Journal
of the
SENATE of the State
of Nevada
SEVENTY-FIRST SESSION
THE FIRST DAY
Carson City (Monday), February 5, 2001
Senate called to order at 12:08 p.m.
President Hunt presiding.
President Hunt requested that her remarks be entered in the Journal.
Good afternoon esteemed members of the Senate, families, friends and distinguished guests. It is a great honor to gavel this opening session to order.
I welcome you to the first day of the 71st session of the Nevada Legislature and to the first session of the “true” new millennium. This is a historic time for Nevada government. As we move into the 21st century, on the heels of the latest census¾showing Nevada as the fastest growing state in the country¾we have many opportunities as well as many challenges.
Our State is offering an entrepreneurial business climate, affordable housing and a quality of life that has become a magnet for people seeking a better life. But as all good things¾they should not be taken for granted.
It will not be long before our sleeves are rolled up and we begin the difficult work ahead of us. This session, the people of the State of Nevada have entrusted this body, along with the distinguished members of the Assembly, with the faith to lead them into a session that will benefit all Nevadans. The citizens of this great State are looking to us to find reasonable solutions. And the challenges are many.
The signs of those challenges have already manifested themselves in the form of a potentially severe downturn in the nation’s economy and in the form of a crippling energy crisis that has manifested itself only a few miles from where we stand.
Amidst our dealings with these issues, we must also face the challenges that continue to present themselves by the sustained growth of our State… along with the accompanying process of drawing new Congressional and State Legislative Districts.
As we begin this significant session, it is my hope that we bear in mind that the gift of public service is priceless. Our responsibility is to find solutions that benefit Nevadans today and Nevadans of the future; realizing that the choices we make this session will affect generations of Nevadans in the years to come.
I look forward to working with each of you and I am confident we will work together to meet the expectations of the citizens of our State as we debate the challenges and opportunities of Nevada’s future.
Prayer by the Chaplain, Father Frank Murphy.
Creator of all that lives and breathes, eternal only first and last, undaunted spirit, loving God, faithful Yahweh by whatever name each of our faith traditions honors and calls upon You. We acknowledge and cherish Your vibrant presence here amongst us today at this opening session of the Nevada Legislature.
Come; bestow on these Senators, Your dutiful servants, those precious gifts of wisdom and compassion. Guide them in their deliberations that the rights of all may prevail over the privileges for the few; strengthen them to persevere in respecting life in all its forms—acknowledging that all that breathes is gift from a loving and provident creator and to be treated with dignity; grant them compassionate hearts that give preference to genuine human needs before the rigidities of the law; with Your provident care, keep them safe in their travels and watch over their families with Your protective hand.
Expand their vision that they may work together in harmony, respecting each other’s views and help to make this great State of Nevada a model for justice, peace and prosperity.
Amen Shalom.
REMARKS FROM THE FLOOR
President Hunt:
We are delighted to have the Detachment Fourth Force Reconnaissance Company of Reno, Nevada, whose members include the following: Instructor, Sergeant Herb Pintsch; Sergeant Robin Amaya, Sergeant Angela Denney, Sergeant John Siklinski and Corporal Patrick Tobey. They will present the colors.
Presentation of the Colors by Honor Guard, Detachment Fourth Force Reconnaissance Company of Reno, Nevada.
Pledge of allegiance to the Flag.
President Hunt:
It is my pleasure to announce that the music ensemble, Bella Voce, will be singing the “National Anthem” and America the Beautiful. Their members include the following: Director Jennifer Tibben-Lembke, Nancy Sadler Irwin, Evelyn Moser, Jane Jones, Stephanie Shaw, Mary Johnson, Chris Reinitz, Jody Call, Patricia Miller, Josette Dornoff, Mary Carlson, Sue Goodenow, Anne Chamberlain, Nicole Waggoner, Carol Flores, Sue Roberts, Barbara Hunt, Kathy Boyce and Penelope Holtan.
Madam President announced that if there were no objections, the Senate would recess subject to the call of the Chair.
Senate in recess at 12:21 p.m.
SENATE IN SESSION
At 12:26 p.m.
President Hunt presiding.
Quorum present.
MOTIONS, RESOLUTIONS AND NOTICES
Madam President requested Mrs. Claire J. Clift to serve as temporary Secretary of the Senate and Mr. Charles P. Welsh to serve as temporary Sergeant at Arms.
Madam President instructed the temporary Secretary to call the roll of the holdover Senators.
Roll called.
All holdover Senators present.
Madam President appointed Senators Townsend, James and Mathews as a temporary Committee on Credentials.
Madam President announced that if there were no objections the Senate would recess subject to the call of the Chair while credentials of the newly-elected Senators were examined by the temporary Committee on Credentials.
Senate in recess at 12:29 a.m.
SENATE IN SESSION
At 12:33 p.m.
President Hunt presiding.
Quorum present.
REPORTS OF COMMITTEES
Madam President:
Your temporary Committee on Credentials has had the credentials of the respective Senators‑elect under consideration and begs leave to report that the following persons have been and are duly elected and qualified members of the Senate of the Seventy-first Session of the Legislature of the State of Nevada: Senators Mike McGinness, Joseph M. Neal, Jr., Ann O'Connell, William J. Raggio, Raymond D. Rawson, Dean A. Rhoads, Michael A. Schneider, Raymond C. Shaffer, Dina Titus and Valerie Wiener.
Randolph J. Townsend
Mark A. James
Bernice Mathews
MOTIONS, RESOLUTIONS AND NOTICES
Senator Townsend moved that the report of the temporary Committee on Credentials be adopted.
Motion carried.
President Hunt announced that if there were no objections, the Senate would recess subject to the call of the Chair.
Senate in recess at 12:36 p.m.
SENATE IN SESSION
At 12:40 p.m.
President Hunt presiding.
Quorum present.
Madam President appointed Senators Amodei, Porter and Carlton to escort Chief Justice A. William Maupin of the Supreme Court of Nevada to the rostrum to administer the oath of office to the newly-elected Senators.
Chief Justice Maupin administered the oath of office to the newly-elected Senators.
President Hunt announced that if there were no objections, the Senate would recess subject to the call of the Chair.
Senate in recess at 12:45 p.m.
SENATE IN SESSION
At 12:57 p.m.
President Hunt presiding.
Quorum present.
Senator Care moved that the Chief Justice be extended a unanimous vote of thanks for administering the oath.
Motion carried unanimously.
Madam President instructed the temporary Secretary to call the roll of the Senators.
Roll called.
All Senators present.
Madam President declared that nominations were in order for President pro Tempore.
Senator O'Donnell nominated Senator Lawrence E. Jacobsen for President pro Tempore.
Senator Coffin moved that the nominations be closed.
Motion carried.
Madam President declared Senator Jacobsen to be President pro Tempore of the Senate.
Madam President declared that nominations were in order for Secretary of the Senate.
Senator Raggio nominated Mrs. Claire J. Clift to be Secretary of the Senate.
Senator Titus moved that the nominations be closed.
Motion carried.
Madam President declared Mrs. Claire J. Clift to be the Secretary of the Senate.
Madam President appointed Senators McGinness, Rhoads and Wiener as a committee of three to inform the Assembly that the Senate is organized and ready for business.
Madam President appointed Senators O'Connell, Washington and Schneider as a committee of three to inform the Governor that the Senate is organized and ready for business.
Senator Raggio moved that the following persons be accepted as accredited press representatives, and that they be assigned space at the press table and allowed the use of appropriate media facilities: Associated press: Siobhan McDonough, Brendan Riley and John Wilkerson; Boulder City News: Chuck Baker; CAPITOL NEWS SERVICE: Johnathan L. Wright; Citadel Communications: Adriana Diaz and David Marz; Comstock Chronicle/Cable News Service: Travis T. Hipp; Cox Communications: Steve Schorr; Donrey Capital Bureau: Ed Vogel and Sean Whaley; Electric Nevada & Electric America: Daniel Joseph and Tiffany Van der Stokker; Fernley Leader/Courier: Betty Aleck and Laura Tennant; Fox 5: Michael Baldwin; Gaming Today: Chuck DiRocco; High Desert Advocate: Howard Copelan; KKOH: Kelly McAllister; KLAS-TV: Eric Sorenson and George Knapp; KLVX-TV and KNPB-TV: Bonnie Maclean, Ethan Salter, Jack Kelly, John Kirk, Michelle Stander, Mike Garafolo, Mitch Fox and Rosemary McCarthy; KOLO-TV: Jodee Kenney, Karl Baker, Bruce Bolf, Brent Boynton, Jean Casarez, Jenee Conway, Mark Cronon, Beth Ford, Timothy Ill, Jeff Jones, Justin Kanno, Edward Pearce, Terri Russell, Erin Scheuerman, Henry Wofford, Beryl Chong and Darrell McComb; 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 and 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 and 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 and Charles Zobell; Las Vegas Sun: Jeff German, Warren Johnston, Erin Neff, Jace Radke, Cy Ryan and Susan Snyder; Lincoln County Record: Shelly Hartman and Connie Simkins; Lotus Broadcasting: Andrew Kolb; Lovelock Review-Miner/Nevada Rancher: Gwen Carter; Mason Valley News: Robert Perea, David Sanford and Keith Trout; Nevada Appeal: Geoff Dornan; RENO GAZETTE JOURNAL: Jennifer Crowe, Bill O’Driscoll, Tonia Cunning, Mark Lundahl, John Smetana, Susan Voyles, Steve Timko, Janice Hoke, Jeff Donaldson, Steve Smith, Jeff Delong, Frank Mullen, Ray Hagar, Tim Anderson, Sevil Hunter, Cory Farley, Tim Dunn, Scott Sady, Lisa Tolda, Candice Towell, Marilyn Newton, David Parker, Andy Barron and Elizabeth Margerum; RENO NEWS AND REVIEW: Adrienne Rice, Brian D. Burghart, Carli Cutchin, Deidre Pike, Jimmy Boegle, Kelly Lang and William Puchert; Senior Spectrum Newspapers: Chris McMullen and Connie McMullen; Sierra Nevada Community AccesS: John Ponzo; Sierra Nevada Community AccesS: Earl Spriggs; Sierra Nevada Community Access TV: Don Alexander and Chris Jensen; The Humboldt Sun: Dave Woodson; TASPAC NEWS: Donna Andres and Peter Hutchinson; We the People: Shayne Del Cohen and SPARKS TRIBUNE: Andrew Barbano.
Motion carried.
Madam President announced that if there were no objections, the Senate would recess subject to the call of the Chair.
Senate in recess at 1:07 p.m.
SENATE IN SESSION
At 1:45 p.m.
President Hunt presiding.
Quorum present.
A committee from the Assembly composed of Assemblywoman Giunchigliani, Assemblymen Manendo and Carpenter appeared before the bar of the Senate and announced that the Assembly was organized and ready for business.
Senator McGinness reported that his committee had informed the Assembly that the Senate is organized and ready for business.
Senator O’Connell reported that her committee had informed the Governor that the Senate is organized and ready for business.
Madam President announced that if there were no objections, the Senate would recess subject to the call of the Chair.
Senate in recess at 2:08 p.m.
SENATE IN SESSION
At 2:30 p.m.
President Hunt presiding.
Quorum present.
