NEVADA LEGISLATURE

Journal

of the

SENATE of the State

of Nevada

SEVENTY-second SESSION

THE FIRST DAY

Carson City (Monday), February 3, 2003

Senate called to order at 12:07 p.m.

President Hunt presiding.

President Hunt requested that her remarks be entered in the Journal.

Today, as we begin this session, let us take a moment to remember the heroic men and women who perished in the recent tragedy of the Space Shuttle Columbia. These brave Astronauts were on a mission to find the answers to help make this world a better place for all people and for generations to come.

Their dedicated spirit of commitment to explore new horizons to benefit mankind should be an inspiration to us as we embark on a historic legislative session of enormous consequences to our State’s future.

Nevada is on a bold, new course in the 21st Century. This body, along with the Governor and the Assembly, holds our State’s competitive economic future in its hands.

The decisions we make during this session can propel us into a future as major participants in the global economy.

Nevada’s opportunities are abundant. Nevada’s challenges require sensible solutions.

Let us elevate our goals and aspirations to meet the challenges for our people.

Let us strive to maintain a higher quality of life while protecting our entrepreneurial spirit and competitive edge in the world marketplace of the 21st Century.

Prayer by former Senator Lawrence E. Jacobsen.

Thank you, Madam President. Ladies and gentlemen, my first responsibility is to thank Senator Raggio for this honor. This is like frosting on the cake for me to stand here before you after 40 years of service. To give the prayer this morning is certainly an honor, and one I will always remember.

O Gracious Father, as we bow our heads this morning, I am just so pleased to see the gathering that is here, the new Senators, the old, the mothers and fathers and especially the children.

Today is a great day. It is a great day because this is the Lord’s day and since He has called us here together to take care of government and do it on our time and our own bidding. I would ask that Thy blessing, O Lord, be on each and every one of us assembled here this morning in the Chamber. As the President has indicated, the last few days have taught us another lesson. The Astronauts, Lord only knows that they are closer to heaven than we. Still, we wonder, and I have heard it said on the television and between people, what do we do now. Let me indicate to you that we have survived many years by hope, by faith and by love. Hopefully, O Gracious Father, that will be true also as the days go forward.

World peace, each one of us, as we read the paper or listen to the news, wonders what the world is all about and what is our stand on world peace. I would indicate to each and everyone of you that we have only one choice, today, and that is United We Stand. Let me indicate, O Lord, that the alarm has been sounded and some of our own have gone to serve. We would ask Your guidance and protection wherever they may find themselves, both men and women in the service of this great country of ours. May we never forget that our freedom is based on the service of people.

The State of the State is probably number one on the agenda. Gracious Father, give our Senators the wisdom, the strength and the courage to make sure that Nevada is financially sound, safe and secure. May their action here in the Senate be one of honor and dignity. May their decisions be firm and complete.

I would like to close with a prayer that I heard yesterday in church which I thought was very appropriate.

Almighty God, you have given us this good land as our heritage. Grant that we remember Your goodness and constantly strive to do Your will. Bless our land with honest work, truthful education and a moral way of life. Save us from violence, discord and confusion, from pride and arrogance, and from every evil of body and soul. Defend our liberties, O Gracious Father, and give those to whom we have entrusted with the authority of government the spirit of wisdom that there may be justice and peace in our land. When times are prosperous, let our hearts be thankful, and in troubled times, do not let our trust in You fail.

May the good Lord bless and keep you and grant you satisfaction in your service, grace in your giving, perseverance in your prayer, willingness in your worship, open your goals for the future and in love with all your living.

Amen.

Senator Raggio requested that a moment of silence be observed for the seven Astronauts of the Columbia Space Shuttle and former Nevada State Controller Darrel Daines.

Madam President announced that if there were no objections, the Senate would recess subject to the call of the Chair.

Senate in recess at 12:15 p.m.

SENATE IN SESSION

At 12: 23 p.m.

President Hunt presiding.

Quorum present.

remarks from the floor

President Hunt:

We are delighted to have the Carson High School Naval Junior ROTC Color Guard, whose members include the following: Color Guard Commander Chris MacMahon; Brett Bindley, Catheryne Frey and Scott Paine. They will present the colors.

