Journal
of the
Assembly of the State
of Nevada
SEVENTY-FIRST SESSION
THE FIRST DAY
Carson City (Monday), February 5, 2001
Pursuant to the provisions of the Constitution and Statutes, the Assembly was called to order by Secretary of State Dean Heller at 12 noon.
Musical rendition by the Basic High School Madrigal Choir, under the direction of Miss Holly Peterson.
Prayer by the Chaplain, Bishop Robert Campbell of the Church of Jesus Christ of Latter Day Saints, Henderson, Nevada.
Father in Heaven, we come before Thee on this historic occasion, with humility in our hearts for the opportunity we have of living in this great country. This country, which allows us to vote for those who we want to lead us, vote for those who we feel best represent our point of view. Father we ask that thy spirit might dwell, at all times, in the meetings that are held by this Assembly. That each and every member might be touched by Thy spirit, that minds might be clear, that hearts might be softened and compromise might be a way of life. We pray that Thy spirit will be here at all times. In this we do in the name of Thy son, Jesus Christ.
Amen
Presentation of the Colors by the Color Guard of the Henderson Police Department Honor Guard.
Pledge of allegiance to the Flag.
Special musical rendition by the Basic High School Madrigal Choir, under the direction of Miss Holly Peterson.
Mr. Secretary of State requested Ms. Jacqueline Sneddon to serve as temporary Chief Clerk of the Assembly.
Mr. Secretary of State requested that the Chief Clerk call the roll of the 42 Assemblymen-elect.
Roll called.
Present: Assemblymen Anderson, Angle, Arberry, Bache, Beers, Berman, Brower, Brown, Buckley, Carpenter, Cegavske, Chowning, Claborn, Collins, de Braga, Dini, Freeman, Gibbons, Giunchigliani, Goldwater, Gustavson, Hettrick, Humke, Koivisto, Lee, Leslie, Manendo, Marvel, McClain, Mortenson, Neighbors, Nolan, Oceguera, Parks, Parnell, Perkins, Price, Smith, Tiffany, Von Tobel and Williams.
Excused: Assemblywoman Ohrenschall
Mr. Secretary of State appointed Assemblymen Giunchigliani, Price, Anderson, Bache, Buckley, Dini, Freeman, Perkins, Beers, Brower, Hettrick and Von Tobel as a temporary Committee on Elections, Procedures, and Ethics.
Assembly in recess at 12:22 p.m.
ASSEMBLY IN SESSION
At 1:01 p.m.
Mr. Secretary of State presiding.
Quorum present.
REPORTS OF COMMITTEES
Mr. Secretary of State:
Your temporary Committee on Elections, Procedures, and Ethics has had the credentials of the respective Assemblymen-elect under consideration, and begs leave to report that the following persons have been and are duly elected and qualified members of the Assembly of the 71st Session of the Legislature of the State of Nevada: Assemblymen Anderson, Angle, Arberry, Bache, Beers, Berman, Brower, Brown, Buckley, Carpenter, Cegavske, Chowning, Claborn, Collins, de Braga, Dini, Freeman, Gibbons, Giunchigliani, Goldwater, Gustavson, Hettrick, Humke, Koivisto, Lee, Leslie, Manendo, Marvel, McClain, Mortenson, Neighbors, Nolan, Oceguera, Ohrenschall, Parks, Parnell, Perkins, Price, Smith, Tiffany, Von Tobel and Williams.
Chris Giunchigliani, Chairman
MOTIONS, RESOLUTIONS AND NOTICES
Assemblywoman Giunchigliani moved the adoption of the report.
Motion carried unanimously.
Mr. Secretary of State appointed as a committee Assemblywoman Chowning and Assemblyman Brower to escort Chief Justice A. William Maupin of the Supreme Court of the State of Nevada to the rostrum to administer the oaths of office to the Assemblymen.
Chief Justice Maupin administered the oaths of office to the Assemblymen.
Mr. Secretary of State requested the temporary Chief Clerk call the roll of those Assemblymen for whom Certificates of Election had been issued.
Roll called.
Present: Assemblymen Anderson, Angle, Arberry, Bache, Beers, Berman, Brower, Brown, Buckley, Carpenter, Cegavske, Chowning, Claborn, Collins, de Braga, Dini, Freeman, Gibbons, Giunchigliani, Goldwater, Gustavson, Hettrick, Humke, Koivisto, Lee, Leslie, Manendo, Marvel, McClain, Mortenson, Neighbors, Nolan, Oceguera, Parks, Parnell, Perkins, Price, Smith, Tiffany, Von Tobel and Williams.
Excused: Assemblywoman Ohrenschall.
Assemblyman Collins moved that Chief Justice Maupin be given a unanimous vote of thanks for administering the oath.
Motion carried unanimously.
The appointed committee escorted the Chief Justice of the Supreme Court to the bar of the Assembly.
Mr. Secretary of State announced that there would be no temporary organization of the Assembly, and that all nominations were in order for permanent appointment.
Mr. Secretary of State declared that nominations were in order for Speaker.
Assemblywoman Buckley nominated Assemblyman Perkins for Speaker.
Assemblyman Dini seconded the motion.
Remarks by Assemblymen Buckley and Dini.
Assemblywoman Buckley requested that the following remarks be entered in the Journal.
Assemblywoman Buckley:
Mr. Secretary of State, I move that Assemblyman Richard D. Perkins be Speaker of the Assembly.
As the 71st Nevada Legislature begins in this new millennium, we face important issues. How do we improve our schools so our children and grandchildren have the same or better opportunities than we did? How do we help all people to have access to health insurance and prescription drugs? How do we ensure that Nevada is a healthy, safe place to live? To find answers to these and the many other issues facing our state, we count on our elected representatives to provide leadership and vision. Rich Perkins is one of those leaders.
My colleague is bright, caring, compassionate, and hard-working. In his five terms in the Nevada Legislature, my colleague from Henderson has sponsored legislation to improve the lives of Nevadans in education, consumer protection, and public safety. He sees ways to help our state and puts his thoughts into action. In politics today, we see many dividers—my colleague is a bridge-builder, between both parties, both houses, and all people.
My colleague’s thoughtfulness will serve us well this 71st Session. When people express concern about speakership moving south, my colleague is quick to point out that he will be Speaker of the Nevada Assembly, not the “Clark County Assembly.” He believes pitting one part of the state against the other hurts our efforts to improve the whole state.
We are grateful to Speaker Joseph E. Dini, Jr., from Yerington, Nevada, for so many things. His length of service, his work ethic, and his leadership in our state will always be legendary. But unlike many, our Speaker from Yerington also believes in mentoring young leaders and giving them opportunities. He gave my colleague from Henderson the opportunity to become Majority Floor Leader in 1995 and the opportunity to become Speaker. The reason for his selection is clear to all who know Richard Perkins and have the honor to serve with him. It is for these reasons that I nominate Richard D. Perkins to be Speaker of the Assembly.
Assemblyman Dini:
Thank you, Secretary of State Heller. It is my pleasure to second Assemblywoman Buckley’s nomination of Richard Perkins of Henderson for the position of Speaker of the 71st Session of the Nevada State Assembly.
Richard is a long-time officer in the Henderson Police Department. Just as he has worked into positions of leadership there, where today he serves as Deputy Chief, so too has he earned positions of leadership here in the Assembly where most recently he served as Majority Floor Leader.
I remember vividly first meeting Richard in 1992 when he was a candidate for the State Assembly. He stopped into the club and we spoke. I was impressed with his enthusiasm and how he carried himself. I was still more impressed with his familiarity with the issues and his desire to tackle them—to make a difference. I believe in first impressions. I saw he was a combination of Jack Jeffrey and Hal Smith, two of the best representatives that I served with from Henderson.
In the years since then I have seen first-hand how Richard became a viable part of my leadership team here in the Assembly. I have seen how he works with his fellow leaders from all parts of the state and from both political persuasions here in this chamber. As importantly, I have watched how he works with his fellow lawmakers and how he builds consensus. In these many contacts Rich has demonstrated a “feel” for leadership that will serve this Assembly well.
A moment ago, I mentioned how Richard became part of this house’s leadership team. In seconding him for Speaker, I am pleased to note Richard has assembled a solid leadership team with the ability to do an outstanding job this session.
That is a good thing. There is no shortage of challenges that we will face this session, each and every one of us entrusted with the title of assemblyman or assemblywoman. Our mission is not merely to scratch the surface, but to get to the core of the issue. Doing so will demand our attention and be enhanced by a Speaker who himself has rolled up his sleeves and learned the ropes.
Albert Pike spoke many years ago, and as a word of advice to Richard, I would say, quoting Pike:
“Be faithful to your friends; for true friendship is of a nature not only to survive through all the vicissitudes of life, but to continue through an endless duration. Be faithful to your country, and prefer its dignity and honor to any degree of popularity and honor for yourself. Be faithful to the best interest of mankind.”
Historically, this Assembly has been known as the People’s House. Since I was first elected to serve here in 1966 it has been that way. This year the Assembly will indeed be the House of the People.
Rich is a people person. Knowing a little about the challenges ahead of him, I believe his people skills will serve him well, along with his sense of fairness, commitment to hard work and dedication to Nevada. I am as proud of you as I would be if you were my own son.
Thank you, Terri Jo, for sharing him with us in this important assignment before him.
It gives me great pleasure to second the nomination of Richard Perkins for the position of Speaker of the 71st Session of the Nevada Legislature.
Assemblyman Anderson moved that nominations be closed.
Motion carried unanimously.
Mr. Secretary of State declared Assemblyman Perkins to be Speaker of the Assembly.
Mr. Secretary of State appointed Assemblyman Goldwater and Assemblyman de Braga as a committee to escort the Speaker to the rostrum.
Mr. Speaker presiding.
Assemblywoman Leslie moved that Secretary of State Heller be given a unanimous vote of thanks for his services to the Assembly.
Motion carried unanimously.
Mr. Speaker appointed Assemblyman Neighbors and Assemblywoman Cegavske as a committee to escort the Secretary of State to the bar of the Assembly.
The appointed committee escorted Secretary of State Heller to the bar of the Assembly.
Remarks by Mr. Speaker.
Assemblywoman Buckley requested that the following remarks be entered in the Journal.
Mr. Speaker:
Speaker Dini, Majority Floor Leader Buckley, Minority Floor Leader Hettrick, members of the Nevada Assembly, legislative staff, my dear family, friends and guests.
As we begin our journey through another session of the Nevada Legislature, I want to congratulate my veteran colleagues for again earning the public’s confidence and for again having been bestowed the awesome responsibility of working for the people of Nevada.
I would also like to welcome to “the people’s house” three new members—Debbie Smith, John Oceguera and David Brown. Will you please stand. Today the three of you may be wondering how you got here—but be assured that by the time we adjourn, you’ll be wondering how all of the rest of us got here! We welcome you and look forward to working with you. Thank you for your service.
Before we start anew, there is cause for reflection. We are no doubt a diminished House due to the loss of our moral compass, a person who never gave up on helping those who needed it most. Indeed, Jan Evans was a rare public servant—a special kind of legislator who refused to bow to the political pressure of the moment. Instead, her vision and purpose often provided the guidance to get us through some trying times. Let’s please take a moment to reflect on and honor our friend, our conscience, Jan Evans. Thank you.
Before I continue I’m going to ask my family to stand, and ask that you extend to them the privilege of the floor. As I introduce them, I would ask that they stand. At my desk I have my mother-in-law, Irene; my mother, Shirley; my wife, Terri; and our oldest daughter, Nicole. In the gallery is my father-in-law, Bob Campbell, who offered us our opening prayer; my sister-in-law, Dawn; my sister, Cheryl; my brother-in-law, Dennis; little Ricki Jo; my nephew, Chad; my father, Ken; my sister, Danielle and her husband, Rhett; my nieces, Crystal and Jessica; and my daughters, Ashley and Stephanie. Please welcome them. I would also like to ask the Henderson Police Department Color Guard to stand again and let us offer our thanks to them once more.
Other than my wife, my parents and my children, few if any had the impact on my life that a man from the small town of Yerington has had. I’ve had mentors in the police department and people in Henderson whom I have used as role models, but no one has affected my life the way Joe Dini has. I am a better husband, father and friend because I have Joe in my life.
From a political standpoint, I’ve had the good fortune to have learned at the foot of the master. The political guidance he has given me has been invaluable and I hope that, given the chance, I can impart to you the thoroughness, fairness and compassion of the man who is largely responsible for everything Nevada has achieved in the past 35 years.
It is also befitting that we complete the succession of the speakership under Joe’s careful watch. I’ve probably already made a mistake or two today, but I take comfort in knowing Joe will be there to help. That is exactly what I expect him to do—be there with me every step of the way. Besides, I’ve always wanted an Italian consigliere. Joe is a living Nevada legend and I ask that you all rise and give unanimous consent to recognize him as Speaker Emeritus of the Nevada Assembly. Joe, thank you for everything you have done for Nevada.
Creating the Speaker Emeritus is merely one indication of a new generation of leadership in Nevada. For the first time in our state’s history, we have a female majority floor leader and an African-American Speaker pro Tempore. Our leadership looks more like Nevada than ever before and, needless to say, I am very proud of this leadership team and the collective potential.
I reach out to our Republican friends on the other side of the aisle and ask that we engage in spirited debate that centers on intellectually honest arguments. It is not just our right, but our duty to question our government in this state and in this country. The people who elected us demand no less. More importantly, the public wants us to challenge each other, not destroy each other. Fortunately, Nevada has been a place where people have agreed to disagree, without allowing differences to forge divisions. But I fear more and more partisanship from both sides is creeping into our legislative process. So I ask you to join me in rejecting it—it does not belong here and it should not prevail.
Additionally, in an effort to rid ourselves of unnecessary partisan bickering, I will ask Minority Floor Leader Hettrick to join in establishing formal meetings of Republican and Democrat leadership that will enable us to better understand one another and to focus our attention on agreement—instead of animosity.
As Speaker of this great institution, I look forward to favorably resolving many challenges that confront us—redistricting, our energy crisis, and in a tight budget year, providing for our senior citizens and for those who are less fortunate.
Let us never ascend to arrogance, but always remain humble public servants. Let us always remember the real people behind each of our decisions. These are real people with real needs. Let us always remember why we are here.
Ensuring that the students in our public education system receive every possible opportunity for success is what I desire most. Everyone knows the shocking statistics regarding the condition of our education system—simply repeating them does no public good. Striving to change those rankings is precisely what I intend to do. I will ask no more of you than I ask of myself when it comes to helping our educators, our administrators and our school children.
As a reminder, I would like to introduce a new legislative standard upon which our work should be judged. A mantra, if you will, to remind us why we’re here. You will hear me say it over and over again so we can avoid the worst law there is—the law of mediocrity. Especially when we think of children, we must ask ourselves—did we do the very best we could? Did we do the very best we could for our children?
When we’re finished with the people’s business in early June, we must answer this overriding question only one way. Yes, we argued; yes we disagreed; yes, we compromised; yes, we sacrified; and yes, we did the very best we could.
Let’s go to work.
Thank you and God bless.
Mr. Speaker declared that nominations were in order for Speaker pro Tempore.
Assemblyman Arberry nominated Assemblyman Williams for Speaker pro Tempore.
Remarks by Assemblyman Arberry.
Assemblyman Parks moved that nominations be closed.
Motion carried unanimously.
Mr. Speaker declared Assemblyman Williams to be Speaker pro Tempore of the Assembly.
Mr. Speaker declared that nominations were in order for Chief Clerk.
Assemblywoman Buckley nominated Ms. Jacqueline Sneddon to be Chief Clerk.
Assemblyman Hettrick moved that nominations be closed.
Motion carried unanimously.
Mr. Speaker declared Ms. Jacqueline Sneddon to be Chief Clerk of the Assembly.
Mr. Speaker appointed Assemblymen Giunchigliani, Manendo and Carpenter as a committee to inform the Senate that the Assembly was organized and ready for business.
Mr. Speaker appointed Assemblymen Buckley, Freeman and Marvel as a committee to inform the Governor that the Assembly was organized and ready for business.
Mr. Speaker announced that if there were no objections, the Assembly would recess subject to the call of the Chair.
Assembly in recess at 1:55 p.m.
ASSEMBLY IN SESSION
At 1:56 p.m.
Mr. Speaker presiding.
Quorum present.
A committee from the Senate composed of Senators McGuinness, Rhodes and Weiner appeared before the bar of the Assembly and announced that the Senate was organized and ready for business.
MOTIONS, RESOLUTIONS AND NOTICES
Assemblywoman Buckley reported that her committee had informed the Governor that the Assembly was organized and ready for business.
Assemblywoman Giunchigliani reported that her committee had informed the Senate that the Assembly was organized and ready for business.
Assemblywoman Buckley moved that persons as set forth on the Nevada Legislature’s Press Accreditation List of February 5, 2001 be accepted as accredited press representatives, that they be assigned space at the press table in the Assembly chambers, that they be allowed use of appropriate broadcasting facilities, and the list be included in this day’s journal:
Associated press: Siobhan McDonough, Brendan Riley, John Wilkerson; Boulder City News: Chuck Baker; CAPITOL NEWS SERVICE: Johnathan L. Wright; Citadel Communications: Adriana Diaz; David Marz; Comstock Chronicle/Cable News Service: Travis T. Hipp; Cox Communications: Steve Schorr; Donrey Capital Bureau: Ed Vogel; Sean Whaley; Electric Nevada & Electric America: Daniel Joseph, Tiffany Van der Stokker; Fernley Leader/Courier: Betty Aleck, Laura Tennant; Fox 5: Michael Baldwin; Gaming Today: Chuck DiRocco; High Desert Advocate: Howard Copelan; KKOH: Kelly McAllister; KLAS-TV: Eric Sorenson, George Knapp; KLVX-TV and KNPB-TV: Bonnie Maclean, Ethan Salter, Jack Kelly, John Kirk, Michelle Stander, Mike Garafolo, Mitch Fox, Rosemary McCarthy; KOLO-TV: Karl Baker, Bruce Bolf, Brent Boynton, Jean Casarez, Beryl Chong, Jenee Conway, Mark Cronon, Ande Engleman Beth Ford, Timothy Ill, Jeff Jones, Justin Kanno, Jodee Kenney, Darrell McComb, Edward Pearce, Terri Russell, Erin Scheuerman, Henry Wofford; KRNV-TV: Hayley Herst, Wade Barnett, Ben Barnholdt, Kausic Bhakta, Victoria Campbell, Jeneene Chatowsky, Tina Cox, Karen Cuninghame, Jeff Deitch, Bill Frankmore, Matt Guccini, Joe Hart, Sarah Johns, Malayna Kerton; John Killoran; Renee Phillips; Aaron Rothkopf; Eduardo Rubio; Shelby Sheehan; Julie Simon, Mike Taylor, James Walker, Richard Worsley, Debbie Worthen, Jana Wyld, John Zuchelli; KTVN-TV: Josh Brackett, Kerrie Cassani, Sherrie Cerutti, Angeline Chew, John Chrystal, Wendy Damonte, Chad Gasper, Jessie Harris, Kirsten Joyce, Gina Martini, John Mercer, Jobe Pilarim, Tony Shin, Brian Hickey; Las Vegas Review-Journal: Amy Bennett, Kevin Cannon, John Edwards, John Gurzinski, Don Ham, Mary Hynes, Jim Laurie, Thomas Mitchell, Jan Moller, Craig Moran, Jane Ann Morrison, Jeff Scheid, Steve Sebelius, John Smith, Gary Thompson, Charles Zobell; Las Vegas Sun: Jeff German, Warren Johnston, Erin Neff, Jace Radke, Cy Ryan, Susan Snyder; Lincoln County Record: Shelly Hartman, Connie Simkins; Lotus Broadcasting: Andrew Kolb; Lovelock Review-Miner/Nevada Rancher: Gwen Carter; Mason Valley News: Robert Perea, David Sanford, Keith Trout; Nevada Appeal: Geoff Dornan; RENO GAZETTE JOURNAL: Tim Anderson, Andy Barron, Jennifer Crowe, Tonia Cunning, Jeff Delong, Jeff Donaldson, Bill O’Driscoll, Tim Dunn, Cory Farley, Ray Hagar, Janice Hoke, Sevil Hunter, Mark Lundahl, Elizabeth Margerum, Frank Mullen, Marilyn Newton, David Parker, Scott Sady, John Smetana, Steve Smith, Steve Timko, Lisa Tolda, Candice Towell, Susan Voyles; RENO NEWS AND REVIEW: Adrienne Rice, Brian D. Burghart, Carli Cutchin, Deidre Pike, Jimmy Boegle, Kelly Lang, William Puchert; Senior Spectrum Newspapers: Chris McMullen; Connie McMullen; Sierra Nevada Community AccesS-TV: Don Alexander, Chris Jensen, John Ponzo, Earl Spriggs; SPARKS TRIBUNE: Andrew Barbano; TASPAC NEWS: Donna Andres, Peter Hutchinson; The Humboldt Sun: Dave Woodson; We the People: Shayne Del Cohen.
