Journal
of the
SENATE of the State
of Nevada
SEVENTIETH SESSION
THE FIRST DAY
Carson City (Monday), February 1, 1999
Senate called to order at 12:17 p.m.
President Hunt presiding.
President Hunt requested that her remarks be entered in the Journal.
Good afternoon esteemed members of the Senate, families, friends and guests. This is truly a very special day for all of us. It is with great respect, humility and honor that I begin my duties of presiding over the State Senate during this revolutionary time in our great State. As we celebrate Black History Month and draw closer to observing President Abraham Lincoln’s birthday, let us be reminded of what he did for our country and for Nevada. Recognizing and believing in Nevada’s potential, President Lincoln obtained an Act of Congress in 1864 that made Nevada the thirty-sixth state of the Union. I wonder if Mr. Lincoln ever envisioned that Nevada would be what it is today. As we begin this Seventieth Session of the Nevada State Senate, let us honor the memory of the faith instilled in Nevada by President Lincoln as well as the responsibility we have to the people we serve. We have much to do in the next 120 days. I believe this is a great opportunity for us to set the precedent of government that is effective, efficient and responsible to the people. I look forward to working with each and every one of you as we pave the way into the twenty-first century. I feel confident that we will work together to ensure that our path into the new millennium is one of prosperity for everyone in Nevada.
Prayer by the Chaplain, Pastor Glen Taylor.
Proverbs 24:10 (KJV) If thou faint in the day of adversity, thy strength is small.
Proverbs 24:19 (NLT) If you fail under pressure, your strength is not very great.
Luke 18:1 (KJV)…that men ought always to pray, and not to faint;
First, we will acknowledge the presence of those who may have other beliefs, by having a moment of silence, then I shall pray in the manner that I am accustomed to praying as a Christian. Shall we bow our heads.
Father God, You have established that in all our ways, if we acknowledge You, You shall direct our paths. We are thankful today, for this is the day that You have made, and we will rejoice and be glad in it, as we pray for this legislative body assembled here before You. Allow Your wisdom to prevail upon the hearts and minds of every elected official and their staff. Prepare them for the critical decisions and proclamations which will lead this great State of Nevada into the new millennium. We need Your wisdom, so that our State does not become a land filled with nuclear waste and financial devastation. We need Your wisdom, so that this legislative session will not become a forum for inhumane ideals, predicated without regard to the aging, the disabled, the poverty stricken and uneducated. We need Your wisdom so that our children and generations to come may have an opportunity to receive the necessary health care and education. We need Your wisdom, as the great law giver, to create an atmosphere of truth and justice. For Godliness exalts a nation, exalts a state, exalts a city or exalts a community. But sin and degradation is a disgrace to any people. We pray that You will allow the words of our mouths and the meditations of our hearts, allow them to be acceptable in Thy sight, oh Lord, our strength and our Redeemer, in Christ Jesus, I pray.
Amen.
REMARKS FROM THE FLOOR
President Hunt:
We are delighted to have the Clark County Fire Department Honor Guard whose members include the following: Scott Webster, Warren Whitney, Mark Williams, Don Price and Kage Snyder.
Presentation of the Colors by Honor Guard, Clark County Fire Department.
Pledge of allegiance to the Flag.
Ms. Maizie Harris Jesse will sing the “National Anthem.”
MOTIONS, RESOLUTIONS AND NOTICES
Madam President requested Mrs. Janice L. Thomas to serve as temporary Secretary of the Senate and Mr. Charles P. Welsh to serve as temporary Sergeant at Arms.
Madam President instructed the temporary Secretary to call the roll of the holdover Senators.
Roll called.
All holdover Senators present.
Madam President appointed Senators Rawson, Rhoads and Neal as a temporary Committee on Credentials.
Madam President announced that if there were no objections the Senate will recess subject to the call of the Chair while credentials of the newly-elected Senators were examined by the temporary Committee on Credentials.
Senate in recess at 12:28 p.m.
SENATE IN SESSION
At 12:40 p.m.
President Hunt presiding.
Quorum present.
REPORTS OF COMMITTEES
Madam President:
Your temporary Committee on Credentials has
had the credentials of the respective Senators‑elect under consideration
and begs leave to report that the following persons have been and are duly
elected and qualified members of the Senate of the 70th Session of the
Legislature of the State of Nevada: Senators Mark E. Amodei, Terry J. Care,
Maggie Carlton, Bob Coffin,
Lawrence E. Jacobsen, Mark A. James, Bernice Mathews, William R. O’Donnell, Jon
C. Porter, Randolph J. Townsend and Maurice Washington.
Raymond D. Rawson
Dean A. Rhoads
Joseph M. Neal, Jr.
MOTIONS, RESOLUTIONS AND NOTICES
Senator Rawson moved that the report of the temporary Committee on Credentials be adopted.
Motion carried.
Madam President announced that if there were no objections, the Senate would recess subject to the call of the Chair.
Senate in recess at 12:34 p.m.
SENATE IN SESSION
At 1:02 p.m.
President Hunt presiding.
Quorum present.
Madam President appointed Senators McGinness, O’Connell and Shaffer to escort Chief Justice Robert E. Rose of the Supreme Court of Nevada to the rostrum to administer the oath of office to the newly-elected Senators.
Chief Justice Rose administered the oath of office to the newly-elected Senators.
Madam President announced that if there were no objections, the Senate would recess subject to the call of the Chair.
Senate in recess at 1:07 p.m.
SENATE IN SESSION
At 1:21 p.m.
President Hunt presiding.
Quorum present.
Senator James moved that the Chief Justice be extended a unanimous vote of thanks for administering the oath.
Motion carried unanimously.
Madam President instructed the temporary Secretary to call the roll of the Senators.
Roll called.
All Senators present.
Madam President declared that nominations were in order for President pro Tempore.
Senator Townsend nominated Senator Lawrence E. Jacobsen for President pro Tempore.
Senator Titus moved that the nominations be closed.
Motion carried.
Madam President declared Senator Jacobsen to be President pro Tempore of the Senate.
Madam President declared that nominations were in order for Secretary of the Senate.
Senator Raggio nominated Mrs. Janice L. Thomas to be Secretary of the Senate.
Senator Wiener moved that the nominations be closed.
Motion carried.
Madam President declared Mrs. Janice L. Thomas to be the Secretary of the Senate.
Madam President appointed Senators Amodei, O’Donnell and Schneider as a committee of three to inform the Assembly that the Senate is organized and ready for business.
Madam President appointed Senators Porter, O’Connell and Care as a committee of three to inform the Governor that the Senate is organized and ready for business.
Senator Raggio moved that the following persons be accepted as accredited press representatives and that they be assigned space at the press table and be allowed to use the appropriate broadcasting facilities: 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.
Senator Amodei reported that his committee had informed the Assembly that the Senate is organized and ready for business.
Senator Porter reported that his committee had informed the Governor that the Senate is organized and ready for business.
A committee from the Assembly composed of Assemblywoman Giunchigliani and Assemblymen Arberry and Marvel appeared before the bar of the Senate and announced that the Assembly was organized and ready for business.
Madam President announced that if there were no objections, the Senate would recess subject to the call of the Chair.
Senate in recess at 2:06 p.m.
SENATE IN SESSION
At 2:32 p.m.
President Hunt presiding.
Quorum present.
By Senators Raggio and Titus:
Senate Resolution No. 1—Adopting Senate Standing Rules for the 70th session of the legislature.
RESOLVED BY THE SENATE OF THE STATE OF NEVADA, That the Senate Standing Rules as amended by the 69th session are adopted, with the following changes, as the Standing Rules of the Senate for the 70th session of the Legislature:
I. OFFICERS AND EMPLOYEES
Duties of Officers
Rule No. 1. President.
The President shall take the chair and call the Senate to order precisely at the hour appointed for meeting, and if a quorum is present shall cause the Journal of the preceding day to be read. He shall preserve order and decorum, and in case of any disturbance or disorderly conduct within the Senate Chamber, shall order the Sergeant at Arms to suppress it, and may order the arrest of any person creating any disturbance within the Senate Chamber. He may speak to points of order in preference to members, rising from his seat for that purpose, and shall decide questions of order without debate, subject to an appeal to the Senate by two members, on which appeal no member may speak more than once without leave of the Senate. He shall sign all acts, addresses and joint resolutions, and all writs, warrants and subpoenas issued by order of the Senate; all of which must be attested by the Secretary. He has general direction of the Senate Chamber.
Rule No. 2. President pro Tem.
The President pro Tem has all the power and shall discharge all the duties of the President during his absence or inability to discharge the duties of his office. In the absence or inability of the President pro Tem to discharge the duties of the President’s office, the Chairman of the Committee on Legislative Affairs and Operations shall preside. In the absence of the Chairman, the Vice Chairman of the Committee on Legislative Affairs and Operations shall preside. In the absence of the Vice Chairman of the Committee on Legislative Affairs and Operations, the Senate shall elect one of its members as the presiding officer for that occasion.
Rule No. 3. Secretary.
1. The Secretary of the Senate is elected by the Senate, and shall:
(a) Interview and recommend to the Committee on Legislative Affairs and Operations persons to be considered for employment to assist the Secretary.
(b) See that these employees perform their respective duties.
(c) Administer the daily business of the Senate, including the provision of secretaries to its committees.
(d) Unless otherwise ordered by the Senate, transmit at the end of each working day those bills and resolutions upon which the next action is to be taken by the Assembly.
2. The Secretary is responsible to the [majority floor leader.] Majority Leader.
Rule No. 4. Sergeant at Arms.
1. The Sergeant at Arms shall attend the Senate during its sittings, and execute its commands and all process issued by its authority. He must be sworn to keep the secrets of the Senate.
2. The Sergeant at Arms shall:
(a) Superintend the upkeep of the Senate’s Chamber, private lounge, and meeting rooms for committees.
(b) Interview and recommend to the Committee on Legislative Affairs and Operations persons to be considered for employment to assist the Sergeant at Arms.
3. The Sergeant at Arms is responsible to the [majority floor leader.] Majority Leader.
Rule No. 5. Assistant Sergeant at Arms.
The Assistant Sergeant at Arms shall be doorkeeper and shall preserve order in the Senate Chamber and shall assist the Sergeant at Arms. He shall be sworn to keep the secrets of the Senate.
Rule No. 6. Reserved.
The next rule is 10.
II. SESSIONS AND MEETINGS
Rule No. 10. Time of Meeting.
The President shall call the Senate to order each day of sitting at 11:00 o’clock a.m., unless the Senate has adjourned to some other hour.
Rule No. 11. Call of Senate—Moved by Three Members.
A Call of the Senate may be moved by three Senators, and if carried by a majority of all present, the Secretary shall call the roll and note the absentees, after which the names of the absentees shall again be called over. The doors shall then be closed and the Sergeant at Arms directed to take into custody all who may be absent without leave, and all Senators so taken into custody shall be presented at the bar of the Senate for such action as to the Senate may seem proper.
Rule No. 12. Absence—Leave Required.
No Senator shall absent himself from the service of the Senate without leave, except in case of accident or sickness, and if any Senator or officer shall so absent himself his per diem shall not be allowed him.
Rule No. 13. Open Meetings.
1. Except as provided in the Constitution of the State of Nevada and in subsection 2 of this rule, all meetings of the Senate and its committees must be open to the public.
2. A Senate committee meeting may be closed to consider the character, alleged misconduct, professional competence, or physical or mental health of a person.
The next rule is 20.
III. DECORUM AND DEBATE
Rule No. 20. Points of Order.
1. If any Senator, in speaking or otherwise, transgresses the rules of the Senate, the President shall, or any Senator may, call him to order . [, and when] If a Senator [shall be] is so called to order , he shall [sit down and shall] not proceed without leave of the Senate . [; which leave, if granted, shall] If such leave is granted, it must be upon the motion, “That he be allowed to proceed in order,” [when he] and the Senator shall confine himself to the question under consideration and avoid personality.
2. Every decision of points of order made by the President [shall be] is subject to appeal, and [no] a discussion of a question of order [shall be allowed, except] may be allowed only upon the appeal of two Senators . [, and in] In all cases of appeal , the question [shall] must be, “Shall the decision of the Chair stand as the judgment of the Senate?”
Rule No. 21. Breaches of Decorum.
1. In cases of breaches of decorum or propriety , any Senator, officer or other person [shall be] is liable to such censure or punishment as the Senate may deem proper . [, and if]
2. If any Senator [be] is called to order for offensive or indecorous language or conduct, the person calling him to order shall report the offensive or indecorous language or conduct [excepted to, which shall be taken down or noted at the Secretary’s desk, and no member shall] to the presiding officer. No member may be held to answer for any language used on the floor of the Senate if business has intervened before exception to the language was taken.
3. Indecorous conduct or boisterous or unbecoming language [shall not be] is not permitted in the Senate Chamber.
The next rule is 30.
IV. QUORUM, VOTING, ELECTIONS
Rule No. 30. Recorded Vote—Three Required to Call For.
1. A recorded vote must be taken upon final passage of a bill or joint resolution, and in any other case when called for by three members . [, and every] Every Senator within the bar of the Senate shall vote “aye” or “no” or record himself as “not voting,” unless excused by unanimous vote of the Senate . [, and the]
2. The votes and names of those absent or recorded as “not voting” [must be entered on the Journal,] and the names of Senators demanding the recorded vote must [also] be entered on the Journal.
Rule No. 31. President to Decide—Tie Vote.
A question is lost by a tie vote, but when the Senate is equally divided on any question except the passage of a bill or joint resolution, the President may give the deciding vote.
Rule No. 32. Manner of Election—Voting.
