Journal

of the

SENATE of the State

of Nevada

               

NINETEENTH SPECIAL SESSION

               

THE FIRST DAY

                               

Carson City (Tuesday), June 3, 2003

    Senate called to order at 5:28 p.m.

    President Hunt presiding.

    Prayer by the Chaplain, Pastor Albert Tilstra.

    Our God, we are glad that You are never tired of listening to the requests of Your friends here on earth. You are a God who has told us that You never slumber or sleep. There are a few here in this Senate Chamber who probably are a little sleep deprived, but give them Your wisdom as they sort out the final steps that need to be taken to close the financial needs in our State. Thank You for Your answers to this prayer.

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 Senators present.

    Senator Raggio moved that the organization of the Senate of the Seventy‑second Session of the Nevada Legislature be designated as the organization for the Nineteenth Special Session of the Nevada Legislature.

    Remarks by Senator Raggio.

    Motion carried.

    Senator Raggio moved that the Secretary of the Senate be instructed to insert the Nineteenth Special Session organization in the Journal of the Senate, as outlined in the handout located on each Senator’s desk.

    Remarks by Senator Raggio.

    Motion carried.

PRESIDENT PRO TEMPORE OF THE SENATE

    Senator Mark E. Amodei

MAJORITY FLOOR LEADER

    Senator William J. Raggio

ASSISTANT MAJORITY FLOOR LEADER―

    Senator Raymond D. Rawson

MAJORITY WHIP―

    Senator Dean A. Rhoads

ASSISTANT MAJORITY WHIP―

    Senator Sandra J. Tiffany

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 Rhoads, Amodei and Carlton as a committee of three to inform the Assembly that the Senate is organized and ready for business.

    Madam President appointed Senators Tiffany, Nolan and Wiener as a committee of three to inform the Governor 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, Benjamin Kieckhefer, Ryan Pearson; BUREAU OF NATIONAL AFFAIRS, William Carlile; DAILY SPARKS TRIBUNE/KAME/KRXI-TV, Andrew Barbano; ELKO DAILY FREE PRESS, Jerry Blair; FOX 5 NEWS, Garrett Breit, John Huck; KLAS-TV, Matthew Adams, Richard Czarny, George Knapp, Victor Woodall; KLVX-TV, Tom Axtell; KNPB-TV, Erin Breen, Ali Herndon-Ortega, Jack Kelly, Bonnie Maclean, Dennis Myers, Ethan Salter, Dave Santina, Douglas Walters; KOLO-TV CHANNEL 8, Brent Boynton, Jean Casarez, Mark Cronon, Jeff Deitch, Tim Ill, Justin Kanno, Josh Little, Vicky Nguyen, Ed Pearce, Terri Russell, James Steiner; KPTL-RADIO, Cheri D. Flynn, Scott Gahagen, Ron Harrison, Jarvis Kaler, Terrie Q. Sayre; KTNV-TV NEWS 13, Mark Sayre; KVBC-NEWS 3, Alyssa Anderson, Justin Rush, Kendall Tenney; KWNA-RADIO, Torrey Sheen; LAS VEGAS CITYLIFE, Matt O'Brien; LAS VEGAS SUN, Michael Campbell, David Clayton, Dana Gentry, Jeff German, Matt Hufman, Steve Kanigher, Jennifer Knight, Ed Koch, Aaron Mayes, Erin Neff, Judy Odierna, Angla Pilmer, Launce Rake, Jon Ralston, Emily Richmond, Cy Ryan, Susan Snyder; NEVADA APPEAL, Cathleen Allison, Brian Corley, Rhonda Costa‑Landers, Kelli Du Fresne, Ray Estrada, Rick Gunn, Brad Horan, Karl Horeis, Jill Keller, Francine Norton, Barry Smith, Teri Vance, Susan Vasquez; NEVADA BROADCASTER'S ASSOCIATION, Robert David Fisher; NKPR NEVADA PUBLIC RADIO, Kyril Pluskon; NORTH LAKE TAHOE BONANZA, Rick Adair; NORTH LAKE TAHOE BONANZA, Kirk Caraway; NORTHERN NEVADA BUSINESS WEEKLY, Anne Knowle; SAM SHAD PRODUCTIONS, Sam Breen, Ande Engleman, Samuel Shad; THE MEDIA CENTER, Don Alexander, Kim Anhalt, John Bankhead, Jeremy Baumann, Nancy Burgess, Carol Cizauskas, Kaye Crawford, Charles M. Evans, Fred Fichman, Mitch Fox, Henry King, David Kizler, John Ponzo, Earl Spriggs; THE UNLV REBEL YELL, Erik Ball, Nick Christensen, Angela Flores; UNIVISION-LAS VEGAS NEWS, Jorge Avila, Sol Binkier, Ricardo Fernandez, Janette Luviano, Joel Romo, Xochitl Sandoval, Johanna Suarez, Brenda Torres, Roger Velado; VARTEK, Marcia Cohen, Michael Vargas; VIRGINIA CITY REGISTER, Gary M. G. Deacon, Scott Phillips, Bill Sjovaugen, Sharon Truehill, Douglas Truehill, Ernst Wipple 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 5:34 p.m.