Mr. Speaker announced the following standing committees, the first-named member of each committee being the chairman, the second-named being the vice-chairman:
COMMERCE AND LABOR—
Dini, Buckley, Arberry, Giunchigliani, Goldwater, Leslie, Oceguera, Parks, Perkins, Beers, Gibbons, Hettrick, Humke, Nolan.
CONSTITUTIONAL AMENDMENTS—
Price, Mortenson, McClain, Oceguera, Parks, Berman, Brower, Gustavson.
EDUCATION—
Williams, Parnell, Chowning, Collins, de Braga, Koivisto, Manendo, Smith, Angle, Cegavske, Gustavson, Von Tobel.
ELECTIONS, PROCEDURES, AND ETHICS—
Giunchigliani, Price, Anderson, Bache, Buckley, Dini, Freeman, Perkins, Beers, Brower, Hettrick, Von Tobel.
GOVERNMENT AFFAIRS—
Bache, Lee, Freeman, Mortenson, Neighbors, Parnell, Price, Smith, Williams, Berman, Brown, Gibbons, Humke, Von Tobel.
HEALTH AND HUMAN SERVICES—
Koivisto, McClain, Freeman, Leslie, Manendo, Parnell, Smith, Williams, Angle, Berman, Gibbons, Tiffany.
JUDICIARY—
Anderson, Manendo, Buckley, Claborn, Collins, Koivisto, McClain, Oceguera, Ohrenschall, Angle, Brower, Carpenter, Gustavson, Nolan.
NATURAL RESOURCES, AGRICULTURE, AND MINING—
de Braga, Collins, Bache, Claborn, Lee, Mortenson, Neighbors, Ohrenschall, Brown, Carpenter, Humke, Marvel.
TAXATION—
Goldwater, Neighbors, Anderson, Arberry, Freeman, Mortenson, Parks, Price, Brower, Brown, Marvel, Tiffany.
TRANSPORTATION—
Chowning, Ohrenschall, Claborn, Collins, Lee, McClain, Oceguera, Smith, Carpenter, Cegavske, Gustavson, Nolan.
WAYS AND MEANS—
Arberry, Giunchigliani, Chowning, de Braga, Dini, Goldwater, Leslie, Parks, Perkins, Beers, Cegavske, Hettrick, Marvel, Tiffany.
MAJORITY FLOOR LEADER—
Barbara E. Buckley.
ASSISTANT MAJORITY FLOOR LEADER—
David R. Parks.
MAJORITY WHIP—
Bernard Anderson.
ASSISTANT MAJORITY WHIP—
Sheila Leslie
ASSISTANT MAJORITY WHIP—
Mark A. Manendo
MINORITY FLOOR LEADER—
Lynn C. Hettrick.
ASSISTANT MINORITY FLOOR LEADER—
Barbara Cegavske.
MINORITY WHIP—
Greg Brower.
MINORITY WHIP—
Kathy A. Von Tobel.
COMMUNICATIONS
MESSAGES FROM THE GOVERNOR
Office Of The Governor
Carson City, Nevada , February 5, 2001
The Honorable Senator William J. Raggio, The Honorable Assemblyman Richard D. Perkins, Nevada Legislature, Legislative Building, Carson City, Nevada 89701
Dear Majority Leader Raggio and Speaker perkins:
Attached herewith is my message to the 71st 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 22, 2001, 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
Assemblywoman Buckley requested that the Governor’s State of the State Address as presented to the Legislative Commission’s Special Committee to Receive the Governor’s State of the State Address of January 22, 2001 be entered in the Journal.
Mr. Speaker, Madam Lieutenant Governor, members of the Senate and Assembly, honorable Justices of the Supreme Court, distinguished guests, and fellow Nevadans—I would like to say good evening, and to you Colton and Hanna, thank you for coming.
I am proud to say the state of the state is strong. It is strong despite unique and unprecedented changes and challenges. Our economy is healthy and prosperous. More Nevadans are at work than ever before, and our personal income growth is well above the national average. Nevada’s welfare rolls have declined by 60 percent in the past six years. Nevadans have gone back to work in record numbers, earning the state a federal financial award as one of the top ten states in the nation for welfare reform for the second year in a row. Indeed, Nevada has much to be proud of.
For a decade now, we have led the nation in growth. As a result of this tremendous growth, we will be given a third seat to amplify our voice and enhance our position in Congress. We have communities that have been made stronger by diversity and new ideas, but growth also brings its share of challenges. Nevada’s school enrollment is increasing at three times the national average. We lead the nation in growth of our senior citizens. Our transportation system must constantly improve to avoid gridlock, and our health care system is strained by ever-increasing demands placed upon it on a day-by-day basis.
Two years ago, I stood before you in this chamber and declared we would have to cut funding for many programs even though the state’s revenues were growing. Social services, education, and prisons had steadily consumed our revenues until every other facet of our state suffered and sacrificed to pay for this growth. I knew, without change, we would soon reach a point where the needs of an exploding population would outstrip the growth in revenue. We had to change the way we did business in Nevada, and change we did!
I directed the most comprehensive review of Nevada state government in our history, and we identified numerous ways we could cut costs and become more efficient and responsive in delivering services to our citizens. Through those efforts we have saved millions of dollars, and we did not stop there.
I formed an Internal Audit Division for the Executive Branch to identify potential problems in state government before,rather than after, they occur. This agency has also identified hundreds of thousands of dollars of savings for the state.
We were the first state in the country to privatize our state’s worker’s compensation program, removing more than a thousand positions from the state payroll and taking off a $2.2 billion liability from the state’s ledger in this great state of Nevada. We will now save over $3 million more, every year, by self-insuring.
We maintained a hiring freeze for the past two years, streamlining government and leaving more than 1500 positions unfilled or eliminated.
We also reformed our state’s group health insurance plan, for thousands of state employees, so that it is once again healthy and solvent.
We have fixed a long-running problem with NOMADS, the state’s welfare computer system, which will save us millions of dollars in federal penalties. In fact, the Federal Government has indicated it will return $3.6 million to the state as early as this legislative session. This could not have been done without the help of you as a legislative body two years ago when we brought the problem before you and you had to face the executive branch and our staff. Thank you very much.
We also removed the barriers to higher education for all our children when we enacted the Millennium Scholarship. Tonight we have six Millennium scholars with us, one from each university and community college in the state. I invite them to stand. They are just 6 of 4,200 high achieving young Nevadans who have taken advantage of this historic opportunity. We wish all of you a successful academic and professional career right here in Nevada, where you belong. There are over 45 Millennium Scholarship winners in the Senate, who could not get a ticket to be in the well of the Assembly, and I want to thank them to for their attendance. The Millennium Scholarship program serves as a reminder of what determination, creativity, and cooperation can produce.
I look out here this evening and see the faces of many friends, hardworking legislators, and true Nevada leaders. We are fortunate to have the steady leadership of Bill Raggio, Joe Dini, Dina Titus, Lynn Hettrick, and Nevada’s newest Speaker, Richard Perkins. Certainly, we have disagreed on some issues and differed in our solutions to some of the problems we face here in our state, but we have always agreed on the importance of seeking those solutions together. I welcome your continued cooperation, your friendship, and your advice—sometimes.
I truly appreciate your hard work and tremendous sacrifices. Nevada owes each of you a great debt of gratitude, but sadly, one of our hardest working lawmakers is not with us tonight, our friend and colleague, Assemblywoman Jan Evans. I would like to take a moment to acknowledge her commitment and friendship to so many of you and to me. In this quiet moment, when we think about the future, I am sure we ponder many of the same things Jan did—providing for our families, educating our children, protecting our homes, and caring for our seniors.
And although the state of Nevada is strong and vibrant today, the challenges ahead will test our resolve and our commitment to work together for tomorrow. Aggressive competition from tribal gaming and the prospect of punitive federal regulations endanger our travel and tourism industry. Far-reaching public land acquisitions and regulations jeopardize other important industries such as mining and agriculture. Skyrocketing energy prices threaten us all.
During this past year, I have made no secret of my belief that Nevada must explore new revenue streams and establish a broader economic base, so we can provide a good education to our children, adequate health care to our families and seniors, and safety for all our citizens. As a result, many speculated that I would be forced to raise taxes. Indeed, the state’s expenditure and long-range revenue projections show that, without changes, Nevada will face a tremendous shortfall within eight years.
I believe, however, that, with the potential slowing of the national economy, now is not a time for new taxes, and my budget does not contain a single tax increase. Now is a time for moderation and restraint. I have long believed state government cannot and should not be all things to all people. There are some things, however, that only the state can do—educate our children, care for our seniors, and protect the disadvantaged.
Tonight, I am pleased I do not come to you with a budget full of painful reductions as I did two years ago. Instead, we are in a position to consider new programs, as well as live up to many of our responsibilities to our state employees, university professors, teachers, and school support staff. Tonight we will fulfill the responsibilities that have to be met for the good of all Nevadans—our children, the disabled, and senior citizens. This is our obligation. Our past budgetary discipline and restructuring of our financial resources has afforded us this opportunity—to fund programs that have been too long neglected. Let me share with you my vision.
Since we last met, we have heard a great deal of discussion about our state’s commitment to education. Some say we are not doing enough, and I agree. The solution is not as simple as raising taxes, as some have proposed, and earmarking the proceeds strictly for the purposes of education without consideration of other programs in need of revenue.
I was taught by my father, who could not read, that reading is the basis of all education. I learned this painful lesson as I watched him suffer through those simple tasks all of us who can read take for granted. His inability to read affected every aspect of his life, and mine.
As many of you know, twenty-five years ago I was superintendent of Clark County schools. I am proud of many of the programs we implemented. However, I always considered my greatest accomplishment to be the placement of a reading specialist in every elementary school. Before it was popular to talk about getting back to the basics, these reading teachers knew there was nothing more basic or important than the ability to read. We saw tremendous results with the program, and in fact, the reading improvement teachers are still in our schools today.
Tonight, I am going back to the basics just as I did when I was superintendent. I am establishing a new statewide goal—that all Nevada children be able to read by the end of the third grade. To initiate a fast start toward this goal, I am allocating $10 million for a teacher-training program that focuses on reading techniques which have proven successful in early grades.
Last session, we created four regional centers for teacher training. These centers also focused on reading. This year, I propose to increase funding for these centers by $4 million, for additional training in reading instruction.
I will also allocate $20 million to education technology and the purchase of textbooks for our schools. After all, Nevada students cannot be expected to achieve more and work harder when they cannot even take their schoolbooks home. I am also allocating another $8 million for early childhood education—let’s get a good start—and a $7 million increase for remediation in under-performing schools. Finally, my budget includes another $20 million to maintain class-size ratios at the first, second, and third grades.
With your help, our children will be better prepared, focused on the basics, and will achieve more. We owe this to our children. We owe this to our future.
This evening, you will find my education agenda focuses on the basics: textbooks, teacher training, and reading. We must go further. We must also address our growing teacher shortage. Tonight, I am pleased to endorse a project that addresses this shortage—the proposed state college in Henderson. This new institution will enable us to train more teachers than ever before. Therefore, this budget includes $16 million for capital construction, $1 million in start-up costs, and another $5.8 million to fund the first year’s enrollment of a projected 1000 students. With your support, the state college in Henderson will become a reality, go a long way toward ending the teacher shortage in Nevada, and create an institution of learning that produces Nevada teachers for Nevada children. Building new colleges takes vision, patience, and financial resources.
Make no mistake about it—next to parents and families, teachers are the most important influence in our children’s lives. Over the past five years, we have raised the academic bar for our children. In doing so, we have also raised the bar for our teachers. We have demanded accountability, as we should, but we have not given them the tools they need to perform at the level we demand—the training, the technology, and the textbooks.
In Nevada, we have not made a sufficient commitment to teachers for a livable salary that matches the vital role they play in our society. As a result, we are losing an unacceptable number of teachers to other states and professions. So, in addition to the money allocated for more training, new textbooks, and technology, I am asking the Nevada Legislature to provide a cash bonus to all Nevada teachers and school support staff equal to 5 percent of their annual salary. My budget includes a one-time allocation of $58 million to meet Nevada’s commitment to our teachers. For a teacher making $40,000 a year, this will amount to $2,000—just a small way of saying “thank you” for having met every challenge we have given them, often without additional resources and, in some cases, even having to pay for supplies out of their own pockets.
These are the planks of my education plan for the coming year: a firm commitment for long overdue resources for our teachers; a basic but bold reading program; and the creation of a new college.
In total, my general fund budget includes an increase of $98 million for K-12 education and $134 million for higher education. In addition, we are allocating over $75 million of our one-time funding to K-12 education. Altogether, this represents a 13 percent increase over last biennium, and the largest allocation for education in our great state’s history. As a former teacher, superintendent, and university president—and now as your Governor—my first priority will always be to our children and their education.
There is another group of dedicated public employees who deserve recognition this evening—the loyal employees who work hard to serve the state’s citizens and who are often the best guardians of taxpayer dollars—Nevada’s state workers. Two years ago, I challenged state employees to find new and innovative ways to save money and make the state more efficient. They responded, and for that, I say thank you.
I would like to ask George Simecek to stand. George is a plumber at University of Nevada, Reno, who has been with the state since 1978. George identified a retrofitting need on the campus, and he recently completed the project—providing the state with a one-time savings of $310,000 plus saving additional, ongoing maintenance costs. George is not the only employee who has used his knowledge, experience, and dedication to save our state money. There are many more, whose efforts will never be known by the general public. These are good people, whose talents we simply cannot afford to lose.
Over the past decade, state employees have gone without adequate pay increases. The result has been escalating turnover in almost every department. As a result, we have a steady stream of good state workers leaving for more lucrative jobs with cities, counties, and the private sector. We lose their valuable experience and abilities, and then we spend more money recruiting and training their replacements. And the costly cycle continues.
We cannot afford to lose these employees. For example, the dramatic turnaround at the Department of Motor Vehicles was prompted by employees who created new programs, such as Internet registration. Try it, you’ll like it! They also worked long hours to improve service and reduce waiting lines to less than an hour.
Tonight I am proposing a responsible cost of living allowance for our state employees, an 8 percent increase over the biennium, 4 percent in the first year and 4 percent in the second year. I no longer want them to choose between serving the state or protecting their families’ financial future. State employment is a privilege, but it should not be a sacrifice.
It is not enough to invest in our employees, however. We must invest in the health and welfare of all our people, all Nevadans.
As your Governor, I believe we must measure success by how we are able to care for the most fragile of our citizens—our children, our elderly, and those who are disabled. We cannot afford to do everything, but there are some things we cannot afford not to do.
Therefore, I am proposing to double the funding that helps physically disabled Nevadans stay in their homes—stay in their homes with their families. In addition, my proposed increases in services to the developmentally disabled will eliminate all waiting lists for community-based services for these citizens.
Furthermore, I am urging the creation of the Office of Disability Resources, which will combine several existing services in one location. The office will be responsible for creating a long-range plan to better provide services to individuals of all ages with disabilities.
Finally, we will use federal grant money to develop policies and infrastructure that will allow the disabled to go to work without risking the loss of Medicaid or Medicare health coverage.
With the fastest growing senior population in the nation, Nevada must plan ahead. Therefore, I am requesting funding to study alternative living support, long-term care, and other programs to address our seniors’ needs effectively and efficiently in the future. For those seniors who need our help today, I propose to increase Medicaid waivers by 40 percent to allow seniors to live in their communities and homes rather than hospitals. We need our seniors at home!
I am also asking the Legislature to approve a $6 million allowance for cervical and breast cancer coverage for uninsured women which we do not have at this time. We will include in this budget $10 million to eliminate the assets test for the Medicaid Child Health Assurance Program and streamline Medicaid benefits for pregnant women. It is simple, we have been embarrassingly behind in these crucial health services for too long. It is time to change, and change we will.
My budget also includes a substantial increase in funding for Nevada Check-Up, our health insurance program for children of low-income families. Our outreach efforts in the past two years have been extremely successful, just 2 years ago we had less than 2000 young people in our program and now we expect to enroll 24,000 children by the end of the next biennium. In addition, I am establishing a $5 million fund to help working, uninsured families obtain basic health care coverage, because access to affordable health care is crucial to all Nevada families.
This budget is one that works to support our Nevada families because we must encourage programs that keep our families together and healthy. In many cases, a child is removed from his or her natural family. It is a traumatic experience with far-reaching consequences to the health and welfare of that child. In Nevada, the situation is made even more difficult because the child welfare system is confusing and bogged down in bureaucracy between the state and the counties.
Overall, my budget includes $86 million to support improvement of our statewide child welfare programs and to provide service at the local level—where it should be. I believe the best service to the child is the service closest to the child, and children who are victims of neglect, abuse, or abandonment must not also be victims of bureaucracy. They deserve our devoted attention, not our divided attention. We will work with the counties and legislative body to transfer this money and these programs to the local level so our children will have the best chance, the chance they need in their young lives.
Finally, with the Legislature’s help, I will expand Senior Rx, a program that addresses one of the most compelling needs faced by Nevada’s senior citizens—prescription drug coverage.
Two years ago, the Nevada Legislature voted unanimously to provide a subsidized prescription drug insurance plan for the state’s neediest seniors. Senior Rx was enacted while others argued about the issue. While Congress bickered, we acted.
I am proud to say that as of this month, we have received 1400 applications for Senior Rx. Some of those who are already enrolled in the program are with us tonight. I would like to ask them to stand. Please join me in giving them a warm welcome.
Some seniors in this program will save hundreds of dollars a month. For others, this program is not about savings—it is about the difference between receiving needed medicine or doing without. I am proud to say tonight that Senior Rx is working, and we must expand it. It is time to offer these life-saving benefits to more Nevadans in need.
Another challenge that faces Nevada’s senior citizens and, in fact, all of us, is the soaring cost of energy. Electric utility restructuring in California is, in the words of Governor Gray Davis, a “colossal and dangerous failure.” Electricity rates have risen more than 300 percent, and in some areas, there have been power shortages and blackouts. We must learn from the mistakes in California, so we never repeat their mistakes.