1. In all cases of election by the Senate , the vote [shall] must be taken viva voce. In other cases, if a vote is to be recorded, it may be taken by oral roll-call or by electronic recording . [, and no Senator or other person may remain by the Secretary’s desk while the roll is being called or the votes are being counted.]
2. When a recorded vote is taken, no Senator may [vote] :
(a) Vote except when at his seat[, nor] ;
(b) Vote upon any question in which he is in any way personally or directly interested[, nor explain] ;
(c) Explain his vote or discuss the question while the voting is in progress[, nor change] ; or
(d) Change his vote after the result is announced . [, and the]
3. The announcement of the result of any vote [shall] must not be postponed.
The next rule is 40.
V. LEGISLATIVE BODIES
Rule No. 40. Standing Committees.
1. Except as otherwise provided in subsection 2, the standing committees of the Senate and their respective jurisdiction for the reference of bills and resolutions are as follows:
(a) Commerce and Labor, seven members, with jurisdiction over measures affecting primarily Titles 52-57, and chapters 461, 461A, 489, 703-704A and 707-712 of NRS, except measures affecting primarily state and local revenue.
(b) Finance, seven members, with jurisdiction over measures primarily affecting chapters 286 and 387 of NRS, appropriations, operating and capital budgets, state and federal budget issues and bonding, except measures affecting primarily state and local revenue, and over any measures carrying or requiring appropriations and favorably reported by any other committee unless such reference is dispensed with by a two-thirds vote of the Senate.
(c) Government Affairs, seven members, with jurisdiction over measures affecting primarily the districts from which members of the Legislature are elected, and Titles 18-22, 24, 25, 27-31 and 36 and chapters 281-285, 287-289 and 407 of NRS, except measures affecting primarily state and local revenue, state and federal budget issues, the Tahoe Regional Planning Compact and the Nevada Tahoe regional planning agency.
(d) Human Resources and Facilities, seven members, with jurisdiction over measures primarily affecting Titles 33, 37-39 and 42 and chapters 385, 386, 388-399, 439-444, 446-458, 459A, 460 and 583-585 of NRS, except measures affecting primarily state and local revenue.
(e) Judiciary, seven members, with jurisdiction over measures affecting primarily Titles 1-16 and 41 of NRS, except measures affecting primarily state and local revenue.
(f) Legislative Affairs and Operations, seven members, with jurisdiction over measures affecting primarily Title 17 of NRS, except the districts from which members of the Legislature are elected, and the operation of the legislative session, except measures affecting primarily state and local revenue.
(g) Natural Resources, seven members, with jurisdiction over measures primarily affecting Titles 26 and 45-50 and chapters 444A[, 445,] - 445C, 459, 488, 581, 582 and 586-590 of NRS, the Colorado River Commission, the Tahoe Regional Planning Compact and the Nevada Tahoe regional planning agency, except measures affecting primarily state and local revenue.
(h) Taxation, seven members, with jurisdiction over measures affecting primarily Title 32 of NRS and state and local revenue.
(i) Transportation, seven members, with jurisdiction over measures affecting primarily Title 44 and chapters 403-405, [408-410,] 408, 410, 481-487, 705 and 706 of NRS, except measures affecting primarily state and local revenue.
2. The chairman of the Standing Committee on Finance may assign any portion of a proposed executive budget to any of the other standing committees of the Senate for review. Upon receiving such an assignment the standing committee shall complete its review expeditiously and report its findings and any recommendations to the Standing Committee on Finance for its independent evaluation.
Rule No. 41. Reserved.
Rule No. 42. Committee Expenses.
No committee shall employ assistance or incur any expense, except by permission of the Senate previously obtained.
Rule No. 43. Duties of Committees.
The several committees shall fully consider all measures referred to them and report thereon. They shall acquaint themselves with the interests of the State specially represented by the committee, and from time to time present such bills and reports as in their judgment will advance the interests and promote the welfare of the people of the State, and shall fully consider and report their opinion upon any matter committed or referred to them by the Senate.
Rule No. 44. Committee on Legislative Affairs and Operations.
The Committee on Legislative Affairs and Operations shall recommend by resolution the appointment of all attachés and employees of the Senate not otherwise provided for by law. It may suspend any attaché or employee for incompetency or dereliction of duty, pending final action by the Senate. It 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 interests. All proceedings by the committee on matters of ethics or conflicts of interest are open to the public unless otherwise authorized to be closed to the public by section 15 of article 4 of the Constitution of the State of Nevada.
Rule No. 45. Reserved.
Rule No. 46. Forming Committee of the Whole.
In forming the Committee of the Whole, the Senator who has so moved shall name a chairman to preside, and all bills considered shall be read by sections, and the chairman shall call for amendments at the conclusion of the reading of each section. All amendments proposed by the committee shall be reported by the chairman to the Senate.
Rule No. 47. Rules Applicable to Committee of the Whole.
The Rules of the Senate shall apply to proceedings in Committee of the Whole, except that the previous question shall not be ordered, nor the ayes and noes demanded, but the committee may limit the number of times that any member may speak, at any stage of proceedings, during its sitting. Messages may be received by the President while the committee is sitting; in which case the President will resume the chair, receive the message, and vacate the chair in favor of the chairman of the committee.
Rule No. 48. Motion to Rise Committee of the Whole.
A motion that the committee rise shall always be in order, and shall be decided without debate.
Rule No. 49. Reference to Committee.
When a motion is made to refer any subject, and different committees are proposed, the question must be taken in the following order:
1. The Committee of the Whole Senate.
2. A Standing Committee.
Rule No. 50. Return From Committee.
1. Any bill or other matter referred to a committee of the Senate [shall] must not be withdrawn or ordered taken from [such] the committee for consideration by the Senate, recommitment, or for any other reason without a two-thirds vote of the Senate, and at least one day’s notice of the motion therefor.
2. No such motion [shall be] is in order [on] :
(a) If the bill to be withdrawn or ordered taken from the committee may no longer be considered by the Senate; or
(b) On the last day of the session, or on the day preceding the last day of the session. [Nothing in this rule shall be construed to]
3. This rule does not take from any committee the rights and duties of committees provided for in Senate Standing Rule No. 43 . [of Senate Standing Rules.]
Rule No. 51. Reserved.
Rule No. 52. Reserved.
Rule No. 53. Committee Rules.
1. The rules of the Senate, as far as applicable, are the rules of committees of the Senate. Procedure in committees, where not otherwise provided in this rule, must follow the procedure of the Senate. For matters not included in the rules of the Senate or these rules, Mason’s Manual must be followed.
2. A majority of any committee constitutes a quorum for the transaction of business.
3. A meeting of a committee may not be opened without a quorum present.
4. In addition to regularly scheduled meetings or those called by the chairman, meetings may be set by a written petition of a majority of a committee and filed with the chairman of a committee.
5. A bill may be passed from a committee only by a majority of the committee membership. A simple majority of those present and voting is sufficient to adopt committee amendments. [A committee shall not recommend a bill for placement on the consent calendar if it makes any substantive change in the law or if an amendment of the bill is recommended.]
6. Subcommittees may be appointed by committee chairmen to consider subjects specified by the committee and shall report back to the committee.
7. A committee shall act only when together, and all votes must be taken in the presence of the committee. A member shall not be recorded as voting unless he was actually present in the committee at the time of the vote. The chairman shall vote on all final actions on bills or resolutions. The provisions of this subsection do not prohibit the prefiling of legislative bills and resolutions on behalf of a committee in the manner prescribed by the legislative commission.
8. All committee and subcommittee meetings are open to the public, except as otherwise provided in Senate Standing Rule No. 13.
9. Before reporting a bill or resolution to the Senate, a committee may reconsider its action. A motion to reconsider must be made by a member who voted with the prevailing side.
10. Committee chairmen shall determine the agenda of each meeting except that committee members may request an item for the agenda by communicating with the chairman at least 4 days before the meeting. A majority of a committee may, by vote, add an item to the agenda of the next regularly scheduled meeting.
11. Secretaries to committees shall give notices of hearings on bills to anyone requesting notices of particular bills.
12. All committees shall keep minutes of meetings. The minutes must cover members present and absent, subjects under discussion, witnesses who appear, committee members’ statements concerning legislative intent, action taken by the committee, as well as the vote of individual members on all matters on which a vote is taken. Any member may submit to the secretary additional remarks to be included in the minutes and records of committee meetings. At the conclusion of the legislative session, the Secretary of the Senate shall deliver all minutes and records of committee meetings in her possession to the Director of the Legislative Counsel Bureau.
13. In addition to the minutes, the committee secretary shall maintain a record of all bills, including:
(a) Date bill referred;
(b) Date bill received;
(c) Date set for hearing the bill;
(d) Date or dates bill heard and voted upon; and
(e) Date report prepared.
14. Each committee secretary shall file the minutes of each meeting with the Secretary of the Senate [within 2 weeks] as soon as practicable after the meeting.
15. All committee minutes are open to public inspection upon request and during normal business hours.
Rule No. 54. Review of State Agency Programs.
In addition to or concurrent with committee action taken on specific bills and resolutions during a regular session of the Legislature, each standing committee of the Senate is encouraged to plan and conduct a general review of selected programs of state agencies or other areas of public interest within the committee’s jurisdiction.
The next rule is 60.
VI. RULES GOVERNING MOTIONS
A. Motions Generally
Rule No. 60. Entertaining.
1. No motion [shall] may be debated until it is announced by the President. [It shall be reduced to writing and read by the Secretary, if desired by the President or any Senator, before it shall be debated, and by]
2. By consent of the Senate , a motion may be withdrawn before amendment or decision.
Rule No. 61. Precedence of Motions.
When a question is under debate no motion shall be received but the following, which shall have precedence in the order named:
1. To adjourn.
2. For a call of the Senate.
3. To lay on the table.
4. For the previous question.
5. To postpone to a day certain.
6. To commit.
7. To amend.
8. To postpone indefinitely.
The first four shall be decided without debate.
Rule No. 62. When Not Entertained.
1. When a motion to commit, to postpone to a day certain, or to postpone indefinitely has been decided, it [shall] must not be again entertained on the same day . [and at the same stage of proceedings, and when]
2. When a question has been postponed indefinitely , it [shall] must not again be introduced during the session [except] unless this rule [may be] is suspended by a two-thirds vote . [, and there shall]
3. There must be no reconsideration of a vote on a motion to postpone indefinitely.
B. Particular Motions
Rule No. 63. To Adjourn.
A motion to adjourn shall always be in order. The name of the Senator moving to adjourn, and the time when the motion was made, shall be entered on the Journal.
Rule No. 64. Lay on the Table.
A motion to lay on or take from the table shall be carried by a majority vote.
Rule No. 65. Reserved.
Rule No. 66. To Strike Enacting Clause.
A motion to strike out the enacting clause of a bill or resolution [shall have precedence of] has precedence over a motion to commit or amend . [, and if carried shall be equivalent to its rejection.] If a motion to strike out the enacting clause of a bill or resolution is carried, the bill or resolution is rejected.
Rule No. 67. Division of Question.
1. Any Senator may call for a division of a question . [, which shall]
2. A question must be divided if it embraces subjects so distinct that [one being] if one subject is taken away, a substantive proposition [shall remain] remains for the decision of the Senate . [; but a]
3. A motion to strike out and insert [shall] must not be divided.
Rule No. 68. To Reconsider—Precedence of.
1. A motion to reconsider [shall have] has precedence over every other motion, except a motion to adjourn . [; and when] When the Senate adjourns while a motion to reconsider is pending, or before passing the order of Motions and Resolutions, the right to move [a reconsideration shall continue] for reconsideration continues to the next day of sitting.
2. No notice of reconsideration of any final vote [shall be] is in order on the day preceding the last day of the session.
Rule No. 69. Explanation of Motion.
Whenever a Senator moves to [take a bill off general file and return it to the Secretary’s desk or to make any other disposition of a bill that has been reported out of committee,] change the usual disposition of a bill or resolution, he shall describe the subject of the bill[, explain the purpose of his motion] or resolution and state the reasons for his requesting the change in the processing of the bill[.] or resolution.
The next rule is 80.
VII. DEBATE
Rule No. 80. Speaking on Question.
1. Every Senator [when he speaks,] who speaks shall, standing in his place, address “Mr. or Madam President,” in a courteous manner, and shall confine himself to the question before the Senate . [, and when] When he has finished, he shall sit down.
2. No Senator [shall speak more] may speak:
(a) More than twice [(except for explanation)] during the consideration of any one question on the same day, [nor a] except for explanation.
(b) A second time without leave when others who have not spoken desire the floor . [; but incidental]
3. Incidental and subsidiary questions arising during debate shall not be considered the same question.
Rule No. 81. Previous Question.
The previous question shall not be put unless demanded by three Senators, and it shall be in this form: “Shall the main question be now put?” When sustained by a majority of Senators present it shall put an end to all debate and bring the Senate to a vote on the question or questions before it, and all incidental questions arising after the motion was made shall be decided without debate. A person who is speaking on a question shall not while he has the floor move to put that question.
The next rule is 90.
VIII. CONDUCT OF BUSINESS
A. Generally
Rule No. 90. Mason’s Manual.
The rules of parliamentary practice contained in Mason’s Manual of Legislative Procedure shall govern the Senate in all cases in which they are applicable and in which they are not inconsistent with the standing rules and orders of the Senate, and the joint rules of the Senate and Assembly.
Rule No. 91. Suspension of Rule.
No standing rule or order of the Senate shall be rescinded or changed without a vote of two-thirds of the Senate and one day’s notice of the motion therefor; but a rule or order may be temporarily suspended for a special purpose by a vote of two-thirds of the members present. When the suspension of a rule is called for, and after due notice from the President no objection is offered, he can announce the rule suspended and the Senate may proceed accordingly; but this shall not apply to that portion of Senate Standing Rule No. 109 relating to the third reading of bills, which cannot be suspended; and further, this rule shall not apply to the suspension of Senate Standing Rule No. 50.
