Journal

of the

Assembly of the State

of Nevada

SEVENTY-SECOND SESSION

THE FIRST DAY

Carson City (Monday), February 3, 2003

Pursuant to the provisions of the Constitution and Statutes, the Assembly was called to order by Secretary of State Dean Heller at 12 noon.

Prayer by the Chaplain, Father Caesar Caviglia, Ely, Nevada.

Lord God, we know that we are but pilgrims and pioneers in this brief measure of time allotted to us. Guide us by Your wisdom, correct us by Your justice, comfort us by Your mercy, protect us by Your power, make us prudent in deliberations, courageous in taking risks, patient in adversity, and unassuming in prosperity. We have been called by Your fellow citizens to discern the affairs of state. Rising expectations and shrinking resources seem insurmountable. Cause us to enlarge our vision and reach beyond our particular concerns and interests that we might honorably wear the noble mantle of statesmen and women. This blessing we ask of You.

Amen

Presentation of the Colors by an Honor Guard consisting of officers from Churchill, Douglas, Lyon, Nye, and Washoe Counties.

Pledge of Allegiance to the Flag.

Special musical rendition by the Sierra Nevada Master Chorale, under the direction of Mr. Richard Lee.

Mr. Secretary of State requested Ms. Jacqueline Sneddon to serve as temporary Chief Clerk of the Assembly.

Mr. Secretary of State requested that the Chief Clerk call the roll of the
42 Assemblymen-elect.

Roll called.

Present: Assemblymen Anderson, Andonov, Angle, Arberry, Atkinson, Beers, Brown, Buckley, Carpenter, Chowning, Christensen, Claborn, Collins, Conklin, Geddes, Gibbons, Giunchigliani, Goicoechea, Goldwater, Grady, Griffin, Gustavson, Hardy, Hettrick, Horne, Knecht, Koivisto, Leslie, Mabey, Manendo, Marvel, McClain, McCleary, Mortenson, Oceguera, Ohrenschall, Parks, Perkins, Pierce, Sherer, Weber, and Williams.

Mr. Secretary of State appointed Assemblymen Giunchigliani, Conklin, Anderson, McClain, McCleary, Pierce, Beers, Christensen, Grady and Weber as a temporary Committee on Elections, Procedures, and Ethics.

Assembly in recess at 12:29 p.m.

ASSEMBLY IN SESSION

At 12:51 p.m.

Mr. Secretary of State presiding.

Quorum present.

REPORTS OF COMMITTEES

Mr. Secretary of State:

Your temporary Committee on Elections, Procedures, and Ethics has had the credentials of the respective Assemblymen-elect under consideration, and begs leave to report that the following persons have been and are duly elected and qualified members of the Assembly of the 72nd Session of the Legislature of the State of Nevada: Assemblymen Anderson, Andonov, Angle, Arberry, Atkinson, Beers, Brown, Buckley, Carpenter, Chowning, Christensen, Claborn, Collins, Conklin, Geddes, Gibbons, Giunchigliani, Goicoechea, Goldwater, Grady, Griffin, Gustavson, Hardy, Hettrick, Horne, Knecht, Koivisto, Leslie, Mabey, Manendo, Marvel, McClain, McCleary, Mortenson, Oceguera, Ohrenschall, Parks, Perkins, Pierce, Sherer, Weber, and Williams.

Chris Giunchigliani, Chairman

MOTIONS, RESOLUTIONS AND NOTICES

Assemblywoman Giunchigliani moved the adoption of the report.

Motion carried unanimously.

Mr. Secretary of State appointed as a committee Assemblywoman Koivisto and Assemblyman Carpenter to escort Chief Justice Deborah A. Agosti of the Supreme Court of the State of Nevada to the rostrum to administer the oaths of office to the Assemblymen.

Mr. Secretary of State announced if there were no objections, the Assembly would recess subject to the call of the Chair.

Assembly in recess at 12:53 p.m.

ASSEMBLY IN SESSION

At 1:16 p.m.

Mr. Secretary of State presiding.

Quorum present.

Chief Justice Agosti administered the oaths of office to the Assemblymen.

Mr. Secretary of State requested the temporary Chief Clerk call the roll of those Assemblymen for whom Certificates of Election had been issued.

Roll called.

Assemblywoman Leslie moved that Chief Justice Agosti be given a unanimous vote of thanks for administering the oath.

Motion carried unanimously.

The appointed committee escorted the Chief Justice of the Supreme Court to the Bar of the Assembly.

Mr. Secretary of State announced that there would be no temporary organization of the Assembly, and that all nominations were in order for permanent appointment.

Mr. Secretary of State declared that nominations were in order for Speaker.

Assemblywoman Buckley nominated Assemblyman Perkins for Speaker.

Remarks by Assemblymen Buckley and Hettrick.

Assemblywoman Buckley moved that the following remarks be entered in the Journal.

Assemblywoman Buckley:

As we approach our 72nd Session, we have many challenges before us. All of us are here, anxious and ready to serve—to serve to the best of our ability. In order to serve the people, to conduct our business, we need a Speaker. We are fortunate to have someone who I would like to nominate for that role. He is a leader who is known for his intelligence, integrity, and compassion. Mr. Secretary of State, I’m proud to nominate Assemblyman Richard Perkins to be Speaker of the Assembly.

Assemblyman Hettrick:

Thank you, Mr. Secretary of State. I, too, am pleased to see the nomination of Speaker Perkins.

Assemblyman Hettrick moved that nominations be closed.

Motion carried unanimously.

Mr. Secretary of State declared Assemblyman Perkins to be Speaker of the Assembly.

Mr. Secretary of State appointed Assemblyman Oceguera and Assemblywoman Leslie as a committee to escort the Speaker to the rostrum.

Mr. Speaker presiding.

Assemblyman Mortenson moved that Secretary of State Heller be given a unanimous vote of thanks for his services to the Assembly.

Motion carried unanimously.

Mr. Speaker appointed Assemblyman Collins and Assemblyman Marvel as a committee to escort the Secretary of State to the Bar of the Assembly.

The appointed committee escorted Secretary of State Heller to the Bar of the Assembly.

Remarks by Mr. Speaker.

Assemblywoman Buckley requested that the following remarks be entered in the Journal.

Mr. Speaker:

Majority Floor Leader Buckley, Minority Leader Hettrick, members of the Assembly, legislative staff, friends, and guests:

Today is a day of ceremony and celebration at the Nevada Legislature, but while we focus our energies on what lies ahead in the 72nd Session, our nation reflects and grieves; mindful of those seven heroes who lost their lives in the skies over Texas. We should think of them often as we speak about courage, crisis, and consequences during the next 120 days.

There are larger forces at work in the world, and in the face of these events, some of the small things that consume us here are shown to matter very little. It is difficult, against the backdrop of these events, to find words that fit our time. While the nation once again deals with tragedy, we face challenges of a different kind; language fails us. We stand on a great threshold in our history. Now is the time for actions that speak louder than words. The Nevada of our future rests solely in the hands of those few assembled here. We have reached a critical point in our evolution as a state. The new century has brought with it new challenges, unlike any seen in at least a generation. The people’s business cannot be business as usual. We have reached a crossroads in our state’s history. You and I hold the key.

There is little new material in political speechmaking. For years politicians have relied on phrases like those I just read to you—sometimes warranted, and at other times, just simply to make a point. Those who have stood in this place of honor before me often sought to speak of such things on the opening day at the Nevada State Legislature. You know the clichés. You know the overused words. They are a common affliction in public life. Sadly, the difference today is that this kind of speechmaking is finally warranted. If every dog has its day, so must every cliché. They have finally all come true.

Two weeks ago, our Governor stood in this very Chamber. I have never seen Governor Guinn speak so passionately. He spoke of two roads down which we might take Nevada and he challenged us to be courageous in choosing our path. I commend the Governor for his remarks, his vision, and for many of his ideas. He used the force of his office well, just as I hope to in guiding the work of this House as we craft the policies important to our state. The Governor spoke of the state of our State as “fragile.” I disagree. The state of our budget is fragile. Perhaps the state of several departments and agencies and the vital services they deliver are fragile; but out there, beyond this Chamber, beyond the Capitol Complex, Nevadans are strong. Their courage is rock solid.

Let’s not confuse our own human fears about balancing our budget and finally establishing a stable revenue stream for the future of our state with the courage and conviction of the over
2 million Nevadans we serve. Today’s challenges are no greater than any we have faced in our long history. They only seem bigger because they are so close. But Nevadans have proven, beginning with the struggles of becoming a state during the Civil War and most recently in the aftermath of 9/11, that they have a personal strength of character that is sometimes lacking in politics. Our budget might be fragile, but our people are strong. If anything else is fragile, it is our collaboration as legislators.

If we have need for courage, as the Governor has told us, it is because we have allowed Washington-style politics to creep into our Nevada system. Gridlock looms. Partisanship is on the rise. Personal attacks have already begun. Some in this Chamber want to legislate through press release, headline, and sound bite rather than through frank speech, conviction, and thoughtful consideration of the ramifications of all that we do, all that we say, and the tone we say it in. Courage does not mean acrimony. It takes courage to be thoughtful and quiet and to offer solutions instead of barriers. Frankly, it’s too easy to speak without thinking and too easy to rely on partisanship instead of statesmanship. We may not agree, and that’s okay, but we need to be respectful when we disagree.

One of the most courageous, honorable, and civil legislators ever to grace these halls also wielded this gavel until very recently. His name is Joe Dini, and he will be absent from the Floor of the Assembly during this session for the first time in more than three decades. We will miss Joe, but at the same time, I am pleased to greet the many new members of this House. One-third of our members are new. One-third. The pundits have been focused on that number for weeks, not with respect to the number of our new members, but reminding us, instead, that one-third of the members of this House can block any increase in revenue. The pundits would be better served to focus on the enthusiasm and fresh ideas of the one-third of our new members. Rarely do we see a freshman class with this much talent.

To the ladies and gentlemen who are new to this House, welcome. I am proud of your energy, your commitment, and your diversity. The future is yours. In ten years, I have no doubt that one of you will be standing in this place on opening day and holding this gavel. Welcome here, all of you.

Ten years is a political lifetime. Ten years ago, I first took the Oath of Office in this Chamber. I was convinced it was the most important day of my life. Yet five times since then, I have been privileged to repeat that Oath. True, much of the cast of characters has changed. Colleagues have come and gone. Yet the Oath is exactly the same, and the day ends with the same sense of pride and expectation. While outside this Chamber, on each of those days, and for every other day of the last ten years, life has gone quietly on for the people of Nevada without a gavel to aid them or an Oath of Office to remind them of their responsibility to state and country; Nevadans have done their duty. Out there is where things have changed. Ten years ago, our state numbered
1.3 million people; today we number well over 2 million. Ten years from now, we will have added many new Nevadans. Ten years ago, the war on terror did not exist; there had been no 9/11, no talk of homeland security; we never heard of tobacco settlements; welfare reform was a distant dream; technology was quite different. Ten years truly is a lifetime in politics. Today is only that—one day. The questions of this one day, however, loom large: What will the next ten years hold? What role will we play in getting there? What impact will the decisions we make today have in the long run?

Make no mistake. Hide behind no cliché. Our decisions matter. Not in the sense that they matter to the press corps, or even to the voters we will face at subsequent elections. Our decisions matter because each one shapes the future and charts the course for the next ten years and beyond. We will decide if Nevada has a full complement of teachers, excited and energetic in their own right because they are well prepared, well paid, and have the resources to do their jobs. We will decide if our children are demoralized, schooled in crowded trailers that do little more than take up playground space, without textbooks to call their own. We will decide if our seniors have access to prescription drugs and affordable health care. Or instead will we forget their service in the offices, factories, farms, and wars of the twentieth century? We will decide if Nevada has full employment or full prisons. We will decide if the residents of Washoe and Clark Counties drive on proper roads or languish in gridlock like drivers in Southern California. We will decide if our children have access to vaccines, nutrition, and basic services. We will decide.

Ten years from now, I want our children to experience a Nevada recognized for its world- class educational system. I want our children to live their lives through hard work, integrity, and a sense of community, knowing that these simple virtues matter. I want our children to have opportunities we never had. Ineffective government should not be an impediment to opportunity. We may struggle for the next 120 days. We may disagree over which revenues to increase, and which programs to fund and which to cut. Nobody, nobody, has ever claimed the legislative process to be easy or pretty to watch, but we cannot allow ineffectiveness to stand in the way of doing what is right for Nevada. For Nevada, not just my district, and certainly not just my party. For my state, for our state.

In March of 1968, President Lyndon Johnson announced to a startled nation that he would not seek his party’s nomination for reelection to the presidency. In what was probably his darkest hour, President Johnson admonished the nation against divisive partisanship. He recalled a personal philosophy that had guided his public career: “I am a free man, an American, a public servant, and a member of my party, in that order always and only.” Say what you will about President Johnson’s failings, he articulated these priorities correctly. His words were an echo of those spoken by President Franklin Delano Roosevelt at his inauguration in 1933, the same speech where he evoked courage to assure the nation that the only thing to fear is fear itself—“In every dark hour of our national life, a leadership of frankness and vigor has met with the understanding and support of the people, which is important to victory.”

As one who has participated in this Chamber for ten years now, my advice to those who are new is to remember these words of unity. With due respect to those who have served as long or longer, my message is the same. Tomorrow when you show up, show up to work, show up for Nevada. Do not show up for your political party or a divisive interest. In 120 days, all of this will be over. We would do well to remember to whom we answer when we adjourn sine sie. In the end, we have only ourselves, our families, our communities, and our God. In the end, that is all we need. Thank you, and may God bless you, your families, and your decisions.

A committee from the Senate composed of Senators Tiffany, Nolan, and Carlton appeared before the Bar of the Assembly and announced that the Senate was organized and ready for business.

Mr. Speaker declared that nominations were in order for
Speaker pro Tempore.

Assemblyman Arberry nominated Assemblyman Williams for
Speaker pro Tempore.

Remarks by Assemblyman Arberry.

Assemblywoman Gibbons moved that nominations be closed.

Motion carried unanimously.

Mr. Speaker declared Assemblyman Williams to be Speaker pro Tempore of the Assembly.

Mr. Speaker declared that nominations were in order for Chief Clerk.

Assemblyman Anderson nominated Ms. Jacqueline Sneddon to be
Chief Clerk.

Assemblywoman McClain moved that nominations be closed.

Motion carried unanimously.

Mr. Speaker declared Ms. Jacqueline Sneddon to be Chief Clerk of the Assembly.

Mr. Speaker appointed Assemblymen Parks, Goldwater, and Brown as a committee to inform the Senate that the Assembly was organized and ready for business.

Mr. Speaker appointed Assemblymen Buckley, Anderson and Hettrick as a committee to inform the Governor that the Assembly was organized and ready for business.

Mr. Speaker announced that if there were no objections, the Assembly would recess subject to the call of the Chair.

Assembly in recess at 1:58 p.m.

ASSEMBLY IN SESSION

At 2:18 p.m.

Mr. Speaker presiding.

Quorum present.

MOTIONS, RESOLUTIONS AND NOTICES

Assemblyman Parks reported that his committee had informed the Senate that the Assembly was organized and ready for business.

Assemblywoman Buckley reported that her committee had informed the Governor that the Assembly was organized and ready for business.

Assemblywoman Buckley moved that persons as set forth on the Nevada Legislature’s Press Accreditation List of February 3, 2003, be accepted as accredited press representatives, that they be assigned space at the press table in the Assembly Chambers, that they be allowed use of appropriate broadcasting facilities, and the list be included in this day’s Journal:

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

Motion carried.

Mr. Speaker announced the following standing committees, the
first-named member of each committee being the chairman, the
second-named being the vice chairman:

COMMERCE AND LABOR—

Goldwater, Buckley, Arberry, Giunchigliani, Leslie, Oceguera, Parks, Perkins, Beers, Brown, Gibbons, Griffin, Hettrick, Knecht.

CONSTITUTIONAL AMENDMENTS—

Mortenson, McCleary, Horne, Gustavson, Sherer.

EDUCATION—

Williams, Horne, Atkinson, Chowning, Koivisto, Manendo, McCleary, Andonov, Angle, Geddes, Hardy, Mabey.

ELECTIONS, PROCEDURES, AND ETHICS—

Giunchigliani, Conklin, Anderson, McClain, McCleary, Pierce, Beers, Christensen, Grady, Weber.

GOVERNMENT AFFAIRS—

Manendo, Williams, Atkinson, Collins, Koivisto, McCleary, Pierce, Christensen, Goicoechea, Grady, Hardy, Knecht, Weber.