MOTIONS, RESOLUTIONS AND NOTICES
By Senators Raggio and Titus:
Senate Resolution No. 1—Adopting the Standing Rules of the Senate for the 71st session of the Legislature.
Resolved by the Senate of the State of Nevada, That the Senate Standing Rules as amended by the 70th session are adopted, with the following changes, as the Standing Rules of the Senate for the 71st session of the Legislature:
I. OFFICERS AND EMPLOYEES
Duties of Officers
Rule No. 1. President.
The President shall take the chair and call the Senate to order precisely at the hour appointed for meeting, and if a quorum is present shall cause the Journal of the preceding day to be read. He shall preserve order and decorum, and in case of any disturbance or disorderly conduct within the Senate Chamber, shall order the Sergeant at Arms to suppress it, and may order the arrest of any person creating any disturbance within the Senate Chamber. He may speak to points of order in preference to members, rising from his seat for that purpose, and shall decide questions of order without debate, subject to an appeal to the Senate by two members, on which appeal no member may speak more than once without leave of the Senate. He shall sign all acts, addresses and joint resolutions, and all writs, warrants and subpoenas issued by order of the Senate; all of which must be attested by the Secretary. He has general direction of the Senate Chamber.
Rule No. 2. President pro Tem.
The President pro Tem has all the power and shall discharge all the duties of the President during his absence or inability to discharge the duties of his office. In the absence or inability of the President pro Tem to discharge the duties of the President’s office, the Chairman of the Committee on Legislative Affairs and Operations shall preside. In the absence of the Chairman, the Vice Chairman of the Committee on Legislative Affairs and Operations shall preside. In the absence of the Vice Chairman of the Committee on Legislative Affairs and Operations, the Senate shall elect one of its members as the presiding officer for that occasion.
Rule No. 3. Secretary.
1. The Secretary of the Senate is elected by the Senate, and shall:
(a) Interview and recommend to the Committee on Legislative Affairs and Operations persons to be considered for employment to assist the Secretary.
(b) See that these employees perform their respective duties.
(c) Administer the daily business of the Senate, including the provision of secretaries to its committees.
(d) Unless otherwise ordered by the Senate, transmit at the end of each working day those bills and resolutions upon which the next action is to be taken by the Assembly.
2. The Secretary is responsible to the Majority Leader.
Rule No. 4. Sergeant at Arms.
1. The Sergeant at Arms shall attend the Senate during its sittings, and execute its commands and all process issued by its authority. He must be sworn to keep the secrets of the Senate.
2. The Sergeant at Arms shall:
(a) Superintend the upkeep of the Senate’s Chamber, private lounge, and meeting rooms for committees.
(b) Interview and recommend to the Committee on Legislative Affairs and Operations persons to be considered for employment to assist the Sergeant at Arms.
3. The Sergeant at Arms is responsible to the Majority Leader.
Rule No. 5. Assistant Sergeant at Arms.
The Assistant Sergeant at Arms shall be doorkeeper and shall preserve order in the Senate Chamber and shall assist the Sergeant at Arms. He shall be sworn to keep the secrets of the Senate.
Rule No. 6. Reserved.
The next rule is 10.
II. SESSIONS AND MEETINGS
Rule No. 10. Time of Meeting.
The President shall call the Senate to order each day of sitting at 11:00 o’clock a.m., unless the Senate has adjourned to some other hour.
Rule No. 11. Call of Senate—Moved by Three Members.
A Call of the Senate may be moved by three Senators, and if carried by a majority of all present, the Secretary shall call the roll and note the absentees, after which the names of the absentees shall again be called over. The doors shall then be closed and the Sergeant at Arms directed to take into custody all who may be absent without leave, and all Senators so taken into custody shall be presented at the bar of the Senate for such action as to the Senate may seem proper.
Rule No. 12. Absence—Leave Required.
No Senator shall absent himself from the service of the Senate without leave, except in case of accident or sickness, and if any Senator or officer shall so absent himself his per diem shall not be allowed him.
Rule No. 13. Open Meetings.
1. Except as provided in the Constitution of the State of Nevada and in subsection 2 of this rule, all meetings of the Senate and its committees must be open to the public.
2. A Senate committee meeting may be closed to consider the character, alleged misconduct, professional competence, or physical or mental health of a person.
The next rule is 20.
III. DECORUM AND DEBATE
Rule No. 20. Points of Order.
1. If any Senator, in speaking or otherwise, transgresses the rules of the Senate, the President shall, or any Senator may, call him to order. If a Senator is so called to order, he shall not proceed without leave of the Senate. If such leave is granted, it must be upon the motion, “That he be allowed to proceed in order,” and the Senator shall confine himself to the question under consideration and avoid personality.
2. Every decision of points of order made by the President is subject to appeal, and a discussion of a question of order may be allowed only upon the appeal of two Senators. In all cases of appeal, the question must be, “Shall the decision of the Chair stand as the judgment of the Senate?”
Rule No. 21. Breaches of Decorum.
1. In cases of breaches of decorum or propriety, any Senator, officer or other person is liable to such censure or punishment as the Senate may deem proper.
2. If any Senator is called to order for offensive or indecorous language or conduct, the person calling him to order shall report the offensive or indecorous language or conduct to the presiding officer. No member may be held to answer for any language used on the floor of the Senate if business has intervened before exception to the language was taken.
3. Indecorous conduct or boisterous or unbecoming language is not permitted in the Senate Chamber.
The next rule is 30.
IV. QUORUM, VOTING, ELECTIONS
Rule No. 30. Recorded Vote—Three Required to Call For.
1. A recorded vote must be taken upon final passage of a bill or joint resolution, and in any other case when called for by three members. Every Senator within the bar of the Senate shall vote “aye” or “no” or record himself as “not voting,” unless excused by unanimous vote of the Senate.
2. The votes and names of those absent or recorded as “not voting” and the names of Senators demanding the recorded vote must be entered [on] in the Journal.
Rule No. 31. President to Decide—Tie Vote.
A question is lost by a tie vote, but when the Senate is equally divided on any question except the passage of a bill or joint resolution, the President may give the deciding vote.
Rule No. 32. Manner of Election—Voting.
1. In all cases of election by the Senate, the vote must be taken viva voce. In other cases, if a vote is to be recorded, it may be taken by oral roll-call or by electronic recording.
2. When a recorded vote is taken, no Senator may:
(a) Vote except when at his seat;
(b) Vote upon any question in which he is in any way personally or directly interested;
(c) Explain his vote or discuss the question while the voting is in progress; or
(d) Change his vote after the result is announced.
3. The announcement of the result of any vote must not be postponed.
The next rule is 40.
V. LEGISLATIVE BODIES
Rule No. 40. Standing Committees.
1. Except as otherwise provided in subsection 2, the standing committees of the Senate and their respective jurisdiction for the reference of bills and resolutions are as follows:
(a) Commerce and Labor, seven members, with jurisdiction over measures affecting primarily Titles 52-57, and chapters 118B, 461, 461A, 489, 703-704A and 707-712 of NRS, except measures affecting primarily state and local revenue.
(b) Finance, seven members, with jurisdiction over measures primarily affecting chapters 286 and 387 of NRS, appropriations, operating and capital budgets, state and federal budget issues and bonding, except measures affecting primarily state and local revenue, and over any measures carrying or requiring appropriations and favorably reported by any other committee unless such reference is dispensed with by a two-thirds vote of the Senate.
(c) Government Affairs, seven members, with jurisdiction over measures affecting primarily the districts from which members of the Legislature are elected, and Titles 18-22, 24, 25, 27-31 and 36 and chapters 281-285, 287-289, [and] 407 and 720 of NRS, except measures affecting primarily state and local revenue, state and federal budget issues, the Tahoe Regional Planning Compact and the Nevada Tahoe regional planning agency.
(d) Human Resources and Facilities, seven members, with jurisdiction over measures primarily affecting Titles 33, 37-39 and 42 and chapters 385, 386, 388-399, 439-444, 446-458, 459A, 460 and 583-585 of NRS, except measures affecting primarily state and local revenue.
(e) Judiciary, seven members, with jurisdiction over measures affecting primarily Titles [1-16] 1-9, 11-16, and 41 and chapters 111-118A and 119-120A of NRS, except measures affecting primarily state and local revenue.
(f) Legislative Affairs and Operations, seven members, with jurisdiction over measures affecting primarily Title 17 of NRS, except the districts from which members of the Legislature are elected, and the operation of the legislative session, except measures affecting primarily state and local revenue.
(g) Natural Resources, seven members, with jurisdiction over measures primarily affecting Titles 26 and 45-50 and chapters 444A-445C, 459, 488, 581, 582 and 586-590 of NRS, the Colorado River Commission, the Tahoe Regional Planning Compact and the Nevada Tahoe regional planning agency, except measures affecting primarily state and local revenue.
(h) Taxation, seven members, with jurisdiction over measures affecting primarily Title 32 of NRS and state and local revenue.
(i) Transportation, seven members, with jurisdiction over measures affecting primarily Title 44 and chapters 403-405, 408, 410, 481-487, 705 and 706 of NRS, except measures affecting primarily state and local revenue.
2. The chairman of the Standing Committee on Finance may assign any portion of a proposed executive budget to any of the other standing committees of the Senate for review. Upon receiving such an assignment the standing committee shall complete its review expeditiously and report its findings and any recommendations to the Standing Committee on Finance for its independent evaluation.
Rule No. 41. Reserved.
Rule No. 42. Committee Expenses.
No committee shall employ assistance or incur any expense, except by permission of the Senate previously obtained.
Rule No. 43. Duties of Committees.
The several committees shall fully consider all measures referred to them and report thereon. They shall acquaint themselves with the interests of the State specially represented by the committee, and from time to time present such bills and reports as in their judgment will advance the interests and promote the welfare of the people of the State, and shall fully consider and report their opinion upon any matter committed or referred to them by the Senate.
Rule No. 44. Committee on Legislative Affairs and Operations.
The Committee on Legislative Affairs and Operations shall recommend by resolution the appointment of all attachés and employees of the Senate not otherwise provided for by law. It may suspend any attaché or employee for incompetency or dereliction of duty, pending final action by the Senate. It shall hear complaints on alleged breaches of ethics and conflicts of interest, brought by Legislators and others, and it may advise Legislators on questions of breaches of ethics and conflicts of interests. All proceedings by the committee on matters of ethics or conflicts of interest are open to the public unless otherwise authorized to be closed to the public by section 15 of article 4 of the Constitution of the State of Nevada.
Rule No. 45. Reserved.
Rule No. 46. Forming Committee of the Whole.
In forming the Committee of the Whole, the Senator who has so moved shall name a chairman to preside, and all bills considered shall be read by sections, and the chairman shall call for amendments at the conclusion of the reading of each section. All amendments proposed by the committee shall be reported by the chairman to the Senate.
Rule No. 47. Rules Applicable to Committee of the Whole.
The Rules of the Senate shall apply to proceedings in Committee of the Whole, except that the previous question shall not be ordered, nor the ayes and noes demanded, but the committee may limit the number of times that any member may speak, at any stage of proceedings, during its sitting. Messages may be received by the President while the committee is sitting; in which case the President will resume the chair, receive the message, and vacate the chair in favor of the chairman of the committee.