Rule No. 92. Notices of Bills, Topics and Public Hearings.
Adequate notice shall be provided to the Legislators and the public by posting information relative to the bills, topics and public hearings which are to come before committees. Notices shall include the date, time, place and agenda, and shall be posted conspicuously in the legislative building, shall appear in the daily history, and shall be made available to the news media.
This requirement of notice may be suspended for an emergency by the affirmative vote of two-thirds of the committee members appointed.
Rule No. 93. Protest.
Any Senator, or Senators, may protest against the action of the Senate upon any question, and have such protest entered upon the Journal.
Rule No. 94. Privilege of the Floor.
1. To preserve decorum and facilitate the business of the Senate, only [state officers and officers and members of the Senate] the following persons may be present on the floor of the Senate during formal sessions[, except for employees] :
(a) State officers;
(b) Officers and members of the Senate;
(c) Employees of the Legislative Counsel Bureau[, attachés] ;
(d) Attachés and employees of the Senate ; and [members]
(e) Members of the Assembly whose presence is required for the transaction of business.
2. Guests of Senators must be seated in a section of the upper or lower gallery of the Senate Chamber to be specially designated by the Sergeant at Arms. The Majority [Floor] Leader may specify special occasions when guests may be seated on the floor of the Senate with a Senator.
[2.] 3. A majority of Senators may authorize the President to have the Senate Chamber cleared of all persons except Senators and officers of the Senate.
[3.] 4. The Senate Chamber may not be used for any [but] business other than legislative business [except by permission given by a two-thirds vote.] during a legislative session.
Rule No. 95. Material Placed on Legislators’ Desks.
[All]
1. Only the Sergeant at Arms and officers and employees of the Senate may place papers, letters, notes, pamphlets and other written material [placed] upon a Senator’s desk . Such material must contain the name of the Legislator requesting the placement of [such] the material on the desk or [contain] a designation of the origin of [such] the material.
2. This rule does not apply to books containing the legislative bills and resolutions, the [legislative daily histories, the legislative daily journals,] daily histories and daily journals of the Senate or Assembly, or Legislative Counsel Bureau material.
Rule No. 96. Reserved.
Rule No. 97. Petitions and Memorials.
The contents of any petition or memorial shall be briefly stated by the President or any Senator presenting it. It shall then lie on the table or be referred, as the President or Senate may direct.
Rule No. 98. Reserved.
Rule No. 99. Reserved.
Rule No. 100. Reserved.
Rule No. 101. Reserved.
Rule No. 102. Objection to Reading of Paper.
Where the reading of any paper is called for, and is objected to by any Senator, it shall be determined by a vote of the Senate, and without debate.
Rule No. 103. Questions Relating to Priority of Business.
All questions relating to the priority of business shall be decided without debate.
B. Bills
Rule No. 104. Reserved.
Rule No. 105. Reserved.
Rule No. 106. Skeleton Bills.
[The introduction of skeleton bills is authorized] Skeleton bills may be introduced 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 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. Information Concerning Bills.
1. Bills introduced may be accompanied by information relative to witnesses and selected persons of departments and agencies who should be considered for committee hearings on the proposed legislation. At the time of introduction of a bill, a list may be given to the Secretary of witnesses who are proponents of the measure together with their addresses and telephone numbers. This information may be provided by:
[1.] (a) The Senator introducing the bill;
[2.] (b) The person requesting a committee introduction of the bill; or
[3.] (c) The chairman of a committee introducing the bill.
2. The Secretary shall deliver this information to the chairman of the committee to which the bill is referred. Members of the committee may suggest additional names for witnesses.
3. The Legislator may provide an analysis which may describe the intent, purpose, justification and effects of the bill, or any of them.
Rule No. 108. Reserved.
Rule No. 109. Reading of Bills.
[At least one day’s notice shall be given of the introduction of a bill unless by consent of two-thirds of the Senate, or the bill be presented by a committee in the discharge of its duty.]
1. Every bill [shall] must receive three readings [previous to] before its passage, unless, in case of emergency, [two-thirds of the Senate shall deem it expedient to dispense with this rule. The President shall give notice at each whether it be first, second or third reading.] this rule is suspended by a two-thirds vote.
2. The first reading of [the bill shall be] a bill is for information, and if [opposition be made to it,] there is opposition to the bill, the question [shall] must be, “Shall this bill be rejected?” If there is no opposition [be made,] to the bill, or if the question to reject [be negatived,] is defeated, the bill [shall] must then take the usual course.
3. No bill [shall] may be committed until once read, nor amended until twice read.
4. The third reading of every bill [shall] must be by sections.
Rule No. 110. Second Reading File—Consent Calendar.
1. All bills or resolutions reported by committee [shall] must be placed on a second reading file unless recommended for placement on the consent calendar. [Upon]
2. A committee shall not recommend a bill or resolution for placement on the consent calendar if:
(a) An amendment of the bill or resolution is recommended;
(b) It contains an appropriation; or
(c) It is controversial in nature.
3. A bill or resolution recommended for placement on the consent calendar must be included in the daily file listed in the daily history of the Senate at least 1 calendar day before it may be considered.
4. A bill or resolution must be removed from the consent calendar at the request of any Senator . [, at any time before the consent calendar is called, a bill placed on the consent calendar shall be transferred to] A bill or resolution so removed must be immediately placed on the second reading file[.
2.] for consideration in the usual order of business.
5. When the consent calendar is called, the bills remaining on the consent calendar [shall] must be read by number and summary, and the vote [shall] must be taken on their final passage as a group.
Rule No. 111. Printing.
[One thousand] Eleven hundred copies of all bills and resolutions of general interest [shall] must be printed for the use of the Senate and Assembly . [, and two hundred and fifty copies of such as are of only local interest; also such] Such other matter [shall] must be printed as may be ordered by the Senate.
Rule No. 112. Reserved.
Rule No. 113. Reading of Bills—General File.
[All bills on the second reading file shall be read in the order in which they are reported by committees.]
1. Upon reading of bills on the second reading file, Senate and Assembly bills reported without amendments [shall] must be placed on the general file . [, and Assembly bills reported without amendments shall be placed on the general file.] Committee amendments reported with bills [shall] must be considered upon their second reading and such amendments may be adopted by a majority vote of the members present. [Senate bills] Bills so amended [shall] must be reprinted, engrossed or reengrossed, and placed on the general file . [, and Assembly bills so amended shall be reprinted, reengrossed and placed on the general file. Engrossed bills shall be placed at the head of the file in the order in which they are reported engrossed, except general appropriation bills, which shall be at the head of the file. The file, with each bill in order, shall be conspicuously] The file must be posted in the Senate Chamber and made available to members of the public each day by the Secretary.
2. Any member may move to amend a bill during its reading on the second reading file or during its third reading and the 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 engrossed or reengrossed.
[The reprinting of amended bills may be dispensed with only in accordance with the provisions of law.]
3. Unless otherwise ordered by the Senate, [one thousand] eleven hundred copies of all amended bills [shall] must be printed.
Rule No. 114. Commitment of Bill With Special Instructions.
A bill may be committed with special instructions to amend at any time before taking the final vote.
Rule No. 115. Reconsideration of Vote on Bill.
1. On the day [next succeeding] after the final vote on any bill, [said] the vote may be reconsidered on motion of any member[, provided] if notice of intention to move [a] for reconsideration was given on the day [such] the final vote was taken[,] by a Senator who voted on [that side which prevailed, and no] the prevailing side. No motion to reconsider [shall be] is in order on the day [such] the final vote was taken, except by unanimous consent.
2. Motions to reconsider a vote upon amendments to any pending question may be made and decided at once.
Rule No. 116. Reserved.
Rule No. 117. Different Subject Not Admitted as Amendment.
No subject different from that under consideration shall be admitted as an amendment; and no bill or resolution shall be amended by incorporating any irrelevant subject matter or by association or annexing any other bill or resolution pending in the Senate, but a substitute may be offered at any time so long as the original is open to amendment.
C. Resolutions
Rule No. 118. Treated as Bills.
Resolutions addressed to Congress, or to either House thereof, or to the President of the United States, or the heads of any of the national departments, or proposing amendments to the State Constitution are subject, in all respects, to the foregoing rules governing the course of bills. A joint resolution proposing an amendment to the constitution shall be entered in the journal in its entirety.
Rule No. 119. Treated as Motions.
Resolutions, other than those referred to in Senate Standing Rule No. 118, shall be treated as motions in all proceedings of the Senate.
Rule No. 120. Order of Business.
1. Roll Call.
2. Prayer by the Chaplain.
3. Pledge of allegiance to the Flag.
4. Reading and Approval of the Journal.
5. Reports of Standing Committees.
6. Messages from the Governor.
7. Messages from the Assembly.
8. Communications from State Officers.
9. Motions, Resolutions and Notices.
10. Introduction, First Reading and Reference.
11. Consent Calendar.
12. Second Reading and Amendment.
13. Business on General File and Third Reading.
14. Unfinished Business.
15. Special Orders of the Day.
16. Remarks from the Floor; Introduction of Guests.
Rule No. 121. Privilege.
Any Senator may rise and explain a matter personal to himself by leave of the President, but he shall not discuss any pending question in such explanation.
Rule No. 122. Reserved.
Rule No. 123. Reserved.
Rule No. 124. Preference to Speak.
When two or more Senators rise at the same time the President shall name the one who may first speak—giving preference, when practicable, to the mover or introducer of the subject under consideration.
Rule No. 125. Special Order.
The President shall call the Senate to order on the arrival of the time fixed for the consideration of a special order, and announce that the special order is before the Senate, which shall be considered, unless it be postponed by a two-thirds vote, and any business before the Senate at the time of the announcement of the special order shall go to Unfinished Business.
Rule No. 126. Reserved.
Rule No. 127. [Messages.
Messages from the Governor, state officers and from the Assembly may be considered at any time by a vote of the Senate.] Reserved.
Rule No. 128. Reserved.
Rule No. 129. Reserved.
D. Contests of Elections
Rule No. 130. Procedure.
1. The Senate shall not dismiss a statement of contest for want of form if any ground of contest is alleged with sufficient certainty to inform the defendant of the charges he is required to meet. The following grounds are sufficient, but are not exclusive:
(a) That the election board or any member thereof was guilty of malfeasance.
(b) That a person who has been declared elected to an office was not at the time of election eligible to that office.
(c) That illegal votes were cast and counted for the defendant, which, if taken from him, will reduce the number of his legal votes below the number necessary to elect him.
(d) That the election board, in conducting the election or in canvassing the returns, made errors sufficient to change the result of the election as to any person who has been declared elected.
(e) That the defendant has given, or offered to give, to any person a bribe for the purpose of procuring his election.
(f) That there was a possible malfunction of any voting or counting device.
2. The contest must be submitted so far as may be possible upon depositions or by written or oral arguments as the Senate 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 5 days’ notice must be given to the prospective deponent and to the other party. If oral statements are made at any hearing before the Senate 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 contestant has the burden of proving that any irregularities shown were of such nature as to establish the probability that the result of the election was changed thereby. After consideration of all the evidence, the Senate shall declare the defendant elected unless the Senate finds from the evidence that a person other than the defendant received the greatest number of legal votes, in which case the Senate shall declare that person elected.
The next rule is 140.
IX. LEGISLATIVE INVESTIGATIONS
Rule No. 140. Compensation of Witnesses.
Witnesses summoned to appear before the Senate, or any of its committees, shall be compensated as provided by law for witnesses required to attend in the courts of the State of Nevada.
Senator Raggio moved adoption of the resolution.
Remarks by Senators Raggio, and Neal.
Senator Raggio requested that the following remarks be entered in the Journal.
Senator Raggio:
Thank you, Madam President. Many of the Senate Standing Rules have not been reviewed since 1973. And some of the processes that were contained in the rules are no longer utilized because of new technology. There is a copy of the recommended rule changes and the reasoning behind those changes, that have been distributed to all of the Senators as well as to you for your review. I can go through them with you but only if there are specific questions on the Standing Rules. If there are, I will be glad to respond.
Senator Neal:
Thank you, Madam President. On page 8, line 8, it seems like we are taking out the language that disallows the committees not to recommend for the Consent Calendar bills that make any substantive changes. As I understand, they will now be able to recommend to the Consent Calendar bills that make substantive changes which are Constitutional changes. I am wondering whether or not we might be making a mistake in permitting that change which might allow that to escape some of us who might not be so watchful of a bill which would pass out of here making a substantial change to the Nevada Constitution.
Senator Raggio:
Thank you, Madam President, through you to Senator Neal. You are correct in that. This was also discussed in the Assembly, and I think they are making a similar change. Formerly, a bill did not go on the Consent Calendar if it had a substantive change. One of the hopes is that we can utilize the Consent Calendar more than in the past. Incidentally, the rules for placing a bill on the Consent Calendar, as you will see in looking at the summary of the resolution, have been moved to Rule No. 110. This was formerly Rule No. 53. But any Senator may still object to a bill being placed on the Consent Calendar. That provision has not changed. The only thing that has changed is that in the past a bill had to have practically no substance to it to go on the Consent Calendar. We are going to suggest to committees that they now utilize the Consent Calendar process more than they have in the past so that we can expedite the process. The provision has not changed; whereby, any Senator can request that a bill be taken off the Consent Calendar.
Resolution adopted unanimously.
By Senators Raggio and Titus:
Senate Resolution No. 2—Providing allowances to the leadership and other members of the Senate for periodicals, stamps, stationery and communications.
