Aaron Mayes, Erin Neff, Jace Radke, Cy Ryan, Susan Snyder; Lincoln County Record: Shelly Hartman, Connie Simkins; Lotus Broadcasting: Andrew Kolb; Lovelock Review–Miner/Nevada Rancher: Gwen Carter; Mason Valley News: Robert Perea, David Sanford, Keith Trout; Nevada Appeal: Geoff Dornan, Bob Thomas; Reno Gazette–Journal: Tim Anderson, Andy Barron, Jennifer Crowe, Tonia Cunning, Jeff Delong, Jeff Donaldson, Tim Dunn, Cory Farley, Ray Hagar, Janice Hoke, Sevil Hunter, Mark Lundahl, Elizabeth Margerum, Frank Mullen, Marilyn Newton, Bill O’Driscoll, David Parker, Scott Sady, John Smetana, Steve Smith, Steve Timko, Lisa Tolda, Candice Towell, Susan Voyles; Reno News & Review: Jimmy Boegle, Brian Burghart, Carli Cutchin, Kelley Lang, Deidre Pike, William Puchert, Adrienne Rice; Senior Spectrum Newspapers: Chris McMullen, Connie McMullen; Sierra Nevada Community Access TV: Don Alexander, Chris Jensen, John Ponzo, Earl Spriggs; Taspac News: Donna Andres, Peter Hutchinson; Sparks Tribune: Andrew Barbano; Virginia City Register: Terry Daisy, Gary Gehrm, Thomas Hunter, Bill Meakin, Bill Sjovangen, Douglas Truhill and We the People: Shayne Del Cohen.
Motion carried.
Madam President announced that if there were no objections, the Senate would recess subject to the call of the Chair.
Senate in recess at 10:48 a.m.
SENATE IN SESSION
At 10:50 a.m.
President Hunt presiding.
Quorum present.
A committee from the Assembly composed of Assemblymen Williams, Brower and Assemblywoman Leslie appeared before the bar of the Senate and announced that the Assembly was organized and ready for business.
Madam President announced that if there were no objections, the Senate would recess subject to the call of the Chair.
Senate in recess at 10:51 a.m.
SENATE IN SESSION
At 10:58 a.m.
President Hunt presiding.
Quorum present.
Senator Care reported that his committee had informed the Governor that the Senate is organized and ready for business.
Senator O’Connell reported that her committee had informed the Assembly that the Senate is organized and ready for business.
MESSAGES FROM THE GOVERNOR
State of Nevada
Executive Chamber
Carson City, Nevada
June 13, 2001
The Honorable William J. Raggio, Majority Leader, Nevada State Senate,
Legislative Building, Carson City, Nevada 89701-4747
To the members of the Nevada State Senate:
The Constitution of the State, in Article V, Section 9, provides that the Governor may on extraordinary occasions convene a Special Session of the Legislature by proclamation.
I am presenting this letter to set forth the purposes for which this Special Session of the Nevada Legislature has been convened. This Special Session has been convened to allow the Legislature to approve the redistricting plans required by law for the State of Nevada and to reconsider the matters within the legislation approved during the Seventy-First Session of the Nevada Legislature between 12:00 a.m. and 1:00 a.m., on June 5, 2001. During the Special Session, the Legislature may consider an appropriation to pay for the cost of the Special Session and any other matters brought to the attention of the Legislature by the Governor.
Section 9 of Article V of the Constitution also allows the Governor, during a Special Session, to call other legislative business to the attention of the Legislature. Pursuant to this constitutional authority, I would also present for consideration during this Special Session one matter set forth in Senate Bill No. 459. This bill contained an appropriation necessary for the development of a new criterion-referenced test for pupils in grade 8. This testing is mandatory and helps further the educational opportunities of our children. Therefore, I would also request that this matter be considered during the Special Session.
The Special Session should be completed in the shortest period of time and with the least possible expense to the taxpayers of Nevada. Best wishes in your deliberations.
Sincerely,
Kenny C. Guinn
MOTIONS, RESOLUTIONS AND NOTICES
Senator Raggio moved that the Secretary of the Senate dispense with the reading of the Governor’s Proclamation and that it be entered into the Journal for this legislative day.
Remarks by Senator Raggio.
Motion carried.
Messages from the Governor
State of Nevada
Office of the Governor
Executive Order
A PROCLAMATION BY THE GOVERNOR:
WHEREAS, Section 9 of Article V of the Constitution of the State of Nevada provides that, “The Governor may on extraordinary occasions, convene the Legislature by Proclamation and shall state to both houses when organized, the purpose for which they have been convened, and the Legislature shall transact no legislative business, except that for which they were specifically convened, or such other legislative business as the Governor may call to the attention of the Legislature while in Session;” and
WHEREAS, believing that an extraordinary occasion now exists which requires immediate action by the Legislature;
NOW, THEREFORE, I, KENNY C. GUINN, GOVERNOR OF THE STATE OF NEVADA, by virtue of the authority vested in me by Section 9 of Article V of the Constitution of the State of Nevada, do hereby convene the Legislature into a Special Session to approve the redistricting plans required by law for the State of Nevada and to reconsider the matters within the legislation approved during the Seventy-First Session of the Nevada Legislature between 12:00 a.m. and 1:00 a.m., on June 5, 2001. The matters that may be considered are as follows:
(1st Reprint) SENATE BILL NO. 109
AN ACT making an appropriation to the Interim Finance Committee for certain contractual services related to the financial reporting of school districts and charter schools; and providing other matters properly relating thereto.
(1st Reprint) SENATE BILL NO. 148
AN ACT relating to education; revising provisions relating to the achievement and proficiency examinations administered in public schools; revising provisions governing the increase of salary for a teacher who is certified by the National Board for Professional Teaching Standards; requiring the boards of trustees of school districts to pay the increase of salary retroactively under certain circumstances; authorizing under certain circumstances the employment of licensed teachers who do not hold endorsements in a particular subject area; requiring certain school districts to create and operate regional training programs for the professional development of teachers and administrators; creating the statewide council for the coordination of the regional training programs; authorizing under certain circumstances the licensure and employment of teachers who are not citizens of the United States; prohibiting persons from making certain threats to pupils and employees of school districts, charter schools and private schools; providing for the reimbursement of certain costs of teachers who acquire certification by the National Board for Professional Teaching Standards if money is made available; providing a penalty; and providing other matters properly relating thereto.
(3rd Reprint) SENATE BILL NO. 193
AN ACT relating to the department of prisons; allowing the director to establish a system for offender management in each institution and facility of the department; allowing the director to continue to develop and implement a program of facility training for correctional staff in each institution and facility of the department; changing the name of the department; and providing other matters properly relating thereto.
(3rd Reprint) SENATE BILL NO. 303
AN ACT relating to insurance for motor vehicles; specifying that any information except the name of the owner of a motor vehicle may be used as the primary means to verify that a motor vehicle is insured; providing that an operator’s policy of liability insurance may only be issued to certain persons; allowing the release of information related to insurance policies under certain circumstances; and providing other matters properly relating thereto.
(3rd Reprint) SENATE BILL NO. 366
AN ACT relating to mental health; providing for the establishment by a district court of a program for the treatment of mentally ill offenders; authorizing justices’ courts and municipal courts to transfer original jurisdiction of certain cases to the district court for the purpose of assigning offenders to the program of treatment; enacting various provisions pertaining to the program of treatment; and providing other matters properly relating thereto.
(2nd Reprint) SENATE BILL NO. 445
AN ACT making appropriations to the Peace Officers’ Standards and Training Commission for an analysis of job tasks and a study of physical fitness validation for peace officers and to the Department of Motor Vehicles and Public Safety for various information technology upgrades; and providing other matters properly relating thereto.
(2nd Reprint) SENATE BILL NO. 518
AN ACT relating to financial administration; revising the amounts paid to certain public officers and employees as allowances for certain expenses; making appropriations to the contingency fund to restore and increase the balance in the fund; making appropriations to the Interim Finance Committee to assist state agencies and school districts in paying for certain energy needs; and providing other matters properly relating thereto.
(As introduced) SENATE BILL NO. 588
AN ACT making an appropriation to the Interim Finance Committee to provide assistance to certain educational programs; and providing other matters properly relating thereto.
(3rd Reprint) ASSEMBLY BILL NO. 94
AN ACT relating to local governments; authorizing a county recorder to charge and collect an additional fee to pay for the acquisition and improvement of technology used in the office of the county recorder; requiring the county recorder to charge and collect an additional fee to assist persons formerly in foster care; increasing the amount of certain fees charged and collected by certain officials of local governments; creating an account in the department of human resources’ gift fund to assist persons formerly in foster care; and providing other matters properly relating thereto.
