Journal
of the
Assembly of the State
of Nevada
¾¾¾¾¾¾
Seventieth SESSION
¾¾¾¾¾¾
THE FIRST DAY
Carson City (Monday), February 1, 1999
Pursuant to the provisions of the Constitution and Statutes, the Assembly was called to order by Secretary of State Dean Heller at 12 noon.
Prayer by the Chaplain, Father Thomas Wright.
In the name of the Father, the Son, and the Holy Spirit, Yahweh, Lord of the desert, Ruler of the pine covered hills, He who blesses the fertile ground. We are here today to begin the business of the people of the State of Nevada. To do this, we will need wisdom, patience, mutual forbearance and good will. Keep our minds on the whole state and not just the part we come from. Help us to overcome the temptation to play power games. We must realize that all our power comes ultimately from You through the people of Nevada. We ask this in Your name. Amen.
Presentation of Colors by the Clark County Fire Department Honor Guard.
Pledge of allegiance to the Flag.
Musical rendition of The National Anthem presented by Mrs. Sheryl
Seaman.
Mr. Secretary of State requested Ms. Jacqueline Sneddon to serve as temporary Chief Clerk of the Assembly.
Roll called.
Present: Assemblymen Anderson, Angle, Arberry, Bache, Beers, Berman, Brower, Buckley, Carpenter, Cegavske, Chowning, Claborn, Collins, de Braga, Dini, Evans, Freeman, Gibbons, Giunchigliani, Goldwater, Gustavson, Hettrick, Humke, Koivisto, Lee, Leslie, Manendo, Marvel, McClain, Mortenson, Neighbors, Nolan, Ohrenschall, Parks, Parnell, Perkins, Price, Segerblom, Thomas, Tiffany, Von Tobel and Williams.
Mr. Secretary of State appointed Assemblymen Giunchigliani, Beers, Leslie, Perkins, Von Tobel, Price, Dini, McClain and Tiffany as a temporary Committee on Elections, Procedures, and Ethics.
Assembly in recess at 12:11 p.m.
ASSEMBLY IN SESSION
At 12:26 p.m.
Mr. Secretary of State presiding.
Quorum present.
REPORTS OF COMMITTEES
Mr. Secretary of State:
Your temporary Committee on Elections, Procedures, and Ethics has had the credentials of the respective Assemblymen-elect under consideration, and begs leave to report that the following persons have been and are duly elected and qualified members of the Assembly of the 70th Session of the Legislature of the State of Nevada: Assemblymen Anderson, Angle, Arberry, Bache, Beers, Berman, Brower, Buckley, Carpenter, Cegavske, Chowning, Claborn, Collins, de Braga, Dini, Evans, Freeman, Gibbons, Giunchigliani, Goldwater, Gustavson, Hettrick, Humke, Koivisto, Lee, Leslie, Manendo, Marvel, McClain, Mortenson, Neighbors, Nolan, Ohrenschall, Parks, Parnell, Perkins, Price, Segerblom, Thomas, Tiffany, Von Tobel and Williams.
Chris Giunchigliani, Chairman
Assemblywoman Giunchigliani moved the adoption of the report.
Motion carried unanimously.
Mr. Secretary of State appointed Assemblymen Buckley and Humke as a committee to escort Chief Justice Robert E. Rose of the Supreme Court of the State of Nevada to the rostrum to administer the oaths of office to the Assemblymen.
Chief Justice Rose administered the oaths of office to the Assemblymen.
Assemblyman Price moved that Chief Justice Rose be given a unanimous vote of thanks for administering the oath.
Motion carried unanimously.
The appointed committee escorted the Chief Justice of the Supreme Court to the bar of the Assembly.
Mr. Secretary of State requested the temporary Chief Clerk call the roll of those Assemblymen for whom Certificates of Election had been issued.
Roll called.
Present: Assemblymen Anderson, Angle, Arberry, Bache, Beers, Berman, Brower, Buckley, Carpenter, Cegavske, Chowning, Claborn, Collins, de Braga, Dini, Evans, Freeman, Gibbons, Giunchigliani, Goldwater, Gustavson, Hettrick, Humke, Koivisto, Lee, Leslie, Manendo, Marvel, McClain, Mortenson, Neighbors, Nolan, Ohrenschall, Parks, Parnell, Perkins, Price, Segerblom, Thomas, Tiffany, Von Tobel and Williams.
Mr. Secretary of State announced that there would be no temporary organization of the Assembly, and that all nominations were in order for permanent appointment.
Mr. Secretary of State declared that nominations were in order for Speaker.
Assemblyman Perkins nominated Assemblyman Dini for Speaker.
Remarks by Assemblyman Perkins.
Assemblywoman Buckley requested that the following remarks be entered in the Journal.
Assemblyman Perkins:
Thank you, Mr. Secretary of State. It is indeed my privilege, and one I consider my greatest honor, to place in the nomination to be Speaker of the Assembly for the 70th Session of the Nevada Legislature, continuing his historic and record-setting eighth occasion as Speaker, a gentleman whom I have had the privilege to serve with for four terms. This eighth occasion continues an accomplishment that shall never be equaled. When you look at the long and distinguished history of this institution, you will find no one who has served with a higher degree of distinction; no one who has represented this body in a finer fashion. He is a man with a wry smile, quick wit, unmatched humility, and undying love for this great state and its people. Mr. Secretary of State, I place in the nomination to be Speaker of the Assembly, my friend, Mr. Speaker, the Honorable Joseph E. Dini, Jr. of Yerington.
Assemblywoman Evans moved that nominations be closed.
Motion carried unanimously.
Mr. Secretary of State declared Assemblyman Dini to be Speaker of the Assembly.
Mr. Secretary of State appointed Assemblymen Perkins and Anderson as a committee to escort the Speaker to the rostrum.
Mr. Speaker presiding.
Assemblywoman Chowning moved that Secretary of State Heller be given a unanimous vote of thanks for his services to the Assembly.
Motion carried unanimously.
Mr. Speaker appointed Assemblymen Manendo and Cegavske as a committee to escort the Secretary of State to the bar of the Assembly.
The appointed committee escorted Secretary of State Heller to the bar of the Assembly.
Remarks by Mr. Speaker.
Assemblyman Perkins requested that the following remarks be entered in the Journal.
Mr. Speaker:
Thank you. Welcome class of ’99, Nevada State Assembly. What a moment. Think of it—it is opening day at the Legislature—today really happened—you are here. Pinch yourself, enjoy this moment. You Assemblymen and Assemblywomen have worked hard to get here and are joined by your family and friends. You are entitled to enjoy everything about this moment. Congratulations.
As we embark on the path of making Nevada an even better state, remember how you feel this very instant. Stow it away forever. I think one pretty good way of describing this moment can be found in the title of a rock ballad authored a few years ago by songwriter Mary Chapin Carpenter entitled, “I Feel Lucky.” Without a doubt, we each have many reasons to feel lucky today. Very possibly one reason which is foremost in your mind is that you are no longer working to get elected, you are elected.
For one, I feel lucky to be an American—lucky to be a Nevadan—lucky to have earned the confidence of my constituents—lucky to be here today. My parents were immigrants to this great country. When I reflect back on my own citizenship, truly I feel lucky to have learned first hand the achievability of reaching the American Dream—so too would you.
It is no small accomplishment that today you begin or continue your journey as a lawmaker of this state. And in part that’s because despite whatever measure of luck each of us may have had in getting here, I am reminded of the time tested saying that people tend to make their own luck in the form of hard work, as I’m sure was the case in your election. But that election phase is past and a new chapter is opened with your swearing in.
For as the campaign success you experienced vanishing in the rear view mirror, looming straight ahead is the challenge of Super Highway Two Thousand, a multi-billion dollar budget, countless needs, and limited resources. And whether we are chosen to return here two years from now will depend in good part on how well that challenge is met.
As a small business owner, I view today as the first day on the job under a new work contract each of us has been given by our employer. Our employers are the people of our district and in a larger sense the people of Nevada. And last November third, our employeradded a new stipulation for employees—our work must be completed within 120 days. Although that may sound like a long time, I sense you will find it isn’t. With the additional challenges Nevada faces, the charge is clear—do more in less time.
On this wonderful, festive day we can easily lose sight of the fact that soon, very soon, you will be sitting in on committee hearing after committee hearing and floor session after floor session, from early morning to late afternoon, and I suspect, fairly soon, evenings and weekends. This house will be meeting and dealing with reams and reams of bills, amendments, and resolutions. And here I’d better advise you, that regardless of how early you start or how late you finish, don’t plan on sending me any overtime pay requests because Idon’t think that ballot question provided for overtime pay. I think it said a 120-day session, but you only get sixty days pay.
On a more serious note, for a moment I would like to share with you a little research I did on us. We are a diverse group. The backgrounds of the 42 people here are really interesting. Collectively, we come from many fields including: small business; ranching; education; computer science; real estate; nursing; investments; construction; nuclear physics; and law enforcement to name a few. That last one may come in handy in the event of any uprisings that might occur in the Assembly. Personally, I am thankful that ourmembers are so diverse. The nearly fifteen hundred bill drafts which have already been requested cover numerous topics. The pathway to success involves several elements. As you recall from your government classes, there are three branches of government: the Executive Branch, which approves or rejects laws, is headed in Nevada by newly elected Governor Kenny Guinn; the Judicial Branch interprets (and sometimes makes new laws) the legality of laws and is comprised of several new members from the State Supreme Court to district courts and justice courts; and the Legislative Branch, which originates laws, is made up of the State Senate and this Assembly. The approval of both houses is essential to the passage of bills—neither one can do so without the other. And do not forget that. And there is a good deal of law potentially under consideration—in all, there is eighteen thousand-plus pages of Nevada Revised Statutes. Some people say 50 percent of them should be repealed.
For a moment, I would like to talk about this Assembly. Because all my legislative service has been in this house, I have gained a pretty good feel for this half of the Legislature. Some people call this the lower house, but personally I view this Assembly as the “People’s House.”
There are twice as many assemblymen and assemblywomen as there are senators. Ours really is a melting pot of experience and backgrounds. The state needs that diversity and the very best personal individual attention all 42 of us have to get the job done. In the process of acting on the proposals before us, I expect our deliberations to be thoughtful, careful, and yes, even a little spirited from time to time. In those deliberations, consider the matters before you carefully. Do your homework. Failing to do so leaves you with the choice of sticking you with a bad position on a bill because you did not do your homework or flip-flopping and changing your position because it is not the right position. Neither position will help you at all.
And I encourage you to use all the tools at your disposal. A few sessions back, there was some kind of kidding about teaching veteran lawmakers how to use conventional computers and laptops. Now, I must confess that I am not exactly among the vanguard of technology—I can promise you that. I have been working at home and in hidden places trying to get up to speed with the computer so I can do the budget. I must take lessons from Minority Floor Leader Hettrick.
Shifting gears a little, it has been my experience that on balance there has been a bipartisan cooperation in this chamber on the bills affecting our great state. I would expect that to be the case again in 1999, especially in light of the 120-day limitation on legislative sessions.
That is not to say that there should not be legitimate differences of opinion—there should be. However, I think we can take a lesson from some of our legislative colleagues on the foggy banks of the Potomac as far as how it should not be done. The acrimony at that level should be avoided whenever possible. The people of Nevada deserve better than that from us.
It really should come down to accomplishments for the state. In the past few sessions of this legislature a great deal has been accomplished for Nevada. Those of you who have served here before can be proud of that record. By rolling up your sleeves and getting down to work, in recent years you have helped put this state at the front of the pack in several areas. They include: reducing our welfare rolls; enacting a patient bill of rights; and initiating class sizereduction to name just a few. Those of you who are here for the first time in 1999 will also be able to look back two years from now and see a better Nevada for your efforts here today.
The time for resting on laurels is down the road. There will not be much time for that in the next 120 days. The budget shortfall is a grim reminder that Nevada will struggle to keep pace with the demands of our rapidly growing state during the duration of this legislative session. We will need to dedicate ourselves to our work to be sure that our tax dollars are spent wisely and that we cut waste and duplication. At the same time we need to examine how to raise money to address the structural problems now, while our economy isbooming and unemployment is down. A lot is at stake here, including the very future of our state economy which, almost without exception, has been so reliable in recent times.
As a grandfather and great-grandfather, I am particularly concerned about our children. As an aside, you would be concerned too if you had the task of chasing a pair of three-year-old twin great-grandkids around the house. Actually, with their dynamics, fear is a more accurate word in our relationship. Seriously, though, the quality of the next generation’s future is something we as lawmakers need to consider today. After all, they will be the leaders of this state andnation in the not too distant future.
For one, I believe we must give our schools and our teachers the tools they need to help every child compete in the world they will inherit. We must take steps to ensure that effective student discipline codes exist so our schools are safe. And we need to do all we can to be certain each young person has the opportunity to hold a good job. The Schools to Career program is an excellent way of getting young people into meaningful careers.
On a personal note, I am honored by your confidence in electing me Speaker of the Assembly. I believe we have an excellent leadership team in this house, including Assembly Minority Floor Leader Lynn Hettrick, who shares my belief that we can function in a bipartisan fashion, as does Assembly Majority Floor Leader Rich Perkins. Lynn, Rich, I appreciate your efforts to this end.
I am also appreciative for the efforts of all the other leadership members, including my committee chairmen. I can not say enough about Chief Clerk Jacque Sneddon and her entire staff. They make it possible for all of us to do our jobs. Please join me in giving Jacque and her staff a big hand.
I would like to thank each and every assemblywoman andassemblyman here. I’m impressed with this group. It should be a great team. Savor this moment. Share it with your family and friends. I applaud you and look forward to working with you.
In closing, as I said at the outset, I truly do feel lucky today—lucky to be alive in this country and this state and this time—lucky to be able to share this moment with my family and friends—lucky to be able to serve my state. As the 42 members of this body go about the task of leading the way through the legislative brambles we will face, I would like to leave you with a quote that goes beyond leadership. It is from a French philosopher, Albert Camus, and it was first spoken in this Assembly in 1987 or 1989 by a good friend of mine who is no longer with us, Dr. Marvin Sedway. Camus said, “Don’twalk behind me for I may not lead. Do not walk in front of me for I may not follow. Just walk beside me and be my friend.” Friends, on this wonderful day, this message of friendship seems appropriate. I look forward to walking side by side with you as we work for a better, brighter Nevada. Thank you so much for reelecting me Speaker.
Mr. Speaker declared that nominations were in order for Speaker pro Tempore.
Assemblywoman Buckley nominated Assemblywoman Evans for Speaker pro Tempore.
Remarks by Assemblywoman Buckley.
Assemblyman Perkins requested that the following remarks be entered in the Journal.
Assemblywoman Buckley:
Thank you, Mr. Speaker. Assemblywoman Jan Evans has ably represented Assembly District 30 for six sessions and now is with us to represent that district for her seventh. She is thoughtful, articulate, and hard working: on our budget; on education; School to Work; health; to name a few. We are all proud to have her as our colleague. I feel privileged to nominate Assemblywoman Jan Evans to be Speaker Pro Tempore.
Assemblyman Goldwater moved that nominations be closed.
Motion carried unanimously.
Mr. Speaker declared Assemblywoman Jan Evans to be Speaker pro Tempore of the Assembly.
Mr. Speaker declared that nominations were in order for Chief Clerk.
Assemblyman Perkins nominated Ms. Jacqueline Sneddon to be Chief Clerk.
Assemblyman Hettrick moved that nominations be closed.
Motion carried unanimously.
Mr. Speaker declared Ms. Jacqueline Sneddon to be Chief Clerk of the Assembly.
A committee from the Senate composed of Senators Amodei, O’Donnell and Schneider appeared before the bar of the Assembly and announced that the Senate was organized and ready for business.
Mr. Speaker appointed Assemblymen Giunchigliani, Arberry and Marvel as a committee to inform the Senate that the Assembly was organized and ready for business.
Mr. Speaker appointed Assemblymen Perkins, Neighbors and Nolan as a committee to inform the Governor that the Assembly was organized and ready for business.
Mr. Speaker announced that if there were no objections, the Assembly would recess subject to the call of the Chair.
Assembly in recess at 1:56 p.m.
ASSEMBLY IN SESSION
At 2:26 p.m.
Mr. Speaker presiding.
Quorum present.
MOTIONS, RESOLUTIONS AND NOTICES
Assemblywoman Giunchigliani reported that her committee had informed the Senate that the Assembly was organized and ready for business.
Assemblyman Perkins reported that his committee had informed the Governor that the Assembly was organized and ready for business.
Assemblyman Perkins moved that persons as set forth on the Nevada Legislature’s Press Accreditation List of February 1, 1999 be accepted as accredited press representatives, that they be assigned space at the press table in the Assembly chambers, that they be allowed use of appropriate broadcast facilities, and the list be included in this day’s journal.
GAMING TODAY: Chuck Di Rocco, Ray Poirier and Dave Tuley; BATTLE MOUNTAIN BUGLE: Doug Janousek and Dan Bell; NORTH LAKE TAHOE BONANZA: Irwin M. Goldberg, Teresa Mills-Faraudo, Petra von Ziegesar and Michael Okimoto; LINCOLN COUNTY RECORD: Connie Simkins, Shelley Wadsworth, Gary McCuin and John McLain; MASON VALLEY NEWS/FERNLEY LEADER-DAYTON COURIER: Jim Sanford, Dave Sanford, Laura Tennant, Betty Aleck, Keith Trout and Staci Emm; NEVADA LEGAL NEWS: Scott Sibley; MINERAL COUNTY INDEPENDENT-NEWS: Frank Hughes, Tony Hughes and Ted Hughes; LAS VEGAS REVIEW-JOURNAL: Sherman Frederick, Thomas Mitchell, Charles Zobell, Annette Caramia, Don Ham, Mary Hynes, Rose Hutchinson, Doug Puppel, Michael Hiesiger, Jim Laurie, Jane Ann Morrison, Shaun McKinnon, Peter O’Connell, Joe Schoenmann, Glenn Puit, Tanya Flanagan, Debra Bass, Keith Rogers, Warren Bates, Dave Berns, Hubble Smith, John Edwards, Monica Caruso, John Gurzinski, Jeff Scheid, Gary Thompson, Graig Moran, Mike Salsbury, Clint Karlsen, Ed Vogel and Sean Whaley; TONOPAH TIMES-BONANZA: Joyce Swinney, Bill Roberts and B.J. Roberts; LAS VEGAS BUSINESS PRESS: Hugh Jackson, Rod Smith, Vita Reed, Sharon Gerrie, Sherri Cruz and Ken Ward; NEVADA APPEAL: Geoff Dornan, Christy Chalmers, Teya Vitu, Kelli DuFresne, Robb Hicken and Barry Smith; NORTH AMERICAN MINING MAGAZINE: Dorothy Kosich; DAILY SPARKS TRIBUNE: Pat Loveless, Jerry Thull, Jimmy Boegle, Willie Albright and Janine Simonaski; THE ASSOCIATED PRESS: Brendan Riley, Jennifer Coleman and Kiley Russell; LAHONTAN VALLEY NEWS AND FALLON EAGLE-STANDARD: David C. Henley, Publisher, Anne Pershing, Steve Lyon, Marlene Garcia, Heather Singer and Lois Gormley; ELKO DAILY FREE PRESS: Adella Harding, Steve Sexton, Mel Ewald, Sandy Miller, Rex Steninger, Dan Steninger and Mark Waite; HIGH DESERT ADVOCATE: Howard Copelan, Chris Hanefield and Anne Copelan; LAS VEGAS SUN: Cy Ryan, Jeff German, Adrienne Packer, Erin Neff, Karen Zekan, Martin Kuz, Stacy Willis, Gary Thompson, Rick Velotta, John Wilen and Lisa Snedeker; PAHRUMP VALLEY GAZETTE: Andy Holtmann and Dann Weeks; RENO GAZETTE-JOURNAL: Bill O’Driscoll, Jennifer Crowe, Faith Bremner, Frank Mullen, Dave Parker, Tim Dunn, Marilyn Newton, Anjeanette Damon, John Stearns, Ken Alltucker, Andy Barron, Scott Sady, Jean Dixon Gosen, Mike Henderson, Steve Timko, Barbara Anderson, Jeff DeLong, Patty Steele, Jody Rice, Tim Anderson and Lisa Tolda; THE RECORD-COURIER: Belinda Grant, Sharon Carter, Linda Hiller and Sheila Gardner; TASMAN PACIFIC MEDIA GROUP: LTD. Peter Hutchinson; KLAS-TV, LV: George Knapp and Eric Sorenson; KLVX-TV Ch. 10, LV: Jennifer Arterburn, Mitch Fox, Dave Molinaro, Kenny Ortiz, Kevin Robinson, Nick Sinnott, Thomas Sarno and Mark Williams; KNPB-TV, Ch. 5, Reno: Rosemary McCarthy; KOLO-TV Ch. 8, Reno: Claudi Aguayo, Steve Arlitz, Bruce Bolf, Brent Boynton, Jennifer Burton, Kim Capozzo, John Carroll, Beryl Chong, Danita Cohen, Mark Cronon, Tad Dunbar, Terri Hendry, Dave McCain, Dennis Myers, Terri Russell, Shelly Segale, Matt Skryja, Sam Shad, Tim Tupper and Steven Viel; KRNV-TV, Reno: Jim Atcheson, Jeff Foss, Dave Hall, Kevin Mahan, Kaustk Rhakta and Roderick Schmidt; KTVN-TV, Reno: Tony Adkisson, Jennifer Bowker, Ciara Coyles, Bob DeCastro, Jeremy Flint, Brian Hickey, Tim Ill, Iris Imperial, Gina Martini, Jane McCarthy, John Mercer, J.K. Metzker, Bob Moffitt, Mitch Morales, Chris Murphy, Art Pines, Karen Reuter, Steve Ricards, Sharon Tutrone, Garrett Wichmann, Wendy Wyness and Kristin Zvirgzdins; KVUU-TV, LV: (Reporters) Darryl Hood, Kelly Krapf, Christine Mahoney, Colleen McCarty and Ann Rubin, (Photographers) Garrett Breit, Matt Cassens, Tim King, Ley Vaughn and Fletcher Yeung.