In 1997 and again in 1999, our Legislature approved deregulation for Nevada. Last session, however, the Legislature recognized there were problems on the horizon, and they gave me the authority to delay deregulation. Twice I have looked at the situation, twice considered the consequences, and twice said “no” to implementing deregulation.
Last October, I appointed a 17-member, bipartisan committee to examine the state’s energy situation. This group recently issued its recommendations and findings, which clearly indicate there are serious problems with deregulation in Nevada.
Over the next few weeks, I will be reviewing those recommendations and any new proposals from the Legislature. But let me be very clear—I cannot and will not support deregulation until I am assured power supplies are secure and those who would be hardest hit by rate increases are protected.
Even without deregulation, consumer energy bills will continue to rise because of short supply, increased demand, and high prices for natural gas and oil. This will impact all of us to some degree, but for those Nevadans who live on low or fixed incomes, it will be catastrophic.
So tonight, I am proposing a $5 million fund to help those who will be hit hardest by rising energy costs. This emergency Energy Assistance Fund will create a safety net for low-income Nevadans, so they can afford to pay utility bills without undue hardship.
We have covered a lot of issues tonight—education, health care, and senior services. However, there is one issue that looms over all of them.
I am talking about the single greatest threat to the health and safety of the people of this state—the prospect of Nevada becoming the nation’s nuclear waste dumping ground. It is an issue that unites Democrats and Republicans, liberals and conservatives, urban and rural counties, and all of us who care about the future of Nevada. We have fought this battle together, for many years and on many fronts. Yet, the nuclear power industry is as determined as ever to target our state.
Tonight, I am announcing we will match that determination with an unprecedented dedication of funds. For the first time in our long fight against nuclear waste, we will dedicate $5 million to fight the Department of Energy and those in Congress who are determined to make Nevada the nation’s nuclear waste dump.
I will also ask each city and county, as well as the private sector, to contribute money to this vital endeavor. Although much has been done individually throughout our state by citizens and communities, I believe we will only succeed by uniting our efforts. We must make that united front.
We can no longer be dependent upon federal dollars—dollars that can be taken away from us, jerked away from us, when we do not play by the nuclear industry’s rules. With this $5 million, we will launch a media campaign to rally our neighboring states. The transportation of nuclear waste is a danger to everyone, and we must have those other states join us in this great fight for our survival. We will continue to pursue all legal avenues. We will expose the unprincipled tactics used by the industry in their attempt to force us to accept this deadly waste.
We will join with our neighbor state, Utah, in a coordinated stand against nuclear waste transportation. I have asked Utah’s governor, Mike Leavitt, to join me in fighting to leave nuclear waste where it was created, not ship it to us. He agreed, and he has already included more than one million dollars in his budget to join us in this ongoing battle. We will leave no fight abandoned, and we will prevail.
As we all know, the nation has just emerged from an unforgettable campaign season that represented both the best and the worst of politics. One lesson we have learned is that we must work together, in a bipartisan spirit, to accomplish the public’s business and to maintain the public’s trust.
I do not agree with those who contend that we are a nation and a state that stands divided. While we disagree on some of the solutions to the many challenges we face, we certainly agree on what those challenges are and how important it is that we find solutions together.
We have a vibrant and beautiful state that in many ways is the envy of our neighbors. We enjoy an independent lifestyle, moderate taxes, a bustling business sector, abundant wide-open spaces, and opportunities limited only by the depth of our ingenuity. As your Governor, nothing is more important to me than protecting our way of life, expanding our opportunities, and meeting our obligations.
After two years, Dema and I remain honored that I was elected to this office. I am proud to be your Governor, and Dema is proud to be called the First Lady.
In 137 years, Nevada has changed a great deal. However, I marvel at how much the state has stayed the same, and how much our new citizens, who come to us from every state in the nation, are much like Nevadans of old.
One of our state’s most accomplished writers, Robert Laxalt, compared the spirit of Nevadans to the state flower, the sagebrush, when he said: “They are hardy and resilient, stubborn and independent, restrained by environment, and yet able to grow free.” So tonight we come to you with a firm resolve to protect Nevada’s needs; a resolve to create an historic fund to fight deadly nuclear waste; a resolve to achieve financial stability in an unpredictable economy without new taxes; a resolve to pay our state employees a livable wage; a resolve to protect our citizens from escalating energy costs; a resolve to provide adequate health care and peace of mind to our Nevada seniors; and a resolve to put more money in education for students and teachers than ever before in this state’s history. I am confident that these great goals will be reached together as one people, step by step, always moving forward and always gaining ground.
I want to thank you and say good evening to you and have a safe trip home.
United States Senate
Washington, D.C. 20510-2803
January 23, 2001
The Honorable Richard D. Perkins, Speaker,State of Nevada Assembly, Legislative Building,
401 South Carson Street, Carson City, Nevada 89701-4747
Dear Speaker Perkins:
I am writing to request the privilege of speaking before both houses of the Nevada State Legislature at 11:15 a.m. on Friday, February 9, 2001.
Mary Conelly, my State Director, and June
Schmidt, my Deputy Regional Manager for Northern Nevada, will be coordinating
the details of my visit. They can be reached at
775-686-5750.
Thank you for your gracious consideration.
Sincerely,
Harry Reid
Congress of the United States
House of Representatives
January 17, 2001
Speaker Richard D. Perkins, Nevada State Assembly,401 South Carson Street, Carson City
Nevada 89701-4747
Dear richard:
It would be my honor and pleasure to address a joint session of the Nevada Legislature at 5:15 p.m. on Wednesday, February 21, to deliver a formal assessment of our Congressional agenda and its impact on our state.
As you know, there are a number of issues critical to the well being of our state and our country that will be addressed in the months to come. It is vital that local, state and federal representatives work together to achieve our goals.
Thank you for this important opportunity. I look forward to seeing you and many of my former colleagues in Carson City.
Sincerely,
Jim Gibbons
Supreme Court of Nevada
A. William Maupin, Chief Justice
201 South Carson Street
Carson City, Nevada, January 29, 2001
Richard Perkins, Speaker Of The Assembly, Legislative Building, 401 S. Carson, Carson City, NV 89701
Re: State of the Judiciary Address
Thursday, February 22, 2001
2001 Legislative Session
Dear mr. Speaker:
I, Justice A. William Maupin, Chief Justice of the Nevada Supreme Court, hereby request to address the Senate and Assembly of the State of Nevada. It is my understanding that both houses will be available for this purpose on Thursday, February 22, 2001, at 5:00 p.m., in the Assembly Chambers of the Legislative Building. If a conflict arises with this time and date, please contact my office.
The Supreme Court’s reception for the Legislature will be held immediately following the Judiciary Address
Thank you.
Sincerely,
A. William Maupin
MESSAGES FROM THE SECRETARY OF STATE
State of Nevada
Office of the Secretary of State
January 23, 2001
Ms. Jacqueline Sneddon, Chief Clerk Of The Assembly, Nevada Legislature, 401 South Carson Street, Carson City, Nevada 89701-4747
Dear Ms. Sneddon:
In compliance with the laws of the State of Nevada and in response to your letter, returned herewith are Assembly Joint Resolutions 4, 13, 22 and 26 of the Seventieth Session for consideration by the 2001 Nevada Legislature.
Also returned to you is Assembly Joint Resolution 5 from the Sixty-Ninth Session of the Nevada Legislature for consideration by 2001 Legislature.
Respectfully,
Dean Heller
State of Nevada
Office of the Secretary of State
January 23, 2001
Ms. Jacqueline Sneddon, Chief Clerk Of The Assembly, 401 South Carson Street, Carson City, Nevada 89701-4747
Dear Ms. Sneddon:
In compliance with the laws of the State of Nevada and in response to your letter, returned herewith is vetoed Assembly Bill 332 from the 70th Session.
Respectfully,
Dean Heller
MOTIONS, RESOLUTIONS AND NOTICES
Assemblywoman Buckley moved that vetoed Assembly Bill No. 332 of the 70th Session be made a Special Order of Business for Wednesday, February 7, 2001 at 11:15 a.m.
Motion carried.
COMMUNICATIONS
State of Nevada
Office of the Secretary of State
To the honoroable, 2001 legislature of the state of nevada, carson city,
Ladies and Gentleman of the Assembly:
Pursuant to the provisions of sections 2 and 3 of article XIX of the Constitution of the State of Nevada, and the statutes enacted under the authority thereof, I have the honor to present you with this letter that certain Initiative Petition entitled: “NEVADA TAX FAIRNESS AND QUALITY SCHOOL FUNDING ACCOUNTABILITY ACT. An Act relating to Taxation; declaring intention of the People of the State of Nevada concerning the funding of public elementary and secondary education in Nevada; imposing a tax on the income of business conducted for profit and doing business in Nevada; providing for the administration and collection of the tax and the distribution of the money thereby collected; providing a penalty; making an appropriation; and providing other matters properly relating thereto.”
The number of registered voters verified was 63,795. The number of signatures required was 44,009. In addition, over 10 percent of the signatures required in the requisite number of counties were verified.
The petition was filed within the constitutional and statutory period of time previous to the convening of the 2001 Session of the Nevada Legislature, for presentation thereto as required by the Constitution and applicable statutes enacted under the authority thereof.
The copy transmitted to you on this date is a symbolic copy. The original petition is contained in 26 boxes and will be retained on file in the Secretary of State’s office and is accordingly public record.
Respectfully,
Dean Heller
|
Counties |
Total Voter Turnout |
10% of Voter Turnout* |
Raw Count Results (due 5 p.m. 9/6/00) |
Verification Results (due 5 p.m. 9/21/00) |
|
Carson City |
16,836 |
1,684 |
2,784 |
335/512=.6542x2784=1821.5=1,822 |
|
Churchill |
7,285 |
729 |
1,220 |
382/540=.7074x1220=863 |
|
Clark |
257,601 |
25,760 |
56,975 |
1987/2849=.6974x56975=39736.5=39,737 |
|
Douglas |
14,527 |
1,453 |
2,167 |
412/539=.76438x2167=1,656.4= 1,657 |
|
Elko |
10,151 |
1,015 |
1,634 |
353/500=.706x1634=1153.6=1,154 |
|
Esmeralda |
550 |
55 |
70 |
50 |
|
Eureka |
679 |
68 |
104 |
94 |
|
Humboldt |
4,277 |
428 |
812 |
573 |
|
Lander |
2,077 |
208 |
342 |
290 |
|
Lincoln |
2,045 |
205 |
456 |
396 |
|
Lyon |
9,409 |
941 |
1,632 |
478/707=.6761x1632=1103.3=1,104 |
|
Mineral |
2,190 |
219 |
393 |
322 |
|
Nye |
9,564 |
956 |
1,756 |
1,425 |
|
Pershing |
1,571 |
157 |
240 |
204 |
|
Storey |
1,718 |
172 |
343 |
259 |
|
Washoe |
96,205 |
9,621 |
15,835 |
673/792=.8497x15835=1345.15= 13455.75=13,456 |
|
White Pine |
3,357 |
336 |
421 |
389 |
|
Totals |
440,042 |
44,009 |
87,184 |
63,795 |
*number of signatures required in 13 of 17 counties and statewide
Carson City, Nevada
Consolidated Municipality And State Capital
February 5, 2001
Dear Speaker Perkins And Members Of The Assembly:
It gives me great pleasure to join with the citizens of Carson City to extend to you and all of the members of the Nevada State Legislature our official greetings and warm welcome as we prepare for the start of the 2001 Legislative Session.
Our community, like so many areas of Nevada, is rich in history and famous for its colorful past. However, Carson City is unique. No other community in our state can boast the prestigious title of “Capital City.” This is a designation of which we are very proud. Whether you are a first time visitor or a veteran who has first-hand knowledge of Carson City’s distinctive qualities, we hope our “down home, Nevada-style” hospitality will amaze and delight you.
We would like to invite you to attend a “welcome” reception on February 6, 2001, between 5:00-6:30 p.m. to be held at City Hall, 201 North Carson Street. I want to assure you we are planning a relatively low key and casual event. Our objectives are to say hello and welcome you to Carson City, provide an opportunity to introduce you to other elected officials and city staff and provide several displays which show our pride in a number of our recent projects. We are easy to find as we are located next to and just north of the Capitol and its silver dome which can be seen for miles, representative of government for the citizens of the Great State of Nevada.
Again, it is our pleasure to have you in our community, and we look forward to seeing you on February 6TH. If there is any way we may be of assistance to you, please do not hesitate to call on me or any member of our city’s staff. Best wishes for a successful session and thank you for allowing us to be your host these next four months.
Sincerely,
Ray Masayko
Presentation of Petitions
Initiative Petition No. 1—An Act relating to taxation; declaring the intention of the People of the State of Nevada concerning the funding of public elementary and secondary education in Nevada; imposing a tax on the income of businesses conducted for profit and doing business in Nevada; providing for the administration and collection of the tax and the distribution of the money thereby collected; providing a penalty; making an appropriation; and providing other matters properly relating thereto.
Assemblywoman Buckley moved that the petition be referred to the Committee on Taxation.
Motion carried.
MOTIONS, RESOLUTIONS AND NOTICES
By Assemblyman Goldwater:
Assembly Joint Resolution No. 4 of the 70th Session—ASSEMBLY JOINT RESOLUTION—Proposing to amend the Constitution of the State of Nevada to repeal the constitutional rule against perpetuities.
Resolved by the Assembly and Senate of the State of Nevada, Jointly, That section 4 of article 15 of the Constitution of the State of Nevada is hereby repealed.
Assemblywoman Buckley moved that the resolution be referred to the Committee on Constitutional Amendments.
Motion carried.
By the Committee on Constitutional Amendments:
Assembly Joint Resolution No. 13 of the 70th Session—ASSEMBLY JOINT RESOLUTION—Proposing to amend the Constitution of the State of Nevada to revise the term of office of a justice of the supreme court or judge of a district court who is appointed to fill a vacancy.
Resolved by the Assembly and Senate of the State of Nevada, Jointly, That section 20 of article 6 of the Constitution of the State of Nevada be amended to read as follows:
Sec. 20. 1. When a vacancy occurs before the expiration of any term of office in the supreme court 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] Except as otherwise
provided in subsection 2, the term of office of any justice or
judge so appointed expires on the first Monday of January following the [next] first
general election [.] that is held at least 12
calendar months after the date on which the appointment was made. At that
general election, a justice or judge must be elected to fill the remainder of
the term.
2. If the date on which the appointment was made is within the 12 calendar months immediately preceding the expiration of the term of the vacated office, the term of office of the justice or judge appointed pursuant to subsection 1 is the remainder of the unexpired term of office.
3. Each nomination for the supreme court shall 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 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 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 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.
Assemblywoman Buckley moved that the resolution be referred to the Committee on Constitutional Amendments.
Motion carried.
By the Committee on Constitutional Amendments:
Assembly Joint Resolution No. 22 of the 70th Session—ASSEMBLY JOINT RESOLUTION—Proposing to amend the Constitution of the State of Nevada to create an intermediate appellate court and revise the term of a person appointed to fill a vacancy in an office for supreme court justice, court of appeals judge or district judge.
Resolved by the assembly and senate 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 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 at least one judge serves for an initial term of 2 years, at least one for 4 years and at least 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.
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 judges so 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 of a judge of the court of appeals, for any cause, 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.
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.
[2.
The] Except as otherwise provided in subsection 2, the term of
office of any justice or judge so appointed expires on the first Monday of
January following the [next] first general election [.] that is held at least 12 calendar months after the date on which the
appointment was made. At that general election, a justice or judge must be
elected to fill the remainder of the term.
2. If the date on which the appointment was made is within the 12 calendar months immediately preceding the expiration of the term of the vacated office, the term of office of the justice or judge appointed pursuant to subsection 1 is the remainder of the unexpired term of office.
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. Pursuant to rules governing appeals adopted by the supreme court, 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 legislature shall establish:
(a) In addition to censure, retirement and removal, the other forms of disciplinary action that the commission may impose;
(b) The grounds for censure and other disciplinary action that the commission may impose, including, but not limited to, violations of the provisions of the code of judicial conduct;
(c) The standards for the investigation of matters relating to the fitness of a justice or judge; and
(d) The confidentiality or nonconfidentiality, as appropriate, of proceedings before the commission, except that, in any event, a decision to censure, retire or remove a justice or judge must be made public.
6. The supreme court shall adopt a code of judicial conduct.
7. The commission shall adopt rules of procedure for the conduct of its hearings and any other procedural rules it deems necessary to carry out its duties.
8. 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.
9. Any matter relating to the fitness of a justice or judge may be brought to the attention of the commission by any person or on the motion of the commission. 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.
10. 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.
11. he 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 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.
Assemblywoman Buckley moved that the resolution be referred to the Committee on Constitutional Amendments.
Motion carried.
By Assemblywoman Giunchigliani; Senator O'Connell:
Assembly Joint Resolution No. 26 of the 70th Session—ASSEMBLY JOINT RESOLUTION—Proposing to amend the Constitution of the State of Nevada to exempt state contracts for the improvement, acquisition and construction of facilities for schools from the limit on general borrowing by the state.
Resolved by the Assembly and Senate of the State of Nevada, Jointly, That section 3 of article 9 of the Constitution of the State of Nevada be amended to read as follows:
Sec. 3. 1. The state may contract public debts; but such debts shall never, in the aggregate, exclusive of interest, exceed the sum of two per cent of the assessed valuation of the state, as shown by the reports of the county assessors to the state controller, except for the purpose of defraying extraordinary expenses, as hereinafter mentioned. Every such debt shall be authorized by law for some purpose or purposes, to be distinctly specified therein; and every such law shall provide for levying an annual tax sufficient to pay the interest semiannually, and the principal within twenty years from the passage of such law, and shall specially appropriate the proceeds of said taxes to the payment of said principal and interest; and such appropriation shall not be repealed nor the taxes postponed or diminished until the principal and interest of said debts shall have been wholly paid. Every contract of indebtedness entered into or assumed by or on behalf of the state, when all its debts and liabilities amount to said sum before mentioned, shall be void and of no effect, except in cases of money borrowed to repel invasion, suppress insurrection, defend the state in time of war, or, if hostilities be threatened, provide for the public defense.
2. The state, notwithstanding the foregoing limitations, may, pursuant to
authority of the legislature, make and enter into any and all contracts
necessary, expedient or advisable for [the]
:
(a) The protection
and preservation of any of its property or natural resources, or for the
purposes of obtaining the benefits thereof [,]
; and
(b) The improvement, acquisition and construction of facilities for public elementary and secondary schools,
however arising and whether arising by or through any undertaking or project of the United States or by or through any treaty or compact between the states, or otherwise.The legislature may from time to time make such appropriations as may be necessary to carry out the obligations of the state under such contracts, and shall levy such tax as may be necessary to pay the same or carry them into effect.
Assemblywoman Buckley moved that the resolution be referred to the Committee on Constitutional Amendments.
Motion carried.
By Assemblymen Price, Giunchigliani, Carpenter, Goldwater, Lambert, Sandoval, Manendo, Arberry, Mortenson, Lee, Segerblom, Evans, Freeman, Bache, Krenzer, Chowning, Nolan, Koivisto, Anderson, Buckley, Ohrenschall, Amodei, Close, Herrera, Parks, Cegavske, Williams, Berman, de Braga, Neighbors, Tiffany, Ernaut, Dini.