(2nd Reprint) ASSEMBLY BILL NO. 122
AN ACT relating to public employees; authorizing a leave of absence for certain public officers and employees to assist the division of emergency management of the department of motor vehicles and public safety or a local organization for emergency management during a disaster or emergency; authorizing payment for the unused sick leave of state employees that is accrued but not carried forward in certain circumstances; increasing the maximum authorized amount of money from the reserve for statutory contingency account that the state board of examiners may authorize for payment of the salary of a replacement officer or employee following the purchase of certain leave of a former officer or employee; and providing other matters properly relating thereto.
(4th Reprint) ASSEMBLY BILL NO. 133
AN ACT relating to real property; requiring an affidavit in support of an action concerning constructional defects against a design professional; and providing other matters properly relating thereto.
(1st Reprint) ASSEMBLY BILL NO. 232
AN ACT relating to the judiciary; establishing a judicial retirement system for certain justices of the supreme court and district court judges; providing a penalty; and providing other matters properly relating thereto.
(3rd Reprint) ASSEMBLY BILL NO. 271
AN ACT relating to the training of drivers; requiring the state board of education to adopt regulations governing automobile driver education in public schools; prohibiting certain younger drivers from transporting certain persons as passengers for a certain period after obtaining a driver’s license; requiring certain younger drivers to hold an instruction permit for a certain period before applying for a driver’s license; extending the period for which a person is authorized to hold an instruction permit; authorizing licensed schools for training drivers to use certain interactive technologies in lieu of actual classroom instruction; requiring an instructor of a school for training drivers to complete certain training before his license as an instructor may be renewed by the department of motor vehicles and public safety; and providing other matters properly relating thereto.
(3rd Reprint) ASSEMBLY BILL NO. 343
AN ACT relating to the protection of children; transferring certain duties of the division of child and family services of the department of human resources to an agency of the county in certain large counties; establishing a legislative committee on children, youth and families; making appropriations; and providing other matters properly relating thereto.
(1st Reprint) ASSEMBLY BILL NO. 405
AN ACT relating to education; expressing the sense of the Nevada Legislature regarding available methods to improve the reading proficiency of Nevada’s school children at an early grade level; and providing other matters properly relating thereto.
(2nd Reprint) ASSEMBLY BILL NO. 424
AN ACT relating to public highways; directing the Department of Transportation, Clark County and the City of Las Vegas to conduct certain assessments concerning the need for the abatement of traffic noise; and providing other matters properly relating thereto.
(5th Reprint) ASSEMBLY BILL NO. 460
AN ACT relating to transportation; revising provisions governing the remittance of fees by short-term lessors of passenger cars to the department of taxation; authorizing short-term lessors of passenger cars to charge a fee as reimbursement for payment of vehicle licensing fees and taxes; and providing other matters properly relating thereto.
(5th Reprint) ASSEMBLY BILL NO. 483
AN ACT relating to elections; requiring the secretary of state and each city clerk to design the form to be used by a candidate for reporting in kind campaign contributions and expenses; removing the requirement that campaign expenses under a certain amount be separately listed on forms for reporting; revising provisions governing the listing of certain categories of campaign expenses and expenditures; and providing other matters properly relating thereto.
(1st Reprint) ASSEMBLY BILL NO. 615
AN ACT relating to natural resources; directing the submission to a vote of the people of a proposal to issue state general obligation bonds to protect, preserve and obtain the benefits of the property and natural resources of this state; providing for the use of the proceeds if the issue is approved; creating the fund to protect natural resources; and providing other matters properly relating thereto.
(2nd Reprint) ASSEMBLY BILL NO. 653
AN ACT relating to taxation; revising the formula for the distribution of certain revenues among local governments; providing for an adjustment to the base allocation of certain local governments; extending the date for expiration of the legislative committee to study distribution among local governments of revenue from state and local taxes; requiring the advisory committee to the committee to conduct a study; and providing other matters properly relating thereto.
(4th Reprint) ASSEMBLY BILL NO. 661
AN ACT relating to energy; authorizing certain eligible customers to purchase electrical energy, capacity and certain ancillary services from providers of new electric resources; establishing the universal energy charge to fund low-income energy assistance and conservation; requiring certain retail customers to pay the universal energy charge; requiring certain public utilities and municipal utilities to perform certain functions related to the universal energy charge; creating the fund for energy assistance and conservation and setting forth the criteria to determine the eligibility of a household to receive assistance from money in the fund; authorizing certain agencies to render emergency assistance to households in certain circumstances; revising and repealing various provisions concerning the regulation of public utilities and the process of establishing and changing rates; expanding the public utilities commission of Nevada from three to five members; revising the authority of the commission to regulate mergers, acquisitions and certain other transactions involving public utilities and other entities; making various changes with respect to net metering; authorizing the director of the department of business and industry to issue industrial development revenue bonds for certain renewable energy generation projects; creating the task force for renewable energy and energy conservation and prescribing its membership and duties; creating the trust fund for renewable energy and energy conservation; creating the office of energy within the office of the governor; transferring control of the Nevada state energy office from the director of the department of business and industry to the office of energy within the office of the governor; requiring certain lodging establishments to include certain information concerning energy costs on their statement of rates; and providing other matters properly relating thereto.
(4th Reprint) ASSEMBLY BILL NO. 666
AN ACT relating to Nevada Revised Statutes; making technical corrections to inappropriate or inaccurate provisions; clarifying ambiguous provisions; and providing other matters properly relating thereto.
(1st Reprint) ASSEMBLY BILL NO. 669
AN ACT relating to liquor; authorizing a transfer of liquor between certain affiliated retailers; providing for the enforcement of certain provisions of chapter 369 of NRS; providing a civil penalty; and providing other matters properly relating thereto.
(1st Reprint) ASSEMBLY CONCURRENT RESOLUTION NO. 3
Assembly Concurrent RESOLUTION—Directing the Legislative Commission to conduct an interim study concerning misdemeanors.
(1st Reprint) ASSEMBLY CONCURRENT RESOLUTION NO. 21
Assembly Concurrent RESOLUTION—Directing the Legislative Commission to conduct an interim study of issues regarding the death penalty and related DNA testing.
(As introduced) ASSEMBLY CONCURRENT RESOLUTION NO. 42
Assembly Concurrent RESOLUTION—Establishing the Governor’s Task Force on Tax Policy in Nevada.
(3rd Reprint) ASSEMBLY JOINT RESOLUTION NO. 14
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.
(1st Reprint) SENATE JOINT RESOLUTION NO. 20 of the 70th Session
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.
During the Special Session, the Legislature may also consider an appropriation to pay for the cost of the Special Session and any other matters brought to the attention of the Legislature by the Governor. The Special Session shall begin at 10:00 a.m. on June 14, 2001.
IN WITNESS WHEREOF, I have hereunto set my hand and caused the great seal of the state of Nevada to be affixed at the state capitol in Carson City this 13th day of June, in the year two thousand one
Kenny C. Guinn
Dean Heller
Donald J. Reis
MOTIONS, RESOLUTIONS AND NOTICES
By Senator Raggio:
Senate Resolution No. 1—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:
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.
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.
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.
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.
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.
3. Indecorous conduct or boisterous or unbecoming language is not permitted in the Senate Chamber.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
Senator Raggio moved the adoption of the resolution.
Remarks by Senators Raggio and Neal.
Motion carried.
By Senators Raggio and Titus:
Senate Resolution No. 2—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.
Senator Raggio moved the adoption of the resolution.
Motion carried.
By Senators Raggio and Titus:
Senate Resolution No. 3—Providing that no allowances will be paid for the 17th Special Session of the Legislature for periodicals, stamps, stationery or communications.
Senator Raggio moved the adoption of the resolution.
Remarks by Senator Raggio.
Motion carried.
By Senators Raggio and Titus:
Senate Concurrent Resolution No. 1—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. 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.
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.
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?” 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;
(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.
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.
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
(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.
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.
Senator Raggio moved adoption of the resolution.
Remarks by Senator Raggio.
Motion carried.
Senator Raggio moved that all rules be suspended and that Senate Concurrent Resolution No. 1 be immediately transmitted to the Assembly.
Motion carried unanimously.
President Hunt appointed Senators Raggio, Rawson and Titus to serve as the Joint Rules Committee.