Senator Raggio moved the adoption of the resolution.
Senator Raggio requested that his remarks be entered in the Journal.
Madam President. This resolution provides an allowance for leadership and other members of the Senate for periodicals, postage, stationery and communications which is used by each Senator for office expenditures for this session.
Resolution adopted unanimously.
By Senators Raggio and Titus:
Senate Resolution No. 3—Providing for the appointment of attachés.
RESOLVED BY THE SENATE OF THE STATE OF NEVADA, That the following persons are elected as attachés of the Senate for the 70th session of the Legislature of the State of Nevada: Mary Jo Mongelli, Ann-Berit Moyle, Mary R. Phillips, Mary Ellen Patt, Claire Clift, Jane Gill, Ruth Pierini, June Fitzpatrick, Charles Welsh, Sam Palazzolo, Ronald Sandoval, Geraldine Selover, John Turner, Shirley Hammon, Betty Christenson, Joan Thran, Laura Adler, Lauren Arends, Sandra Arraiz, Sheri Asay, Jeanne Baret, Ricka Benum, Billie Brinkman, Bob Byington, Donna Calhoun, Robin Camacho, Beverly Chapin, Cwendolyn Chapman, Linda Chapman, Millard Clark, Cynthia Cook, Scott Corbett, Emory Crews, Angela Culbert, Jodi Curry, Maddie Fischer, Kelly Formby, Mary Gavin, Jo Greenslate, Patti Hampton, Bretia Herman, Jan Hunt, Judy Jacobs, Ardyss Johns, Alyce King, Jean Laird, Kathryn Lawrence, Maudie Long, Janice McClure, Marilyn McWhorter, Janet Meredith, Mary Jo Meyer, Christine Milburn, Joan Moseid, Barbara Moss, Silvia Motta, Alice Nevin, Sue Parkhurst, Ollie Perondi, Joe Pieretti, Kimberly Potvin, Rose Marie Price, Miki Primus, Lela Rude, Marion Sandoval, Paula Saponaro, Mavis Scarff, Connie Smith, Mary Soscia, Dorothy Souza, Marlene Staub, Judith Toscano, Amelie Welden, JoAnn Wessel, Norm Wessel, Lori Whatley, Fred White, Beverly Willis, Johnnie Willis, Patty Woodworth, Rayna Wortman and Brian Wright.
Senator Raggio moved the adoption of the resolution.
Remarks by Senator Raggio.
Resolution adopted unanimously.
MESSAGES FROM THE GOVERNOR
State of Nevada
Executive Chamber
Carson City, Nevada, February 1, 1999
The Honorable Senator William J. Raggio
The Honorable Assemblyman 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
MOTIONS, RESOLUTIONS AND NOTICES
Senator Raggio moved that in accordance with the provisions of Article 5, Section 10 of the Nevada Constitution, that Governor Guinn’s State of the State Address to the Nevada Legislature, as presented to the special committee to receive the Governor’s State of the State Address on January 18, 1999 be entered in the Senate Journal for this legislative day.
Motion carried.
State of the State Address to the Nevada Legislature
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 two and one-half years campaigning just to say that I sat in the Governor’s chair on January 1 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—I 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 5 percent for maintenance and enhancement. Historically, it is this 5 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. 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. 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, 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, 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.
INTRODUCTION, FIRST READING AND REFERENCE
By Senators Raggio and Titus:
Senate Bill No. 1—AN ACT making an appropriation to the legislative fund; and providing other matters properly relating thereto.
Senator Raggio moved that all rules be suspended, reading so far had considered first reading, rules further suspended, Senate Bill No. 1 declared an emergency measure under the Constitution and placed on third reading and final passage.
Senator Raggio requested that his remarks be entered in the Journal.
Thank you, Madam President. This is the traditional bill which is introduced as Senate Bill No. 1 at the beginning of each session of the Legislature. This bill provides the appropriation of $10 million for the operation of the Legislature during this session.
Motion carried unanimously.
GENERAL FILE AND THIRD READING
Senate Bill No. 1.
Bill read third time.
Remarks by Senator Raggio.
Roll call on Senate Bill No. 1:
Yeas—21.
Nays—None.
Senate Bill No. 1 having received a constitutional majority, Madam President declared it passed.
Senator Raggio moved that all rules be suspended and that Senate Bill No. 1 be immediately transmitted to the Assembly.
Motion carried unanimously.
Bill ordered transmitted to the Assembly.
COMMUNICATIONS FROM STATE OFFICERS
Messages From the Secretary of State
State of Nevada
Carson City, Nevada 89701, January 19, 1999
Janice Thomas, Secretary of the Senate, 401 South Carson Street, Carson City,
Nevada 89701-4747
Dear Ms. Thomas:
In compliance with the laws of the State of Nevada, I am returning Senate Joint Resolutions Nos. 12 and 14 of the 69th session of the Nevada Legislature.
Respectfully,
Dean Heller
MOTIONS, RESOLUTIONS AND NOTICES
By the Committee on Finance:
Senate Joint Resolution No. 12 of the 69th Session—Proposing to amend the Nevada constitution to allow the investment of state money to stimulate economic development.
WHEREAS, Emerging competition in other states and federally regulated territories threatens the long-term growth of the State of Nevada in its vital gaming industry; and
WHEREAS, Financial programs necessary to ensure business expansion and high-quality job growth do not currently provide the business sector of this state with adequate access to the types of money and capital essential to support the growth of a diversified economic base; and
WHEREAS, The Nevada constitution currently contains restrictions, based on conditions existing in the 19th century, that have prevented the Legislature from considering legislation similar to laws enacted in several other states which would permit prudently managed investments in public-private partnerships and corporations designed to provide needed sources of capital for high-quality, job-creating businesses and low-cost housing programs within this state that cannot feasibly obtain such financing from existing private financial markets in an easily accessible and efficient manner; and
WHEREAS, The State of Nevada must remain competitive with other states in providing the necessary financial tools to attract the types of businesses and industries that would diversify the economic base of this state and improve the standard of living for the residents of this state; and
WHEREAS,
The benefits to be derived from an effort toward strong economic development
throughout this state may be jeopardized if current restrictions in the Nevada
constitution are not replaced with more flexible and contemporary standards
that both protect public investments in economic development projects and
provide access to the type of financing needed to stimulate
the growth of businesses and industries throughout this state which will
provide the high-quality jobs, increased property values and enhanced standard
of living desired by Nevadans; now, therefore, be it
RESOLVED BY THE SENATE AND ASSEMBLY OF THE STATE OF NEVADA, JOINTLY, That section 9 of article 8 of the constitution of the State of Nevada be amended to read as follows:
[Sec: 9. The]
Sec. 9. 1. Except as otherwise provided in subsections 2 and 3, the State shall not donate or loan money [,] or its credit [,] to, or subscribe to or be [,] interested in the Stock of any company, association, or corporation .
[, except]
2. The legislature may enact legislation, approved by a vote of two-thirds of the members of each house, to authorize the investment of state money in any company, association or corporation for the purpose of stimulating the economic diversification or development of this state and the creation of new employment opportunities for the residents of this state, subject to the following conditions:
(a) Before any such investment is authorized, a determination must be made by a person or entity designated in the authorizing legislation that:
(1) The investment is for the economic development of this state or the creation of new employment opportunities in this state; and
(2) This state can reasonably expect to achieve a reasonable rate of return on the investment, adjusted for the relative degree of risk.
(b) Each such investment by this state must be made through a cooperative venture with private investors of reasonable sophistication who participate in the venture on terms that are the same as or less favorable than the terms on which this state is participating.
Revenue received from investments pursuant to this subsection may be reinvested subject to the same conditions.
3. The provisions of this section do not apply to corporations formed for educational or charitable purposes.
Senator Raggio moved that the resolution be referred to the Committee on Finance.
Motion carried.
By the Committee on Finance:
Senate Joint Resolution No. 14 of the 69th Session—Proposing to amend the Nevada constitution to create intermediate appellate court.
RESOLVED BY THE SENATE AND ASSEMBLY OF THE STATE OF NEVADA, JOINTLY, That a new section be added to article 6 and sections 1, 4, 7, 8, 11, 15, 20 and 21 of article 6 of the constitution of the State of Nevada be amended to read respectively as follows:
Sec. 3A. 1. The court of appeals consists of three judges or such greater number as the legislature may provide by law. If the number of judges is so increased, the supreme court shall provide by rule for the assignment of each appeal to a panel of three judges for decision.
2. After the initial terms, each judge of the court of appeals must be elected by the qualified electors of this state at the general election for a term of 6 years beginning on the first Monday of January next after the election. The initial three judges must be elected by the qualified electors of this state at the first general election following the enactment of this section. The initial terms of the judges must be staggered so that one judge serves for an initial term of 2 years, one for 4 years and one for 6 years. The initial judges shall meet as soon as practicable after their election to determine by lot the term of office that each judge will fill. If there is an increase in the number of judges, each additional judge must be elected by the qualified electors of this state at the first general election following the increase for a term beginning on the first Monday of January next after the election. The legislature shall provide for an initial term of 6 or fewer years for each additional judge so that one-third of the total number of judges, as nearly as may be, is elected every 2 years. If the number of judges is increased by more than one, the additional judges shall meet as soon as practicable after their election to determine by lot the term of office that each judge will fill.
3. The chief justice of the supreme court shall appoint one of the judges of the court of appeals to be chief judge. The chief judge serves a term of 4 years and may succeed himself. The chief judge may resign his position as chief judge without resigning from the court of appeals.
4. The supreme court shall provide by rule for the assignment of one or more judges of the court of appeals to devote a part of their time to serve as supplemental district judges, where needed.
Section 1. The Judicial power of this State [shall be] is vested in a court system, comprising a Supreme Court, a Court of Appeals, District Courts [,] and Justices of the Peace. The Legislature may also establish, as part of the system, Courts for municipal purposes only in incorporated cities and towns.
Sec. 4. 1. The supreme court [shall] and the court of appeals have appellate jurisdiction in all civil cases arising in district courts, and also on questions of law alone in all criminal cases in which the offense charged is within the original jurisdiction of the district courts. The legislature shall fix the jurisdiction of the court of appeals and provide for the review, where appropriate, of appeals decided by the court of appeals. The supreme court [shall] and the court of appeals also have power to issue writs of mandamus,certiorari, prohibition, quowarranto [,] and habeascorpus and also all writs necessary or proper to the complete exercise of [its appellate] their jurisdiction. Each [of the justices shall have power to] justice of the supreme court and judge of the court of appeals may issue writs of habeascorpus to any part of the state, upon petition by, or on behalf of, any person held in actual custody [,] in this state and may make such writs returnable [, before himself] before the issuing justice or judge or the [supreme court,] court of which the justice or judge is a member, or before any district court in the state or [before] any judge of [said courts.] a district court.
2. In case of the disability or disqualification, for any cause, of [the chief justice or one of the associate justices] a justice of the supreme court , [, or any two of them,] the governor [is authorized and empowered to designate any] may designate a judge of the court of appeals or a district judge [or judges] to sit in the place [or places of such] of the disqualified or disabled justice . [or justices, and said judge or judgesso designated shall receive their] The judge designated by the governor is entitled to receive his actual expense of travel and otherwise while sitting in the supreme court.
3. In case of the disability or disqualification, for any cause, of a judge of the court of appeals, the governor may designate a district judge to sit in the place of the disabled or disqualified judge. The judge that the governor designates is entitled to receive his actual expense of travel and otherwise while sitting in the court of appeals.
Sec. 7. The times of holding the Supreme Court , the Court of Appeals and District Courts [shall] must be as fixed by law. The terms of the Supreme Court [shall] must be held at the seat of Government unless the Legislature otherwise provides by law, except that the Supreme Court may hear oral argument at other places in the state. The terms of the Court of Appeals must be held at the place provided by law. The terms of the District Courts [shall] must be held at the County seats of their respective counties; Provided, that in case any county [shall be] is hereafter divided into two or more districts, the Legislature may by law [,] designate the places of holding Courts in such Districts.
Sec. 8. 1. The Legislature shall determine the number of Justices of the Peace to be elected in each city and township of the State [,] and shall fix by law their qualifications, their terms of office and the limits of their civil and criminal jurisdiction, according to the amount in controversy, the nature of the case, the penalty provided [,] or any combination of these.
2. The provisions of this section affecting the number, qualifications, terms of office and jurisdiction of Justices of the Peace become effective on the first Monday of January, 1979.
3. The Legislature shall also prescribe by law the manner, and determine the cases in which appeals may be taken from Justices and other courts. The Supreme Court, the Court of Appeals, the District Courts [,] and such other Courts [,] as the Legislature shall designate [, shall be] are Courts of Record.
Sec. 11. The justices of the supreme court , the judges of the court of appeals and the district judges [shall be] are ineligible to any office, other than a judicial office, during the term for which they [shall] have been elected or appointed; and all elections or appointments of any such judges by the people, legislature [,] or otherwise [,] during said period [,] to any office other than judicial [, shall be] are void.
[Sec:] Sec. 15. The Justices of the Supreme Court , the Judges of the Court of Appeals and the District Judges [shall] are each entitled to receive for their services a compensation to be fixed by law and paid in the manner provided by law, which [shall] must not be [increased or] diminished during the term for which they [shall] have been elected, unless a Vacancy occurs, in which case the successor of the former incumbent [shall] is entitled to receive only such salary as may be provided by law at the time of his election or appointment; and provision [shall] must be made by law for setting apart from each year’s revenue a sufficient amount of Money, to pay such compensation.