Motion carried.
Mr. Speaker announced the following standing committees, the first-named member of each committee being the chairman, the second-named being the vice-chairman:
COMMERCE AND LABOR—
Buckley, Perkins, Arberry, Dini, Evans, Giunchigliani, Goldwater, Parks, Segerblom, Beers, Berman, Hettrick, Humke, Nolan.
CONSTITUTIONAL AMENDMENTS—
Price, Mortenson, Anderson, Leslie, Brower, Gustavson, Von Tobel.
EDUCATION—
Williams, Collins, Chowning, de Braga, Koivisto, Manendo, Ohrenschall, Parnell, Angle, Brower, Cegavske, Gustavson.
ELECTIONS, PROCEDURES, AND ETHICS—
Giunchigliani, Price, Dini, Leslie, McClain, Perkins, Beers, Tiffany, Von Tobel.
GOVERNMENT AFFAIRS—
Bache, Lee, Freeman, Mortenson, Neighbors, Parnell, Segerblom, Thomas, Williams, Berman, Gibbons, Humke, Tiffany, Von Tobel.
HEALTH AND HUMAN SERVICES—
Freeman, Koivisto, Buckley, Leslie, Manendo, McClain, Thomas, Williams, Angle, Berman, Gibbons, Von Tobel.
JUDICIARY—
Anderson, Manendo, Buckley, Claborn, Collins, Koivisto, Leslie, McClain, Ohrenschall, Angle, Brower, Carpenter, Gustavson, Nolan.
NATURAL RESOURCES, AGRICULTURE, AND MINING—
de Braga, Segerblom, Bache, Claborn, Lee, Mortenson, Neighbors, Ohrenschall, Parnell, Carpenter, Hettrick, Humke, Marvel.
TAXATION—
Goldwater, Neighbors, Anderson, Arberry, Freeman, Lee, Manendo, Mortenson, Price, Brower, Gibbons, Marvel, Tiffany.
TRANSPORTATION—
Chowning, Ohrenschall, Bache, Claborn, Collins, McClain, Parks, Parnell, Thomas, Carpenter, Cegavske, Gustavson, Nolan.
WAYS AND MEANS—
Arberry, Evans, Chowning, de Braga, Dini, Giunchigliani, Goldwater, Parks, Perkins, Price, Beers, Cegavske, Hettrick, Marvel.
MAJORITY FLOOR LEADER—
Richard D. Perkins.
ASSISTANT MAJORITY FLOOR LEADER—
Barbara Buckley.
MAJORITY WHIP—
Wendell Williams.
ASSISTANT MAJORITY WHIP—
David Parks.
MINORITY FLOOR LEADER—
Lynn C. Hettrick.
ASSISTANT MINORITY FLOOR LEADER—
Barbara Cegavske.
ASSISTANT MINORITY FLOOR LEADER—
David Humke.
MINORITY WHIP—
Dennis Nolan.
COMMUNICATIONS
MESSAGES FROM THE GOVERNOR
Office Of The Governor
Carson City, Nevada , February 1, 1999
The Honorable Senator William J. Raggio, The Honorable Joseph E. Dini, Jr., Nevada
Legislature, Legislative Building, Carson City, Nevada 89701
Dear Majority Leader Raggio and Speaker Dini:
Attached herewith is my message to the 70th Session of the Nevada Legislature, as required by Article 5, Section 10, of the Nevada Constitution. As you know, I delivered the message earlier to a gathering of your colleagues and other guests on January 18, 1999, in the Assembly Chambers in Carson City.
Allow me to extend my sincere wishes for a productive legislative session. My staff and I look forward to working with all of you.
Respectfully,
Kenny C. Guinn
Assemblyman Perkins requested that the Governor’s State of the State Address of January 18, 1999 be entered in the Journal.
Good evening, Mr. Speaker; Madame Lieutenant Governor; members of the Senate and Assembly; honorable Justices of the Supreme Court; distinguished guests; and my fellow Nevadans.
Thank you to our young friends for that inspirational reading. Thank you also to Assemblyman Wendell Williams for arranging tonight's recognition of Dr. Martin Luther King, Jr.
I think it's appropriate on a day we honor Dr. King to begin with his words. He said: "The time is always right to do what is right."
For Nevada, now is the time to do what's right, by tackling head-on the challenges created by our state's enormous growth. . . .and in some areas, lack of growth.
Let's begin with the budget.
Ladies and Gentlemen, citizens of Nevada—the budget is balanced.
I wish I could say to you tonight that I am proud to present you with a balanced budget. But I can't. Because I'm not proud of what we had to do.
Anyone can balance a budget—you make the cuts, reduce the wish list, and just say no. During long hours over the past few weeks we have made tough, painful choices. But they had to be made.
So, yes, the budget is balanced. That is our responsibility. But I think we also have an obligation to show you how we did it, and why we made the choices we did.
A few days ago, my grandson mentioned to me that I was a lucky man. He said that all I had to do was live one year, and I'd go down in Nevada history as the first Governor of the new millennium.
He's right, of course, from his perspective. But I didn't spend the last 2 and one-half years campaigning just to say that I sat in the Governor's chair on January first of the year 2000. And I didn't do it just to be able to tell you we have a balanced budget
I ran for Governor because I believe in this state and its people, and I believe in working for my family and my community. Nevada is my community.
Fellow Nevadans, the next ten years are not going to be easy. Our federally-mandated social spending is going to reach incredibly high levels at the same time we need new schools and more prison beds. We're growing at a tremendous rate, but our tourist-based industries, which drive our economy, are susceptible to downturns.
I knew things were going to be tight.
But when I began meeting with our Budget Director, Perry Comeaux, to discuss Nevada's financial situation, I was even more concerned. And in December when the Economic Forum made its revenue forecasts, it was clear we needed to find another notch on the state's belt.
In fact, Perry commented that if the news got any worse—he was going to ask for a recount.
Yes, the past few weeks have been difficult, but this experience has shown me the need for fundamental change. In order to effect real change, we must embark on a road seldom traveled. We will have to ask tough questions, make difficult decisions, and rethink all that we know and believe about state government.
Ladies and gentleman, it will not be easy, but let me assure you, I am up to the task. Tonight, to paraphrase Dr. King, is the time to do what is right for Nevada.
TIME FOR CHANGE
The same election in which you elected me your Governor, the voters of Nevada approved a change in the way we do business in this building.
By limiting the legislative session to 120 days, the people of Nevada sent a message to their government—that it is time for change. I take that message to heart, and am prepared to make change a cornerstone of my administration.
A new era is upon us. New limits will govern the work of the Legislature. Mine will be a new administration, bringing with it a new approach to dealing with long-term issues.
We bring new ideas to government. New ideas, but they're founded on plain old common sense.
Common sense in government is simple:
First, respect the people's money—the taxes, fees, and other revenues paid by the hard-working citizens of the state must be treated as what they are - the sweat of their labor.
Second, demand personal integrity and honesty from those around you as you demand it from yourself.
Third, work hard…work very hard. Public service is not, and never should be, a place you go when you want to feel more important than your neighbor. It is definitely not the place to earn more money. And it absolutely should not be the place where you expect to have it easier than those in the private sector.
Public service should always be hard work, given willingly and honestly.
So there you have it—call them the three pillars of the Guinn administration if you like, but to me they are just common sense: Be careful with the money, be honest, and work harder than you've ever worked before.
As we consider the state of our state today, I ask that we keep in mind these simple rules for common sense in government. They have guided my life in the public and private sectors, they have guided my life with family and friends, and they will govern my new administration.
CHANGING THE BUDGET PROCESS
As we resolve to change state government, we must also acknowledge that we are living in changing times. It is up to us, through our actions and through our creativity, to meet these times with steadfast will, to make the decisions that will lead to a more stable and prosperous Nevada—in short, to do what is right…not what is politically correct.
You see, I come from the private sector. I've never run for public office in my life. So I can only give you an outsider's view, and in the last few weeks I have come to many conclusions about government: What it does right, what it does wrong, what it can do better.
In state government, we have some very dedicated people who want very much to serve and protect our citizens. They sit at old desks, on squeaky chairs, work in poorly heated buildings with outdated equipment. But they get the job done.
I believe we make our state employees' work much more difficult by not providing them with adequate resources. We are too eager to add a new program rather than fix an old one, and too quick to add new people instead of paying our existing employees appropriate wages and raises based on performance.
In the private sector, when we see a problem, we fix it. If something is costing us money, we stop it, we fix it, we eliminate it, or we replace it. In state government, we don't have that flexibility.
As the CEO of a corporation, I could authorize funds to buy a new computer or a new boiler. I could change operational processes at any time if I thought that change would improve our bottom line.
In state government we can't do that. Imagine working for a company that can only adopt new ideas and improvements to the system once every two years.
As a businessman, I am not surprised that our state faces these problems when government fails to plan more than 24 months ahead. Blame it on economic ups and downs if you want, but I can tell you any major corporation that cannot plan more than 2 years down the road is destined to fail. We can, and must, do better.
That includes our budgeting process.
Ladies and gentleman of the Legislature, the current budget process must be changed.
Before I was elected, the state budget process was already well underway. And before I arrived in Carson City, the budget director and his staff had reduced agency requests by almost a billion dollars.
This is not a reflection of greedy state agencies. These agencies truly have only one goal: To better serve the public and to request the funds they feel they need to accomplish that goal.
However, that billion dollar difference demonstrates how far apart the budgetary process is from the realities of our revenues.
In preparation for our next budget, to be presented in January of 2001, this administration will engage in the most comprehensive review of state government in our state's history.
I will direct my chief of staff and budget director to conduct a financial and operational review of every state agency, from top to bottom. Every agency, every program, every position, every dollar.
We must ask ourselves: What is the proper role of government? What services must we provide? What's the most efficient way to provide those services? And what's the best way to pay for them?
These are the questions we have to ask—and we will ask—as we complete this review.
This is no small undertaking. It will take us many months. Asking our agencies to examine themselves and justify their existence will be painful. But having just completed this budget process, I know it is necessary.
This year our base budget ate up 95 percent of our total revenues before we had the opportunity to even consider new programs. Essentially, 95 percent of the budget was pre-determined, pre-approved, before we could begin to look at other needs.
That leaves five percent for maintenance and enhancement. Historically, it is this five percent that has been the focus of our budget process. We cannot go on this way.
Through fundamental review of our base budget, through technological advances, through more efficient use of our people, there is a better way to serve the people of Nevada.
What hangs in the balance is the future success of state government and its commitment to our citizens. This is a time for creativity, innovation, and accountability in state government. We must meet today's needs today and plan for tomorrow's needs not tomorrow, but today. We must focus on planning, not on responding. We must evaluate not only where we are, but where we want to be.
To that end, this administration will promote personal responsibility. We will give our cabinet the freedom and flexibility to manage state government as efficiently as possible. But at the same time, I will insist upon accountability at all levels.
When you're a small business, you do everything—you're the shipping department, receiving, sales, and production. But as your business grows, you either work yourself to death, or you hire good people and give them the resources and the authority to do the job.
And in the private sector, the board of directors doesn't micromanage a business the size of the State of Nevada.
I pledge to you that my department heads will work hard and deliver results. They will be accountable to me, and I will be accountable to you.
What I ask in return from this Legislature, our state's board of directors, is the flexibility and authority we need to perform the tasks of the executive branch. In return, I promise you a better managed state government.
At the same time, I am asking every state employee, at every level, to share with me their ideas.
I do not have a monopoly on good ideas, but I recognize one when I see it. You, our state employees, are in the trenches. I am asking for your ideas on how to improve state government. If we try to micromanage every detail of your work, we only stifle your creativity.
But I am also putting those of you who work for the people of Nevada on notice—if you want to be a part of this administration, be careful with the money, continue to be honest, and keep on working hard.
THE BUDGET (FY 99)
Now, ladies and gentlemen, let's discuss the budget. As you know, before we can begin to talk about the next two years, we still have five-and-a-half months of this fiscal year to finish. This is where the painful and difficult decisions began.
Our current revenues are up, but they have not nearly attained the levels our financial experts projected. In order to finish in the black this coming July, we had to make up a $110 million shortfall.
It pains me every time I look at the list we have generated. To me, they are not simply numbers on a page. These programs have faces. They affect people. There is no question in my mind that my actions will have an impact. But the fact is, we had no choice.
These steps had to be taken now so that we can ensure our prosperity in coming years.
Specifically, I have directed state agencies to revert funds from almost 300 work programs totaling $95 million.
I have also directed the Department of Personnel to extend the state hiring freeze, saving an additional $12 million.
Further, I am recommending reversion of two endowments totaling $7.5 million from the National Judicial College and the National College of Juvenile and Family Law and return of a $5 million loan for the V&T Railroad.
Finally, I am ordering reversions from 35 Public Works projects, the most significant being a $9.5 million reversion from the new inpatient mental health facility in Sparks. This project is not being canceled, but delayed. I have included full funding for the facility as a Capital Improvement Project in the coming biennium.
I would like to say to those legislators who worked so hard on the funding of these projects—particularly, Assembly Speaker Joe Dini and Senator Randolph Townsend—that I am truly sorry we had to take this action. But I promise to do my best to see that funding is restored for these projects.
The most important message behind these details, the most lasting message, is something that experienced legislators have already realized. By utilizing reversions from this fiscal year, we will not have the large beginning fund balance that we have enjoyed in previous years—meaning these lean times which are upon us now are ahead of us as well.
THE NEW BUDGET (FY 1999-2001)
Now, I would like to present the new Executive Budget.
Tonight, my budget for Fiscal Years 2000 and 2001 is not only balanced, but it should also serve as a wake-up call for all Nevadans.
Let's get something straight right from the start. Much has been written about the budget situation and impending budget cuts.
Where I come from in the business world, cuts mean you have to make do this year with less money than you had last year. Under that definition, Nevada is experiencing no "cuts." In fact, Nevada is expected to have some $238 million more in the next biennium than it did in the current one.
So it is imperative that all of you understand why, with a new $238 million, we find ourselves in this situation.
Under the current budget process, everything in last year's General Fund budget for on-going programs is included in this year's budget. This is called the base, and for whatever reason—tradition, politics, or simplicity's sake--it is largely untouchable.
Now, certain programs experience caseload growth because of Nevada's increasing population. The element of the budget that addresses growth is called "maintenance." It's what you need to continue the programs that are included in the base.
Nevada law requires us to use the forecasts of the State Economic Forum in crafting the budget. Taking our actual revenues for Fiscal Year 1998 and the forum's forecasts for 1999, 2000, and 2001, we see that in the current biennium we expect to have general fund revenues of $2.885 billion.
For the next biennium, the economic forum has forecast General Fund revenues of 3.123 billion dollars. That leaves us with a new $238 million for the coming biennium.
From this figure, we must first subtract the state's obligation to K through 12 education. Our schools are some of the fastest growing in the nation, and the General Fund's share of that growth is $130 million.
So, $238 million quickly becomes $108 million.
Next, we all know that a good college education is important to succeed. In addition, an educated workforce enables Nevada to attract new, diverse businesses. Therefore, we must dedicate $50 million to the Nevada university system just to keep up with enrollment growth.
One hundred eight million dollars becomes $58 million.
As you can see, education is taken care of—minimally. I pledged over a month ago to keep education whole. These expenditures, however, only cover existing programs such as class-size reduction, special education, and enrollment growth. No new programs. There's not even enough money to cover inflation. But it's the best we could do at this time.
Next, we must ensure public safety. To allow our judges to hand down appropriate sentences, to build a new juvenile facility, to improve our parole-caseload ratios, we need $56 million.
Just to keep up with education and public safety, we are down to less than $2 million.
Two million dollars, and we still need to fund the new veterans' home, make up the shortfall in the state employees health plan, and pay for caseload growth in Medicaid, child and family services, and mental health. Not to mention federal mandates, inflation, or required ending fund balances.
The result is that we're $141 million in the hole.
And as a friend of mine once said, the first rule of the hole is to stop digging.
That is why we stopped spending, made the cuts, reduced the wish list, and just said no. As I said earlier, I'm not proud of what we had to do. But as your Governor, it is my responsibility.
It is also my responsibility to look you in the eye and say: When $238 million in new revenue becomes a $141-million shortfall, we have to change the way we do business.
During my campaign, I promised I would be fiscally responsible and that I would not raise your taxes. I reaffirm that commitment today, and present to you a budget that includes no new taxes.
But ladies and gentleman, let's all understand what we had to do in the past 45 days in order to live within our state's means. Let's understand that it means people, good people, with families to feed and mortgages to pay, will lose their jobs. Let us also understand that this must never happen again.
THE BUDGET CUTS
In the billion dollars we could not afford to spend, or in the $141 million of other reductions, you will find decisions that don't affect you—but they all affect someone. Perhaps your child, perhaps your friend, or your neighbor, but each reduction represents services we can no longer afford to provide.
I ask you to view these reduced services with the same compassion that I do, and to understand what this means to our citizens. Do not think of it as money we saved; but as money we could not afford to spend.
So, in order to balance the Executive Budget, I propose the following:
First, I am ordering a continuation and expansion of the state hiring freeze.
Further, we are eliminating nearly 1000 positions from existing or requested programs.
We will fund university enrollment growth at 2 percent—rather than the 6 percent requested.
We will lower excess Medicaid reserves, and we will reduce the projected scope of Nevada Check Up and the Family-to-Family program to more realistic caseloads.
Does this mean we won't be providing essential services? Absolutely not. No child eligible for Nevada Check Up will be turned down, and no Nevadan in need of Medicaid services will go without; our reserves, though reduced, are adequate to meet our needs.
What we have done is budget as closely as possible to our expected needs.
Some of the changes we made to the budget saved us money in other ways rather than simply cutting spending.
When I make the case for more flexibility in state government, for more creative leadership and new thinking, it may be hard to grasp why this is so important to the administration I plan to run. So let me give you an example of the type of innovation and initiative I am seeking.
Shortly after the election, my transition team and I dove into the budget process. We knew we would have many decisions to make to balance the budget, and we knew we would have to try things that had never been tried before.
We were smart enough to know that we did not have all the answers…That we would have to rely on the people who knew this system better.
Well, before we had the chance to ask, one department head came looking for us. He had an idea he thought would save the state $10 million. His idea would also create a new revenue stream for the state and not cost Nevada residents a single cent.
I would like to ask Mr. Bob Bayer to stand. Bob is the Director of Nevada's Department of Prisons, and he has dedicated many years to public service.
In the budget I am presenting to you this evening you will find his proposal to accelerate completion of the new Cold Creek prison near Indian Springs, move existing prisoners from the Southern Nevada Correctional Center in Jean, and then lease out the Jean facility to other states. This idea not only saves money, it also helps turn a liability into an asset. Thank you, Bob.
I am also proposing another cost-saving idea for Nevada's prison system. It is the natural extension of a program that has already proven its effectiveness and ability to save money while still getting the job done.
I propose to privatize medical services in our entire prison system.
Nevada prison inmates average $3,387 a year in medical costs. That is the eighth highest among prison systems around the nation, and costs us over $30 million a year. Privatizing the entire prison medical care system will save the state $4.5 million over the next two years, while still providing adequate care.
The state can also save money by eliminating duplicate services—for example, the state's Center for Business Advocacy, which duplicates the efforts of the business centers at UNR and UNLV. You will find we have eliminated many duplicate services in this budget.
And we have more ideas—ideas we did not have time to complete before the budget closed, but that we are dedicated to achieving in the coming months.
For example, I will propose consolidating the state's seven payroll systems into one streamlined, efficient payroll system. I will also propose the consolidation of the Department of Public Safety and the Department of Prisons into one manageable Department of Corrections. And I believe it is time to privatize—completely privatize—our state industrial insurance system.