HEALTH AND HUMAN SERVICES—

Koivisto, McClain, Horne, Leslie, Pierce, Williams, Angle, Hardy, Mabey, Weber.

JUDICIARY—

Anderson, Oceguera, Buckley, Claborn, Conklin, Horne, Mortenson, Ohrenschall, Angle, Brown, Carpenter, Geddes, Gustavson, Mabey, Sherer.

NATURAL RESOURCES, AGRICULTURE, AND MINING—

Collins, Claborn, Atkinson, Conklin, McCleary, Mortenson, Ohrenschall, Carpenter, Christensen, Geddes, Goicoechea, Marvel.

TAXATION—

Parks, Goldwater, Anderson, Arberry, McClain, Mortenson, Pierce, Gibbons, Grady, Griffin, Hettrick, Marvel.

TRANSPORTATION—

Chowning, Ohrenschall, Atkinson, Claborn, Collins, Manendo, Oceguera, Carpenter, Goicoechea, Gustavson, Knecht, Sherer.

WAYS AND MEANS—

Arberry, Giunchigliani, Chowning, Goldwater, Leslie, McClain, Parks, Perkins, Andonov, Beers, Gibbons, Griffin, Hettrick, Marvel.

MAJORITY FLOOR LEADER—

Barbara E. Buckley.

ASSISTANT MAJORITY FLOOR LEADER—

John Oceguera.

MAJORITY WHIP—

Bernard Anderson.

ASSISTANT MAJORITY WHIP—

Sheila Leslie.

ASSISTANT MAJORITY WHIP—

Mark A. Manendo.

ASSISTANT MAJORITY WHIP FOR PROCEDURE—

Genie Ohrenschall.

MINORITY FLOOR LEADER—

Lynn C. Hettrick.

ASSISTANT MINORITY FLOOR LEADER—

Joshua Griffin.

MINORITY WHIP—

Sharron Angle.

MINORITY WHIP—

David Brown.

COMMUNICATIONS

MESSAGES FROM THE GOVERNOR

Office Of The Governor

Carson City, Nevada , January 30, 2003

The Honorable Senator William J. Raggio, The Honorable Assemblyman Richard
D. Perkins, Nevada Legislature, 401 S. Carson Street, Carson City, Nevada 89701

Dear Majority Leader Raggio and Speaker Perkins:

Attached herewith is my message to the 72nd 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 20, 2003, in the Assembly Chambers in Carson City.

Allow me to extend my sincere wishes for a productive legislative session. My staff and I look forward to working with all of you.

Respectfully,

Kenny C. Guinn

Governor

Assemblywoman Buckley requested that the Governor’s State of the State Address as presented to the Legislative Commission’s Special Committee to Receive the Governor’s State of the State Address of January 20, 2003, be entered in the Journal.

Good evening.

Mr. Speaker, Madam Lieutenant Governor, members of the Senate and Assembly, Honorable Justices of the Supreme Court, elected officers, distinguished guests, and my fellow Nevadans:

We come together on a special day for our country; a day set aside each year to honor a great American, a pioneer and a champion for civil rights, Dr. Martin Luther King, Jr. Dr. King’s commitment to peaceful progress remains an inspiration to all who believe in equality and the “American Dream.” He would be pleased, as you and I are proud, that the Nevada State Legislature has the highest percentage of African-American members of any legislature in the nation. Dr. King led his struggle during difficult times for America. In different ways, the times are no less difficult today for America, and for the Silver State.

My fellow Nevadans, it is my duty as Governor to report this evening that the state of our State is fragile and as challenging as any period in our 139-year history. For the last two years, we have been dealing with a $300 million budget shortfall. For the next two years, the shortfall is projected to be even worse; over $700 million.

Since I last stood before you, much has happened to weaken the finances and the economies of our country and this state. The terrorist attacks of September 11 did far more than destroy the World Trade Center, damage the Pentagon, and leave a scar in the heartland of Pennsylvania. The terrorists struck at the heart of business and industry, and no industry was hit harder than the tourism industry, the lifeblood of Nevada. The consequences of these attacks turned the already threatening fiscal clouds on Nevada’s horizon into a full-blown storm. That is why, this evening, Nevada stands at a crossroads. Directly ahead of us are two roads to the future. Tonight is the time for choosing our path.

One choice may be easy to make, but hard to endure. It is a road that is shortsighted and paved with irresponsibility. The legacy of, once again, running from our duty as leaders will produce a devastating effect on every single Nevadan. It means leaving thousands of senior citizens without nursing home care, affordable medicine, and the dignity of their independence; forcing 27,000 new students into overcrowded classrooms without employing 900 new teachers and without buying new textbooks; denying access to higher education for our high school graduates; eliminating health insurance for 25,000 needy children; and cutting prescription medicine for Medicaid recipients and the mentally ill. These are not threats; they are realities. To me, this is not a choice worthy of our citizens. It is not a choice for leaders, but a choice of political cowardice.

Thankfully, there is another road, a road that will meet the needs of a rapidly growing state, and one that will put Nevada on course to a brighter future. I am talking about a future where we provide for higher student achievement; where more students go to college, led by a new generation of Millennium Scholars; where our children, senior citizens, and those less fortunate live safer, healthier lives. This road will allow us to develop new businesses, grow our economy, create new jobs, and build a more competitive Nevada. This is my vision of the future, and Nevadans deserve no less.

I stand before you, in the house of the people, under a portrait of Abraham Lincoln, a man who united our country, and I ask you, Republicans and Democrats, members of the Senate and Assembly, to join me, so that together we can ensure a more prosperous Nevada. The challenges we face reflect the unique conditions of today’s Nevada and our history. For years, our economy has depended almost exclusively on tourism and gaming, rather than by exporting goods and services. Three out of every four of our tax dollars are collected from sales and gaming taxes, taxes vulnerable to swings in the economy. Implicit in this tax strategy was a belief that the revenues from gaming and tourism could keep pace with our growing and diverse population. Unfortunately, this strategy has failed.

Nevada, once a small state, has been the fastest-growing state in the nation for 10 straight years. Between 1990 and 2000, we saw our population grow by 900,000 people. These new citizens have brought with them demands for more services, more highways, more medical care, and more schools.

As our population growth was soaring, our revenue growth was sagging. For example, in 1997 the Legislature had $543 million in new revenue to fund expenses for new school enrollments, mandated health care, and state services. By 1999, new revenues dropped to
$378 million, and in 2001 they were down to $150 million. This trend has worsened. This biennium, we have just $24 million to pay for the needs of our growing state. Part of this decline resulted from the nationwide economic slowdown. Another big blow came from the terrorist attacks on September 11,which effectively caused Nevada to lose an entire year of revenue growth. However, while the effects of September 11 were devastating, they only hastened our day of reckoning and magnified the weaknesses of a system so dependent on volatile revenues. Another contributing factor to our decline was a result of increased competition from tribal gaming in other states. In the last year, tribal gaming in California alone grossed over $5 billion, compared to Nevada’s $10 billion. It is predicted that tribal gaming will double in just the next few years.

My fellow Nevadans, the lesson from the last 20 years is clear: Our revenue system is broken because it has relied on regressive and unstable taxes. However grim our financial situation is today, it would be far worse if it were not for the steps we have already taken. We started with a fundamental review, a top-to-bottom review of every agency, program, position, and dollar. That process gave us the flexibility to reallocate millions of dollars to areas of high priority such as education, health care, and public safety.

We demanded flat budgeting and only allowed for growth in mandated areas such as Medicaid and school enrollment. We took bold steps to privatize government services, privatizing the state workers’ compensation system. This resulted in nearly 800 positions being eliminated from state government and relieved Nevada of a $2 billion liability.

Some of you have ideas about additional services that can be privatized, such as the state motor pool and printing operations. I look forward to that dialogue so together we might find other innovative solutions for our state. Rising to the challenge to seek innovative solutions, Treasurer Brian Krolicki and his staff unlocked cash from an unexpected source: the state’s debt. Brian’s office produced over $30 million in extra revenue that helped us reduce last year’s budget shortfall. You see, one person can make a difference.

Despite all these savings, our fiscal crisis required us to do even more. Together we made more than $120 million in very difficult cuts at the end of the last regular session. In addition, I cut another $47 million in one-shot expenditures for much-needed equipment and maintenance, and from great community organizations that serve our citizens. Further, I directed all state agencies to make $38 million in additional across-the-board cuts. This meant layoffs, cuts to mental health programs, programs for seniors and children, and closing the state’s juvenile detention facility. I then directed my Cabinet to make additional cuts of more than $15 million for such things as increased employee health insurance and utility costs. Tonight I want to thank my Cabinet, and all state employees, for implementing these difficult cuts.

Finally, when I first took office, I recognized we could not control spending without addressing the cost of state employment. That is why, in 1999, I implemented a statewide hiring freeze; freezing 1,500 positions has saved us over $30 million. Leaving these positions unfilled has not been easy. Our employees have made great sacrifices, providing state services while working harder than ever with fewer resources. However, we still find ourselves in a fiscal crisis. Therefore, tonight I am asking state employees to make yet another sacrifice, as my budget permanently eliminates 500 of those 1,500 vacant positions.

Fellow Nevadans, we have been innovative in our savings and responsible in our cuts. As Governor, I believe I have been a careful steward of the taxpayers’ dollars. However, if I had to build this budget on only our existing revenue, I could not live with myself, and I don’t know anyone who could. The time has come to say “enough.” Nevada ranks near the bottom in
per-pupil spending on education and spends less per capita on Medicaid than any other state. If those two areas don’t concern you, take a look at where Nevada ranks in high school dropout rates, teenage pregnancy, and children living in poverty.

Ladies and gentlemen of the Legislature, I refuse to balance this budget on the backs of our children, senior citizens, and the poor. Moreover, I will not cut programs such as Nevada CheckUp. Cutting a program whose sole purpose is to give health care to 25,000 needy children is wrong. No, it is not wrong; it is heartless. If it is your choice to do so, you will do it over my veto.

Now is a time for courage. It is up to us to face our challenges, and face them we will. Therefore, the budget I am presenting tonight is balanced, fair, and has been built to meet the needs of Nevada, not only for the next two years, but also for many years to come.

Last session, you created the Task Force on Tax Policy. The members of this panel are experts in their field who came from every corner of our state and are among the most respected citizens in Nevada. You directed them to examine specific taxes that could broaden and stabilize our tax structure, because you believe as I do that our tax system is broken, and that in order to build a more prosperous Nevada we need to change that system. After 12 months of hard work and deliberations, the Task Force delivered a set of recommendations that all Nevadans can have confidence in. Those recommendations serve as the foundation of the plan I will unveil to you this evening. I now ask Chairman Guy Hobbs and the members of the Task Force to stand, so we can thank them for their hard work.

Tonight I have spoken much about the future of Nevada and my vision of a state where a well-educated workforce fuels the businesses that drive our economy. However, a more prosperous Nevada and a better educational system require an investment by all Nevadans and all Nevada businesses. Therefore, I bring to you tonight a budget request for $980 million in new revenue. This budget is built on a series of broad-based business taxes that move Nevada toward a more stable revenue base.

To begin with, in order for the state to close this fiscal year with a balanced budget, I am requesting an immediate increase in cigarette and alcohol taxes, corporate filing fees, and slot machine license fees. I am also requesting an immediate increase in the Business Activity Tax to $300. This increase will be applied to all businesses, and, unlike in the past, there will be no exceptions. Finally, I ask you to implement these changes by April 1 so that revenue can be realized this fiscal year. Second, to meet further revenue needs, I am proposing a 15-cent increase in property taxes and the creation of an admissions and amusement tax.

Tax increases are never popular. However, let me assure you, the vast majority of these taxes will only provide enough revenue to meet the basic needs of our state’s growth. Growth means the 27,000 new kids in kindergarten through 12th grade, the 6,000 new students in the University and Community College System, the enormous increase in mandated caseloads for Medicaid and welfare, and the rising cost of health care benefits for public employees.

To further address the long-term structural budget problem facing Nevada, I am requesting that the Legislature increase gaming taxes and enact a new gross receipts tax on all companies doing business in our state. The gross receipts tax will impose a one-quarter percent levy on all Nevada businesses with gross revenues in excess of $450,000. This threshold exempts more than 60 percent of Nevada businesses and preserves our reputation as a great place to start a small business. Since the implementation of the gross receipts tax will take two years, the tax will need to be enacted this session in order to realize revenues in the following biennium. When the revenues from the gross receipts tax are realized, businesses will then see a reduction in the Business Activity Tax.

I want to take a moment to commend the business community in our great state for their hard work and commitment to our prosperity. I know that our business leaders love Nevada as I do. In our hour of need, I know they will honor their commitment to me and this Legislature to invest in the health and safety of our citizens, and the education of our children.

As you know, education isn’t just on my agenda, it is my agenda. Education is crucial to the survival and success of every Nevada business. When I see Nevada’s future, I don’t see a state trailing the pack. I see a state that’s become a vibrant center of learning and commerce. I see a state that competes and excels in areas of health care, banking, science, technology, and tourism. However, to realize that vision, we need to create a generation of young Nevadans with stronger, sharper, and more sophisticated skills. Therefore, I propose that we start at the beginning by providing full-day kindergarten for our children. Full-day kindergarten will deliver immediate, as well as long-term academic and social benefits, especially if we begin slowly, and we start in at-risk schools. Research and common sense tells us that full-day kindergarteners perform better on standardized tests and attain higher levels of achievement in reading and mathematics.
Full-day kindergarten truly is the smart start, and I ask for your support.

We all know the quality of education we offer our students will only be as good as the quality of our teachers. Last session I recommended, and you passed, signing bonuses to attract the best and brightest new teachers to Nevada; look what happened. Those bonuses were decisive in addressing the shortage of teachers, particularly in Clark County, where two-thirds of all new teachers must be recruited from out of state. To remain competitive, my budget again contains a $2,000 signing bonus for every new teacher. With the arrival of 27,000 new students, Nevada cannot afford another teacher shortage. We must also address the immediate shortage of teachers in at-risk schools, and those who have training in math and special education. Therefore, I am asking you to support our superintendents’ and school boards’ requests for enhanced pay for these teachers.

We must also make right an area of chronic underfunding by investing in new textbooks, technology, and instructional supplies. We should not allow our students to go without books or to stand in line to use a computer. Nor should our teachers have to purchase needed supplies. Therefore, I am recommending, and asking you to support, $40 million to fund these needs.

Nevada suffers from some of the largest class sizes in the nation in grades four and up. Therefore, local school districts need more flexibility in implementing class-size reduction. The pilot project in Elko County proves that we can expand the benefits of class-size reduction with existing resources. Let us give local school districts maximum flexibility in determining the class sizes that best meet the needs of their students in all grades. I ask you to make this pilot project a statewide standard.

There is no single program I am more proud of than the Millennium Scholarships. Since the scholarships began in 2000, the percentage of Nevada high school students going on to college has jumped from 37 to 48 percent. A total of 15,000 Millennium Scholars are now enrolled in Nevada higher education, and we expect more than 7,000 new students next fall. These are 22,000 wonderful reasons to be optimistic about our future. These young men and women will be on the front line of a smarter, more highly skilled work force.

Let me take a moment to recognize two outstanding scholars, the first two Millennium Scholarship recipients to graduate from college. First, Melissa Tishk. She earned her bachelor’s degree in communications from the University of Nevada, Las Vegas, in just 2½ years. Second, Dan Coming, who, at the age of 19, graduated summa cum laude in computer science at the University of Nevada, Reno. Melissa and Dan have a few important things in common. They are bright, focused, and will stay in Nevada to help us build a better future. Melissa and Dan, please stand so we may acknowledge your hard work and success; Nevada is so proud of you. Thank you. Dan and Melissa are prime examples of why all young Nevadans should continue to have the opportunities that higher education provides.

It is critical that we build on our progress of higher enrollment in universities and community colleges, which are up 32 percent in the last six years. Enrollment in some math, science, and technology classes is up as much as 200 to 300 percent. We cannot afford to lose those hard-won gains. Therefore, my budget provides an additional $80 million for the University and Community College System to fund this growth and to offset the drop in the federal estate tax. To not provide this additional funding would be devastating to our College System.

I want to see higher education in Nevada become a center for research and new partnerships between business and academia. A key step to enhance higher education and economic development will be the new Science, Engineering, and Technology Center at UNLV. This project will be funded with $47 million in public dollars and $25 million in private funds; this is truly a wonderful partnership. This project includes the short-term benefit of new construction jobs, and the long-term benefit of an expanded academic facility in science, engineering, and technology—the wave of the future.