SENATE IN SESSION

    At 5:39 p.m.

    President Hunt presiding.

    Quorum present.

    A committee from the Assembly composed of Assemblyman Anderson, Assemblywoman Leslie and Assemblyman Hardy 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 5:40 p.m.

SENATE IN SESSION

    At 5:43 p.m.

    President Hunt presiding.

    Quorum present.

    Senator Rhoads reported that his committee had informed the Assembly that the Senate is organized and ready for business.

    Senator Tiffany reported that her committee had informed the Governor that the Senate is organized and ready for business.

MESSAGES FROM THE GOVERNOR

State of Nevada

Executive Chamber

Carson City, Nevada 89701

June 3, 2003

The Honorable Senator William J. Raggio, Majority Leader, Nevada State Senate

    Legislative Building, Carson City, Nevada 89701-4747

To the Members of the Nevada State Senate:

    The Nevada State Constitution, in Article V, section 9, provides that the Governor may on extraordinary occasions convene a special session of the Legislature by proclamation.

    This afternoon I have issued my proclamation convening a special session of the Legislature. Therefore, I request that you remain in Carson City to complete some important legislative work. I have defined and limited the scope of your legislative endeavors within my proclamation calling this special session. Consider only the matters set forth in this proclamation, and I wish you well in completing your legislative business.

    All of our citizens are hopeful that your efforts will meet with success.

                                Sincerely,

                                                                Kenny C. Guinn

                                                                Governor of Nevada

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 specially convened, or such other legislative business as the Governor may call to the attention of the Legislature while in Session;”

    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 the Constitution of the State of Nevada, do hereby convene the Legislature into a Special Session to begin at 4:00 p.m. and to end at 5:00 p.m. on June 6, 2003.

    During the extraordinary session, the Legislature may consider a tax plan sufficient to meet all of the appropriations and other spending measures that were passed during the 72nd Session of the Nevada Legislature and which may be passed during this Special Session. The Legislature may further consider during this session the matters contained within Assembly Bill 536, Senate Bill 508, and Senate Bill 509 of the 72nd Session of the Nevada Legislature.

    The Legislature may also consider an appropriation to pay for the cost of the session and any other matters brought to the attention of the Legislature by the Governor during the Special Session.

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 3rd day of June, in the year two thousand three.

Kenny C. Guinn

Governor

Dean Heller

Secretary of State

Renee Parker

Chief Deputy Secretary of State


MOTIONS, RESOLUTIONS AND NOTICES

    By Senators Raggio and Titus:

    Senate Resolution No. 1—Adopting the Rules of the Senate for the 19th Special Session of the Legislature.

    Resolved by the Senate of the State of Nevada, That the following Rules of the Senate for the 19th Special Session of the Legislature are hereby adopted:

I.  APPLICABILITY

Rule No. 1.  Generally.

    The Rules of the Senate for the 19th Special Session of the Legislature are applicable only during the 19th Special Session of the Legislature

II.  OFFICERS AND EMPLOYEES

Duties of Officers

Rule No. 2.  President.

    The President shall take the chair and call the Senate to order precisely at the hour appointed for meeting. He shall preserve order and decorum, and in case of any disturbance or disorderly conduct within the Senate Chamber, shall order the Sergeant at Arms to suppress it, and may order the arrest of any person creating any disturbance within the Senate Chamber. He may speak to points of order in preference to members, rising from his seat for that purpose, and shall decide questions of order without debate, subject to an appeal to the Senate by two members, on which appeal no member may speak more than once without leave of the Senate. He shall sign all acts, addresses and joint resolutions, and all writs, warrants and subpoenas issued by order of the Senate; all of which must be attested by the Secretary. He has general direction of the Senate Chamber.