To this point this evening, we have only discussed what we had to do to balance this budget. But balancing the budget was actually the easy part. The more important question is: How can we create a better system of budgeting state revenues?
Let me tell you my plan.
ZERO-BASED BUDGETING AND FUNDAMENTAL REVIEW
As we discussed earlier, one billion dollars has been trimmed from the agency requests for new programs, program enhancements, and ongoing projects. We've streamlined, consolidated, and reallocated. But for all our efforts, we barely scratched the surface of the base budgets that consume over 95 percent of our state revenues.
That is why, over the next two years, I will conduct a fundamental review of all our state agencies. This review will ask these hard questions: What are the essential services that state government must provide? How can we provide those services more efficiently and cost effectively? And how will we ensure a stable source of funding for those services?
And I promise all of you that, by the year 2001, I will deliver to this Legislature the most comprehensive review of state government in our history and a budget that reflects those findings…a zero-based budget.
Fundamental reviews are the first step in the process of zero-based budgeting. Think of it as a system of priorities: Along with each state agency, we will determine our priorities, our minimal level of essential services, and build our budget from there.
You and your family live within your budget—government should be no different. During the next biennium, if we want new programs, we will either learn how to run existing programs more efficiently, eliminate old programs, or simply do without.
I believe in leading by example and practicing what I preach, and I expect no less from those of you in this building.
When I was superintendent at Clark County School District, there were several years in which I cut my own office's budget --one year by nearly ten percent—because I believed money should go to classrooms, not offices. I bring that same philosophy to state government.
As Governor, I will cut my own office budget by at least five percent.
That is not all. I cannot expect administrators and legislators to give up their own proposals for new programs while keeping my own. Thus, I am postponing two campaign proposals that were and are very important to me—education boot camps and expansion of the senior citizen property tax rebate.
I don't intend to give up these ideas; I will instead, in the next months, look for more efficiencies to pay for them. I challenge legislators and administrators to do the same, to fund their own priorities and programs.
So far tonight we have focused on what we cannot do; now let me tell you what we can do, and will do.
ETHICS
It is the goal of this administration to safeguard the public's faith in government, and that will begin at my front door. I demand the highest integrity from myself and from those with whom I work. And I will expect no less from anyone in state government, or from any other elected official in Nevada.
Therefore, I will propose stronger ethics laws that are easy to understand, easy to follow, and tough on those who breach the public trust.
I look forward to working with Senator Ann O'Connell, who has proposed a similar bill, modeled after some of the strongest laws in the country.
Specifically, I propose to require all public officers to sign the code of ethics—to stipulate that they have read it, understand it, and will adhere to it. Ignorance, in the face of the people's trust, cannot be an excuse.
Certain offenses in our ethics code will become felonies, and conviction will result in automatic removal from office.
Our ethics reform must also serve to protect the many good, honest elected officials serving our state. We must require that complaints be adjudicated swiftly and in a reasonable manner to deter those who would abuse the system to harm honest, hard working public servants. Complaints should be investigated thoroughly, decided in a timely fashion, and announced in plain English.
From start to finish, the work of the ethics commission should take no more than 60 days. I will also seek increased penalties for other ethics violations—fines up to $25,000 for grievous offenses, paid from personal assets, not by campaign contributions or special interests.
I pledge to you that Nevada will have stronger ethics laws—enforced by a dedicated ethics commission.
JUVENILE DETENTION
As I told you, I came to this budget process with less than 60 days to balance and close it. Much of what we did had to happen quickly, but that does not mean I did not have time to set some priorities and make some things happen. Such is the case with the construction of the new juvenile detention facility in Southern Nevada.
Though we needed to postpone education boot camps because of lack of funding, I insisted we find the money to build the new juvenile detention facility, which otherwise would have been cut. We will use this facility to begin a pilot program of rigorous academic education.
In addition, I will work with the Juvenile Justice Commission, law enforcement officials, members of the Legislature, parents, and school districts to establish a system of graduated sanctions and more intermediate level detention facilities.
Many of these ideas were discussed by the interim legislative committee, led by Assemblywoman Jan Evans, which studied juvenile justice in Nevada. I'd like to acknowledge them for all their hard work.
I give you my word that this administration will make every effort to make Nevada a model for juvenile justice.
STATE EMPLOYEE PAY RAISES
In the same breath that I mention our struggle to fit important programs into or out of the budget, I must also admit there were things we just could not make work. Their sheer size made it impossible for us to include them in the budget.
If you haven't already read it in the newspaper, most of you will have read between the lines of my message tonight and know what I must say: There are no raises for state employees in this Governor's budget.
I realize the conflicting message this sends to our employees. I am asking them to work harder and smarter, yet without compensation for their increased productivity.
But while we were able to find smaller amounts of funding for projects like the juvenile detention facility, we were unable to squeeze out the millions of dollars necessary to provide a decent raise for our state workers.
State employee salaries are approximately 17 percent lower than the average salary for comparable positions in Clark and Washoe Counties. As a result, many of our best and brightest leave state service.
My philosophy is this: People who work hard and produce results should be compensated fairly. This May, when the state's economic forecast is revised, if there are adequate funds available I will respectfully ask this body to give our employees a much deserved raise.
SPENDING PRIORITIES
I have compiled a complete list of the Executive Department's priorities for spending should the Economic Forum revise its forecast in May, which is included in my letter transmitting the budget.
The list includes state employee pay raises; expansion of the tax rebate for low income senior citizens; education boot camps; and funding for a Family Commission, which would provide a single source of contact for victims of domestic violence, child abuse, and elder abuse, and those in need of other support services for their families.
I respectfully remind our legislators that I consider these priorities part of my budget. If the Economic Forum revises its forecasts, that money should not be seen as a pot of gold, but rather, as much needed revenues for worthy programs we weren't able to commit to now.
THANKS TO BUDGET OFFICE
I think it appropriate at this point to take a moment to express my gratitude to the men and women in the state budget office. Given all the changes I've made, all the answers I've asked for, and the deadlines we've been working under—I have nothing but the highest respect for our state budget professionals, led by Director Perry Comeaux and Deputy Director Don Hataway.
Perry, Don and the rest of the Budget Division—thank you. You've done a fine job. Please take a much deserved rest until tomorrow morning, when the finance committees start meeting.
GROWTH AND PLANNING
Nevada is one of the fastest growing states in the nation—and has been for many years. I've already talked about the growth in our school enrollment, prison population, and social service caseloads. But that doesn't tell the entire story of the financial impact that growth has on our state.
Let me give you an example. Recently, Clark County voters approved a $3 billion school bond measure. The county will save money and avoid disarray by planning its schoolroom needs for the next decade, rather than asking voters for a new bond issue every couple years.
If our school districts fulfill their obligation to build these schools, the state must meet its obligation to fund their operation. This could mean an increase in the state's obligation of over $400 million per year.
If counties can plan for their future, so must the state. Therefore, before my next State of the State address, I will present this body with a comprehensive plan to address our long-term needs in public school funding.
And we should not overlook another major element of growth—planning for its possible slowdown, as well. Madame Lieutenant Governor, I issue you a friendly but nonetheless serious challenge: As you begin your new job, help us find ways to diversify our economy with the same enthusiasm with which we promote tourism.
And I will commit to you the funds for the most aggressive economic development program in this state's history.
In a larger and more general perspective, Senator Dina Titus put the growth issue on the agenda last session with her "Ring around the Valley" proposal. While I may not agree with her solution, I respect her courage in raising this issue. As she once said—you can kill the messenger this year, but pretty soon there will be just too many messengers.
We have to face this issue.
I cannot talk about growth without recognizing the consensus-building work of Senator Jon Porter and the Southern Nevada Strategic Planning Authority.
For the past 18 months, local elected officials and private sector leaders representing many interests, from development to the environment, have come together to discuss the future of Southern Nevada. This group has spent literally thousands of hours evaluating Clark County's challenges and opportunities.
We at the state level should support and become a part of this unprecedented level of cooperation in every way we can.
In fact, given this spirit of cooperation from our local governments with regard to meeting their own challenges, I will not sign any legislation that alters local or regional government and planning in Clark County unless that legislation has been approved by the Southern Nevada Strategic Planning Authority or Regional Planning Coalition.
YUCCA MOUNTAIN
Let's talk about Yucca Mountain.
For the past 20 years, the U.S. Department of Energy has spent billions of dollars trying to invent science which will make a mountain in our desert suit their needs for storage of the nation's nuclear garbage.
Nevada's right to fair treatment on this issue has been trampled by a disingenuous process that has bowed repeatedly to political and economic pressures from all corners.
It is my intent to join with our Congressional delegation and our State Attorney General to continue Nevada's fight on this issue. We cannot afford to relax for one moment or for one day.
And until such time as the Federal Government sees fit to comply with its own laws, I ask you to approve funding for the Nevada Nuclear Projects Office, so it can continue its oversight of DOE activities at Yucca Mountain.
EDUCATION - THE GUINN PLAN
Many of you know that education is the hallmark of my life. My father was a poor farm worker, who could not read or write, and my mother had only a second grade education. They couldn't give us much, but they worked day and night to make sure that we had the educational opportunities they never had.
As a result, I went on to college, became a teacher, and later the Superintendent of the Clark County School District. Even as recently as a few years ago, I served as interim president of UNLV for one year. In all, I've spent some 40 years either getting an education or helping others to get one.
So it shouldn't come as any surprise that, some weeks ago, when I first mentioned our revenue shortfall, I promised that I would preserve K through 12 funding.
Education is the single largest item in our state budget - more than 55 percent. Some people think we should cut education. I disagree. It's true that education costs money—but so does ignorance. I believe the people of Nevada would rather spend the money now, on our children's education, than spend it later on unemployment, substance abuse counseling, or prison.
So I've made no cuts in K through 12 spending. In fact, this budget represents the highest percentage of education spending in the past 10 years.
I promise Nevada parents and taxpayers, however, that I will see that every dollar spent in education is spent wisely. I am asking the Legislature to pass my education accountability plan to give me that authority.
My education accountability plan means a rededication in our elementary schools to the basics of reading, writing, and arithmetic. We must prepare our children for new expectations and higher standards. Accountability to me goes way beyond dollars. It is measured in results.
Can our children read and write better? Are they more proficient in math? If we are going to spend more money in our schools, I will demand that the answers to these questions are a resounding "yes."
But this isn't new. All of us, parents, taxpayers, and public officials, want to increase standards and see results. But the fact is we cannot raise the bar if we don't teach our children to jump higher. That is why I am dedicating $12 million in this budget to remediation programs for schools that fall behind.
I would like to recognize the work on this issue by those who came before me. Specifically, Governor Bob Miller and Majority Leader Bill Raggio.
Senator, as a former educator, I admire your commitment to Nevada's children, and I look forward to working with you this session to further our mutual goals of raising standards and increasing accountability, and providing our children with a quality education.
CHARTER SCHOOLS
I believe in educational choices. I believe in competition, and I believe in charter schools.
Charter schools, if done right, can provide the creative spark we need to produce innovation in education—ultimately, improvement of education and expansion of choice in schooling.
As you know, Nevada passed a charter school bill last session, with no small amount of effort by Senator Maurice Washington. Last session's bill was a good first step, but I believe we can go further to promote diversity and choice in our public school system.
Among other things, I propose removing the cap on the number of charter schools that may be formed. Further, we must simplify the process to form charter schools.
Senator, I look forward to working with you on this issue.
HIGHER EDUCATION
As important as K through 12 education is, we all know that education doesn't stop in high school.
Over the past two bienniums, Nevada has led the nation in increases in higher education spending. Unfortunately, we cannot continue those rates of increase at our current levels of revenue.
But we have a problem.
Currently, only 40 percent of Nevada's high school students go on to college—compared to a national average of 65 percent. Nevada ranks near the bottom of all fifty states.
What's more, Nevada's dropout rate is over 10 percent annually—once again, at the bottom of the nation.
How then, do we promote higher education, without increasing our general fund expenditures for the university system?
Tonight, I am proposing a bold new program that I believe can provide Nevada children with new hope and an unprecedented opportunity to get a college education.
But first a little background.
No single issue has triggered more arguments or discussions than that of how we intend to use the millions of dollars we expect from the national tobacco settlement. We ourselves agonized over the right thing to do with the incredible opportunity this money presented. The result is the formation of a program that I believe will be as historic as the settlement itself.
But before I announce the program, I would like to acknowledge our Attorney General, Frankie Sue Del Papa, who, along with her staff, worked many long hours to ensure that Nevada got its share. Her efforts made this program possible.
We expect over $48 million in the next fiscal year from this settlement and over $40 million per year for many years to come. It is important to note, however, that these revenues are not guaranteed, and in my opinion it would be foolish to use these funds in our general budget or for ongoing programs.
I believe this money can give us a once-in-a-lifetime opportunity to provide Nevada's children with the means to advance their education in a way never thought possible.
It is an idea whose effects transcend party lines, regional differences, and social class. An idea that places at our door, this evening, the chance for all of us to do something truly heroic. To write a great and indelible chapter in the history of our state and in the lives of our children.
So it is with great pride that I propose to you tonight the establishment of the Millennium Scholarship.
These scholarships will allow every Nevada high school graduate, with a B average or better, to get an education at a Nevada university or community college.
We will start with the class of 2000, and we will offer these "Millennium scholarships" in the fall of that year. I believe every Nevada student who studies hard and makes good grades should be able to continue his or her education—regardless of financial status. The Millennium Scholarship will make that possible.
Each scholarship will provide up to $2,500 annually for four years for a university student and $1,250 annually for two years for a community college student.
This program is estimated to cost $7.5 million in the first year and up to $25 million in subsequent years.
Accordingly, I propose that the Legislature dedicate at least one half of the settlement monies to this endeavor. By using only half of the settlement for the Millennium Scholarship we will, in turn, leave millions of dollars for worthy and innovative health care programs to preserve the integrity of the settlement and educate our children on the risks associated with smoking.
Using 50 percent of the settlement money to fund these scholarships, and reverting the unused portion of the initial years to an endowment fund, will enable us to fund these scholarships in perpetuity. Without an increase in taxes.
In the coming days we will describe this program in great detail, so that all Nevada families will understand the great opportunity we have before us. And we look forward to working with this Legislature to ensure a brighter future for Nevada's children by making the Millennium Scholarship a reality.
CLOSE
As a former New York Governor once said, you campaign in poetry; you govern in prose. But I'm a plain man, a businessman, a father, and an educator. I campaigned in prose, and I'll govern in plain speaking.
I'm sure this sometimes makes my staff wince, but I don't know any other way. I'll always be up-front with you, even when it would be easier to resort to rhetoric. And at the end of the next four years, I may not be the most popular Governor in Nevada history. But you can count on me to always do what I think is right. Being Governor is about leadership, not popularity.
During the next four years, as your Governor, I will ask difficult questions, demand straight answers, and be accountable to you, the people of Nevada.
I believe in personal responsibility, equality of opportunity, and individual rights. I believe that government exists to allow each of us to exercise those rights, enjoy that opportunity, and fulfill that responsibility.
I also believe that government should intrude as little as possible in our personal lives, but I recognize that we have a duty to—and, I hope, compassion for—our fellow men and women, senior citizens, and children.
Government belongs at the balancing point between our rights and our responsibilities. And we will only find that place through innovation, compassion, and hard work. The hard work of each and everyone of us—the Governor, the Legislature, state employees, and the citizens of Nevada.
Finally, I would like to thank my wife, Dema, and my family for all of the support you have given me. And to all the people who worked countless hours on my behalf—I say thank you. I say thank you for the opportunity to stand before you this evening and be called your Governor.
Thank you and good night.
COMMUNICATIONS
United States Senate
Washington, D.C. 20510-2803
January 22, 1999
The Honorable Joseph E. Dini, Jr., Speaker,State of Nevada Assembly, Legislative Building,
401 South Carson Street, Carson City, Nevada 89701-4747
Dear Joe:
I am writing to request the privilege of speaking before both houses of the Nevada State Legislature at 5:30 p.m. on Monday, February 15, 1999.
Mary Conelly, my State Director, and June Schmidt, my Deputy Regional Manager for Northern Nevada, will be coordinating the details of my visit. They can be reached at 775-686-5750.
Thank you for your consideration.
Sincerely,
Harry Reid
United States Senate
269 Russell Senate Office Building
Washington, D.C. 20510-2804
January 27, 1999
The Honorable Joseph E. Dini, Jr., Speaker Of The Assembly,Nevada State Assembly,
Capitol Complex, Carson City, Nevada 89710
Dear Speaker Dini:
I would like to request your permission to address a joint session of the Nevada State Legislature on Tuesday, February 16, 1999 at 5:00 p.m. Please contact Michael Moreno in my Reno office at 686-5770 if you have any questions or need additional information.
I appreciate your consideration of my request and I look forward to speaking to the Legislature on issues of mutual interest affecting Nevada.
Sincerely,
Richard H. Bryan
Congress of the United States
House of Representatives
Washington, D.C., January 11, 1999
Speaker Joseph Dini, Jr., Nevada State Assembly,104 North Mountain View, Yerington,
Nevada 89447-2239
Dear Joe:
It would be my honor and pleasure to address a joint session of the Nevada Legislature at 5:00 p.m. on Thursday, February 18, to deliver a formal assessment of our Congressional agenda and its impact on our state.
As you know, there are a number of issues critical to the well being of our state and our country that will be addressed in the months to come. It is vital that local, state and federal representatives work together to achieve our goals.
Thank you for this important opportunity. I look forward to seeing you and many of my former colleagues in Carson City.
Sincerely,
Jim Gibbons
Supreme Court of Nevada
Robert E. Rose, Chief Justice
capitol complex
Carson City, Nevada, January 4, 1999
Assemblyman Joseph E. Dini, Jr., 104 North Mountain View, Yerington, NV 89447-2239
Re: State of the Judiciary Address
1999 Legislative Session
Tuesday, February 23, 1999
Dear Assemblyman Dini:
I, Robert E. Rose, Chief Justice of the Nevada Supreme Court, request to address a joint session of the Nevada State Legislature on Tuesday, February 23, 1999, at 5:00 p.m. in the Assembly chambers of the Legislative Building. I understand that both houses are available for the Nevada Supreme Court’s State of the Judiciary Address at that time. If a conflict arises with this time, please contact my office. Additionally, please disregard my previous letter to you dated December 21, 1998.
The Supreme Court’s reception for the Legislature will be held immediately following the state of the Judiciary Address on February 23, 1999.
Thank you for your assistance with this matter and I look forward to addressing the Nevada Legislature in its seventieth session.
Sincerely yours,
Robert E. Rose
MESSAGES FROM THE SECRETARY OF STATE
State of Nevada
Office of the Secretary of State
Carson City, Nevada, January 19, 1999
Ms. Jacqueline Sneddon, Chief Clerk Of The Assembly, 401 South Carson Street, Carson City, Nevada 89701-4747
Dear Ms. Sneddon:
In compliance with the laws of the State of Nevada, I am returning Assembly Joint Resolutions 5 and 17 of the 69th session for consideration by the 1999 Legislature.
Respectfully,
Dean Heller
State of Nevada
Office of the Secretary of State
Carson City, Nevada, January 19, 1999
Ms. Jacqueline Sneddon, Chief Clerk Of The Assembly, 401 South Carson Street, Carson City, Nevada 89701-4747
Dear Ms. Sneddon:
In compliance with the laws of the State of Nevada, I am returning Assembly Bills Nos. 512 and 596 of the 69th session of the Nevada Legislature which were vetoed by the Governor.
The Governor’s veto messages are also enclosed.
Respectfully,
Dean Heller
MOTIONS, RESOLUTIONS AND NOTICES
Assemblyman Perkins moved that vetoed Assembly Bill Nos. 512 and 596 of the 69th Session be made a Special Order of Business for Thursday, February 4, 1999 at 11:15 a.m.
Motion carried.
By Assemblymen Price, Giunchigliani, Carpenter, Goldwater, Lambert, Sandoval, Manendo, Arberry, Mortenson, Lee, Segerblom, Evans, Freeman, Bache, Krenzer, Chowning, Nolan, Koivisto, Anderson, Buckley, Ohrenschall, Amodei, Close, Herrera, Parks, Cegavske, Williams, Berman, de Braga, Neighbors, Tiffany, Ernaut and Dini:
Assembly Joint Resolution No. 5 of the 69th Session—Proposing to amend the Nevada constitution to provide for limited annual legislative sessions.
RESOLVED BY THE ASSEMBLY AND SENATE OF THE STATE OF NEVADA, JOINTLY, That a new section be added to article 4, and sections 2 and 33 of article 4 of the constitution of the State of Nevada be amended to read respectively as follows:
Sec. 29A. The Legislature shall adjourn sine die each:
1. Regular session in an:
(a) Odd-numbered year not later than midnight in the Pacific standard time zone 120 calendar days following its commencement. Any legislative action taken in a regular session in an odd-numbered year after midnight in the Pacific standard time zone on the 120th calendar day is void.