However, there are other steps we can immediately take to better the economy and create new jobs. Therefore, I support your action to combine the two Regional Transportation Commission’s voter-approved ballot questions and pass them early.

Next week I will ask the Nevada Transportation Board to approve the sale of $200 million in new transportation bonds to jump-start highway construction projects throughout the state. In addition, I have included in my budget $325 million in transportation bonding authority over the next two years. This $524 million will allow us to complete the widening of U.S. 95 in
Las Vegas, complete the Henderson Spaghetti Bowl project, complete the freeway from Reno to Carson City, and finish construction on the Carson City Bypass. These massive projects will provide a shot in the arm for our economy and create thousands of new jobs, as well as easing the horrific traffic problems in our more populated areas.

Another major priority of mine is the creation of a new mental health hospital in southern Nevada. This facility is crucial in order to meet the needs of citizens in the Las Vegas area and will provide a long-overdue solution to a chronic problem.

Last session you had the foresight to create the state’s first special court to deal with mentally ill offenders. Now underway in Washoe County, this program offers real hope that these courts can save money and help some of our more fragile citizens. As a result of this program, the mentally ill are receiving needed treatment and medication instead of being incarcerated for minor offenses. I ask that we now provide a modest level of funding for this program. This is the right thing to do, and it is the right investment to make. Tonight I would like to recognize the legislators who led the charge and the judge who has helped implement this success. Please join me in thanking Senator Randolph Townsend, Assemblywoman Sheila Leslie, and Judge
Peter Breen.

Judge Breen, along with Judge Lehman from Clark County, have been instrumental in another success: our drug courts. These programs provide nonviolent drug offenders with treatment so they can stay sober and stay out of our prison system. This not only saves us money, but it is the right thing to do. I have included funding for these two successful programs in my budget so their good work can continue.

During the last two legislative sessions, you voted to create and improve the Senior Rx program. We can be proud that we are now helping 7,500 senior citizens. However, we can and must do more. I am recommending in my budget that we immediately address the waiting list of some 1,500 senior citizens and make room for more. Further, we must raise the income threshold for couples, so that married seniors are not denied the benefits of Senior Rx. Therefore, I am asking you for $5 million to expand and enhance this wonderful, lifesaving program.

These are my recommendations to put us on the road to a better Nevada; however, they will not solve our problems indefinitely. Therefore, to further ensure the long-term prosperity of Nevada, I ask Chairman McGinness and Chairman Parks to carefully consider other revenue measures, such as changing the method of collecting property tax; allowing the state to benefit from the growth and value of real property; and changing the constitution to allow homes, commercial business, and land development to be taxed at different rates. I further request that the Taxation Committees deliberate and give full consideration to professional, business, and discretionary service taxes to provide adequate revenue well into the future.

My fellow Nevadans, together we have a great and difficult distance to travel.

We must now travel a new road, a better road, and a more prosperous road. For now is the time for courage and a time for leadership. The popularity of my proposal is less important to me than the rightness of our course.

The state of our state is fragile, but I know our spirit and love for Nevada is not. The people of Nevada are independent, compassionate, and resilient. I have great confidence in their willingness to embrace change and to see this new road not as just a great challenge, but as a great opportunity, one that fulfills our responsibility to hand to our children a better Nevada. So tonight, let us all come together as Nevadans in a great spirit of unity and purpose and build a kind of Nevada where future generations will look back on this night and remember, “We seized the moment, we made the tough decisions, we did the right thing.”

I am proud to be your Governor. God bless Nevada, and God bless America. Thank you, and good evening.

United States Senate

Washington, D.C. 20510-2803

January 13, 2003

The Honorable Richard Perkins, Speaker, State of Nevada Assembly, Legislative Building,

401 South Carson Street, Carson City, Nevada 89701-4747

Dear Speaker Perkins:

I am writing to request the honor of speaking before both houses of the Nevada State Legislature at 5:00 p.m. on Tuesday, February 18, 2003.

My Reno office will be coordinating the details of my visit. Please call Mary Conelly or
June Schmidt at 775-686-5750 if you have any questions.

Thank you for your kind consideration.

With all best wishes,

Sincerely,

Harry Reid

United States Senator

Assistant Democratic Leader

United States Senate

Washington, D.C. 20510-2805

January 27, 2003

Assemblyman Richard Perkins, Nevada State Legislature, 401 South Carson Street, Legislative Building, Carson City, Nevada 89701

Dear Assemblyman Richard Perkins:

I respectfully request that you allow me the privilege of addressing a joint session of the Nevada State Legislature on Wednesday, February 19, 2003, from 5:15 p.m. until 5:45 p.m.

Sincerely,

John Ensign

United States Senator

Congress of the United States

House of Representatives

January 8, 2003

Speaker Richard D. Perkins, Nevada State Assembly, 401 South Carson Street, Carson City,

Nevada 89701-4747

Dear Speaker Perkins:

It would be my honor and pleasure to address a joint session of the Nevada Legislature at
5:15 p.m. on Thursday, February 20, 2003, to deliver a formal assessment of our Congressional Agenda and its impact on our state.

As you know, there are a number of issues critical to the well being of our state and our country that will be addressed in the months to come. It is vital that local, state, and federal representatives work together to achieve our goals.

Thank you for this important opportunity. I look forward to seeing you and many of my former colleagues in Carson City.

Sincerely,

Jim Gibbons

Member of Congress

Supreme Court of Nevada

Deborah A. Agosti, Chief Justice

201 South Carson Street

Carson City, Nevada, 89701-4702 January 14, 2003

The Honorable Richard D. Perkins, Speaker Of The Assembly, Nevada Legislature,
401 S. Carson Street, Carson City, NV 89701-4747

Re: State of the Judiciary Address

February 26, 2003

2003 Legislative Session

Dear Speaker Perkins:

As Chief Justice of the Supreme Court of Nevada, it is my privilege to request to address the Senate and Assembly of the State of Nevada. It is my understanding that both Houses will be available for this purpose on Wednesday, February 26, 2003, at 5:00 p.m., in the Assembly Chambers of the Legislative Building. If a conflict exists with this time and date, please contact my office.

The Supreme Court’s reception for the Legislature will be held immediately following the Judiciary Address. We cordially invite the members of the Legislature to attend.

Thank you.

Sincerely,

Deborah A. Agosti

Chief Justice

MESSAGES FROM THE SECRETARY OF STATE

State of Nevada

Office of the Secretary of State

January 23, 2003

Jacqueline Sneddon, Chief Clerk Of The Assembly, Legislative Building

Dear Ms. Sneddon:

Pursuant to NRS 218.390(2) this office is transferring the following engrossed, and enrolled copies to return to the Assembly for consideration in the 72nd Legislative Session:

Assembly Joint Resolution 3 (71st Session)

Assembly Joint Resolution 8 (71st Session)

Assembly Joint Resolution 12 (71st Session

Assembly Joint Resolution 1 (17th Special Session)

If you have any questions in this regard, please do not hesitate to contact the Elections Division at (775) 684-5705.

Respectfully,

Dean Heller

Secretary of State

By: Susan Bilyeu

Deputy Secretary for Elections

State Of Nevada

Office Of The Secretary Of State

February 3, 2003

Honorable Richard D. Perkins, Speaker of the Assembly, Nevada Legislature, 401 S. Carson Street, Carson City, NV 89701-4747

Dear Speaker Perkins:

As you’re likely aware, an election contest of Assembly District 37 race was filed by
Sandra June Vitolo.

In accordance with NRS 293.425, the contest of the general election for office of assemblyman was properly filed in this office within the time provided for the filing of such statements of contest.

On January 31, 2003, this office received a withdrawal of the contest. Enclosed for your convenience is a copy of the withdrawal and a copy of the election contest.

Pursuant to NRS 293.427(3), this office is accordingly dismissing this contest.

Respectfully,

Dean Heller

Secretary of State

MOTIONS, RESOLUTIONS AND NOTICES

By the Committee on Constitutional Amendments:

Assembly Joint Resolution No. 3 of the 71st Session—Proposing to amend the Constitution of the State of Nevada to revise provisions governing the right to vote and to repeal an obsolete provision relating to the election of United States Senators.

Resolved by the Assembly and Senate of the State of Nevada, Jointly, That section 1 of article 2 of the Constitution of the State of Nevada be amended to read as follows:

Section 1. All citizens of the United States (not laboring under the disabilities named in this constitution) of the age of eighteen years and upwards, who shall have actually, and not constructively, resided in the state six months, and in the district or county thirty days next preceding any election, shall be entitled to vote for all officers that now or hereafter may be elected by the people, and upon all questions submitted to the electors at such election; provided, that no person who has been or may be convicted of treason or felony in any state or territory of the United States, unless restored to civil rights, and no [idiot or insane] person who has been adjudicated mentally incompetent, unless restored to legal capacity, shall be entitled to the privilege of an elector. There shall be no denial of the elective franchise at any election on account of sex. The legislature may provide by law the conditions under which a citizen of the United States who does not have the status of an elector in another state and who does not meet the residence requirements of this section may vote in this state for President and Vice President of the United States.

And be it further

Resolved, That section 34 of article 4 of the Constitution of the State of Nevada is hereby repealed.

TEXT OF REPEALED SECTION

Sec. 34. Election of United States Senators. In all elections for United States Senators, such elections shall be held in joint convention of both Houses of the Legislature. It shall be the duty of the Legislature which convenes next preceding the expiration of the term of such Senator, to elect his successor. If a vacancy in such Senatorial representation from any cause occur, it shall be the duty of the Legislature then in Session or at the succeeding Session thereof, to supply such vacancy [.] If the Legislature shall at any time as herein provided, fail to unite in a joint convention within twenty days after the commencement of the Session of the Legislature for the election [of] such Senator it shall be the duty of the Governor, by proclamation to convene the two Houses of the Legislature in joint convention, within not less than five days nor exceeding ten days from the publication of his proclamation, and the joint convention when so assembled shall proceed to elect the Senator as herein provided.

Assemblywoman Buckley moved that the resolution be referred to the Committee on Constitutional Amendments.

Motion carried.

By Assemblyman Hettrick:

Assembly Joint Resolution No. 8 of the 71st Session—Proposing to amend the Constitution of the State of Nevada to authorize the Nevada legislature to provide for the separate taxation of property whose development is restricted by an interstate compact for environmental purposes and to provide for an abatement of the tax upon or an exemption of part of the assessed value of undeveloped land or a single-family residence under certain circumstances.

Resolved by the Assembly and Senate 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] :

(a) 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] ; and

(b) Property the development of which is restricted pursuant to an interstate compact for the preservation and restoration of the natural environment of the region in which the property is located,

as separate classes for taxation purposes and may provide [a] separate uniform [plan] plans for appraisal and valuation of such property for assessment purposes. If such a plan is provided, the legislature shall also provide for retroactive assessment for a period of not less than 7 years when the agricultural and open-space real property is converted to a higher use conforming to the use for which other nearby property is used [.] , or the property the development of which is restricted is subsequently developed.

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 undeveloped land or a single-family residence occupied by the owner, or both, to the extent necessary to avoid severe economic hardship to the owner of the land or residence.

Assemblywoman Buckley moved that the resolution be referred to the Committee on Constitutional Amendments.

Motion carried.

By the Committee on Constitutional Amendments:

Assembly Joint Resolution No. 12 of the 71st Session—Proposing to amend the Constitution of the State of Nevada to establish an intermediate appellate court and revise the term of a person appointed to fill a vacancy in an office for supreme court justice, court of appeals judge or district judge.

Resolved by the Assembly and Senate of the State of Nevada, Jointly, That a new section be added to article 6 and sections 1, 4, 7, 8, 11, 15, 20 and 21 of article 6 of the Constitution of the State of Nevada be amended to read respectively as follows:

Sec. 3A. 1. The court of appeals must consist of three judges or such greater number as the legislature may provide by law. If the number of judges is so increased, the supreme court may provide by rule for the assignment of each appeal to a panel of not less than three judges for decision.

2. After the initial terms, each judge of the court of appeals must be elected by the qualified electors of this state at the general election for a term of 6 years beginning on the first Monday of January next after the election. The initial judges must be elected by the qualified electors of this state at the first general election following the enactment of this section. The initial terms of the judges must be staggered so that at least one judge serves for an initial term of 2 years, at least one serves for an initial term of 4 years and at least one serves for an initial term of
6 years. The initial judges shall meet as soon as practicable after their election to determine by lot the term of office that each judge will fill. If there is an increase in the number of judges, each additional judge must be elected by the qualified electors of this state at the first general election following the increase for a term beginning on the first Monday of January next after the election. The legislature shall provide for an initial term of 6 or fewer years for each additional judge so that one-third of the total number of judges, as nearly as may be, is elected every 2 years. If the number of judges is increased by more than one, the additional judges shall meet as soon as practicable after their election to determine by lot the term of office that each judge will fill.

3. The supreme court shall appoint one of the judges of the court of appeals to be chief judge. The chief judge serves a term of 4 years and may succeed himself. The chief judge may resign his position as chief judge without resigning from the court of appeals.

4. The supreme court may provide by rule for the assignment of one or more judges of the court of appeals to devote a part of their time to serve as supplemental district judges, where needed.

Section 1. The Judicial power of this State [shall be] is vested in a court system, comprising a Supreme Court, a Court of Appeals, District Courts [,] and Justices of the Peace. The Legislature may also establish, as part of the system, Courts for municipal purposes only in incorporated cities and towns.

Sec. 4. 1. The supreme court [shall] and the court of appeals have appellate jurisdiction in all civil cases arising in district courts, and also on questions of law alone in all criminal cases in which the offense charged is within the original jurisdiction of the district courts. The legislature shall fix the jurisdiction of the court of appeals and, where appropriate, provide for the review by the supreme court of appeals decided by the court of appeals. The supreme court [shall] and court of appeals also have power to issue writs of mandamus, certiorari, prohibition, quo warranto [,] and habeas corpus and also all writs necessary or proper to the complete exercise of [its appellate] their jurisdiction. Each [of the justices shall have power to] justice of the supreme court and each judge of the court of appeals may issue writs of habeas corpus to any part of the state, upon petition by, or on behalf of, any person held in actual custody [,] in this state and may make such writs returnable, before [himself] the issuing justice or judge or the [supreme court,] court of which the justice or judge is a member, or before any district court in the state or [before] any judge of [said courts.] a district court.

2. In case of the disability or disqualification, for any cause, of [the chief justice or one of the associate justices] a justice of the supreme court, [or any two of them,] the governor [is authorized and empowered to designate any] may designate a district judge [or judges] or a judge of the court of appeals to sit in the place [or places of such] of the disqualified or disabled justice . [or justices, and said judge or judges so designated shall receive their] The judge designated by the governor is entitled to receive his actual expense of travel and otherwise while sitting in the supreme court.

3. In case of the disability or disqualification, for any cause, of a judge of the court of appeals, the governor may designate a district judge to sit in the place of the disabled or disqualified judge. The judge that the governor designates is entitled to receive his actual expense of travel and otherwise while sitting in the court of appeals.

4. The supreme court may provide by rule for the assignment of one or more justices of the supreme court to devote a part of their time to serve as supplemental judges of the court of appeals or district judges, where needed.

Sec. 7. The times of holding the Supreme Court , the Court of Appeals and the District Courts [shall] must be as fixed by law. The terms of the Supreme Court [shall] must be held at the seat of Government unless the Legislature otherwise provides by law, except that the Supreme Court may hear oral argument at other places in the state. The terms of the Court of Appeals must be held at the place provided by law. The terms of the District Courts [shall] must be held at the County seats of their respective counties unless the Legislature otherwise provides by law.

Sec. 8. 1. The Legislature shall determine the number of Justices of the Peace to be elected in each city and township of the State [,] and shall fix by law their qualifications, their terms of office and the limits of their civil and criminal jurisdiction, according to the amount in controversy, the nature of the case, the penalty provided [,] or any combination of these.

2. The provisions of this section affecting the number, qualifications, terms of office and jurisdiction of Justices of the Peace become effective on the first Monday of January, 1979.

3. The Legislature shall also prescribe by law the manner, and determine the cases in which appeals may be taken from Justices and other courts. The Supreme Court, the Court of Appeals, the District Courts [,] and such other Courts [,] as the Legislature [shall designate, shall be] designates are Courts of Record.

Sec. 11. The justices of the supreme court , the judges of the court of appeals and the district judges [shall be] are ineligible to any office, other than a judicial office, during the term for which they [shall] have been elected or appointed [;] , and all elections or appointments of any such judges by the people, legislature [,] or otherwise [,] during said period [,] to any office other than judicial [, shall be] are void.