INTRODUCTION, FIRST READING AND REFERENCE
By Senators Raggio and Titus:
Senate Bill No. 1—AN ACT making an appropriation to the legislative fund for the costs of the 17th Special Session; and providing other matters properly relating thereto.
Senator Raggio moved that all rules be suspended, reading so far had considered first reading, rules be further suspended, Senate Bill No. 1 be declared an emergency measure under the Constitution and placed on third reading and final passage.
Remarks by Senator Raggio.
Motion carried unanimously.
GENERAL FILE AND THIRD READING
Senate Bill No. 1.
Bill read third time.
Roll call on Senate Bill No. 1:
Yeas—20.
Nays—Neal.
Senate Bill No. 1 having received a constitutional majority, Madam President declared it passed.
Senator Raggio moved that all rules be suspended and that Senate Bill No. 1 be immediately transmitted to the Assembly.
Motion carried unanimously.
MOTIONS, RESOLUTIONS AND NOTICES
By the Committee on Joint Rules:
Senate Joint Resolution No. 1—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
Senator Raggio moved that the resolution be referred to the Committee of the Whole.
Motion carried.
INTRODUCTION, FIRST READING AND REFERENCE
By the Committee on Joint Rules:
Senate Bill No. 2—AN ACT making an appropriation to the Interim Finance Committee for certain contractual services related to the financial reporting of school districts and charter schools; and providing other matters properly relating thereto.
Senator Raggio moved that the bill be referred to the Committee of the Whole.
Motion carried.
By the Committee on Joint Rules:
Senate Bill No. 3—AN ACT relating to education; revising provisions relating to the achievement and proficiency examinations administered in public schools; revising provisions governing the increase of salary for a teacher who is certified by the National Board for Professional Teaching Standards; requiring the boards of trustees of school districts to pay the increase of salary retroactively under certain circumstances; authorizing under certain circumstances the employment of licensed teachers who do not hold endorsements in a particular subject area; requiring certain school districts to create and operate regional training programs for the professional development of teachers and administrators; creating the statewide council for the coordination of the regional training programs; authorizing under certain circumstances the licensure and employment of teachers who are not citizens of the United States; prohibiting persons from making certain threats to pupils and employees of school districts, charter schools and private schools; providing for the reimbursement of certain costs of teachers who acquire certification by the National Board for Professional Teaching Standards if money is made available; providing a penalty; and providing other matters properly relating thereto.
Senator Raggio moved that the bill be referred to the Committee of the Whole.
Motion carried.
By the Committee on Joint Rules:
Senate Bill No. 4—AN ACT relating to the department of prisons; allowing the director to establish a system for offender management in each institution and facility of the department; allowing the director to continue to develop and implement a program of facility training for correctional staff in each institution and facility of the department; changing the name of the department; and providing other matters properly relating thereto.
Senator Raggio moved that the bill be referred to the Committee of the Whole.
Motion carried.
By the Committee on Joint Rules:
Senate Bill No. 5—AN ACT relating to insurance for motor vehicles; specifying that any information except the name of the owner of a motor vehicle may be used as the primary means to verify that a motor vehicle is insured; providing that an operator's policy of liability insurance may only be issued to certain persons; allowing the release of information related to insurance policies under certain circumstances; and providing other matters properly relating thereto.
Senator Raggio moved that the bill be referred to the Committee of the Whole.
Motion carried.
By the Committee on Joint Rules:
Senate Bill No. 6—AN ACT relating to mental health; providing for the establishment by a district court of a program for the treatment of mentally ill offenders; authorizing justices' courts and municipal courts to transfer original jurisdiction of certain cases to the district court for the purpose of assigning offenders to the program of treatment; enacting various provisions pertaining to the program of treatment; and providing other matters properly relating thereto.
Senator Raggio moved that the bill be referred to the Committee of the Whole.
Motion carried.
By the Committee on Joint Rules:
Senate Bill No. 7—AN ACT making appropriations to the Peace Officers' Standards and Training Commission for an analysis of job tasks and a study of physical fitness validation for peace officers and to the Department of Motor Vehicles and Public Safety for various information technology upgrades; and providing other matters properly relating thereto.
Senator Raggio moved that the bill be referred to the Committee of the Whole.
Motion carried.
By the Committee on Joint Rules:
Senate Bill No. 8—AN ACT relating to financial administration; revising the amounts paid to certain public officers and employees as allowances for certain expenses; making appropriations to the contingency fund to restore and increase the balance in the fund; making appropriations to the Interim Finance Committee to assist state agencies and school districts in paying for certain energy needs; and providing other matters properly relating thereto.
Senator Raggio moved that the bill be referred to the Committee of the Whole.
Motion carried.
By the Committee on Joint Rules:
Senate Bill No. 9—AN ACT making an appropriation to the Interim Finance Committee to provide assistance to certain educational programs; and providing other matters properly relating thereto.
Senator Raggio moved that the bill be referred to the Committee of the Whole.
Motion carried.
By the Committee on Joint Rules:
Senate Bill No. 10—AN ACT relating to education; expressing the sense of the Nevada Legislature regarding available methods to improve the reading proficiency of Nevada's school children at an early grade level; and providing other matters properly relating thereto.
Senator Raggio moved that the bill be referred to the Committee of the Whole.
Motion carried.
By the Committee on Joint Rules:
Senate Bill No. 11—AN ACT relating to local governments; authorizing a county recorder to charge and collect an additional fee to pay for the acquisition and improvement of technology used in the office of the county recorder; requiring the county recorder to charge and collect an additional fee to assist persons formerly in foster care; increasing the amount of certain fees charged and collected by certain officials of local governments; creating an account in the department of human resources' gift fund to assist persons formerly in foster care; and providing other matters properly relating thereto.
Senator Raggio moved that the bill be referred to the Committee of the Whole.
Motion carried.
By the Committee on Joint Rules:
Senate Bill No. 12—AN ACT relating to the training of drivers; requiring the state board of education to adopt regulations governing automobile driver education in public schools; prohibiting certain younger drivers from transporting certain persons as passengers for a certain period after obtaining a driver's license; requiring certain younger drivers to hold an instruction permit for a certain period before applying for a driver's license; extending the period for which a person is authorized to hold an instruction permit; authorizing licensed schools for training drivers to use certain interactive technologies in lieu of actual classroom instruction; requiring an instructor of a school for training drivers to complete certain training before his license as an instructor may be renewed by the department of motor vehicles and public safety; and providing other matters properly relating thereto.
Senator Raggio moved that the bill be referred to the Committee of the Whole.
Motion carried.
By the Committee on Joint Rules:
Senate Bill No. 13—AN ACT making an appropriation to the Department of Education for the development of a new criterion-referenced test for pupils in grade 8; and providing other matters properly relating thereto.
Senator Raggio moved that the bill be referred to the Committee on the Whole.
Motion carried.
MOTIONS, RESOLUTIONS AND NOTICES
Senator Raggio moved that all rules be suspended, that for the remainder of the Seventeenth Special Session, reading so far had considered second reading, rules further suspended, and that all bills reported out of the Committee of the Whole for floor consideration be declared emergency measures under the Constitution and placed on third reading and final passage.
Remarks by Senator Raggio.
Motion carried unanimously.
Senator Raggio moved that all rules be suspended and that all Senate and Assembly bills and resolutions be immediately transmitted to the Assembly.
Motion carried unanimously.
Senator Raggio moved that the Senate resolve itself into a Committee of the Whole for the purpose of considering all Senate bills and resolutions, with President Hunt as Chairman of the Committee of the Whole.
Motion carried.
IN COMMITTEE OF THE WHOLE
At 11:18 a.m.
President Hunt presiding.
Senator Neal moved that the Committee of the Whole recess subject to the call of the Chair.
Motion carried.
Committee of the Whole in recess at 11:20 a.m.
IN COMMITTEE OF THE WHOLE
At 11:21 a.m.
President Hunt presiding.
Remarks by Senator Neal who objected to President Hunt as Chairman of the Committee of the Whole.
Senator Neal requested that his remarks be entered in the Journal.
Madam President, I do not have any remarks but I want to enter a standard objection on the record that I object to your presiding over the Committee of the Whole as an Executive member of this State and this happens to be a Legislative Body. I will have a constant objection to each bill that is being rendered or talked about in the Committee of the Whole.
The Committee of the Whole was addressed by Senator Raggio.
The following bills and resolution were considered by the Committee of the Whole: Senate Bills Nos. 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13; Senate Joint Resolution No. 1.