Rule No. 3.  President Pro Tem.

    The President Pro Tem has all the power and shall discharge all the duties of the President during his absence or inability to discharge the duties of his office. In the absence or inability of the President Pro Tem to discharge the duties of the President’s office, the Senate shall elect one of its members as the presiding officer for that occasion.

Rule No. 4.  Secretary.

    1.  The Secretary of the Senate is elected by the Senate, and shall:

    (a) Interview and recommend persons to be considered for employment to assist the Secretary.

    (b) See that these employees perform their respective duties.

    (c) Administer the daily business of the Senate, including the provision of secretaries as needed.

    (d) Unless otherwise ordered by the Senate, transmit as soon as practicable those bills and resolutions upon which the next action is to be taken by the Assembly.

    2.  The Secretary is responsible to the Majority Leader.

Rule No. 5.  Sergeant at Arms.

    1.  The Sergeant at Arms shall attend the Senate during its sittings, and execute its commands and all process issued by its authority. He must be sworn to keep the secrets of the Senate.

    2.  The Sergeant at Arms shall:

    (a) Superintend the upkeep of the Senate’s Chamber, private lounge, and meeting rooms.

    (b) Interview and recommend persons to be considered for employment to assist the Sergeant at Arms.

    3.  The Sergeant at Arms is responsible to the Majority Leader.

Rule No. 6.  Assistant Sergeant at Arms.

    The Assistant Sergeant at Arms shall be doorkeeper and shall preserve order in the Senate Chamber and shall assist the Sergeant at Arms. He shall be sworn to keep the secrets of the Senate.

III.  SESSIONS AND MEETINGS

Rule No. 7.  Call of Senate—Moved by Three Members.

    A Call of the Senate may be moved by three Senators, and if carried by a majority of all present, the Secretary shall call the roll and note the absentees, after which the names of the absentees shall again be called over. The doors shall then be closed and the Sergeant at Arms directed to take into custody all who may be absent without leave, and all Senators so taken into custody shall be presented at the bar of the Senate for such action as to the Senate may seem proper.

Rule No. 8.  Absence—Leave Required.

    No Senator shall absent himself from the service of the Senate without leave, except in case of accident or sickness, and if any Senator or officer shall so absent himself his per diem shall not be allowed him.

Rule No. 9.  Open Meetings.

    1.  Except as otherwise provided in the Constitution of the State of Nevada and in subsection 2 of this rule, all meetings of the Senate and the Committee of the Whole must be open to the public.

    2.  A meeting may be closed to consider the character, alleged misconduct, professional competence, or physical or mental health of a person.

IV.  DECORUM AND DEBATE

Rule No. 10.  Points of Order.

    1.  If any Senator, in speaking or otherwise, transgresses the rules of the Senate, the President shall, or any Senator may, call him to order. If a Senator is so called to order, he shall not proceed without leave of the Senate. If such leave is granted, it must be upon the motion, “That he be allowed to proceed in order,” and the Senator shall confine himself to the question under consideration and avoid personality.

    2.  Every decision of points of order made by the President is subject to appeal, and a discussion of a question of order may be allowed only upon the appeal of two Senators. In all cases of appeal, the question must be, “Shall the decision of the Chair stand as the judgment of the Senate?”

Rule No. 11.  Breaches of Decorum.

    1.  In cases of breaches of decorum or propriety, any Senator, officer or other person is liable to such censure or punishment as the Senate may deem proper.

    2.  If any Senator is called to order for offensive or indecorous language or conduct, the person calling him to order shall report the offensive or indecorous language or conduct to the presiding officer. No member may be held to answer for any language used on the floor of the Senate if business has intervened before exception to the language was taken.

    3.  Indecorous conduct or boisterous or unbecoming language is not permitted in the Senate Chamber.

V.  QUORUM, VOTING, ELECTIONS

Rule No. 12.  Action Required to be Taken in Senate Chamber.

    Any action taken by the Senate must be taken in the Senate Chamber.

Rule No. 13.  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. 14.  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. 15.  Manner of Election—Voting.

    1.  In all cases of election by the Senate, the vote must be taken viva voce. In other cases, if a vote is to be recorded, it may be taken by oral roll-call or by electronic recording.