Assembly Joint Resolution No. 5 of the 69th Session, as amended by the 70th Session—ASSEMBLY JOINT RESOLUTION—Proposing to amend the Nevada constitution to provide for limited annual legislative sessions.
Resolved by the Assembly and Senate of the State of Nevada, Jointly, That a new section be added to article 4, and sections 2 and 33 of article 4 of the constitution of the State of Nevada be amended to read respectively as follows:
Sec. 29A. The Legislature shall adjourn sine die each:
1. Regular session in an:
(a) Odd-numbered year not later than midnight Pacific standard time 120 calendar days following its commencement. Any legislative action taken after midnight Pacific standard time on the 120th calendar day is void, unless the legislative action is conducted during a special session convened by the Governor.
(b) Even-numbered year not later than midnight Pacific standard time 45 calendar days following its commencement. Any legislative action taken after midnight Pacific standard time on the 45th calendar day is void, unless the legislative action is conducted during a special session convened by the Governor.
2. Special session not later than midnight Pacific standard time 20 calendar days following its commencement. Any legislative action taken after midnight Pacific standard time on the 20th calendar day is void.
Sec. 2. 1. [The] Except as otherwise provided in subsection 2, the sessions of the Legislature shall be [biennial,] annual, and shall commence on the [1st Monday of February following the election of members of the Assembly, unless the Governor of the State shall, in the interim, convene the Legislature by proclamation.
2. The Legislature shall adjourn sine die each regular session not later than midnight Pacific standard time 120 calendar days following its commencement. Any legislative action taken after midnight Pacific standard time on the 120th calendar day is void, unless the legislative action is conducted during a special session convened by the Governor.] first Monday of:
(a) February in odd-numbered years; and
(b) March in even-numbered years.
2. The Governor, by proclamation:
(a) May convene the Legislature for a special session not to exceed 20 calendar days in accordance with section 9 of article 5 of this constitution.
(b) Shall convene the Legislature for a special session not to exceed 20 calendar days not later than 45 calendar days after receipt of a petition by two-thirds of the members elected to each House calling for a special session and setting forth the topics for consideration during the special session. If the Legislature is convened for a special session pursuant to this paragraph, the Governor may add to the list of topics to be considered by the Legislature during that special session.
3. The Governor shall submit :
(a) In odd-numbered years, the proposed executive budget ; and
(b) In even-numbered years, any proposed appropriations or proposed revisions to the executive budget,
to the Legislature not later than [14] 30 calendar days before the commencement of each regular session.
[Sec:] Sec. 33. The members of the Legislature shall receive for their services, a compensation to be fixed by law and paid out of the public treasury, for [not to exceed 60 days] each calendar day of service during any regular session of the legislature and [not to exceed 20 days] during any special session convened by the governor; but no increase of such compensation shall take effect during the term for which the members of either house shall have been elected Provided, that an appropriation may be made for the payment of such actual expenses as members of the Legislature may incur for postage, express charges, newspapers and stationery not exceeding the sum of Sixty dollars for any general or special session to each member; and Furthermore Provided, that the Speaker of the Assembly, and Lieutenant Governor, as President of the Senate, shall each, during the time of their actual attendance as such presiding officers receive an additional allowance of two dollars per diem.
And be it further
Resolved, That section 9 of article 5 of the constitution of the State of Nevada be amended to read as follows:
[Sec:] Sec. 9. The Governor may on extraordinary occasions, convene the Legislature by Proclamation for a special session not to exceed 20 calendar days and shall state to both houses when organized, the purpose for which they have been convened, and the Legislature shall transact no legislative business, except that for which they were specially convened, or such other legislative business as the Governor may call to the attention of the Legislature while in Session.
And be it further
Resolved, That section 2 of article 19 of the constitution of the State of Nevada be amended to read as follows:
Sec. 2. 1. Notwithstanding the provisions of section 1 of article 4 of this constitution, but subject to the limitations of section 6 of this article, the people reserve to themselves the power to propose, by initiative petition, statutes , [and] amendments to statutes and amendments to this constitution, and to enact or reject them at the polls.
2. An initiative petition shall be in the form required by section 3 of this article and shall be proposed by a number of registered voters equal to 10 percent or more of the number of voters who voted at the last preceding general election in not less than 75 percent of the counties in the state, but the total number of registered voters signing the initiative petition shall be equal to 10 percent or more of the voters who voted in the entire state at the last preceding general election.
3. If the initiative petition proposes a statute or an amendment to a statute, the person who intends to circulate it shall file a copy with the secretary of state before beginning circulation and not earlier than [January 1 of the year preceding the year in which a regular session of the legislature is held.] 1 year before the date on which the Legislature to which the petition will be transmitted commences its regular session. After its circulation, it shall be filed with the secretary of state not less than 30 days prior to any regular session of the legislature. The circulation of the petition shall cease on the day the petition is filed with the secretary of state or such other date as may be prescribed for the verification of the number of signatures affixed to the petition, whichever is earliest. The secretary of state shall transmit such petition to the legislature as soon as the legislature convenes and organizes. The petition shall take precedence over all other measures except appropriation bills, and the statute or amendment to a statute proposed thereby shall be enacted or rejected by the legislature without change or amendment within 40 days. If the proposed statute or amendment to a statute is enacted by the legislature and approved by the governor in the same manner as other statutes are enacted, such statute or amendment to a statute shall become law, but shall be subject to referendum petition as provided in section 1 of this article. If the statute or amendment to a statute is rejected by the legislature, or if no action is taken thereon within 40 days, the secretary of state shall submit the question of approval or disapproval of such statute or amendment to a statute to a vote of the voters at the next succeeding general election. If a majority of the voters voting on such question at such election votes approval of such statute or amendment to a statute, it shall become law and take effect upon completion of the canvass of votes by the supreme court. An initiative measure so approved by the voters shall not be amended, annulled, repealed, set aside or suspended by the legislature within 3 years from the date it takes effect. If a majority of such voters votes disapproval of such statute or amendment to a statute, no further action shall be taken on such petition. If the legislature rejects such proposed statute or amendment, the governor may recommend to the legislature and the legislature may propose a different measure on the same subject, in which event, after such different measure has been approved by the governor, the question of approval or disapproval of each measure shall be submitted by the secretary of state to a vote of the voters at the next succeeding general election. If the conflicting provisions submitted to the voters are both approved by a majority of the voters voting on such measures, the measure which receives the largest number of affirmative votes shall thereupon become law. If at the session of the legislature to which an initiative petition proposing an amendment to a statute is presented which the legislature rejects or upon which it takes no action, the legislature amends the statute which the petition proposes to amend in a respect which does not conflict in substance with the proposed amendment, the secretary of state in submitting the statute to the voters for approval or disapproval of the proposed amendment shall include the amendment made by the legislature.
4. If the initiative petition proposes an amendment to the constitution, the person who intends to circulate it shall file a copy with the secretary of state before beginning circulation and not earlier than September 1 of the year before the year in which the election is to be held. After its circulation it shall be filed with the secretary of state not less than 90 days before any regular general election at which the question of approval or disapproval of such amendment may be voted upon by the voters of the entire state. The circulation of the petition shall cease on the day the petition is filed with the secretary of state or such other date as may be prescribed for the verification of the number of signatures affixed to the petition, whichever is earliest. The secretary of state shall cause to be published in a newspaper of general circulation, on three separate occasions, in each county in the state, together with any explanatory matter which shall be placed upon the ballot, the entire text of the proposed amendment. If a majority of the voters voting on such question at such election votes disapproval of such amendment, no further action shall be taken on the petition. If a majority of such voters votes approval of such amendment, the secretary of state shall publish and resubmit the question of approval or disapproval to a vote of the voters at the next succeeding general election in the same manner as such question was originally submitted. If a majority of such voters votes disapproval of such amendment, no further action shall be taken on such petition. If a majority of such voters votes approval of such amendment, it shall, unless precluded by subsection 5 or 6, become a part of this constitution upon completion of the canvass of votes by the supreme court.
5. If two or more measures which affect the same section of a statute or of the constitution are finally approved pursuant to this section, or an amendment to the constitution is finally so approved and an amendment proposed by the legislature is ratified which affect the same section, by the voters at the same election:
(a) If all can be given effect without contradiction in substance, each shall be given effect. (b) If one or more contradict in substance the other or others, the measure which received the largest favorable vote, and any other approved measure compatible with it, shall be given effect. If the one or more measures that contradict in substance the other or others receive the same number of favorable votes, none of the measures that contradict another shall be given effect.
6. If, at the same election as the first approval of a constitutional amendment pursuant to this section, another amendment is finally approved pursuant to this section, or an amendment proposed by the legislature is ratified, which affects the same section of the constitution but is compatible with the amendment given first approval, the secretary of state shall publish and resubmit at the next general election the amendment given first approval as a further amendment to the section as amended by the amendment given final approval or ratified. If the amendment finally approved or ratified contradicts in substance the amendment given first approval, the secretary of state shall not submit the amendment given first approval to the voters again.
And be it further
Resolved, That the explanation prepared pursuant to NRS 218.443 for this constitutional amendment must include a statement that, if the qualified electors of this state approve the constitutional amendment proposed by this resolution, legislators would then be entitled to receive, during each regular, annual session and each special session, compensation for each calendar day of service.And be it further
Resolved, That section 12 of article 17 of the constitution of the State of Nevada be repealed.
TEXT OF REPEALED SECTION
Sec: 12. Commencement date of first three legislative sessions; regular sessions of legislature to be held biennially. The first regular session of the Legislature shall commence on the second Monday of December A.D. Eighteen hundred and Sixty Four, and the second regular session of the same shall commence on the first Monday of January A.D. Eighteen hundred and Sixty Six; and the third regular session of the Legislature shall be the first of the biennial sessions, and shall commence on the first Monday of January A.D. Eighteen hundred and Sixty Seven; and the regular sessions of the Legislature shall be held thereafter biennially.
Assemblywoman Buckley moved that the resolution be referred to the Committee on Constitutional Amendments.
Motion carried.
By the Committee on Elections, Procedures, and Ethics:
Assembly Concurrent Resolution No. 1—Adopting the Joint Rules of the Senate and Assembly for the 71st 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 70th session are adopted, with the following changes, as the Joint Rules of the Senate and Assembly for the 71st session of the Legislature:
CONFERENCE COMMITTEES
Rule No. 1. Procedure Concerning.
In every case of an amendment of a bill, or joint or concurrent resolution, agreed to in one House, dissented from in the other, and not receded from by the one making the amendment, each House shall appoint a committee to confer with a like committee to be appointed by the other; and the committee so appointed shall meet publicly at a convenient hour to be agreed upon by their respective chairmen and announced publicly, and shall confer upon the differences between the two Houses as indicated by the amendments made in one and rejected in the other and report as early as convenient the result of their conference to their respective Houses. The report shall be made available to all members of both Houses. The whole subject matter embraced in the bill or resolution shall be considered by the committee, and it may recommend recession by either House, new amendments, new bills or resolutions, or other changes as it sees fit. New bills or resolutions so reported shall be treated as amendments unless the bills or resolutions are composed entirely of original matter, in which case they shall receive the treatment required in the respective Houses for original bills, or resolutions, as the case may be.
The report of a conference committee may be adopted by acclamation, and such action may be considered equivalent to the adoption of amendments embodied therein. The report is not subject to amendment. If either House refuses to adopt the report, or if the first conference committee has so recommended, a second conference committee may be appointed. No member who served on the first committee may be appointed to the second.
There shall be but two conference committees on any bill or resolution. A majority of the members of a conference committee from each House must be members who voted for the passage of the bill or resolution.
MESSAGES
Rule No. 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] inthe 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] inthe Journal of proceedings.
Messages from the Senate to the Assembly shall be delivered by the Secretary or Assistant Secretary, and messages from the Assembly to the Senate shall be delivered by the Chief Clerk or Assistant Chief Clerk.
NOTICE OF FINAL ACTION
Rule No. 3. Communications.
Each House shall communicate its final action on any bill or resolution, or matter in which the other may be interested, by written notice. Each such notice sent by the Senate must be signed by the Secretary of the Senate, or a person designated by the Secretary. Each such notice sent by the Assembly must be signed by the Chief Clerk of the Assembly, or a person designated by the Chief Clerk.
BILLS AND JOINT RESOLUTIONS
Rule No. 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 of their intention to do so is made in open session, sign the bill or joint resolution and their signatures shall be followed by those of the Secretary of the Senate and Chief Clerk of the Assembly.
Rule No. 5. 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, 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 motion based on mutual consentof the houses or byconcurrent 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.]Manner of authorization.
Except for routine salary, travel, equipment and operating expenses, no expenditures shall be made from the Legislative Fund without the authority of a Concurrent Resolution regularly adopted by the Senate and Assembly.
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.
RECORDS OF COMMITTEE PROCEEDINGS
Rule No. 12. Duties of Secretary of Committee and Director.
1. Each standing committee of the Legislature shall cause a record to be made of the proceedings of its meetings.
2. The secretary of a standing committee shall:
(a) Label each record with the date, time and place of the meeting and also indicate on the label the numerical sequence in which the record was made;
(b) Keep the records in chronological order; and
(c) Deposit the records immediately following the final adjournment of 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 records;
(b) Make the records available for accessing by any person during office hours under such reasonable conditions as he may deem necessary;
(c) Maintain a log as a public record containing the date, time, name and address of any person accessing any of the records and identifying the records accessed; and
(d) Retain the records for two bienniums and at the end of that period keep some form or copy of the record in any manner he deems reasonable to ensure access to the record in the foreseeable future.
REAPPORTIONMENT AND REDISTRICTING
Rule No. 13. Responsibility for Measures and Approval of Research Requests.
1. The Committee on Government Affairs of the Senate and the Committee on Elections, 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. These committees are hereby designated as the “redistricting committees” for the purposes of this rule and Joint Standing Rules Nos. 13.1, 13.2, 13.3, 13.4, 13.5 and 13.6.
2. 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 redistricting committees.
Rule No. 13.1. Equality of Representation.
1. In order to meet constitutional guidelines for deviations in population among state legislative districts, no plan, or proposed amendment thereto, will be considered that results in an overall range of deviation in excess of 10 percent, or a relative deviation in excess of plus or minus 5 percent from the ideal district population.
2. The population of each of the Nevada congressional districts must be as nearly equal as is practicable. Any population deviation among the congressional districts from the ideal district population must be necessary to achieve some legitimate state objective. Legitimate state objectives, as judicially determined, include making districts compact, respecting municipal boundaries, preserving the cores of prior districts and avoiding contests between incumbent representatives. In order to meet constitutional guidelines for congressional districts, no plan, or proposed amendment thereto, will be considered that results in an overall range of deviation in excess of 1 percent, or a relative deviation in excess of plus or minus one-half percent from the ideal district population.
3. Equality of population in accordance with the standard for state legislative districts is the goal of redistricting for the State Board of Education and the Board of Regents.
Rule No. 13.2. Population Database.
1. The total state population, and the population of defined subunits thereof, as determined by the 2000 federal decennial census must be the exclusive database for redistricting by the Nevada Legislature.
2. Such 2000 census data as validated by the staff of the Legislative Counsel Bureau must be the exclusive database used for the evaluation of proposed redistricting plans for population equality.
Rule No. 13.3. Districts.
All district boundaries created by a redistricting plan must follow the census geography.
Rule No. 13.4. Procedures of the Redistricting Committees.
1. A legislator or member of the public may present to the redistricting committees any plans or proposals relating to redistricting, including proposals for redistricting specific districts or all the state legislative districts, congressional districts, districts for the Board of Regents or districts for the State Board of Education for consideration by the redistricting committees.
2. Bill draft requests, including bills in skeletal form, setting forth specific boundaries of the state legislative districts, congressional districts, districts for the Board of Regents or districts for the State Board of Education, and amendments affecting a majority of the state legislative districts, may only be requested by the chairmen of the redistricting committees.
3. The chairmen of the redistricting committees are limited to one request each for a bill draft setting forth the specific boundaries of the state legislative districts, one request each for a bill draft setting forth the specific boundaries of the congressional districts, one request each for a bill draft setting forth the specific boundaries of the districts for the Board of Regents and one request each for a bill draft setting forth the specific boundaries of the districts of the State Board of Education. At the direction of the chairman of the redistricting committee, the bill draft requests setting forth the specific boundaries of the state legislative districts, the congressional districts, districts for the Board of Regents and districts for the State Board of Education may be combined in any manner.
Rule No. 13.5. Compliance with the Voting Rights Act.
1. The redistricting committees will not consider a plan that discernibly violates section 2 of the Voting Rights Act, codified as 42 U.S.C. § 1973(a), which prohibits any state from imposing any voting qualification, standard, practice or procedure that results in the denial or abridgment of any United States citizen’s right to vote on account of race, color or status as a member of a language minority group.
2. The redistricting committees will not consider a plan that is discernibly racially gerrymandered. Racial gerrymandering exists when:
(a) Race is the dominant and controlling rationale in drawing district lines; and
(b) The Legislature subordinates traditional districting principles to racial considerations.
For the purposes of this subsection, “traditional
districting principles” are those traditional redistricting principles that
have been judicially recognized and include compactness of districts, contiguity
of districts, preservation of political subdivisions, preservation of
communities of interest, preservation of cores of prior districts, protection
of incumbents and compliance with section 2 of the Voting Rights Act, 42 U.S.C.
§ 1973 (2).
3. For the purpose of analyzing the 2000 census data, the redistricting committees shall adopt the method set forth in the Office of Management and Budget (OMB) Bulletin No. 00-02 for aggregating and allocating the 63 categories of race data that will be reported to Nevada by the United States Census Bureau as part of the federal decennial census.
Rule No. 13.6. Public Participation.
1. The redistricting committees shall seek and encourage:
(a) Public participation in all aspects of the reapportionment and redistricting activities; and
(b) The widest range of public input into the deliberations relating to those activities.
2. Notices of all meetings of the redistricting committees must be transmitted to any member of the public who so requests, without charge.
3. All interested persons are encouraged to appear before the redistricting committees and to provide their input regarding the reapportionment and redistricting activities. The redistricting committees shall afford a reasonable opportunity to any interested persons to present plans, or amendments to plans for redistricting, unless such plans demonstrably fail to meet the minimally acceptable criteria set forth in this rule and Joint Standing Rules Nos. 13, 13.1, 13.2, 13.3, 13.4 and 13.5.
4. Each of the redistricting committees, either jointly or separately, shall hold at least one hearing in the southern portion of this state and at least one hearing in a rural portion of this state to allow residents throughout the state an opportunity to participate in the deliberations relating to the reapportionment and redistricting activities.
5. The Legislative Counsel Bureau shall make available to the public copies of the validated 2000 census database for the cost of reproducing the database.
6. The redistricting committees shall make available for review by the public, copies of all maps prepared at the direction of the committees.
LIMITATIONS ON INTRODUCTION AND REQUESTS FOR
DRAFTING OF LEGISLATIVE MEASURES
Rule No. 14. Limitations on Drafting and Requirements for Introduction; Duplicative Measures; Indication of Requester on Committee Introductions.
1. Except as otherwise provided in subsection 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:
(a) Two requests from each Assemblyman; and
(b) Four requests from each Senator,
for the drafting of a bill[.] or resolution.
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[.] for the drafting of a bill. 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 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.
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.
8. [Simple and concurrent resolutions] Resolutionsrequested by or on behalf of a standing committee may be introduced by an individual member.
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.