Presentation of the Colors by Carson High School Naval Junior ROTC of Carson City, Nevada.

Pledge of allegiance to the Flag.

President Hunt:

It is my pleasure to announce that the National Anthem will be presented by Lisa Ellis. Following the National Anthem, Ms. Cethe Autumn Choux will sing God Bless America. Cethe will be accompanied by her aunt Sue Parkhurst who is one of our former Senate attachés. Lisa and Sue are the sisters and Cethe is the granddaughter of our Commerce and Labor Committee Manager, Sheri Asay.

MOTIONS, RESOLUTIONS AND NOTICES

Madam President requested Mrs. Claire J. Clift to serve as temporary Secretary of the Senate and Mr. Charles P. Welsh to serve as temporary Sergeant at Arms.

Madam President instructed the temporary Secretary to call the roll of the holdover Senators.

Roll called.

All holdover Senators present.

Madam President appointed Senators McGinness, Shaffer and Wiener as a temporary Committee on Credentials.

Madam President announced that if there were no objections the Senate would recess subject to the call of the Chair while credentials of the newly‑elected Senators were examined by the temporary Committee on Credentials.

Senate in recess at 12:33 p.m.

SENATE IN SESSION

At 12:44 p.m.

President Hunt presiding.

Quorum present.

REPORTS OF COMMITTEES

Madam President:

Your temporary Committee on Credentials has had the credentials of the respective Senators‑elect under consideration and begs leave to report that the following persons have been and are duly elected and qualified members of the Senate of the Seventy-second Session of the Legislature of the State of Nevada: Senators: Mark E. Amodei, Terry Care, Maggie Carlton, Barbara K. Cegavske, Bob Coffin, Warren B. Hardy II, Bernice Mathews, Dennis Nolan, Sandra J. Tiffany, Randolph J. Townsend and Maurice E. Washington.

Mike McGinness

Raymond D. Shaffer

Valerie Wiener

MOTIONS, RESOLUTIONS AND NOTICES

Senator McGinness moved that the report of the temporary Committee on Credentials be adopted.

Motion carried.

Madam President appointed Senators Rhoads, O'Connell and Schneider to escort Chief Justice Deborah A. Agosti of the Supreme Court of Nevada to the rostrum to administer the oath of office to the newly-elected Senators.

Madam President announced that if there were no objections, the Senate would recess subject to the call of the Chair.

Senate in recess at 12:45 p.m.

SENATE IN SESSION

At 12:49 p.m.

President Hunt presiding.

Quorum present.

Chief Justice Agosti administered the oath of office to the newly-elected Senators.

Madam President announced that if there were no objections, the Senate would recess subject to the call of the Chair.

Senate in recess at 12:55 p.m.

SENATE IN SESSION

At 1:12 p.m.

President Hunt presiding.

Quorum present.

Senator Cegavske moved that the Chief Justice be extended a unanimous vote of thanks for administering the oath.

Motion carried unanimously.

Madam President instructed the temporary Secretary to call the roll of the Senators.

Roll called.

All Senators present.

Madam President declared that nominations were in order for President pro Tempore.

Senator Hardy nominated Senator Mark E. Amodei for President pro Tempore.

Senator Neal moved that the nominations be closed.

Motion carried.

Madam President declared Senator Amodei to be President pro Tempore of the Senate.

Madam President declared that nominations were in order for Secretary of the Senate.

Senator Raggio nominated Mrs. Claire J. Clift to be Secretary of the Senate.

Senator Titus moved that the nominations be closed.

Motion carried.

Madam President declared Mrs. Claire J. Clift to be the Secretary of the Senate.

Madam President appointed Senators Tiffany, Nolan and Carlton as a committee of three to inform the Assembly that the Senate is organized and ready for business.

Madam President appointed Senators Townsend, Washington and Coffin as a committee of three to inform the Governor that the Senate is organized and ready for business.