    2.  When a recorded vote is taken, no Senator may:

    (a) Vote except when at his seat;

    (b) Vote upon any question in which he is in any way personally or directly interested;

    (c) Explain his vote or discuss the question while the voting is in progress; or

    (d) Change his vote after the result is announced.

    3.  The announcement of the result of any vote must not be postponed.

VI.  LEGISLATIVE BODIES

Rule No. 16.  Committee of the Whole.

    1.  All bills and resolutions may be referred only to the Committee of the Whole.

    2.  The Majority Leader shall preside as Chairman of the Committee or name a Chairman to preside.

    3.  Any meeting of the Committee of the Whole may be conducted outside the Senate Chamber, as designated by the Chairman of the Committee.

    4.  A member of the Committee may speak only once on an item listed on the Committee’s agenda, for a period of not more than 10 minutes, unless he is granted leave of the Chairman to speak for a longer period or more than once. If a member is granted leave to speak for a longer period or more than once, the Chairman may limit the length of additional time that the member may speak.

    5.  The Chairman may require any vote of the Committee to be recorded in the manner designated by the Chairman.

    6.  All amendments proposed by the Committee:

    (a) Must first be approved by the Committee.

    (b) Must be reported by the Chairman to the Senate.

    7.  The minutes of the Committee’s meetings must be entered in the final Journal.

Rule No. 17.  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. The rules of parliamentary practice contained in Mason’s Manual of Legislative Procedure shall govern the Committee in all cases in which they are applicable and in which they are not inconsistent with the rules and orders of the Senate.

Rule No. 18.  Motion to Rise Committee of the Whole.

    A motion that the Committee rise shall always be in order, and shall be decided without debate.

VII.  RULES GOVERNING MOTIONS

A.  Motions Generally

Rule No. 19.  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. 20.  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. 21.  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.

    3.  There must be no reconsideration of a vote on a motion to postpone indefinitely.

B.  Particular Motions

Rule No. 22.  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. 23.  Lay on the Table.

    A motion to lay on or take from the table shall be carried by a majority vote.

Rule No. 24.  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. 25.  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. 26.  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. 27.  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.  Except as otherwise provided in Senate Rules Nos. 10 and 45 of the 19th Special Session, a Senator may speak only once on a question before the Senate, for a period of not more than 10 minutes, unless he is granted leave of the President to speak for a longer period or more than once. If a Senator is granted leave to speak for a longer period or more than once, the President may limit the length of additional time that the member may speak.

    3.  Incidental and subsidiary questions arising during debate shall not be considered the same question.

Rule No. 28.  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. 29.  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 19th Special Session of the Legislature, and the Joint Rules of the Senate and Assembly for the 19th Special Session of the Legislature.

Rule No. 30.  Suspension of Rule.

    No rule or order of the Senate for the 19th Special Session of the Legislature shall be rescinded or changed without a majority vote of the Senate; but, except as otherwise provided in Senate Rule No. 39 of the 19th Special Session of the Legislature, a rule or order may be temporarily suspended for a special purpose by a majority vote 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. 39 of the 19th Special Session of the Legislature relating to the third reading of bills, which cannot be suspended.

Rule No. 31.  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. 32.  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. 33.  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. 34.  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. 35.  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. 36.  Questions Relating to Priority of Business.

    All questions relating to the priority of business shall be decided without debate.

B.  Bills

Rule No. 37.  Requests for the Drafting of Bills, Resolutions and Amendments.

    The Legislative Counsel shall not honor a request for the drafting of a bill, resolution or amendment to be introduced in the Senate unless it is submitted by the Committee of the Whole, a Conference Committee or the Governor.

Rule No. 38.  Introduction of Bills.

    1.  Except as otherwise provided in this rule, no bill or resolution may be introduced in the Senate unless it is first approved by the Committee of the Whole.

    2.  The provisions of subsection 1 do not apply to a bill or resolution that is:

    (a) Required to carry out the business of the Senate or the Legislature; or

    (b) Requested by the Governor.

    3.  Skeleton bills may not be introduced.

Rule No. 39.  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 of the members elected to the Senate.

    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 receive no further consideration?” 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. 40.  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. 41.  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.

    2.  Only amendments proposed by the Committee of the Whole or a Conference Committee may be considered.

    3.  Amendments proposed by the Committee of the Whole and reported with bills 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.

Rule No. 42.  Reconsideration of Vote on Bill.