Sec. 20. 1. When a vacancy occurs before the expiration of any term of office in the supreme court , the court of appeals or among the district judges, the governor shall appoint a justice or judge from among three nominees selected for such individual vacancy by the commission on judicial selection.
2. The term of office of any justice or judge so appointed expires on the first Monday of January following the next general election.
3. Each nomination for the supreme court [shall] or the court of appeals must be made by the permanent commission, composed of:
(a) The chief justice or an associate justice designated by him;
(b) Three members of the State Bar of Nevada, a public corporation created by statute, appointed by its board of governors; and
(c) Three persons, not members of the legal profession, appointed by the governor.
4. Each nomination for the district court [shall] must be made by a temporary commission composed of:
(a) The permanent commission;
(b) A member of the State Bar of Nevada resident in the judicial district in which the vacancy occurs, appointed by the board of governors of the State Bar of Nevada; and
(c) A resident of such judicial district, not a member of the legal profession, appointed by the governor.
5. If at any time the State Bar of Nevada ceases to exist as a public corporation or ceases to include all attorneys admitted to practice before the courts of this state, the legislature shall provide by law, or if it fails to do so the supreme court shall provide by rule, for the appointment of attorneys at law to the positions designated in this section to be occupied by members of the State Bar of Nevada.
6. The term of office of each appointive member of the permanent commission, except the first members, is 4 years. Each appointing authority shall appoint one of the members first appointed for a term of 2 years. If a vacancy occurs, the appointing authority shall fill the vacancy for the unexpired term. The additional members of a temporary commission [shall] must be appointed when a vacancy occurs, and their terms [shall] expire when the nominations for such vacancy have been transmitted to the governor.
7. An appointing authority shall not appoint to the permanent commission more than:
(a) One resident of any county.
(b) Two members of the same political party.
No member of the permanent commission may be a member of a commission on judicial discipline.
8. After the expiration of 30 days from the date on which the commission on judicial selection has delivered to him its list of nominees for any vacancy, if the governor has not made the appointment required by this section, he shall make no other appointment to any public office until he has appointed a justice or judge from the list submitted.
[If a commission on judicial selection is established by another section of this constitution to nominate persons to fill vacancies on the supreme court, such commission shall serve as the permanent commission established by subsection 3 of this section.]
Sec. 21. 1. A justice of the supreme court, a judge of the court of appeals, a district judge, a justice of the peace or a municipal judge may, in addition to the provision of article 7 for impeachment, be censured, retired, removed or otherwise disciplined by the commission on judicial discipline. A justice or judge may appeal from the action of the commission to the supreme court, which may reverse such action or take any alternative action provided in this subsection.
2. The commission is composed of:
(a) Two justices or judges appointed by the supreme court;
(b) Two members of the State Bar of Nevada, a public corporation created by statute, appointed by its board of governors; and
(c) Three persons, not members of the legal profession, appointed by the governor.
The commission shall elect a chairman from among its three lay members.
3. If at any time the State Bar of Nevada ceases to exist as a public corporation or ceases to include all attorneys admitted to practice before the courts of this state, the legislature shall provide by law, or , if it fails to do so , the supreme court shall provide by rule, for the appointment of attorneys at law to the positions designated in this section to be occupied by members of the State Bar of Nevada.
4. The term of office of each appointive member of the commission, except the first members, is 4 years. Each appointing authority shall appoint one of the members first appointed for a term of 2 years. If a vacancy occurs, the appointing authority shall fill the vacancy for the unexpired term. An appointing authority shall not appoint more than one resident of any county. The governor shall not appoint more than two members of the same political party. No member may be a member of a commission on judicial selection.
5. The supreme court shall make appropriate rules for:
(a) The confidentiality of all proceedings before the commission, except a decision to censure, retire or remove a justice or judge.
(b) The grounds of censure and other forms of discipline which may be imposed by the commission.
(c) The conduct of investigations and hearings.
6. No justice or judge may by virtue of this section be:
(a) Removed except for willful misconduct, willful or persistent failure to perform the duties of his office or habitual intemperance; or
(b) Retired except for advanced age which interferes with the proper performance of his judicial duties, or for mental or physical disability which prevents the proper performance of his judicial duties and which is likely to be permanent in nature.
7. Any person may bring to the attention of the commission any matter relating to the fitness of a justice or judge. The commission shall, after preliminary investigation, dismiss the matter or order a hearing to be held before it. If a hearing is ordered, a statement of the matter [shall] must be served upon the justice or judge against whom the proceeding is brought. The commission in its discretion may suspend a justice or judge from the exercise of his office pending the determination of the proceedings before the commission. Any justice or judge whose removal is sought is liable to indictment and punishment according to law. A justice or judge retired for disability in accordance with this section is entitled thereafter to receive such compensation as the legislature may provide.
8. If a proceeding is brought against a justice of the supreme court, no justice of the supreme court may sit on the commission for that proceeding. If a proceeding is brought against a judge of the court of appeals, no judge of the court of appeals may sit on the commission for that proceeding. If a proceeding is brought against a district judge, no district judge from the same judicial district may sit on the commission for that proceeding. If a proceeding is brought against a justice of the peace, no justice of the peace from the same township may sit on the commission for that proceeding. If a proceeding is brought against a municipal judge, no municipal judge from the same city may sit on the commission for that proceeding. If an appeal is taken from an action of the commission to the supreme court, any justice who sat on the commission for that proceeding is disqualified from participating in the consideration or decision of the appeal. When any member of the commission is disqualified by this subsection, the supreme court shall appoint a substitute from among the eligible judges.
9. The commission may:
(a) Designate for each hearing an attorney or attorneys at law to act as counsel to conduct the proceeding;
(b) Summon witnesses to appear and testify under oath and compel the production of books, papers, documents and records;
(c) Grant immunity from prosecution or punishment when the commission deems it necessary and proper in order to compel the giving of testimony under oath and the production of books, papers, documents and records; and
(d) Exercise such further powers as the legislature may from time to time confer upon it.
And be it further
Resolved, That section 3 of article 7 of the constitution of the State of Nevada be amended to read as follows:
[Sec:] Sec. 3. For any reasonable cause to be entered on the journals of each House [,] which may [,] or may not be sufficient grounds for impeachment, the [Chief Justice and Associate] Justices of the Supreme Court , the Judges of the Court of Appeals and the Judges of the District Courts [shall] must be removed from Office on the vote of two thirds of the Members elected to each branch of the Legislature, and the Justice or Judge complained of [, shall] must be served with a copy of the complaint against him [, and shall] and have an opportunity of being heard in person or by counsel in his defense ; [,] Provided, that no member of either branch of the Legislature [shall be] is eligible to fill the vacancy occasioned by such removal.
And be it further
Resolved, That section 8 of article 15 of the constitution of the State of Nevada be amended to read as follows:
[Sec:] Sec. 8. The Legislature shall provide for the speedy publication of all Statute laws of a general nature, and such decisions of the Supreme Court [,] and the Court of Appeals, as it may deem expedient; and all laws and judicial decisions [shall] must be free for publication by any person; Provided, that no judgment of the Supreme Court or the Court of Appeals shall take effect and be operative until the Opinion of the Court in such case [shall be] is filed with the Clerk of said Court.
Senator James moved that the resolution be referred to the Committee on Judiciary.
Motion carried.
By the Committee on Legislative Affairs and Operations:
Senate Concurrent Resolution No. 1—Directing the Legislative Commission to conduct an interim study of the requirements for reapportionment and redistricting in the State of Nevada.
Senator Porter moved that the resolution be referred to the Committee on Legislative Affairs and Operations.
Motion carried.
INTRODUCTION, FIRST READING AND REFERENCE
By the Committee on Human Resources and Facilities:
Senate Bill No. 2—AN ACT relating to long-term care; requiring the Department of Human Resources to conduct a study of facilities for long-term care that provide services to recipients of Medicaid; and providing other matters properly relating thereto.
Senator Rawson moved that the bill be referred to the Committee on Government Affairs.
Motion carried.
By the Committee on Human Resources and Facilities:
Senate Bill No. 3—AN ACT relating to Medicaid; requiring the Department of Human Resources to study the feasibility of expanding eligibility for Medicaid to include persons who are medically needy; and providing other matters properly relating thereto.
Senator Rawson moved that the bill be referred to the Committee on Government Affairs.
Motion carried.
By the Committee on Human Resources and Facilities:
Senate Bill No. 4—AN ACT relating to health care; creating the division of minority health within the department of human resources; creating an advisory committee to the division of minority health; and providing other matters properly relating thereto.
Senator Rawson moved that the bill be referred to the Committee on Government Affairs.
Motion carried.
By Senator Rawson (by request):
Senate Bill No. 5—AN ACT relating to animals; requiring a veterinarian who knows or has reason to know that an animal has been tortured or subjected to cruelty to report that fact to a peace officer or officer of a society for the prevention of cruelty to animals; and providing other matters properly relating thereto.
Senator Rawson moved that the bill be referred to the Committee on Natural Resources.
Motion carried.
By Senator Townsend:
Senate Bill No. 6—AN ACT relating to trade-marks; revising the definition of “trade-mark” by specifically including the proprietary words, names, symbols, emblems, signs and insignia of the United States Olympic Committee and the International Olympic Committee; and providing other matters properly relating thereto.
Senator Townsend moved that the bill be referred to the Committee on Commerce and Labor.
Motion carried.
By Senator Rawson:
Senate Bill No. 7—AN ACT relating to medical laboratories; revising the provisions governing the requirements to qualify for certification as an assistant in a medical laboratory; and providing other matters properly relating thereto.
Senator Rawson moved that the bill be referred to the Committee on Commerce and Labor.
Motion carried.
By Senator Rawson:
Senate Bill No. 8—AN ACT relating to barbering; prohibiting the refunding of the fee for an examination for licensure by the state barbers’ health and sanitation board if the applicant, without good cause, fails to appear for the examination; requiring persons who are required to display their licenses to provide identification upon the request of a representative of the board; increasing the bond and salary of the secretary-treasurer of the board; increasing certain fees for licensure; providing a penalty; and providing other matters properly relating thereto.
Senator Rawson moved that the bill be referred to the Committee on Commerce and Labor.
Motion carried.
By the Committee on Human Resources and Facilities:
Senate Bill No. 9—AN ACT relating to educational personnel; requiring the boards of trustees of school districts to pay the cost for a licensed teacher to purchase retirement credit if the teacher provides instruction in certain schools; and providing other matters properly relating thereto.
Senator Rawson moved that the bill be referred to the Committee on Human Resources and Facilities.
Motion carried.
By the Committee on Human Resources and Facilities:
Senate Bill No. 10—AN ACT relating to health care; requiring the department of human resources to take certain actions to increase the enrollment of and health care services provided to Indian children in the children’s health insurance program; establishing an advisory committee to provide advice and recommendations to the Nevada Indian commission concerning the children’s health insurance program as it relates to Indian children; and providing other matters properly relating thereto.
Senator Rawson moved that the bill be referred to the Committee on Human Resources and Facilities.
Motion carried.
By Senator Titus:
Senate Bill No. 11—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.
Senator Titus moved that the bill be referred to the Committee on Judiciary.
Motion carried.
By the Committee on Commerce and Labor:
Senate Bill No. 12—AN ACT relating to nonprofit corporations; prohibiting the commissioner of insurance from granting or continuing authority to transact insurance in this state to certain insurers; requiring the attorney general to make certain determinations concerning certain nonprofit hospital, medical or dental service corporations that have converted or are proposing to convert to for-profit corporations; revising the provisions governing the conversion of nonprofit hospital, medical or dental service corporations to for-profit corporations or entities; and providing other matters properly relating thereto.
Senator Townsend moved that the bill be referred to the Committee on Commerce and Labor.
Motion carried.
By the Committee on Commerce and Labor:
Senate Bill No. 13—AN ACT relating to cosmetology; establishing a program for the training of cosmetologists’ apprentices; providing a fee for the registration of such apprentices; authorizing the issuance of a citation and providing an administrative penalty for the unauthorized practice of cosmetology; providing a fee for an application for a license to practice cosmetology; revising the requirements relating to reciprocity for licensure in any branch of cosmetology; revising provisions governing the licensure of a cosmetological establishment; and providing other matters properly relating thereto.
Senator Townsend moved that the bill be referred to the Committee on Commerce and Labor.
Motion carried.
By the Committee on Commerce and Labor:
Senate Bill No. 14—AN ACT relating to public investments; authorizing certain public entities to lend securities under certain circumstances; and providing other matters properly relating thereto.
Senator Townsend moved that the bill be referred to the Committee on Government Affairs.
Motion carried.
By the Committee on Finance:
Senate Bill No. 15—AN ACT relating to education; creating an advisory committee to oversee the proficiency examination administered to pupils before the completion of 11th grade; making appropriations to the department of education for certain costs related to the examination and the advisory committee; and providing other matters properly relating thereto.
Senator Raggio moved that the bill be referred to the Committee on Finance.
Motion carried.
By the Committee on Judiciary:
Senate Bill No. 16—AN ACT relating to genetic information; providing that it is an unlawful employment practice for an employer, a labor organization or an employment agency to discriminate against a person based on genetic information; and providing other matters properly relating thereto.
Senator James moved that the bill be referred to the Committee on Commerce and Labor.
Motion carried.
By the Committee on Judiciary:
Senate Bill No. 17—AN ACT relating to the limitation of actions; revising the period in which a person may bring a civil action pertaining to certain public improvements; and providing other matters properly relating thereto.
Senator James moved that the bill be referred to the Committee on Judiciary.
Motion carried.
By the Committee on Judiciary:
Senate Bill No. 18—AN ACT relating to biological weapons; prohibiting the development, production, stockpiling, transfer, acquisition, retention or possession of a biological agent, toxin or delivery system in certain circumstances; providing a penalty; and providing other matters properly relating thereto.