(b) Even-numbered year not later than midnight in the Pacific standard time zone 45 calendar days following its commencement. Any legislative action taken in a regular session in an even-numbered year after midnight in the Pacific standard time zone on the 45th calendar day is void.
2. Special session not later than midnight in the Pacific standard time zone 20 calendar days following its commencement. Any legislative action taken in a special session after midnight in the Pacific standard time zone on the 20th calendar day is void.
Sec. 2. [The]
1. Except as otherwise provided in subsection 2, the sessions of the Legislature shall be [biennial,] annual, and shall commence on the [3rd Monday of January next ensuing the election of members of the Assembly, unless the Governor of the State shall, in the interim, convene the Legislature by proclamation.] first Monday of March.
2. The Governor, by proclamation:
(a) May convene the Legislature for a special session not to exceed 20 calendar days in accordance with section 9 of article 5 of this constitution.
(b) Shall convene the Legislature for a special session not to exceed 20 calendar days not later than 45 calendar days after receipt of a petition by two-thirds of the members elected to each House calling for a special session and setting forth the topics for consideration during the special session. If the Legislature is convened for a special session pursuant to this paragraph, the Governor may add to the list of topics to be considered by the Legislature during that special session.
3. The Governor shall submit:
(a) In odd-numbered years, the proposed executive budget; and
(b) In even-numbered years, any proposed appropriations or proposed revisions to the executive budget,
to the Legislature not later than 30 calendar days before the commencement of the regular session.
[Sec:] Sec. 33. The members of the Legislature shall receive for their services, a compensation to be fixed by law and paid out of the public treasury, for not to exceed 60 days during any regular session of the legislature and not to exceed 20 days during any special session ; [convened by the governor;] but no increase of such compensation shall take effect during the term for which the members of either house shall have been elected Provided, that an appropriation may be made for the payment of such actual expenses as members of the Legislature may incur for postage, express charges, newspapers and stationery not exceeding the sum of Sixty dollars for any general or special session to each member; and Furthermore Provided, that the Speaker of the Assembly, and Lieutenant Governor, as President of the Senate, shall each, during the time of their actual attendance as such presiding officers receive an additional allowance of two dollars per diem.
And be it further
RESOLVED, That section 9 of article 5 of the constitution of the State of Nevada be amended to read as follows:
[Sec:] Sec. 9. The Governor may on extraordinary occasions, convene the Legislature by Proclamation for a special session not to exceed 20 calendar days 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.
And be it further
RESOLVED, That section 2 of article 19 of the constitution of the State of Nevada be amended to read as follows:
Sec. 2. 1. Notwithstanding the provisions of section 1 of article 4 of this constitution, but subject to the limitations of section 6 of this article, the people reserve to themselves the power to propose, by initiative petition, statutes , [and] amendments to statutes and amendments to this constitution, and to enact or reject them at the polls.
2. An initiative petition shall be in the form required by section 3 of this article and shall be proposed by a number of registered voters equal to 10 percent or more of the number of voters who voted at the last preceding general election in not less than 75 percent of the counties in the state, but the total number of registered voters signing the initiative petition shall be equal to 10 percent or more of the voters who voted in the entire state at the last preceding general election.
3. If the initiative petition proposes a statute or an amendment to a statute, the person who intends to circulate it shall file a copy with the secretary of state before beginning circulation and not earlier than [January 1of the year preceding the year in which a regular session of the legislature is held.] 1 year before the date on which the Legislature to which the petition will be transmitted commences its regular session. After its circulation, it shall be filed with the secretary of state not less than 30 days prior to any regular session of the legislature. The circulation of the petition shall cease on the day the petition is filed with the secretary of state or such other date as may be prescribed for the verification of the number of signatures affixed to the petition, whichever is earliest. The secretary of state shall transmit such petition to the legislature as soon as the legislature convenes and organizes. The petition shall take precedence over all other measures except appropriation bills, and the statute or amendment to a statute proposed thereby shall be enacted or rejected by the legislature without change or amendment within 40 days. If the proposed statute or amendment to a statute is enacted by the legislature and approved by the governor in the same manner as other statutes are enacted, such statute or amendment to a statute shall become law, but shall be subject to referendum petition as provided in section 1 of this article. If the statute or amendment to a statute is rejected by the legislature, or if no action is taken thereon within 40 days, the secretary of state shall submit the question of approval or disapproval of such statute or amendment to a statute to a vote of the voters at the next succeeding general election. If a majority of the voters voting on such question at such election votes approval of such statute or amendment to a statute, it shall become law and take effect upon completion of the canvass of votes by the supreme court. An initiative measure so approved by the voters shall not be amended, annulled, repealed, set aside or suspended by the legislature within 3 years from the date it takes effect. If a majority of such voters votes disapproval of such statute or amendment to a statute, no further action shall be taken on such petition. If the legislature rejects such proposed statute or amendment, the governor may recommend to the legislature and the legislature may propose a different measure on the same subject, in which event, after such different measure has been approved by the governor, the question of approval or disapproval of each measure shall be submitted by the secretary of state to a vote of the voters at the next succeeding general election. If the conflicting provisions submitted to the voters are both approved by a majority of the voters voting on such measures, the measure which receives the largest number of affirmative votes shall thereupon become law.
4. If the initiative petition proposes an amendment to the constitution, the person who intends to circulate it shall file a copy with the secretary of state before beginning circulation and not earlier than September 1 of the year before the year in which the election is to be held. After its circulation it shall be filed with the secretary of state not less than 90 days before any regular general election at which the question of approval or disapproval of such amendment may be voted upon by the voters of the entire state. The circulation of the petition shall cease on the day the petition is filed with the secretary of state or such other date as may be prescribed for the verification of the number of signatures affixed to the petition, whichever is earliest. The secretary of state shall cause to be published in a newspaper of general circulation, on three separate occasions, in each county in the state, together with any explanatory matter which shall be placed upon the ballot, the entire text of the proposed amendment. If a majority of the voters voting on such question at such election votes disapproval of such amendment, no further action shall be taken on the petition. If a majority of such voters votes approval of such amendment, the secretary of state shall publish and resubmit the question of approval or disapproval to a vote of the voters at the next succeeding general election in the same manner as such question was originally submitted. If a majority of such voters votes disapproval of such amendment, no further action shall be taken on such petition. If a majority of such voters votes approval of such amendment, it shall become a part of this constitution upon completion of the canvass of votes by the supreme court.
And be it further
RESOLVED, That the explanation prepared pursuant to NRS 218.443 for this constitutional amendment must include a statement that, if the qualified electors of this state approve the constitutional amendment proposed by this resolution, legislators would then be entitled to receive, during each regular, annual session, compensation for each calendar day of service up to a maximum of 60 calendar days.
And be it further
RESOLVED, That section 12 of article 17 of the constitution of the State of Nevada be repealed.
TEXT OF REPEALED SECTION
Sec: 12. First biennial legislative session to commence in 1867. The first regular session of the Legislature shall commence on the second Monday of December A.D. Eighteen hundred and Sixty Four, and the second regular session of the same shall commence on the first Monday of January A.D. Eighteen hundred and Sixty Six; and the third regular session of the Legislature shall be the first of the biennial sessions, and shall commence on the first Monday of January A.D. Eighteen hundred and Sixty Seven; and the regular sessions of the Legislature shall be held thereafter biennially, commencing on the first Monday of January.
Assemblyman Perkins moved that the resolution be referred to the Committee on Constitutional Amendments.
Motion carried.
By the Committee on Elections, Procedures, and Ethics
Assembly Joint Resolution No. 17 of the 69th Session—Proposing to amend the constitution of the State of Nevada to require that the Governor and the Lieutenant Governor be affiliated with the same political party and be elected jointly.
RESOLVED BY THE ASSEMBLY AND SENATE OF THE STATE OF NEVADA, JOINTLY, That sections 2 and 4 of article 5 of the constitution of the State of Nevada be amended to read respectively as follows:
[Sec:] Sec. 2. The Governor [shall] and Lieutenant Governor must be affiliated with the same political party, if any, and must be elected jointly by the casting by each qualified [electors] elector of a single vote applicable to both offices at the time and places of voting for members of the Legislature . [, and] The Governor and Lieutenant Governor shall hold [his] office for [Four Years] four years from the time of [his] their installation, and until [his successor shall be] their successors are qualified.
[Section] Sec. 4. The returns of every election for United States senator and member of Congress, district and state officers, and for and against any questions submitted to the electors of the State of Nevada, voted for at the general election, shall be sealed up and transmitted to the seat of government, directed to the secretary of state, and the chief justice of the supreme court, and the associate justices, or a majority thereof, shall meet at the office of the secretary of state, on a day to be fixed by law, and open and canvass the election returns for United States senator and member of Congress, district and state officers, and for and against any questions submitted to the electors of the State of Nevada, and forthwith declare the result and publish the names of the persons elected and the results of the vote cast upon any question submitted to the electors of the State of Nevada. The persons or, in the case of the offices of governor and lieutenant governor, the team of persons having the highest number of votes for the respective offices shall be declared elected, but in case any two or more persons or teams have an equal and the highest number of votes for the same office, the legislature shall, by joint vote of both houses, elect one of [said persons to fill said office.] the persons or teams to fill the office or offices.
Assemblyman Perkins moved that the resolution be referred to the Committee on Constitutional Amendments.
Motion carried.
Prefiled Joint Resolutions
By Assemblyman Bache:
Assembly Joint Resolution No. 1—Urging Congress to limit the period for withdrawal by the United States Air Force of the public land located within the Nellis Air Force Range.
Assemblyman Perkins moved that the resolution be referred to the Committee on Government Affairs.
Motion carried.
By Assemblyman Collins:
Assembly Joint Resolution No. 2—Urging Congress to amend the provisions of the Wild Free-Roaming Horses and Burros Act to require the Secretary of the Interior and the Secretary of Agriculture to maintain at a certain level the population of wild horses living on the public lands managed by the Bureau of Land Management and the United States Forest Service.
Assemblyman Perkins moved that the resolution be referred to the Committee on Natural Resources, Agriculture, and Mining.
Motion carried.
By Assemblyman Humke:
Assembly Joint Resolution No. 3—Proposing to amend the Nevada Constitution to require the Nevada supreme court to decide each case in conformity with the applicable decisions of the United States Supreme Court.
Resolved By The Assembly And Senate Of The State Of Nevada, Jointly, That a new section be added to article 6 of the Constitution of the State of Nevada to read as follows:
Sec. 4A. The supreme court shall decide each case in conformity with the applicable decisions of the Supreme Court of the United States.
Assemblyman Perkins moved that the resolution be referred to the Committee on Constitutional Amendments.
Motion carried.
By Assemblyman Goldwater:
Assembly Joint Resolution No. 4—Proposing to amend the Constitution of the State of Nevada to repeal the constitutional rule against perpetuities.
RESOLVED BY THE ASSEMBLY AND SENATE OF THE STATE OF NEVADA, JOINTLY, That section 4 of article 15 of the Constitution of the State of Nevada is hereby repealed.
Assemblyman Perkins moved that the resolution be referred to the Committee on Constitutional Amendments.
Motion carried.
By Assemblyman Manendo:
Assembly Joint Resolution No. 5—Urging Congress to enact legislation to provide for the payment of lump sums to persons who have received lower social security benefits because of the year in which they initially became eligible for such benefits.
Assemblyman Perkins moved that the resolution be referred to the Committee on Health and Human Services.
Motion carried.
Prefiled Concurrent Resolutions
By the Committee on Elections, Procedures, and Ethics
Assembly Concurrent Resolution No. 1—Adopting the Joint Rules of the Senate and Assembly for the 70th session of the Legislature.
RESOLVED BY THE ASSEMBLY OF THE STATE OF NEVADA, THE SENATE CONCURRING, That the Joint Rules of the Senate and Assembly as amended by the 69th session are adopted, with the following changes, as the Joint Rules of the Senate and Assembly for the 70th session of the Legislature:
[COMMITTEES OF] CONFERENCE COMMITTEES
Rule No. 1. [To Be Appointed by One House at Request of the
Other.] 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 [committees of] conferencecommittees on any bill or resolution. A majority of the members of a [committee of] conferencecommittee from each House must be members who voted for the passage of the bill or resolution.
MESSAGES
Rule No. 2. 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 upon 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 upon 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 ChiefClerk . [, who shall be announced by the doorkeeper, enter within the bar, announce and deliver his message.]
[BILLS] NOTICE OF FINAL ACTION
Rule No. 3. Communications.
Each House shall communicate its final action on any bill or resolution, or matter in which the other may be interested, [in writing, signed by the Secretary or Clerk of the House from which such notice is sent.] 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. 4. Signature.
Each enrolled bill or joint resolution shall be presented to the presiding officers of both Houses for signature. They shall, after an announcement [is made] of their intention to do so[, sign it] 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. 5. [Reserved.]Joint
Sponsorship.
1. A bill or resolution introduced by a standing committee of the Senate or Assembly may, at the direction of the chairman of the committee, setforth the name of a standing 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. 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.
3. The Legislative Counsel shall not cause to be printed the name of a standing 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 5. 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 5.
4. 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.
5. 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. If the amendment proposes to add or remove a standing committee as a 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.
6. 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. 6. 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. 7. 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, but any request for drafting the resolution must be approved by the Senate Committee on Legislative Affairs and Operations or the Assembly Committee on Elections ,[and] Procedures , andEthicsbefore submission to the Legislative Counsel.
VETOES
Rule No. 8. 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 theSecretary of the Senate and in the Assembly by the Chief Clerkof 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. 9. 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 concurrent resolution. One or more such adjournments, for a total of not more than 20 days during any regular session, may be taken to permit standing committees, select committees 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. 10. Routine Expenses or Concurrent Resolution.
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.
LEGISLATIVE COMMISSION
Rule No. 11. Membership and Organization.
1. When members of the minority party in the Senate or in the Assembly comprise less than 34 percent of the total number elected to that House, minority party membership for that House on the Legislative Commission must be:
(a) One, if such membership is less than 21 percent.
(b) Two, if such membership is between 21 percent and 33 percent. If the members of the minority party in the Senate or in the Assembly comprise more than 33 percent of the total number elected to that House, minority party membership for that House on the Commission must be three, being equal to the membership of the majority party.
2. Each House shall select one or more alternate members for each member from that House, designating them according to party or according to the individual member whom the alternate would replace.
3. A vacancy in the regular Senate or Assembly membership created by death or by resignation or by the Legislator’s ceasing to be a member of the Legislature shall be filled by the proper alternate member as designated by that House. If there is no proper alternate member, the Legislative Commission shall fill the vacancy by appointing a Senator or Assemblyman of the same party.
4. If for any reason a member is or will be absent from a meeting and there are no alternates available, the chairman of the commission may appoint a member of the same House and political party to attend the meeting as an alternate.
5. The members shall serve until their successors are appointed by resolution as provided in NRS 218.660, notwithstanding that their terms of office may have expired, except that the membership of any member who does not become a candidate for reelection or who is defeated for reelection shall terminate on the day next after the election and the vacancy shall be filled as provided in this rule.
6. The chairman shall be selected at the first meeting of the newly formed Legislative Commission and shall serve until his successor is appointed following the formation of the next Legislative Commission.
[RECORDING] RECORDS OF COMMITTEE
PROCEEDINGS [ON AUDIO TAPE]
Rule No. 12. Duties of Secretary of Committee and Director.
1. Each standing committee of the Legislature shall cause a record [on audio tape] to be made of the proceedings of its meetings.
2. The secretary of a standing committee shall:
(a) Label each [tape] record with the date, time and place of the meeting and also indicate on the label the numerical sequence in which the [tape was recorded;] record was made;
(b) Keep the [tapes] records in chronological order; and
(c) Deposit the [tapes] records immediately following the final adjournment of any regular or 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 [tapes;] records;
(b) Make the [tapes] records available for [listening] 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 [listening to any tapes] accessing any of the records and identifying the [tapes listened to;] records accessed; and
(d) Retain the [tapes] records for two bienniums and at the end of that period [dispose of the tapes] keep some form or copy of the record in any manner he deems reasonable[.] to ensure access to the record in the foreseeable future.
REAPPORTIONMENT
Rule No. 13. Responsibility for Measures and Approval of Research Requests.
The Committee on Government Affairs of the Senate and the Committee on Elections , [and] Procedures , and Ethicsof the Assembly are respectively responsible for measures which primarily affect the designation of the districts from which members are elected to the Legislature. Any request for research concerning the population of proposed districts must be submitted to the Research Division of the Legislative Counsel Bureau through one of these committees.
LIMITATIONS ON INTRODUCTION AND REQUESTS FOR
DRAFTING OF LEGISLATIVE MEASURES
Rule No. 14. Limitations
on Drafting and Requirements
for Introduction; Duplicative Measures; [Suspension
of Rule.] Indication of Requester on
Committee Introductions.
1. Except as otherwise provided in subsection [2, any request submitted, after a regular legislative session has convened, to the Legislative Counsel for the drafting of a bill or resolution will not be honored by the Legislative Counsel unless the request is approved by:
(a) A two-thirds vote of the members present in the House where it is to be introduced; or
(b) A standing committee of that House if the request was approved by two-thirds of all of the members of the committee before the request was submitted to the Legislative Counsel. A standing committee may only request the drafting of a bill or resolution or introduce a bill or resolution that is within the jurisdiction of the standing committee.
2. After] 5 and Joint Standing Rules Nos. 14.4, 14.5 and 14.6, after a regular legislative session has convened, the Legislative Counsel shall honor , if submitted before 5 p.m. on the 8th calendar day of the legislative session, not more than [5] :
(a) Two requests from each Assemblyman [and not more than 10] ; and
(b) Four requests from each Senator ,
for the drafting of a bill or resolution . [which has not received the approval required by subsection 1.
3. After the first 10 calendar days of a regular legislative session, bills and joint resolutions may be introduced by:
(a) Standing committees without consent.]
2. Except as otherwise provided in subsections 4 and 5 and Joint Standing Rules Nos. 14.4, 14.5 and 14.6, after a regular legislative session has convened, the Legislative Counsel shall honor, if submitted before 5 p.m. on the 22nd calendar day of the legislative session, not more than 50 requests, in total, from the standing committees of each house. The Majority Leader of the Senate and the Speaker of the Assembly shall, not later than the 1st calendar day of the legislative session, determine and provide the Legislative Counsel with a written list of the number of requests for the drafting of a bill or resolution that may be submitted by each standing committee of their respective houses, within the limit provided by this subsection. The lists may be revised any time before the 22nd day of the legislative session to reallocate any unused requests or requests which were withdrawn before drafting began on the request.
3. A request for the drafting of a bill or resolution that is submitted by a standing committee pursuant to this section must be approved by a majority of all of the members appointed to the committee before the request is submitted to the Legislative Counsel.
4. A standing committee may only request the drafting of a bill or resolution or introduce a bill or resolution that is within the jurisdiction of the standing committee.
5. The Legislative Counsel shall not honor a request for the drafting of a bill or resolution submitted by a member or standing committee of the Senate or Assembly unless such information as is required to draft the measure is submitted to the Legislative Counsel with the request.
6. A measure introduced by a standing committee at the request of a legislator or organization must indicate the legislator or organization at whose request the measure was drafted.
[(b) Except as otherwise provided in subsection 4, a member who had requested the drafting of the bill or resolution by the Legislative Counsel before the 16th calendar day of the legislative session.
4.] 7. The following measures must be introduced by a standing committee:
(a) Measures drafted at the request of agencies and officers of the executive branch of state government, local governments, the courts and other authorized nonlegislative requesters.
(b) Measures requested by interim legislative studies.
(c) Bills and joint resolutions requested by a standing committee, or by persons designated to request measures on behalf of a standing committee during the interim. Bills and joint resolutions requested by or on behalf of a standing committee must be introduced by that committee.
[5.] 8. Simple and concurrent resolutions requested by or on behalf of a standing committee may be introduced by an individual member.
[6.] 9. If two or more measures are being considered in the same house which are substantively duplicative, only the measure which has been assigned the lowest number for the purpose of establishing its priority in drafting may be considered, unless the measure with the lowest number is not introduced within 5 days after introduction of a measure with a higher number.
[7.] 10. A legislator may not change the subject matter of a request for a legislative measure after it has been submitted for drafting.
[8. Consent to suspend this rule may be given only by the affirmative vote of a majority of the members elected to the House where it is to be introduced, which must be entered in its Journal for that day, and the consent may apply to no more than one bill or resolution or request for drafting.]
Rule No. 14.2. Limitations on Time for Introduction of Legislation.