10. A legislator may not change the subject matter of a request for a legislative measure after it has been submitted 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 may only be introduced on or before:
(1) The 10th calendar day following delivery of the introductory copy of the bill; or
(2) The last day for introduction of the bill as required by paragraph (d),
whichever
is earlier.
(b) If a bill 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. The revised bill may only be introduced on or before:
(1) The 15th calendar day following delivery of the original introductory copy of the bill; or
(2) The last day for introduction of the bill as required by paragraph (d),
whichever
is earlier.
(c) If the bill 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. A bill 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
(2) The last day for introduction of the bill as required by paragraph (d),
whichever
is earlier.
(d) Except as otherwise provided in subsection 3, the last day for introduction of a bill 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 the final date on which the bill may be introduced.
3. If the final date on which the bill may be introduced falls upon a day on which the House in which the bill is to be introduced is not in session, the bill may be introduced on the next day that the House is in session.
SCHEDULE FOR ENACTMENT OF BILLS
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 is referred in its House of origin may only take action on the bill on or before the [68th] 71st calendar day of the legislative session. A bill 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] bill is exempt pursuant to subsection 1 of Joint Standing Rule No. 14.6 . [that the bill is exempt.]
2. Final action on a bill may only be taken by the House of origin on or before the [78th] 82nd calendar day of the legislative session.
3. The final standing committee to which a bill is referred in the second House may only take action on the bill on or before the [103rd] 106th calendar day of the legislative session. A bill 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] bill is exempt pursuant to subsection 1 of Joint Standing Rule No. 14.6 . [that the bill is exempt.]
4. Final action on a bill may only be taken by the second House on or before the [110th] 113th 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.]
No
notice of reconsideration of any final vote on a bill is in order on the last
day on which final action is allowed.
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 each bill or resolution 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 or select 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 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 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 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 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.
6. No notice of reconsideration or any final vote on a bill is in order on the last day on which final action is allowed by a waiver.
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 which [has] :
(a) Contains an appropriation; or
(b) Has been determined by the Fiscal Analysis Division to:
[(a) Contain an appropriation;
(b)] (1) Authorize the expenditure by a state agency of sums not appropriated from the state general fund or the state highway fund;
[(c)] (2) Create or increase any significant fiscal liability of the state;
[(d)] (3) Implement a budget decision; or
[(e)] (4) 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 the term “exempt” for any bills
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 which is determined to be exempt after it is printed. A
notation of each exemption granted after the bill was printed must be included
as a part of the history of the bill on the next practicable legislative day.
The term “exempt” must be printed on the face of all subsequent reprints of the
bill.
2. [All] Unless exempt pursuant to paragraph (a) of subsection 1, all of the provisions of Joint Standing Rules Nos. 14, 14.2 and 14.3 apply to a bill until it is determined to be exempt pursuant to subsection 1. A bill determined to be exempt does not lose the exemption regardless of subsequent actions taken by the Legislature.
3. A cumulative list of all bills 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 required to carry out the business of the Legislature.
(b) A [joint, concurrent or simple resolution.] bill returned from enrollment for a technical correction.
(c) A bill that was previously enrolled but, upon request of the legislature, has been returned from the Governor for further consideration.
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 Floor Leader and Minority FloorLeader of the Assembly extends during the interim between regular sessions of the Legislature.
2. The Senators designated to be the President pro Tem, Majority Leader and Minority Leader for the next succeeding regular session shall perform any statutory duty required in the period between the time of their designation after the general election and the organization of the next succeeding regular session of the Legislature if the Senator formerly holding the respective position is no longer a Legislator.
3. The Assemblymen designated to be the Speaker, Speaker pro Tem, Majority Floor Leader and Minority Floor Leader for the next succeeding regular session shall perform any statutory duty required in the period between the time of their designation after the general election and the organization of the next succeeding regular session.
INTRODUCTION OF
LEGISLATION REQUESTED
BY STATE OR LOCAL GOVERNMENT
Rule No. 16. Delivery of Bill Drafts Requested by State Agencies and Local Governments.
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.
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.
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 [92nd] 89th calendar 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 and lobbyists. Each member and lobbyist is responsible to conduct himself or herself in a manner which will ensure that others are able to work in such an environment.
2. In accordance with Title VII of the Civil Rights Act, for the purposes of this rule, “sexual harassment” means unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature when:
(a) Submission to such conduct is made either explicitly or implicitly a term or condition of a person’s employment;
(b) Submission to or rejection of such conduct by a person is used as the basis for employment decisions affecting the person; or
(c) Such conduct has the purpose or effect of unreasonably interfering with a person’s work performance or creating an intimidating, hostile or offensive working environment.
3. Each person subject to these rules must exercise his own good judgment to avoid engaging in conduct that may be perceived by others as sexual harassment. The following noninclusive list provides illustrations of conduct that the Legislature deems to be inappropriate:
(a) Verbal conduct such as epithets, derogatory comments, slurs or unwanted sexual advances, invitations or comments;
(b) Visual conduct such as derogatory posters, photography, cartoons, drawings or gestures;
(c) Physical conduct such as unwanted touching, blocking normal movement or interfering with the work directed at a person because of his sex;
(d) Threats and demands to submit to sexual requests to keep a person’s job or avoid some other loss, and offers of employment benefits in return for sexual favors; and
(e) Retaliation for opposing, reporting or threatening to report sexual harassment, or for participating in an investigation, proceeding or hearing conducted by the Legislature or the Nevada Equal Rights Commission or the federal Equal Employment Opportunity Commission,
when
submission to such conduct is made either explicitly or implicitly a term or
condition of a person’s employment or submission to or rejection of such
conduct by a person is used as the basis for employment decisions affecting the
person or such conduct has the purpose or effect of unreasonably interfering
with a person’s work performance or creating an intimidating, hostile or
offensive working environment.
4. A person may have a claim of sexual harassment even if he has not lost a job or some other economic benefit. Conduct that impairs a person’s ability to work or his emotional well-being at work constitutes sexual harassment.
5. If a legislator believes he is being sexually harassed on the job, he may file a written complaint with:
(a) The Speaker of the Assembly;
(b) The Majority Leader of the Senate; or
(c) The Director of the Legislative Counsel Bureau, if the complaint involves the conduct of the Speaker of the Assembly or the Majority Leader of the Senate.
The
complaint must include the details of the incident or incidents, the names of
the persons involved and the names of any witnesses.
6. Except as otherwise provided in subsection 7, the Speaker of the Assembly or the Majority Leader of the Senate, as appropriate, shall refer a complaint received pursuant to subsection 5 to a committee consisting of legislators of the same House. A complaint against a lobbyist may be referred to a committee in either House.
7. If the complaint involves the conduct of the Speaker of the Assembly or the Majority Leader of the Senate, the Director of the Legislative Counsel Bureau shall refer the complaint to the Committee on Elections, Procedures, and Ethics of the Assembly or the Committee 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.
8. The committee to which the complaint is referred shall immediately conduct a confidential and discreet investigation of the complaint. As a part of the investigation, the committee shall notify the accused of the allegations. The committee shall facilitate a meeting between the complainant and the accused to allow a discussion of the matter, if both agree. If the parties do not agree to such a meeting, the committee shall request statements regarding the complaint from each of the parties. Either party may request a hearing before the committee. The committee shall make its determination and inform the complainant and the accused of its determination as soon as practicable after it has completed its investigation.
9. If the investigation reveals that sexual harassment has occurred, the Legislature will take appropriate disciplinary or remedial action, or both. The committee shall inform the complainant of any action taken. The Legislature will also take any action necessary to deter any future harassment.
10. The Legislature will not retaliate against a person who files a complaint and will not knowingly permit any retaliation by the person’s supervisors or coworkers.
11. The Legislature encourages a person to report any incident of sexual harassment immediately so that the complaint can be quickly and fairly resolved.
12. Action taken by a complainant pursuant to this rule does not prohibit the complainant from also filing a complaint of sexual harassment with the Nevada Equal Rights Commission or the federal Equal Employment Opportunity Commission.
13. All legislators and lobbyists are responsible for adhering to the provisions of this policy. The prohibitions against engaging in sexual harassment and the protections against becoming a victim of sexual harassment set forth in this policy apply to employees, legislators, lobbyists, vendors, contractors, customers and visitors to the Legislature.
14. This policy does not create any enforceable legal rights in any person.
VOTE ON GENERAL APPROPRIATION BILL
Rule No. 21. Waiting Period Between Introduction and Final Passage.
A period of at least 24 hours must elapse between the introduction of the general appropriation bill and a vote on its final passage by its house of origin.
USE OF LOCK BOXES BY STATE AGENCIES
Rule No. 22. Duties of Senate Standing Committee on Finance and Assembly Standing Committee on Ways and Means.
To expedite the deposit of state revenue, the Senate Standing Committee on Finance and the Assembly Standing Committee on Ways and Means shall, when reviewing the proposed budget of a state agency which collects state revenue, require if practicable, the agency to deposit revenue that it has received within 24 hours after receipt. The committees shall allow such agencies to deposit the revenue directly or contract with a service to deposit the revenue within the specified period.
Assemblywoman Giunchigliani moved the adoption of the resolution.
Remarks by Assemblywoman Giunchigliani.
Resolution adopted.
Assemblywoman Giunchigliani moved that all rules be suspended and that the resolution be immediately transmitted to the Senate.
Motion carried unanimously.
By the Committee on Elections, Procedures, and Ethics:
Assembly Resolution No. 1—Providing for the appointment of attachés.
Resolved by the Assembly of the State of Nevada, That the following persons are elected as attachés of the Assembly for the 71st session of the Legislature of the State of Nevada: Patricia R. Williams, Lucinda Benjamin, Matthew Baker, Diane Keetch, Mary Matheus, Jason Hataway, Harle Glover, Terry Sullivan, Aleta Grashius, Marlo Harding, Megan Strong, Gregorio D. Torres, Lucas Watson, Jeanne Douglass, Nanita Moore, Paula Winne, Kathryn Alden, Linda Corbett, Barbara Houger, Linda Cooper, Karen Crawford, Heather Collins, Reba Coombs, Cecile Crofoot, Kristi Geiser, Marge Griffin, Marilyn Jayne, Nykki Kinsley, Kelly Minton, Betty Phenix, Jackie L. Valley, Andrea Carothers, Cindy Clampitt, Lila Clark, Bonnie Compton Lopez, Connie Davis, Mary Drake, Kathryn Ely, Kathryn Fosnaugh, Glenda Jacques, Margaret Judge, Erin Knowles, Rebekah Langhoff, Virginia Letts, Cheryl Meyers, Sue Modarelli, Patty Moody, Gerlean Mosey, Linda Lee Nary, Darlene Nevin, Deborah Rengler, June Rigsby, Darlene Rubin, Sharon Scudder, Linda Smith, Carol J. Thomsen, Joan Tuntland, Linda Utt, Ann Van Nostrand, Eric Anderlohr, Mary Bean, Valorie Belknap, Stephany Corral, Nancy Dickson, Donna Esposito, Hilary Graunke, Donna Hancock, Joyce G. Hess, Millicent Jorgenson, Connie Kight, JoAnn Kula, Dawn Lee, Yhvona Martin, Carolyn J. Maynick, Jolene Jones Miley, Molly Mills, Leona Nielson, Kathryn Oetting, Diane Rea, Sheila Sease, Jasmine Shackley, Janet Stokes, Claudette J. Thompson, Barbara Urbani, Novella Watson-Lee, June Bennett, Julayne McCarly Le Bas, Maxine Milabar, Bruce Pfeiffer, Eddie Cordisco, Jr., Mary Carel, Jennifer Anzalone, Kenneth Beaton, Norm Budden, John Davis, Jr., David Dickson, John Gaskill, Joyce E. Ghiselli, Juanita Heston, Steven Honey, Lois LaHair, Khristina Lamoreaux, Ray Mager, Bob Maynick, Reid Meyer, Kiyoshi Nishikawa, Jesse N. Pickett, Brandi Sargent, Lavern Souza-LaFleur and Elizabeth Tetz.
Assemblywoman Giunchigliani moved the adoption of the resolution.
Remarks by Assemblywoman Giunchigliani.
Resolution adopted.
By the Committee on Elections, Procedures, and Ethics:
Assembly Resolution No. 2—Providing allowances to the leadership and other members of the Assembly for periodicals, stamps, stationery and communications.
Assemblywoman Giunchigliani moved the adoption of the resolution.
Remarks by Assemblywoman Giunchigliani.
Resolution adopted.
By the Committee on Elections, Procedures, and Ethics:
Assembly Resolution No. 3—Adopting the Standing Rules of the Assembly for the 71st legislative session.
I. OFFICERS AND EMPLOYEES
Duties of Officers
Rule No. 1. Speaker of the Assembly.
1. All officers of the Assembly are subordinate to the Speaker in all that relates to the prompt, efficient and correct discharge of their official duties under the Speaker’s supervision.
2. Possessing the powers and performing the duties described in this rule, the Speaker shall:
(a) Take the chair at the hour to which the Assembly stands adjourned, call the members to order, and upon the appearance of a quorum, proceed to business.
(b) Preserve order and decorum and have general direction of the chamber of the Assembly and the approaches thereto. In the event of any disturbance or disorderly conduct therein, order the same to be cleared.
(c) Decide all questions of order, subject to a member’s right to appeal to the Assembly. On appeal from such decisions, the Speaker has the right, in the Speaker’s place, to assign the reason for the decision.
(d) Have the right to name any member to perform the duties of the chair, but such substitution must not extend beyond one legislative day.
(e) When the Assembly resolves itself into Committee of the Whole, name a chairman to preside thereover and call him to the chair.
(f) Have the power to accredit the persons who act as representatives of the news media and assign them seats.
(g) Sign all bills and resolutions passed by the Legislature as provided by law.
(h) Sign all subpoenas issued by the Assembly . [or any committee thereof.]
(i) Receive all messages and communications from other departments of the government and announce them to the Assembly.
(j) Represent the Assembly, declare its will and in all things obey its commands.
(k) Vote on final passage of a bill or resolution, but the Speaker shall not be required to vote in ordinary legislative proceedings except where the Speaker’s vote would be decisive. In all yea and nay votes, the Speaker’s name must be called last.
3. If a vacancy occurs in the office of Speaker, through death, resignation or disability of the Speaker, the Speaker pro Tempore shall temporarily and for the period of vacancy or disability conduct the necessary business of the Assembly.
4. If a permanent vacancy occurs in the office of Speaker, the Assembly shall select a new Speaker.
Rule No. 2. Reserved.
Rule No. 3. Reserved.
Rule No. 4. Reserved.
Rule No. 5. Reserved.
Rule No. 6. Reserved.
The next rule is 10.
II. SESSIONS AND MEETINGS
Rule No. 10. Time of Meeting.
The Assembly shall meet each day at 11 a.m., unless the Assembly adjourns to some other hour.
Rule No. 11. Open Meetings.
All meetings of the Assembly and its [standing] committees must be open to the public.
Rule No. 12. Reserved.
The next rule is 20.
III. DECORUM AND DEBATE
Rule No. 20. Points of Order.
If any member, in speaking or otherwise, transgresses the rules of the Assembly, the Speaker shall, or any member may, call to order, in which case the member so called to order shall immediately sit down, unless permitted to explain; and if called to order by a member, such member shall immediately state the point of order. If the point of order be sustained by the presiding officer, the member shall not be allowed to proceed; but if it be not sustained, then he shall be permitted to go on. Every such decision from the presiding officer shall be subject to an appeal to the House; but no discussion of the question of order shall be allowed unless an appeal be taken from the decision of the presiding officer.
Rule No. 21. [Reserved.] Portable electronic communication devices.
1. A person who is within the Assembly Chambers shall not engage in a telephone conversation via the use of a portable telephone.
2. Before entering the Assembly Chambers, any person who possesses a portable electronic communication device, such as a pager or telephone, that emits an audible alert, such as a ringing or beeping sound, to signal an incoming message or call shall turn the audible alert off. A device that contains a nonaudible alert, such as a silent vibration, may be operated in a nonaudible manner within the Assembly Chambers.
Rule No. 22. Reserved.
Rule No. 23. Committee on Ethics; Legislative Ethics.
1. The Committee on Ethics consists of:
(a) Two members of the Assembly appointed by the Speaker from the majority political party;
(b) One member of the Assembly appointed by the Minority Leader from the minority political party; and
(c) Two qualified electors of the state chosen by the members of the committee who are appointed pursuant to paragraphs (a) and (b), neither of whom is a present or former member of the Legislature or employed by the State of Nevada.
2. The Speaker shall appoint two members of the Assembly, one from the majority political party and one from the minority political party to serve as alternate members of the committee. If a member is disqualified, the alternate appointed from the same political party shall serve as a member of the committee during the consideration of a specific question.
3. A member is disqualified if he is the requester of advice concerning a question of ethics or conflict of interest, or if the advice is requested by another member of the Assembly and a reasonable person in his situation could not exercise independent judgment on the matter in question.
4. The committee shall hear complaints on alleged breaches of ethics and conflicts of interest, brought by Legislators and others, and it may advise Legislators on questions of breaches of ethics and conflicts of interest. All proceedings held to consider the character, alleged misconduct, professional competence or physical or mental health of any person by the committee on matters of ethics or conflicts of interest are confidential unless a Legislator:
(a) Against whom a complaint is brought requests a public hearing;
(b) Discloses the opinion of the committee at any time after his hearing; or
(c) Discloses the content of an advisory opinion issued to him by the committee.
5. A complaint which alleges a breach of ethics or a conflict of interest must be in writing and signed by the person making the allegation. The complaint must be filed with the chairman. The chairman shall send a copy of the complaint, within 24 hours after receiving it, to the Legislator against whom the complaint is brought.
6. The criterion to be applied by the committee in determining whether a Legislator has a conflict of interest is whether the independence of judgment of a reasonable person in his position upon the matter in question would be materially affected by:
(a) His acceptance of a gift or loan; or
(b) His private economic interest.
7. A Legislator who determines that he has a conflict of interest may vote upon, advocate or oppose any measure as to which a potential conflict exists if he makes a general disclosure of the conflict. In determining whether to vote upon, advocate or oppose the measure, the Legislator should consider whether:
(a) The conflict impedes his independence of judgment;
(b) His participation will produce a negative effect on the public’s confidence in the integrity of the Legislature;
(c) His participation is likely to have any significant effect on the disposition of the measure; and
(d) His interest is greater than the interests of an entire class of persons similarly situated.
The next rule is 30.
IV. QUORUM, VOTING, ELECTIONS
Rule No. 30. Manner of Voting.
1. The presiding officer shall declare all votes, but the yeas and nays must be taken when called for by three members present, and the names of those calling for the yeas and nays must be entered in the Journal by the Chief Clerk.
2. The presiding officer shall call for yeas and nays by a division or by a roll call, either electronic or oral.
3. When taking the yeas and nays on any question, the electronic roll call system may be used, and when so used shall have the force and effect of any roll call under these rules.
4. When taking the yeas and nays by oral roll call, the Chief Clerk shall take the names of members alphabetically, except that the Speaker’s name must be called last.
5. The electronic roll call system may be used to determine the presence of a quorum.
6. The yeas and nays must not be taken with the electronic roll call system until all members present are at their desks. The presiding officer may vote at the rostrum.
7. Only a member[,] who:
(a) Has been certified by the Committee on [Credentials] Elections, Procedures, and Ethics or special committee of the Assembly[,] ; and
(b) Is physically present within the Assembly Chambers,
may cast a vote in the Assembly.