Senator James moved that the bill be referred to the Committee on Judiciary.
Motion carried.
By the Committee on Judiciary:
Senate Bill No. 19—AN ACT relating to service of process; clarifying the meaning of the term “street address” of a resident agent; and providing other matters properly relating thereto.
Senator James moved that the bill be referred to the Committee on Judiciary.
Motion carried.
By the Committee on Judiciary:
Senate Bill No. 20—AN ACT relating to trusts; adapting the Uniform Prudent Investor Act and the Uniform Principal and Income Act (1997) to each other and the structure of Nevada Revised Statutes; and providing other matters properly relating thereto.
Senator James moved that the bill be referred to the Committee on Judiciary.
Motion carried.
By the Committee on Human Resources and Facilities:
Senate Bill No. 21—AN ACT relating to education; making various changes regarding the administration, required reporting and security of the achievement and proficiency examinations administered to pupils in public schools; providing administrative penalties for breaches of the security or confidentiality of the achievement and proficiency examinations; and providing other matters properly relating thereto.
Senator Rawson moved that the bill be referred to the Committee on Human Resources and Facilities.
Motion carried.
By the Committee on Human Resources and Facilities:
Senate Bill No. 22—AN ACT relating to educational personnel; revising provisions governing the issuance of an initial license to teach and renewal of such a license; requiring certain teachers to possess knowledge of instruction in phonics; establishing a license to teach middle school or junior high school; prohibiting school districts from employing a teacher to teach certain subjects unless the teacher possesses a license to teach those subjects; revising provisions governing the evaluation of postprobationary and probationary teachers; revising provisions governing the probationary periods of teachers and administrators; and providing other matters properly relating thereto.
Senator Rawson moved that the bill be referred to the Committee on Human Resources and Facilities.
Motion carried.
By Senator Mathews:
Senate Bill No. 23—AN ACT making an appropriation to the Department of Education for the purchase of library books by school districts; and providing other matters properly relating thereto.
Senator Mathews moved that the bill be referred to the Committee on Finance.
Motion carried.
By Senator Mathews:
Senate Bill No. 24—AN ACT relating to psychology; specifying that the practice of psychology includes the diagnosis and treatment of alcoholism and substance abuse; reducing the number of members of the board of psychological examiners required for a quorum; revising provisions governing the written examination required for licensure as a psychologist; revising the grounds for disciplinary action against a psychologist; and providing other matters properly relating thereto.
Senator Mathews moved that the bill be referred to the Committee on Commerce and Labor.
Motion carried.
By Senator Neal:
Senate Bill No. 25—AN ACT relating to trade regulation; prohibiting the refusal to sell fireworks to certain persons; providing a penalty; and providing other matters properly relating thereto.
Senator Neal moved that the bill be referred to the Committee on Commerce and Labor.
Motion carried.
By Senator Titus:
Senate Bill No. 26—AN ACT relating to horses; increasing the penalty for killing a wild horse; making it unlawful to trip or fell a horse for entertainment or sport under certain circumstances; providing a penalty; and providing other matters properly relating thereto.
Senator Titus moved that the bill be referred to the Committee on Natural Resources.
Motion carried.
By Senator Wiener:
Senate Bill No. 27—AN ACT relating to telecommunications; revising various provisions governing telegraphs and telephones; repealing various provisions relating to telegraphs; and providing other matters properly relating thereto.
Senator Wiener moved that the bill be referred to the Committee on Commerce and Labor.
Motion carried.
By Senator Titus:
Senate Bill No. 28—AN ACT relating to programs for public employees; requiring the committee on benefits to ensure that policies of health insurance which it purchases or provides include coverage for prescription contraceptives and outpatient care related to contraception under certain circumstances; and providing other matters properly relating thereto.
Senator Titus moved that the bill be referred to the Committee on Government Affairs.
Motion carried.
By Senator Amodei:
Senate Bill No. 29—AN ACT relating to public employees’ retirement; authorizing certain employees to elect to be covered by the public employees’ retirement fund rather than the police and firemen’s retirement fund; authorizing the deduction of a member’s contributions under certain circumstances in a manner that reduces the taxable compensation of the member; authorizing an employee who elects to have his contribution paid by his employer to change that election during his first year of employment; and providing other matters properly relating thereto.
Senator Amodei moved that the bill be referred to the Committee on Finance.
Motion carried.
By Senator Amodei:
Senate Bill No. 30—AN ACT relating to justices’ courts; increasing the monetary limit of claims that are within the jurisdiction of justices’ courts; increasing the monetary limit of claims adjudicated in justices’ courts pursuant to the procedure for small claims; and providing other matters properly relating thereto.
Senator Amodei moved that the bill be referred to the Committee on Judiciary.
Motion carried.
By Senator Amodei:
Senate Bill No. 31—AN ACT relating to holidays; changing the legal holiday to observe Nevada Day to the last Friday in October; and providing other matters properly relating thereto.
Senator Amodei moved that the bill be referred to the Committee on Government Affairs.
Motion carried.
By the Committee on Commerce and Labor:
Senate Bill No. 32—AN ACT relating to contractors; repealing the provisions which relieve a licensee from filing a bond or establishing a cash deposit under certain circumstances; shortening the period during which certain licenses may be reinstated; increasing the penalty for a violation of certain provisions governing contractors; requiring certain contractors to provide homeowners’ warranties; and providing other matters properly relating thereto.
Senator Townsend moved that the bill be referred to the Committee on Commerce and Labor.
Motion carried.
By Senator Shaffer:
Senate Bill No. 33—AN ACT relating to taxation; increasing and providing for the adjustment of the amount of the exemptions from property and vehicle privilege taxes for veterans and veterans’ organizations; increasing the maximum amount that the state treasurer may accept from certain persons for credit to the veterans’ home account; and providing other matters properly relating thereto.
Senator Shaffer moved that the bill be referred to the Committee on Taxation.
Motion carried.
By Senator Mathews:
Senate Bill No. 34—AN ACT relating to hidden cameras; prohibiting the use of hidden cameras under certain circumstances; providing a penalty; and providing other matters properly relating thereto.
Senator Mathews moved that the bill be referred to the Committee on Judiciary.
Motion carried.
By Senator Titus:
Senate Bill No. 35—AN ACT relating to disabled persons; requiring the department of motor vehicles and public safety to issue expedited service permits to certain persons with disabilities that entitle those persons to expedited service from state agencies under certain circumstances; prohibiting unauthorized persons from using or attempting to use such a permit to obtain services from those agencies; providing a penalty; and providing other matters properly relating thereto.
Senator Titus moved that the bill be referred to the Committee on Transportation.
Motion carried.
By Senator James (by request):
Senate Bill No. 36—AN ACT relating to taxation; advancing the date by which a homeowner’s refund must be paid under the Senior Citizens’ Property Tax Assistance Act; and providing other matters properly relating thereto.
Senator James moved that the bill be referred to the Committee on Taxation.
Motion carried.
By the Committee on Commerce and Labor:
Senate Bill No. 37—AN ACT relating to industrial insurance; allowing certain employees of the system to retain their rights to reemployment in the executive branch of state government under certain circumstances; authorizing the state industrial insurance system to enter into certain agreements with agents, brokers and insurers to provide and market packages of insurance that combine industrial insurance coverage provided by the system with other kinds of insurance provided by other insurers; authorizing the system to pay a commission to those agents, brokers and insurers; requiring the manager of the state industrial insurance system to report annually to the legislative committee on workers’ compensation concerning the status of the account for the administration of extended claims; requiring the state industrial insurance system to provide certain information to the commissioner of insurance; requiring the state industrial insurance system to report to the commissioner of insurance concerning the financial condition of the account for the administration of extended claims; setting forth the circumstances in which the commissioner is authorized to make such information available publicly; exempting the employees of the state industrial insurance system from certain provisions governing employment in the executive branch of state government; and providing other matters properly relating thereto.
Senator Townsend moved that the bill be referred to the Committee on Commerce and Labor.
Motion carried.
By the Committee on Commerce and Labor:
Senate Bill No. 38—AN ACT relating to industrial insurance; requiring certain records of an employer who is insured by a private carrier to be open to inspection by that private carrier; expanding the types of organizations or associations of employers to which private carriers may provide industrial insurance; changing the period within which an insurer must provide notice that an employer has changed insurers or allowed his industrial insurance to lapse; requiring an insurer to notify certain claimants of circumstances under which a claim for workers’ compensation may be closed automatically; providing a penalty; and providing other matters properly relating thereto.
Senator Townsend moved that the bill be referred to the Committee on Commerce and Labor.
Motion carried.
By Senator Amodei:
Senate Bill No. 39—AN ACT relating to credit unions; authorizing the State of Nevada and agencies and subdivisions thereof, and certain other persons, to deposit money in credit unions; requiring the commissioner of financial institutions to adopt regulations relating to records of credit unions; providing that deposits for insurance for credit unions’ members’ accounts are nonrisk assets; increasing the amount a credit union may loan to its directors and committee members without approval of its board of directors; authorizing credit unions to invest in certain bank obligations; and providing other matters properly relating thereto.
Senator Amodei moved that the bill be referred to the Committee on Commerce and Labor.
Motion carried.
By Senator Washington:
Senate Bill No. 40—AN ACT relating to educational personnel; establishing a program for the award of merit pay to teachers; requiring boards of trustees of school districts to adopt rules and policies to carry out the program; making an appropriation; and providing other matters properly relating thereto.
Senator Washington moved that the bill be referred to the Committee on Finance.
Motion carried.
By Senator Washington:
Senate Bill No. 41—AN ACT relating to education; authorizing the parents of certain pupils to choose which public schools the pupils will attend; and providing other matters properly relating thereto.
Senator Washington moved that the bill be referred to the Committee on Human Resources and Facilities.
Motion carried.
By the Senate Committee on Commerce and Labor:
Senate Bill No. 42—AN ACT relating to industrial insurance; revising the provisions regarding those subsequent injuries for which the account of an employer who is insured by the state industrial insurance system will be charged; limiting the subsequent injuries for which workers’ compensation is payable from the subsequent injury fund for self-insured employers and the subsequent injury fund for associations of self-insured public or private employers; repealing the provisions creating and governing a subsequent injury fund for private carriers of industrial insurance; and providing other matters properly relating thereto.
Senator Townsend moved that the bill be referred to the Committee on Commerce and Labor.
Motion carried.
By the Committee on Commerce and Labor:
Senate Bill No. 43—AN ACT relating to industrial insurance; authorizing the commissioner of insurance to suspend the authority of the state industrial insurance system to provide industrial insurance; making certain provisions of the insurance code applicable to the state industrial insurance system; prohibiting the commissioner from applying certain provisions of the insurance code to the state industrial insurance system; exempting certain private carriers of industrial insurance from making an additional deposit of cash or securities with the commissioner of insurance for purposes of transacting industrial insurance in this state; clarifying the regulatory authority of the commissioner of insurance and the administrator of the division of industrial relations of the department of business and industry concerning trade practices of insurers; and providing other matters properly relating thereto.
Senator Townsend moved that the bill be referred to the Committee on Commerce and Labor.
Motion carried.
By the Committee on Commerce and Labor:
Senate Bill No. 44—AN ACT relating to industrial insurance; authorizing certain associations of self-insured private employers to determine the amount of tangible net worth and manual premium that an employer must have to become a member of the association; authorizing certain associations of self-insured private employers to determine the documentation demonstrating solvency that an employer must provide to become a member of the association; specifying that under certain circumstances the addition of an employer to the membership of an association of self-insured private employers is not a change in the information that the association submitted to the commissioner of insurance in its application for certification; and providing other matters properly relating thereto.
Senator Townsend moved that the bill be referred to the Committee on Commerce and Labor.
Motion carried.
By the Committee on Commerce and Labor:
Senate Bill No. 45—AN ACT relating to property; revising the definitions of “junk dealer” and “secondhand dealer” to exclude a person who engages in the business of purchasing or selling junk or secondhand personal property at certain shows or events; and providing other matters properly relating thereto.
Senator Townsend moved that the bill be referred to the Committee on Commerce and Labor.
Motion carried.
By the Committee on Finance:
Senate Bill No. 46—AN ACT relating to public schools; requiring the boards of trustees of school districts to pay increased salaries to teachers who maintain certification by the National Board for Professional Teaching Standards; requiring related information to be included in the annual budget report of each school district; and providing other matters properly relating thereto.
Senator Raggio moved that the bill be referred to the Committee on Finance.
Motion carried.
By the Committee on Finance:
Senate Bill No. 47—AN ACT making an appropriation to the Department of Education for reimbursement of certain costs of public school teachers related to acquiring certification by the National Board for Professional Teaching Standards; and providing other matters properly relating thereto.
Senator Raggio moved that the bill be referred to the Committee on Finance.
Motion carried.
By the Committee on Government Affairs:
Senate Bill No. 48—AN ACT relating to local governments; authorizing an increase in the funds to stabilize the operation of local government for certain school districts; excluding certain money from the limit on transfers from the general fund to the fund to stabilize the operation of local government; and providing other matters properly relating thereto.
Senator O’Connell moved that the bill be referred to the Committee on Government Affairs.
Motion carried.
By the Committee on Human Resources and Facilities:
Senate Bill No. 49—AN ACT relating to education; revising the standards of content and performance required to be adopted by the council to establish academic standards for public schools; and providing other matters properly relating thereto.
Senator Rawson moved that the bill be referred to the Committee on Human Resources and Facilities.
Motion carried.