Senator Raggio moved to do pass Senate Bills Nos. 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13; Senate Joint Resolution No. 1 which were considered by the Committee of the Whole.
Conflict of interest declared by Senator Porter on Senate Bill No. 5.
Motion carried.
Senator Raggio moved that the Committee of the Whole rise and report back to the Senate.
Motion carried.
Senator Raggio moved to dissolve the Committee of the Whole.
Motion carried.
On the motion of Senator Raggio, the committee did rise, and report back to the Senate.
SENATE IN SESSION
At 11:35 a.m.
President Hunt presiding.
Quorum present.
REPORTS OF COMMITTEES
Madam President:
Your Committee of the Whole, to which were referred Senate Bills Nos. 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13; Senate Joint Resolution No. 1, has had the same under consideration, and begs leave to report the same back with the recommendation: Do pass.
Lorraine T. Hunt, Chairman
GENERAL FILE AND THIRD READING
Senate Bill No. 2.
Bill read third time.
Roll call on Senate Bill No. 2:
Yeas—21.
Nays—None.
Senate Bill No. 2 having received a constitutional majority, Madam President declared it passed.
Bill ordered transmitted to the Assembly.
Senate Bill No. 3.
Bill read third time.
Roll call on Senate Bill No. 3:
Yeas—21.
Nays—None.
Senate Bill No. 3 having received a constitutional majority, Madam President declared it passed.
Bill ordered transmitted to the Assembly.
Senate Bill No. 4.
Bill read third time.
Roll call on Senate Bill No. 4:
Yeas—21.
Nays—None.
Senate Bill No. 4 having received a constitutional majority, Madam President declared it passed.
Bill ordered transmitted to the Assembly.
Senate Bill No. 5.
Bill read third time.
Conflict of interest declared by Senator Porter.
Roll call on Senate Bill No. 5:
Yeas—20.
Nays—None.
Not Voting—Porter.
Senate Bill No. 5 having received a constitutional majority, Madam President declared it passed.
Bill ordered transmitted to the Assembly.
Senate Bill No. 6.
Bill read third time.
Roll call on Senate Bill No. 6:
Yeas—21.
Nays—None.
Senate Bill No. 6 having received a constitutional majority, Madam President declared it passed.
Bill ordered transmitted to the Assembly.
Senate Bill No. 7.
Bill read third time.
Roll call on Senate Bill No. 7:
Yeas—21.
Nays—None.
Senate Bill No. 7 having received a constitutional majority, Madam President declared it passed.
Bill ordered transmitted to the Assembly.
Senate Bill No. 8.
Bill read third time.
Roll call on Senate Bill No. 8:
Yeas—21.
Nays—None.
Senate Bill No. 8 having received a constitutional majority, Madam President declared it passed.
Bill ordered transmitted to the Assembly.
Senate Bill No. 9.
Bill read third time.
Roll call on Senate Bill No. 9:
Yeas—21.
Nays—None.
Senate Bill No. 9 having received a constitutional majority, Madam President declared it passed.
Bill ordered transmitted to the Assembly.
Senate Bill No. 10.
Bill read third time.
Roll call on Senate Bill No. 10:
Yeas—21.
Nays—None.
Senate Bill No. 10 having received a constitutional majority, Madam President declared it passed.
Bill ordered transmitted to the Assembly.
Senate Bill No. 11.
Bill read third time.
Roll call on Senate Bill No. 11:
Yeas—21.
Nays—None.
Senate Bill No. 11 having received a two-thirds majority, Madam President declared it passed.
Bill ordered transmitted to the Assembly.
Senate Bill No. 12.
Bill read third time.
Roll call on Senate Bill No. 12:
Yeas—20.
Nays—Carlton.
Senate Bill No. 12 having received a constitutional majority, Madam President declared it passed.
Bill ordered transmitted to the Assembly.
Senate Bill No. 13.
Bill read third time.
Roll call on Senate Bill No. 13:
Yeas—21.
Nays—None.
Senate Bill No. 13 having received a constitutional majority, Madam President declared it passed.
Bill ordered transmitted to the Assembly.
Senate Joint Resolution No. 1.
Resolution read third time.
Senator Carlton disclosed that her husband is a state employee.
Roll call on Senate Joint Resolution No. 1:
Yeas—21.
Nays—None.
Senate Joint Resolution No. 1 having received a constitutional majority, Madam President declared it passed.
Resolution ordered transmitted to the Assembly.
Madam President announced that if there were no objections, the Senate would recess until 12:30 p.m.
Senate in recess at 11:50 a.m.
SENATE IN SESSION
At 3:54 p.m.
President Hunt presiding.
Quorum present.
MESSAGES FROM THE ASSEMBLY
Assembly Chamber, Carson City, June 14, 2001
To the Honorable the Senate:
I have the honor to inform your honorable body that the Assembly on this day passed Assembly Bills Nos. 1, 2, 3, 4, 6, 8, 9, 10, 11, 12; Senate Bills Nos. 1, 3, 4, 5, 6, 7, 8, 9, 10, 12, 13; Assembly Joint Resolution No. 1; Senate Joint Resolution No. 1.
Also, I have the honor to inform your honorable body that the Assembly on this day adopted Assembly Concurrent Resolutions Nos. 1, 2, 3; Senate Concurrent Resolution No. 1.
Patricia R. Williams
Assistant Chief Clerk of the Assembly
MOTIONS, RESOLUTIONS AND NOTICES
Senator Raggio moved that the Assembly concurrent resolutions be moved to the next agenda.
Motion carried.
Senator Raggio moved that Assembly Bill No. 1 be moved to the next agenda.
Motion carried.
Assembly Joint Resolution No. 1.
Senator Rawson moved that the resolution be referred to the Committee of the Whole.
Motion carried.
INTRODUCTION, FIRST READING AND REFERENCE
Assembly Bill No. 2.
Senator Rawson moved that the bill be referred to the Committee of the Whole.
Motion carried.
Assembly Bill No. 3.
Senator Rawson moved that the bill be referred to the Committee of the Whole.
Motion carried.
Assembly Bill No. 4.
Senator Rawson moved that the bill be referred to the Committee of the Whole.
Motion carried.
Assembly Bill No. 6.
Senator Rawson moved that the bill be referred to the Committee of the Whole.
Motion carried.
Assembly Bill No. 8.
Senator Rawson moved that the bill be referred to the Committee of the Whole.
Motion carried.
Assembly Bill No. 9.
Senator Rawson moved that the bill be referred to the Committee of the Whole.
Motion carried.
Assembly Bill No. 10.
Senator Raggio moved that the bill be moved to the next agenda.
Remarks by Senator Raggio.
Motion carried.
Assembly Bill No. 11.
Senator Rawson moved that the bill be referred to the Committee of the Whole.
Motion carried.
Assembly Bill No. 12.
Senator Rawson moved that the bill be referred to the Committee of the Whole.
Motion carried.
MOTIONS, RESOLUTIONS AND NOTICES
Senator Raggio moved that the Senate resolve itself into the Committee of the Whole for the purpose of considering all Assembly bills and resolutions.
Motion carried.
IN COMMITTEE OF THE WHOLE
At 4:03 p.m.
President Hunt presiding.
Remarks by Senator Neal who objected to President Hunt as Chairman of the Committee of the Whole.
The following bills and resolution were considered by the Committee of the Whole: Assembly Bills Nos. 2, 3, 4, 6, 8, 9, 11, 12; Assembly Joint Resolution No. 1.
Senator Raggio moved to do pass Assembly Bills Nos. 2, 3, 4, 6, 8, 9, 11, 12; Assembly Joint Resolution No. 1 which were considered by the Committee of the Whole.
Conflict of interest declared by Senator James on Assembly Bill No. 12.
Motion carried.
Senator Raggio moved that the Committee of the Whole rise and report back to the Senate.
Motion carried.
Senator Raggio moved to dissolve the Committee of the Whole.
Motion carried.
SENATE IN SESSION
At 4:09 p.m.
President Hunt presiding.
Quorum present.
REPORTS OF COMMITTEES
Madam President:
Your Committee on Committee of the Whole, to which were referred Assembly Bills Nos. 2, 3, 4, 6, 8, 9, 11, 12; Assembly Joint Resolution No. 1, has had the same under consideration, and begs leave to report the same back with the recommendation: Do pass.
Lorraine T. Hunt, Chairman
GENERAL FILE AND THIRD READING
Assembly Bill No. 2.
Bill read third time.
Roll call on Assembly Bill No. 2:
Yeas—21.
Nays—None.