    No motion to reconsider a vote is in order.

C.  Resolutions

Rule No. 43.  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. 44.  Treated as Motions.

    Resolutions, other than those referred to in Senate Rule No. 43 of the 19th Special Session of the Legislature, shall be treated as motions in all proceedings of the Senate.

Rule No. 45.  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. A member may speak under this order of business for a period of not more than 5 minutes each day.

Rule No. 46.  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. 47.  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. 48.  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.

    Senator Raggio requested that the following remarks be entered in the Journal.

    Senator Raggio:

    Senate Resolution No. 1 provides for the adoption of the Senate Rules for the 19th Special Session of the Legislature. Because of the limited time available to consider the issues presented in the Governor’s Proclamation, these rules have been drafted to accommodate the special circumstances of this session and have been based on the rules that the Senate adopted for the 18th Special Session. The rules provide that the Senate will meet as a Committee of the Whole to hear all testimony on the legislation to be considered. This ensures that all members of the Senate can have input into the process and avoids the duplication of testimony.

    We will enact a revenue plan and deal with the other issues in the Governor’s Proclamation. The issues deal with the distributive school account and the class-size legislation. One item not on the proclamation which will have to be added is S.B. No. 191 of the 72nd Session which provides the essential funding for the No Child Left Behind Act, and that has to be enacted. I will convey that to the Governor by June 9. That is the outside date; otherwise, we lose all of the federal funding that goes with that bill.

    We have been through 120 days of a complex and difficult session. We have focused on a revenue plan to fund a budget. The budget has been passed by both Houses. It needs to be funded. We could continue to argue about the issues, but the Governor has limited our decisions to developing a revenue plan and to passing out appropriate measures dealing with class-size funding and the distributive school account.

    There may be some criticism that we did not reach a decision and that caused us to be in a special session. I view it as a situation where we were involved in a 120-day process. We heard from all kinds of special interests, and they are dedicated to their positions. It is time for the Legislature to step back and to ask these people to do the same so that we may take a fresh start on this task. We do so in as cost efficient a manner as possible. We can remove ourselves from extraneous issues we were dealing with during the regular Session. We can now focus on these specific items. The public expects no less. They expect us to act as a legislative body and to operate as Legislators without undue outside influence. That will happen if we adopt these procedures and adopt these rules.

    Under the rules, every member will be a member of the Committee of the Whole and will participate on an equal basis. We should participate in that format and avoid as many outside meetings as possible. This should be as public a process as possible. A bill or resolution may not be introduced unless it is first approved by the Committee. Exceptions have been provided for bills that are necessary to carry out the business of the Senate so that the Senate may begin to conduct its business as soon as possible. The Committee of the Whole must also approve any amendments to legislation being considered. An amendment that is not proposed by the Committee of the Whole or by a conference committee may not be considered.

    The staff and the bill drafters were overworked during the last session. They were in a situation where, during the last days, people were standing in line at their door wanting amendments. The tax plan had 23 amendments requested. There were others standing in line to get more. During the last special session, we accommodated that concern on mechanics. We required that the bills and amendments be addressed through the Committee of the Whole. We gave full opportunity for those to be considered. Exceptions have been made for bills necessary for carrying out the business of the Senate. Under the rules, the Committee of the Whole must approve any amendment to legislation being considered. An amendment not proposed by the Committee of the Whole or a conference committee may not be considered. Anticipating that, there should not be any serious debate or concern about some of the issues. We have approved the class-size reduction funding. We have approved the distributive school account funding. I have requested bills for those purposes in compliance with the proclamation so we may get those issues out of the way. They would be co-sponsored by the Minority Leader and the Majority Leader.

    In order to complete our business in an expedient manner, there are certain limitations on the period of time a member of the Committee of the Whole and members of Senate may speak on a question when the Senate is in session. Members of the Committee may speak on an item on the Committee’s agenda for no more than 10 minutes. However, it is understood that a certain amount of flexibility is required to allow a proper understanding of the issues before us. Therefore, the rules allow the Chairman of the Committee or the President of the Senate to extend the amount of time for discussion if required for a full understanding of an issue being addressed.

    Finally, under the rule, it may be necessary to shorten the length of time required to process bills. To ensure that there is no delay in completing the special session, the rules of the Senate may be suspended by a majority vote unless a two-thirds vote is required by the State Constitution. For this same purpose, a motion to reconsider a vote will not be in order.