[Sec:] Sec. 15. The Justices of the Supreme Court , the Judges of the Court of Appeals and District Judges [shall] are each entitled to receive for their services a compensation to be fixed by law and paid in the manner provided by law, which [shall] must not be increased or diminished during the term for which they [shall] have been elected, unless a Vacancy occurs, in which case the successor of the former incumbent [shall] is entitled to receive only such salary as may be provided by law at the time of his election or appointment; and provision [shall] must be made by law for setting apart from each year’s revenue a sufficient amount of Money, to pay such compensation.

Sec. 20. 1. When a vacancy occurs before the expiration of any term of office in the supreme court , the court of appeals or among the district judges, the governor shall appoint a justice or judge from among three nominees selected for such individual vacancy by the commission on judicial selection.

[2. The] Except as otherwise provided in subsection 2, the term of office of any justice or judge so appointed expires on the first Monday of January following the [next] first general election [.] that is held at least 12 calendar months after the date on which the appointment was made. At that general election, a justice or judge must be elected to fill the remainder of the term.

2. If the date on which the appointment was made is within the 12 calendar months immediately preceding the expiration of the term of the vacated office, the term of office of the justice or judge appointed pursuant to subsection 1 is the remainder of the unexpired term of office.

3. Each nomination for the supreme court [shall] or the court of appeals must be made by the permanent commission, composed of:

(a) The chief justice or an associate justice designated by him;

(b) Three members of the State Bar of Nevada, a public corporation created by statute, appointed by its board of governors; and

4. Each nomination for the district court [shall] must be made by a temporary commission composed of:

(a) The permanent commission;

(b) A member of the State Bar of Nevada resident in the judicial district in which the vacancy occurs, appointed by the board of governors of the State Bar of Nevada; and

5. If at any time the State Bar of Nevada ceases to exist as a public corporation or ceases to include all attorneys admitted to practice before the courts of this state, the legislature shall provide by law, or , if it fails to do so , the supreme court shall provide by rule, for the appointment of attorneys at law to the positions designated in this section to be occupied by members of the State Bar of Nevada.

6. The term of office of each appointive member of the permanent commission, except the first members, is 4 years. Each appointing authority shall appoint one of the members first appointed for a term of 2 years. If a vacancy occurs, the appointing authority shall fill the vacancy for the unexpired term. The additional members of a temporary commission [shall] must be appointed when a vacancy occurs, and their terms [shall] expire when the nominations for such vacancy have been transmitted to the governor.

7. An appointing authority shall not appoint to the permanent commission more than:

(a) One resident of any county.

(b) Two members of the same political party.

No member of the permanent commission may be a member of a commission on judicial discipline.

8. After the expiration of 30 days from the date on which the commission on judicial selection has delivered to him its list of nominees for any vacancy, if the governor has not made the appointment required by this section, he shall make no other appointment to any public office until he has appointed a justice or judge from the list submitted.

[If a commission on judicial selection is established by another section of this constitution to nominate persons to fill vacancies on the supreme court, such commission shall serve as the permanent commission established by subsection 3 of this section.]

Sec. 21. 1. A justice of the supreme court, a judge of the court of appeals, a district judge, a justice of the peace or a municipal judge may, in addition to the provision of article 7 for impeachment, be censured, retired, removed or otherwise disciplined by the commission on judicial discipline. Pursuant to rules governing appeals adopted by the supreme court, a justice or judge may appeal from the action of the commission to the supreme court, which may reverse such action or take any alternative action provided in this subsection.

2. The commission is composed of:

(a) Two justices or judges appointed by the supreme court;

(b) Two members of the State Bar of Nevada, a public corporation created by statute, appointed by its board of governors; and

The commission shall elect a chairman from among its three lay members.

3. If at any time the State Bar of Nevada ceases to exist as a public corporation or ceases to include all attorneys admitted to practice before the courts of this state, the legislature shall provide by law, or , if it fails to do so , the supreme court shall provide by rule, for the appointment of attorneys at law to the positions designated in this section to be occupied by members of the State Bar of Nevada.

4. The term of office of each appointive member of the commission, except the first members, is 4 years. Each appointing authority shall appoint one of the members first appointed for a term of 2 years. If a vacancy occurs, the appointing authority shall fill the vacancy for the unexpired term. An appointing authority shall not appoint more than one resident of any county. The governor shall not appoint more than two members of the same political party. No member may be a member of a commission on judicial selection.

5. The legislature shall establish:

(a) In addition to censure, retirement and removal, the other forms of disciplinary action that the commission may impose;

(b) The grounds for censure and other disciplinary action that the commission may impose, including, but not limited to, violations of the provisions of the code of judicial conduct;

(d) The confidentiality or nonconfidentiality, as appropriate, of proceedings before the commission, except that, in any event, a decision to censure, retire or remove a justice or judge must be made public.

6. The supreme court shall adopt a code of judicial conduct.

7. The commission shall adopt rules of procedure for the conduct of its hearings and any other procedural rules it deems necessary to carry out its duties.

8. No justice or judge may by virtue of this section be:

(a) Removed except for willful misconduct, willful or persistent failure to perform the duties of his office or habitual intemperance; or

(b) Retired except for advanced age which interferes with the proper performance of his judicial duties, or for mental or physical disability which prevents the proper performance of his judicial duties and which is likely to be permanent in nature.

9. Any matter relating to the fitness of a justice or judge may be brought to the attention of the commission by any person or on the motion of the commission. The commission shall, after preliminary investigation, dismiss the matter or order a hearing to be held before it. If a hearing is ordered, a statement of the matter [shall] must be served upon the justice or judge against whom the proceeding is brought. The commission in its discretion may suspend a justice or judge from the exercise of his office pending the determination of the proceedings before the commission. Any justice or judge whose removal is sought is liable to indictment and punishment according to law. A justice or judge retired for disability in accordance with this section is entitled thereafter to receive such compensation as the legislature may provide.

10. If a proceeding is brought against a justice of the supreme court, no justice of the supreme court may sit on the commission for that proceeding. If a proceeding is brought against a judge of the court of appeals, no judge of the court of appeals may sit on the commission for that proceeding. If a proceeding is brought against a district judge, no district judge from the same judicial district may sit on the commission for that proceeding. If a proceeding is brought against a justice of the peace, no justice of the peace from the same township may sit on the commission for that proceeding. If a proceeding is brought against a municipal judge, no municipal judge from the same city may sit on the commission for that proceeding. If an appeal is taken from an action of the commission to the supreme court, any justice who sat on the commission for that proceeding is disqualified from participating in the consideration or decision of the appeal. When any member of the commission is disqualified by this subsection, the supreme court shall appoint a substitute from among the eligible judges.

11. The commission may:

(a) Designate for each hearing an attorney or attorneys at law to act as counsel to conduct the proceeding;

(b) Summon witnesses to appear and testify under oath and compel the production of books, papers, documents and records;

(c) Grant immunity from prosecution or punishment when the commission deems it necessary and proper in order to compel the giving of testimony under oath and the production of books, papers, documents and records; and

(d) Exercise such further powers as the legislature may from time to time confer upon it.

And be it further

Resolved, That section 3 of article 7 of the Constitution of the State of Nevada be amended to read as follows:

[Sec:] Sec. 3. For any reasonable cause to be entered on the journals of each House [,] which may [,] or may not be sufficient grounds for impeachment, the [Chief Justice and Associate] Justices of the Supreme Court , the Judges of the Court of Appeals and the Judges of the District Courts [shall] must be removed from Office on the vote of two thirds of the Members elected to each branch of the Legislature, and the Justice or Judge complained of [, shall] must be served with a copy of the complaint against him [, and shall] and have an opportunity of being heard in person or by counsel in his defense ; [,] Provided, that no member of either branch of the Legislature [shall be] is eligible to fill the vacancy occasioned by such removal.

And be it further

Resolved, That section 8 of article 15 of the Constitution of the State of Nevada be amended to read as follows:

[Sec:] Sec. 8. The Legislature shall provide for the speedy publication of all Statute laws of a general nature, and such decisions of the Supreme Court [,] and the Court of Appeals, as it may deem expedient; and all laws and judicial decisions [shall] must be free for publication by any person; Provided, that no judgment of the Supreme Court or the Court of Appeals shall take effect and be operative until the Opinion of the Court in such case [shall be] is filed with the Clerk of said Court.

Assemblywoman Buckley moved that the resolution be referred to the Committee on Judiciary.

Motion carried.

By the Committee on Joint Rules:

Assembly Joint Resolution No. 1 of the 17th Special Session— Proposing to amend the Constitution of the State of Nevada to provide a citizens’ commission to establish the salaries of certain elected officers, to remove the requirement that the system for county and township government be uniform, to remove the requirement that the Legislature fix the compensation of certain county officers, to authorize the Legislature to provide for the appointment of certain county officers and to require each board of county commissioners to determine the salaries of certain county officers in its respective county.

Resolved by the Assembly and Senate of the State of Nevada, Jointly, That a new section be added to article 4, and sections 25, 26, 32 and 33 of article 4 of the Constitution of the State of Nevada be amended to read respectively as follows:

Sec. 33A. 1. The legislature shall provide by law for a citizens’ commission on salaries for certain elected officers.

2. The commission must consist of seven members who have diverse personal and professional interests and reside in various geographical areas of this state of which:

(a) Five members are appointed jointly by the speaker of the assembly and the majority leader of the senate; and

(b) Two members are appointed by the governor.

3. Each member of the commission must be a resident of this state and must not be a state officer, public employee or lobbyist, or a parent, spouse, sibling, child or dependent relative of a state officer, public employee or lobbyist.

4. Except as otherwise provided in this section, the term of office of each member of the commission is 4 years. The speaker of the assembly and the majority leader of the senate shall jointly appoint two of the members first appointed for an initial term of 2 years. The governor shall appoint one of the members first appointed for an initial term of 2 years. If a vacancy occurs, the appointing authority shall fill the vacancy for the unexpired term in the same manner as the original appointment, within 30 days after the vacancy occurs. A member of the commission may not serve more than two terms.

5. An appointing authority may remove a member of the commission only for cause of incapacity, incompetence, neglect of duty, malfeasance in office or failure to meet a qualification set forth in subsection 3.

6. The commission shall elect a chairman from among its members. Except as otherwise provided in this section, the commission shall adopt rules of procedure for the conduct of its hearings and any other procedural rules it deems necessary to carry out its duties. The affirmative vote of a majority of all the members appointed to the commission is required to take action.

7. Members of the commission are entitled to:

(a) The compensation provided by law for members of the commission on judicial discipline who are not judicial officers; and

(b) The per diem allowance and travel expenses provided by law for state officers and employees generally.

8. The commission shall:

(a) Study the relationship of salaries to the duties of the members of the legislature, the governor, lieutenant governor, secretary of state, state treasurer, state controller, attorney general, justices of the supreme court and judges of the district courts;

(b) Compare the salaries of the elected officers set forth in paragraph (a) to the salaries of persons who are employed by a public or private employer and who have similar qualifications as those elected officers;

(d) Carry out any duties provided by the legislature.

9. The commission may increase, but not diminish, the salary of an elected officer set forth in paragraph (a) of subsection 8 during his term of office. The commission may exercise any powers conferred by the legislature.

10. The commission shall file its initial schedule of salaries for the elected officers with the secretary of state not later than January 1, 2005, and shall file a schedule of salaries not later than January 1 of each odd-numbered year thereafter. Each schedule of salaries is effective for the period from the July 1 immediately following the January 1 that the schedule is due through the June 30 of the next odd-numbered year. The legislature shall provide by law for setting apart from each year’s revenues a sufficient amount of money to pay such salaries.

11. Before the commission may file a schedule of salaries with the secretary of state, the commission shall hold at least four meetings to receive public testimony on the schedule. At the last public hearing before the schedule is filed with the secretary of state, the commission shall adopt the schedule as originally proposed or as amended. All meetings of the commission are subject to the provisions of any open meeting laws made applicable generally to other public bodies.

12. The legislative counsel bureau shall include in the Nevada Revised Statutes a copy of the most recent schedule of salaries established by the commission and filed with the secretary of state.

Sec. 25. The Legislature shall establish a system of County and Township Government . [which shall be uniform throughout the State.]

Sec. 26. The Legislature shall provide by law, for the election of a Board of County Commissioners in each County, and such County Commissioners shall jointly and individually perform such duties as may be prescribed by law. The compensation of the members of the Board of County Commissioners of each County must be fixed by the Board of County Commissioners in each respective County.

Sec. 32. The Legislature shall have power to increase, diminish, consolidate or abolish the following county officers: County Clerks, County Recorders, Auditors, Sheriffs, District Attorneys and Public Administrators. The Legislature shall provide for their election by the people [,] or their appointment and fix by law their duties . [and compensation.] The Board of County Commissioners of each county shall determine the compensation of those county officers in its respective county. County Clerks shall be ex-officio Clerks of the Courts of Record and of the Boards of County Commissioners in and for their respective counties.

[Sec.:] Sec. 33. The members of the Legislature shall receive for their services, a compensation to be fixed by [law] the citizens’ commission on salaries for certain elected officers pursuant to section 33A of this article and paid out of the public treasury, for [not to exceed 60 days] each calendar day of service during any regular session of the legislature and [not to exceed 20 days] during any special session convened by the governor . [; but no increase of such compensation shall take effect during the term for which the members of either house shall have been elected Provided, that an] An appropriation may be made for the payment of such actual expenses as members of the Legislature may incur for postage, express charges, newspapers and stationery not exceeding the sum of Sixty dollars for any general or special session to each member; and Furthermore Provided, that the Speaker of the Assembly, and Lieutenant Governor, as President of the Senate, shall each, during the time of their actual attendance as such presiding officers receive an additional allowance of two dollars per diem.

And be it further

Resolved, That section 15 of article 6 of the Constitution of the State of Nevada be amended to read as follows:

Sec. 15. The Justices of the Supreme Court and District Judges shall each receive for their services a compensation to be fixed by [law] the citizens’ commission on salaries for certain elected officers pursuant to section 33A of article 4 and paid in the manner provided by law . [, which shall not be increased during the term for which they shall have been elected, unless] If a Vacancy occurs, [in which case] the successor of the former incumbent shall receive [only such salary as may be] the salary provided for that office by [law] the citizens’ commission on salaries for certain elected officers at the time of his election or appointment . [; and provision shall be made by law for setting apart from each year’s revenue a sufficient amount of Money, to pay such compensation.]

And be it further

Resolved, That section 9 of article 15 of the Constitution of the State of Nevada be repealed.

TEXT OF REPEALED SECTION

Sec. 9. Increase or decrease of compensation of officers whose compensation fixed by constitution. The Legislature may, at any time, provide by law for increasing or diminishing the salaries or compensation of any of the Officers, whose salaries or compensation is fixed in this Constitution; Provided, no such change of Salary or compensation shall apply to any Officer during the term for which he may have been elected.

Assemblywoman Buckley moved that the resolution be referred to the Committee on Constitutional Amendments.

Motion carried.

By the Committee on Elections, Procedures, and Ethics:

Assembly Concurrent Resolution No. 1—Adopting the Joint Rules of the Senate and Assembly for the 72nd 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 71st Session are adopted, with the following changes, as the Joint Rules of the Senate and Assembly for the 72nd 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 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 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.

(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. 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 in which the Legislature subordinates traditional districting principles to racial considerations and makes race the dominant and controlling rationale in drawing district lines. 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 requested by a standing committee, or by persons designated to request measures on behalf of a standing committee during the interim. Bills requested by or on behalf of a standing committee must be introduced by that committee.

8. 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 ~~[71st]~~ 68th 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 bill is exempt pursuant to subsection 1 of Joint Standing Rule No. 14.6.

2. Final action on a bill may only be taken by the House of origin on or before the ~~[82nd]~~ 79th 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 ~~[106th]~~ 103rd 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 bill is exempt pursuant to subsection 1 of Joint Standing Rule No. 14.6.

4. Final action on a bill may only be taken by the second House on or before the ~~[113th]~~ 110th 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 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.

(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:

(a) Contains an appropriation; or

(b) Has been determined by the Fiscal Analysis Division to:

(1) Authorize the expenditure by a state agency of sums not appropriated from the State General Fund or the State Highway Fund;

(2) Create or increase any significant fiscal liability of the State;

(3) Implement a budget decision; or

(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. 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 by the Fiscal Analysis Division pursuant to subsection 1 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 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]~~ or before the third 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]~~ third 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 89th calendar day of the regular session.