8. A member shall not vote for another member on any roll call, either electronic or oral. Any member who votes for another member may be punished in any manner deemed appropriate by the Assembly.
Rule No. 31. Reserved.
Rule No. 32. Announcement of the Vote.
1. A member may change his vote at any time before the announcement of the vote if the voting is by voice, or at any time before the votes are electronically recorded if the voting is conducted electronically.
2. The announcement of the result of any vote shall not be postponed.
Rule No. 33. Voting by Division.
Upon a division and count of the Assembly on any question, no person without the bar shall be counted.
The next rule is 40.
V. LEGISLATIVE BODIES
Rule No. 40. Standing Committees.
The standing committees of the Assembly are as follows:
1. Ways and Means, fourteen members.
2. Judiciary, fourteen members.
3. Taxation, [thirteen] twelve members.
4. Education, twelve members.
5. Elections, Procedures, and Ethics, [nine] twelve members.
6. Natural Resources, Agriculture, and Mining, [thirteen] twelve members.
7. Transportation, [thirteen] twelve members.
8. Commerce and Labor, fourteen members.
9. Health and Human Services, twelve members.
10. Government Affairs, fourteen members.
11. Constitutional Amendments, [seven] eight members.
Rule No. 41. Appointment of Committees.
1. Except as otherwise provided in Assembly Standing Rule No. 23, all committees must be appointed by the Speaker, unless otherwise directed by the Assembly. The Speaker shall designate the chairman and vice chairman of each committee.
2. To facilitate the full participation of the members during an adjournment called pursuant to NRS 218.115, the Speaker may temporarily appoint a member to a standing committee that is scheduled to meet during the adjournment if none of the committees to which the member is regularly assigned will be meeting during the adjournment.
Rule No. 42. Committee Action.
1. The committee shall have regular meetings scheduled by the Assembly leadership. A quorum of the committee is a majority of its members and may transact business except as limited by this rule.
2. [Motions may be moved, seconded and passed by voice vote by] Except as limited by this rule, a simple majority of those present[.] may move, second and pass a motion by voice vote.
3. Definite action on a bill or resolution will require a majority of the entire committee.
4. A two-thirds majority of [all] the entire committee is required to reconsider action on a bill or resolution.
5. Committee introduction of legislative measures which are not prefiled requires concurrence of two-thirds of the entire committee and does not imply commitment to support final passage.
6. The chairman shall vote on all final action regarding bills or resolutions.
7. No member of the committee may vote by proxy under any circumstances.
8. A committee shall not take a vote on the question of whether to exercise its statutory authority to issue a legislative subpoena unless the chairman has informed the Speaker of the intention of the committee to consider such a question.
Rule No. 43. Subcommittees.
Subcommittees made up of committee members may be appointed by the chairman to consider and report back on specific subjects or bills.
Rule No. 44. Committee on Elections, Procedures, and Ethics.
The Committee on Elections, Procedures, and Ethics has jurisdiction over matters relating to personnel. It shall recommend by resolution the appointment of all attachés and employees of the Assembly not otherwise provided for by law. It may suspend or remove any such attaché or employee for incompetency or dereliction of duty. It shall function as the Committee on Rules and as the Committee on Credentials of the Assembly.
Rule No. 45. Procedure for Election Contests.
1. Upon receipt of a statement of contest from the Secretary of State pursuant to NRS 293.427, the Speaker shall, as soon as practicable, appoint a special committee to hear the contest or refer the contest to the Standing Committee on Elections, Procedures, and Ethics. The committee shall conduct a hearing to consider the contest. The committee shall keep written minutes of the hearing. The contestant has the burden of proving that any irregularities shown were of such a nature as to establish that the result of the election was changed thereby.
2. The contest must be submitted so far as may be possible upon depositions or by written or oral arguments as the Assembly may order. Any party to a contest may take the deposition of any witness at any time after the statement of contest is filed with the Secretary of State and before the contest is finally decided. At least 3 days’ notice must be given to the prospective deponent and to the other party. If oral statements are made at any hearing before the Assembly or a committee thereof which purport to establish matters of fact, they must be made under oath. Strict rules of evidence do not apply.
3. The committee shall, not later than 5 calendar days after the contest was referred to the committee, report to the Assembly its findings on whether the contestant has met the burden of proving that any irregularities shown were of such a nature as to establish that the result of the election was changed thereby. The committee shall then report to the Assembly its recommendation on which person should be declared elected or report that it has no recommendation. The Assembly shall, as soon as practicable thereafter but not later than 7 calendar days after the Speaker received the statement of contest, vote whether to accept or reject the committee’s recommendation without amendment, if a recommendation is made. If the recommendation is accepted, the Speaker shall declare the recommended person elected. If the recommendation is rejected or the committee did not make a recommendation, the Assembly shall consider immediately which person should be declared elected. The Speaker shall not adjourn the Assembly until it has declared a person to be elected.
4. The Speaker shall inform the Governor of the identity of the person declared to be elected by the Assembly.
Rule No. 46. Committee Action on Reports.
Committee reports must be adopted at a committee session actually assembled and meeting as a committee with a quorum present. Every committee vote on a matter pertaining to a bill or resolution must be recorded. The vote may be taken by roll call at the discretion of the chairman.
Rule No. 47. Committee Records.
The chairman of each committee shall keep, or cause to be kept, a complete record of the committee proceedings in which there must be entered:
1. The time and place of each meeting;
2. The attendance and absence of members;
3. The names of all persons appearing before the committee, with the names of persons, firms, corporations or associations in whose behalf such appearance is made; and
4. The subjects or measures considered and action taken.
Rule No. 48. Disposition of Committee Records.
All minutes, records and documents in the possession of committees and their chairmen must be filed in the offices of the Legislative Counsel Bureau upon adjournment sine die.
Rule No. 49. Committee Hearings.
1. The presence of a quorum of the committee is desirable but not required to conduct a public hearing. At the discretion of the chairman, members of the committee may attend, participate in and, if applicable, vote during the hearing via simultaneous telephone or video conference.
2. Public hearings are opened by the chairman who announces the subject under consideration and provides for those wishing to address the committee to be heard. These persons shall rise in an order determined by the chairman, address the chair and furnish their names, addresses and firms or other organizations represented. Committee members may address the chairman for permission to question the witness. [When all persons present have been heard, the chairman may declare closed the portion of the meeting wherein the committee will accept public testimony on the matter before proceeding to other matters.]
Rule No. 50. Reserved.
Rule No. 51. Reserved.
Rule No. 52. Concurrent Referrals.
When a bill or resolution is referred to two committees , the bill or resolution must go to the first committee named. If the first committee votes to amend the bill or resolution, it must be reprinted with amendments and then returned to the first committee or sent immediately to the next committee. If there is no amendment proposed by the first committee, or if the first committee acts upon the bill or resolution after amendment, the bill or resolution must be sent with the committee recommendation immediately to the second committee.
The next rule is 60.
VI. RULES GOVERNING MOTIONS
Rule No. 60. Entertaining.
No motion may be debated until it is distinctly announced by the presiding officer. If desired by the presiding officer or any member, the motion must be reduced to writing and be read by the Chief Clerk before the motion is debated. A motion may be withdrawn by the maker at any time before amendment or before the motion is put to vote.
Rule No. 61. Reserved.
Rule No. 62. Reserved.
Particular Motions
Rule No. 63. Reserved.
Rule No. 64. Reserved.
Rule No. 65. Indefinite Postponement.
When a question is postponed indefinitely, the same question must not be considered again during the session and the question is not subject to a motion for reconsideration.
Rule No. 66. To Strike Enacting Clause.
A motion to strike out the enacting clause of a bill or resolution does not take precedence over any other subsidiary motion. If the motion is carried, it shall be considered equivalent to the rejection of such bill or resolution.
Rule No. 67. Division of Question.
Any member may call for a division of the question, which shall be divided, if it comprehends propositions in substance so distinct that, one being taken away, a substantive proposition shall remain for the decision of the Assembly. A motion to strike out being lost shall preclude neither amendment nor a motion to strike out and insert. A motion to strike out and insert shall be deemed indivisible.
Rule No. 68. To Reconsider—Precedence of.
A motion to reconsider shall have precedence over every other motion, except a motion to adjourn, or to fix the time to which to adjourn; and when the Assembly adjourns, while a motion to reconsider is pending, or before passing the order of business of Motions, Resolutions and Notices, the right to move a reconsideration shall continue to the next day of sitting. No notice of reconsideration of any final vote shall be in order on the [day] :
1. Last day on which final action is allowed; or
2. Day preceding the last day of the session.
The next rule is 80.
VII. DEBATE
Rule No. 80. Speaking on Question.
No member shall speak more than twice during the consideration of any one question, on the same day, and at the same stage of proceedings, without leave. Members who have once spoken shall not again be entitled to the floor (except for explanation) to the exclusion of others who have not spoken.
Rule No. 81. Previous Question.
The previous question shall be put only when demanded by three members. The previous question shall not be moved by the member last speaking on the question.
Rule No. 82. Privilege of Closing Debate.
The author of a bill, a resolution or a main question shall have the privilege of closing the debate, unless the previous question has been sustained.
The next rule is 90.
VIII. CONDUCT OF BUSINESS
A. Rules and Procedure
Rule No. 90. Mason’s Manual.
The rules of parliamentary practice contained in Mason’s Manual of Legislative Procedure shall govern the Assembly in all cases in which they are applicable and in which they are not inconsistent with the Standing Rules and orders of the Assembly, and the Joint Rules of the Senate and Assembly.
Rule No. 91. Rescission, Change or Suspension of Rule.
No standing rule or order of the Assembly shall be rescinded or changed without a vote of two-thirds of the members elected, and one day’s notice being given of the motion therefor; but a rule or order may be suspended temporarily by a vote of two-thirds of the members present.
Rule No. 92. Notices of Bills, Topics and Public Hearings.
1. Except as otherwise provided in subsection 3, all committees shall provide adequate notice of public hearings on bills, resolutions or other topics which are to come before the committees. The notice must include the date, time, place and agenda to be covered. The notice must be posted conspicuously in the legislative building, appear in the daily history and be made available to the news media. The daily history must include the most current version of the notice that is available at the time the daily history is created and an informational statement informing the public where more current information, if any, regarding such notices may be found.
2. The noticing requirements of this rule may be suspended for emergency situations but only after approval by a two-thirds vote of a committee.
3. Subsection 1 does not apply to:
(a) Committee meetings held on the floor of the Assembly during a recess; or
(b) Conference committee meetings.
Rule No. 93. Reserved.
Rule No. 94. Privilege of the Floor and Lobbying.
No person, except Senators, former Assemblymen and state officers, may be admitted at the bar of the Assembly, except by special invitation on the part of some member; but a majority may authorize the Speaker to have the Assembly cleared of all such persons. No person may do any lobbying upon the floor of the Assembly at any time, and it is the duty of the Sergeant at Arms to remove any person violating any of the provisions of this rule.
Rule No. 95. Material Placed on Legislators’ Desks.
All papers, letters, notes, pamphlets and other written material placed upon an Assemblyman’s desk shall contain the signature of the Legislator requesting the placement of such material on the desk or shall contain a designation of the origin of such material. This rule does not apply to books containing the legislative bills and resolutions, the legislative daily histories, the legislative daily journals or Legislative Counsel Bureau material.
Rule No. 96. Peddling, Begging and Soliciting.
1. Peddling, begging and soliciting are strictly forbidden in the Assembly Chamber, and in the lobby, gallery and halls adjacent thereto.
2. No part of [said chamber or halls] the Assembly Chamber may be used for, or occupied by signs or other devices for any kind of advertising.
3. No part of the hallways adjacent to the Assembly Chambers may be used for or occupied by signs or other devices for any kind of advertising for commercial or personal gain. Notices for nonprofit, nonpartisan, civic or special legislative events may be posted in a designated area of the hallways adjacent to the Assembly Chambers with the approval of the Chief Clerk.
Rule No. 97. Petitions and Memorials.
Petitions, memorials and other papers addressed to the Assembly, shall be presented by the Speaker, or by a member in the Speaker’s place. A brief statement of the contents thereof shall be made by the introducer. They shall not be debated on the day of their being presented, but shall be on the table, or be referred, as the Assembly shall determine.
Rule No. 98. Request of Purpose.
A member may request the purpose of a bill or joint resolution upon its introduction.
Rule No. 99. Remarks.
It shall be in order for members to make remarks and to have such remarks entered in the Journal.
Rule No. 100. Precedence of Parliamentary Authority.
The precedence of parliamentary authority in the Assembly is:
1. The Constitution of the State of Nevada.
2. The Statutes of the State of Nevada.
3. The Standing Rules of the Assembly and the Joint Standing Rules of the Senate and Assembly.
4. Mason’s Manual of Legislative Procedure.
Rule No. 101. Reserved.
Rule No. 102. [Reserved.] Privileged Questions.
Privileged questions have precedence of all others in the following order:
1. Motions to fix the time to which the Assembly shall adjourn.
2. Motions to adjourn.
3. Questions relating to the rights and privileges of the Assembly or any of its members.
4. A call of the House.
5. Motions for special orders.
Rule No. 103. Reserved.
B. Bills
Rule No. 104. Reserved.
Rule No. 105. Substitute Bills.
A substitute bill shall be deemed and held to be an amendment, and treated in all respects as such. However, a substitute bill may be amended after its adoption, in the same manner as if it were an original bill.
Rule No. 106. Skeleton Bills.
The introduction of skeleton bills is authorized when, in the opinion of the sponsor and the Legislative Counsel, the full drafting of the bill would entail extensive research or be of considerable length. A skeleton bill will be provided for purposes of introduction and committee referral. Such a bill will be a presentation of ideas or statements of purpose, sufficient in style and expression to enable the Legislature and the committee to which the bill may be referred to consider the substantive merits of the legislation proposed.
Rule No. 107. Reserved.
Rule No. 108. Reserved.
Rule No. 109. Reading of Bills.
The presiding officer shall announce at each reading of a bill whether it be the first, second or third reading. The first reading of a bill shall be for information. If there is objection, the question shall be, “Shall the bill be rejected?” If the question to reject fails to receive a majority vote by the members present, or if there is no objection, the bill shall take the proper course. No bill shall be referred to a committee until after the first reading, nor amended until after the second reading.
Rule No. 110. Second Reading and Amendment of Bills.
1. All bills must be read the second time on the first legislative day after which they are reported by committee, unless a different day is designated by motion. Upon second reading, Assembly bills reported without amendments shall be placed on the General File and Senate bills reported without amendments shall be placed on the General File. Committee amendments reported with bills shall be considered upon their second reading, and such amendments may be adopted by a majority vote of the members present. Any amendment which is numbered, copied and made available to all members must be moved and voted upon by number unless any member moves that it be read in full. Assembly bills so amended must be reprinted, engrossed, and placed on the General File. Senate bills so amended must be reprinted, then engrossed or reengrossed, as applicable, and placed on the General File.
2. Any member may move to amend a bill during its second or third reading, and such a motion to amend may be adopted by a majority vote of the members present. Bills so amended on second reading must be treated the same as bills with committee amendments. Any bill so amended upon the General File must be reprinted and then engrossed or reengrossed, as applicable.
3. The reprinting of amended bills may be dispensed with only in accordance with the provisions of law.
Rule No. 111. Consent Calendar.
1. A standing committee may by unanimous vote of the members present report a bill with the recommendation that it be placed on the consent calendar. The question of recommending a bill for the consent calendar may be voted upon in committee only after the bill has been recommended for passage and only if no amendment is recommended.
2. The Chief Clerk shall maintain a list of bills recommended for the consent calendar. The list must be printed in the daily history and must include the summary of each bill, and the date the bill is scheduled for consideration on final passage.
3. At any time before the presiding officer calls for a vote on the passage of the consent calendar, a member may give written notice to the Chief Clerk or state orally from the floor of the Assembly in session that he [objects to the inclusion] requests the removal of a particular bill [on] from the consent calendar. If a member so [objects,] requests, the Chief Clerk shall remove the bill from the consent calendar and transfer it to the second reading file. A bill removed from the consent calendar may not be restored to that calendar.
4. During floor consideration of the consent calendar, members may ask questions and offer explanations relating to the respective bills.
5. When the consent calendar is brought to a vote, the bills remaining on the consent calendar must be read by number and summary and the vote must be taken on their final passage as a group.
Rule No. 112. Reserved.
Rule No. 113. General File.
All bills reported to the Assembly, by either standing or special committees, after receiving their second readings must be placed upon a General File, to be kept by the Chief Clerk. [No bill shall be considered by the Assembly until the regular order of business shall have been gone through. Then bills shall] Bills must be taken from the General File and acted upon in the order in which they were reported, unless otherwise specially ordered by the Assembly. But engrossed bills shall be placed at the head of the file, in the order in which they are received. The Chief Clerk shall post[, in a conspicuous place in the chamber,] a daily statement of the bills on the General File, setting forth the order in which they are filed, and specifying the alterations arising from the disposal of business each day. The Chief Clerk shall likewise post notices of special orders as made.
Rule No. 114. Reserved.
Rule No. 115. Reconsideration of Vote on Bill.
On the first legislative day that the Assembly is in session succeeding that on which a final vote on any bill or resolution has been taken, a vote may be reconsidered on the motion of any member. Notice of intention to move such reconsideration must be given on the day on which the final vote was taken by a member voting with the prevailing party. It is not in order for any member to move a reconsideration on the day on which the final vote was taken, except by unanimous consent. There may be no reconsideration of a vote on a motion to indefinitely postpone. Motions to reconsider a vote upon amendments to any pending question may be made at once.
Rule No. 116. [Reserved.] Vetoed Bills.
Bills that have passed both Houses of the Legislature and are transmitted to the Assembly accompanied by a message or statement of the Governor’s disapproval or veto of the same must be taken up and considered immediately upon the coming in of the message transmitting the same, or become the subject of a special order. When the message is received, or (if made a special order) when the special order is called, the said message or statement must be read together with the bill or bills so disapproved or vetoed. The message and bill must be read by the Chief Clerk without interruption, consecutively, one following the other, and not upon separate occasions. No such bill or message may be referred to any committee, or otherwise acted upon save as provided by law and custom; that is to say, that immediately following such reading the only question (except as hereinafter stated) which may be put by the Speaker is, “Shall the bill pass, notwithstanding the objections of the Governor?” It shall not be in order, at any time, to vote upon such a vetoed bill unless the same shall first have been read, from the first word of its title to and including the last word of its final section. No motion may be entertained after the Speaker has stated the question, save a motion to adjourn or a motion for the previous question, but the merits of the bill itself may be debated. The message or statement containing the objections of the Governor to the bill must be entered in the Journal of the Assembly. The consideration of a vetoed bill, and the objections of the Governor thereto, shall be a privileged question, and shall take precedence over all others.
Rule No. 117. Reserved.
C. Resolutions
Rule No. 118. Treated as Bills—Joint Resolutions.
The procedure of enacting joint resolutions must be identical to that of enacting bills. However, joint resolutions proposing amendments to the Constitution must be entered in the Journal in their entirety.
Rule No. 119. Reserved.
D. Order of Business
Rule No. 120. Order of Business.