Assembly Bill No. 2 having received a constitutional majority, Madam President declared it passed.
Bill ordered transmitted to the Assembly.
MOTIONS, RESOLUTIONS AND NOTICES
Senator Townsend moved that Assembly Bill No. 3 be placed on the General File on the next agenda.
Remarks by Senator Townsend.
Motion carried.
GENERAL FILE AND THIRD READING
Assembly Bill No. 4.
Bill read third time.
Roll call on Assembly Bill No. 4:
Yeas—21.
Nays—None.
Assembly Bill No. 4 having received a constitutional majority, Madam President declared it passed.
Bill ordered transmitted to the Assembly.
Assembly Bill No. 6.
Bill read third time.
Roll call on Assembly Bill No. 6:
Yeas—21.
Nays—None.
Assembly Bill No. 6 having received a constitutional majority, Madam President declared it passed.
Bill ordered transmitted to the Assembly.
Assembly Bill No. 8.
Bill read third time.
Roll call on Assembly Bill No. 8:
Yeas—21.
Nays—None.
Assembly Bill No. 8 having received a constitutional majority, Madam President declared it passed.
Bill ordered transmitted to the Assembly.
Assembly Bill No. 9.
Bill read third time.
Roll call on Assembly Bill No. 9:
Yeas—21.
Nays—None.
Assembly Bill No. 9 having received a constitutional majority, Madam President declared it passed.
Bill ordered transmitted to the Assembly.
Assembly Bill No. 11.
Bill read third time.
Roll call on Assembly Bill No. 11:
Yeas—21.
Nays—None.
Assembly Bill No. 11 having received a constitutional majority, Madam President declared it passed.
Bill ordered transmitted to the Assembly.
Assembly Bill No. 12.
Bill read third time.
Remarks by Senators Neal, Rawson and Townsend.
Senator Rawson requested that the following remarks be entered in the Journal.
Senator Neal:
Thank you Madam President. I have a couple of questions I would like to ask. First, what is the public benefit that will be derived from the passage of this particular bill? Second, what is the market area that is defined in the bill according to NRS 597.136, and what does the affiliate mean in terms of NRS 463.0133?
Senator Rawson:
I think the public benefit is that it may be an unfair taxation to tax a casino that simply transfers some of its liquor to another holding. In other words, if you had another facility in Las Vegas that took some of the liquor it had purchased and transferred it to Laughlin, why should there be a second taxation on the transfer? The benefit would be not increasing the cost unnecessarily, because of unnecessary or unfair taxation. The other questions I’m not sure I can answer, specifically. Maybe someone else could answer those questions?
Senator Neal:
I would like to have an understanding as to what “affiliated” means in terms of this legislation that sights NRS 463.0133, also the “marketing area” as in NRS 597.136. These meanings must be crucial to the bill and to this legislation to put these terms in here. I would like to get an understanding of what they mean in relationship to the bill.
Senator Rawson:
If I could read my statement it may answer the question. At the same time, I would ask Senator Townsend if he would look up those specifics sections if I do not answer the question with this statement.
Assembly Bill No. 669 will allow a non-restricted casino licensee to transfer liquor to an affiliated, or sister, casino property. The bill still requires that the initial purchase of liquor be made from a liquor wholesaler, but allows transfers of liquor between sister properties after the initial purchase is made from the wholesaler. The bill further restricts the transfers of liquor to the same marketing area as that of the wholesaler from whom the liquor was originally purchased, and requires that the transferring entity not act as a wholesaler by charging for the transfer.
The bill allows casinos, in certain circumstances, to transfer liquor without the use of a wholesaler. This does not allow casino companies to bypass a liquor wholesaler as the initial purchase was made through a wholesaler as required by current law. Under the provisions of this bill, the casinos can physically transport the liquor from one affiliated casino to another, by whatever means they deem appropriate, with the transaction being appropriately reflected on the books of either the parent corporation and/or the individual affiliated casinos. The casinos are prohibited from charging for the transfer. While in accordance with standard accounting practices this is not intended to express or imply that casino affiliates are prohibited from reconciling accounts between the transferring and receiving casinos, including showing of the purchase of liquor by the receiving entity from the transferring entity. The bill allows the transfer of liquor only, not beer.
As I would understand it, if it is not in the same marketing area, then it might not be appropriate to transfer between Reno and Las Vegas, but only between sister casinos within the Las Vegas area, as an example.
Senator Townsend:
Thank you, Madam President. The question regarding NRS 463.0133 comes directly from our licensing and control of gaming section, and “affiliate” means “a person who directly or indirectly through one or more intermediaries is controlled by or is under common control with a specified person” that is the definition in gaming for affiliate. NRS 597.136 defines “marketing area” to mean “the area where a wholesaler sells a product of a supplier pursuant to the terms and provisions and conditions of a franchise.” The purpose of this bill was to enable multiple properties who are commonly owned to transfer liquor for the purpose of accommodating quests. There may be a rather unique liquor, already owned by one property, that could be transfer immediately upon a guest’s needs, rather than to go back to the wholesaler for purposes of obtaining that liquor. It was easier to make the transfer between the two properties who have common ownership as long as it was in the same market area. That was the purpose of that provision.
Senator Neal:
Madam President. I appreciate Senator Townsend’s explanation, but since he has such an extended knowledge in this area, I would like to ask him another question if I may? The other question that I have is about the marketing area. Does a casino located in Las Vegas that owns a casino in Lake Tahoe or Reno make up a marketing area?
Senator Townsend:
The marketing area is defined by the relationship between the wholesaler and the retailer. In the case of southern Nevada, if a property in southern Nevada buys from a wholesaler, the marketing area is defined as the area in southern Nevada that the southern Nevada wholesaler is allowed to sell into. Therefore, a gaming establishment that owns properties in the north would not be able to transfer liquor from the south to the north because there would be two separate marketing areas. They could only transfer the liquor property to property inside a marking area that is already defined in their relationship with the wholesaler.
Senator Neal:
Could you tell me why beer is excluded?
Senator Townsend:
I really cannot. I am coming at this from a different distribution system than liquor. I am not able to answer the lack of including beer. Giving my vast experience with liquor and beer, I really am at a lost here. Hopefully, someone else can answer that question.
Senator Neal:
I would like to know if anyone else could tell me why beer is excluded? Also, why would we exclude retail stores, grocery stores that might sell liquor or liquor stores that might sell liquor in an area? They are not included in this bill, is that correct?
Senator Neal moved that Assembly Bill No. 12 be taken from the General File and placed on the General File on the next agenda.
Remarks by Senator Neal.
Motion carried.
Assembly Joint Resolution No. 1.
Resolution read third time.
Roll call on Assembly Joint Resolution No. 1:
Yeas—20.
Nays—O'Connell.
Assembly Joint Resolution No. 1 having received a constitutional majority, Madam President declared it passed.
Resolution ordered transmitted to the Assembly.
Senator Raggio moved that the Senate recess until 6 p.m.
Motion carried.
Senate in recess at 4:29 p.m.
SENATE IN SESSION
At 9:41 p.m.
President Hunt presiding.
Quorum present.
MOTIONS, RESOLUTIONS AND NOTICES
Assembly Concurrent Resolution No. 1.
Senator Raggio moved the adoption of the resolution.
Resolution adopted.
Resolution ordered transmitted to the Assembly.
Assembly Concurrent Resolution No. 2.
Senator Raggio moved the adoption of the resolution.
Resolution adopted.
Resolution ordered transmitted to the Assembly.
Assembly Concurrent Resolution No. 3.
Senator Raggio moved the adoption of the resolution.
Resolution adopted.
Resolution ordered transmitted to the Assembly.
INTRODUCTION, FIRST READING AND REFERENCE
By the Committee on Joint Rules:
Senate Bill No. 14—AN ACT relating to elections; revising the districts from which members of the state legislature are elected; changing the number of members of the state board of education; revising the districts from which members of the state board of education are elected; changing the number of members of the board of regents; revising the districts from which members of the board of regents are elected; revising the districts from which Representatives in Congress are elected; and providing other matters properly relating thereto.
Senator Rawson moved that the bill be referred to the Committee of the Whole.
Motion carried.
remarks from the floor
Senator Coffin requested that his remarks be entered in the Journal.
I have in my hands a copy of the Proclamation of the Governor, signed by the Governor, indicating measures that are to be processed and referred to this House and the other House. Is it the intention of this body to continue to process all bills mentioned in this order by the Governor?
Madam President:
I would certainly imagine so, Senator Coffin.