CRITERIA FOR REVIEWING BILLS THAT REQUIRE POLICIES
OF HEALTH INSURANCE TO PROVIDE COVERAGE FOR
CERTAIN TREATMENT OR SERVICES

Rule No. 18. Topics of Consideration.

Any standing committee of the Senate or Assembly to which a bill is referred requiring a policy of health insurance delivered or issued for delivery in this state to provide coverage for any treatment or service shall review the bill giving consideration to:

1. The level of public demand for the treatment or service for which coverage is required and the extent to which such coverage is needed in this state;

2. The extent to which coverage for the treatment or service is currently available;

3. The extent to which the required coverage may increase or decrease the cost of the treatment or service;

4. The effect the required coverage will have on the cost of obtaining policies of health insurance in this state;

5. The effect the required coverage will have on the cost of health care provided in this state; and

6. Such other considerations as are necessary to determine the fiscal and social impact of requiring coverage for the treatment or service.

INTERIM FINDINGS AND RECOMMENDATIONS
OF LEGISLATIVE COMMITTEES

Rule No. 19. Date for Reporting.

Each legislative committee that adopted any findings or recommendations during the interim since the last regular session of the Legislature shall, no later than the 14th calendar day of the regular session, inform interested members of the Senate and Assembly of those findings and recommendations.

POLICY AND PROCEDURES REGARDING
SEXUAL HARASSMENT

Rule No. 20. Maintenance of Working Environment; Procedure for Filing, Investigating and Taking Remedial Action on Complaints.

1. The Legislature hereby declares its intention to maintain a working environment which is free from sexual harassment. This policy applies to all Legislators and lobbyists. Each member and lobbyist is responsible to conduct himself or herself in a manner which will ensure that others are able to work in such an environment.

2. In accordance with Title VII of the Civil Rights Act, for the purposes of this Rule, “sexual harassment” means unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature when:

(a) Submission to such conduct is made either explicitly or implicitly a term or condition of a person’s employment;

(b) Submission to or rejection of such conduct by a person is used as the basis for employment decisions affecting the person; or

(c) Such conduct has the purpose or effect of unreasonably interfering with a person’s work performance or creating an intimidating, hostile or offensive working environment.

3. Each person subject to these Rules must exercise his own good judgment to avoid engaging in conduct that may be perceived by others as sexual harassment. The following noninclusive list provides illustrations of conduct that the Legislature deems to be inappropriate:

(a) Verbal conduct such as epithets, derogatory comments, slurs or unwanted sexual advances, invitations or comments;

(b) Visual conduct such as derogatory posters, photography, cartoons, drawings or gestures;

(c) Physical conduct such as unwanted touching, blocking normal movement or interfering with the work directed at a person because of his sex;

(d) Threats and demands to submit to sexual requests to keep a person’s job or avoid some other loss, and offers of employment benefits in return for sexual favors; and

(e) Retaliation for opposing, reporting or threatening to report sexual harassment, or for participating in an investigation, proceeding or hearing conducted by the Legislature or the Nevada Equal Rights Commission or the federal Equal Employment Opportunity Commission, when submission to such conduct is made either explicitly or implicitly a term or condition of a person’s employment or submission to or rejection of such conduct by a person is used as the basis for employment decisions affecting the person or such conduct has the purpose or effect of unreasonably interfering with a person’s work performance or creating an intimidating, hostile or offensive working environment.

4. A person may have a claim of sexual harassment even if he has not lost a job or some other economic benefit. Conduct that impairs a person’s ability to work or his emotional well-being at work constitutes sexual harassment.

5. If a Legislator believes he is being sexually harassed on the job, he may file a written complaint with:

(a) The Speaker of the Assembly;

(b) The Majority Leader of the Senate; or

(c) The Director of the Legislative Counsel Bureau, if the complaint involves the conduct of the Speaker of the Assembly or the Majority Leader of the Senate.

The complaint must include the details of the incident or incidents, the names of the persons involved and the names of any witnesses.

6. Except as otherwise provided in subsection 7, the Speaker of the Assembly or the Majority Leader of the Senate, as appropriate, shall refer a complaint received pursuant to subsection 5 to a committee consisting of Legislators of the same House. A complaint against a lobbyist may be referred to a committee in either House.

7. If the complaint involves the conduct of the Speaker of the Assembly or the Majority Leader of the Senate, the Director of the Legislative Counsel Bureau shall refer the complaint to the Committee on Elections, Procedures, and Ethics of the Assembly or the Committee on Legislative Affairs and Operations of the Senate, as appropriate. If the Speaker of the Assembly or the Majority Leader of the Senate is a member of one of these committees, the Speaker or the Majority Leader, as the case may be, shall not participate in the investigation and resolution of the complaint.

8. The committee to which the complaint is referred shall immediately conduct a confidential and discreet investigation of the complaint. As a part of the investigation, the committee shall notify the accused of the allegations. The committee shall facilitate a meeting between the complainant and the accused to allow a discussion of the matter, if both agree. If the parties do not agree to such a meeting, the committee shall request statements regarding the complaint from each of the parties. Either party may request a hearing before the committee. The committee shall make its determination and inform the complainant and the accused of its determination as soon as practicable after it has completed its investigation.

9. If the investigation reveals that sexual harassment has occurred, the Legislature will take appropriate disciplinary or remedial action, or both. The committee shall inform the complainant of any action taken. The Legislature will also take any action necessary to deter any future harassment.

10. The Legislature will not retaliate against a person who files a complaint and will not knowingly permit any retaliation by the person’s supervisors or coworkers.

11. The Legislature encourages a person to report any incident of sexual harassment immediately so that the complaint can be quickly and fairly resolved.

12. Action taken by a complainant pursuant to this Rule does not prohibit the complainant from also filing a complaint of sexual harassment with the Nevada Equal Rights Commission or the federal Equal Employment Opportunity Commission.

13. All Legislators and lobbyists are responsible for adhering to the provisions of this policy. The prohibitions against engaging in sexual harassment and the protections against becoming a victim of sexual harassment set forth in this policy apply to employees, Legislators, lobbyists, vendors, contractors, customers and visitors to the Legislature.

14. This policy does not create any enforceable legal rights in any person.

VOTE ON GENERAL APPROPRIATION BILL

Rule No. 21. Waiting Period Between Introduction and Final Passage.

A period of at least 24 hours must elapse between the introduction of the general appropriation bill and a vote on its final passage by its House of origin.

USE OF LOCK BOXES BY STATE AGENCIES

Rule No. 22. Duties of Senate Standing Committee on Finance and Assembly Standing Committee on Ways and Means.

To expedite the deposit of state revenue, the Senate Standing Committee on Finance and the Assembly Standing Committee on Ways and Means shall, when reviewing the proposed budget of a state agency which collects state revenue, require if practicable, the agency to deposit revenue that it has received within 24 hours after receipt. The committees shall allow such agencies to deposit the revenue directly or contract with a service to deposit the revenue within the specified period.

Assemblywoman Giunchigliani moved the adoption of the resolution.

Remarks by Assemblywoman Giunchigliani.

Resolution adopted.

Assemblywoman Buckley moved that all rules be suspended and that the resolution be immediately transmitted to the Senate.

Motion carried unanimously.

By the Committee on Elections, Procedures, and Ethics:

Assembly Resolution No. 1—Providing for the appointment of attachés.

Resolved by the Assembly of the State of Nevada, That the following persons are elected as attachés of the Assembly for the 72nd Session of the Legislature of the State of Nevada: Diane Keetch, Lucinda Benjamin, Matthew Baker, Kathryn Fosnaugh, Harle Glover, Jason Hataway, Terry Sullivan, Robin Bates, Heidi Hansen, Meghan Jenkins, Beverly Mobley, Andrea Touyarot, Lucas Watson, Jeanne Douglass, Nanita Moore, Kathryn Alden,
Lona Domenici-Reese, Julie Whitacre, Linda Corbett, Barbara Houger, Nenita Wasserman, Valorie Belknap, Kathryn Oetting, JoAnn Kula, Jerlyn Figearo, Alan Mills, Anne Williams, Novella Kowallek, Yvonne Murphy, Eric Anderlohr, Reba Coombs, Nykki Kinsley,
Cecile Crofoot, Marge Griffin, Joyce Hess, Sheila Sease, Jasmine Shackley, Jackie L. Valley, Connie Davis, Anne Bowen, Catherine Caldwell, Susan Cherpeski, Lila Clark, Linda Smith, Carol J. Thomsen, Cindy Clampitt, Patricia Hughey, Deborah Rengler, June Rigsby,
Erin Channell, Kelly Fisher, William Fowler, Theresa Horgan, Victoria Thompson,
JoAnn Aldrich, Patricia Blackburn, Sabina Bye, Nancy Elder, Corey Fox, Mary G. Garcia, Sharee Gebhardt, Nancy Haywood, Carrie Lee, Rosemary Zienter, Mary Bean, Toni Bouas, Marylou Burks, Jeanette Connolly, Celeste Gunther, Donna Hancock, Mary Kay Hines-Doherty, Tod Jennings, Millicent Jorgenson, Merla Keetch, Michelle Kennedy, Yhvona Martin,
Carolyn J. Maynick, Toshiko McIntosh, Shawn Morgan, Linda Lee Nary, Ellen Nelson,
Linda Paul, Helen Poupeney, Jerry Stacy, Claudette J. Thompson, Barbara Urbani,
Loretta White, Maxine Milabar, Stephanie Elliott, Betty Gardner, Bruce Pfeiffer, June Bennett, Eddie Cordisco, Jr., Mary Carel, Jennifer Anzalone, Ken Beaton, Norm Budden,
Myron Carpenter, Brandi Colunga, James C. Corbett, John Davis, Jr., Joyce E. Ghiselli,
Don Hataway, Juanita Heston, Stephen Honey, Laverne LaFleur, Lois LaHair, Ray Mager,
Bob Maynick, Reid Meyer, Jesse N. Pickett, Elizabeth Tetz, Frank Tetz, and W. Wayne Willson.

Assemblywoman Giunchigliani moved the adoption of the resolution.

Remarks by Assemblywoman Giunchigliani.

Resolution adopted.

By the Committee on Elections, Procedures, and Ethics:

Assembly Resolution No. 2—Providing allowances to the leadership and other members of the Assembly for periodicals, stamps, stationery and communications.

Resolved by the Assembly of the State of Nevada, That the sum to be allowed, as provided by law, for each member of the Assembly for periodicals, stamps and stationery is $60 and for the use of telephones is $2,800, and the sum to be allowed, as provided by law, for the Speaker, Speaker Pro Tempore, Majority Floor Leader, Minority Floor Leader and chairman of each standing committee of the Assembly for postage, telephone tolls and other communication charges is $900; and be it further

Resolved, That these amounts be certified by the Speaker and the Chief Clerk to the State Controller, who is authorized to draw his warrants therefor on the Legislative Fund, and the State Treasurer is thereafter authorized to pay these warrants.

Assemblywoman Giunchigliani moved the adoption of the resolution.

Remarks by Assemblywoman Giunchigliani.

Resolution adopted.

By the Committee on Elections, Procedures, and Ethics:

Assembly Resolution No. 3—Adopting the Standing Rules of the Assembly for the 72nd Session of the Legislature.

Resolved by the Assembly of the State of Nevada, That the Assembly Standing Rules as amended by the 71st Session are adopted, with the following changes, as the Standing Rules of the Assembly for the 72nd Session of the Legislature:

I. OFFICERS AND EMPLOYEES

Duties of Officers

Rule No. 1. Speaker of the Assembly.

1. All officers of the Assembly are subordinate to the Speaker in all that relates to the prompt, efficient and correct discharge of their official duties under the Speaker’s supervision.

2. Possessing the powers and performing the duties described in this Rule, the Speaker shall:

(a) Take the chair at the hour to which the Assembly stands adjourned, call the members to order, and upon the appearance of a quorum, proceed to business.

(b) Preserve order and decorum and have general direction of the Chamber of the Assembly and the approaches thereto. In the event of any disturbance or disorderly conduct therein, order the same to be cleared.

(c) Decide all questions of order, subject to a member’s right to appeal to the Assembly. On appeal from such decisions, the Speaker has the right, in the Speaker’s place, to assign the reason for the decision.

(d) Have the right to name any member to perform the duties of the Chair, but such substitution must not extend beyond one legislative day.

(e) When the Assembly resolves itself into Committee of the Whole, name a Chairman to preside thereover and call him to the Chair.

(f) Have the power to accredit the persons who act as representatives of the news media and assign them seats.

(g) Sign all bills and resolutions passed by the Legislature as provided by law.

(h) Sign all subpoenas issued by the Assembly.

(i) Receive all messages and communications from other departments of the government and announce them to the Assembly.

(j) Represent the Assembly, declare its will and in all things obey its commands.

(k) Vote on final passage of a bill or resolution, but the Speaker shall not be required to vote in ordinary legislative proceedings except where the Speaker’s vote would be decisive. In all yea and nay votes, the Speaker’s name must be called last.

3. If a vacancy occurs in the office of Speaker, through death, resignation or disability of the Speaker, the Speaker pro Tempore shall temporarily and for the period of vacancy or disability conduct the necessary business of the Assembly.

4. If a permanent vacancy occurs in the office of Speaker, the Assembly shall select a new Speaker.

Rule No. 2. Reserved.

Rule No. 3. Reserved.

Rule No. 4. Reserved.

Rule No. 5. Reserved.

Rule No. 6. Reserved.

The next rule is 10.

II. SESSIONS AND MEETINGS

Rule No. 10. Time of Meeting.

The Assembly shall meet each day at 11 a.m., unless the Assembly adjourns to some other hour.

Rule No. 11. Open Meetings.

All meetings of the Assembly and its committees must be open to the public.

Rule No. 12. Reserved.

The next rule is 20.

III. DECORUM AND DEBATE

Rule No. 20. Points of Order.

If any member, in speaking or otherwise, transgresses the rules of the Assembly, the Speaker shall, or any member may, call to order, in which case the member so called to order shall immediately sit down, unless permitted to explain; and if called to order by a member, such member shall immediately state the point of order. If the point of order be sustained by the presiding officer, the member shall not be allowed to proceed; but if it be not sustained, then he shall be permitted to go on. Every such decision from the presiding officer shall be subject to an appeal to the House; but no discussion of the question of order shall be allowed unless an appeal be taken from the decision of the presiding officer.

Rule No. 21. Portable electronic communication devices.

1. A person who is within the Assembly Chambers or within an Assembly committee room shall not engage in a telephone conversation via the use of a portable telephone.

2. Before entering the Assembly Chambers ~~[,]~~ or an Assembly committee room, any person who possesses a portable electronic communication device, such as a pager or telephone, that emits an audible alert, such as a ringing or beeping sound, to signal an incoming message or call , shall turn the audible alert off. A device that contains a nonaudible alert, such as a silent vibration, may be operated in a nonaudible manner within the Assembly Chambers ~~[.]~~ or within an Assembly committee room.

Rule No. 22. Reserved.

Rule No. 23. Committee on Ethics; Legislative Ethics.

1. The Committee on Ethics consists of:

(a) Two members of the Assembly appointed by the Speaker from the majority political party;

(b) One member of the Assembly appointed by the Minority Leader from the minority political party; and

(c) Two qualified electors of the State chosen by the members of the Committee who are appointed pursuant to paragraphs (a) and (b), neither of whom is a present or former member of the Legislature or employed by the State of Nevada.

2. The Speaker shall appoint two members of the Assembly, one from the majority political party and one from the minority political party to serve as alternate members of the Committee. If a member is disqualified, the alternate appointed from the same political party shall serve as a member of the Committee during the consideration of a specific question.

3. A member is disqualified if he is the requester of advice concerning a question of ethics or conflict of interest, or if the advice is requested by another member of the Assembly and a reasonable person in his situation could not exercise independent judgment on the matter in question.

4. The Committee shall hear complaints on alleged breaches of ethics and conflicts of interest, brought by Legislators and others, and it may advise Legislators on questions of breaches of ethics and conflicts of interest. All proceedings held to consider the character, alleged misconduct, professional competence or physical or mental health of any person by the Committee on matters of ethics or conflicts of interest are confidential unless a Legislator:

(a) Against whom a complaint is brought requests a public hearing;

(b) Discloses the opinion of the Committee at any time after his hearing; or

5. A complaint which alleges a breach of ethics or a conflict of interest must be in writing and signed by the person making the allegation. The complaint must be filed with the Chairman. The Chairman shall send a copy of the complaint, within 24 hours after receiving it, to the Legislator against whom the complaint is brought.