Rule No. 48. Motion to Rise Committee of the Whole.
A motion that the committee rise shall always be in order, and shall be decided without debate.
Rule No. 49. Reference to Committee.
When a motion is made to refer any subject, and different committees are proposed, the [question must be taken in the following order:
1. The Committee of the Whole Senate.
2. A Standing Committee.] subject may be referred to the committee with jurisdiction over the subject as set forth in Senate Standing Rule No. 40, or to a different committee, upon a majority vote of the Senate.
Rule No. 50. Return From Committee.
1. Any bill or other matter referred to a committee of the Senate must not be withdrawn or ordered taken from the committee for consideration by the Senate, recommitment, or for any other reason without a two-thirds vote of the Senate, and at least one day’s notice of the motion therefor.
2. No such motion is in order:
(a) If the bill to be withdrawn or ordered taken from the committee may no longer be considered by the Senate; or
(b) On the last day of the session, or on the day preceding the last day of the session.
3. This rule does not take from any committee the rights and duties of committees provided for in Senate Standing Rule No. 43.
Rule No. 51. Reserved.
Rule No. 52. Reserved.
Rule No. 53. Committee Rules.
1. The rules of the Senate, as far as applicable, are the rules of committees of the Senate. Procedure in committees, where not otherwise provided in this rule, must follow the procedure of the Senate. For matters not included in the rules of the Senate or these rules, Mason’s Manual must be followed.
2. A majority of any committee constitutes a quorum for the transaction of business.
3. A meeting of a committee may not be opened without a quorum present.
4. In addition to regularly scheduled meetings or those called by the chairman, meetings may be set by a written petition of a majority of a committee and filed with the chairman of a committee.
5. A bill may be passed from a committee only by a majority of the committee membership. A simple majority of those present and voting is sufficient to adopt committee amendments.
6. Subcommittees may be appointed by committee chairmen to consider subjects specified by the committee and shall report back to the committee.
7. A committee shall act only when together, and all votes must be taken in the presence of the committee. A member shall not be recorded as voting unless he was actually present in the committee at the time of the vote. The chairman shall vote on all final actions on bills or resolutions. The provisions of this subsection do not prohibit the prefiling of legislative bills and resolutions on behalf of a committee in the manner prescribed by the legislative commission.
8. All committee and subcommittee meetings are open to the public, except as otherwise provided in Senate Standing Rule No. 13.
9. Before reporting a bill or resolution to the Senate, a committee may reconsider its action. A motion to reconsider must be made by a member who voted with the prevailing side.
10. Committee chairmen shall determine the agenda of each meeting except that committee members may request an item for the agenda by communicating with the chairman at least 4 days before the meeting. A majority of a committee may, by vote, add an item to the agenda of the next regularly scheduled meeting.
11. Secretaries to committees shall give notices of hearings on bills to anyone requesting notices of particular bills.
12. All committees shall keep minutes of meetings. The minutes must cover members present and absent, subjects under discussion, witnesses who appear, committee members’ statements concerning legislative intent, action taken by the committee, as well as the vote of individual members on all matters on which a vote is taken. Any member may submit to the secretary additional remarks to be included in the minutes and records of committee meetings. At the conclusion of the legislative session, the Secretary of the Senate shall deliver all minutes and records of committee meetings in her possession to the Director of the Legislative Counsel Bureau.
13. In addition to the minutes, the committee secretary shall maintain a record of all bills, including:
(a) Date bill referred;
(b) Date bill received;
(c) Date set for hearing the bill;
(d) Date or dates bill heard and voted upon; and
(e) Date report prepared.
14. Each committee secretary shall file the minutes of each meeting with the Secretary of the Senate as soon as practicable after the meeting.
15. All committee minutes are open to public inspection upon request and during normal business hours.
Rule No. 54. Review of State Agency Programs.
In addition to or concurrent with committee action taken on specific bills and resolutions during a regular session of the Legislature, each standing committee of the Senate is encouraged to plan and conduct a general review of selected programs of state agencies or other areas of public interest within the committee’s jurisdiction.
The next rule is 60.
VI. RULES GOVERNING MOTIONS
A. Motions Generally
Rule No. 60. Entertaining.
1. No motion may be debated until it is announced by the President.
2. By consent of the Senate, a motion may be withdrawn before amendment or decision.
Rule No. 61. Precedence of Motions.
When a question is under debate no motion shall be received but the following, which shall have precedence in the order named:
1. To adjourn.
2. For a call of the Senate.
3. To lay on the table.
4. For the previous question.
5. To postpone to a day certain.
6. To commit.
7. To amend.
8. To postpone indefinitely.
The first four shall be decided without debate.
Rule No. 62. When Not Entertained.
1. When a motion to commit, to postpone to a day certain, or to postpone indefinitely has been decided, it must not be again entertained on the same day.
2. When a question has been postponed indefinitely, it must not again be introduced during the session unless this rule is suspended by a two-thirds vote.
3. There must be no reconsideration of a vote on a motion to postpone indefinitely.
B. Particular Motions
Rule No. 63. To Adjourn.
A motion to adjourn shall always be in order. The name of the Senator moving to adjourn, and the time when the motion was made, shall be entered [on] in the Journal.
Rule No. 64. Lay on the Table.
A motion to lay on or take from the table shall be carried by a majority vote.
Rule No. 65. Reserved.
Rule No. 66. To Strike Enacting Clause.
A motion to strike out the enacting clause of a bill or resolution has precedence over a motion to commit or amend. If a motion to strike out the enacting clause of a bill or resolution is carried, the bill or resolution is rejected.
Rule No. 67. Division of Question.
1. Any Senator may call for a division of a question.
2. A question must be divided if it embraces subjects so distinct that if one subject is taken away, a substantive proposition remains for the decision of the Senate.
3. A motion to strike out and insert must not be divided.
Rule No. 68. To Reconsider—Precedence of.
1. A motion to reconsider has precedence over every other motion, except a motion to adjourn. When the Senate adjourns while a motion to reconsider is pending, or before passing the order of Motions and Resolutions, the right to move for reconsideration continues to the next day of sitting.
2. No notice of reconsideration of any final vote is in order on the day preceding the last day of the session.
Rule No. 69. Explanation of Motion.
Whenever a Senator moves to change the usual disposition of a bill or resolution, he shall describe the subject of the bill or resolution and state the reasons for his requesting the change in the processing of the bill or resolution.
The next rule is 80.
VII. DEBATE
Rule No. 80. Speaking on Question.
1. Every Senator who speaks shall, standing in his place, address “Mr. or Madam President,” in a courteous manner, and shall confine himself to the question before the Senate. When he has finished, he shall sit down.
2. No Senator may speak:
(a) More than twice during the consideration of any one question on the same day, except for explanation.
(b) A second time without leave when others who have not spoken desire the floor.
3. Incidental and subsidiary questions arising during debate shall not be considered the same question.
Rule No. 81. Previous Question.
The previous question shall not be put unless demanded by three Senators, and it shall be in this form: “Shall the main question be now put?” When sustained by a majority of Senators present it shall put an end to all debate and bring the Senate to a vote on the question or questions before it, and all incidental questions arising after the motion was made shall be decided without debate. A person who is speaking on a question shall not while he has the floor move to put that question.
The next rule is 90.
VIII. CONDUCT OF BUSINESS
A. Generally
Rule No. 90. Mason’s Manual.
The rules of parliamentary practice contained in Mason’s Manual of Legislative Procedure shall govern the Senate in all cases in which they are applicable and in which they are not inconsistent with the standing rules and orders of the Senate, and the joint rules of the Senate and Assembly.
Rule No. 91. Suspension of Rule.
No standing rule or order of the Senate shall be rescinded or changed without a vote of two-thirds of the Senate and one day’s notice of the motion therefor; but a rule or order may be temporarily suspended for a special purpose by a vote of two-thirds of the members present. When the suspension of a rule is called for, and after due notice from the President no objection is offered, he can announce the rule suspended and the Senate may proceed accordingly; but this shall not apply to that portion of Senate Standing Rule No. 109 relating to the third reading of bills, which cannot be suspended; and further, this rule shall not apply to the suspension of Senate Standing Rule No. 50.
Rule No. 92. Notices of Bills, Topics and Public Hearings.
Adequate notice shall be provided to the Legislators and the public by posting information relative to the bills, topics and public hearings which are to come before committees. Notices shall include the date, time, place and agenda, and shall be posted conspicuously in the legislative building, shall appear in the daily history, and shall be made available to the news media.
This requirement of notice may be suspended for an emergency by the affirmative vote of two-thirds of the committee members appointed.
Rule No. 93. Protest.
Any Senator, or Senators, may protest against the action of the Senate upon any question, and have such protest entered [upon] in the Journal.
Rule No. 94. Privilege of the Floor.
1. To preserve decorum and facilitate the business of the Senate, only the following persons may be present on the floor of the Senate during formal sessions:
(a) State officers;
(b) Officers and members of the Senate;
(c) Employees of the Legislative Counsel Bureau;
(d) Attachés and employees of the Senate; and
(e) Members of the Assembly whose presence is required for the transaction of business.
2. Guests of Senators must be seated in a section of the upper or lower gallery of the Senate Chamber to be specially designated by the Sergeant at Arms. The Majority Leader may specify special occasions when guests may be seated on the floor of the Senate with a Senator.
3. A majority of Senators may authorize the President to have the Senate Chamber cleared of all persons except Senators and officers of the Senate.
4. The Senate Chamber may not be used for any business other than legislative business during a legislative session.
Rule No. 95. Material Placed on Legislators’ Desks.
1. Only the Sergeant at Arms and officers and employees of the Senate may place papers, letters, notes, pamphlets and other written material upon a Senator’s desk. Such material must contain the name of the Legislator requesting the placement of the material on the desk or a designation of the origin of the material.
2. This rule does not apply to books containing the legislative bills and resolutions, the daily histories and daily journals of the Senate or Assembly, or Legislative Counsel Bureau material.
Rule No. 96. Reserved.
Rule No. 97. Petitions and Memorials.
The contents of any petition or memorial shall be briefly stated by the President or any Senator presenting it. It shall then lie on the table or be referred, as the President or Senate may direct.
Rule No. 98. Reserved.
Rule No. 99. Reserved.
Rule No. 100. Reserved.
Rule No. 101. Reserved.
Rule No. 102. Objection to Reading of Paper.
Where the reading of any paper is called for, and is objected to by any Senator, it shall be determined by a vote of the Senate, and without debate.
Rule No. 103. Questions Relating to Priority of Business.
All questions relating to the priority of business shall be decided without debate.
B. Bills
Rule No. 104. Reserved.
Rule No. 105. Reserved.
Rule No. 106. Skeleton Bills.
Skeleton bills may be introduced after the beginning of a session when, in the opinion of the sponsor and the Legislative Counsel, the full drafting of the bill would entail extensive research or be of considerable length. A skeleton bill will be 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. Information Concerning Bills.
1. Bills introduced may be accompanied by information relative to witnesses and selected persons of departments and agencies who should be considered for committee hearings on the proposed legislation. At the time of introduction of a bill, a list may be given to the Secretary of witnesses who are proponents of the measure together with their addresses and telephone numbers. This information may be provided by:
(a) The Senator introducing the bill;
(b) The person requesting a committee introduction of the bill; or
(c) The chairman of a committee introducing the bill.