Senator Coffin:
Could I have a ruling from the Chair?
Madam President announced that if there were no objections, the Senate would recess subject to the call of the Chair.
Senate in recess at 9:45 p.m.
SENATE IN SESSION
At 9:46 p.m.
President Hunt presiding.
Quorum present.
Madam President:
It is my understanding, Senator Coffin, we are intending to do this. We are moving along as quickly as possible.
INTRODUCTION, FIRST READING AND REFERENCE
Assembly Bill No. 1.
Senator Rawson moved that the bill be referred to the Committee of the Whole.
Motion carried.
Assembly Bill No. 10.
Senator Rawson moved that the bill be referred to the Committee of the Whole.
Motion carried.
MOTIONS, RESOLUTIONS AND NOTICES
Senator Raggio moved that the Senate resolve itself into the Committee of the Whole for the purpose of considering all Senate and Assembly bills.
Motion carried.
IN COMMITTEE OF THE WHOLE
At 9:48 p.m.
President Hunt presiding.
Remarks by Senator Neal who objected to President Hunt as Chairman of the Committee of the Whole.
The following bills were considered by the Committee of the Whole; Senate Bill No. 14; Assembly Bills Nos. 1, 10.
Senator Raggio moved to do pass the Senate Bill No. 14; Assembly Bills Nos. 1, 10 which were considered by the Committee of the Whole.
Motion carried.
Senator Raggio moved that the Committee of the Whole rise and report back to the Senate.
Motion carried.
Senator Raggio moved to dissolve the Committee of the Whole.
Motion carried.
SENATE IN SESSION
At 9:51 p.m.
President Hunt presiding.
Quorum present.
MESSAGES FROM THE ASSEMBLY
Assembly Chamber, Carson City, June 14, 2001
To the Honorable the Senate:
I have the honor to inform your honorable body that the Assembly on this day passed Senate Bill No. 2.
Patricia R. Williams
Assistant Chief Clerk of the Assembly
REPORTS OF COMMITTEES
Madam President:
Your Committee of the Whole, to which were referred Senate Bill No. 14; Assembly Bills Nos. 1, 10, has had the same under consideration, and begs leave to report the same back with the recommendation: Do pass.
Lorraine T. Hunt, Chairman
GENERAL FILE AND THIRD READING
Assembly Bill No. 3.
Bill read third time.
Roll call on Assembly Bill No. 3:
Yeas—20.
Nays—Carlton.
Assembly Bill No. 3 having received a constitutional majority, Madam President declared it passed.
Bill ordered transmitted to the Assembly.
Assembly Bill No. 12.
Bill read third time.
Remarks by Senators Rawson and Neal.
Conflict of interest declared by Senator James.
Senator Rawson:
Thank you, Madam President. I need to correct the record on Assembly Bill No. 12. I had indicated there might be some concern about taxes, and one of the reasons we had a public purpose with regard to this. There is no tax consequence, no tax avoidance. It was immaterial, and it was an improper record established.
In regard to some of the other questions that were asked, beer is excluded, primarily because it is perishable. The beer wholesalers’ contracts require them to ensure there are proper handling and storage procedures. Transfers without the use of a wholesaler, would impair these contracts. Wholesalers requested this not be a part of the bill because of their concerns.
There was also a question regarding the non-restricted license holders, and why they were included in this and not all retail establishments. That is, primarily, a concern that is expressed by the Department of Taxation. They felt they could not properly enforce the law because of the large numbers of retailers that would be making this type of transfer. We have a few major casinos with sister properties who would be able to use this law. The real reason for this type of transaction was partially given. There may be customers who have a special request for a particular type of liquor. There may be special champagne or other liqueur that may be ordered. If one of the sister properties has that on hand during a weekend or during a time when a wholesaler is not available and not able to deliver, then it is a simple courtesy to the customer to have that available. You will have some large properties that will make a major buy such as Millennium champagne for the holiday and the sister casino runs short, then it seems only reasonable that they be able to transfer some of their stock to the other properties so that all people can participate. It keeps it from having to be stored unnecessarily.
I think this responds to the questions that were asked.
Senator Neal:
The Senator answered the question, but he raised another question in my mind. Did I understand you to say that the retailers in this transaction will impair the wholesalers?
Senator Rawson:
No, if I suggested that, that is a misstatement. The concern here is that there are a few properties that fall into this category. They have good record-keeping and the Department of Taxation can easily verify there has been nothing improper in the transfers. If we were to open this up to all of the retailers, we have thousands of retailers, that the Department of Taxation feels they do not have the record-keeping and the ability to be able to verify there isn’t some chicanery going on. I think that responds more accurately.
Roll call on Assembly Bill No. 12:
Yeas—19.
Nays—Neal.
Not Voting—James.
Assembly Bill No. 12 having received a constitutional majority, Madam President declared it passed.
Bill ordered transmitted to the Assembly.
Assembly Bill No. 1.
Bill read third time.
Roll call on Assembly Bill No. 1:
Yeas—21.
Nays—None.
Assembly Bill No. 1 having received a constitutional majority, Madam President declared it passed.
Bill ordered transmitted to the Assembly.
Assembly Bill No. 10.
Bill read third time.
Roll call on Assembly Bill No. 10:
Yeas—20.
Nays—Coffin.
Assembly Bill No. 10 having received a constitutional majority, Madam President declared it passed.
Bill ordered transmitted to the Assembly.
Senate Bill No. 14.
Bill read third time.
Remarks by Senators Care, Raggio and Neal.
Senator Neal requested that the following remarks be entered in the Journal.
Senator Care:
Thank you, Madam President. What is the rationale for increasing the size of the Board of Regents and keeping the size of the Legislature the same?
Senator Raggio:
Thank you, Madam President. First of all, with reference to the size of the Legislature, the majority party in this House wanted the Legislature’s size increased to 23 in the Senate and 46 in Assembly. That was rejected by leadership in the other House. With reference to the Board of Regents, the action is predicated upon a vote taken by the Board of Regents, 7-4, favoring the increased size of the Board of Regents, and their wishes were followed.
Senator Neal:
Madam President. In reference to the district that has been labeled on the Senate map as CL4, I have some problems with the way the district is drawn. Even though it might meet the requirements of compactness, what I see as partisan politics has played a great roll in drawing up this particular district. It seems to be the driving force in creating the District CL4 and many of the other districts labeled there. What I see is what can be described politically as “packing and cracking.” Cracking the influence demonstrated by that district by broadening it into certain areas and cutting out certain categories, where the vote in the black community represented by CL1 was strongly a part of the overall district called District 4, now labeled as CL4. In my judgment, it is political gerrymandering which I think can be, and certainly will be, an issue before the courts. What we see, is a district that has been expanded on the basis of the weakness of the vote that was shown in the last election. I think, the people who drew this were very aware of that, and they drew it in such a fashion that a person of color who is running in this particular district will have a difficult time getting elected.
During the past 30 years or so that I have been in the Legislature, we have always had District 4, both Senate and Assembly, nested in a fashion where they could be represented and show the strength of their community of interest, which is considered to be black. This does not do that. The Assembly district goes somewhere else; the Senate district is out in some other place.
What I see is a situation that is aimed at eliminating or stilling the voice from that particular area in this particular Senate. Whether or not it was intentionally done, I know exactly where the votes are, where the people live and their interests in how they voted. I just had a recent election in 2000, and my knowledge is recent. Those who drew that map took those particular areas where I showed the weakest, and put that into this particular district, cutting me off of a district that was represented by Our Lady of Las Vegas Catholic Church. I am Catholic, and they cut that portion out and pushed it toward the north into a predominantly Mormon community. I do not have a problem with that, but that territory is unfamiliar to me. They have taken the familiar side of the district and cut that away, and put me out in the unfamiliar area. The intent, the purpose, seems to be to eliminate a Senator from that particular area. I find it somewhat appalling, and I will be voting against this particular map for that reason. I will be contemplating a lawsuit based on what we see and observe in terms of CL4.
Roll call on Senate Bill No. 14:
Yeas—12.
Nays—Care, Carlton, Coffin, Mathews, Neal, Schneider, Shaffer, Titus, Wiener—9.
Senate Bill No. 14 having received a constitutional majority, Madam President declared it passed.
Bill ordered transmitted to the Assembly.
Senator Raggio moved that the Senate recess until 10:30 p.m.
Motion carried.
Senate in recess at 10:09 p.m.
SENATE IN SESSION
At 11:38 p.m.
President Hunt presiding.
Quorum present.