   Senator neal:

    Thank you, Madam President. Do I understand that the Committee of the Whole would take statements to be included in any bill and consider those statements if voted upon by the majority of the committee to create an amendment? The reason I am asking this question is that I have an interest in increasing the gaming tax. We had amendments on the floor that could not be placed into any of the bills that were introduced in this last session. If I should happen to propose a question or addition to a bill, would it mean that I would have to get a majority vote of the committee? If that is the case, then the committee could move forward to have that drafted into the bill itself. Is that correct?

    Senator Raggio:

    I envision it operating in this manner. This issue is unique. As I indicated when referring to the distributive school fund, the bill can be disposed of easily. When we deal with a revenue plan, we understand that any revenue plan must receive a two-thirds vote of this House to be passed. The same is true in the other House. Eventually, any tax or revenue plan is going to have to receive a two-thirds vote by both Houses. If we adopt these rules, the Committee of the Whole will begin work tomorrow morning. I have alerted the staff to be available, and we will be sharing them with the other House. The staff of the Senate Finance Committee and the Senate Taxation Committee as well as other appropriate staff will be available to sit with the Committee of the Whole. The tax committee has been through extensive discussions on the revenue plan. There might be new plans with new components.

    I was asked by the press if the gross receipt tax is still an issue. Having spoken with many of you and with the Speaker and the Minority Leader of the other House, I made the statement that the gross receipt tax or any progeny of it is off the table. That is my opinion but measured by what I hear. We ought to move ahead from that point and discuss other alternatives to what is considered a broad-based tax that fits into a revenue plan.

    Both the Governor and I have been asked by the press, "if that is off the table, what kind of broad-based tax will be considered in any revenue plan?" It depends on whom you ask as to what a broad-based tax plan is. It is usually the tax that a person does not pay. We have to do this correctly. Not everyone here sat on the taxation committee or on the finance committee. As Majority Leader, I will designate myself as Chairman and I will designate Senator McGinness, who Chairs the Senate Taxation Committee, as Vice Chairman of the Committee of the Whole.

    I have asked the staff to be ready tomorrow to go through all of the components suggested for any revenue plan. That includes Senator Neal’s suggestion about gaming. It includes all of the items without objections, some about the removal of rebates or allocations. We will have those reviewed without having much additional input because they are familiar now. As Chairman of the Committee of the Whole, it will be appropriate, as we look at each item, to determine whether or not there is a two-thirds vote in this House to support any particular segment of a plan. I am not certain, that in those decisions, a majority vote would be of any real indication of House passage. We should go down the list without specifying a rate or an amount of money, just determine whether or not there are two-thirds of the members of this Senate who would support any component of a proposed plan.

    There are many other ideas out there. Other ideas include a net profits tax, a payroll tax, a gaming tax, a room tax and a sales tax. I have not placed these in any particular order or priority. If additional information is necessary, I am certain the representatives from various sectors are ready to give us any additional information that is needed. They do not need to expand a great deal on what they have already presented, either publicly in the taxation committee or privately in the hallways. I want to emphasize that we can do this in an orderly fashion. If we go through and reach the bottom of this list, we should have a good idea what two-thirds of this body is ready to support. At that point, we will know the numbers necessary to   fund a budget.

    Everyone in this House will participate. We are not doing it in a separate Republican caucus or a separate Democrat caucus or in little groups in smoke filled rooms. We can get to the point where we can start talking about this rate or that rate. I want to make it clear that we are trying to do this efficiently and objectively and to not waste our time. If there is a component in there, whether it is your favorite topic or mine, and there is not a chance of getting a two-thirds vote, it will be dropped. My goal is not to go into a second or third special session.

    Senator Neal:

    Thank you, Madam President. I did have some questions on the debate on page 11, subsection 2, but I am not going to argue the point even though I know and continue to accept that this rule you have provided is a precedent for future Legislatures. As you know in last session’s Journal,  I protested a certain rule being included. I am not going to do that today.

    In my last response to the Majority Leader, relative to my issue of imposing an increase in the gaming tax, we are not afraid of the two-thirds majority vote because 67 percent of the people of this State have indicated they want an increase in the gaming tax.

    Resolution adopted unanimously.

    By Senators Raggio and Titus:

    Senate Resolution No. 2—Providing that no allowances will be paid for the 19th Special Session of the Nevada Legislature for periodicals, stamps, stationery or communications.