1. Except as otherwise provided in Joint Standing Rules Nos. 14.4, 14.5 and 14.6:
(a) Unless the provisions of paragraph (b) or (c) are applicable, a bill or resolution may only be introduced on or before:
(1) The 10th calendar day following delivery of the introductory copy of the bill or resolution; or
(2) The last day for introduction of the bill or resolution as required by paragraph (d),
whichever is earlier.
(b) If a bill or resolution requires revision after the introductory copy has been delivered, such information as is required to draft the revision must be submitted to the Legislative Counsel before the 10th calendar day following delivery of the introductory copy of the bill or resolution. The revised bill or resolution may only be introduced on or before:
(1) The 15th calendar day following delivery of the original introductory copy of the bill or resolution; or
(2) The last day for introduction of the bill or resolution as required by paragraph (d),
whichever is earlier.
(c) If the bill or resolution requires a second or subsequent revision, such information as is required to draft the revision must be submitted to the Legislative Counsel before the 15th calendar day following delivery of the original introductory copy of the bill or resolution. A bill or resolution revised pursuant to this subsection may only be introduced on or before:
(1) The 20th calendar day following delivery of the original introductory copy of the bill or resolution; or
(2) The last day for introduction of the bill or resolution as required by paragraph (d),
whichever is earlier.
(d) Except as otherwise provided in subsection 3, the last day for introduction of a bill or resolution that was requested by:
(1) A legislator is the 43rd calendar day of the legislative session.
(2) A standing or interim committee or other requester is the 50th calendar day of the legislative session.
2. The Legislative Counsel shall indicate on the face of the introductory copy of each bill and resolution the final date on which the bill or resolution may be introduced.
3. If the final date on which the bill or resolution may be introduced falls upon a day on which the House in which the bill or resolution is to be introduced is not in session, the bill or resolution may be introduced on the next day that the House is in session.
SCHEDULE FOR ENACTMENT OF BILLS AND RESOLUTIONS
Rule No. 14.3. Final Dates for Action by Standing Committees and Houses; Final Date for Requesting Drafting of Reports for Conference Committees.
Except as otherwise provided in Joint Standing Rules Nos. 14.4, 14.5 and 14.6:
1. The final standing committee to which a bill or resolution is referred in its House of origin may only take action on the bill or resolution on or before the 68th calendar day of the legislative session. A bill or resolution may be re-referred after that date only to the Committee on Finance or the Committee on Ways and Means and only if the Fiscal Analysis Division has determined pursuant to subsection 1 of Joint Standing Rule No. 14.6 that the bill or joint resolution is exempt.
2. Final action on a bill or resolution may only be taken by the House of origin on or before the 78th calendar day of the legislative session.
3. The final standing committee to which a bill or resolution is referred in the second House may only take action on the bill or resolution on or before the 103rd calendar day of the legislative session. A bill or resolution may be re-referred after that date only to the Committee on Finance or the Committee on Ways and Means and only if the Fiscal Analysis Division has determined pursuant to subsection 1 of Joint Standing Rule No. 14.6 that the bill or joint resolution is exempt.
4. Final action on a bill or resolution may only be taken by the second House on or before the 110th calendar day of the legislative session.
5. Requests for the drafting of reports for Conference Committees must be submitted to the Legislative Counsel on or before the 118th calendar day of the legislative session.
Rule No. 14.4. Emergency Requests.
1. After a legislative session has convened:
(a) The Majority Leader of the Senate and the Speaker of the Assembly may each submit to the Legislative Counsel, on his own behalf or on the behalf of another legislator or a standing committee of the Senate or Assembly, not more than five requests for the drafting of a bill or resolution.
(b) The Minority Leader of the Senate and the Minority Leader of the Assembly may each submit to the Legislative Counsel, on his own behalf or on the behalf of another legislator or a standing committee of the Senate or Assembly, not more than two requests for the drafting of a bill or resolution.
2. A request submitted pursuant to subsection 1:
(a) May be submitted at any time during the legislative session and is not subject to any of the provisions of subsections 1 and 2 of Joint Standing Rule No. 14, subsection 1 of Joint Standing Rule No. 14.2 and Joint Standing Rule No. 14.3.
(b) Is in addition to, and not in lieu of, any other requests for the drafting of a bill or resolution that are authorized to be submitted to the Legislative Counsel by the Majority Leader of the Senate, Speaker of the Assembly, Minority Leader of the Senate or Minority Leader of the Assembly.
3. The list of requests for the preparation of legislative measures prepared pursuant to NRS 218.2475 must include the phrase “EMERGENCY REQUEST OF” and state the title of the person who requested the bill or resolution for each bill or resolution requested pursuant to this rule. If the request was made on behalf of another legislator or a standing committee, the list must also include the name of the legislator or standing committee on whose behalf the bill or resolution was requested.
4. The Legislative Counsel shall cause to be printed on the face of the introductory copy of all reprints of each bill or resolution requested pursuant to this rule the phrase “EMERGENCY REQUEST OF” and state the title of the person who requested the bill or resolution.
Rule No. 14.5. Waivers.
1. At the request of a legislator or a standing committee of the Senate or Assembly, subsection 1 or 2 of Joint Standing Rule No. 14, subsection 1 of Joint Standing Rule No. 14.2 or any of the provisions of Joint Standing Rule No. 14.3, or any combination thereof, may be waived by the Majority Leader of the Senate and the Speaker of the Assembly, acting jointly, at any time during a legislative session. A request for a waiver submitted by a standing committee must be approved by a majority of all members appointed to the committee before the request is submitted to the Majority Leader and the Speaker.
2. A waiver granted pursuant to subsection 1:
(a) Must be in writing, executed on a form provided by the Legislative Counsel, and signed by the Majority Leader and the Speaker.
(b) Must indicate the date on which the waiver is granted.
(c) Must indicate the legislator or standing committee on whose behalf the waiver is being granted.
(d) Must include the bill or resolution number for which the waiver is granted or indicate that the Legislative Counsel is authorized to accept and honor a request for a new bill or resolution.
(e) Must indicate the provisions to which the waiver applies.
(f) May include the conditions under which the bill or resolution for which the waiver is being granted must be introduced and processed.
3. The Legislative Counsel shall not honor a request for the drafting of a new bill or resolution for which a waiver is granted pursuant to this rule unless such information as is required to draft the bill or resolution is submitted to the Legislative Counsel within 2 calendar days after the date on which the waiver is granted.
4. Upon the receipt of a written waiver granted pursuant to this rule, the Legislative Counsel shall transmit a copy of the waiver to the Secretary of the Senate and the Chief Clerk of the Assembly. The notice that a waiver has been granted for an existing bill or resolution must be read on the floor and entered in the journal, and a notation that the waiver was granted must be included as a part of the history of the bill or resolution on the next practicable legislative day. A notation that a waiver was granted authorizing a new bill or resolution must be included as a part of the history of the bill or resolution after introduction.
5. The Legislative Counsel shall secure the original copy of the waiver to the official cover of the bill or resolution.
Rule No. 14.6. Exemptions.
1. Upon request of the draft by or referral to the Senate Finance Committee or the Assembly Committee on Ways and Means, a bill or resolution which has been determined by the Fiscal Analysis Division to:
(a) Contain an appropriation;
(b) Authorize the expenditure by a state agency of sums not appropriated from the state general fund or the state highway fund;
(c) Create or increase any significant fiscal liability of the state; or
(d) Significantly decrease any revenue of the state,
is exempt from the provisions of subsections 1 and 2 of Joint Standing Rule No. 14, subsection 1 of Joint Standing Rule No. 14.2 and Joint Standing Rule No. 14.3. The Fiscal Analysis Division shall give notice to the Legislative Counsel to cause to be printed on the face of the bill or resolution the term “exempt” for any bills and resolutions requested by the Senate Finance Committee or Assembly Committee on Ways and Means that have been determined to be exempt and shall give written notice to the Legislative Counsel, Secretary of the Senate and Chief Clerk of the Assembly of any bill or resolution which is determined to be exempt after it is printed. A notation of each exemption granted after the bill or resolution was printed must be included as a part of the history of the bill or resolution on the next practicable legislative day. The term “exempt” must be printed on the face of all subsequent reprints of the bill or resolution.
2. All of the provisions of Joint Standing Rules Nos. 14, 14.2 and 14.3 apply to a bill or resolution until it is determined to be exempt pursuant to subsection 1. A bill or resolution determined to be exempt does not lose the exemption regardless of subsequent actions taken by the Legislature.
3. A cumulative list of all bills and resolutions determined to be exempt after being printed must be maintained and printed in the back of the list of requests for the preparation of legislative measures prepared pursuant to NRS 218.2475.
4. The provisions of subsections 1 and 2 of Joint Standing Rule No. 14, subsection 1 of Joint Standing Rule No. 14.2 and Joint Standing Rule No. 14.3 do not apply to:
(a) A bill or resolution required to carry out the business of the Legislature.
(b) A resolution requiring an interim study.
(c) A resolution to memorialize a former member of the Legislature or other notable or distinguished person.
(d) A resolution to congratulate or commend any person or organization for a significant and meritorious accomplishment.
Rule No. 14.7. 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.
3. This Rule must be narrowly construed to carry out the purposes for which it was adopted which is to ensure the effectiveness of the limitations set forth in Joint Standing Rules Nos. 14, 14.2 and 14.3.
CONTINUATION OF LEADERSHIP OF THE SENATE
AND ASSEMBLY DURING THE INTERIM
BETWEEN SESSIONS
Rule No. 15. 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 Leader and Minority 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 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.
[TIME
LIMITATIONS ON] INTRODUCTION OF LEGISLATION
REQUESTED BY STATE OR LOCAL GOVERNMENT
Rule No. 16. Delivery of Bill Drafts Requested by State Agencies and Local
Governments . [; Limitation on
Time for Introduction.]
1. Except as otherwise provided in subsection 2, on the first legislative day, the Legislative Counsel shall randomly deliver, in equal amounts, all legislative measures drafted at the request of any state agency or department or any local government to the Majority Leader of the Senate and the Speaker of the Assembly for consideration for introduction. [Bill drafts deliveredpursuant to this subsection may not be introduced after the 15th legislative day.]
2. Any legislative measure properly requested in accordance with NRS 218.241 and 218.245 by any state agency or department or any local government which has not been drafted before the first legislative day must, upon completion, be immediately and randomly delivered, in equal amounts, by the Legislative Counsel to the Majority Leader of the Senate and the Speaker of the Assembly for consideration for introduction. [Bill drafts delivered pursuant to this subsection may be introduced only during the 15 legislative days following delivery.]
DATE OF FIRST JOINT BUDGET HEARING
Rule No. 17. Requirement.
The first joint meeting of the Senate Standing Committee on Finance and the Assembly Standing Committee on Ways and Means to consider the budgets of the agencies of the state must be held on or before the 92ndcalendar day of the regular session.
CRITERIA FOR REVIEWING BILLS THAT REQUIRE POLICIES
OF HEALTH INSURANCE TO PROVIDE COVERAGE FOR
CERTAIN TREATMENT OR SERVICES
Rule No. 18. Topics of Consideration.
Any standing committee of the Senate or Assembly to which a bill is referred requiring a policy of health insurance delivered or issued for delivery in this state to provide coverage for any treatment or service shall review the bill giving consideration to:
1. The level of public demand for the treatment or service for which coverage is required and the extent to which such coverage is needed in this state;
2. The extent to which coverage for the treatment or service is currently available;
3. The extent to which the required coverage may increase or decrease the cost of the treatment or service;
4. The effect the required coverage will have on the cost of obtaining policies of health insurance in this state;
5. The effect the required coverage will have on the cost of health care provided in this state; and
6. Such other considerations as are necessary to determine the fiscal and social impact of requiring coverage for the treatment or service.
INTERIM FINDINGS AND RECOMMENDATIONS
OF LEGISLATIVE COMMITTEES
Rule No. 19. Date for Reporting.
Each legislative committee that adopted any findings or recommendations during the interim since the last regular session of the Legislature shall, no later than the 14th calendar day of the regular session, inform interested members of the Senate and Assembly of those findings and recommendations.
POLICY AND
PROCEDURES REGARDING
SEXUAL HARASSMENT
Rule No. 20. 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[, lobbyists, legislative interns and employees of the Legislature, including supervisors and coworkers.] and lobbyists. Each member[, lobbyist, legislative intern and employee of the Legislature] 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. [For] 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 [, including, but not limited to:] 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.
[3.] 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.
[4. If a person]
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 ; [, if the complaint involves the conduct of a member, legislative intern or employee of the Assembly or a lobbyist;]
(b) The Majority Leader of the Senate ; [, if the complaint involves the conduct of a member, legislative intern or employee of the Senate or a lobbyist;] 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.
[5.] 6. Except as otherwise provided in subsection [6,] 7, the Speaker of the Assembly or the Majority Leader of the Senate, as appropriate, shall refer a complaint [against a member, legislative intern or employee of a certain House] 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.
[6.] 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 , [and] Procedures , and Ethics of the Assembly or the Committee on Legislative Affairs and Operations 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.
[7.] 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.
[8.] 9. If the investigation reveals that sexual harassment has occurred, the Legislature will take appropriate disciplinary or remedial action [against the member, lobbyist, legislative intern or employee which is commensurate with the severity of the offense.] , or both. The committee shall inform the complainant of any action taken . [against the member, lobbyist, legislative intern or employee.] The Legislature will also take any action necessary to deter any future harassment.
[9.] 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.
[10.] 11. The Legislature encourages a person to report any incident of sexual harassment immediately so that the complaint can be quickly and fairly resolved.
[11.] 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 anyperson.
VOTE ON GENERAL APPROPRIATION BILL
Rule No. 21. Waiting Period Between Introduction and Final Passage.
A period of at least 24 hours must elapse between the introduction of the general appropriation bill and a vote on its final passage by its house of origin.
USE OF LOCK BOXES BY STATE AGENCIES
Rule No. 22. Duties of Senate Standing Committee on Finance and Assembly Standing Committee on Ways and Means.
To expedite the deposit of state revenue, the Senate Standing Committee on Finance and the Assembly Standing Committee on Ways and Means shall, when reviewing the proposed budget of a state agency which collects state revenue, require if practicable, the agency to deposit revenue that it has received within 24 hours after receipt. The committees shall allow such agencies to deposit the revenue directly or contract with a service to deposit the revenue within the specified period.
Assemblywoman Giunchigliani moved the adoption of the resolution.
Remarks by Assemblyman Price.
Resolution adopted.
Assemblyman Perkins moved that all rules be suspended and that the resolution be immediately transmitted to the Senate.
Motion carried unanimously.
By the Committee on Judiciary:
Assembly Concurrent Resolution No. 2—Encouraging the Administrative Office of the Courts to improve the use of technology in the judicial system and to develop consistent accounting procedures for the courts in this state.
Assemblyman Anderson moved that the resolution be referred to the Committee on Judiciary.
Motion carried.
Prefiled Resolutions
By the Committee on Elections, Procedures, and Ethics:
Assembly Resolution No. 1—Providing for the appointment of attachés. RESOLVED BY THE ASSEMBLY OF THE STATE OF NEVADA, That the following persons are elected as attachés of the Assembly for the 70th session of the Legislature of the State of Nevada: Susan Furlong Reil, Bonnie Borda Hoffecker, Carole Cavolick, Matthew Baker, Jasmine N. Shackley, Jason Hataway, Terry Sullivan, Charlene Brundle, Joe Crawford, Marlo Harding, Rebecca M. Harris, Gregorio D. Torres, Jeanne Douglass, Paula A. Winne, Betty J. Phenix, Jackie L. Cheney, Kathryn Lombardo, Linda A. Cooper, Karen Crawford, Harle Glover, Christina Alfonso, Rachel R. Baker, Jennifer Batchelder, Jane L. Baughman, Jennifer Carnahan, Chris Casey, Cynthia Cendagorta, Cindy Clampitt, Meagen A. Colard, Christine M. Cole, Hilary A. Graunke, Sara J. Kaufman, Nykki Kinsley, Virginia Letts, Darlene A. Rubin, Sharon T. Spencer, Carol J. Thomsen, Janine Marie Toth, Charlotte S. Tucker, Novella Watson-Lee, Julie Whitacre, Joann Van Wyhe, Debbie Zuspan, Christine N. Adkins, Victoria L. Aitken, Yolanda Baldridge, Mary Bean, Diane Berg, Cleone C. Bujalski, Heather T. Collins, Linda Corbett, Stephany Corral, Cecile Crofoot, Irene M. Davis, Kathleen A. Day, Nancy Dickson, Naomi S. Dottei, Kelly S. Gregory, Marge Griffin, Donna Hancock, Nicole L. Heckman, Lonnie Heiderman, Joyce G. Hess, Barbara Houger, Marilyn Jayne, Diane Keetch, Joann Kula, Kelly Liston, Lois L. McDonald, Yhvona Martin, Carolyn J. Maynick, Aurora Ruiz, Sheila Sease, Sherie Silva, Jackie L. Valley, Tabitha D. Horn, Francis L. Noe, Michael G. Collins, Stanley B. Miller, Bruce Pheiffer, Eddie Cordisco, Mary Carel, Kathryn R. Beydler, Norm Budden, Mel Cowperthwaite, John P. Davin, John Davis Jr., Juanita M. Heston, Kathleen L. Jorgenson, Lois LaHair, Steve Lamoreaux, Laverna E. Marwin, Bob Maynick, Brigitta Metz, Reid Meyer, John T. Meyer, Barbara Morgan, Jesse N. Pickett, Mike Pintar, Shanna Pozzi and Mark A. Trabert.
Assemblywoman Giunchigliani moved the adoption of the resolution.
Remarks by Assemblywoman Giunchigliani.
Resolution adopted.
By the Committee on Elections, Procedures, and Ethics:
Assembly Resolution No. 2—Providing allowances to the leadership and other members of the Assembly for periodicals, stamps, stationery and communications.
Assemblywoman Giunchigliani moved the adoption of the resolution.
Remarks by Assemblywoman Giunchigliani.
Resolution adopted.
By the Committee on Elections, Procedures, and Ethics:
Assembly Resolution No. 3—Adopting the Standing Rules of the Assembly for the 70th legislative session.
RESOLVED BY THE ASSEMBLY OF THE STATE OF NEVADA, That the Assembly Standing Rules as amended by the 69th session are adopted, with the following changes, as the Standing Rules of the Assembly for the 70th session of the Legislature:
I. OFFICERS AND EMPLOYEES
Duties of Officers
Rule No. 1. Speaker of the Assembly.
1. All officers of the Assembly are subordinate to the Speaker in all that relates to the prompt, efficient and correct discharge of their official duties under the Speaker’s supervision.
2. Possessing the powers and performing the duties described in this rule, the Speaker shall:
(a) Take the chair at the hour to which the Assembly stands adjourned, call the members to order, and upon the appearance of a quorum, proceed to business.
(b) Preserve order and decorum and have general direction of the chamber of the Assembly and the approaches thereto . [, and in] In the event of any disturbance or disorderly conduct therein, order the same to be cleared.
(c) Decide all questions of order, subject to a member’s right to appeal to the Assembly. On appeal from such decisions, the Speaker has the right, in the Speaker’s place, to assign the reason for the decision.
(d) Have the right to name any member to perform the duties of the chair, but such substitution [shall] must not extend beyond one legislative day.
(e) When the Assembly resolves itself into Committee of the Whole, name a chairman to preside thereover and call him to the chair.
(f) Have the power to accredit the persons who act as representatives of the [press, radio and television,] news media and assign them seats.
(g) Sign all bills and resolutions passed by the Legislature as provided by law.
(h) Sign all subpoenas issued by the Assembly or any committee thereof.
(i) Receive all messages and communications from other departments of the government and announce them to the Assembly.
(j) Represent the Assembly, declare its will and in all things obey its commands.
(k) Vote on final passage of a bill or resolution, but the Speaker shall not be required to vote in ordinary legislative proceedings except where the Speaker’s vote would be decisive. In all [aye and no] yea and nay votes, the Speaker’s name [shall] must be called last.
3. If a vacancy occurs in the office of Speaker, through death, resignation or disability of the Speaker, the Speaker pro Tempore shall temporarily and for the period of vacancy or disability conduct the necessary business of the Assembly.
4. If a permanent vacancy occurs in the office of Speaker, the Assembly shall select a new Speaker.
Rule No. 2. Reserved.
Rule No. 3. Reserved.
Rule No. 4. Reserved.
Rule No. 5. Reserved.
Rule No. 6. Reserved.
The next rule is 10.
II. SESSIONS AND MEETINGS
Rule No. 10. Time of Meeting.
The Assembly shall meet each day at 11 a.m., unless the Assembly adjourns to some other hour.
Rule No. 11. Open Meetings.
All meetings of the Assembly and its standing committees [shall] must be open to the public.
Rule No. 12. Reserved.
The next rule is 20.
III. DECORUM AND DEBATE
Rule No. 20. Points of Order.