2. The Secretary shall deliver this information to the chairman of the committee to which the bill is referred. Members of the committee may suggest additional names for witnesses.
3. The Legislator may provide an analysis which may describe the intent, purpose, justification and effects of the bill, or any of them.
Rule No. 108. Reserved.
Rule No. 109. Reading of Bills.
1. Every bill must receive three readings before its passage, unless, in case of emergency, this rule is suspended by a two-thirds vote.
2. The first reading of a bill is for information, and if there is opposition to the bill, the question must be, “Shall this bill be rejected?” If there is no opposition to the bill, or if the question to reject is defeated, the bill must then take the usual course.
3. No bill may be committed until once read, nor amended until twice read.
4. The third reading of every bill must be by sections.
Rule No. 110. Second Reading File—Consent Calendar.
1. All bills or joint resolutions reported by committee must be placed on a second reading file unless recommended for placement on the consent calendar.
2. A committee shall not recommend a bill or joint resolution for placement on the consent calendar if:
(a) An amendment of the bill or joint resolution is recommended;
(b) It contains an appropriation; [or]
(c) It requires a two-thirds vote of the Senate; or
(d) It is controversial in nature.
3. A bill or joint resolution recommended for placement on the consent calendar must be included in the daily file listed in the daily history of the Senate at least 1 calendar day before it may be considered.
4. A bill or joint resolution must be removed from the consent calendar at the request of any Senator. A bill or joint resolution so removed must be immediately placed on the second reading file for consideration in the usual order of business.
5. When the consent calendar is called, the bills remaining on the consent calendar must be read by number and summary, and the vote must be taken on their final passage as a group.
Rule No. 111. Printing.
Eleven hundred copies of all bills and resolutions of general interest must be printed for the use of the Senate and Assembly. Such other matter must be printed as may be ordered by the Senate.
Rule No. 112. Reserved.
Rule No. 113. Reading of Bills—General File.
1. Upon reading of bills on the second reading file, Senate and Assembly bills reported without amendments must be placed on the general file. Committee amendments reported with bills must be considered upon their second reading and such amendments may be adopted by a majority vote of the members present. Bills so amended must be reprinted, engrossed or reengrossed, and placed on the general file. The file must be posted in the Senate Chamber and made available to members of the public each day by the Secretary.
2. Any member may move to amend a bill during its reading on the second reading file or during its third reading and the motion to amend may be adopted by a majority vote of the members present. Bills so amended on second reading must be treated the same as bills with committee amendments. Any bill so amended upon the general file must be reprinted and engrossed or reengrossed.
3. Unless otherwise ordered by the Senate, eleven hundred copies of all amended bills must be printed.
Rule No. 114. Commitment of Bill With Special Instructions.
A bill may be committed with special instructions to amend at any time before taking the final vote.
Rule No. 115. Reconsideration of Vote on Bill.
1. On the day after the final vote on any bill, the vote may be reconsidered on motion of any member if notice of intention to move for reconsideration was given on the day the final vote was taken by a Senator who voted on the prevailing side. No motion to reconsider is in order on the day the final vote was taken, except by unanimous consent.
2. Motions to reconsider a vote upon amendments to any pending question may be made and decided at once.
Rule No. 116. Reserved.
Rule No. 117. Different Subject Not Admitted as Amendment.
No subject different from that under consideration shall be admitted as an amendment; and no bill or resolution shall be amended by incorporating any irrelevant subject matter or by association or annexing any other bill or resolution pending in the Senate, but a substitute may be offered at any time so long as the original is open to amendment.
C. Resolutions
Rule No. 118. Treated as Bills.
Resolutions addressed to Congress, or to either House thereof, or to the President of the United States, or the heads of any of the national departments, or proposing amendments to the State Constitution are subject, in all respects, to the foregoing rules governing the course of bills. A joint resolution proposing an amendment to the constitution shall be entered in the journal in its entirety.
Rule No. 119. Treated as Motions.
Resolutions, other than those referred to in Senate Standing Rule No. 118, shall be treated as motions in all proceedings of the Senate.
Rule No. 120. Order of Business.
1. Roll Call.
2. Prayer [by the Chaplain.
3.] and Pledge of allegiance to the Flag.
[4.]3. Reading and Approval of the Journal.
[5.] 4. Reports of [Standing Committees.
6.] Committees.
5. Messages from the Governor.
[7.] 6. Messages from the Assembly.
[8. Communications from State Officers.]
7. Communications.
8. Waivers and Exemptions.
9. Motions, Resolutions and Notices.
10. Introduction, First Reading and Reference.
11. Consent Calendar.
12. Second Reading and Amendment.
13. [Business on] General File and Third Reading.
14. Unfinished Business.
15. Special Orders of the Day.
16. Remarks from the Floor; Introduction of Guests.
Rule No. 121. Privilege.
Any Senator may rise and explain a matter personal to himself by leave of the President, but he shall not discuss any pending question in such explanation.
Rule No. 122. Reserved.
Rule No. 123. Reserved.
Rule No. 124. Preference to Speak.
When two or more Senators rise at the same time the President shall name the one who may first speak—giving preference, when practicable, to the mover or introducer of the subject under consideration.
Rule No. 125. Special Order.
The President shall call the Senate to order on the arrival of the time fixed for the consideration of a special order, and announce that the special order is before the Senate, which shall be considered, unless it be postponed by a two-thirds vote, and any business before the Senate at the time of the announcement of the special order shall go to Unfinished Business.
Rule No. 126. Reserved.
Rule No. 127. Reserved.
Rule No. 128. Reserved.
Rule No. 129. Reserved.
D. Contests of Elections
Rule No. 130. Procedure.
1. The Senate shall not dismiss a statement of contest for want of form if any ground of contest is alleged with sufficient certainty to inform the defendant of the charges he is required to meet. The following grounds are sufficient, but are not exclusive:
(a) That the election board or any member thereof was guilty of malfeasance.
(b) That a person who has been declared elected to an office was not at the time of election eligible to that office.
(c) That illegal votes were cast and counted for the defendant, which, if taken from him, will reduce the number of his legal votes below the number necessary to elect him.
(d) That the election board, in conducting the election or in canvassing the returns, made errors sufficient to change the result of the election as to any person who has been declared elected.
(e) That the defendant has given, or offered to give, to any person a bribe for the purpose of procuring his election.
(f) That there was a possible malfunction of any voting or counting device.
2. The contest must be submitted so far as may be possible upon depositions or by written or oral arguments as the Senate may order. Any party to a contest may take the deposition of any witness at any time after the statement of contest is filed with the Secretary of State and before the contest is finally decided. At least 5 days’ notice must be given to the prospective deponent and to the other party. If oral statements are made at any hearing before the Senate or a committee thereof which purport to establish matters of fact, they must be made under oath. Strict rules of evidence do not apply.
3. The contestant has the burden of proving that any irregularities shown were of such nature as to establish the probability that the result of the election was changed thereby. After consideration of all the evidence, the Senate shall declare the defendant elected unless the Senate finds from the evidence that a person other than the defendant received the greatest number of legal votes, in which case the Senate shall declare that person elected.
The next rule is 140.
IX. LEGISLATIVE INVESTIGATIONS
Rule No. 140. Compensation of Witnesses.
Witnesses summoned to appear before the Senate, or any of its committees, shall be compensated as provided by law for witnesses required to attend in the courts of the State of Nevada.
Senator Raggio moved the adoption of the resolution.
Remarks by Senators Raggio, Neal, Titus and James.
Senator Raggio moved that the Senate recess subject to the call of the Chair.
Motion carried.
Senate in recess at 2:35 p.m.
SENATE IN SESSION
At 2:39 p.m.
President Hunt presiding.
Quorum present.
Resolution adopted unanimously.
By Senators Raggio and Titus:
Senate Resolution No. 2—Providing allowances to the leadership and other members of the Senate for periodicals, stamps, stationery and communications.
Senator Raggio moved the adoption of the resolution.
Senator Raggio requested that his remarks be entered in the Journal.
Madam President. This resolution provides an allowance to leadership and other members of the Senate for periodicals, postage, stationery and communications which is used by each Senator for office expenditures for this session.
Resolution adopted unanimously.
By Senators Raggio and Titus:
Senate Resolution No. 3—Providing for the appointment of attachés.
Resolved by the Senate of the State of Nevada, That the following persons are elected as attachés of the Senate for the 71st session of the Legislature of the State of Nevada: Mary Jo Mongelli, Ann-Berit Moyle, Mary R. Phillips, Molly Dondero, Susan S. Whitford, Gerry Selover, Jane Gill, Ruth B. Pierini, June A. Fitzpatrick, Charles P. Welsh, Sam A. Palazzolo, John D. Turner, Ronald Sandoval, Evelyn Mattheus, Bridget Peachay, Shirley Hammon, Betty Christenson, Jan Hunt, Joan Thran, Dorothy Souza, Linda Chapman, Rochelle McAlister, Lauren Arends, Hazel Wong, Stella Blood, Jeanne Baret, JoAnn Wessel, Lela Rude, Laura Adler, Francis Allen, Carolyn Allfree, Lauren Arends, Sandy Arraiz, Sheri Asay, Ann Bednarski, Ricka Benum, Billie Brinkman, Julie Burdette, Carole Cavolick, Cwendolyn Chapman, Cynthia Cook, Patricia DiDomenico, Heather Dion, Michael Ellis, Laura Hale, Patti Hampton, Judy Jacobs, Jean Laird, Beverly LaMotte, Lydia Lee, Maudie Long, Joshua Martinez, Joan Moseid, Barbara Moss, Silvia Motta, Gayle Nadeau, Alice Nevin, Lyndl Payne, Debra Petrelli, Joan Polichio-Palm, Sherry Rodriguez, ElizaBeth Root, Jennifer Ruedy, Marion Sandoval, Paula Saponaro, Mavis Scarff, Maureen Schafer, Sharon Spencer, Stephanie Syrrakos, Judith Toscano, Rochelle Trotts, Bob Williston, Norman Wessel, Sharon Carter, Jonnie Willis, Rayna Wortman, Emory Crews, Janet Meredith, Patty Woodworth, Bob Byington, Ed Cordisco, Alyce King, Rod Mill, John Perondi, Joe Pieretti, Marlene Staub, Lori Whatley, Fred White and Katy Wilson.
Senator Raggio moved the adoption of the resolution.
Remarks by Senator Raggio.
Resolution adopted unanimously.
INTRODUCTION, FIRST READING AND REFERENCE
By Senators Raggio and Titus:
Senate Bill No. 1—AN ACT making an appropriation to the legislative fund; and providing other matters properly relating thereto.
Senator Raggio moved that all rules be suspended, reading so far had considered first reading, rules further suspended, Senate Bill No. 1 declared an emergency measure under the Constitution and placed on third reading and final passage.
Senator Raggio requested that his remarks be entered in the Journal.
Thank you, Madam President. This is the traditional bill that is introduced as Senate Bill No. 1 at the beginning of each session of the Legislature. This bill provides the appropriation of $10 million for the operation of the Legislature during this session.
Motion carried unanimously.
GENERAL FILE AND THIRD READING
Senate Bill No. 1.