Senator Raggio moved that the following persons be accepted as accredited press representatives, and that they be assigned space at the press table and allowed the use of appropriate media facilities: ASSOCIATED PRESS: Brendan Riley, Ryan Pearson, Benjamin Kieckhefer; DAILY SPARKS TRIBUNE/KAME/KRXI-TV: Andrew Barbano; ELKO DAILY FREE PRESS: Jerry Blair; FOX 5 NEWS: John Huck, Garrett Breit; KLAS-TV: George Knapp, Matthew Adams, Richard Czarny; KLVX-TV: Tom Axtell; KNPB-TV: Douglas Walters, Brenal Salvador, Dennis Myers, Dave Santina, Bonnie Maclean, Ali Herndon-Or, Jack Kelly, Erin Breen, Ethan Salter; KOLO-TV: Brent Boynton, Jean Casarez, Tim Ill, Ed Pearce, Josh Little, Jeff Deitch, Mark Cronon, James Steiner, Terri Russell, Vicky Nguyen, Justin Kanno; KPTL-Radio: Scott Gahagen, Terrie Q. Sayre, Cheri D. Flynn, Jarvis Kaler, Ron Harrison; KTNV-TV: Mark Sayre; KVBC: Kendall Tenney, Alyssa Anderson, Justin Rush; KWNA Radio: Torrey Sheen; LAS VEGAS CITY LIFE: Matt O'Brien; LAS VEGAS SUN: Susan Snyder; NEVADA APPEAL: Francine Norton, Teri Vance, Ray Estrada, Barry Smith, Kelli DuFresne, Susan Vasquez, Rick Gunn, Cathleen Allison, Jill Keller, Rhonda Costa-Land, Karl Horeis, Brian Corley; NEVADA BROADCASTER'S ASSOCIATION: Robert D. Fisher; NORTH LAKE TAHOE BONANZA: Rick Adair, Kirk Caraway; NORTHERN NEVADA BUSINESS WEEKLY: Anne Knowles; SAM SHAD PRODUCTIONS: Samuel Shad, Sam Breen, Ande Engleman; TAHOE DAILY TRIBUNE: Kathryn Reed; TASMAN PACIFIC MEDIA GROUP: Donna Andres, Peter Hutchinson; THE MEDIA CENTER: Mitch Fox, Charles M. Evans, Kaye Crawford, Don Alexander, Henry King, Earl Spriggs, David Kizler, John Bankhead, Jeremy Bauman, John Ponzo, Kim Anhalt, Carol Cizauskas, Nancy Burgess, Fred Fichman; THE UNLV REBEL YELL: Erik Ball, Nick Christensen, Angela Flores; UNIVISION-LAS VEGAS NEWS: Janette Luviano, Xochitl Sandoval, Brenda Torres, Joel Romo, Johanna Suarez, Ricardo Fernandez, Roger Velado, Jorge Avila, Sol Binkier; VARTEK: Marcia Cohen, Michael Vargas; VIRGINIA CITY REGISTER: Douglas Truehill, Sharon Truehill, Bill Sjovaugen, Scott Phillips, Ernst Wipple, Gary M. G. Deacon and WE THE PEOPLE: Shayne Del Cohen.

Motion carried.

Madam President announced that if there were no objections, the Senate would recess subject to the call of the Chair.

Senate in recess at 1:18 p.m.

SENATE IN SESSION

At 1:47 p.m.

President Hunt presiding.

Quorum present.

Senator Tiffany reported that her committee had informed the Assembly that the Senate is organized and ready for business.

Senator Townsend reported that his committee had informed the Governor that the Senate is organized and ready for business.

MOTIONS, RESOLUTIONS AND NOTICES

By Senators Raggio and Titus:

Senate Resolution No. 1—Adopting the Standing Rules of the Senate for the 72nd Session of the Legislature.

Remarks by Senator Raggio and Neal.

Senator Raggio requested that the following remarks be entered in the Journal.