By the Committee on Human Resources and Facilities:
Senate Bill No. 50—AN ACT relating to educational personnel; authorizing the boards of trustees of school districts to prescribe by regulation or negotiate with respect to the payment of unused sick leave to licensed teachers in the form of the purchase of retirement credit; authorizing the purchase of additional retirement credit for certain licensed teachers; and providing other matters properly relating thereto.
Senator Rawson moved that the bill be referred to the Committee on Human Resources and Facilities.
Motion carried.
By the Committee on Human Resources and Facilities:
Senate Bill No. 51—AN ACT relating to educational personnel; requiring school districts, in determining the salaries of teachers, to give credit under certain circumstances to teachers for previous teaching service earned in another state; requiring the commission on professional standards in education to adopt regulations for approval of the standards for licensing teachers of other states; and providing other matters properly relating thereto.
Senator Rawson moved that the bill be referred to the Committee on Human Resources and Facilities.
Motion carried.
By Senator Mathews:
Senate Bill No. 52—AN ACT relating to cooperative agreements; revising provisions governing cooperative agreements to allow certain transactions by public agencies with Indian tribes; and providing other matters properly relating thereto.
Senator Mathews moved that the bill be referred to the Committee on Government Affairs.
Motion carried.
By the Committee on Commerce and Labor:
Senate Bill No. 53—AN ACT relating to the division of industrial relations of department of business and industry; specifying the information that the administrator of the division can require insurers who provide industrial insurance to provide on claims those insurers process; and providing other matters properly relating thereto.
Senator Townsend moved that the bill be referred to the Committee on Commerce and Labor.
Motion carried.
By the Committee on Commerce and Labor:
Senate Bill No. 54—AN ACT relating to industrial insurance; requiring the administrator of the division of industrial relations of the department of business and industry to provide to the department of taxation certain information upon request; and providing other matters properly relating thereto.
Senator Townsend moved that the bill be referred to the Committee on Commerce and Labor.
Motion carried.
By the Committee on Commerce and Labor:
Senate Bill No. 55—AN ACT relating to industrial insurance; requiring hearing officers, appeals officers and appeals panels to author their own decisions; requiring the senior appeals officer to conduct written evaluations of the appeals officers employed by the hearings division of the department of administration; authorizing a party aggrieved by a decision of an appeals officer to appeal from that decision to an appeals panel; requiring the chief of the hearings division to appoint appeals officers; requiring an appeals officer to have a certain amount of experience practicing law in claims for compensation for industrial injuries before his appointment; requiring the chief of the hearings division to adopt regulations that govern the conduct of hearing and appeals officers; requiring the chief of the hearings division to prescribe by regulation the training, continuing education and standards for performance of appeals officers and compile certain information regarding the performance of appeals officers; and providing other matters properly relating thereto.
Senator Townsend moved that the bill be referred to the Committee on Commerce and Labor.
Motion carried.
By the Committee on Commerce and Labor:
Senate Bill No. 56—AN ACT relating to health insurance; requiring certain policies of health insurance that provide coverage for drugs approved by the Food and Drug Administration for use in the treatment of a medical condition to include coverage for certain other uses of those drugs; providing a penalty; and providing other matters properly relating thereto.
Senator Townsend moved that the bill be referred to the Committee on Commerce and Labor.
Motion carried.
By Senator Wiener:
Senate Bill No. 57—AN ACT relating to prisoners; allowing the director of the department of prisons to assign certain prisoners to a therapeutic community without their consent; revising the provisions governing assignment to and eligibility for participation in a therapeutic community; and providing other matters properly relating thereto.
Senator Wiener moved that the bill be referred to the Committee on Judiciary.
Motion carried.
By the Committee on Human Resources and Facilities:
Senate Bill No. 58—AN ACT relating to education; requiring certain achievement and proficiency examinations to be administered in public schools during the spring semester; making related changes to the dates for submission of reports required for the program of accountability for public schools; and providing other matters properly relating thereto.
Senator Rawson moved that the bill be referred to the Committee on Human Resources and Facilities.
Motion carried.
By the Committee on Human Resources and Facilities:
Senate Bill No. 59—AN ACT relating to education; revising the membership of the commission on professional standards in education; providing for the appointment of new members to the commission; and providing other matters properly relating thereto.
Senator Rawson moved that the bill be referred to the Committee on Human Resources and Facilities.
Motion carried.
By the Committee on Finance:
Senate Bill No. 60—AN ACT making appropriations to certain school districts for the establishment of regional training centers for the professional development of teachers and administrators; making an appropriation to the Legislative Bureau of Educational Accountability and Program Evaluation for an evaluation of the regional training centers; and providing other matters properly relating thereto.
Senator Raggio moved that the bill be referred to the Committee on Finance.
Motion carried.
By the Committee on Judiciary:
Senate Bill No. 61—AN ACT relating to business; providing for the creation of business trusts; making various changes concerning other forms of business organization; revising certain provisions governing sales of real property; providing penalties; and providing other matters properly relating thereto.
Senator James moved that the bill be referred to the Committee on Judiciary.
Motion carried.
By the Committee on Judiciary:
Senate Bill No. 62—AN ACT relating to commercial transactions; revising Article 9 of the Uniform Commercial Code; and providing other matters properly relating thereto.
Senator James moved that the bill be referred to the Committee on Judiciary.
Motion carried.
By the Committee on Judiciary:
Senate Bill No. 63—AN ACT relating to crimes; providing an additional penalty for murder or attempted murder of a person who is 65 years of age or older; and providing other matters properly relating thereto.
Senator James moved that the bill be referred to the Committee on Judiciary.
Motion carried.
By the Committee on Commerce and Labor:
Senate Bill No. 64—AN ACT relating to industrial insurance; requiring the attorney or representative of an injured worker to notify the injured worker of certain information concerning an action for damages for an industrial injury; and providing other matters properly relating thereto.
Senator Townsend moved that the bill be referred to the Committee on Commerce and Labor.
Motion carried.
By Senator Jacobsen:
Senate Bill No. 65—AN ACT relating to motor vehicles; authorizing the department of motor vehicles and public safety to issue placards for the members of volunteer fire departments; and providing other matters properly relating thereto.
Senator Jacobsen moved that the bill be referred to the Committee on Transportation.
Motion carried.
By Senator Jacobsen:
Senate Bill No. 66—AN ACT relating to domestic relations; adding adultery to the list of causes for divorce; adding adultery to the list of factors that a court must consider when determining the best interest of a child in a custody proceeding; and providing other matters properly relating thereto.
Senator Jacobsen moved that the bill be referred to the Committee on Judiciary.
Motion carried.
By Senators Wiener and Titus:
Senate Bill No. 67—AN ACT relating to motor vehicles; authorizing the department of motor vehicles and public safety to design, prepare and issue special license plates upon request; and providing other matters properly relating thereto.
Senator Wiener moved that the bill be referred to the Committee on Transportation.
Motion carried.
By Senator Jacobsen:
Senate Bill No. 68—AN ACT relating to peace officers; reorganizing the peace officers’ standards and training committee in the department of motor vehicles and public safety into the peace officers’ standards and training commission and defining its duties; providing for the appointment of an executive director of the commission and defining his duties; reallocating the distribution of the administrative assessment imposed on persons guilty of a misdemeanor to provide for the support of the commission; and providing other matters properly relating thereto.
Senator Jacobsen moved that the bill be referred to the Committee on Government Affairs.
Motion carried.
By the Committee on Finance:
Senate Bill No. 69—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.
Senator Raggio moved that the bill be referred to the Committee on Judiciary.
Motion carried.
By the Committee on Finance:
Senate Bill No. 70—AN ACT relating to public schools; revising the provisions governing the program of accountability for public schools; making an appropriation to the department of education for remedial programs for certain public schools; and providing other matters properly relating thereto.
Senator Raggio moved that the bill be referred to the Committee on Finance.
Motion carried.
By the Committee on Finance:
Senate Bill No. 71—AN ACT relating to the legislature; requiring the fiscal analysis division of the legislative counsel bureau to prepare a legislative proposal for the budget for the state government; requiring the chief of the budget division of the department of administration to provide certain information to the fiscal analysis division of the legislative counsel bureau; repealing the provision that creates the budget subcommittee of the legislative commission; and providing other matters properly relating thereto.
Senator Raggio moved that the bill be referred to the Committee on the Committee Finance.
Motion carried.
By the Committee on Finance:
Senate Bill No. 72—AN ACT relating to public assistance; clarifying the authority of the welfare division of the department of human resources to establish a system for producing digital images of the fingerprints of applicants for and recipients of public assistance; requiring an applicant for or recipient of public assistance to allow a digital image of his fingerprints to be provided as a condition of receiving assistance under certain circumstances; limiting the use and providing for the confidentiality of information obtained therefrom; and providing other matters properly relating thereto.
Senator Raggio moved that the bill be referred to the Committee on Human Resources and Facilities.
Motion carried.
By the Committee on Finance:
Senate Bill No. 73—AN ACT relating to mental health; allowing a second evaluation requested by a client who is admitted to a mental health facility to be conducted by a physician; and providing other matters properly relating thereto.
Senator Raggio moved that the bill be referred to the Committee on Human Resources and Facilities.
Motion carried.
By the Committee on Finance:
Senate Bill No. 74—AN ACT relating to insurance guarantee associations; excluding certain claims from the definition of “covered claim”; revising the provisions governing the obligation of the Nevada insurance guarantee association to pay a covered claim; revising the provisions that require an insured or claimant under certain policies of insurance to exhaust his rights under the policy; revising the order of distribution of certain claims from the estate of an insurer on liquidation of the insurer; and providing other matters properly relating thereto.
Senator Raggio moved that the bill be referred to the Committee on Commerce and Labor.
Motion carried.
MOTIONS, RESOLUTIONS AND NOTICES
By the Committee on Finance:
Senate Concurrent Resolution No. 2—Urging the Commission on Professional Standards in Education to raise the level of competence that applicants for an initial license to teach are required to demonstrate on competency tests.
Senator Raggio moved that the resolution be referred to the Committee on Human Resources and Facilities.
Motion carried.
By the Committee on Finance:
Senate Concurrent Resolution No. 3—Urging the Board of Regents of the University of Nevada, the Department of Education and the school districts to take certain actions that are necessary to facilitate the sharing of certain information to improve the system of public education in this state.
Senator Raggio moved that the resolution be referred to the Committee on Human Resources and Facilities.
Motion carried.
MESSAGES FROM THE ASSEMBLY
Assembly Chamber, Carson City, February 1, 1999
To the Honorable the Senate:
I have the honor to inform your honorable body that the Assembly on this day passed Senate Bill No. 1.
Also, I have the honor to inform your honorable body that the Assembly on this day adopted Assembly Concurrent Resolution No. 1.
Susan Furlong Reil
Assistant Chief Clerk of the Assembly
MOTIONS, RESOLUTIONS AND NOTICES
Assembly Concurrent Resolution No. 1—Adopting the Joint Rules of the Senate and Assembly for the 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] conference committees on any bill or resolution. A majority of the members of a [committee of] conference committee 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 Chief Clerk . [, 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, set forth 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 , and Ethics before 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 the Secretary of the Senate and in the Assembly by the Chief Clerk of the Assembly, without interruption, consecutively, one following the other, and not upon separate occasions; and no such bill or message shall be referred to any committee, or otherwise acted upon, save as provided by law and custom; that is to say, that immediately following such reading the only question (except as hereinafter stated) which shall be put by the Chair is, “Shall the bill pass, notwithstanding the objections of the Governor?” It shall not be in order, at any time, to vote upon such vetoed bill without the same shall have first been read, from the first word of its title to and including the last word of its final section; and no motion shall be entertained after the Chair has stated the question save a motion for “The previous question,” but the merits of the bill itself may be debated.
ADJOURNMENT
Rule No. 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 Ethics of 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 delivered pursuant 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 any person.
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.
Senator Raggio moved the adoption of the resolution.
Remarks by Senators Raggio, Titus and Neal.
Senator Neal requested that the following remarks be entered in the Journal.