Bill read third time.
Remarks by Senator Raggio.
Roll call on Senate Bill No. 1:
Yeas—21.
Nays— None.
Senate Bill No. 1 having received a constitutional majority, Madam President declared it passed.
Senator Raggio moved that all rules be suspended and that Senate Bill No.1 be immediately transmitted to the Assembly.
Motion carried unanimously.
Bill ordered transmitted to the Assembly.
Senator Raggio moved that the Senate recess subject to the call of the Chair.
Motion carried.
Senate in recess at 3:05 p.m.
SENATE IN SESSION
At 3:10 p.m.
President Hunt presiding.
Quorum present.
MESSAGES FROM THE ASSEMBLY
Assembly Chamber, Carson City, February 5, 2001
To the Honorable the Senate:
I have the honor to inform your honorable body that the Assembly on this day adopted Assembly Concurrent Resolution No. 1.
Patricia R. Williams
Assistant Chief Clerk of the Assembly
MOTIONS, RESOLUTIONS AND NOTICES
Assembly Concurrent Resolution No. 1—Adopting the Joint Rules of the Senate and Assembly for the 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] in the Journal of proceedings.
Whenever a message from the Governor is received, the Sergeant at Arms will announce: “Mr. President, or Mr. Speaker, the Secretary of the Governor is at the bar.” The secretary will, upon being recognized by the presiding officer, announce: “Mr. President, or Mr. Speaker, a message from His Excellency, the Governor of Nevada, to the Honorable, the Senate or Assembly,” and hand same to the Sergeant at Arms for delivery to the Secretary of the Senate or Chief Clerk of the Assembly. The presiding officer will direct the biennial message of the Governor to be received and read, and all special messages to be received, read and entered in full [upon] in the Journal of proceedings.
Messages from the Senate to the Assembly shall be delivered by the Secretary or Assistant Secretary, and messages from the Assembly to the Senate shall be delivered by the Chief Clerk or Assistant Chief Clerk.
NOTICE OF FINAL ACTION
Rule No. 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 consent of the houses or by concurrent resolution. One or more such adjournments, for a total of not more than 20 days during any regular session, may be taken to permit standing committees, select committees or the Legislative Counsel Bureau to prepare the matters respectively entrusted to them for the consideration of the Legislature as a whole.
EXPENDITURES FROM THE LEGISLATIVE FUND
Rule No. 10. [Routine Expenses or Concurrent Resolution.]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] Resolutions requested 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 Floor Leader of the Assembly extends during the interim between regular sessions of the Legislature.
2. The Senators designated to be the President pro Tem, Majority Leader and Minority Leader for the next succeeding regular session shall perform any statutory duty required in the period between the time of their designation after the general election and the organization of the next succeeding regular session of the Legislature if the Senator formerly holding the respective position is no longer a Legislator.
3. The Assemblymen designated to be the Speaker, Speaker pro Tem, Majority Floor Leader and Minority Floor Leader for the next succeeding regular session shall perform any statutory duty required in the period between the time of their designation after the general election and the organization of the next succeeding regular session.
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.
Senator Raggio moved the adoption of the resolution.
Remarks by Senators Raggio, Titus and Neal.
Senator Titus requested that her remarks be entered in the Journal.
In Rule No. 13.2.1, the top of page 14 refers to state population of the district determined by the 2000 federal decennial census. There was a lot of debate and discussion in our committee. The possibility is that the census will give us absolute figures and figures that also include some sampling that might be adjusted. This would allow us to look at both sets of those figures.
Senator Raggio moved that Assembly Concurrent Resolution No. 1 be taken from the Resolution File and placed on the Resolution File for the next legislative day.
Remarks by Senator Raggio.
Motion carried.
COMMUNICATIONS
Messages From The Secretary Of State
State Of Nevada
Department of State
Carson City, Nevada 89701
January 23, 2001
Claire Jesse Clift, Secretary of the Senate
401 S. Carson Street, Carson City, Nevada 89701-4747
Dear Ms. Clift:
In compliance with the laws of the State of Nevada and in response to your letter, returned herewith are Senate Joint Resolutions Nos. 11 and 20 of the Seventieth Session for consideration by the 2001 Nevada Legislature.
Respectfully,
Dean Heller
Secretary of State
February 5, 2001
To the Honorable 2001 Legislature of the State of Nevada, Carson City, Nevada
Ladies and Gentlemen of the Senate:
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 to you with this letter that certain Initiative Petition entitled: “NEVADA TAX FAIRNESS AND QUALITY SCHOOL FUNDING ACCOUNTABILITY ACT. 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 to 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
Secretary of State
Carson City, Nevada
Consolidated Municipality and State Capital
201 North Carson Street, Suite #2
Carson City, NV 89701
February 5, 2001
Dear Majority Leader Raggio and Members of the Senate:
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 6. 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
MOTIONS, RESOLUTIONS AND NOTICES
By Senator O'Connell:
Senate Joint Resolution No. 11 of the 70th Session—Proposing to amend the Constitution of the State of Nevada to authorize the abatement of the property tax for certain owners of single-family residences.
Resolved by the Senate and Assembly of the State of Nevada, Jointly, That section 1 of article 10 of the Constitution of the State of Nevada be amended to read as follows:
Section 1. 1. The legislature shall provide by law for a uniform and equal rate of assessment and taxation, and shall prescribe such regulations as shall secure a just valuation for taxation of all property, real, personal and possessory, except mines and mining claims, which shall be assessed and taxed only as provided in section 5 of this article.
2. Shares of stock, bonds, mortgages, notes, bank deposits, book accounts and credits, and securities and choses in action of like character are deemed to represent interest in property already assessed and taxed, either in Nevada or elsewhere, and shall be exempt.
3. The legislature may constitute agricultural and open-space real property having a greater value for another use than that for which it is being used, as a separate class for taxation purposes and may provide a separate uniform plan for appraisal and valuation of such property for assessment purposes. If such plan is provided, the legislature shall also provide for retroactive assessment for a period of not less than 7 years when agricultural and open-space real property is converted to a higher use conforming to the use for which other nearby property is used.
4. Personal property which is moving in interstate commerce through or over the territory of the State of Nevada, or which was consigned to a warehouse, public or private, within the State of Nevada from outside the State of Nevada for storage in transit to a final destination outside the State of Nevada, whether specified when transportation begins or afterward, shall be deemed to have acquired no situs in Nevada for purposes of taxation and shall be exempt from taxation. Such property shall not be deprived of such exemption because while in the warehouse the property is assembled, bound, joined, processed, disassembled, divided, cut, broken in bulk, relabeled or repackaged.
5. The legislature may exempt motor vehicles from the provisions of the tax required by this section, and in lieu thereof, if such exemption is granted, shall provide for a uniform and equal rate of assessment and taxation of motor vehicles, which rate shall not exceed five cents on one dollar of assessed valuation.
6. The legislature shall provide by law for a progressive reduction in the tax upon business inventories by 20 percent in each year following the adoption of this provision, and after the expiration of the 4th year such inventories are exempt from taxation. The legislature may exempt any other personal property, including livestock.
7. No inheritance tax shall ever be levied.
8. The legislature may exempt by law property used for municipal, educational, literary, scientific or other charitable purposes, or to encourage the conservation of energy or the substitution of other sources for fossil sources of energy.
9. No income tax shall be levied upon the wages or personal income of natural persons. Notwithstanding the foregoing provision, and except as otherwise provided in subsection 1 of this section, taxes may be levied upon the income or revenue of any business in whatever form it may be conducted for profit in the state.
10. The legislature may provide by law for an abatement of the tax upon or an exemption of part of the assessed value of a single-family residence occupied by the owner to the extent necessary to avoid severe economic hardship to the owner of the residence.
Senator McGinness moved that the resolution be referred to the Committee on Taxation.
Motion carried.
By the Committee on Government Affairs:
Senate Joint Resolution No. 20 of the 70th Session—Proposes to amend the Constitution of the State of Nevada to provide requirements for the enactment of property and sales tax exemptions.
Resolved by the Senate and Assembly of the State of Nevada, Jointly,That a new section, designated section 6, be added to article 10 of the Constitution of the State of Nevada to read as follows:
Sec. 6. 1. The Legislature shall not enact an exemption from any ad valorem tax on property or excise tax on the sale, storage, use or consumption of tangible personal property sold at retail unless the Legislature:
(a) Determines that the exemption will achieve a bona fide social or economic purpose;
(b) Restricts the eligibility for the exemption solely to the intended beneficiaries of the exemption;
(c) Determines that the exemption will not have a material adverse effect on the finances of the state or any local government that would otherwise receive revenue from the tax from which the exemption would be granted;
(d) Determines that the exemption will not impair adversely the ability of the state or a unit of government to pay, when due, all interest and principal on any outstanding bonds or any other obligations for which revenue from the tax from which the exemption would be granted was pledged; and
(e) Ensures that the requirements for claiming the exemption are as similar as practicable for similar classes of taxpayers.
2. The Legislature shall review any exemption from any tax on property or on the sale, storage, use or consumption of tangible personal property sold at retail at least once every 6 years to determine whether the purpose of the exemption is still valid and that the exemption is being used effectively.
Senator McGinness moved that the resolution be referred to the Committee on Taxation.
Motion carried.
MESSAGES FROM THE GOVERNOR
State of Nevada
Executive Chamber
Carson City, Nevada 89701
February 1, 2001
The Honorable Senator William J. Raggio
The Honorable Assemblyman Richard M. Perkins, Nevada Legislature,
Legislative Building, 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 Chamber in Carson City.
Allow me to extend my sincere wishes for a productive legislative session. My staff and I look forward to working with all of you.
Respectfully,
Kenny C. Guinn
MOTIONS, RESOLUTIONS AND NOTICES
Senator Raggio moved that in accordance with the provisions of Article 5, Section 10 of the Nevada Constitution, that Governor Guinn’s State of the State Address to the Nevada Legislature, as presented to the special committee to receive the Governor’s State of the State Address on January 22, 2001 be entered in the Senate Journal for this legislative day.
Motion carried.
State of the State Address to the Nevada Legislature
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 1,500 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 Chamber, who could not get a ticket to be in the well of the Assembly, and I want to thank them too 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 1,000 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, patienceand 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 two years ago we had less than 2,000 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 1,400 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.
INTRODUCTION, FIRST READING AND REFERENCE
By Senator Amodei:
Senate Bill No. 2—AN ACT relating to insurance; requiring a provider of coverage for prescription drugs to disclose certain information regarding the use of a formulary; prohibiting such a provider from limiting or excluding coverage for a prescribed drug under certain circumstances; and providing other matters properly relating thereto.
Senator Rawson moved that the bill be referred to the Committee on Commerce and Labor.
Motion carried.
By the Committee on Commerce and Labor:
Senate Bill No. 3—AN ACT relating to industrial insurance; revising the requirements for a group of employers to qualify as an association of self-insured private employers; and providing other matters properly relating thereto.
Senator Rawson moved that the bill be referred to the Committee on Commerce and Labor.
Motion carried.