6. The criterion to be applied by the Committee in determining whether a Legislator has a conflict of interest is whether the independence of judgment of a reasonable person in his position upon the matter in question would be materially affected by:

(a) His acceptance of a gift or loan; or

(b) His private economic interest.

7. A Legislator who determines that he has a conflict of interest may vote upon, advocate or oppose any measure as to which a potential conflict exists if he makes a general disclosure of the conflict. In determining whether to vote upon, advocate or oppose the measure, the Legislator should consider whether:

(a) The conflict impedes his independence of judgment;

(b) His participation will produce a negative effect on the public’s confidence in the integrity of the Legislature;

(d) His interest is greater than the interests of an entire class of persons similarly situated.

The next rule is 30.

IV. QUORUM, VOTING, ELECTIONS

Rule No. 30. Manner of Voting.

1. The presiding officer shall declare all votes, but the yeas and nays must be taken when called for by three members present, and the names of those calling for the yeas and nays must be entered in the Journal by the Chief Clerk.

2. The presiding officer shall call for yeas and nays by a division or by a roll call, either electronic or oral.

3. When taking the yeas and nays on any question, the electronic roll call system may be used, and when so used shall have the force and effect of any roll call under these rules.

4. When taking the yeas and nays by oral roll call, the Chief Clerk shall take the names of members alphabetically, except that the Speaker’s name must be called last.

5. The electronic roll call system may be used to determine the presence of a quorum.

6. The yeas and nays must not be taken with the electronic roll call system until all members present are at their desks. The presiding officer may vote at the rostrum.

7. Only a member who:

(a) Has been certified by the Committee on Elections, Procedures, and Ethics or special committee of the Assembly; and

(b) Is physically present within the Assembly Chambers,

may cast a vote in the Assembly.

8. A member shall not vote for another member on any roll call, either electronic or oral. Any member who votes for another member may be punished in any manner deemed appropriate by the Assembly.

Rule No. 31. Reserved.

Rule No. 32. Announcement of the Vote.

1. A member may change his vote at any time before the announcement of the vote if the voting is by voice, or at any time before the votes are electronically recorded if the voting is conducted electronically.

2. The announcement of the result of any vote shall not be postponed.

Rule No. 33. Voting by Division.

Upon a division and count of the Assembly on any question, no person without the bar shall be counted.

The next rule is 40.

V. LEGISLATIVE BODIES

Rule No. 40. Standing Committees.

The standing committees of the Assembly are as follows:

1. Ways and Means, fourteen members.

2. Judiciary, ~~[fourteen]~~ fifteen members.

3. Taxation, twelve members.

4. Education, twelve members.

5. Elections, Procedures, and Ethics, ~~[twelve]~~ ten members.

6. Natural Resources, Agriculture, and Mining, twelve members.

7. Transportation, twelve members.

8. Commerce and Labor, fourteen members.

9. Health and Human Services, ~~[twelve]~~ ten members.

10. Government Affairs, ~~[fourteen]~~ thirteen members.

11. Constitutional Amendments, ~~[eight]~~ five members.

Rule No. 41. Appointment of Committees.

1. Except as otherwise provided in Assembly Standing Rule No. 23, all committees must be appointed by the Speaker, unless otherwise directed by the Assembly. The Speaker shall designate the chairman and vice chairman of each committee.

2. To facilitate the full participation of the members during an adjournment called pursuant to NRS 218.115, the Speaker may temporarily appoint a member to a standing committee that is scheduled to meet during the adjournment if none of the committees to which the member is regularly assigned will be meeting during the adjournment.

Rule No. 42. Committee Action.

1. The committee shall have regular meetings scheduled by the Assembly leadership. A quorum of the committee is a majority of its members and may transact business except as limited by this Rule.

2. Except as limited by this Rule, a simple majority of those present may move, second and pass a motion by voice vote.

3. Definite action on a bill or resolution will require a majority of the entire committee.

4. A two-thirds majority of the entire committee is required to reconsider action on a bill or resolution.

5. Committee introduction of legislative measures which are not prefiled requires concurrence of two-thirds of the entire committee and does not imply commitment to support final passage.

6. The chairman shall vote on all final action regarding bills or resolutions.

7. No member of the committee may vote by proxy under any circumstances.

8. A committee shall not take a vote on the question of whether to exercise its statutory authority to issue a legislative subpoena unless the chairman has informed the Speaker of the intention of the committee to consider such a question.

Rule No. 43. Subcommittees.

Subcommittees made up of committee members may be appointed by the chairman to consider and report back on specific subjects or bills.

Rule No. 44. Committee on Elections, Procedures, and Ethics.

The Committee on Elections, Procedures, and Ethics has jurisdiction over matters relating to personnel. It shall recommend by resolution the appointment of all attachés and employees of the Assembly not otherwise provided for by law. It may suspend or remove any such attaché or employee for incompetency or dereliction of duty. It shall function as the Committee on Rules and as the Committee on Credentials of the Assembly.

Rule No. 45. Procedure for Election Contests.

1. Upon receipt of a statement of contest from the Secretary of State pursuant to
NRS 293.427, the Speaker shall, as soon as practicable, appoint a special committee to hear the contest or refer the contest to the Standing Committee on Elections, Procedures, and Ethics. The committee shall conduct a hearing to consider the contest. The committee shall keep written minutes of the hearing. The contestant has the burden of proving that any irregularities shown were of such a nature as to establish that the result of the election was changed thereby.

2. The contest must be submitted so far as may be possible upon depositions or by written or oral arguments as the Assembly may order. Any party to a contest may take the deposition of any witness at any time after the statement of contest is filed with the Secretary of State and before the contest is finally decided. At least 3 days’ notice must be given to the prospective deponent and to the other party. If oral statements are made at any hearing before the Assembly or a committee thereof which purport to establish matters of fact, they must be made under oath. Strict rules of evidence do not apply.

3. The committee shall, not later than 5 calendar days after the contest was referred to the committee, report to the Assembly its findings on whether the contestant has met the burden of proving that any irregularities shown were of such a nature as to establish that the result of the election was changed thereby. The committee shall then report to the Assembly its recommendation on which person should be declared elected or report that it has no recommendation. The Assembly shall, as soon as practicable thereafter but not later than
7 calendar days after the Speaker received the statement of contest, vote whether to accept or reject the committee’s recommendation without amendment, if a recommendation is made. If the recommendation is accepted, the Speaker shall declare the recommended person elected. If the recommendation is rejected or the committee did not make a recommendation, the Assembly shall consider immediately which person should be declared elected. The Speaker shall not adjourn the Assembly until it has declared a person to be elected.

4. ~~[The]~~ If a person other than the person initially seated as a member of the Assembly pursuant to subsection 2 of NRS 293.427 is declared to be elected by the Assembly as a result of the contest, the Speaker shall inform the Governor of the identity of the person declared to be elected by the Assembly.

Rule No. 46. Committee Action on Reports.

Committee reports must be adopted at a committee session actually assembled and meeting as a committee with a quorum present. Every committee vote on a matter pertaining to a bill or resolution must be recorded. The vote may be taken by roll call at the discretion of the chairman.

Rule No. 47. Committee Records.

The chairman of each committee shall keep, or cause to be kept, a complete record of the committee proceedings in which there must be entered:

1. The time and place of each meeting;

2. The attendance and absence of members;

3. The names of all persons appearing before the committee, with the names of persons, firms, corporations or associations in whose behalf such appearance is made; and

4. The subjects or measures considered and action taken.

Rule No. 48. Disposition of Committee Records.

All minutes, records and documents in the possession of committees and their chairmen must be filed in the offices of the Legislative Counsel Bureau upon adjournment sine die.

Rule No. 49. Committee Hearings.

1. The presence of a quorum of the committee is desirable but not required to conduct a public hearing. At the discretion of the chairman, members of the committee may attend, participate in and, if applicable, vote during the hearing via simultaneous telephone or video conference.

2. Public hearings are opened by the chairman who announces the subject under consideration and provides for those wishing to address the committee to be heard. These persons shall rise in an order determined by the chairman, address the chair and furnish their names, addresses and firms or other organizations represented. Committee members may address the chairman for permission to question the witness.

Rule No. 50. Reserved.

Rule No. 51. Reserved.

Rule No. 52. Concurrent Referrals.

When a bill or resolution is referred to two committees, the bill or resolution must go to the first committee named. If the first committee votes to amend the bill or resolution, it must be reprinted with amendments and then returned to the first committee or sent immediately to the next committee. If there is no amendment proposed by the first committee, or if the first committee acts upon the bill or resolution after amendment, the bill or resolution must be sent with the committee recommendation immediately to the second committee.

The next rule is 60.

VI. RULES GOVERNING MOTIONS

Rule No. 60. Entertaining.

No motion may be debated until it is distinctly announced by the presiding officer. ~~[If desired by the presiding officer or any member, the motion must]~~ The presiding officer, upon his own motion or at the request of a member, may direct that the motion be reduced to writing and be read by the Chief Clerk before the motion is debated. A motion may be withdrawn by the maker at any time before amendment or before the motion is put to vote.

Rule No. 61. Reserved.

Rule No. 62. Reserved.

Particular Motions

Rule No. 63. Reserved.

Rule No. 64. Reserved.

Rule No. 65. Indefinite Postponement.

When a question is postponed indefinitely, the same question must not be considered again during the session and the question is not subject to a motion for reconsideration.

Rule No. 66. To Strike Enacting Clause.

A motion to strike out the enacting clause of a bill or resolution does not take precedence over any other subsidiary motion. If the motion is carried, it shall be considered equivalent to the rejection of such bill or resolution.

Rule No. 67. Division of Question.

Any member may call for a division of the question, which shall be divided, if it comprehends propositions in substance so distinct that, one being taken away, a substantive proposition shall remain for the decision of the Assembly. A motion to strike out being lost shall preclude neither amendment nor a motion to strike out and insert. A motion to strike out and insert shall be deemed indivisible.

Rule No. 68. To Reconsider—Precedence of.

A motion to reconsider shall have precedence over every other motion, except a motion to adjourn, or to fix the time to which to adjourn; and when the Assembly adjourns, while a motion to reconsider is pending, or before passing the order of business of Motions, Resolutions and Notices, the right to move a reconsideration shall continue to the next day of sitting. No notice of reconsideration of any final vote shall be in order on the:

1. Last day on which final action is allowed; or

2. Day preceding the last day of the session.

The next rule is 80.

VII. DEBATE

Rule No. 80. Speaking on Question.

No member shall speak more than twice during the consideration of any one question, on the same day, and at the same stage of proceedings, without leave. Members who have once spoken shall not again be entitled to the floor (except for explanation) to the exclusion of others who have not spoken.

Rule No. 81. Previous Question.

The previous question shall be put only when demanded by three members. The previous question shall not be moved by the member last speaking on the question.

Rule No. 82. Privilege of Closing Debate.

The author of a bill, a resolution or a main question shall have the privilege of closing the debate, unless the previous question has been sustained.

The next rule is 90.

VIII. CONDUCT OF BUSINESS

A. Rules and Procedure

Rule No. 90. Mason’s Manual.

The rules of parliamentary practice contained in Mason’s Manual of Legislative Procedure shall govern the Assembly in all cases in which they are applicable and in which they are not inconsistent with the Standing Rules and orders of the Assembly, and the Joint Rules of the Senate and Assembly.

Rule No. 91. Rescission, Change or Suspension of Rule.

No standing rule or order of the Assembly shall be rescinded or changed without a vote of two-thirds of the members elected, and one day’s notice being given of the motion therefor; but a rule or order may be suspended temporarily by a vote of two-thirds of the members present.

Rule No. 92. Notices of Bills, Topics and Public Hearings.

1. Except as otherwise provided in subsection 3, all committees shall provide adequate notice of public hearings on bills, resolutions or other topics which are to come before the committees. The notice must include the date, time, place and agenda to be covered. The notice must be posted conspicuously in the legislative building, appear in the Daily History and be made available to the news media. The Daily History must include the most current version of the notice that is available at the time the Daily History is created and an informational statement informing the public where more current information, if any, regarding such notices may be found.

2. The noticing requirements of this Rule may be suspended for emergency situations but only after approval by a two-thirds vote of a committee.

3. Subsection 1 does not apply to:

(a) Committee meetings held on the floor of the Assembly during a recess; or

(b) Conference committee meetings.

Rule No. 93. Reserved.

Rule No. 94. Privilege of the Floor and Lobbying.

No person, except Senators, former Assemblymen and state officers, may be admitted at the bar of the Assembly, except by special invitation on the part of some member; but a majority may authorize the Speaker to have the Assembly cleared of all such persons. No person may do any lobbying upon the floor of the Assembly at any time, and it is the duty of the Sergeant at Arms to remove any person violating any of the provisions of this Rule.

Rule No. 95. Material Placed on Legislators’ Desks.

All papers, letters, notes, pamphlets and other written material placed upon an Assemblyman’s desk shall contain the signature of the Legislator requesting the placement of such material on the desk or shall contain a designation of the origin of such material. This Rule does not apply to books containing the legislative bills and resolutions, the legislative Daily Histories, the legislative Daily Journals or Legislative Counsel Bureau material.

Rule No. 96. Peddling, Begging and Soliciting.

1. Peddling, begging and soliciting are strictly forbidden in the Assembly Chamber, and in the lobby, gallery and halls adjacent thereto.

2. No part of the Assembly Chamber may be used for, or occupied by signs or other devices for any kind of advertising.

3. No part of the hallways adjacent to the Assembly Chambers may be used for or occupied by signs or other devices for any kind of advertising for commercial or personal gain. Notices for nonprofit, nonpartisan, civic or special legislative events may be posted in a designated area of the hallways adjacent to the Assembly Chambers with the approval of the Chief Clerk.

Rule No. 97. Petitions and Memorials.

Petitions, memorials and other papers addressed to the Assembly, shall be presented by the Speaker, or by a member in the Speaker’s place. A brief statement of the contents thereof shall be made by the introducer. They shall not be debated on the day of their being presented, but shall be on the table, or be referred, as the Assembly shall determine.

Rule No. 98. Request of Purpose.

A member may request the purpose of a bill or joint resolution upon its introduction.

Rule No. 99. Remarks.

It shall be in order for members to make remarks and to have such remarks entered in the Journal.

Rule No. 100. Precedence of Parliamentary Authority.

The precedence of parliamentary authority in the Assembly is:

1. The Constitution of the State of Nevada.

2. The Statutes of the State of Nevada.

3. The Standing Rules of the Assembly and the Joint Standing Rules of the Senate and Assembly.

4. Mason’s Manual of Legislative Procedure.

Rule No. 101. Reserved.

Rule No. 102. Privileged Questions.

Privileged questions have precedence of all others in the following order:

1. Motions to fix the time to which the Assembly shall adjourn.

2. Motions to adjourn.

3. Questions relating to the rights and privileges of the Assembly or any of its members.

4. A call of the House.

5. Motions for special orders.

Rule No. 103. Reserved.

B. Bills

Rule No. 104. Reserved.

Rule No. 105. Substitute Bills.

A substitute bill shall be deemed and held to be an amendment, and treated in all respects as such. However, a substitute bill may be amended after its adoption, in the same manner as if it were an original bill.

Rule No. 106. Skeleton Bills.

The introduction of skeleton bills is authorized when, in the opinion of the sponsor and the Legislative Counsel, the full drafting of the bill would entail extensive research or be of considerable length. A skeleton bill will be provided for purposes of introduction and committee referral. Such a bill will be a presentation of ideas or statements of purpose, sufficient in style and expression to enable the Legislature and the committee to which the bill may be referred to consider the substantive merits of the legislation proposed.

Rule No. 107. Reserved.

Rule No. 108. Reserved.

Rule No. 109. Reading of Bills.

The presiding officer shall announce at each reading of a bill whether it be the first, second or third reading. The first reading of a bill shall be for information. If there is objection, the question shall be, “Shall the bill be rejected?” If the question to reject fails to receive a majority vote by the members present, or if there is no objection, the bill shall take the proper course. No bill shall be referred to a committee until after the first reading, nor amended until after the second reading.

Rule No. 110. Second Reading and Amendment of Bills.

1. All bills must be read the second time on the first legislative day after which they are reported by committee, unless a different day is designated by motion. Upon second reading, Assembly bills reported without amendments shall be placed on the General File and Senate bills reported without amendments shall be placed on the General File. Committee amendments reported with bills shall be considered upon their second reading, and such amendments may be adopted by a majority vote of the members present. Any amendment which is numbered, copied and made available to all members must be moved and voted upon by number unless any member moves that it be read in full. Assembly bills so amended must be reprinted, engrossed, and placed on the General File. Senate bills so amended must be reprinted, then engrossed, or reengrossed, as applicable, and placed on the General File.