The Order of Business must be as follows:
1. Call to Order.
2. Reading and Approval of Journal.
3. Presentation of Petitions.
4. Reports of Standing Committees.
5. Reports of Select Committees.
6. Communications.
7. Messages from the Senate.
8. Motions, Resolutions and Notices.
9. Introduction, First Reading and Reference.
10. Consent Calendar.
11. Second Reading and Amendment.
12. General File and Third Reading.
13. Unfinished Business of Preceding Day.
14. Special Orders of the Day.
15. Remarks from the Floor, limited to 10 minutes.
Rule No. 121. Reserved.
Rule No. 122. [Privileged Questions.
Privileged questions have precedence of all others in the following order:
1. Motions to fix the time to which the Assembly shall adjourn.
2. Motions to adjourn.
3. Questions relating to the rights and privileges of the Assembly or any of its members.
4. A call of the House.
5. Motions for special orders.] Renumbered as Rule No. 102 and reserved for future use.
Rule No. 123. [Privilege of Closing Debate.
The author of a bill, resolution or a main question shall have the privilege of closing the debate, unless the previous question has been sustained.] Renumbered as Rule No. 82 and reserved for future use.
Rule No. 124. Reserved.
Rule No. 125. Reserved.
Rule No. 126. [Vetoed Bills.
Bills which have passed both Houses of the Legislature and are transmitted to the Assembly accompanied by a message or statement of the Governor’s disapproval or veto of the same, must be taken up and considered immediately upon the coming in of the message transmitting the same, or become the subject of a special order. When the message is received, or (if made a special order) when the special order is called, the said message or statement must be read together with the bill or bills so disapproved or vetoed. The message and bill must be read by the Chief Clerk without interruption, consecutively, one following the other, and not upon separate occasions. No such bill or message may be referred to any committee, or otherwise acted upon save as provided by law and custom; that is to say, that immediately following such reading the only question (except as hereinafter stated) which may be put by the Speaker is, “Shall the bill pass, notwithstanding the objections of the Governor?” It shall not be in order, at any time, to vote upon such a vetoed bill unless the same shall first have been read, from the first word of its title to and including the last word of its final section. No motion may be entertained after the Speaker has stated the question, save a motion to adjourn or a motion for the previous question, but the merits of the bill itself may be debated. The message or statement containing the objections of the Governor to the bill must be entered upon the Journal of the Assembly. The consideration of a vetoed bill, and the objections of the Governor thereto, shall be a privileged question, and shall take precedence over all others.] Renumbered as Rule No. 116 and reserved for future use.
Rule No. 127. Reserved.
Rule No. 128. Reserved.
The next rule is 140.
IX. LEGISLATIVE INVESTIGATIONS AND MISCELLANEOUS
Rule No. 140. Compensation of Witnesses.
Witnesses summoned to appear before the Assembly or any of its committees must be compensated as provided by law for witnesses required to attend in the courts of the State of Nevada.
Rule No. 141. Use of the Assembly Chamber.
The Assembly Chamber shall not be used for any public or private business other than legislative, except by permission of the Assembly.
Assemblywoman Giunchigliani moved the adoption of the resolution.
Remarks by Assemblymen Giunchigliani and Price.
Assemblyman Price moved to amend the resolution.
Mr. Speaker announced if there were no objections, the Assembly would recess subject to the call of the Chair.
Assembly in recess at 2:56 p.m.
ASSEMBLY IN SESSION
At 2:58 p.m.
Mr. Speaker presiding.
Quorum present.
Assemblyman Price withdrew his motion to amend the resolution.
Resolution adopted.
INTRODUCTION, FIRST READING AND REFERENCE
Prefiled Bills
By Assemblywoman Parnell:
Assembly Bill No. 1—AN ACT relating to schools; revises provisions relating to the qualifications and duties of certain school nurses; revises provisions relating to nursing services provided to certain pupils; and providing other matters properly relating thereto.
Assemblywoman Buckley moved that the bill be referred to the Committee on Education
Motion carried.
By Assemblyman Lee:
Assembly Bill No. 2—AN ACT making an appropriation to Clark County for expenses related to the establishment and support of a regional shooting range in Southern Nevada; and providing other matters properly relating thereto.
Assemblywoman Buckley moved that the bill be referred to the Committee on Ways and Means.
Motion carried.
By Assemblyman Gustavson:
Assembly Bill No. 3—AN ACT making an appropriation to C.A.R.E. Chest of Sierra Nevada for completion of a new facility in Northern Nevada; and providing other matters properly relating thereto.
Assemblywoman Buckley moved that the bill be referred to the Committee on Ways and Means.
Motion carried.
By the Committee on Ways and Means:
Assembly Bill No. 4—AN ACT relating to prison industries; allowing money in the fund for new construction of facilities for prison industries to be used to expand existing industries; and providing other matters properly relating thereto.
Assemblywoman Buckley moved that the bill be referred to the Committee on Ways and Means.
Motion carried.
By Assemblyman Marvel:
Assembly Bill No. 5—AN ACT making an appropriation to the State Public Works Board for the construction of a Hi-Tech Learning Center at the Great Basin College in Winnemucca; and providing other matters properly relating thereto.
Assemblywoman Buckley moved that the bill be referred to the Committee on Ways and Means.
Motion carried.
By Assemblyman Hettrick:
Assembly Bill No. 6—AN ACT relating to vehicles; requiring the department of motor vehicles and public safety to provide for the issuance of endorsements to holders of noncommercial licenses to tow certain vehicles; and providing other matters properly relating thereto.
Assemblywoman Buckley moved that the bill be referred to the Committee on Transportation.
Motion carried.
By Assemblyman Collins:
Assembly Bill No. 7—AN ACT relating to traffic laws; revising the requirements for permanent or portable signs in school crossing zones; eliminating the provisions that allow the use of automatic traffic‑control devices in school zones in lieu of permanent or portable signs; and providing other matters properly relating thereto.
Assemblywoman Buckley moved that the bill be referred to the Committee on Transportation.
Motion carried.
By Assemblywoman Cegavske:
Assembly Bill No. 8—AN ACT relating to motor vehicles; establishing provisional drivers’ licenses for persons who are 16 or 17 years of age; making various changes concerning restricted licenses for pupils in schools, instruction permits and automobile driver education in public schools; clarifying certain provisions concerning the issuance of restricted licenses; providing penalties; and providing other matters properly relating thereto.
Assemblywoman Buckley moved that the bill be referred to the Committee on Transportation.
Motion carried.
By Assemblywoman Parnell:
Assembly Bill No. 9—AN ACT relating to state employees; authorizing the use of arbitration for the adjustment of certain grievances; providing a procedure for the selection of an arbitration panel; and providing other matters properly relating thereto.
Assemblywoman Buckley moved that the bill be referred to the Committee on Government Affairs.
Motion carried.
By Assemblyman Marvel:
Assembly Bill No. 10—AN ACT relating to peace officers; requiring an agency of a local government to reimburse an agency of this state for the cost of training certain peace officers under certain circumstances; and providing other matters properly relating thereto.
Assemblywoman Buckley moved that the bill be referred to the Committee on Government Affairs.
Motion carried.
By Assemblyman Carpenter:
Assembly Bill No. 11—AN ACT relating to the charter of the City of Elko; renaming the board of supervisors as the city council; revising the duties of the city council; clarifying the regulatory authority of the city council; revising the requirements relating to notice for special and emergency meetings; renaming the vice president chosen by the city council as the mayor pro tempore; repealing certain provisions; and providing other matters properly relating thereto.
Assemblywoman Buckley moved that the bill be referred to the Committee on Government Affairs.
Motion carried.
By Assemblyman Hettrick:
Assembly Bill No. 12—AN ACT relating to vital statistics; revising provisions governing the issuance of supplementary certificates of birth by the state registrar of vital statistics; and providing other matters properly relating thereto.
Assemblywoman Buckley moved that the bill be referred to the Committee on Health and Human Services.
Motion carried.
By Assemblywoman Parnell:
Assembly Bill No. 13—AN ACT relating to hospitals; authorizing a board of county commissioners to appoint a physician to serve as a voting member of the board of hospital trustees of the public hospital for the county under certain circumstances; and providing other matters properly relating thereto. Assemblywoman Buckley moved that the bill be referred to the Committee on Health and Human Services.
Motion carried.
By Assemblyman Hettrick:
Assembly Bill No. 14—AN ACT relating to county hospitals; increasing the compensation of members of certain boards of hospital trustees for rural county hospitals; and providing other matters properly relating thereto.
Assemblywoman Buckley moved that the bill be referred to the Committee on Health and Human Services.
Motion carried.
By Assemblywoman Giunchigliani:
Assembly Bill No. 15—AN ACT relating to the welfare of children; requiring the establishment of a program to provide supportive assistance to certain persons who obtain the legal guardianship of their grandchildren; and providing other matters properly relating thereto.
Assemblywoman Buckley moved that the bill be referred to the Concurrent Committees on Health and Human Services and Ways and Means.
Motion carried.
By Assemblywoman Cegavske:
Assembly Bill No. 16—AN ACT relating to alcoholic beverages; increasing the penalty for providing an alcoholic beverage to an underage person; and providing other matters properly relating thereto.
Assemblywoman Buckley moved that the bill be referred to the Committee on Judiciary.
Motion carried.
By Assemblyman Marvel:
Assembly Bill No. 17—AN ACT relating to tort actions; requiring that damages awarded in certain actions be reduced by the amount of any benefit received from a collateral source; limiting the amount of noneconomic damages that may be awarded in certain actions; providing for periodic payments of future economic damages in certain actions; limiting attorney’s fees in certain actions; extending the period of limitation for commencing an action for product liability; and providing other matters properly relating thereto.
Assemblywoman Buckley moved that the bill be referred to the Committee on Judiciary.
Motion carried.
By the Committee on Ways and Means:
Assembly Bill No. 18—AN ACT relating to fiscal notes for legislative measures; requiring a fiscal note to contain an estimate of certain fiscal impacts for two biennia; and providing other matters properly relating thereto.
Assemblywoman Buckley moved that the bill be referred to the Committee on Elections, Procedures, and Ethics.
Motion carried.
By the Committee on Ways and Means:
Assembly Bill No. 19—AN ACT relating to state financial administration; providing in skeleton form for the creation of the forecast council and related technical advisory committees to produce long-term forecasts of state revenues and expenditures and estimates of impacts of proposed programs; establishing the projections and forecasts of the forecast council as the official long-term forecasts of this state for budgetary purposes; expanding the duties of the office of financial analysis and planning of the fiscal analysis division of the legislative counsel bureau to support the forecast council and related technical advisory committees; and providing other matters properly relating thereto.
Assemblywoman Buckley moved that the bill be referred to the Committee on Government Affairs.
Motion carried.
By Assemblywoman Parnell:
Assembly Bill No. 20—AN ACT making a contingent appropriation to the Brewery Arts Center for the purchase of property for the development of a cultural center and plaza in the Carson City historic district; and providing other matters properly relating thereto.
Assemblywoman Buckley moved that the bill be referred to the Committee on Ways and Means.
Motion carried.
By Assemblywoman Cegavske:
Assembly Bill No. 21—AN ACT relating to traffic laws; requiring a court to order a person who is convicted of a second offense of driving under the influence of intoxicating liquor or a controlled substance within 7 years to attend a program of treatment for the abuse of alcohol or drugs; increasing the amount of time that such a person may be placed under the clinical supervision of a treatment facility; and providing other matters properly relating thereto.
Assemblywoman Buckley moved that the bill be referred to the Concurrent Committees on Judiciary and Ways and Means.
Motion carried.
By Assemblyman Lee:
Assembly Bill No. 22—AN ACT relating to judges; amending the charter of the City of Las Vegas to authorize the city council to extend the terms of municipal judges; and providing other matters properly relating thereto.
Assemblywoman Buckley moved that the bill be referred to the Committee on Government Affairs.
Motion carried.
By the Committee on Judiciary:
Assembly Bill No. 23—AN ACT relating to justices’ courts; increasing the population of a township used to determine the number of justices of the peace in certain larger counties; providing that in certain smaller counties the board of county commissioners may determine whether to increase the number of justices of the peace when the population of a township provides for such an increase; and providing other matters properly relating thereto.
Assemblywoman Buckley moved that the bill be referred to the Committee on Judiciary.
Motion carried.
By the Committee on Judiciary:
Assembly Bill No. 24—AN ACT relating to crimes; prohibiting a person from directing light emitted from a laser pointer into or through certain places and at certain persons under certain circumstances; providing penalties; and providing other matters properly relating thereto.
Assemblywoman Buckley moved that the bill be referred to the Committee on Judiciary.
Motion carried.
By Assemblyman Carpenter:
Assembly Bill No. 25—AN ACT relating to tobacco; providing that a minor who falsely represents his age to purchase tobacco products is in need of supervision; authorizing a merchant to detain such a minor for the purpose of informing a peace officer; and providing other matters properly relating thereto.
Assemblywoman Buckley moved that the bill be referred to the Committee on Judiciary.
Motion carried.
By Assemblyman Perkins:
Assembly Bill No. 26—AN ACT relating to higher education; requiring the legislative auditor to conduct an audit of the University and Community College System of Nevada and the Board of Regents of the University of Nevada; and providing other matters properly relating thereto.
Assemblywoman Buckley moved that the bill be referred to the Committee on Ways and Means.
Motion carried.
By Assemblyman Perkins:
Assembly Bill No. 27—AN ACT relating to juveniles; prohibiting a person or entity that supervises a juvenile ordered to perform work or community service from placing the juvenile on a highway or in any other dangerous situation; and providing other matters properly relating thereto.
Assemblywoman Buckley moved that the bill be referred to the Committee on Judiciary.
Motion carried.
By Assemblywoman de Braga:
Assembly Bill No. 28—AN ACT relating to school property; providing a procedure for the sale of a house or other structure built by pupils enrolled in a program of instruction offered by a public school; and providing other matters properly relating thereto.
Assemblywoman Buckley moved that the bill be referred to the Committee on Education.
Motion carried.
By Assemblyman Carpenter:
Assembly Bill No. 29—AN ACT relating to water pollution; requiring the director of the state department of conservation and natural resources to conduct an independent investigation before making certain determinations concerning the control of water pollution under certain circumstances; and providing other matters properly relating thereto.
Assemblywoman Buckley moved that the bill be referred to the Concurrent Committees on Natural Resources, Agriculture, and Mining and Ways and Means.
Motion carried.
By Assemblywoman de Braga:
Assembly Bill No. 30—AN ACT relating to the application of pesticides; increasing the amount of insurance coverage required for a license to apply pesticides by aircraft; and providing other matters properly relating thereto.
Assemblywoman Buckley moved that the bill be referred to the Committee on Natural Resources, Agriculture, and Mining.
Motion carried.
By the Committee on Health and Human Services:
Assembly Bill No. 31—AN ACT relating to public welfare; requiring the department of human resources to include presumptive eligibility for pregnant women and for children who are less than 19 years of age in the state plan for Medicaid to the extent authorized by federal law; requiring the department to include presumptive eligibility for children who are less than 19 years of age in the children’s health insurance program to the extent authorized by federal law; making appropriations; and providing other matters properly relating thereto.
Assemblywoman Buckley moved that the bill be referred to the Concurrent Committees on Health and Human Services and Ways and Means.
Motion carried.
By Assemblywoman Gibbons:
Assembly Bill No. 32—AN ACT relating to chiropractic; revising provisions governing the issuance of a license to practice chiropractic and a temporary license to practice chiropractic; increasing the number of chiropractic assistants that a chiropractor may supervise; and providing other matters properly relating thereto.
Assemblywoman Buckley moved that the bill be referred to the Committee on Commerce and Labor.
Motion carried.
By the Committee on Judiciary:
Assembly Bill No. 33—AN ACT relating to trusts; expressly validating a trust for the care of an animal; and providing other matters properly relating thereto.
Assemblywoman Buckley moved that the bill be referred to the Committee on Judiciary.
Motion carried.
By Assemblywoman Berman:
Assembly Bill No. 34—AN ACT relating to domestic relations; revising the provisions governing the granting of rights to visitation with a child to persons other than the parents of the child; and providing other matters properly relating thereto.
Assemblywoman Buckley moved that the bill be referred to the Committee on Judiciary.
Motion carried.
By Assemblywoman Berman:
Assembly Bill No. 35—AN ACT relating to public welfare; requiring the department of human resources to include presumptive eligibility for children who are less than 19 years of age in the children’s health insurance program to the extent authorized by federal law; requiring the department to establish a program of training for employees of certain health care facilities to assist and encourage persons to enroll children in the children’s health insurance program; and providing other matters properly relating thereto.
Assemblywoman Buckley moved that the bill be referred to the Concurrent Committee on Health and Human Services and Ways and Means.
Motion carried.
By Assemblyman Neighbors:
Assembly Bill No. 36—AN ACT relating to insurance; revising various provisions governing the approval and payment of claims; and providing other matters properly relating thereto.
Assemblywoman Buckley moved that the bill be referred to the Committee on Commerce and Labor.
Motion carried.
By the Committee on Judiciary:
Assembly Bill No. 37—AN ACT relating to child support; increasing the maximum monthly amount that a parent may be required to pay for support of a child; and providing other matters properly relating thereto.
Assemblywoman Buckley moved that the bill be referred to the Committee on Judiciary.
Motion carried.
By Assemblyman Gustavson:
Assembly Bill No. 38—AN ACT relating to common-interest communities; authorizing the notice of meetings of units’ owners and executive boards of associations of common-interest communities to be sent by electronic mail upon request; and providing other matters properly relating thereto.
Assemblywoman Buckley moved that the bill be referred to the Committee on Judiciary.
Motion carried.
By Assemblyman Dini; Senator Amodei:
Assembly Bill No. 39—AN ACT making an appropriation to the State Public Works Board for the construction of Hi-Tech Learning Centers in Fernley and Yerington; and providing other matters properly relating thereto.
Assemblywoman Buckley moved that the bill be referred to the Committee on Ways and Means.
Motion carried.
By Assemblyman Dini; Senator Amodei:
Assembly Bill No. 40—AN ACT making an appropriation to Storey County for allocation to the Community Chest, Inc., for a county youth and community resources center; and providing other matters properly relating thereto.
Assemblywoman Buckley moved that the bill be referred to the Committee on Ways and Means.
Motion carried.
By Assemblyman Dini; Senator Amodei:
Assembly Bill No. 41—AN ACT relating to attorneys; authorizing city attorneys to defend a person in a criminal proceeding under certain circumstances; and providing other matters properly relating thereto.
Assemblywoman Buckley moved that the bill be referred to the Committee on Judiciary.
Motion carried.
By the Committee on Commerce and Labor:
Assembly Bill No. 42—AN ACT relating to state personnel system; clarifying that the provision which provides certain reemployment rights with the executive branch of state government to certain employees applies regardless of the status of such employees with the department of personnel; and providing other matters properly relating thereto.
Assemblywoman Buckley moved that the bill be referred to the Committee on Commerce and Labor.
Motion carried.
By the Committee on Commerce and Labor:
Assembly Bill No. 43—AN ACT relating to workers’ compensation; requiring that the formula for the assessments to support the uninsured employers’ claim fund, the subsequent injury fund for self-insured employers, the subsequent injury fund for associations of self-insured public or private employers, the subsequent injury fund for private carriers and the fund for workers’ compensation and safety be based on premiums to be received by industrial insurers; and providing other matters properly relating thereto.
Assemblywoman Buckley moved that the bill be referred to the Committee on Commerce and Labor.
Motion carried.