By Senator Townsend:
Senate Bill No. 4—AN ACT relating to insurance; providing that a competitive market exists for certain types of insurance unless the commissioner of insurance specifically finds to the contrary; revising the provisions governing the filing and approval of rates of insurers in a competitive market; authorizing the commissioner to require certain insurers to file additional supporting data; providing for the issuance by the commissioner of orders to discontinue a rate; and providing other matters properly relating thereto.
Senator Rawson moved that the bill be referred to the Committee on Commerce and Labor.
Motion carried.
By Senator O'Donnell:
Senate Bill No. 5—AN ACT relating to service contracts; providing that a provision for automatic renewal in such a contract is unenforceable against the person receiving the service except under certain circumstances; and providing other matters properly relating thereto.
Senator Rawson moved that the bill be referred to the Committee on Commerce and Labor.
Motion carried.
By Senator Washington:
Senate Bill No. 6—AN ACT relating to property insurance; prohibiting a lender from requiring that a borrower insure an improvement to real property for more than its replacement value as a condition of obtaining or maintaining a loan secured by real property; and providing other matters properly relating thereto.
Senator Rawson moved that the bill be referred to the Committee on Commerce and Labor.
Motion carried.
By Senator Wiener:
Senate Bill No. 7—AN ACT relating to children, authorizing director of juvenile services to create and administer a fund to finance a program of restitution through work; limiting the amount that may be deducted from the wages of a child in a program of restitution through work; authorizing a director of juvenile services to create and administer a fund to finance a program of cognitive training and human development; and providing other matters properly relating thereto.
Senator Rawson moved that the bill be referred to the Committee on Judiciary.
Motion carried.
By the Committee on Taxation:
Senate Bill No. 8—AN ACT relating to long-term care; directing the Legislative Commission to appoint a subcommittee to continue the study of long-term care in this state; authorizing the subcommittee to appoint an advisory committee; requiring the subcommittee to employ a consultant; making an appropriation; and providing other matters properly relating thereto.
Senator Rawson moved that the bill be referred to the Committee on Finance.
Motion carried.
By Senator Amodei and Assemblyman Dini:
Senate Bill No. 9—AN ACT making an appropriation to the Tricounty Railway Commission of Carson City and Lyon and Storey counties, or its successor in interest, for reconstruction of the railroad line from Virginia City to Carson City; and providing other matters properly relating thereto.
Senator Rawson moved that the bill be referred to the Committee on Finance.
Motion carried.
By Senator Amodei and Assemblyman Dini:
Senate Bill No. 10—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 Fernley; and providing other matters properly relating thereto.
Senator Rawson moved that the bill be referred to the Committee on Finance.
Motion carried.
By Senator Mathews and Assemblyman Anderson:
Senate Bill No. 11—AN ACT relating to the public employees’ retirement system; reducing the number of years of service required for the retirement of a police officer or a fireman at any age; and providing other matters properly relating thereto.
Senator Rawson moved that the bill be referred to the Committee on Finance.
Motion carried.
By the Committee on Finance:
Senate Bill No. 12—AN ACT making an appropriation to the ALS Association Nevada Chapter for the provision of services to patients with ALS and to help finance the finding of a cure for ALS; and providing other matters properly relating thereto.
Senator Rawson moved that the bill be referred to the Committee on Finance.
Motion carried.
By Senator Rhoads:
Senate Bill No. 13—AN ACT relating to the control of weeds; providing for the administration of a program to provide grants for the local treatment and control of invasive species of weeds that are not native to Nevada; making appropriations to carry out the program; and providing other matters properly relating thereto.
Senator Rawson moved that the bill be referred to the Committee on Finance.
Motion carried.
By Senator Rhoads:
Senate Bill No. 14—AN ACT making an appropriation to the Department of Education for vocational student organizations; and providing other matters properly relating thereto.
Senator Rawson moved that the bill be referred to the Committee on Finance.
Motion carried.
By Senator Schneider:
Senate Bill No. 15—AN ACT relating to civil actions; prohibiting an attorney whose practice involves matters relating to personal injury from acting as an arbitrator in an action relating to personal injury; and providing other matters properly relating thereto.
Senator Rawson moved that the bill be referred to the Committee on Judiciary.
Motion carried.
By Senator Rhoads:
Senate Bill No. 16—AN ACT relating to real property; requiring the seller of a home or improved lot that is adjacent to open range to disclose to the purchaser information regarding grazing on open range; and providing other matters properly relating thereto.
Senator Rawson moved that the bill be referred to the Committee on Judiciary.
Motion carried.
By Senator Wiener:
Senate Bill No. 17—AN ACT relating to transportation; repealing a duplicative provision that prohibits an unlicensed driver from operating a vehicle for transporting children; and providing other matters properly relating thereto.
Senator Rawson moved that the bill be referred to the Committee on Human Resources and Facilities.
Motion carried.
By Senator Washington:
Senate Bill No. 18—AN ACT relating to family law; requiring the court to impose sanctions in certain circumstances against a person who files an application for an order for protection against domestic violence containing a false or intentionally misleading statement concerning the adverse party; requiring the court under certain circumstances to order additional visitation with a child; requiring the court to consider certain factors before awarding custody of a child to a parent or other person; and providing other matters properly relating thereto.
Senator Rawson moved that the bill be referred to the Committee on Judiciary.
Motion carried.
By Senator Washington:
Senate Bill No. 19—AN ACT relating to liens; providing that a person who repairs appliances and electronics has a lien for the work performed and the materials furnished in repairing the appliances and electronics; and providing other matters properly relating thereto.
Senator Rawson moved that the bill be referred to the Committee on Judiciary.
Motion carried.
By Senator Washington:
Senate Bill No. 20—AN ACT relating to weapons; authorizing a person who is not a resident of this state to carry a concealed firearm in this state under certain circumstances; revising the provisions governing the type of concealed firearm that the holder of a permit to carry a concealed firearm may carry; making various other changes to the provisions governing a permit to carry a concealed firearm; providing that certain peace officers must be allowed to purchase badges indicating that they are honorably retired and therefore exempt from certain laws pertaining to weapons; and providing other matters properly relating thereto.
Senator Rawson moved that the bill be referred to the Committee on Judiciary.
Motion carried.
By Senator O'Donnell:
Senate Bill No. 21—AN ACT relating to children; establishing a preference for the adoption of a child of a minor parent by relatives of the child; providing that a minor parent may consent to a specific adoption; and providing other matters properly relating thereto.
Senator Rawson moved that the bill be referred to the Committee on Judiciary.
Motion carried.
By Senator Townsend:
Senate Bill No. 22—AN ACT relating to public works; increasing the total amount of money that may be committed beyond the biennium for all contracts for retrofitting state buildings for energy efficiency; authorizing a state or local agency whose building has been retrofitted for energy efficiency to use money saved from such retrofitting to purchase electricity from renewable energy systems; and providing other matters properly relating thereto.
Senator Rawson moved that the bill be referred to the Committee on Government Affairs.
Motion carried.
By Senator Carlton (by request):
Senate Bill No. 23—AN ACT relating to employment; prohibiting employers from discriminating against employees who have certain medical conditions; providing a penalty; and providing other matters properly relating thereto.
Senator Rawson moved that the bill be referred to the Committee on Commerce and Labor.
Motion carried.
By Senator Carlton:
Senate Bill No. 24—AN ACT relating to employment practices; prohibiting an employer from taking disciplinary action against an employee who refuses to work before or after his scheduled time; and providing other matters properly relating thereto.
Senator Rawson moved that the bill be referred to the Committee on Commerce and Labor.
Motion carried.
By Senator O'Connell (by request):
Senate Bill No. 25—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.
Senator Rawson moved that the bill be referred to the Committee on Judiciary.
Motion carried.
By Senator O'Donnell:
Senate Bill No. 26—AN ACT relating to aviation; creating the fund for aviation; providing for the administration and expenditure of the money in the fund for certain purposes relating to airports, landing areas and air navigation facilities that are owned or controlled by a county, city or other local government; and providing other matters properly relating thereto.
Senator Rawson moved that the bill be referred to the Committee on Transportation.
Motion carried.
By Senator Wiener:
Senate Bill No. 27—AN ACT relating to elections; requiring that certain sample ballots be printed in at least a certain minimum size print; and providing other matters properly relating thereto.
Senator Rawson moved that the bill be referred to the Committee on Government Affairs.
Motion carried.
By Senator Amodei:
Senate Bill No. 28—AN ACT relating to health insurance; providing in skeleton form for the formation of associations of self-insured private employers to provide health coverage; imposing certain requirements upon such an association and its board of trustees; prohibiting certain acts without a solicitor’s permit issued by the commissioner of insurance; authorizing the commissioner of insurance to impose an administrative fine for certain violations; imposing certain requirements upon a third-party administrator for such an association; providing a penalty; and providing other matters properly relating thereto.
Senator Rawson moved that the bill be referred to the Committee on Commerce and Labor.
Motion carried.
By the Committee on Judiciary:
Senate Bill No. 29—AN ACT relating to statutes; ratifying technical corrections made to sections of NRS and to multiple amendments of sections of NRS; correcting the effective date of, correcting certain provisions in and repealing certain provisions in Statutes of Nevada; and providing other matters properly relating thereto.
Senator Rawson moved that the bill be referred to the Committee on Judiciary.
Motion carried.
By Senator O'Connell:
Senate Bill No. 30—AN ACT relating to wildlife; eliminating the division of wildlife of the state department of conservation and natural resources; creating the department of fish and game; changing the classification of a mountain lion from a big game mammal to an unprotected mammal; increasing the number of members of the board of wildlife commissioners who may be from certain counties; increasing fees for big game tags; requiring that money collected from the increase in fees for big game tags be used only for the management of predatory animals; making an appropriation to the department of fish and game for the purpose of managing predatory animals; and providing other matters properly relating thereto.
Senator Rawson moved that the bill be referred to the Committee on Finance.
Motion carried.
By Senator Carlton:
Senate Bill No. 31—AN ACT relating to crimes; providing an enhanced penalty for the assault or battery of an employee of the state or a political subdivision of the state whose official duties require home visits; providing enhanced penalties for the assault or battery of certain persons by a probationer, prisoner or parolee; and providing other matters properly relating thereto.
Senator Rawson moved that the bill be referred to the Committee on Judiciary.
Motion carried.
By Senator Care:
Senate Bill No. 32—AN ACT relating to proceedings; allowing a witness to testify at a preliminary examination or before the grand jury through the use of audiovisual technology under certain circumstances; and providing other matters properly relating thereto.
Senator Rawson moved that the bill be referred to the Committee on Judiciary.
Motion carried.
By the Committee on Judiciary:
Senate Bill No. 33—AN ACT relating to probate; providing for a declaration of attesting witnesses to a will; revising provisions governing the appeal of a contest of a will; revising provisions governing the summary administration of an estate; providing for the application of certain provisions governing estates to provisions governing trusts; revising various other provisions governing probate; and providing other matters properly relating thereto.
Senator Rawson moved that the bill be referred to the Committee on Judiciary.
Motion carried.
By the Committee on Judiciary:
Senate Bill No. 34—AN ACT relating to guardianship; providing that certain petitions for the appointment of a temporary guardian must include a certificate from a physician or psychologist evidencing certain facts; and providing other matters properly relating thereto.
Senator Rawson moved that the bill be referred to the Committee on Judiciary.
Motion carried.
By the Committee on Judiciary:
Senate Bill No. 35—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.