2. Any member may move to amend a bill during its second or third reading, and such a motion to amend may be adopted by a majority vote of the members present. Bills so amended on second reading must be treated the same as bills with committee amendments. Any bill so amended upon the General File must be reprinted and then engrossed, or reengrossed, as applicable.

3. The reprinting of amended bills may be dispensed with only in accordance with the provisions of law.

Rule No. 111. Consent Calendar.

1. A standing committee may by unanimous vote of the members present report a bill with the recommendation that it be placed on the Consent Calendar. The question of recommending a bill for the Consent Calendar may be voted upon in committee only after the bill has been recommended for passage and only if no amendment is recommended.

2. The Chief Clerk shall maintain a list of bills recommended for the Consent Calendar. The list must be printed in the Daily History and must include the summary of each bill, and the date the bill is scheduled for consideration on final passage.

3. At any time before the presiding officer calls for a vote on the passage of the Consent Calendar, a member may give written notice to the Chief Clerk or state orally from the floor of the Assembly in session that he requests the removal of a particular bill from the Consent Calendar. If a member so requests, the Chief Clerk shall remove the bill from the Consent Calendar and transfer it to the Second Reading File. A bill removed from the Consent Calendar may not be restored to that Calendar.

4. During floor consideration of the Consent Calendar, members may ask questions and offer explanations relating to the respective bills.

5. When the Consent Calendar is brought to a vote, the bills remaining on the Consent Calendar must be read by number and summary and the vote must be taken on their final passage as a group.

Rule No. 112. Reserved.

Rule No. 113. General File.

All bills reported to the Assembly, by either standing or special committees, after receiving their second readings must be placed upon a General File, to be kept by the Chief Clerk. Bills must be taken from the General File and acted upon in the order in which they were reported, unless otherwise specially ordered by the Assembly. But engrossed, bills shall be placed at the head of the file, in the order in which they are received. The Chief Clerk shall post a daily statement of the bills on the General File, setting forth the order in which they are filed, and specifying the alterations arising from the disposal of business each day. The Chief Clerk shall likewise post notices of special orders as made.

Rule No. 114. Reserved.

Rule No. 115. Reconsideration of Vote on Bill.

On the first legislative day that the Assembly is in session succeeding that on which a final vote on any bill or resolution has been taken, a vote may be reconsidered on the motion of any member. Notice of intention to move such reconsideration must be given on the day on which the final vote was taken by a member voting with the prevailing party. It is not in order for any member to move a reconsideration on the day on which the final vote was taken, except by unanimous consent. There may be no reconsideration of a vote on a motion to indefinitely postpone. Motions to reconsider a vote upon amendments to any pending question may be made at once.

Rule No. 116. Vetoed Bills.

Bills that have passed both Houses of the Legislature and are transmitted to the Assembly accompanied by a message or statement of the Governor’s disapproval or veto of the same must be taken up and considered immediately upon the coming in of the message transmitting the same, or become the subject of a special order. When the message is received, or (if made a special order) when the special order is called, the said message or statement must be read together with the bill or bills so disapproved or vetoed. The message and bill must be read by the Chief Clerk without interruption, consecutively, one following the other, and not upon separate occasions. No such bill or message may be referred to any committee, or otherwise acted upon save as provided by law and custom; that is to say, that immediately following such reading the only question (except as hereinafter stated) which may be put by the Speaker is, “Shall the bill pass, notwithstanding the objections of the Governor?” It shall not be in order, at any time, to vote upon such a vetoed bill unless the same shall first have been read, from the first word of its title to and including the last word of its final section. No motion may be entertained after the Speaker has stated the question, save a motion to adjourn or a motion for the previous question, but the merits of the bill itself may be debated. The message or statement containing the objections of the Governor to the bill must be entered in the Journal of the Assembly. The consideration of a vetoed bill, and the objections of the Governor thereto, shall be a privileged question, and shall take precedence over all others.

Rule No. 117. Reserved.

C. Resolutions

Rule No. 118. Treated as Bills—Joint Resolutions.

The procedure of enacting joint resolutions must be identical to that of enacting bills ~~[. However, joint]~~ , except that:

1. Joint resolutions, upon enrollment, must be delivered to the Secretary of State; and

2. Joint resolutions proposing amendments to the Constitution must be entered in the Journal in their entirety.

Rule No. 119. Reserved.

D. Order of Business

Rule No. 120. Order of Business.

The Order of Business must be as follows:

1. Call to Order.

2. Reading and Approval of Journal.

3. Presentation of Petitions.

4. Reports of Standing Committees.

5. Reports of Select Committees.

6. Communications.

7. Messages from the Senate.

8. Motions, Resolutions and Notices.

9. Introduction, First Reading and Reference.

10. Consent Calendar.

11. Second Reading and Amendment.

12. General File and Third Reading.

13. Unfinished Business of Preceding Day.

14. Special Orders of the Day.

15. Remarks from the Floor, limited to 10 minutes.

Rule No. 121. Reserved.

Rule No. 122. Renumbered as Rule No. 102 and reserved for future use.

Rule No. 123. Renumbered as Rule No. 82 and reserved for future use.

Rule No. 124. Reserved.

Rule No. 125. Reserved.

Rule No. 126. Renumbered as Rule No. 116 and reserved for future use.

Rule No. 127. Reserved.

Rule No. 128. Reserved.

The next rule is 140.

IX. LEGISLATIVE INVESTIGATIONS AND MISCELLANEOUS

Rule No. 140. Compensation of Witnesses.

Witnesses summoned to appear before the Assembly or any of its committees must be compensated as provided by law for witnesses required to attend in the courts of the State of Nevada.

Rule No. 141. Use of the Assembly Chamber.

The Assembly Chamber shall not be used for any public or private business other than legislative, except by permission of the Assembly.

Assemblywoman Giunchigliani moved the adoption of the resolution.

Remarks by Assemblywoman Giunchigliani.

Resolution adopted.

INTRODUCTION, FIRST READING AND REFERENCE

Prefiled Bills

By the Committee on Commerce and Labor:

Assembly Bill No. 1—AN ACT relating to cosmetology; repealing the prohibition against a cosmetological establishment engaging primarily in the business of cutting men’s hair or representing to the public that it primarily engages in the business of cutting men’s hair; and providing other matters properly relating thereto.

Assemblywoman Buckley moved that the bill be referred to the Committee on Commerce and Labor.

Motion carried.

By Assemblyman Oceguera:

Assembly Bill No. 2—AN ACT relating to intellectual property; limiting the right of an employer to own certain intellectual property developed by an employee; and providing other matters properly relating thereto.

Assemblywoman Buckley moved that the bill be referred to the Committee on Commerce and Labor.

Motion carried.

By Assemblywoman Gibbons:

Assembly Bill No. 3—AN ACT relating to public employees; requiring a paid leave of absence of certain duration for public officers and employees who donate bone marrow or certain organs; and providing other matters properly relating thereto.

Assemblywoman Buckley moved that the bill be referred to the Committee on Government Affairs.

Motion carried.

By Assemblywoman Gibbons (by request):

Assembly Bill No. 4—AN ACT relating to wildlife; decreasing the amount of time a person who is 65 years of age or older must reside in this state to qualify for a reduced fee for a license to hunt, fish, or hunt and fish; and providing other matters properly relating thereto.

Assemblywoman Buckley moved that the bill be referred to the Committee on Natural Resources, Agriculture, and Mining.

Motion carried.

By the Committee on Health and Human Services:

Assembly Bill No. 5—AN ACT relating to public welfare; requiring the Director of the Department of Human Resources to include in the State Plan for Medicaid a requirement that young adults who have “aged out” of foster care are eligible for Medicaid; and providing other matters properly relating thereto.

Assemblywoman Buckley moved that the bill be referred to the Committee on Health and Human Services.

Motion carried.

By the Committee on Health and Human Services:

Assembly Bill No. 6—AN ACT relating to children; changing the dates by which each mental health consortium is required to prepare a recommended plan for the provision of mental health services to certain children and submit the plan to the Department of Human Resources and to the Legislative Committee on Children, Youth and Families; and providing other matters properly relating thereto.

Assemblywoman Buckley moved that the bill be referred to the Committee on Health and Human Services.

Motion carried.

By Assemblyman Manendo:

Assembly Bill No. 7—AN ACT relating to driving under the influence of alcohol or a controlled substance; reducing the concentration of alcohol that may be present in the blood or breath of a person while operating a vehicle or vessel; and providing other matters properly relating thereto.

Assemblywoman Buckley moved that the bill be referred to the Concurrent Committees on Judiciary and Ways and Means.

Motion carried.

By Assemblyman Manendo:

Assembly Bill No. 8—AN ACT relating to crimes; providing that certain conduct involving shaking a child constitutes physical injury for the purpose of child abuse and neglect; providing a penalty; and providing other matters properly relating thereto.

Assemblywoman Buckley moved that the bill be referred to the Committee on Judiciary.

Motion carried.

By Assemblyman Marvel:

Assembly Bill No. 9—AN ACT relating to tort actions; requiring that damages awarded in certain actions be reduced by the amount of any benefit received from a collateral source; limiting the amount of noneconomic damages that may be awarded in certain actions; providing for periodic payments of future economic damages in certain actions; limiting the fees of attorney in certain actions; extending the period of limitations for commencing an action for product liability; and providing other matters properly relating thereto.

Assemblywoman Buckley moved that the bill be referred to the Committee on Judiciary.

Motion carried.

By the Committee on Judiciary:

Assembly Bill No. 10—AN ACT relating to crimes; repealing the prohibition against a person refusing to relinquish a party line for an emergency call or securing the use of a party line by falsely stating that it is needed for an emergency call; repealing the prohibition against a person pasturing livestock in a cemetery; repealing the prohibition against a person shearing sheep within a city or town; and providing other matters properly relating thereto.

Assemblywoman Buckley moved that the bill be referred to the Committee on Judiciary.

Motion carried.

By the Committee on Judiciary:

Assembly Bill No. 11—AN ACT relating to vandalism; providing an increased penalty for certain repeat offenses involving vandalism; and providing other matters properly relating thereto.

Assemblywoman Buckley moved that the bill be referred to the Committee on Judiciary.

Motion carried.

By the Committee on Judiciary:

Assembly Bill No. 12—AN ACT relating to tobacco; revising provisions regarding the policy that a person who sells or distributes tobacco or certain products related to tobacco through the use of the Internet must adopt to prevent a child from obtaining such products; and providing other matters properly relating thereto.

Assemblywoman Buckley moved that the bill be referred to the Committee on Judiciary.

Motion carried.

By the Committee on Judiciary:

Assembly Bill No. 13—AN ACT relating to criminal procedure; eliminating the panel of judges that conducts the penalty hearing in certain cases in which the death penalty is sought; requiring district courts and district attorneys to submit certain information to the Supreme Court concerning cases involving homicide; requiring the Supreme Court to prepare and submit an annual report providing a summary and analysis of that information to the Legislature; and providing other matters properly relating thereto.

Assemblywoman Buckley moved that the bill be referred to the Committee on Judiciary.

Motion carried.

By the Committee on Judiciary:

Assembly Bill No. 14—AN ACT relating to crimes; revising the order in which the arguments are presented during the penalty hearing when the death penalty is sought; revising the aggravating circumstances for murder of the first degree; revising provisions concerning mitigating circumstances in cases of murder of the first degree; and providing other matters properly relating thereto.

Assemblywoman Buckley moved that the bill be referred to the Committee on Judiciary.

Motion carried.

By the Committee on Judiciary:

Assembly Bill No. 15—AN ACT relating to crimes; prohibiting a sentence of death for a person who is mentally retarded; and providing other matters properly relating thereto.

Assemblywoman Buckley moved that the bill be referred to the Committee on Judiciary.

Motion carried.

By the Committee on Judiciary:

Assembly Bill No. 16—AN ACT relating to crimes; providing for genetic marker analysis of certain evidence relating to the conviction of certain offenders who have been sentenced to death; providing for a stay of execution pending the results of the analysis; requiring a court to arrest judgment if such an analysis is favorable to the petitioner; making an appropriation; and providing other matters properly relating thereto.

Assemblywoman Buckley moved that the bill be referred to the Committee on Judiciary.

Motion carried.

By the Committee on Judiciary:

Assembly Bill No. 17—AN ACT relating to criminal procedure; increasing the presumptive limits for attorneys’ fees in first degree murder cases; increasing the presumptive limits for ancillary expenses in criminal proceedings; requiring the court to appoint certain persons to assist in the defense of a person in certain cases involving murder of the first degree; and providing other matters properly relating thereto.

Assemblywoman Buckley moved that the bill be referred to the Committee on Judiciary.

Motion carried.

By the Committee on Judiciary:

Assembly Bill No. 18—AN ACT relating to supervision; requiring the posting of a bond by probationers and parolees who request permission to reside in another state; enacting provisions governing the forfeiture and distribution of such bonds under certain circumstances; providing for the establishment of standards and adoption of regulations concerning such bonds; and providing other matters properly relating thereto.

Assemblywoman Buckley moved that the bill be referred to the Committee on Judiciary.

Motion carried.

By Assemblywoman Chowning:

Assembly Bill No. 19—AN ACT relating to motor vehicles; providing for the issuance of “United We Stand” special license plates; imposing a fee for the issuance and renewal of such license plates; and providing other matters properly relating thereto.

Assemblywoman Buckley moved that the bill be referred to the Committee on Transportation.

Motion carried.

By Assemblyman Carpenter:

Assembly Bill No. 20—AN ACT making an appropriation from the State Highway Fund to the Department of Motor Vehicles for the creation and maintenance of a branch office in Wendover; and providing other matters properly relating thereto.

Assemblywoman Buckley moved that the bill be referred to the Committee on Ways and Means.

Motion carried.

By Assemblywomen Giunchigliani and Gibbons:

Assembly Bill No. 21—AN ACT relating to Oriental medicine; defining the term “accredited”; revising the qualifications for members of the State Board of Oriental Medicine; revising the requirements for a license to practice Oriental medicine; and providing other matters properly relating thereto.

Assemblywoman Buckley moved that the bill be referred to the Committee on Commerce and Labor.

Motion carried.

By Assemblywoman Koivisto:

Assembly Bill No. 22—AN ACT relating to nursing; defining certain terms related to the regulation of nursing; revising the requirements for the licensure of nurses; and providing other matters properly relating thereto.

Assemblywoman Buckley moved that the bill be referred to the Committee on Commerce and Labor.

Motion carried.

By Assemblyman Perkins:

Assembly Bill No. 23—AN ACT relating to public officers; increasing the compensation of district attorneys and sheriffs; providing for such increase in compensation to be paid retroactively; authorizing a county to request and receive a waiver from the increases in compensation in the event of insufficient financial resources; and providing other matters properly relating thereto.

Assemblywoman Buckley moved that the bill be referred to the Committee on Government Affairs.

Motion carried.

By the Committee on Commerce and Labor:

Assembly Bill No. 24—AN ACT relating to occupational licensing boards; providing primary jurisdiction for the Attorney General to prosecute crimes relating to the practice of certain occupations and professions; expanding the authority of the Attorney General to bring civil actions relating to such occupations and professions; requiring the awarding of attorney’s fees, court costs and other costs relating to the investigation and prosecution of such civil and criminal actions; providing penalties; and providing other matters properly relating thereto.

Assemblywoman Buckley moved that the bill be referred to the Committee on Commerce and Labor.

Motion carried.

By the Committee on Health and Human Services:

Assembly Bill No. 25—AN ACT relating to children; authorizing an agency which provides child welfare services to enter into agreements with certain persons for the provision of maintenance and other services; authorizing an employee of such an agency to provide maintenance and special services to certain children under certain circumstances; providing a penalty; and providing other matters properly relating thereto.

Assemblywoman Buckley moved that the bill be referred to the Committee on Health and Human Services.

Motion carried.

By Assemblyman Oceguera:

Assembly Bill No. 26—AN ACT relating to tort actions; providing immunity from liability to certain governmental entities and actors for damages caused by equipment or other personal property donated by any of them to a volunteer fire department; and providing other matters properly relating thereto.

Assemblywoman Buckley moved that the bill be referred to the Committee on Judiciary.

Motion carried.

By the Committee on Judiciary:

Assembly Bill No. 27—AN ACT relating to child support; revising the method for adjusting the presumptive maximum amounts of child support owed by noncustodial parents; and providing other matters properly relating thereto.