If any member, in speaking or otherwise, transgresses the rules of the Assembly, the Speaker shall, or any member may, call to order, in which case the member so called to order shall immediately sit down, unless permitted to explain; and if called to order by a member, such member shall immediately state the point of order. If the point of order be sustained by the presiding officer, the member shall not be allowed to proceed; but if it be not sustained, then he shall be permitted to go on. Every such decision from the presiding officer shall be subject to an appeal to the House; but no discussion of the question of order shall be allowed unless an appeal be taken from the decision of the presiding officer.
Rule No. 21. Reserved.
Rule No. 22. Reserved.
Rule No. 23. Committee on Ethics; Legislative Ethics.
1. The Committee on Ethics consists of:
(a) Two members of the Assembly appointed by the Speaker from the majority political party;
(b) One member of the Assembly appointed by the Minority Leader from the minority political party; and
(c) Two qualified electors of the state chosen by the members of the committee who are appointed pursuant to paragraphs (a) and (b), neither of whom is a present or former member of the Legislature or employed by the State of Nevada.
2. The Speaker shall appoint two members of the Assembly, one from the majority political party and one from the minority political party to serve as alternate members of the committee. If a member is disqualified, the alternate appointed from the same political party shall serve as a member of the committee during the consideration of a specific question.
3. A member is disqualified if he is the requester of advice concerning a question of ethics or conflict of interest, or if the advice is requested by another member of the Assembly and a reasonable person in his situation could not exercise independent judgment on the matter in question.
4. The committee shall hear complaints on alleged breaches of ethics and conflicts of interest, brought by Legislators and others, and it may advise Legislators on questions of breaches of ethics and conflicts of interest. All proceedings held to consider the character, alleged misconduct, professional competence or physical or mental health of any person by the committee on matters of ethics or conflicts of interest are confidential unless a Legislator:
(a) Against whom a complaint is brought requests a public hearing;
(b) Discloses the opinion of the committee at any time after his hearing; or
(c) Discloses the content of an advisory opinion issued to him by the committee.
5. A complaint which alleges a breach of ethics or a conflict of interest must be in writing and signed by the person making the allegation. The complaint must be filed with the chairman. The chairman shall send a copy of the complaint, within 24 hours after receiving it, to the Legislator against whom the complaint is brought.
6. The criterion to be applied by the committee in determining whether a Legislator has a conflict of interest is whether the independence of judgment of a reasonable person in his position upon the matter in question would be materially affected by:
(a) His acceptance of a gift or loan; or
(b) His private economic interest.
7. A Legislator who determines that he has a conflict of interest may vote upon, advocate or oppose any measure as to which a potential conflict exists if he makes a general disclosure of the conflict. In determining whether to vote upon, advocate or oppose the measure, the Legislator should consider whether:
(a) The conflict impedes his independence of judgment;
(b) His participation will produce a negative effect on the public’s confidence in the integrity of the Legislature;
(c) His participation is likely to have any significant effect on the disposition of the measure; and
(d) His interest is greater than the interests of an entire class of persons similarly situated.
The next rule is 30.
IV. QUORUM, VOTING, ELECTIONS
Rule No. 30. Manner of Voting.
1. The presiding officer shall declare all votes, but the [ayes and noes shall] yeas and nays must be taken when called for by three members present, and the names of those calling for the [ayes and noes shall] yeas and nays must be entered in the Journal by the Chief Clerk.
2. The presiding officer shall call for [ayes and noes] yeas and nays by a division or by a roll call, either electronic or oral.
3. When taking the [ayes and noes] yeas and nays on any question, the electronic roll call system may be used, and when so used shall have the force and effect of any roll call under these rules.
4. When taking the [ayes and noes] yeas and nays by oral roll call, the Chief Clerk shall take the names of members alphabetically , except that the [Speaker shall] Speaker’s name must be called last.
5. The electronic roll call system may be used to determine the presence of a quorum.
6. The [ayes and noes shall] yeas and nays must not be taken with the electronic roll call system until all members present are at their desks. The presiding officer may vote at the rostrum.
7. Only a member, certified by the Committee on Credentials or special committee of the Assembly, may cast a vote in the Assembly. A member shall not vote for another member on any roll call, either electronic or oral. Any member who votes for another member may be punished in any manner deemed appropriate by the Assembly.
Rule No. 31. Reserved.
Rule No. 32.
Announcement of the Vote.
1. A member may change his vote at any time before the announcement of the vote if the voting is by voice, or at any time before the votes are electronically recorded if the voting is conducted electronically.
2. The announcement of the result of any vote shall not be postponed.
Rule No. 33. Voting by Division.
Upon a division and count of the Assembly on any question, no person without the bar shall be counted.
The next rule is 40.
V. LEGISLATIVE BODIES
Rule No. 40. Standing Committees.
The standing committees of the Assembly are as follows:
1. Ways and Means, [fifteen] fourteen members.
2. Judiciary, fourteen members.
3. Taxation, [eleven] thirteen members.
4. Education, [thirteen] twelve members.
5. Elections, Procedures, and Ethics, nine members.
6. Natural Resources, Agriculture, and Mining, [eleven] thirteen members.
7. [Labor and Management, nine members.
8.] Transportation, [nine] thirteen members.
[9.] 8. Commerce [, eleven] and Labor, fourteen members.
[10.] 9. Health and Human Services, [ten] twelve members.
[11.] 10. Government Affairs, fourteen members.
[12. Infrastructure, eleven members.]
11. Constitutional Amendments, seven members.
Rule No. 41. Appointment of Committees.
1. Except as otherwise provided in Assembly Standing Rule No. 23, all committees must be appointed by the Speaker, unless otherwise directed by the Assembly. The Speaker shall designate the chairman and vice chairman of each committee.
2. To facilitate the full participation of the members during an adjournment called pursuant to NRS 218.115, the Speaker may temporarily appoint a member to a standing committee that is scheduled to meet during the adjournment if none of the committees to which the member is regularly assigned will be meeting during the adjournment.
Rule No. 42. Committee Action.
1. The committee shall have regular meetings scheduled by the Assembly leadership. A quorum of the committee is a majority of its members and may transact business except as limited by this rule.
2. Motions may be moved, seconded and passed by voice vote by a simple majority of those present.
3. Definite action on a bill or resolution will require a majority of the entire committee.
4. A two-thirds majority of all the committee is required to reconsider action on a bill or resolution.
5. Committee introduction of legislative measures which are not prefiled requires concurrence of two-thirds of the committee and does not imply commitment to support final passage.
6. The chairman shall vote on all final action regarding bills or resolutions.
7. No member of the committee may vote by proxy under any circumstances.
Rule No. 43. Subcommittees.
Subcommittees made up of committee members may be appointed by the chairman to consider and report back on specific subjects or bills.
Rule No. 44. Committee on Elections, Procedures, and Ethics.
The Committee on Elections, Procedures, and Ethics has jurisdiction over matters relating to personnel. It shall recommend by resolution the appointment of all attachés and employees of the Assembly not otherwise provided for by law. It may suspend or remove any such attaché or employee for incompetency or dereliction of duty. It shall function as the Committee on Rules and as the Committee on Credentials of the Assembly.
Rule No. 45. Procedure for Election Contests.
1. Upon receipt of a statement of contest from the Secretary of State pursuant to NRS 293.427, the Speaker shall, as soon as practicable, appoint a special committee to hear the contest or refer the contest to the Standing Committee on Elections, Procedures, and Ethics. The committee shall conduct a hearing to consider the contest. The committee shall keep written minutes of the hearing. The contestant has the burden of proving that any irregularities shown were of such a nature as to establish that the result of the election was changed thereby.
2. The contest must be submitted so far as may be possible upon depositions or by written or oral arguments as the Assembly may order. Any party to a contest may take the deposition of any witness at any time after the statement of contest is filed with the Secretary of State and before the contest is finally decided. At least 3 days’ notice must be given to the prospective deponent and to the other party. If oral statements are made at any hearing before the Assembly or a committee thereof which purport to establish matters of fact, they must be made under oath. Strict rules of evidence do not apply.
3. The committee shall, not later than 5 calendar days after the contest was referred to the committee, report to the Assembly its findings on whether the contestant has met the burden of proving that any irregularities shown were of such a nature as to establish that the result of the election was changed thereby. The committee shall then report to the Assembly its recommendation on which person should be declared elected or report that it has no recommendation. The Assembly shall, as soon as practicable thereafter but not later than 7 calendar days after the Speaker received the statement of contest, vote whether to accept or reject the committee’s recommendation without amendment, if a recommendation is made. If the recommendation is accepted, the Speaker shall declare the recommended person elected. If the recommendation is rejected or the committee did not make a recommendation, the Assembly shall consider immediately which person should be declared elected. The Speaker shall not adjourn the Assembly until it has declared a person to be elected.
4. The Speaker shall inform the Governor of the identity of the person declared to be elected by the Assembly.
Rule No. 46. Committee Action on Reports.
Committee reports [shall] must be adopted at a committee session actually assembled and meeting as a committee with a quorum present. Every committee vote on a matter pertaining to a bill or resolution [shall] must be recorded. The vote may be taken by roll call at the discretion of the chairman.
Rule No. 47. Committee Records.
The chairman of each committee shall keep, or cause to be kept, a complete record of the committee proceedings in which there [shall] must be entered:
1. The time and place of each meeting;
2. The attendance and absence of members;
3. The names of all persons appearing before the committee, with the names of persons, firms, corporations or associations in whose behalf such appearance is made; and
4. The subjects or measures considered and action taken.
Rule No. 48. Disposition of Committee Records.
All minutes, records and documents in the possession of committees and their chairmen [shall] must be filed in the offices of the Legislative Counsel Bureau upon adjournment sine die.
Rule No. 49. Committee Hearings.
[A public hearing must be held on each bill and resolution which is referred to committee.] The presence of a quorum of the committee is desirable but not required[.] to conduct a public hearing. Public hearings are opened by the chairman who announces the subject under consideration and provides for those wishing to address the committee to be heard. These persons shall rise in an order determined by the chairman, address the chair and furnish their names, addresses and firms or other organizations represented. Committee members may address the chairman for permission to question the witness. When all persons present have been heard, the chairman may declare closed the portion of the meeting wherein the committee will accept public testimony on the matter before proceeding to other matters.
Rule No. 50. Reserved.
Rule No. 51. Reserved.
Rule No. 52. Concurrent Referrals.
When a bill or resolution is referred to two committees , the bill or resolution must go to the first committee named. If the first committee votes to amend the bill or resolution, it must be reprinted with amendments and then returned to the first committee or sent immediately to the next committee. If there is no amendment proposed by the first committee, or if the first committee acts upon the bill or resolution after amendment, the bill or resolution must be sent with the committee recommendation immediately to the second committee.
The next rule is 60.
VI. RULES GOVERNING MOTIONS
Rule No. 60. Entertaining.
No motion [shall be debated until the same be] may be debated until it is distinctly announced by the presiding officer . [; and it shall be reduced to writing, if] If desired by the presiding officer or any member, the motion must be reduced to writing and be read by the Chief Clerk before the [same shall be] motion is debated. A motion may be withdrawn by the maker at any time before amendment or before the motion is put to vote.
Rule No. 61. Reserved.
Rule No. 62. Reserved.
Particular Motions
Rule No. 63. Reserved.
Rule No. 64. Reserved.
Rule No. 65. Indefinite Postponement.
When a question is postponed indefinitely, the same [shall] question must not be considered again during the session and the question [shall not be] is not subject to a motion for reconsideration.
Rule No. 66. To Strike Enacting Clause.
A motion to strike out the enacting clause of a bill or resolution [shall] does not take precedence over any other subsidiary motion. If the motion is carried, it shall be considered equivalent to the rejection of such bill or resolution.
Rule No. 67. Division of Question.
Any member may call for a division of the question, which shall be divided, if it comprehends propositions in substance so distinct that, one being taken away, a substantive proposition shall remain for the decision of the Assembly. A motion to strike out being lost shall preclude neither amendment nor a motion to strike out and insert. A motion to strike out and insert shall be deemed indivisible.
Rule No. 68. To Reconsider—Precedence of.
A motion to reconsider shall have precedence over every other motion, except a motion to adjourn, or to fix the time to which to adjourn; and when the Assembly adjourns, while a motion to reconsider is pending, or before passing the order of business of Motions [and Resolutions,] , Resolutions and Notices, the right to move a reconsideration shall continue to the next day of sitting. No notice of reconsideration of any final vote shall be in order on the day preceding the last day of the session.
The next rule is 80.
VII. DEBATE
Rule No. 80. Speaking on Question.
No member shall speak more than twice during the consideration of any one question, on the same day, and at the same stage of proceedings, without leave. Members who have once spoken shall not again be entitled to the floor (except for explanation) to the exclusion of others who have not spoken.
Rule No. 81. Previous Question.
The previous question shall be put only when demanded by three members. The previous question shall not be moved by the member last speaking on the question.
The next rule is 90.
VIII. CONDUCT OF BUSINESS
A. Rules and Procedure
Rule No. 90. Mason’s Manual.
The rules of parliamentary practice contained in Mason’s Manual of Legislative Procedure shall govern the Assembly in all cases in which they are applicable and in which they are not inconsistent with the Standing Rules and orders of the Assembly, and the Joint Rules of the Senate and Assembly.
Rule No. 91. Suspension of Rule.
No standing rule or order of the Assembly shall be rescinded or changed without a vote of two-thirds of the members elected, and one day’s notice being given of the motion therefor; but a rule or order may be suspended temporarily by a vote of two-thirds of the members present.
Rule No. 92. Notices of Bills, Topics and Public Hearings.
1. Except as otherwise provided in subsection 3[:
(a) All] , all committees shall provide adequate notice of public hearings on bills, resolutions or other topics [of high public importance at least 5 calendar days before such hearings.
(b) Notice for public hearings on bills, resolutions and topics not deemed by the chairmen to be of high public importance must be provided at least 24 hours before such hearings.
(c) Notice shall also be provided for all other committee meetings at least 24 hours in advance of such meetings.
Notices in all cases shall] which are to come before the committees. The notice must include the date, time, place and agenda to be covered . [and shall] The notice must be posted conspicuously in the legislative building, appear in the daily history and be made available to the [press.] news media. The daily history must include the most current version of the notice that is available at the time the daily history is created and an informational statement informing the public where more current information, if any, regarding such notices may be found.
2. The noticing requirements of this rule may be suspended for emergency situations but only after approval by a two-thirds vote of a committee.
3. Subsection 1 does not apply to:
(a) Committee meetings held on the floor of the Assembly during a recess; or
(b) Conference committee meetings.
Rule No. 93. Reserved.
Rule No. 94. Privilege of the Floor and Lobbying.
No person, except Senators, former Assemblymen and state officers, may be admitted at the bar of the Assembly, except by special invitation on the part of some member; but a majority may authorize the Speaker to have the Assembly cleared of all such persons. No person may do any lobbying upon the floor of the Assembly at any time, and it is the duty of the Sergeant at Arms to remove any person violating any of the provisions of this rule.
Rule No. 95. Material Placed on Legislators’ Desks.
All papers, letters, notes, pamphlets and other written material placed upon an Assemblyman’s desk shall contain the signature of the Legislator requesting the placement of such material on the desk or shall contain a designation of the origin of such material. This rule does not apply to books containing the legislative bills and resolutions, the legislative daily histories, the legislative daily journals or Legislative Counsel Bureau material.
Rule No. 96. Peddling , Begging and Soliciting.
Peddling, begging and soliciting are strictly forbidden in the Assembly Chamber, and in the lobby, gallery and halls adjacent thereto . [, and no] No part of said chamber or halls [shall] may be used for, or occupied by signs or other devices for any kind of advertising.
Rule No. 97. Petitions and Memorials.
Petitions, memorials and other papers addressed to the Assembly, shall be presented by the Speaker, or by a member in the Speaker’s place. A brief statement of the contents thereof shall be made by the introducer. They shall not be debated on the day of their being presented, but shall be on the table, or be referred, as the Assembly shall determine.
Rule No. 98. Request of Purpose.
A member may request the purpose of a bill or joint resolution upon its introduction.
Rule No. 99. Remarks.
It shall be in order for members to make remarks and to have such remarks entered in the Journal.
Rule No. 100. Precedence of Parliamentary Authority.
The precedence of parliamentary authority in the Assembly [shall be as follows:] is:
1. The Constitution of the State of Nevada.
2. The Statutes of the State of Nevada.
3. The Standing Rules of the Assembly and the Joint Standing Rules of the Senate and Assembly.
4. Mason’s Manual of Legislative Procedure.
Rule No. 101. Reserved.
Rule No. 102. Reserved.
Rule No. 103. Reserved.
B. Bills
Rule No. 104. Reserved.
Rule No. 105. Substitute Bills.
A substitute bill shall be deemed and held to be an amendment, and treated in all respects as such. However, a substitute bill may be amended after its adoption, in the same manner as if it were an original bill.
Rule No. 106. Skeleton Bills.
The introduction of skeleton bills is authorized [after the beginning of a session] when, in the opinion of the sponsor and the Legislative Counsel, the full drafting of the bill would entail extensive research or be of considerable length. A skeleton bill will be provided for purposes of introduction and committee referral. Such a bill will be a presentation of ideas or statements of purpose, sufficient in style and expression to enable the Legislature and the committee to which the bill may be referred to consider the substantive merits of the legislation proposed. [The committee, if it treats the skeleton bill favorably, shall then request the draft of a completed bill in such detail as would afford the committee the opportunity of considering the legislative ideas proposed in context with all their necessary ramifications.]
Rule No. 107. Reserved.
Rule No. 108. Reserved.
Rule No. 109. Reading of Bills.
The presiding officer shall announce at each reading of a bill whether it be the first, second or third reading. The first reading of a bill shall be for information. If there is objection, the question shall be, “Shall the bill be rejected?” If the question to reject fails to receive a majority vote by the members present, or if there is no objection, the bill shall take the proper course. No bill shall be referred to a committee until after the first reading, nor amended until after the second reading.
Rule No. 110. Second Reading and Amendment of Bills.
1. All bills [shall] must be read the second time on the first legislative day after which they are reported by committee, unless a different day is designated by motion. Upon second reading, Assembly bills reported without amendments shall be placed on the General File and Senate bills reported without amendments shall be placed on the General File. Committee amendments reported with bills shall be considered upon their second reading, and such amendments may be adopted by a majority vote of the members present. Any amendment which is numbered, copied and made available to all members [shall] must be moved and voted upon by number unless any member moves that it be read in full. Assembly bills so amended [shall] must be reprinted, engrossed, and placed on the General File . [, and] Senate bills so amended [shall] must be reprinted, then engrossed or reengrossed, as applicable, and placed on the General File.
2. Any member may move to amend a bill during its second or third reading, and such a motion to amend may be adopted by a majority vote of the members present. Bills so amended on second reading [shall] must be treated the same as bills with committee amendments. Any bill so amended upon the General File [shall] must be reprinted and then engrossed or reengrossed, as applicable.
3. The reprinting of amended bills may be dispensed with only in accordance with the provisions of law.
Rule No. 111. Consent Calendar.
1. [On or before the 80th calendar day of a regular session, a] A standing committee may by unanimous vote of the members present report a bill with the recommendation that it be placed on the consent calendar. The question of recommending a bill for the consent calendar may be voted upon in committee only after the bill has been recommended for passage and only if no amendment is recommended.
2. The Chief Clerk shall maintain a list of bills recommended for the consent calendar. The list must be printed in the daily history and must include the summary of each bill, and the date the bill is scheduled for consideration on final passage.
3. [Unless postponed by motion, the consent calendar must be considered on Monday and Thursday. A bill reported on Friday to Monday, inclusive, is eligible to be considered on the following Thursday; a bill reported on Tuesday to Thursday, inclusive, is eligible to be considered on the following Monday.
4.] At any time before the presiding officer calls for a vote on the passage of the consent calendar, a member may give written notice to the Chief Clerk or state orally from the floor of the Assembly in session that he objects to the inclusion of a particular bill on the consent calendar. If a member so objects, the Chief Clerk shall remove the bill from the consent calendar and transfer it to the second reading file. A bill removed from the consent calendar may not be restored to that calendar.
[5.] 4. During floor consideration of the consent calendar, members may ask questions and offer explanations relating to the respective bills.
[6.] 5. When the consent calendar is brought to a vote, the bills remaining on the consent calendar must be read by number and summary and the vote must be taken on their final passage as a group.
Rule No. 112. Reserved.
Rule No. 113. General File.
All bills reported to the Assembly, by either standing or special committees, after receiving their second readings [shall] must be placed upon a General File, to be kept by the Chief Clerk. No bill shall be considered by the Assembly until the regular order of business shall have been gone through. Then bills shall be taken from the General File and acted upon in the order in which they were reported, unless otherwise specially ordered by the Assembly. But engrossed bills shall be placed at the head of the file, in the order in which they are received. The Chief Clerk shall post, in a conspicuous place in the chamber, a daily statement of the bills on the General File, setting forth the order in which they are filed, and specifying the alterations arising from the disposal of business each day. The Chief Clerk shall likewise post notices of special orders as made.