Senator Rawson moved that the bill be referred to the Committee on Judiciary.
Motion carried.
By the Committee on Judiciary:
Senate Bill No. 36—AN ACT relating to forfeitures; changing the standard of proof in a proceeding for the forfeiture of property; and providing other matters properly relating thereto.
Senator Rawson moved that the bill be referred to the Committee on Judiciary.
Motion carried.
By Senator Wiener:
Senate Bill No. 37—AN ACT relating to children; revising the provision requiring the filing of an annual report regarding children placed under informal supervision; and providing other matters properly relating thereto.
Senator Rawson moved that the bill be referred to the Committee on Judiciary.
Motion carried.
By Senator Townsend:
Senate Bill No. 38—AN ACT relating to the Airport Authority of Washoe County; revising the provisions governing the appointment of the members of the board of trustees; exempting the Authority from certain requirements concerning concession agreements; and providing other matters properly relating thereto.
Senator Rawson moved that the bill be referred to the Committee on Government Affairs.
Motion carried.
By Senator Townsend:
Senate Bill No. 39—AN ACT relating to taxation; expanding the purposes for which the proceeds of certain taxes on fuel for jet or turbine-powered aircraft may be used by a governmental entity; and providing other matters properly relating thereto.
Senator Rawson moved that the bill be referred to the Committee on Taxation.
Motion carried.
By Senator Washington:
Senate Bill No. 40—AN ACT relating to education; making appropriations to the Department of Administration for allocation to the Board of Regents of the University of Nevada to provide scholarships for students who are disadvantaged and underrepresented in medical and dental schools within the University of Nevada; and providing other matters properly relating thereto.
Senator Rawson moved that the bill be referred to the Committee on Finance.
Motion carried.
By Senator Jacobsen:
Senate Bill No. 41—AN ACT making an appropriation to the Carson City Fire Department for the enhancement of the Northern Nevada Regional Fire Training Facility; and providing other matters properly relating thereto.
Senator Rawson moved that the bill be referred to the Committee on Finance.
Motion carried.
By Senator Jacobsen:
Senate Bill No. 42—AN ACT relating to domestic relations; adding adultery to the list of causes for divorce; adding adultery to the list of factors that a court must consider when determining the best interest of a child in a custody proceeding; and providing other matters properly relating thereto.
Senators Rawson moved that the bill be referred to the Committee on Judiciary.
Motion carried.
By Senator Washington:
Senate Bill No. 43—AN ACT relating to motor vehicles; eliminating the requirements relating to driver education or training for the issuance of a driver’s license to certain persons; and providing other matters properly relating thereto.
Senator Rawson moved that the bill be referred to the Committee on Transportation.
Motion carried.
By Senator Schneider:
Senate Bill No. 44—AN ACT relating to industrial insurance; defining the term “construction project” for the purpose of a consolidated insurance program; limiting the type of construction project that may be insured through a consolidated insurance program; prohibiting a consolidated insurance program from covering more than one construction project; and providing other matters properly relating thereto.
Senator Rawson moved that the bill be referred to the Committee on Commerce and Labor.
Motion carried.
By the Committee on Judiciary:
Senate Bill No. 45—AN ACT relating to marks; providing remedies to the owner of a mark for the dilution of the mark; and providing other matters properly relating thereto.
Senator Rawson moved that the bill be referred to the Committee on Commerce and Labor.
Motion carried.
By the Committee on Judiciary:
Senate Bill No. 46—AN ACT relating to the secretary of state; increasing the maximum fee the secretary of state may charge for providing special services; and providing other matters properly relating thereto.
Senator Rawson moved that the bill be referred to the Committee on Government Affairs.
Motion carried.
By the Committee on Judiciary:
Senate Bill No. 47—AN ACT relating to minors; providing for the judicial approval of certain contracts for the artistic, creative or athletic services or intellectual property of minors; and providing other matters properly relating thereto.
Senator Rawson moved that the bill be referred to the Committee on Judiciary.
Motion carried.
By the Committee on Judiciary:
Senate Bill No. 48—AN ACT relating to technology; prohibiting various acts related to the Internet, networks, computers and electronic mail; prohibiting, under certain circumstances, persons who own, operate, administer or control an Internet or network site from collecting personal identifying information from persons who access the site; prohibiting a person from committing certain acts that prevent, impede, delay or disrupt the normal operation or use of any Internet or network site, electronic mail address, computer, system or network; allowing victims of certain technological crimes to recover response costs in a civil action; providing penalties; and providing other matters properly relating thereto.
Senator Rawson moved that the bill be referred to the Committee on Judiciary.
Motion carried.
By the Committee on Judiciary:
Senate Bill No. 49—AN ACT relating to electronic transactions; adopting the Uniform Electronic Transactions Act; making various related changes pertaining to the use of electronic records and signatures; and providing other matters properly relating thereto.
Senator Rawson moved that the bill be referred to the Committee on Judiciary.
Motion carried.
By the Committee on Judiciary:
Senate Bill No. 50—AN ACT relating to trade secrets; providing that a trade secret which is misappropriated and posted on the Internet remains a trade secret under certain circumstances; authorizing a court to issue an order or injunction requiring the immediate removal of a misappropriated trade secret from the Internet; and providing other matters properly relating thereto.
Senator Rawson moved that the bill be referred to the Committee on Commerce and Labor.
Motion carried.
By the Committee on Judiciary:
Senate Bill No. 51—AN ACT relating to business associations; providing for the decrease of issued and outstanding shares of stock in certain circumstances; providing for the voting rights of fiduciaries and joint owners of stock; revising provisions governing the forfeiture of stock by delinquent subscribers; providing for the registration and management of foreign limited-liability companies; revising provisions governing the merger, conversion and exchange of business entities; providing for the domestication of certain foreign business entities; making various other changes pertaining to business associations; and providing other matters properly relating thereto.
Senator Rawson moved that the bill be referred to the Committee on Judiciary.
Motion carried.
By the Committee on Commerce and Labor:
Senate Bill No. 52—AN ACT relating to advanced practitioners of nursing; authorizing an advanced practitioner of nursing to prescribe controlled substances under certain circumstances; and providing other matters properly relating thereto.
Senator Rawson moved that the bill be referred to the Committee on Commerce and Labor.
Motion carried.
By Senator Care:
Senate Bill No. 53—AN ACT relating to banks; repealing the provisions establishing criminal penalties for certain acts in derogation of a bank; and providing other matters properly relating thereto.
Senator Rawson moved that the bill be referred to the Committee on Commerce and Labor.
Motion carried.
By Senator Rawson:
Senate Bill No. 54—AN ACT relating to motor vehicles; providing for the issuance of special license plates for the support of the rights of animals, including support for the activities of People for the Ethical Treatment of Animals or its successor; imposing a fee for the issuance or renewal of such license plates; and providing other matters properly relating thereto.
Senator Rawson moved that the bill be referred to the Committee on Transportation.
Motion carried.
By the Committee on Human Resources and Facilities:
Senate Bill No. 55—AN ACT relating to the Western Interstate Commission for Higher Education; requiring the collection of an application fee to receive financial support from the commission; revising the conditions under which such support may be granted; eliminating the limitation placed on the amount of such support; authorizing money in the commission’s fund for student loans to be used for administrative expenses; and providing other matters properly relating thereto.
Senator Rawson moved that the bill be referred to the Committee on Human Resources and Facilities.
Motion carried.
By Senator O'Donnell:
Senate Bill No. 56—AN ACT relating to transportation; revising the composition of the board of directors of the department of transportation and of certain regional transportation commissions; and providing other matters properly relating thereto.
Senator Rawson moved that the bill be referred to the Committee on Transportation.
Motion carried.
By Senator Carlton:
Senate Bill No. 57—AN ACT relating to legislators; prohibiting a private contract of employment that provides for a loss of job seniority for a legislator because of the legislator’s attendance at certain meetings, conferences and seminars during the legislative interim; requiring public and private employers to grant leave for employees who are legislators to attend certain meetings, conferences and seminars during the legislative interim; and providing other matters properly relating thereto.
Senator Rawson moved that the bill be referred to the Committee on Legislative Affairs and Operations.
Motion carried.
By Senator Townsend:
Senate Bill No. 58—AN ACT relating to the state executive department; creating the Nevada commission on children and families; establishing its powers and duties; requiring the director of the department of human resources to provide certain staff assistance to the commission; and providing other matters properly relating thereto.
Senator Rawson moved that the bill be referred to the Committee on Government Affairs.
Motion carried.
By Senator Coffin:
Senate Bill No. 59—AN ACT relating to taxes on motor vehicles; changing the designation of privilege taxes to governmental services taxes; and providing other matters properly relating thereto.
Senator Rawson moved that the bill be referred to the Committee on Taxation.
Motion carried.
By the Committee on Government Affairs:
Senate Bill No. 60—AN ACT relating to local governments; restricting the amount a local government may place in an enterprise fund for building permit fees; authorizing a local government to maintain an amount of working capital in such an enterprise fund for certain purposes; requiring a local government to reduce the building permit fees it charges if an excess amount is maintained in such an enterprise fund for a certain period; and providing other matters properly relating thereto.
Senator Rawson moved that the bill be referred to the Committee on Government Affairs.
Motion carried.
By the Committee on Government Affairs:
Senate Bill No. 61—AN ACT relating to public works projects; authorizing certain public bodies to contract with a design-build team for certain public works projects; removing certain requirements for providing notice of certain hearings; removing certain requirements for advertising for preliminary proposals from design-build teams for certain projects; changing certain requirements for the contents of a request for preliminary proposals; authorizing a public body and the department of transportation to select finalists for submitting a final proposal within a certain period; requiring a public body and the department of transportation to consider the degree to which a preliminary proposal is responsive to certain requirements when selecting finalists; changing certain requirements for a request for final proposals; removing the date for expiration of provisions relating to the use of design-build teams on public works projects; and providing other matters properly relating thereto.
Senator Rawson moved that the bill be referred to the Committee on Government Affairs.
Motion carried.
By Senator O'Connell (by request):
Senate Bill No. 62—AN ACT relating to animals; increasing the penalties for certain mistreatment of animals; and providing other matters properly relating thereto.
Senator Rawson moved that the bill be referred to the Committee on Judiciary.
Motion carried.
By the Committee on Government Affairs:
Senate Bill No. 63—AN ACT relating to public works projects; authorizing public bodies and local governments to award contracts for certain public works projects to specialty contractors; specifying that certain requirements for receiving a certificate for preference in bidding must be satisfied while licensed as a general contractor or specialty contractor; requiring the state contractor’s board to issue a certificate of eligibility to receive a preference in bidding to a specialty contractor under certain circumstances; allowing general contractors and specialty contractors to receive a preference for bidding on public works by purchasing a contractor that possesses such a preference; and providing other matters properly relating thereto.
Senator Rawson moved that the bill be referred to the Committee on Government Affairs.
Motion carried.
By the Committee on Government Affairs:
Senate Bill No. 64—AN ACT relating to property taxes; authorizing the payment of taxes assessed upon personal property in installments under certain circumstances; and providing other matters properly relating thereto.
Senator Rawson moved that the bill be referred to the Committee on Taxation.
Motion carried.