Senator Raggio:
Thank you, Madam President. Assembly Concurrent Resolution No. 1, which you have access to through a copy on your desks, is the resolution to adopt the Joint Standing Rules as proposed for the Seventieth Session of the Legislature. They have been adopted by the Assembly and we need now to adopt them in this House. If there are questions on these rules, I would be happy to try to respond. These rules were pretty much put together by the legislative staff and the interim committee to deal with the proposed Joint Rules for the Seventieth Session. They contain the time limits which have been discussed and which I think everyone understands. There are a number of rules which have not been changed, and there are some with substance which have only minor changes. Rule No. 5 is a new substantive provision which incorporates the desire of the Houses to allow for joint introductions, jointly sponsored by committees or individual legislators. Rule No. 12, for example, is substantive but due to new technology, only changes existing language which talks about audio tapes. Rule No. 14 is the rule dealing with the limitations on requests for drafting of bills and resolutions. This rule limits the number of requests and states that they be made before the eighth calendar day of the session. Committee requests are to be made before the twenty-second calendar day of the session. Rule No. 14.2 adds new time limitations for the introduction of bills. Each legislator will have ten calendar days, after receipt of the introductory copies, or until the forty-third calendar day of the session, whichever is the earlier. No longer will you have bills for introduction held until the last weeks of the session. There are provisions in the resolution for allowing additional time for introduction if revisions are necessary. Rule No. 14.3 adds the final date for action on bills by committees, in either House. All bills and resolutions in the house of origin must be moved out of committee on or before the sixty-eighth calendar day of the session, unless there is a qualification for an exemption pursuant to Rule No. 14.6. That rule deals with reference to the house money committees. There is a further provision that bills and resolutions in the house of origin must be moved out of the House on or before the seventy-eighth calendar day of the session unless they also qualify for an exemption. The exemptions of sending them to a money committee of either House are defined in here. It is going to be more difficult to do that. All bills and resolutions in the second house, that are passed, must be moved out of the House on or before the one hundred and tenth calendar day of the session. That is ten days before the constitutional end of the session limit. Requests for conference committee reports have to be submitted to the Legislative Counsel on or before the one hundred and eighteenth legislative day of the session. Rule No. 14.4 adds the provision for emergency requests. In each House, the Majority Leader and the Speaker have the right to submit five emergency requests. Minority leaders in each House can submit three emergency requests. There are some specifications for that and the bill will contain that legend and will be so indicated. Rule No. 14.5 adds a provision authorizing waivers. There was a great deal of discussion, I might add, in the interim concerning emergency requests and waivers. These were the final decisions which were agreed to by the various committee members who were concerned with this. Incidentally, these are joint waivers and must be signed by both the leaders in each House. Rule No. 14.6 is the section dealing with exemptions for money bills, budgets, appropriations, authorizations and bills which qualify for hearings or actions by the money committees. These are necessary because we do not get the final report from the economic forum until May 1. The committees are unable to finally process budget bills or bills affecting the budget. Rule No. 14.7 prohibits the Legislative Counsel from honoring a request for the drafting of an amendment if the subject matter of the amendment relates only to the general, single subject that is expressed in the title of the bill or resolution to be amended and not to the specific whole subject matter embraced in the bill or resolution. That is a new substantive revision. You are going to need to have a more specific requirement that it be germane to the bill. It is going to do away with the situation where you could take any type of bill and drive a new bill draft under it. Most of these changes were the result of extensive discussions during the interim and with the staff of the Legal Division. Many of these follow rules and requirements that are in place in other jurisdictions. There are some thirty-six jurisdictions that have similar limited legislative limits. Through trial and error and experience, they have determined that these kinds of rules and regulations are necessary. These rules have been adopted by the Assembly and now come to this house for concurrence.
Senator Titus:
Thank you, Madam President. I rise in support of these new rules. As our esteemed President said earlier, today is truly an historic occasion. It marks the beginning of the last session of the millennium and also the beginning of the first session which we have to finish within 120 days. Both of these present us with great challenges and great opportunity. In order to meet them, and perhaps overcome them, we have to adopt a whole new set of rules. As we operate under these rules though, I would admonish you to remember two things. I think as we move forward, we first have to remember that even though we are limited in time, we should not rush through the business of the people. We need to always ask the important questions. We need to always give citizens the opportunity to be heard, and we need to always carefully consider the potential consequences of any actions that we take.
The second thing that I would remind us to do is to work together under these new rules, putting party and region aside, for the benefit of all of the people of the State of Nevada. These new rules have been criticized in the press for consolidating power with just a few people. Indeed, it seems that might be the case, but I’m optimistic that if we work together we can make the rules work for us and not against us. So, I would call on the esteemed Majority Leader and ask him to use his power fairly, to work with us sharing his power of waiver and exception, for example, so that, in case important issues do arise, either across the aisle or down the state, we can work together. If we remember these two rules of thumb, not to short circuit the business of this legislature and the critical aspects of the process, and to work together for all of Nevada, I think we can have a successful session and move Nevada forward into the new millennium.
Senator Neal:
Thank you, Madam President. Just a few remarks to point out a few concerns of mine and to follow on with what the Minority Leader has indicated. As we look at the emergency request found on page 12, beginning at line 5, it doesn’t take us long to calculate that 12 of those requests reside in the hands of Northern individuals and only 2 of those requests would be in the hands of one person from Clark County. In case we should have emergencies that would necessarily call upon this Legislature to act, since we can’t anticipate what these might be or what the number of these requests might be in the waning days of the session, I too would like to make sure that we call upon those individuals whom we are now allowing to grant these emergency requests to be sure that those of us who come from the largest and fastest growing area of the state, be able to acknowledge the emergency that might arise as a result of the growth that we are having in southern Nevada. I only want to make sure we have the understanding that once we grant these requests in the hands of those individuals, they would acknowledge the fact that if we do have those problems, since the majority of us come from Clark County, that they would be acknowledged and take care of them
Senator Raggio:
Thank you, Madam President. I assume that the two Senators who previously spoke need some assurance, and I am happy to give that to them. These rules were not drafted on a sectional basis or on a partisan basis. These are rules that are going to be in place for many sessions to come. I would say to the distinguished Minority Leader that her hopes are based upon the same hopes that we have on this side of the aisle. It is a two-way street. In a shorter session, it is going to be more necessary that petty differences be put aside and not raised on important issues. There are very few issues in this Legislature that are sectional or partisan. There is no need to make each and every issue of that nature. Each party is represented in this House and have representatives from each part of this State. I think we are all mindful that this Legislature doesn’t represent any county. We have county commissions for that purpose. People here are elected from a district, and we are elected to do the people’s work for the whole of the State. I think that is what the constitution of our State intended. You have my assurance, but that does not mean that each and every request will be honored. You do, however, have a fair shot at making a case. The rules were designed to limit that. We are trying not to abuse these rules. Working together to understand them. If there are any questions, come in and see me. I think our fears are a little preliminary. I think we all have a challenge to do what the people of this State asked us to do which is to work together for the betterment of this entire State; to not raise these kind of divisive issues unless they are absolutely necessary and imperative. Historically, that has never served a good purpose here. I would urge everyone to keep those little differences aside until they are absolutely necessary and imperative. We can do a lot here in 120 days. We might even surprise ourselves and get out earlier. And we may find in the course of this, that adjustments might have to be made for the next and successive sessions. This is subject to change. We can always change with concurrence in both Houses. This is a new experiment. All the effort that has gone into this has been productive. It has been with the thought that we can be cost effective and efficient and mindful of the business of the people. I am in agreement with the Minority Leader on that. My committees’ chairs have been instructed to make sure that there is adequate opportunity, on all the issues that come before this Legislature, for the people to express their concerns. We may have to adjust our lifestyles by having more evening meetings. There will be long agendas so be prepared to work hard so that you can enjoy June with your families. I am looking forward to a productive and pleasant 120 days with the people of this State saying what a great job we did. If you have a problem, come and see me.
I want to welcome the new Senators we have here with us this session, Senators Amodei, Carlton and Care, and invite them to participate on the same level as the rest of us. You may be freshmen, but your vote is just as important as ours.
Resolution adopted.
Madam President announced that the following standing committees had been appointed, first-named Senator being chairman and the second-named Senator being vice-chairman.
COMMERCE AND LABOR—
Townsend, O’Connell, Rhoads, Amodei, Shaffer, Schneider, Carlton.
FINANCE—
Raggio, Rawson, Jacobsen, O’Donnell, Neal, Coffin, Mathews.
GOVERNMENT AFFAIRS—
O’Connell, Raggio, O’Donnell, Porter, Neal, Titus, Care.
HUMAN RESOURCES AND FACILITIES—
Rawson, Washington, Townsend, Amodei, Mathews, Schneider, Wiener.
JUDICIARY—
James, Porter, McGinness, Washington, Titus, Wiener, Care.
LEGISLATIVE AFFAIRS AND OPERATIONS—
Porter, James, Raggio, Rawson, Titus, Mathews, Carlton.
NATURAL RESOURCES—
Rhoads, Jacobsen, McGinness, James, Shaffer, Coffin, Carlton.
TAXATION—
McGinness, Rhoads, Townsend, O’Connell, Neal, Coffin, Schneider.
TRANSPORTATION—
O’Donnell, Amodei, Jacobsen, Washington, Shaffer, Wiener, Care.
REMARKS FROM THE FLOOR
President Hunt requested that her remarks be entered in the Journal.
Senator Raggio, before we proceed with further business, we have a special message for you from your daughter, Leslie. She has asked the Secretary to read it on her behalf since she is unable to be with you today. I must say, that it is a lovely message and most certainly, is a fitting tribute to you. Therefore, I request that Leslie Raggio Righetti’s letter, to her father, be entered in the Journal for this legislative day.
As I sit here, perched in your elegant office, watching the comings and goings of Nevada politics, amidst the numerous artifacts and multitudinous memorabilia of a full and rich career, studying the work “In Search of Lost Time” by Marcel Proust, whose message is not to delay the appreciation of life until the advent of a cataclysmic event is announced, I am overwhelmed by my sense of pride and affection for you—for the father you have been to me and the outstanding legacy you are providing me and my family—your son-in-law and your four grandchildren—who love and respect you very much. It is in your endless and tireless devotion to your sense of love, service and duty that you’ve been able to accomplish all that you’ve done throughout your distinguished career as evidenced by your gallery of photos, both here and in your home and office in Reno.
As another era in your career in Nevada politics begins, I’m sure it will be filled with many more accomplishments and events, to be evidenced by more photographs on your already cluttered walls. Enjoy this new era Dad, for you have much to contribute. And know that, even if no one is sitting at your side today, I am definitely there by your side as I’ve always been—and so is Mom. There is no place that she would rather be than by your side the opening day of the 1999 Legislative Session.
I applaud you for the person you are, and wish you much success in the upcoming session—which must complete itself within 120 days for two very important reasons. No. 1—it is mandated by law, and No. 2—your first grandchild’s high school graduation is scheduled for June 6th and we expect you there. NO EXCUSES! A word of advice to your fellow workers—to ensure finishing within the 120 day time frame, “keep the microphone away from my Dad!!”
As always, I am so very proud to be your daughter.
A word of advice—try wasting a little more time. Marcel Proust and I both know you are entitled to this luxury.
Thinking of you on this day especially, and always…
With my love,
Leslie
GUESTS EXTENDED PRIVILEGE OF SENATE FLOOR
On request of Senator Amodei, the privilege of the floor of the Senate Chamber for this day was extended to Michelle Amodei, Don Amodei, Joy Amodei, Erin Amodei, Ryanne Amodei and Brian Welch.
On request of Senator Care, the privilege of the floor of the Senate Chamber for this day was extended to Jenny Care, Diana Care, Carolee Care, John Care, Barbara Simon, Gerald Simon, Millie Hitson, Lt. Colonel Jon Morrow, Marissa Morrow, Victor Morrow, Daryl Care, Bill Miner, Laurie Hopkins, Ken Nesser, Priscilla Hopkins, Conrad Hopkins and Mandy Hopkins.
On request of Senator Carlton, the privilege of the floor of the Senate Chamber for this day was extended to Merritt Carlton, Gracie Carlton, Lucy Carlton, Glen Arnodo, Michael Murphy, Brigid Amoroso, Paul Ascay and Jim Arnold.
On request of Senator Coffin, the privilege of the floor of the Senate Chamber for this day was extended to Mary Hausch, Walter Coffin and Anna Maria Coffin.
On request of Senator James, the privilege of the floor of the Senate Chamber for this day was extended to Lori James, Anne James, John James, Lois James and Ted Hendricks.
On request of Senator Jacobsen, the privilege of the floor of the Senate Chamber for this day was extended to Betty Jacobsen, Beverly Willard, Jennifer Lockwood and Paul Lockwood.
On request of Senator Mathews, the privilege of the floor of the Senate Chamber for this day was extended to Gayle Povlsen and Aileen Martin.
On request of Senator McGinness, the privilege of the floor of the Senate Chamber for this day was extended to Dee McGinness, Jane Ridge, Lowell Ridge, Shirley Walker and Rachel Dahl.
On request of Senator O’Donnell, the privilege of the floor of the Senate Chamber for this day was extended to Mary O’Donnell, Colleen O’Donnell and Kyle O’Donnell.
On request of Senator Porter, the privilege of the floor of the Senate Chamber for this day was extended to Bette Porter, Kent Porter, Joe Esquivel, Chris Porter, Nicole Porter, Laurie Porter, Kent Longley and Mary Longley.
On request of Senator Raggio, the privilege of the floor of the Senate Chamber for this day was extended to Tracey Raggio Woodring, Sommer Fernandes, Dorothy Souza, Gene Sullivan, Christine Mueller and Jane Welsh.
On request of Senator Rawson, the privilege of the floor of the Senate Chamber for this day was extended to Linda Rawson and Linda Chapman.
On request of Senator Rhoads, the privilege of the floor of the Senate Chamber for this day was extended to Sharon Rhoads.
On request of Senator Schneider, the privilege of the floor of the Senate Chamber for this day was extended to Mrs. Candy Schneider and Rick Loop.
On request of Senator Shaffer, the privilege of the floor of the Senate Chamber for this day was extended to Sharon Shaffer and Sandy Arraiz.
On request of Senator Titus, the privilege of the floor of the Senate Chamber for this day was extended to Stan Hunterton, Angel Robinson and Jodi Curry.
On request of Senator Townsend, the privilege of the floor of the Senate Chamber for this day was extended to Shari Asay and former Senator Jack Vergiels.
On request of Senator Washington, the privilege of the floor of the Senate Chamber for this day was extended to Donna Washington, Marion Washington, Farian Billing, Jennifer Tutt and Michelle Washington.
On request of Senator Wiener, the privilege of the floor of the Senate Chamber for this day was extended to Gina Polovina and Idora Silver.
On request of President Hunt, the privilege of the floor of the Senate Chamber for this day was extended to Charles “Blackie” Hunt, Rennie Schreiber, Jan Hunt, Judy Cox, Andrea Reitan and Pat Phillips.
Senator Raggio moved that the Senate adjourn until Tuesday, February 2, 1999 at 11 a.m., and that it do so in memory of former Senator Jack Regan.
Motion carried.
Senate adjourned at 4:06 p.m.
Approved: Lorraine T. Hunt
President of the Senate
Attest: Janice L. Thomas