Rule No. 114. Reserved.
Rule No. 115. Reconsideration of Vote on Bill.
On the first legislative day that the Assembly is in session succeeding that on which a final vote on any bill or resolution has been taken, a vote may be reconsidered on the motion of any member. Notice of intention to move such reconsideration [shall] must be given on the day on which [such] the final vote was taken by a member voting with the prevailing party. It [shall not be] is not in order for any member to move a reconsideration on the day on which [such] the final vote was taken, except by unanimous consent. [But there shall] There may be no reconsideration of a vote on a motion to indefinitely postpone. Motions to reconsider a vote upon amendments to any pending question may be made at once.
Rule No. 116. Reserved.
Rule No. 117. Reserved.
C. Resolutions
Rule No. 118. Treated as Bills—Joint Resolutions.
The procedure of enacting joint resolutions [shall] must be identical to that of enacting bills. However, joint resolutions proposing amendments to the Constitution [shall] must be entered in the Journal in their entirety.
Rule No. 119. Reserved.
Rule No. 120. Order of Business.
The Order of Business must be as follows:
1. [Roll Call.] Call to Order.
2. Reading and Approval of Journal.
3. Presentation of Petitions.
4. Reports of Standing Committees.
5. Reports of Select Committees.
6. Communications.
7. Messages from the Senate.
8. Motions, Resolutions and Notices.
9. Introduction, First Reading and Reference.
10. Consent Calendar.
11. Second Reading and Amendment.
12. General File and Third Reading.
13. Unfinished Business of Preceding Day.
14. Special Orders of the Day.
15. Remarks from the Floor, limited to 10 minutes.
Rule No. 121. Reserved.
Rule No. 122. Privileged Questions.
Privileged questions [shall] have precedence of all others in the following order:
1. Motions to fix the time to which the Assembly shall adjourn.
2. Motions to adjourn.
3. Questions relating to the rights and privileges of the Assembly or any of its members.
4. A call of the House.
5. Motions for special orders.
Rule No. 123. Privilege of Closing Debate.
The author of a bill, resolution or a main question shall have the privilege of closing the debate, unless the previous question has been sustained.
Rule No. 124. Reserved.
Rule No. 125. Reserved.
Rule No. 126. Vetoed Bills.
Bills which have passed both Houses of the Legislature and are transmitted to the Assembly accompanied by a message or statement of the Governor’s disapproval or veto of the same, [shall] must be taken up and considered immediately upon the coming in of the message transmitting the same, or [shall] become the subject of a special order . [, and when] When the message is received, or (if made a special order) when the special order is called, the said message or statement [shall] must be read together with the bill or bills so disapproved or vetoed . [; and the] The message and bill [shall] must be read by the Chief Clerk without interruption, consecutively, one following the other, and not upon separate occasions . [; and no] No such bill or message [shall] may 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] may be put by the Speaker is, “Shall the bill pass, notwithstanding the objections of the Governor?” It shall not be in order, at any time, to vote upon such a vetoed bill unless the same shall first have been read, from the first word of its title to and including the last word of its final section . [; and no motion shall] No motion may be entertained after the Speaker has stated the question, save a motion to adjourn or a motion for the previous question, but the merits of the bill itself may be debated. The message or statement containing the objections of the Governor to the bill [shall] must be entered upon the Journal of the Assembly. The consideration of a vetoed bill, and the objections of the Governor thereto, shall be a privileged question, and shall take precedence over all others.
Rule No. 127. Reserved.
Rule No. 128. Reserved.
The next rule is 140.
IX. LEGISLATIVE INVESTIGATIONS AND MISCELLANEOUS
Rule No. 140. Compensation of Witnesses.
Witnesses summoned to appear before the Assembly or any of its committees [shall] must be compensated as provided by law for witnesses required to attend in the courts of the State of Nevada.
Rule No. 141. Use of the Assembly Chamber.
The Assembly Chamber shall not be used for any public or private business other than legislative, except by permission of the Assembly.
Assemblywoman Giunchigliani moved the adoption of the resolution.
Remarks by Assemblywoman Giunchigliani.
Resolution adopted.
Mr. Speaker announced that the Assembly would recess subject to the call of the Chair.
Motion carried.
Assembly in recess at 2:45 p.m.
ASSEMBLY IN SESSION
At 2:46 p.m.
Mr. Speaker presiding.
Quorum present.
INTRODUCTION, FIRST READING AND REFERENCE
prefiled bills
By Assemblywoman Giunchigliani:
Assembly Bill No. 1—AN ACT relating to the lending of money; clarifying that the acceptance of the certificate of title to a motor vehicle as security for a loan constitutes pawnbroking; limiting the circumstances under which a person licensed to engage in the business of lending may lend money secured by such a certificate; and providing other matters properly relating thereto.
Assemblyman Perkins moved that the bill be referred to the Committee on Commerce and Labor.
Motion carried.
By the Committee on Education:
Assembly Bill No. 2—AN ACT relating to the transportation of pupils; revising provisions governing the authority of the boards of trustees of school districts to purchase tickets for the transportation of pupils on public buses; authorizing fully regulated carriers to provide reduced rates to the boards of trustees of school districts for the transportation of pupils; and providing other matters properly relating thereto.
Assemblyman Perkins moved that the bill be referred to the Committee on Education.
Motion carried.
By the Committee on Education:
Assembly Bill No. 3—AN ACT relating to education; requiring the department of education to prescribe a form for use by school districts in the development of individualized education programs for pupils with disabilities; requiring the department to provide information to the boards of trustees of school districts concerning the identification and evaluation of pupils with disabilities; and providing other matters properly relating thereto.
Assemblyman Perkins moved that the bill be referred to the Committee on Education.
Motion carried.
By the Committee on Health and Human Services:
Assembly Bill No. 4—AN ACT relating to public welfare; prohibiting the department of human resources from considering the assets of a child or pregnant woman or their families to determine eligibility for the child health assurance program; and providing other matters properly relating thereto.
Assemblyman Perkins moved that the bill be referred to the Committee on Health and Human Services.
Motion carried.
By the Committee on Health and Human Services:
Assembly Bill No. 5—AN ACT relating to health care; requiring the Department of Human Resources to study the feasibility of providing presumptive eligibility to certain recipients of Medicaid and of providing a similar benefit to recipients of the child health insurance program; and providing other matters properly relating thereto.
Assemblyman Perkins moved that the bill be referred to the Committee on Health and Human Services.
Motion carried.
By the Committee on Health and Human Services:
Assembly Bill No. 6—AN ACT relating to health care; making various changes concerning the application for and determination of eligibility for Medicaid and the children’s health insurance program; and providing other matters properly relating thereto.
Assemblyman Perkins moved that the bill be referred to the Committee on Health and Human Services.
Motion carried.
By the Committee on Health and Human Services:
Assembly Bill No. 7—AN ACT relating to health care; requiring the Welfare Division of the Department of Human Resources to conduct a study to determine whether a shortage of personnel in nursing homes exists, to determine the feasibility of training recipients of temporary assistance for needy families to work in nursing homes and to assess the child care necessary for such recipients to work in nursing homes; and providing other matters properly relating thereto.
Assemblyman Perkins moved that the bill be referred to the Committee on Health and Human Services.
Motion carried.
By Assemblyman Perkins:
Assembly Bill No. 8—AN ACT relating to consumer reporting; requiring a consumer reporting agency to provide a natural person with a copy of his consumer report at no charge under certain circumstances; and providing other matters properly relating thereto.
Assemblyman Perkins moved that the bill be referred to the Committee on Commerce and Labor.
Motion carried.
By Assemblywoman Von Tobel:
Assembly Bill No. 9—AN ACT relating to unemployment compensation; providing for the payment of benefits to a part-time member of the faculty of an educational institution for the period between academic years or regular terms; and providing other matters properly relating thereto.
Assemblyman Perkins moved that the bill be referred to the Committee on Commerce and Labor.
Motion carried.
By Assemblyman Collins (by request):
Assembly Bill No. 10—AN ACT relating to casualty insurance; requiring uninsured vehicle coverage to include coverage for bodily injury or death that did not result from physical contact with the claimant or a motor vehicle occupied by the claimant; and providing other matters properly relating thereto.
Assemblyman Perkins moved that the bill be referred to the Committee on Commerce and Labor.
Motion carried.
By the Committee on Government Affairs:
Assembly Bill No. 11—AN ACT relating to public employment; expanding the mandatory subject of bargaining relating to policies for the transfer and reassignment of teachers to include all employees of school districts; and providing other matters properly relating thereto.
Assemblyman Perkins moved that the bill be referred to the Committee on Government Affairs.
Motion carried.
By the Committee on Government Affairs:
Assembly Bill No. 12—AN ACT relating to administrative procedure; revising the definition of “regulation” for purposes of the Nevada Administrative Procedure Act; authorizing judicial review of a final administrative decision made by a hearing officer of a local government; and providing other matters properly relating thereto.
Assemblyman Perkins moved that the bill be referred to the Committee on Government Affairs.
Motion carried.
By the Committee on Education:
Assembly Bill No. 13—AN ACT relating to education; establishing a state program for the financial support of local programs of intersession school and summer school; requiring the boards of trustees of school districts to establish similar local programs; authorizing schools to submit applications for participation in a local program; requiring the superintendent of public instruction to apportion money to school districts for the local programs; making an appropriation; and providing other matters properly relating thereto.
Assemblyman Perkins moved that the bill be referred to the Committee on Education.
Motion carried.
By the Committee on Education:
Assembly Bill No. 14—AN ACT relating to pupils; requiring schools to notify parents before pupils are deemed habitual disciplinary problems; authorizing schools, under certain circumstances, to develop contracts of behavior designed to prevent pupils from being deemed habitual disciplinary problems; and providing other matters properly relating thereto.
Assemblyman Perkins moved that the bill be referred to the Committee on Education.
Motion carried.
By the Committee on Education:
Assembly Bill No. 15—AN ACT relating to pupils; making various changes regarding truancy and the discipline of pupils who are habitual truants; expanding the authority of the advisory boards to review school attendance; expanding the circumstances under which probation officers may serve as juvenile court masters; revising the actions that a juvenile court must take against a pupil who is found to be a habitual truant; repealing the requirement that law enforcement agencies issue citations to pupils who are habitual truants; and providing other matters properly relating thereto.
Assemblyman Perkins moved that the bill be referred to the Committee on Education.
Motion carried.
By the Committee on Judiciary:
Assembly Bill No. 16—AN ACT relating to collections; authorizing a court to file a notice of nonpayment with the department of motor vehicles and public safety if a defendant is delinquent in the payment of a fine, administrative assessment, fee or restitution; prohibiting the department from renewing the registration of a motor vehicle of a person for whom it has received a notice of nonpayment from a court; prohibiting the department from renewing the driver’s license of a person for whom it has received a notice of nonpayment from a court or local authority; and providing other matters properly relating thereto.
Assemblyman Perkins moved that the bill be referred to the Committee on Judiciary.
Motion carried.
By Assemblyman Perkins:
Assembly Bill No. 17—AN ACT relating to crimes; repealing the rule that for a prosecution for murder or manslaughter, the death of the victim must occur within 1 year and 1 day of the act which caused the death of the victim; and providing other matters properly relating thereto.
Assemblyman Perkins moved that the bill be referred to the Committee on Judiciary.
Motion carried.
By the Committee on Judiciary:
Assembly Bill No. 18—AN ACT relating to the practice of law; revising certain provisions relating to the unauthorized practice of law; increasing the penalties for the unlawful practice of law; and providing other matters properly relating thereto.
Assemblyman Perkins moved that the bill be referred to the Committee on Judiciary.
Motion carried.
By the Committee on Judiciary:
Assembly Bill No. 19—AN ACT relating to motor vehicles; providing that money paid on a traffic citation without appearing in court must include any administrative assessment that would be imposed if paid in court; requiring money paid on certain traffic citations to be treated as a fine; providing that certain traffic citations must not designate payment of the citation as a forfeiture of bail; and providing other matters properly relating thereto.
Assemblyman Perkins moved that the bill be referred to the Committee on Judiciary.
Motion carried.
By the Committee on Judiciary:
Assembly Bill No. 20—AN ACT relating to the state judicial department; clarifying that judges of municipal courts and justices of the peace may not seek reelection if they were previously removed or retired from any judicial office; and providing other matters properly relating thereto.
Assemblyman Perkins moved that the bill be referred to the Committee on Judiciary.
Motion carried.
By Assemblymen Bache and Giunchigliani:
Assembly Bill No. 21—AN ACT relating to common-interest communities; providing for the use of secret ballots for voting at a meeting of a unit-owners’ association in certain common-interest communities; prohibiting discrimination in common-interest communities; and providing other matters properly relating thereto.
Assemblyman Perkins moved that the bill be referred to the Committee on Judiciary.
Motion carried.
By Assemblywoman Cegavske:
Assembly Bill No. 22—AN ACT relating to prisoners; requiring a court to make certain deductions from a monetary judgment awarded to a prisoner in a civil action brought against the State of Nevada; requiring a prisoner who has filed an action for small claims to pay the estimated costs of his transportation to the department of prisons in advance; and providing other matters properly relating thereto.
Assemblyman Perkins moved that the bill be referred to the Committee on Judiciary.
Motion carried.
By Assemblyman Manendo:
Assembly Bill No. 23—AN ACT relating to traffic laws; increasing the minimum fine for an offender convicted of driving under the influence of alcohol or a controlled substance for the first or second offense; and providing other matters properly relating thereto.
Assemblyman Perkins moved that the bill be referred to the Committee on Judiciary.
Motion carried.
By the Committee on Judiciary:
Assembly Bill No. 24—AN ACT relating to courts; authorizing courts to contract for the acceptance of credit cards and debit cards for the payment of fees, fines and other charges owed to the court; and providing other matters properly relating thereto.
Assemblyman Perkins moved that the bill be referred to the Committee on Judiciary.
Motion carried.
By the Committee on Judiciary:
Assembly Bill No. 25—AN ACT relating to actions for dental malpractice; repealing the prospective expiration of the provisions governing screening panels for dental malpractice claims; and providing other matters properly relating thereto.
Assemblyman Perkins moved that the bill be referred to the Committee on Judiciary.
Motion carried.
By Assemblyman Neighbors:
Assembly Bill No. 26—AN ACT relating to state financial administration; revising the provisions governing the distribution of federal money received by this state from the lease of federal lands; and providing other matters properly relating thereto.
Assemblyman Perkins moved that the bill be referred to the Committee on Government Affairs.
Motion carried.
By Assemblywoman Von Tobel:
Assembly Bill No. 27—AN ACT relating to motor vehicles; providing for the issuance of special license plates for the support of the preservation and restoration of the natural environment of the Mount Charleston Wilderness of the Toiyabe National Forest; imposing a fee for the issuance or renewal of such license plates; and providing other matters properly relating thereto.
Assemblyman Perkins moved that the bill be referred to the Committee on Transportation.
Motion carried.
By the Committee on Transportation:
Assembly Bill No. 28—AN ACT relating to the tax on special fuel; requiring the department of motor vehicles and public safety to prepare and submit a report to the legislature each odd-numbered year concerning the administration and enforcement of certain provisions relating to the tax on special fuel; and providing other matters properly relating thereto.
Assemblyman Perkins moved that the bill be referred to the Committee on Transportation.
Motion carried.
By the Committee on Transportation:
Assembly Bill No. 29—AN ACT relating to transportation; requiring the Department of Transportation to assist certain counties in developing a computerized pavement management system; and providing other matters properly relating thereto.
Assemblyman Perkins moved that the bill be referred to the Committee on Transportation.
Motion carried.
By the Committee on Transportation:
Assembly Bill No. 30—AN ACT relating to the Department of Motor Vehicles and Public Safety; requiring the Department of Motor Vehicles and Public Safety to conduct a study to determine the costs incurred in administering the programs for issuing certificates of registration for motor vehicles and drivers’ licenses in this state; and providing other matters properly relating thereto.
Assemblyman Perkins moved that the bill be referred to the Committee on Transportation.
Motion carried.
By Assemblyman Anderson:
Assembly Bill No. 31—AN ACT relating to railroads; providing that no railroad train may operate in this state unless it has a crew of at least two competent employees; and providing other matters properly relating thereto.
Assemblyman Perkins moved that the bill be referred to the Committee on Transportation.
Motion carried.
By the Committee on Transportation:
Assembly Bill No. 32—AN ACT relating to taxation; changing the distribution of certain sales and use taxes from the sales and use tax account in the state general fund to the state highway fund; and providing other matters properly relating thereto.
Assemblyman Perkins moved that the bill be referred to the Committee on Transportation.
Motion carried.
By the Committee on Transportation:
Assembly Bill No. 33—AN ACT relating to motor vehicles; abolishing the limitation on the fees that may be charged by the department of transportation for the issuance of permits authorizing the operation of oversize or overweight vehicles; and providing other matters properly relating thereto.
Assemblyman Perkins moved that the bill be referred to the Committee on Transportation.
Motion carried.
By the Committee on Transportation:
Assembly Bill No. 34—AN ACT relating to motor vehicles; requiring that the money collected from the fee imposed on short-term leases of passenger cars be deposited in the state highway fund; and providing other matters properly relating thereto.
Assemblyman Perkins moved that the bill be referred to the Committee on Transportation.
Motion carried.
By the Committee on Transportation:
Assembly Bill No. 35—AN ACT relating to taxation; eliminating the conversion factor for liquefied petroleum gas used in the calculation of the tax on special fuel; and providing other matters properly relating thereto.
Assemblyman Perkins moved that the bill be referred to the Committee on Transportation.
Motion carried.
By the Committee on Ways and Means:
Assembly Bill No. 36—AN ACT making an appropriation to the Division of Child and Family Services of the Department of Human Resources for the preparation of an update of the report on the assessment of the need for juvenile correctional facilities and related programs; and providing other matters properly relating thereto.
Assemblyman Perkins moved that the bill be referred to the Committee on Ways and Means.
Motion carried.
By the Committee on Education:
Assembly Bill No. 37—AN ACT relating to public schools; requiring the superintendent of public instruction to provide certain information concerning statutes and regulations affecting public schools and pupils to the boards of trustees of school districts; requiring the boards of trustees to provide similar information to parents and educational personnel; and providing other matters properly relating thereto.
Assemblyman Perkins moved that the bill be referred to the Committee on Education.
Motion carried.
By Assemblyman Neighbors:
Assembly Bill No. 38—AN ACT relating to district courts; providing for an additional judge for the fifth judicial district; and providing other matters properly relating thereto.
Assemblyman Perkins moved that the bill be referred to the Committee on Judiciary.
Motion carried.
By Assemblyman Manendo:
Assembly Bill No. 39—AN ACT relating to mobile home parks; prohibiting a landlord of a mobile home park from prohibiting a tenant from exhibiting a political sign within the boundary of the lot of the tenant; and providing other matters properly relating thereto.
Assemblyman Perkins moved that the bill be referred to the Committee on Commerce and Labor.
Motion carried.
By Assemblywoman Gibbons:
Assembly Bill No. 40—AN ACT relating to elections; removing the requirement that a candidate for certain partisan offices who receives a majority of the votes in a primary election be declared the nominee for such an office; and providing other matters properly relating thereto.
Assemblyman Perkins moved that the bill be referred to the Committee on Elections, Procedures, and Ethics.
Motion carried.
By Assemblyman Carpenter:
Assembly Bill No. 41—AN ACT relating to water pollution; prohibiting the director of the state department of conservation and natural resources from making certain determinations concerning the control of water pollution if the determination is based solely upon certain information or is made without conducting an investigation; and providing other matters properly relating thereto.
Assemblyman Perkins moved that the bill be referred to the Committee on Natural Resources, Agriculture, and Mining.
Motion carried.
By Assemblyman Carpenter:
Assembly Bill No. 42—AN ACT relating to crimes; providing in skeleton form categories of misdemeanors; revising the sentences imposed for misdemeanors; and providing other matters properly relating thereto.
Assemblyman Perkins moved that the bill be referred to the Committee on Judiciary.
Motion carried.
By Assemblywoman Segerblom:
Assembly Bill No. 43—AN ACT relating to educational personnel; removing the exemption from certain disciplinary procedures that is provided for licensed educational personnel who have negotiated their employment contracts pursuant to the Local Government Employee-Management Relations Act; revising certain procedures regarding the admonishment of licensed educational personnel; providing that certain employees who have been suspended, dismissed or not reemployed are entitled to reinstatement; clarifying that educational personnel who have been suspended for certain reasons are entitled to compensation during the period of their suspension; and providing other matters properly relating thereto.
Assemblyman Perkins moved that the bill be referred to the Committee on Education.
Motion carried.