By the Committee on Government Affairs:
Senate Bill No. 65—AN ACT relating to the state legislature; changing the name of the legislative committee to study distribution among local governments of revenue from state and local taxes to the legislative committee for local government taxes and finances; extending the study by the committee of the system of taxation of certain businesses that are centrally or locally assessed; extending the date for expiration of the committee and certain statutory provisions relating thereto; and providing other matters properly relating thereto.
Senator Rawson moved that the bill be referred to the Committee on Legislative Affairs and Operations.
Motion carried.
By Senator Rawson:
Senate Bill No. 66—AN ACT making an appropriation to the Division of Museums and History of the Department of Museums, Library and Arts for the development and construction of a state museum in Southern Nevada; and providing other matters properly relating thereto.
Senator Rawson moved that the bill be referred to the Committee on Finance.
Motion carried.
By the Committee on Human Resources and Facilities:
Senate Bill No. 67—AN ACT making an appropriation to the Clark County School District to conduct a pilot program to carry out a rotating block schedule in selected middle and high schools in Clark County; and providing other matters properly relating thereto.
Senator Rawson moved that the bill be referred to the Committee on Finance.
Motion carried.
By the Committee on Finance:
Senate Bill No. 68—AN ACT making a contingent appropriation to Carson City to assist in the construction of a three-story public parking garage in downtown Carson City; and providing other matters properly relating thereto.
Senator Rawson moved that the bill be referred to the Committee on Finance.
Motion carried.
By the Committee on Finance:
Senate Bill No. 69—AN ACT relating to educational personnel; requiring the boards of trustees of school districts to pay increased salaries to teachers who provide instruction in a field of mathematics or science and to teachers who provide instruction to pupils with disabilities; requiring the state board of education to adopt regulations identifying the endorsements in the fields of mathematics or science that qualify a teacher to receive an increase in salary; and providing other matters properly relating thereto.
Senator Rawson moved that the bill be referred to the Committee on Finance.
Motion carried.
By Senator Amodei:
Senate Bill No. 70—AN ACT relating to taxation; revising the provisions governing the classification of manufactured homes as real property for the purpose of property taxes; and providing other matters properly relating thereto.
Senator Rawson moved that the bill be referred to the Committee on Taxation.
Motion carried.
By Senator Jacobsen:
Senate Bill No. 71—AN ACT relating to taxes on retail sales; providing for the submission to the voters of the question whether the Sales and Use Tax Act of 1955 should be amended to provide an exemption from the tax for liquefied petroleum gas used for additional domestic purposes; contingently providing the same exemption from certain analogous taxes; and providing other matters properly relating thereto.
Senator Rawson moved that the bill be referred to the Committee on Taxation.
Motion carried.
By Senator Jacobsen:
Senate Bill No. 72—AN ACT relating to cigarettes; revising the definition of “basic cost of cigarettes” for the purposes of the regulation of sales of cigarettes by wholesale dealers; and providing other matters properly relating thereto.
Senator Rawson moved that the bill be referred to the Committee on Taxation.
Motion carried.
By the Committee on Human Resources and Facilities:
Senate Bill No. 73—AN ACT relating to education; requiring the state board of education to prescribe a form for use by public schools to provide reports to parents and legal guardians regarding the involvement of the parents and legal guardians in the education of their children; requiring the use of the form in public schools; and providing other matters properly relating thereto.
Senator Rawson moved that the bill be referred to the Committee on Human Resources and Facilities.
Motion carried.
By the Committee on Human Resources and Facilities:
Senate Bill No. 74—AN ACT relating to residential facilities for groups; clarifying the provisions regarding regulation of such facilities; and providing other matters properly relating thereto.
Senator Rawson moved that the bill be referred to the Committee on Human Resources and Facilities.
Motion carried.
By Senator Amodei:
Senate Bill No. 75—AN ACT relating to state printing; clarifying the employment classification of the employees of the state printing division; and providing other matters properly relating thereto.
Senator Rawson moved that the bill be referred to the Committee on Government Affairs.
Motion carried.
By Senator Amodei:
Senate Bill No. 76—AN ACT relating to correctional officers; requiring correctional officers employed by the department of prisons to complete a program for facility training; and providing other matters properly relating thereto.
Senator Rawson moved that the bill be referred to the Committee on Judiciary.
Motion carried.
By Senator Amodei and Assemblyman Dini:
Senate Bill No. 77—AN ACT relating to motor vehicles; providing for the issuance of special license plates for the support of the reconstruction of the Virginia & Truckee Railroad; providing for the issuance of souvenir license plates that indicate support for the reconstruction of the Virginia & Truckee Railroad; imposing a fee for the issuance or renewal of special license plates to finance the reconstruction of the Virginia & Truckee Railroad; and providing other matters properly relating thereto.
Senator Rawson moved that the bill be referred to the Committee on Transportation.
Motion carried.
MOTIONS, RESOLUTIONS AND NOTICES
Madam President announced that the following standing committees had been appointed, first-named Senator being chairman and the second-named Senator being vice-chairman.
COMMERCE AND LABOR—
Townsend, O'Connell, Rhoads, Amodei, Shaffer, Schneider, Carlton.
FINANCE—
Raggio, Rawson, Jacobsen, O'Donnell, Neal, Coffin, Mathews.
GOVERNMENT AFFAIRS—
O'Connell, Raggio, O'Donnell, Porter, Neal, Titus, Care.
HUMAN RESOURCES AND FACILITIES—
Rawson, Washington, Townsend, Amodei, Mathews, Schneider, Wiener.
JUDICIARY—
James, Porter, McGinness, Washington, Titus, Wiener, Care.
LEGISLATIVE AFFAIRS AND OPERATIONS—
Porter, James, Raggio, Rawson, Titus, Mathews, Wiener.
NATURAL RESOURCES—
Rhoads, Jacobsen, McGinness, James, Shaffer, Coffin, Carlton.
TAXATION—
McGinness, Rhoads, Townsend, O'Connell, Neal, Coffin, Schneider.
TRANSPORTATION—
O'Donnell, Amodei, Jacobsen, Washington, Shaffer, Care, Carlton.
GUESTS EXTENDED PRIVILEGE OF SENATE FLOOR
On request of President Hunt, the privilege of the floor of the Senate Chamber for this day was extended to Rennie Schreiber, Kris Absher, Pat Phillips, Judy Cox, Susan Fink and Jan Hunt.
On request of Senator Amodei, the privilege of the floor of the Senate Chamber for this day was extended to Michelle Amodei and Joy Amodei.
On request of Senator Care, the privilege of the floor of the Senate Chamber for this day was extended to Jenny Care, Diana Care, Millie Hitson, Steve Renner and Judy Toscano.
On request of Senator Carlton, the privilege of the floor of the Senate Chamber for this day was extended to Lynsey Coffman.
On request of Senator Jacobsen, the privilege of the floor of the Senate Chamber for this day was extended to Betty Jacobsen, Beverly Willard and Joan Thran.
On request of Senator James, the privilege of the floor of the Senate Chamber for this day was extended to Lori James, Annie James, John James, Mr. John James and Lois James.
On request of Senator McGinness, the privilege of the floor of the Senate Chamber for this day was extended to Dee McGinness, Brett McGinness, Sara Smith, Lynn Pearce, Shelly Pearce, Alex Pearce, Taylor Pearce and Kirby Pearce.
On request of Senator Neal, the privilege of the floor of the Senate Chamber for this day was extended to Marieta Vaughan.
On request of Senator O'Connell, the privilege of the floor of the Senate Chamber for this day was extended to Bob O’Connell.
On request of Senator Porter, the privilege of the floor of the Senate Chamber for this day was extended to Laurie Porter, Chris Porter, Nicole Porter, Michaun Jensen and Chief Bob Sears.
On request of Senator Raggio, the privilege of the floor of the Senate Chamber for this day was extended to Tracey Raggio Woodring, Summer Fernandez, Brad Woodring, Dorothy Souza, Lela Rude and Jane Welsh.
On request of Senator Rawson, the privilege of the floor of the Senate Chamber for this day was extended to Linda Rawson and Linda Chapman.
On request of Senator Rhoads, the privilege of the floor of the Senate Chamber for this day was extended to Sharon Rhoads, Joe Cahill, Chandra Cahill, Shammy McLain, Malachi McLain, Teldon McLain, Paul Goodall, Shirly Goodall and P.C. Goodall.
On request of Senator Schneider, the privilege of the floor of the Senate Chamber for this day was extended to Candy Schneider.
On request of Senator Shaffer, the privilege of the floor of the Senate Chamber for this day was extended to Sharon Shaffer, Diane Shaffer, Ryan Shaffer, Tink Shaffer and Sandy Arraiz.
On request of Senator Titus, the privilege of the floor of the Senate Chamber for this day was extended to Hazel Wong, Mark Nash and Thomas C. Wright.
On request of Senator Townsend, the privilege of the floor of the Senate Chamber for this day was extended to Shari Asay.
On request of Senator Washington, the privilege of the floor of the Senate Chamber for this day was extended to Donna Washington, Dennis Bartee, Keon Brown and the following students from the Nevada Leadership Academy: Breanna Angilley, Nikki Antoigue, Tyerra Buckner, Geoff Callahan, Cory Cargill, Crisea Colton, D’Raun Manning, Janine Mebee, Jhontie Robinson, Thomesia Smith, Larry Smith, Jahlysa Stewart, Tommy Lane, David Zabalza, Sarah Lightfoot, Ashley Mariluch, Mandee Figoni, Kyle Oliver, Dave Walton, Ed Williams, Anthony Archie, Andrew Benson, Wendy Castillo, Adam Chagnin, Indesla Chapman, Melvin English, September Fecho, Tiphoni Figoni, Jerome Garrett, Stephanie Hart, Doug Hoffman, Ben James, Matt Logan, Branca Moore, Kristina Peterson, Sofia Ramirez, William Robinson, Joe Walton, Kim Martinez; teachers: Jerry Miller, Shelly Kraft, Jeannette Dean; chaperones: Kaye Lane, Jean Abrams and Debbie Silva.
On request of Senator Wiener, the privilege of the floor of the Senate Chamber for this day was extended to Idora Silver, Marilyn K. Louden, Dr. Paul L. Knight, Steve McCauley, Patrick L. Scott, Carol Scott, Sue Scott, Patricia B. Wilson, Harold T. Wilson and Samantha B. Wilson.
REMARKS FROM THE FLOOR
Senator Raggio requested that his remarks be entered in the Journal.
Before adjourning in memory of Mary Ellen Patt who passed away during the interim, I would like to make some brief remarks. Mary Ellen began her Senate service in 1985 in Clerical Services. In 1989, she began her tenure as Front Desk Recording Clerk, a position she held until the 1999 Legislative Session.
In honor of Mary Ellen, the Front Desk staff who had the opportunity and pleasure to work with her are wearing a special piece of jewelry that she had given to each of them prior to her passing.
Senator Raggio moved that the Senate adjourn until Tuesday, February 6, 2001 at 11 a.m. and that it do so in memory of Mary Ellen Patt and in memory of Jan Evans as requested by Senator O'Connell.
Motion carried.
Senate adjourned at 4:17 p.m.
Approved:Lorraine T. Hunt
President of the Senate
Attest: Claire J. Clift