MESSAGES FROM THE ASSEMBLY
Assembly Chamber, Carson City, June 14, 2001
To the Honorable the Senate:
I have the honor to inform your honorable body that the Assembly on this day passed Senate Bill No. 14.
Patricia R. Williams
Assistant Chief Clerk of the Assembly
remarks from the floor
Senator Titus requested that her remarks be entered in the Journal.
Twice during my 12 years in the Legislature, I have felt defeated
and disappointed. Once in 1991, when the Senate Republicans killed the original
“Sunshine in Litigation” bill and again in 1997 when “the ring around the
valley” met a similar fate. BUT NEVER have I been as
discouraged and disheartened as I am, today, when I look at the maps displayed
here, maps which I believe reflect a Faustian bargain made unnecessarily.
I’m a grownup. And as a political scientist, I’ve known and said all along that redistricting is a very political process and very partisan. I am certainly a political realist. We are in the minority, so I never expected to win. But I did expect the process to be fair, and for the results to reflect the changing face of Nevada in the new millennium.
Instead, decisions were made based on raw partisanship at its worst; with the process culminating in the entrenchment of incumbents, effectively thwarting healthy political competition for the decade to come. By packing Democrats into inner city districts and giving Republicans rural and suburban growth areas, the majority party in this house has strengthened its voter registration margins and virtually guaranteed control for the next ten years. This is clearly not good for the system. It reinforces the public’s negative image of politicians who are seen as putting their own interest and special interests before those of the public; it dampens voter enthusiasm and participation; it discourages any new people from running for office.
These Senate maps further reflect the majority party’s refusal to recognize and accommodate the increasing ethnic diversity of Nevada. After months of courting the growing Hispanic community, the Republicans, dissatisfied with a guaranteed 11-10 majority, have chosen to create an open, solidly-Republican seat in rural Clark County rather than an open, Hispanic seat in the heart of the valley. How unfortunate and yet how predictable, coming as it does from the same party that in the past has supported English as the official language, Proposition No. 187 in California, and more recently, a requirement that Nevada taxi drivers be required to demonstrate a proficiency in reading and writing English.
Finally adoption of this masterpiece of political cartography means that certain priorities will continue to reign in the Senate for yet another decade:
Priorities that favor school vouchers over class size reduction.
Priorities that fund a highway to Needles BUT can’t find a dime to investigate a leukemia cluster that is killing the children of Fallon.
Priorities that give corporations absolute immunity BUT won’t allow women suffering from silicon poisoning one small window in which to try to prove their case.
Priorities that let big consumers escape from the regulated electricity market to shop for cheap power AND grant special exemptions for one private business in a bill designed to help the indigent cope with our impending energy crisis.
Priorities which favor insurance companies over injured workers and unbridled development over smart growth.
Priorities which advocate the repeal of the federal Environmental Protection, Endangered Species, Clean Air and Clean Water Acts.
Priorities, which can be summed up by the statement of a member of this body, made on this floor several sessions ago: “The only color that matters is the color green.”
Such are the priorities that will be enshrined by the adoption of these maps. This is a legacy that I cannot be proud of.
Senator O'Connell requested that her remarks be entered in the Journal.
Thank you, Madam President. Everyone in this body, certainly, does know that we passed a Senate bill on redistricting just last week or so, that had 23 Senate seats in it, two of which were created for our Hispanic population. One had a seated Senator in it, and one had an open seat.
Monday, of this past week, the decision was made to keep the
Senate at its present size. New maps were drawn, in what we, and obviously we
were wrong, felt was in the spirit of fairness and protected all of the present
incumbent Senators. But there were also two seats created preserving the
Hispanic community of interest. One contained 60 percent, and the other
contained a 44 percent Hispanic population. When the Democratic Minority Leader
reviewed the maps, she requested moving one of her incumbents out of their
district into a Republican open seat, thereby, leaving another open seat for
one of the Hispanic districts. Her request was denied. The Minority Leader made
the same request a second time. Again, I replied that since she had been given
the permission by the spokesperson of the Hispanic communities to speak for
them, I would leave it to her to make the decision as to whether or not to put
two of her incumbents in
one Democratic seat, thereby, creating an open seat for the Hispanic district.
She refused to do that saying “it is the Senate’s map. You do it.” To comply
with her request, we did just that.
However, this morning at 1:30 a.m., she came to me again, requesting that I move the Democratic incumbent out of their afore-mentioned seat and place that person in one of three other Republican districts. Again, I refused to do that. She then requested that I put one of the two incumbents, which we had placed in one incumbent’s district, back into their own district thereby leaving no open Hispanic seat.
This was not a decision that we made, it was a decision left to the Minority Leader because it was a part of their district, and we felt that it would not be proper for us to decide on the incumbents that should be lumped together. We did this upon the pressure we received in order to keep the same number of seats, making it almost impossible for us to comply with what we thought should be done with the additional two seats which had been created for the Hispanic districts. I wanted to set the record straight because I feel this is extremely important that the Hispanic community know that at no time was it our intent to break faith with them.
Senator Neal requested that his remarks be entered in the Journal.
Madam President. I have a few observations I wish to express about this Session. I have been around here for quite some time, and I had the privilege in 1971 of being in these halls, not being elected, when they had reapportionment and when they first considered the district in which I was elected. Beginning from that point on through 1971, 1981, 1991 and to this Session, we saw certain things happen. Consideration was given and people were able to look at their situation and offer solutions as to the districts they were running in because those individuals who were incumbents in those districts knew them best. Even though I served on the Government Affairs Committee this Session, I have known very little about what was going on with the exception of information that was passed on from various individuals as to what was happening and what was happening to my particular district.
When I came into this body in 1973, I came as many do with conviction to serve. I followed those convictions. I tried to educate myself as to what the issues were, and I voted accordingly, even though, as many have said, I come from a black district. I have found myself voting for dams in Elko, schools in Ely, projects all over the State, compacts in Lake Tahoe and many other issues that do not involve my district. I have certain convictions about this process, and when we swear to an oath, we should abide by that oath to serve and protect the Constitution of this State and the United States, trying to do the best service we possibly can to the people of the State of Nevada. That is the philosophy I have tried to follow even though I have taken positions that might have been different from many of those who serve in this particular body, especially that of taxing the gaming industry. I have convictions about that, and I know the gaming industry is a powerful entity. It can do just about anything that it wants to get about anything it wants in this Legislature. Even with that, when I felt the industry was wrong, I have spoken up about it and made my voice known even though I found myself in the minority. I know those in this House and the House down the hall have very good support from that particular industry, and there might be an inkling on the part of some to shut people up who might want to “speak the truth” about certain issues that come before this particular body, such as taxation and who should be paying for growth, things of that sort.
I came here with those convictions. I didn’t expect to stay here. I thought that after four years I would be voted out, but some 29½ years later I find myself still here because I foster those convictions. I do not try to hide from the public what I have thought and what I have attempted to do while I am here. When I look back on the various sessions in which I have served and look at it from the standpoint of which was the worse or the best, this Session, in my judgment, has proven to be one of the worst in which I have served. We have had a situation even on this floor where lobbyists have come in to talk to individuals. At one point, they seemed to have taken over. I have appealed to the President even to run the Governor off the floor and his representatives because I thought that we, as the legislative body, should recognize the separation of powers between the Executive body and ours. We should not be so blatant and obvious in what the lobbyist is telling us. Here and down the hall, we have certain individuals commonly referred to as the “fat boys.” I do not have to tell you who those people are, but that is the name that has been floating around. It’s the “fat boys” who have been running things. I find that to be appalling in my judgment. It reflects upon the process. It denigrates our service here as Legislators. There are times when we need lobbyists to give us information, but they should not control us, the process or become so domineering that people become afraid to vote because they might not get the campaign contributions in the next election. That should not be the case. We should deal honestly and above board with the issues here irrespective of who they are. If they are right or wrong, then we should treat them in that particular fashion.
This Session, has gotten out of hand. I can recall people in the past who have run things, B. Mahlon Brown or Senator Gibson. These things that I have seen happen in this Session, in this House and down the hall, would not have happened. Many lobbyists have demonstrated their powers and influence so blatantly and arrogantly that it has made me somewhat ashamed. I find myself, tonight, making these statements even though there are those individuals who have the money and go after people. In fact, they did go after me in this last election. I do not care as long as I feel that I am right in what I am saying, and that in the future it might help someone be a better person and a better representative. Should that happen, I would have accomplished my job by making these statements here tonight. I hope that in the next and future sessions that something will be done. It is not necessary who wins or loses, but whether or not the people of the State of Nevada are being served. It seems to me that it becomes a question, along with the lobbying questions, that we treat this process as a big game. I remember some years ago when Spike Wilson served in this body, he said to me once, “Joe, I never trade bills for votes. I never want to find myself trying to hide things or protect things just because I want to maintain control or power, because that is not the process. Things should die or live on their merits.” It seems, in this Session, we have forgotten that not only in this House but also down the hall. We have played these games, and in the long run, the people lose. We do not get the benefit of the discussion of the legislation; we get the benefit of the play, backwards and forwards.