Assemblywoman Buckley moved that the bill be referred to the Committee on Judiciary.

Motion carried.

By Assemblyman Anderson:

Assembly Bill No. 28—AN ACT relating to adoption; providing a procedure for parties to an adoption to enter into an enforceable agreement that provides for post-adoptive contact; providing the procedure to modify such an agreement; and providing other matters properly relating thereto.

Assemblywoman Buckley moved that the bill be referred to the Committee on Judiciary.

Motion carried.

By the Committee on Judiciary:

Assembly Bill No. 29—AN ACT relating to administrative assessments; providing for an additional administrative assessment to be collected in cases involving a misdemeanor to pay for certain programs established by district courts; and providing other matters properly relating thereto.

Assemblywoman Buckley moved that the bill be referred to the Committee on Judiciary.

Motion carried.

By Assemblywoman McClain:

Assembly Bill No. 30—AN ACT relating to motor vehicles; making various changes to the provisions governing the registration of motor vehicles by new residents of this state and the issuance of drivers’ licenses to such persons; removing the provision which directs the issuance of certain pro rata refunds for registrations transferred or canceled under certain circumstances; and providing other matters properly relating thereto.

Assemblywoman Buckley moved that the bill be referred to the Committee on Transportation.

Motion carried.

By Assemblyman Collins:

Assembly Bill No. 31—AN ACT making an appropriation to Lincoln County for the improvement of facilities at the fairgrounds in Panaca; and providing other matters properly relating thereto.

Assemblywoman Buckley moved that the bill be referred to the Committee on Ways and Means.

Motion carried.

By the Committee on Commerce and Labor:

Assembly Bill No. 32—AN ACT relating to energy; requiring a customer of a public utility or alternative seller to pay certain taxes, fees and assessments relating to the purchase of natural gas or energy, capacity or ancillary services under certain circumstances; providing a penalty; and providing other matters properly relating thereto.

Assemblywoman Buckley moved that the bill be referred to the Committee on Commerce and Labor.

Motion carried.

By Assemblyman Horne:

Assembly Bill No. 33—AN ACT relating to crimes; providing for an additional penalty to be imposed upon a person who is convicted of manufacturing methamphetamines in certain circumstances; and providing other matters properly relating thereto.

Assemblywoman Buckley moved that the bill be referred to the Committee on Judiciary.

Motion carried.

By Assemblymen Conklin and Anderson; Senator Amodei:

Assembly Bill No. 34—AN ACT relating to substances causing impairment; providing that once a person has been convicted of a felony for operating a vehicle or vessel while under the influence of alcohol or a controlled substance, any subsequent violation is treated as a felony; providing penalties; and providing other matters properly relating thereto.

Assemblywoman Buckley moved that the bill be referred to the Committee on Judiciary.

Motion carried.

By the Committee on Elections, Procedures, and Ethics:

Assembly Bill No. 35—AN ACT relating to the State Legislature; changing the membership of the Advisory Committee of the Legislative Committee for Local Government Taxes and Finance; eliminating the subcommittee of the Legislative Committee appointed to conduct a study of the cost to the counties and incorporated cities in this state of maintaining highways, streets and roads; and providing other matters properly relating thereto.

Assemblywoman Buckley moved that the bill be referred to the Committee on Elections, Procedures, and Ethics.

Motion carried.

By the Committee on Natural Resources, Agriculture, and Mining:

Assembly Bill No. 36—AN ACT relating to air pollution; revising the provisions governing the program established by the State Environmental Commission for the regulation of smoke and other emissions by inspection of certain heavy-duty motor vehicles; and providing other matters properly relating thereto.

Assemblywoman Buckley moved that the bill be referred to the Committee on Natural Resources, Agriculture, and Mining.

Motion carried.

By Assemblywoman Gibbons:

Assembly Bill No. 37—AN ACT relating to insurance; revising the applicability of a certain reduction in the premiums of certain policies of insurance related to motor vehicles; and providing other matters properly relating thereto.

Assemblywoman Buckley moved that the bill be referred to the Committee on Commerce and Labor.

Motion carried.

By the Committee on Judiciary:

Assembly Bill No. 38—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 and clarifying certain provisions in and repealing certain provisions in Statutes of Nevada; and providing other matters properly relating thereto.

Assemblywoman Buckley moved that the bill be referred to the Committee on Judiciary.

Motion carried.

By the Committee on Judiciary:

Assembly Bill No. 39—AN ACT relating to the revision of statutes; directing the Legislative Counsel to resolve all nonsubstantive conflicts between legislative acts and give effect to multiple amendments to a single section of the Nevada Revised Statutes; and providing other matters properly relating thereto.

Assemblywoman Buckley moved that the bill be referred to the Committee on Judiciary.

Motion carried.

By Assemblyman Oceguera:

Assembly Bill No. 40—AN ACT relating to civil practice; extending the period of limitations for commencing a civil action that has been dismissed on grounds other than on the merits; and providing other matters properly relating thereto.

Assemblywoman Buckley moved that the bill be referred to the Committee on Judiciary.

Motion carried.

By Assemblyman Collins:

Assembly Bill No. 41—AN ACT relating to wildlife; converting the Division of Wildlife of the State Department of Conservation and Natural Resources into the Department of Wildlife; providing that the Department is under the control of the Board of Wildlife Commissioners; and providing other matters properly relating thereto.

Assemblywoman Buckley moved that the bill be referred to the Committee on Natural Resources, Agriculture, and Mining.

Motion carried.

GUESTS EXTENDED PRIVILEGE OF ASSEMBLY FLOOR

On request of Assemblyman Anderson, the privilege of the floor of the Assembly Chamber for this day was extended to Clyda H. Anderson,
Natha Clyde Anderson, Carolyn P. Hooper, Lani Anderson,
Edward P. Anderson, Jr., Edward P. Anderson, Sr., Kelly Gardner,
Rick Gardner, R. J. Gardner, Becca Gardner, Whitney Gardner,
Michael Gardner, Lynn Peterson, and Breanna St. Angelo.

On request of Assemblyman Andonov, the privilege of the floor of the Assembly Chamber for this day was extended to Elsbeth Andonov,
Viktor Andonov, Beth Lowe, Leo Moschioni, Avnish Bhatnagan,
Brenden Scherr, Lydia Scherr, and Leah Scherr.

On request of Assemblywoman Angle, the privilege of the floor of the Assembly Chamber for this day was extended to Ted Angle, Alan Mills, Pastor John Reed, Bill Fiedrich, Frank Kengle, and Nellie Butler.

On request of Assemblyman Atkinson, the privilege of the floor of the Assembly Chamber for this day was extended to James Atkinson,
Haley Atkinson, Mary Atkinson, Clarence Williams, Beverly Campbell, Barbara Atkinson, Blair Atkinson, Tyrone Thompson, Larissa Shaw, and Dominique Shaw.

On request of Assemblyman Beers, the privilege of the floor of the Assembly Chamber for this day was extended to Mrs. Sarah Beers,
Kyle Beers, Frank Beers, Pat Beers, Ken Johnson, Grace Johnson, and
Sandra Vitolo.

On request of Assemblywoman Buckley, the privilege of the floor of the Assembly Chamber for this day was extended to Chan Kendrick,
Ford Kendrick, Tina Prieto, Gillian Prieto, Carol Loomis, Candace Ruisi, Wayne Pressel, Edith Buckley, Aiden Kendrick, and Barbara Houger.

On request of Assemblyman Carpenter, the privilege of the floor of the Assembly Chamber for this day was extended to Kristina De Forest and Susan Rucker.

On request of Assemblywoman Chowning, the privilege of the floor of the Assembly Chamber for this day was extended to David Stout,
Maureen Stout, Judy Benet, Don Benet, William Fowler, Laurie LeWarne, Jerri Sampson, Ken Sampson, Steven Sampson, Jackie Valley,
Marji Paslov Thomas, David Stout, Jr., Karen Stout, and Elmer Chowning.

On request of Assemblyman Christensen, the privilege of the floor of the Assembly Chamber for this day was extended to Ashley Christensen,
Cole Christensen, Reed Christensen, Ray Christensen, Marilyn Christensen, Anita Canfield, Steve Canfield, Margie McMichael, Collette Thompson, Chad Christensen, Clarke Christensen, and Cooper Christensen.

On request of Assemblyman Claborn, the privilege of the floor of the Assembly Chamber for this day was extended to Carol Claborn, William C. Waggoner, Micky Adams, Steve Billy, Dale Vawter, Bob Burns, and
Fred Young.

On request of Assemblyman Collins, the privilege of the floor of the Assembly Chamber for this day was extended to Kathy Collins and
Marilyn Kirkpatrick.

On request of Assemblyman Conklin, the privilege of the floor of the Assembly Chamber for this day was extended to Kathleen Boutin,
Carl Conklin, Jr., Anita Conklin, Carl Conklin, Debbie Conklin,
Mijanne Conklin, Ken Paul, Sue Paul, Mark Destefano, B. J. Dugan,
George Dugan, and Christina Dugan.

On request of Assemblyman Geddes, the privilege of the floor of the Assembly Chamber for this day was extended to Cindie Geddes, Joe Geddes, Peggy Geddes, James Geddes, Sharon Nichols, Charles Nichols,
Aaron Geddes, Dagmar Schultz, Kayden Geddes, Marcia Vinson, Stefanie Utz, Gordon Utz, Vivian Hobbs, Theresa Hobbs, Antonio Inserra,
Jay Parmer, Ardis Parmer, Arjun Dhingra, Buzz Harris, Steve Leden,
Rita Leden, and Mellisa Clament.

On request of Assemblywoman Gibbons, the privilege of the floor of the Assembly Chamber for this day was extended to Bob Price, Lyndsey Munn, and Loretta White.

On request of Assemblywoman Giunchigliani, the privilege of the floor of the Assembly Chamber for this day was extended to Gary Gray, Marge Griffin, Kelly Fisher, Myrna Giunchigliani, Jeanne Hagens, and
Jacque Pellam.

On request of Assemblyman Goicoechea, the privilege of the floor of the Assembly Chamber for this day was extended to Gladys Goicoechea and Naomi DiMartino.

On request of Assemblyman Goldwater, the privilege of the floor of the Assembly Chamber for this day was extended to Hon. Bert Goldwater,
Joan Tuntland, Mary Goldwater, and Nancy Goldwater.

On request of Assemblyman Grady, the privilege of the floor of the Assembly Chamber for this day was extended to Pat Grady, Cady Cordes, Addyson Harmon, Tina Cordes, Gary Cordes, Sean Cordes, Taylen Cordes, Paul Harmon, Tami Harmon, Jace Harmon, Tim Grady, Fernando Serrano, Jane Ripley, Sam Matheny, Maureen Macrander, Rita Phelps, and
George Phelps.

On request of Assemblyman Griffin, the privilege of the floor of the Assembly Chamber for this day was extended to Reenie Griffin,
Bennett Griffin, Sarah Griffin, Jeff Griffin, Marna Griffin, Doyle Sutton, Ann Sutton, Harrison Griffin, Graham Griffin, Jordan Griffin, Monet Griffin,
George Harding, and Janeece Harding.

On request of Assemblyman Gustavson, the privilege of the floor of the Assembly Chamber for this day was extended to Jerry Stacy, Cindy Bush, Martin Herman, Don V. Gustavson, Don Gustavson, Donna Gustavson,
Lee R. Gustavson, Glenda Mixer, Jill Dickman, Kayla-Lee Saulnier, Stephanie Stalcup, and Neil Connolly.

On request of Assemblyman Hardy, the privilege of the floor of the Assembly Chamber for this day was extended to Jill Hardy, Ryan Hardy, Homer Hardy, Beverly Hardy, and Donna Christiansen.

On request of Assemblyman Hettrick, the privilege of the floor of the Assembly Chamber for this day was extended to Nenita Wasserman, Tiffany Hettrick, Erin Russell, Suemi Atherton, Monte Walters, Eric Cooper,
Linda Cooper, Sue Robertson, Kevin Child, Connie Davis, Charlotte Adams, and Becky Wood.

On request of Assemblyman Horne, the privilege of the floor of the Assembly Chamber for this day was extended to Brenda Horne, unborn son, William Henry Horne, II, Mary Jackson, and Joel Mann.

On request of Assemblyman Knecht, the privilege of the floor of the Assembly Chamber for this day was extended to Kathy Knecht, Lela Knecht, Christena Jensen, Glen Berlin, Karyn Knecht, Bill Hackmann, Joyce Houle, Bob Houle, Carolyn Harrison, Jim Harrison, David Harrison, Donn Simons, Dianne Masayko, Larry Osborne, The Honorable Mayor Ray Masayko,
The Honorable Al Kramer, and Jeanne Simons.

On request of Assemblywoman Koivisto, the privilege of the floor of the Assembly Chamber for this day was extended to Shirley Johnson,
Andrew Koivisto, Emma Koivisto, and Victor Koivisto.

On request of Assemblywoman Leslie, the privilege of the floor of the Assembly Chamber for this day was extended to Teresa Benitec and
Bob Fulkerson.

On request of Assemblyman Mabey, the privilege of the floor of the Assembly Chamber for this day was extended to Sheri Mabey, Alicia Mabey, Rebecca Mabey, Sarah Mabey, Camille Mabey, Jacob Mabey, Rex Mabey, Peggy Mabey, Marsha Fernandez, Jim Fernandez, David Tanner,
Kyle Stephens, Julie Tanner, Tim Tanner, and Diana Stephens.

On request of Assemblyman Manendo, the privilege of the floor of the Assembly Chamber for this day was extended to Linda Yang and
David K.C. Chien.

On request of Assemblyman Marvel, the privilege of the floor of the Assembly Chamber for this day was extended to Wilberta Marvel,
Bill Brainard, Marilyn Brainard, Michelle Slagle, Delanie Slagle,
Sharon Andreasen, Dustin Marvel, and Yhvona Martin.

On request of Assemblywoman McClain, the privilege of the floor of the Assembly Chamber for this day was extended to Dave McClain.

On request of Assemblyman McCleary, the privilege of the floor of the Assembly Chamber for this day was extended to Verna McCleary and Alexander McCleary.

On request of Assemblyman Mortenson, the privilege of the floor of the Assembly Chamber for this day was extended to Helen Mortenson.

On request of Assemblyman Oceguera, the privilege of the floor of the Assembly Chamber for this day was extended to Linda Mertins,
Greg Clemens, Carla Clemens, Christopher Clemens, Benjamin Clemens,
Steven Hansen, Eileen Montgomery, Stephanie Boixo, Jacob Clemens, and Aaron West.

On request of Assemblywoman Ohrenschall, the privilege of the floor of the Assembly Chamber for this day was extended to James Ohrenschall, Frank Daykin, and Steve Sampson.

On request of Assemblyman Perkins, the privilege of the floor of the Assembly Chamber for this day was extended to Terri Perkins,
Nicole Sayles, Shirley Perkins, John Smith, Dawn Mackelprang,
Craig Mackelprang, Josh Mackelprang, Matt Harrison, Brian Weideman, Stephanie Weideman, Rikki Perkins, and Ashley Perkins.

On request of Assemblywoman Pierce, the privilege of the floor of the Assembly Chamber for this day was extended to Geoffrey Pierce,
Virginia Pierce, Catherine Moyer, Caroline Moyer, Daniel Moyer,
Bryon Moyer, Sam Hogan, and Elizabeth Cameron.

On request of Assemblyman Sherer, the privilege of the floor of the Assembly Chamber for this day was extended to Angela Sherer,
Cody Sherer, Sarah Sherer, Alice Eychaner, Laura Billman, Patty Chipman, Paul Willis, John Timmerman, Dawn Timmerman, Fallon Merbs, and
Pat Bain.

On request of Assemblywoman Weber, the privilege of the floor of the Assembly Chamber for this day was extended to Pete Weber, Connie Weber, Lee Weber, Michael Weber, Bonnie Weber, Carolyn Grant, Sharon Ball, and Matthew Weber.

On request of Assemblyman Williams, the privilege of the floor of the Assembly Chamber for this day was extended to Zelda Williams,
Sandy Tolas, and Tya Mathis.

Assemblywoman Buckley moved that the Assembly adjourn until Tuesday, February 4, 2003, at 11:00 a.m., and that it do so in memory of the crew of the STS-107 Space Shuttle Columbia.

Motion carried.

Assembly adjourned at 3:07 p.m.

Approved: Richard D. Perkins

Speaker of the Assembly

Attest: Jacqueline Sneddon