    Resolved by the Senate of the State of Nevada, That for the 19th Special Session of the Nevada Legislature, no allowances will be paid for members of the Senate for periodicals, stamps, stationery or the use of telephones and no allowances will be paid for the President Pro Tempore, Majority Leader, Minority Leader or chairman of a committee of the Senate for postage, telephone tolls or other charges for communications.

    Senator Raggio moved the adoption of the resolution.

    Remarks by Senators Raggio and Coffin.

    Resolution adopted unanimously.

    By Senators Raggio and Titus:

    Senate Resolution No. 3—Providing for the appointment of attaches.

    Resolved by the Senate of the State of Nevada, That the following persons are elected as attaches of the Senate for the 19th Special Session of the Nevada Legislature: Mary Jo Mongelli, Ann-Berit Moyle, Mary R. Phillips, Molly Dondero, Susan S. Whitford, Rebecca M. Harris, Charles P. Welsh, Sam A. Palazzolo, John D. Turner, Ronald Sandoval, Evelyn Mattheus, Jo Greenslate, Barbara Moss, Alice Nevin and Patricia Vardakis.

    Senator Raggio moved the adoption of the resolution.

    Remarks by Senator Raggio.

    Resolution adopted unanimously.


MESSAGES FROM THE ASSEMBLY

Assembly Chamber, Carson City, June 3, 2003

To the Honorable the Senate:

    I have the honor to inform your honorable body that the Assembly on this day adopted Assembly Concurrent Resolution No. 1.

Diane Keetch

Assistant Chief Clerk of the Assembly

MOTIONS, RESOLUTIONS AND NOTICES

    Assembly Concurrent Resolution No. 1—Adopting the Joint Rules of the Senate and Assembly for the 19th Special Session of the Legislature.

    Resolved by the Assembly of the State of Nevada, the Senate Concurring, That the following Joint Rules of the Senate and Assembly for the 19th Special Session of the Legislature are hereby adopted:

APPLICABILITY OF JOINT RULES

Rule No. 1.  Generally.

The Joint Rules for the 19th Special Session of the Legislature are applicable only during the 19th Special Session of the Legislature.

CONFERENCE COMMITTEES

Rule No. 2.  Procedure Concerning.

    1.  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.

    2.  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.

    3.  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. 3.  Procedure Concerning.

    1.  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.

    2.  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 any message from the Governor to be received, read and entered in full in the Journal of proceedings.

    3.  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. 4.  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. 5.  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. 6.  Joint Sponsorship.

    1.  A bill or resolution introduced by a committee of the Senate or Assembly may, at the direction of the chairman of the committee, set forth the name of a committee of the other House as a joint sponsor, if a majority of all members appointed to the committee of the other House votes in favor of becoming a joint sponsor of the bill or resolution. The name of the committee joint sponsor must be set forth on the face of the bill or resolution immediately below the date on which the bill or resolution is introduced.

    2.  The Legislative Counsel shall not cause to be printed the name of a committee as a joint sponsor on the face of a bill or resolution unless the chairman of the committee has signed his name next to the name of the committee on 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 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 nonprimary 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 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 committee as a primary joint sponsor, the statement must be signed by the chairman of the committee. 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 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.

PRINTING

Rule No. 7.  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. 8.  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. 9.  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. 10.  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 a 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. 11.  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. 12.  Duties of Secretary of Committees and Director.

    1.  Each committee shall cause a record to be made of the proceedings of its meetings.

    2.  The secretary of a committee 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.

LIMITATIONS ON REQUESTS FOR

DRAFTING OF LEGISLATIVE MEASURES

Rule No. 13.  Germaneness Required for 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. 14.  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. 15.  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 Committee on Elections, Procedures and Ethics of the Assembly or the Committee of the Whole of the Senate, as appropriate. If the Speaker of the Assembly or the Majority Leader of the Senate is a member of one of these committees, 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 the adoption of the resolution.

    Remarks by Senator Raggio.

    Resolution adopted unanimously.

    Resolution ordered transmitted to the Assembly.

    Senator Raggio moved that the Senate adjourn until Wednesday, June 4, 2003, at 9 a.m.

    Motion carried.

    Senate adjourned at 6:19 p.m.

Approved: Lorraine T. Hunt

President of the Senate

Attest:    Claire J. Clift

                Secretary of the Senate