Who is trying to outdo whom in this particular case? I do not think this process should be able to function in that way. A lot of people have been left standing on the sidelines, just watching the play-by-play, not even becoming participants. We have 21 members in the Senate and 42 members in the House. Each one of those individuals is supposed to have equal rights when it comes to dealing with issues on this floor, but once we get into this game-playing, it becomes “who has the power?” Who is demonstrating the most power? Who is afraid of whom? We are not supposed to operate out of fear, but out of the best interests for the people of the State of Nevada. I do not think that we have done that in this particular Session. This game-playing should cease. We should tighten it up in the next session and not have to deal with it. If we have to put the lobbyists out of this building, we should do that. We need to take back the process and make it more meaningful to the public because the public looks at us as a separate entity, not as representatives of them. They look at “The Legislature” not their representatives. Maybe we should do things that will earn their respect, but right now, I think we have fallen into the abyss of disrespect of the public. Unless we reclaim that as represented in this House, we are going to find this process is going to continue to denigrate into something, I do not know what it is, oligarchy, control by one industry. It already seems to be heading in that direction, or we have reached that direction as far as the gaming industry is concerned. They have gotten everything they have wanted out of this Session, even the Internet Gaming bill. As you know, that particular issue was never debated in this House. It was put into a conference report to come into this House to be voted on up or down. This was wrong. The individuals who have served in the leadership capacity would have never let that happen. Never.
I have seen contentious issues brought before this House. It was voted upon, and it died or lived on its merit or on the number of votes it was able to get. There was not a fear of anyone who might have an amendment that might be attached to something. We had in our Standing Rules to operate the Special Session, a Rules Committee. That is setting a precedent whereby only six people, possibly, maybe four, would be able to control the process of this Legislature. I hope, if I am not here in the next session, there is someone standing here or those of you who might be back, would not let that become a Standing Rule. Because what that does is, it puts the process of debate and how issues should be amended or how they should be acted on in this Legislature in the hands of a very few people. We should never let it get to the point where two or three people are actually controlling this particular process. That defeats the purpose of our being the representatives of the people. If the people’s voice is not heard, then private industry interests take over, and private interests protects private interests. They do not protect the public interest. If private interest protected public interest, then we would have had a gaming increase in this State. The last one was in 1987.
I do not make these remarks out of anger, but I make them because people should understand that when we sit here in this House, we are the people’s representatives and through us their voice is supposed to be heard. If only a few voices are heard, then the people are defeated.
Senator Care requested that his remarks be entered in the Journal.
Thank you, Madam President, and good morning. I note with some sadness that we are not going to entertain the merits of Assembly Bills Nos. 5 and 7, which is unfortunate. I must say that I am convinced that there is no reasonable legal theory that somehow those bills may now become law without benefit of the legislative process. In fact, I would say if that was an area that would unfold, that it would make a mockery of the legislative process and, in fact, amount to a refusal to recognize the sanctity, or what I believe to be the sanctity, or want to believe is the sanctity, of the constitutional functions of the peoples’ house. Thank you.
Senator O'Donnell requested that his remarks be entered in the Journal.
Thank you, Madam President. My remarks, today, are made, hopefully, out of respect and concern for each one of you and for this distinguished institution.
What happened last Tuesday night on the fourth and into the fifth will go down in history as one of the most embarrassing moments that the legislative sessions have ever seen. It is important that this behavior never happens again. I want you to know that I respect each and every one of you, and I have the deepest admiration for your commitment to this process, but I implore you to seriously adopt rules to control the lobbyists’ intervention into this process. We cannot undo the ring of the bell, but we can place into our rules measures to protect the public from this happening again.
There are lobbyists. There are good lobbyists in this process, as Senator Neal had mentioned, that give us information, and they were just as concerned about outside interventions as I. They have shared their disdain for what happened that night with me. We owe it to the public to proscribe the tampering with this process. Measures should be made to require a legislator sign for a conference committee report when it is delivered to either he or she. No conference committee report should be in the hands of a lobbyist. No lobbyist shall ask the legal staff for an amendment on a bill when the conference committee has not even met. We should require that all members of the conference committee meet and agree on what should be done. The rules shall require that all members must sign in the affirmative or in the dissention of the conference committee report, but they must sign. Lobbyist should never be allowed on the floor of the Chamber. It is already a rule that was violated last Tuesday. All conference committees should meet and have all transacted business done two days before the end of the session.
The goal of all of us should be to restore dignity and integrity to the Legislative Branch to which we were elected and trusted. Our constituents did not elect the lobbyist to represent them. They elected us. I, by myself, cannot change the process, but collectively, all of us can make a difference for the future of this State. I would like to challenge each and every one of you to make a commitment to regain control over the legislative process and return the public’s trust to this institution. Authority is given and power is assumed, and the people gave the authority to us. Power is assumed by making you fear. Some people think that power is the most important thing in this body, and other people think that integrity is the most important thing. I believe integrity should be our goal.
Senator Titus requested that her remarks be entered in the Journal.
Thank you, Madam President. With all due respect to the Chairman of Government Affairs, and I do have a lot of respect for her, I believe she must obviously be expecting a legal challenge to these maps or she would not have tried so carefully to document our meetings down to the very last minute. I would like to set the record straight.
The very first redistricting map presented to me, and I have a copy of that map, placed one of our Democratic incumbents in the Hispanic district so that there would be an open Hispanic district, that request was denied repeatedly. Then at one point, late this afternoon, the Majority Leader threatened to move Senator’s Bob Coffin and Maggie Carlton into the same district if the Assembly did not uncouple several Republican incumbents in the north. Never, however, was a map presented that had our two Senators drawn into the same district. Furthermore, I repeatedly told the Majority Leader and the Chairman, in front of witnesses, I would not make the choice between the incumbent and the Hispanics. They were in the majority; it was their map; their choice to make. If they chose to keep an open Republican seat rather than give the Hispanics an open seat, as they had promised, that would be their choice, and they could not blame it on me.
GUESTS EXTENDED PRIVILEGE OF SENATE FLOOR
On request of Senator Raggio, the privilege of the floor of the Senate Chamber for this day was extended to Pepper Sturm and Bob Seale.
On request of Senator Shaffer, the privilege of the floor of the Senate Chamber for this day was extended to Sharon Shaffer.
MOTIONS, RESOLUTIONS AND NOTICES
Madam President appointed Senators Wiener, James and Jacobsen as a committee to wait upon His Excellency, Kenny Guinn, Governor of the State of Nevada, and to inform him that the Senate is ready to adjourn sine die.
Madam President appointed Senators Porter, Shaffer and Mathews as a committee to wait upon the Assembly and to inform that honorable body that the Senate is ready to adjourn sine die.
A committee from the Assembly, consisting of Assemblymen Williams, Anderson and Assemblywoman Cegavske appeared before the bar of the Senate and announced that the Assembly is ready to adjourn sine die.
Madam President announced that if there were no objections, the Senate would recess subject to the call of the Chair.
Senate in recess at 12:13 a.m., June 15, 2001.
SENATE IN SESSION
At 12:17 a.m., June 15, 2001.
President Hunt presiding.
Quorum present.
Senator Porter reported that his committee had informed the Assembly that the Senate is ready to adjourn sine die.
Madam President announced that if there were no objections, the Senate would recess subject to the call of the Chair.
Senate in recess at 12:18 a.m., June 15, 2001.
SENATE IN SESSION
At 12:25 a.m., June 15, 2001.
President Hunt presiding.
Quorum present.
Senator Jacobsen reported that his committee had informed the Governor that the Senate is ready to adjourn sine die.
Senator William J. Raggio moved that the Seventeenth Special Session of the Senate of the Legislature of the State of Nevada adjourn sine die.
Motion carried
Senate adjourned sine die at 12:26 a.m., June 15, 2001.
Approved:Lorraine T. Hunt
President of the Senate
Attest: Claire J. Clift
Secretary of the Senate