By Assemblyman Arberry:
Assembly Bill No. 44—AN ACT relating to the public employees’ retirement system; authorizing certain public employees to retire at any age if the sum of the age and years of service of the employee is equal to or greater than 75 years; and providing other matters properly relating thereto.
Assemblyman Perkins moved that the bill be referred to the Committee on Government Affairs.
Motion carried.
By Assemblyman Manendo:
Assembly Bill No. 45—AN ACT relating to crimes; imposing community service for a second or subsequent offense of unlawfully parking in a space designated for the handicapped; and providing other matters properly relating thereto.
Assemblyman Perkins moved that the bill be referred to the Committee on Transportation.
Motion carried.
By the Committee on Ways and Means:
Assembly Bill No. 46—AN ACT making an appropriation to the City of Las Vegas for the construction of a facility to provide emergency shelter for women and children; and providing other matters properly relating thereto.
Assemblyman Perkins moved that the bill be referred to the Committee on Ways and Means.
Motion carried.
By the Committee on Education:
Assembly Bill No. 47—AN ACT relating to education; requiring the department of education to establish a program for the recruitment and professional development of teachers; providing for the partial repayment of student loans of certain licensed teachers; providing for the reimbursement of certain costs incurred by teachers in obtaining endorsements in certain fields of specialization; authorizing the board of regents to administer a program of financial aid for students who are enrolled in teaching programs; making appropriations; and providing other matters properly relating thereto.
Assemblyman Perkins moved that the bill be referred to the Committee on Education.
Motion carried.
By Assemblyman Dini:
Assembly Bill No. 48—AN ACT making an appropriation to the State Department of Conservation and Natural Resources for certain costs of litigation and for costs related to consultants on the administration of water resources statewide; and providing other matters properly relating thereto.
Assemblyman Perkins moved that the bill be referred to the Committee on Ways and Means.
Motion carried.
By the Committee on Judiciary:
Assembly Bill No. 49—AN ACT relating to the court system; revising the provisions relating to the assignment of district judges in judicial districts that include family court; revising the provisions relating to the authority of chief judges in judicial districts that include family court; revising the provisions relating to the election of district judges in judicial districts that include family court; and providing other matters properly relating thereto. Assemblyman Perkins moved that the bill be referred to the Committee on Judiciary.
Motion carried.
By the Committee on Judiciary:
Assembly Bill No. 50—AN ACT relating to the court system; revising the provisions relating to the authority of chief judges in judicial districts that include family court; providing for the establishment of procedures for addressing certain grievances of parties in family court; and providing other matters properly relating thereto.
Assemblyman Perkins moved that the bill be referred to the Committee on Judiciary.
Motion carried.
By the Committee on Judiciary:
Assembly Bill No. 51—AN ACT relating to the court system; revising the provisions relating to the reporting of caseloads by chief judges in judicial districts that include family court; providing that certain information concerning caseloads be submitted to the director of the legislative counsel bureau; and providing other matters properly relating thereto.
Assemblyman Perkins moved that the bill be referred to the Committee on Judiciary.
Motion carried.
By the Committee on Judiciary:
Assembly Bill No. 52—AN ACT relating to family law; requiring the court to impose sanctions in certain circumstances against a person who files an application for an order for protection against domestic violence containing a false or intentionally misleading statement concerning the adverse party; requiring the court in certain circumstances to order additional visitation with a child; requiring the court to consider certain factors before awarding custody of a child to a parent or other person; and providing other matters properly relating thereto.
Assemblyman Perkins moved that the bill be referred to the Committee on Judiciary.
Motion carried.
By Assemblyman Carpenter:
Assembly Bill No. 53—AN ACT relating to crimes; providing for an increased penalty for felonies resulting in death or substantial bodily injury that are committed on the property of a public or private school, on a school bus or at a bus stop; providing that murder committed on the property of a public or private school, on a school bus or at a bus stop is first degree murder; providing that a person convicted of such a murder shall be punished by life imprisonment or death; providing that a juvenile court does not have jurisdiction over a person charged with a felony resulting in death or substantial bodily injury that is committed on the property of a public or private school, on a school bus or at a bus stop; and providing other matters properly relating thereto.
Assemblyman Perkins moved that the bill be referred to the Committee on Judiciary.
Motion carried.
By Assemblywoman Von Tobel:
Assembly Bill No. 54—AN ACT relating to professions; requiring the licensure of a speech pathologist’s assistant; establishing the qualifications for such licensure; revising the provisions concerning the qualifications for a license to engage in the practice of audiology or speech pathology; increasing the maximum fees that may be collected by the board of examiners for audiology and speech pathology; providing a penalty; and providing other matters properly relating thereto.
Assemblyman Perkins moved that the bill be referred to the Committee on Commerce and Labor.
Motion carried.
By Assemblyman Collins:
Assembly Bill No. 55—AN ACT relating to scrap metal; prohibiting the burning of stolen metallic wire for the purpose of selling it as scrap metal; requiring junk dealers to obtain certain evidence concerning the acquisition and burning of certain metallic wire before purchasing such wire; requiring junk dealers to keep a record of such evidence; providing penalties; and providing other matters properly relating thereto.
Assemblyman Perkins moved that the bill be referred to the Committee on Judiciary.
Motion carried.
By Assemblywoman Berman:
Assembly Bill No. 56—AN ACT relating to sex offenders; providing for a program to allow certain sex offenders on parole to participate in treatment with chemical compounds; requiring the chief parole and probation officer or his designee to administer the program; providing for a study and a report to the legislature concerning the program; requiring certain conditions of parole for sex offenders who participate in the program; authorizing a reduction in the maximum term of imprisonment of certain sex offenders who participate in the program; and providing other matters properly relating thereto.
Assemblyman Perkins moved that the bill be referred to the Committee on Judiciary.
Motion carried.
By Assemblywoman Von Tobel:
Assembly Bill No. 57—AN ACT relating to the legislature; prohibiting lobbyists and certain former lobbyists from giving certain gifts to legislators; prohibiting legislators from soliciting or accepting gifts from registered lobbyists and certain former registered lobbyists; providing a penalty; and providing other matters properly relating thereto.
Assemblyman Perkins moved that the bill be referred to the Committee on Elections, Procedures, and Ethics.
Motion carried.
By Assemblyman Beers:
Assembly Bill No. 58—AN ACT relating to real estate licensure; changing references to “real estate salesman” to “real estate sales associate”; changing references to “real estate broker-salesman” to “real estate broker-associate”; and providing other matters properly relating thereto.
Assemblyman Perkins moved that the bill be referred to the Committee on Commerce and Labor.
Motion carried.
By Assemblyman Perkins:
Assembly Bill No. 59—AN ACT relating to motor vehicles; clarifying that a person with a disability may obtain a special license plate and parking sticker to park a motorcycle in a space designated for the handicapped; and providing other matters properly relating thereto.
Assemblyman Perkins moved that the bill be referred to the Committee on Transportation.
Motion carried.
By Assemblywoman Giunchigliani:
Assembly Bill No. 60—AN ACT relating to health care; requiring health insurers to include in certain policies of health insurance coverage for services and prescriptive drugs related to reproductive health care; prohibiting certain health insurers from committing certain acts concerning services related to reproductive health care; requiring the department of human resources to reimburse providers of health care directly for services related to reproductive health care provided under the state plan for Medicaid; requiring the department of human resources to contract only with health maintenance organizations that have negotiated with certain essential community providers to provide Medicaid managed care; and providing other matters properly relating thereto.
Assemblyman Perkins moved that the bill be referred to the Committee on Commerce and Labor.
Motion carried.
By Assemblyman Perkins:
Assembly Bill No. 61—AN ACT relating to schools; expanding the jurisdiction of school police officers to school zones for the purpose of enforcement of traffic laws; authorizing school police officers to issue citations to habitual truants; and providing other matters properly relating thereto.
Assemblyman Perkins moved that the bill be referred to the Committee on Education.
Motion carried.
By the Committee on Government Affairs:
Assembly Bill No. 62—AN ACT relating to residential facilities for groups; revising the limitation on local control over the location of housing for persons with disabilities; requiring the enactment of certain related ordinances; requiring local governments to maintain a registry of residential facilities for groups; revising the definition of “residential facility for groups”; and providing other matters properly relating thereto.
Assemblyman Perkins moved that the bill be referred to the Committee on Government Affairs.
Motion carried.
By Assemblyman Anderson:
Assembly Bill No. 63—AN ACT relating to compensation; excluding certain sports officials from the payment of unemployment compensation; excluding certain sports officials from the payment of workers’ compensation; excluding certain sports officials from participation in the public employees’ retirement system; and providing other matters properly relating thereto.
Assemblyman Perkins moved that the bill be referred to the Committee on Commerce and Labor.
Motion carried.
By the Committee on Commerce and Labor:
Assembly Bill No. 64—AN ACT relating to real property; revising the provisions relating to the licensing and the operation of certain mortgage companies; requiring certain mortgage companies to maintain a minimum net worth; establishing licensing requirements for mortgage agents and requiring such agents to pay certain fees; prohibiting various acts by mortgage companies and mortgage agents; providing for administrative sanctions and criminal penalties; revising the provisions relating to the licensing and the operation of certain construction controls, escrow agencies, escrow agents, title agents, title insurers and escrow officers; requiring certain construction controls, escrow agencies, title agents and title insurers to maintain a surety bond; and providing other matters properly relating thereto.
Assemblyman Perkins moved that the bill be referred to the Committee on Commerce and Labor.
Motion carried.
By the Committee on Government Affairs:
Assembly Bill No. 65—AN ACT relating to mobile home parks, removing the requirement that certain mobile home parks provide direct water service to individual meters, and providing other matters properly relating thereto. Assemblyman Perkins moved that the bill be referred to the Committee on Government Affairs.
Motion carried.
By Assemblywoman Angle (by request):
Assembly Bill No. 66—AN ACT relating to state government; prohibiting retaliatory action against an independent contractor who discloses an improper governmental action; prohibiting a state agency from taking certain adverse action against independent contractors who testify or seek to testify before a house or committee of the legislature on their own behalf; and providing other matters properly relating thereto.
Assemblyman Perkins moved that the bill be referred to the Committee on Government Affairs.
Motion carried.
By the Committee on Government Affairs:
Assembly Bill No. 67—AN ACT relating to the committee on benefits, increasing the number of members of the committee; requiring that certain members of the committee be appointed by the governor from lists of nominees submitted by certain organizations; providing that public employees do not lose accrued leave for the time spent away from their employment while serving as members of the committee, and providing other matters properly relating thereto.
Assemblyman Perkins moved that the bill be referred to the Committee on Government Affairs.
Motion carried.
By Assemblywoman Evans:
Assembly Bill No. 68—AN ACT relating to the protection of children; providing civil and criminal immunity to persons who cause medical tests to be performed on children suspected of being abused or neglected or provide records or copies thereof of those medical tests to certain persons; requiring those medical records or copies thereof to be provided to certain law enforcement agencies, agencies that provide protective services to children and the prosecuting attorney’s office; and providing other matters properly relating thereto.
Assemblyman Perkins moved that the bill be referred to the Committee on Health and Human Services.
Motion carried.
By Assemblyman Goldwater:
Assembly Bill No. 69—AN ACT relating to welfare; requiring the state plan for Medicaid to provide payment to hospitals for treating a disproportionate share of Medicaid patients, indigent patients or other low-income patients in proportion to the total uncompensated amount of the costs incurred by the hospital for health care services provided to such patients during the preceding year; and providing other matters properly relating thereto.
Assemblyman Perkins moved that the bill be referred to the Committee on Health and Human Services.
Motion carried.
By Assemblyman Collins:
Assembly Bill No. 70—AN ACT relating to gaming; requiring the licensure of a manufacturer, seller or distributor of associated equipment; providing a fee for such licensure; providing a penalty; and providing other matters properly relating thereto.
Assemblyman Perkins moved that the bill be referred to the Committee on Judiciary.
Motion carried.
By Assemblywoman Buckley:
Assembly Bill No. 71—AN ACT relating to crimes against property; prohibiting a person from obtaining any personal identifying information of another person and using the information to harm that other person or for any unlawful purpose; making various changes to provisions concerning identity fraud and false status; providing penalties; and providing other matters properly relating thereto.
Assemblyman Perkins moved that the bill be referred to the Committee on Judiciary.
Motion carried.
By the Committee on Judiciary:
Assembly Bill No. 72—AN ACT relating to real property; subjecting certain transactions involving mortgage companies and notes secured by liens on real property to laws regulating securities; authorizing the administrator of the securities division of the office of the secretary of state to adopt regulations to exempt from the laws regulating securities certain transactions involving mortgage companies and notes secured by liens on real property; and providing other matters properly relating thereto.
Assemblyman Perkins moved that the bill be referred to the Committee on Judiciary.
Motion carried.
By Assemblywoman Segerblom:
Assembly Bill No. 73—AN ACT relating to emergency medical services; revising provisions governing the withholding of life-resuscitating treatment pursuant to a do-not-resuscitate order; and providing other matters properly relating thereto.
Assemblyman Perkins moved that the bill be referred to the Committee on Health and Human Services.
Motion carried.
By Assemblyman Thomas:
Assembly Bill No. 74—AN ACT relating to public employment; providing that retired public employees may accept certain employment with the University and Community College System of Nevada without affecting the distribution of their existing retirement allowances; and providing other matters properly relating thereto.
Assemblyman Perkins moved that the bill be referred to the Committee on Government Affairs.
Motion carried.
By Assemblyman Goldwater:
Assembly Bill No. 75—AN ACT relating to estates in property; increasing the period of perpetuities in the Uniform Statutory Rule Against Perpetuities from 90 years to 500 years; and providing other matters properly relating thereto.
Assemblyman Perkins moved that the bill be referred to the Committee on Judiciary.
Motion carried.
MESSAGES FROM THE Senate
Senate Chamber, Carson City, February 1, 1999
To the honorable the Assembly:
I have the honor to inform your honorable body that the Senate on this day passed Senate Bill No. 1.
Mary Jo Mongelli
INTRODUCTION, FIRST READING AND REFERENCE
Senate Bill No. 1.
Assemblyman Perkins moved that all rules be suspended, reading so far had considered first reading, rules further suspended, bill considered engrossed, declared an emergency measure under the Constitution and placed on third reading and final passage.
Motion carried unanimously.
GENERAL FILE AND THIRD READING
Senate Bill No. 1.
Bill read third time.
Remarks by Assemblyman Arberry.
Roll call on Senate Bill No. 1.
Yeas–41
Nays–0
Excused–Marvel.
Senate Bill No. 1 having received a constitutional majority, Mr. Speaker declared it passed.
Bill ordered transmitted to the Senate.
GUESTS EXTENDED PRIVILEGE OF ASSEMBLY FLOOR
On request of Assemblyman Anderson, the privilege of the floor of the Assembly Chamber for this day was extended to Clyda Anderson, Natha Anderson, Ed Anderson, Lani Anderson, Kelly Gardner, Rick Gardner, R.J. Gardner, Becca Gardner, Whitney Gardner, Michael Gardner and Carolyn Hooper.
On request of Assemblywoman Angle, the privilege of the floor of the Assembly Chamber for this day was extended to Ted Angle, T.J. Ott, Victor Ott, Charlene Ott, David Ott, Ernestine Angle, John Angle, Marie Spainhower, Ed Kratch, Richard Cascio, John Massey, Terry Campbell, Barlane Eichbaum, Bea Eichbaum, Bonnie Weber, Herb Chandler, Pastor John Reed, Mr. and Mrs. Clay Wilson, Mr. and Mrs. Mike Webber, Mr. and Mrs. Ted Harris, Katie Burns, John Burns, Sheila Ward, Jim Cribari, Barbara Jones, Rusty Humphries, Penny Brock and Victoria Aiken.
On request of Assemblyman Arberry, the privilege of the floor of the Assembly Chamber for this day was extended to John T. Stephens III.
On request of Assemblyman Bache, the privilege of the floor of the Assembly Chamber for this day was extended to Sallie S. Bache and Christine N. Bache.
On request of Assemblyman Beers, the privilege of the floor of the Assembly Chamber for this day was extended to Frank T. Beers III, Patricia T. Beers, Kenneth J. Johnson, Grace I. Johnson, Lindsey B. Beers, Kyle B. Beers and Sarah J. Beers.
On request of Assemblywoman Berman, the privilege of the floor of the Assembly Chamber for this day was extended to Bess Berman, Charles Berman and Karen Wells.
On request of Assemblyman Carpenter, the privilege of the floor of the Assembly Chamber for this day was extended to Mindy Boydston.
On request of Assemblywoman Cegavske, the privilege of the floor of the Assembly Chamber for this day was extended to Tim Cegavske, Adam Cegavske, Bret Cegavske, Ned Hoogland, Nathan Emens, Ruth Jewson, and Naomi Dottie.
On request of Assemblywoman Chowning, the privilege of the floor of the Assembly Chamber for this day was extended to Elmer Chowning, Jackie Valley, Elana Marton, Christine Cole, Jennifer Batchelder and Jennifer Collier.
On request of Assemblyman Collins, the privilege of the floor of the Assembly Chamber for this day was extended to Gary Reese and Kathleen J. Collins.
On request of Assemblyman de Braga, the privilege of the floor of the Assembly Chamber for this day was extended to Amy Jo Acorda and Tiana Acorda.
On request of Mr. Speaker, the privilege of the floor of the Assembly Chamber for this day was extended to Moruyne Dini, Sheryl Seaman, Kurt Andersen, John Michael Brisbin, Alyssa Corda, Nathan Eng, Meaghan Glahn, Luis Gonzales, Jenny Mital, Dalton Moffat, Derek Sanchez, Whitney Schulz, Kimberley Sebring, A.J. Silva, Sarah Vacchina, Callie Ward, Ean Witter, Ellen Eng, Cindy Sanchez, Cathleen Mital, Elizabeth Corda, Deborah Bluemer, George and Gretchen Dini, David Dini, Tiffany Shamus Thurman, James Tudor, Lisa Menath, Scott Menath, Josh Dini, Heather Dini, Evan Dini, Vivian Pickett, Norton Pickett and Marty Bibb.
On request of Assemblywoman Gibbons, the privilege of the floor of the Assembly Chamber for this day was extended to Congressman Jim Gibbons, Sandra Waite, Dorothy Snelling, Neil Sunt, Chris Sunt, Kathy Karrasch, Kyle Karrash, Kelsey Karrash, Bance Kreisman, Beth Rubenstein, Abe Rusenstein and Heather Alney.
On request of Assemblywoman Giunchigliani, the privilege of the floor of the Assembly Chamber for this day was extended to Gary Gray.
On request of Assemblyman Goldwater, the privilege of the floor of the Assembly Chamber for this day was extended to Mary Goldwater, David Goldwater, Dan Tuntland and Robert Sparks.
On request of Assemblyman Hettrick, the privilege of the floor of the Assembly Chamber for this day was extended to Arla Hettrick.
On request of Assemblywoman Koivisto, the privilege of the floor of the Assembly Chamber for this day was extended to Victor Koivisto, Beth Medina, Kris Tackett, Victor Koivisto, Jr., Manny Medina, Ed Tackett, Bryan Medina, Amber Koivisto, Derrick Tackett, Sarina Koivisto, Heather Tackett, Victor Koivisto III and Nikolas Medina.
On request of Assemblyman Lee, the privilege of the floor of the Assembly Chamber for this day was extended to Helen M. Lee and Amanda L. Bishop.
On request of Assemblywoman Leslie, the privilege of the floor of the Assembly Chamber for this day was extended to Emma Liberty Fulkerson, Julia Leslie, Chuck Fulkerson, Mary Lee Fulkerson, Bob Fulkerson, Ben Felix and Tim Hay.
On request of Assemblyman Manendo, the privilege of the floor of the Assembly Chamber for this day was extended to Cleone Bujalski.
On request of Assemblyman Marvel, the privilege of the floor of the Assembly Chamber for this day was extended to Willie Marvel, Michelle Slagle, Dave Slagle and Delanie Slagle.
On request of Assemblyman Nolan, the privilege of the floor of the Assembly Chamber for this day was extended to Jeff Michael, Ellen Richwaine, Jim Long, Joey Nolan, Ryan Nolan and Kim Nolan.
On request of Assemblyman Parks, the privilege of the floor of the Assembly Chamber for this day was extended to Irene M. Davis.
On request of Assemblyman Price, the privilege of the floor of the Assembly Chamber for this day was extended to Nancy Price.
On request of Assemblywoman Segerblom, the privilege of the floor of the Assembly Chamber for this day was extended to Richard "Tick" Segerblom, Carl Segerblom and Martin Beck.
Assemblyman Perkins moved that the Assembly adjourn until Tuesday, February 2, 1999, at 11:00 a.m. and that it do so in memory of former State Senator Jack Regan.
Motion carried.
Assembly adjourned at 3:27 p.m.
Approved:Joseph E. Dini, Jr.
Attest: Jacqueline Sneddon