By the Committee on Commerce and Labor:
Assembly Bill No. 44—AN ACT relating to industrial insurance; revising the provisions requiring the administrator of the division of industrial relations of the department of business and industry to conduct audits of insurers; revising the provisions governing maintenance of files of claims at the office of an insurer; clarifying the authority of a board of trustees of an association of self-insured public employers to invest certain money; requiring insurers, organizations for managed care and certain employers to notify an injured employee if a medical bill submitted on his behalf is denied and that the injured employee has a right to appeal the denial; and providing other matters properly relating thereto.
Assemblywoman Buckley moved that the bill be referred to the Committee on Commerce and Labor.
Motion carried.
By the Committee on Commerce and Labor:
Assembly Bill No. 45—AN ACT relating to industrial insurance; requiring the administrator of the division of industrial relations of the department of business and industry to create and make publicly available a pamphlet addressing the use and operation of the subsequent injury funds for self-insured employers, associations of self-insured public or private employers, and private carriers; and providing other matters properly relating thereto.
Assemblywoman Buckley moved that the bill be referred to the Committee on Commerce and Labor.
Motion carried.
By the Committee on Commerce and Labor:
Assembly Bill No. 46—AN ACT relating to industrial insurance; revising the provision governing tests that are to be administered to certain police officers and firemen to determine if they have contagious diseases that qualify for workers’ compensation; requiring the administrator of the division of industrial relations of the department of business and industry to designate a vendor of certain data to assist the administrator in the establishment and revision of a schedule of reasonable fees for accident benefits; revising the provisions governing the circumstances under which a closed claim may be reopened; revising the provisions governing the effect on workers’ compensation if an employee’s injury is caused at least in part by the absence of a required safeguard or protection; providing a penalty; and providing other matters properly relating thereto.
Assemblywoman Buckley moved that the bill be referred to the Committee on Commerce and Labor.
Motion carried.
By the Committee on Commerce and Labor:
Assembly Bill No. 47—AN ACT relating to industrial insurance; requiring an employer to ensure that a copy of its policy of industrial insurance is available for inspection by certain state officials; requiring self-insured employers and associations of self-insured public or private employers to ensure that their certificates of qualification are available for inspection by certain state officials; revising the provisions governing notification by employers and private carriers of cancellations, issuances and other actions concerning policies of industrial insurance; providing a penalty; and providing other matters properly relating thereto.
Assemblywoman Buckley moved that the bill be referred to the Committee on Commerce and Labor.
Motion carried.
By the Committee on Commerce and Labor:
Assembly Bill No. 48—AN ACT relating to industrial insurance; providing a definition of “policy year” for the purpose of industrial insurance; specifying the circumstances under which a policy of industrial insurance may exclude coverage for certain employees covered by a consolidated insurance program; allowing certain employers to report information concerning tips received by their employees by a computerized program or process; authorizing a private carrier to require a sole proprietor seeking coverage to submit to a physical examination; eliminating the requirement that unpaid premiums bear interest at the rate of 1 percent monthly; and providing other matters properly relating thereto.
Assemblywoman Buckley moved that the bill be referred to the Committee on Commerce and Labor.
Motion carried.
By the Committee on Commerce and Labor:
Assembly Bill No. 49—AN ACT relating to industrial insurance; transferring certain duties from the administrator of the division of industrial relations of the department of business and industry to the hearing and appeals officers of the department of administration; requiring that a code of professional conduct be created for appeals officers of the department of administration; and providing other matters properly relating thereto.
Assemblywoman Buckley moved that the bill be referred to the Committee on Commerce and Labor.
Motion carried.
By Assemblyman Marvel:
Assembly Bill No. 50—AN ACT relating to local governments; increasing the balance that certain school districts may maintain in a fund to stabilize the operation of the school district and mitigate the effects of natural disasters; revising the amount of money that certain school districts may transfer to certain funds; and providing other matters properly relating thereto.
Assemblywoman Buckley moved that the bill be referred to the Committee on Government Affairs.
Motion carried.
By Assemblyman Bache:
Assembly Bill No. 51—AN ACT making an appropriation from the state highway fund to the Department of Motor Vehicles and Public Safety for the creation and maintenance of a branch office in Boulder City; and providing other matters properly relating thereto.
Assemblywoman Buckley moved that the bill be referred to the Committee on Ways and Means.
Motion carried.
By Assemblymen Bache, Parks, McClain, Koivisto and Giunchigliani:
Assembly Bill No. 52—AN ACT relating to providers of health services; limiting the fees which providers that accept insurance payments may collect from patients; requiring the legislative auditor to conduct an audit of the University Medical Center of Southern Nevada; making an appropriation; and providing other matters properly relating thereto.
Assemblywoman Buckley moved that the bill be referred to the Committee on Health and Human Services.
Motion carried.
By Assemblyman Collins:
Assembly Bill No. 53—AN ACT relating to taxation; repealing the business tax under certain conditions; and providing other matters properly relating thereto.
Assemblywoman Buckley moved that the bill be referred to the Committee on Taxation.
Motion carried.
By Assemblyman Anderson:
Assembly Bill No. 54—AN ACT relating to criminal procedure; revising the provisions relating to the time within which a prosecution for kidnapping, attempted murder or certain aggravated stalking offenses must be commenced; revising certain provisions concerning genetic marker testing to refer to obtaining a “biological specimen”; providing for genetic marker testing of certain persons who reside in this state and who are convicted of certain crimes in other states; and providing other matters properly relating thereto.
Assemblywoman Buckley moved that the bill be referred to the Committee on Judiciary.
Motion carried.
By the Committee on Government Affairs:
Assembly Bill No. 55—AN ACT relating to county jails; eliminating the requirement that a county jail be located at the county seat; and providing other matters properly relating thereto.
Assemblywoman Buckley moved that the bill be referred to the Committee on Government Affairs.
Motion carried.
By Assemblyman Neighbors:
Assembly Bill No. 56—AN ACT relating to counties; authorizing counties to transfer or sell real property obtained from the Federal Government to certain persons without offering the property to the public under certain circumstances; establishing a price for the sale of such property under certain circumstances; requiring a county to collect certain amounts from a person before selling or transferring the property to that person; and providing other matters properly relating thereto.
Assemblywoman Buckley moved that the bill be referred to the Committee on Government Affairs.
Motion carried.
By Assemblyman Perkins:
Assembly Bill No. 57—AN ACT relating to education; making an appropriation to the Department of Education to provide grants of money for certain programs that promote parental involvement; and providing other matters properly relating thereto.
Assemblywoman Buckley moved that the bill be referred to the Committee on Ways and Means.
Motion carried.
By Assemblywoman Parnell:
Assembly Bill No. 58—AN ACT relating to schools; requiring boards of trustees of school districts to pay increased salaries to certain employees who hold national certification recognized by the commission on professional standards in education; requiring related information to be included in the annual budget report of each school district; and providing other matters properly relating thereto.
Assemblywoman Buckley moved that the bill be referred to the Committee on Ways and Means.
Motion carried.
By Assemblyman Collins:
Assembly Bill No. 59—AN ACT relating to cities; requiring a special election to fill a vacancy on or the office of an additional member of the governing body of a city in certain circumstances; and providing other matters properly relating thereto.
Assemblywoman Buckley moved that the bill be referred to the Committee on Government Affairs.
Motion carried.
By Assemblyman Beers:
Assembly Bill No. 60—AN ACT relating to meetings of public bodies; requiring a public body to post a notice of its meetings on its website on the Internet if the public body maintains such a website; and providing other matters properly relating thereto.
Assemblywoman Buckley moved that the bill be referred to the Committee on Government Affairs.
Motion carried.
By Assemblyman Beers:
Assembly Bill No. 61—AN ACT relating to property; prohibiting certain restrictions pertaining to station antenna structures used in amateur service communications; and providing other matters properly relating thereto.
Assemblywoman Buckley moved that the bill be referred to the Committee on Government Affairs.
Motion carried.
By Assemblyman Anderson:
Assembly Bill No. 62—AN ACT relating to garnishment; requiring a garnishee to submit his answers to garnishee interrogatories to the sheriff; limiting the amount of a judgment by default that may be rendered against certain garnishees who fail to answer such interrogatories; and providing other matters properly relating thereto.
Assemblywoman Buckley moved that the bill be referred to the Committee on Judiciary.
Motion carried.
By Assemblyman Perkins:
Assembly Bill No. 63—AN ACT relating to real property; revising the provisions governing the maintenance of landscaping, public lighting and security walls in subdivisions and planned unit developments; and providing other matters properly relating thereto.
Assemblywoman Buckley moved that the bill be referred to the Committee on Government Affairs.
Motion carried.
MESSAGES FROM THE Senate
Senate Chamber, Carson City, February 5, 2001
To the honorable the Assembly:
I have the honor to inform your honorable body that the Senate on this day passed Senate Bill No. 1.
Mary Jo Mongelli
INTRODUCTION, FIRST READING AND REFERENCE
Senate Bill No. 1.
Assemblywoman Buckley moved that all rules be suspended, reading so far had considered first reading, rules further suspended, bill considered engrossed, declared an emergency measure under the Constitution and placed on third reading and final passage.
Remarks by Assemblywoman Buckley.
Motion carried unanimously.
GENERAL FILE AND THIRD READING
Senate Bill No. 1.
Bill read third time.
Remarks by Assemblywoman Buckley.
Mr. Speaker announced if there were no objections, the Assembly would recess subject to the call of the Chair.
Assembly in recess at 3:18 p.m.
ASSEMBLY IN SESSION
At 3:24 p.m.
Mr. Speaker presiding.
Quorum present.
MOTIONS, RESOLUTIONS AND NOTICES
Assemblywoman Buckley moved that Senate Bill No. 1 be taken from the General File and placed on the General File for the next legislative day.
Motion carried.
GUESTS EXTENDED PRIVILEGE OF ASSEMBLY FLOOR
On request of Assemblyman Anderson, the privilege of the floor of the Assembly Chamber for this day was extended to Cairn Lindloff, Natha Clyde Anderson, Lani Anderson, Ed Anderson, Eddie Anderson, Rick Gardner, Kelly Gardner, R.J. Gardner, Becca Gardner, Whitney Gardner, Michael Gardner and Carolyn Hooper.
On request of Assemblywoman Angle, the privilege of the floor of the Assembly Chamber for this day was extended to Ted Angle, Bill Angle, Steve Bond, Penny Brock, Cindy Bush, Terry Campbell, Tom Cox, Allayne Donnelly, Cathy Lewis, Chris Lewis, Dave Lewis, Fortino Martinez, Allan Mills, Molly Mills, Don Nelson, Jacob Robertson, Jerry Stacy, Hazel Talbut and Barbara West.
On request of Assemblyman Arberry the privilege of the floor of the Assembly Chamber for this day was extended to Ricki Barlow, Delisha Edmond, Maria Marinch, Lisa Morris, Virgie Vincent and Marcia Rose Walker.
On request of Assemblyman Bache, the privilege of the floor of the Assembly Chamber for this day was extended to Sallie S. Bache and Christine N. Bache.
On request of Assemblywoman Berman, the privilege of the floor of the Assembly Chamber for this day was extended to Pamela S. Graham, Dr. Ihsan Azzam and Lorraine Harrington.
On request of Assemblyman Brower, the privilege of the floor of the Assembly Chamber for this day was extended to Loren S. Brower, Hayley S. Brower, Kaitlin S. Brower, Randa L. Stenson and Donald J. Stenson.
On request of Assemblyman Brown, the privilege of the floor of the Assembly Chamber for this day was extended to Darci K. Brown, Elizabeth A. Brown, Bridgette S. Brown, Dewaine M. Brown, Judith R. Brown, Noel Hazard, Kelly Hazard and Holly Collins.
On request of Assemblywoman Buckley, the privilege of the floor of the Assembly Chamber for this day was extended to Chan Kendrick, Aiden Kendrick, Carol Loomis, Wayne Pressel, Candace Ruisi and Tina Prieto.
On request of Assemblyman Carpenter, the privilege of the floor of the Assembly Chamber for this day was extended to Roseann Carpenter, Candice Carpenter, Elizabeth Carpenter, Linda Meo, Timothy Meo, Stephanie Meo, Lois DeForest, Doug DeForest, Mindy Boydston, Jet Carpenter, Tina Carpenter, Scott Carpenter, Melanie Carpenter, Darrow Carpenter, Kayla Carpenter, Susan Rucker.
On request of Assemblywoman Cegavske, the privilege of the floor of the Assembly Chamber for this day was extended to Adam Cegavske, Bret Cegavske, Tim Cegavske, Sean Collins, Natalie Gallier, Ned Hoogland, Karen Latimer, Laura Thuet, Sara Towles and Ashlee Whiting.
On request of Assemblywoman Chowning, the privilege of the floor of the Assembly Chamber for this day was extended to Judie Benet, Elmer Chowning, Vanessa Harms, Joseph Modarelli, Sue Modarelli, Geri Mosey, Kenneth Sampson, Steven Sampson, Jackie Valley, and William Williams.
On request of Assemblyman Collins, the privilege of the floor of the Assembly Chamber for this day was extended to Kathleen Collins.
On request of Assemblyman de Braga, the privilege of the floor of the Assembly Chamber for this day was extended to Amy Jo Acorda, Jaime Acorda, Lael Casey, Mitzi Corkill, Goldie de Braga and Lyle de Braga.
On request of Assemblyman Dini, the privilege of the floor of the Assembly Chamber for this day was extended to Mouryne Dini, George Dini, Gretchen Dini, Jennifer Dini, Krystine Dini, Mendee Glass, Joshua Dini, Jay Dini, Kathleen Dini, Heather Dini, Evan Dini, Eryn Dini, Gertrude McCarthy, Norton Picket, Vivian Picket and Richard Gomez.
On request of Assemblywoman Gibbons, the privilege of the floor of the Assembly Chamber for this day was extended to Moya Lear, Moya T. Lear, Corine Philyppi, Lyndsey Nunn and Karen Wells.
On request of Assemblywoman Giunchigliani, the privilege of the floor of the Assembly Chamber for this day was extended to Lawrence Giunchigliani, Myrna Giunchigliani, Gary Gray, Marge Griffin, Ann Von Nostrand and Hannah Zive.
On request of Assemblyman Goldwater, the privilege of the floor of the Assembly Chamber for this day was extended to Joan Tuntland, Bert Goldwater, Mary Goldwater and Dan Tuntland.
On request of Assemblyman Gustavson, the privilege of the floor of the Assembly Chamber for this day was extended to Marlene A. Cook, Don G. Gustavson II, Don V. Gustavson, Lee Gustavson, Donna Katsimbras, Paul Katsimbras, Heather Nicole Saulnier, Kayla Saulnier and Kerry Saulnier.
On request of Assemblyman Hettrick, the privilege of the floor of the Assembly Chamber for this day was extended to Arla Hettrick.
On request of Assemblyman Humke, the privilege of the floor of the Assembly Chamber for this day was extended to Cindi Humke.
On request of Assemblywoman Koivisto, the privilege of the floor of the Assembly Chamber for this day was extended to Andrew H. Koivisto, Victor J. Koivisto, Edie Barker and Bob Barker.
On request of Assemblyman Manendo, the privilege of the floor of the Assembly Chamber for this day was extended to Eric Anderlohr.
On request of Assemblyman Marvel, the privilege of the floor of the Assembly Chamber for this day was extended to Wilburta Marvel.
On request of Assemblyman Mortenson, the privilege of the floor of the Assembly Chamber for this day was extended to Helen Mortenson and Sheila Sease.
On request of Assemblyman Nolan, the privilege of the floor of the Assembly Chamber for this day was extended to Kim Nolan, Joey Nolan, Ryan Nolan, Carson Nichole Nolan, Donna Esposito, Heartwell Ku, Patrick Baily and Valerie Michael.
On request of Assemblyman Oceguera, the privilege of the floor of the Assembly Chamber for this day was extended to Eileen Montgomery, Greg Klemens, Carla Klemens, Christopher Klemens, Benjamin Klemens, Steve Hansen, Susan Hansen, Ramone Oceguera and Aaron West.
On request of Assemblywoman Parnell, the privilege of the floor of the Assembly Chamber for this day was extended to Gail Parsons.
On request of Assemblyman Perkins, the privilege of the floor of the Assembly Chamber for this day was extended to Bob Barker, Edie Barker, Jan Barker, Brooke Butler, Danielle Butler, Rhett Butler, Bob Campbell, Irene Campbell, Ashley Perkins, Ken Perkins, Rikki Perkins, Shirley Perkins, Cheryl Rock, Crystal Rock, Dennis Rock, Jessica Rock, Nicole Sayles, Brian Weideman, Stephanie Weideman and the Basic High School Madrigal Choir Students, consisting of: Miss Holly Peterson, Sarah Alawami, Brandon Anders, Jamie Brown, Jana Brown, Kirbie Burks, Kolby Campbell, Marcus Culpepper, Andrew Cutler, Jillian Dennis, Adam Estes, Tracy Estes, Bryon Gifford, Brandon Hafen, Paul Hernandez, Matthew Larsen, Jennifer Linford, Jody Mangum, Steven Mounteer, Angela Nelson, Kevin Scales, Holly Smith, Bryan Stiles, Jeremy Traynor, Rebecca Wadley, Johanna Ware, Leanna and Welch.
On request of Assemblyman Price, the privilege of the floor of the Assembly Chamber for this day was extended to Heather Collins, Mary Garcia and Lyn Nary.
On request of Assemblywoman Smith, the privilege of the floor of the Assembly Chamber for this day was extended to Cindy Smith and Larry Smith and Bruce Bilbrey, Connie Bilbrey, David Bilbrey, Ellen Bilbrey, Paige Bilbrey, Paul Bilbrey, David Bouch, Olivia Bouch, Barbara Clark, Pete Cox, Connie Kight, Debbie Kight, Jonny Lester, Bunny McElyea, Jim McElyea, Sue Pellini, Cindy Porath, Larry Porath, Loretta Ramirez, Jamie Schocko, Erin Smith, Greg Smith, Ian Smith, and Charlie Warren and the Nevada Leadership Academy, consisting of: Jeanette Dean, Shelly Kraft, Kaye Lane, Jerry Miller, Breanna Angilley, Nikki Antoigue, Tyetta Buckner, Geoff Callahan, Cory Cargill, Crisea Colton, D’Raun Manning, Janine McGee, Jhontie Robinson, Thomesia Smith, Jahlyse Stewart, Tommy Lane, Davia Zabalza, Sarah Lightfoot, Ashley Mariluch, Mandel Figoni, Kyle Oliver, David Walton, Ed Williams, Dean Abrams, Mrs. Debbie Silva, Anthony Archie, Andrew Benson, Wendy Cadtillo, Adam Chagnon, Jindeola Chapman, Melvin English, September Fecho, Tiphoni Figoni, Jerome Garrett, Stephanie Hart, Doug Hoffman, Ben James, Matt Logan, Bianca Moore, Kristina Peterson, Sofia Ramirez, William Robinson, Joe Walton and Kim Martinez.
On request of Assemblywoman Tiffany, the privilege of the floor of the Assembly Chamber for this day was extended to Karen Wyman, Tiffany Debra Van der Stokker, and Luana Nancy Dickson.
On request of Assemblyman Williams, the privilege of the floor of the Assembly Chamber for this day was extended to Zelda Williams, LaVerne Marwin and Noel Fisher.
Assemblywoman Buckley moved that the Assembly adjourn until Tuesday, February 6, 2001 at 11:00 a.m.
Motion carried.
Assembly adjourned at 3:26 p.m.
Approved: Richard D. Perkins
Attest: Jacqueline Sneddon