Senator Raggio:

Thank you, Madam President. This resolution adopts the Senate Standing Rules with no major changes other than the following changes:

Rule No. 40 sets forth the jurisdiction of various standing committees of the Senate and that has been amended to include provisions of the Nevada Revised Statutes (NRS) enacted last session. Chapters 701 and 704B, governing public utilities providing electricity, are assigned to the Committee on Commerce and Labor. Chapter 719, the Uniform Electronic Transaction Act that was adopted, is assigned to the Judiciary Committee. Chapter 480 governing the Department of Public Safety, will be assigned to the Transportation Committee. I have inquired and was told that there are no other changes to Rule No. 40 other than those I have mentioned.

In the past, the Senate Rules have required that 1,100 copies of bills and resolutions be printed which is unnecessary and an additional expense. The Rules will change to provide for “an appropriate number of copies” of bills and resolutions to be printed. The policy will be 750 copies printed for the Senate and Assembly unless an additional amount is needed.

There is a technical amendment, brought by our Secretary of the Senate, in her spare time, regarding the Senate’s custom to “order” bills on Second Reading to the General file. Rule No. 113 is amended to reflect and comply with the Senate’s practice of this custom.

Rule No. 120 is being amended to provide that a Senator may speak under Order of Business No. 16 for no longer than ten minutes unless the President of the Senate provides otherwise. This change is intended to carry out the business of the Senate in a more efficient manner. We found in the last session with 120 days that we get into some inordinately long discussions under Order of Business No. 16, and many times, they are not always germane to our issues, but we do not want to preclude someone from speaking. This is the same as the Assembly’s rule except it does allow the President of the Senate to extend the time. It is the intent that the time would be limited to ten minutes unless there is a compelling reason and the President would authorize an extension of time.

Senator Neal:

Madam President, through you to the Majority Leader, the change that has been proposed in Rule No. 120, governing the remarks made from the floor of the Senate by Senators, is new. We have never had a particular change like this one since I have been here. Researching the rule back to 1864, these particular changes have never appeared, and I object to the language that is now becoming a part of Order of Business No. 16 because it gives the President of the Senate unbridled discretion to determine who will talk more than ten minutes. I have served with the Lieutenant Governor for the past four years, and I know that sometimes she exhibits some biases. We saw that when we had the midnight meeting, when the State Industrial Insurance System (SIIS) was sold, and many members had to be called back to Chambers to discuss some of the issues that we, on the Democratic side, wanted to discuss. I am not too certain whether or not this delegation of providing authority is constitutional. When we look at the duties of the President of this Senate, those duties give her authority, but they do not allow her to interject herself into the business of this floor, unless issues are not germane to an issue we pass. In other instances where the Lieutenant Governor might object to issues or someone being out of line, you can always appeal to the body of the Senate, but here, there is no appeal. It is unbridled discretion for her to determine that whenever the Majority Leader speaks he can speak as long as he wants, but if a Joe Neal might rise and get the microphone, then ten minutes applies. I think that is wrong. If you have a straight ten minutes I would not have a problem. The President would not have the unbridled discretion to determine who will speak more that ten minutes. It is an unauthorized delegation of authority to the Lieutenant Governor by the Senate involving her in the Senate business, and I find that wrong. I will have to object to this particular rule being put into the Standing Rules of the Senate. We have never had this occur in all the years of this Senate.

Senator Raggio:

In response, I would point out that this only applies to Order of Business No. 16. The limit of ten minutes does not apply to other matters when we are under other Orders of Business. Order of Business No. 16 is the introduction of guests or someone wanting something put in the record. I would have no objection to changing this to just the “not longer than ten minutes” and strike the language “unless the President of the Senate provides otherwise.” We thought that it might be helpful if there was a compelling reason to extend the time. I am happy to accept the good Senator’s suggestion, and we will ask the bill drafter to draw another page on that, if that is the only objection. I will suggest that we set this aside for the moment and go to the next resolution.

By Senators Raggio and Titus:

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

Senator Raggio moved the adoption of the resolution.

Remarks by Senator Raggio.

Senator Raggio requested that his remarks be entered in the Journal.

Madam President, this resolution provides an allowance for leadership and other members of the Senate for periodicals, postage, stationery and communications used by each Senator for office expenditures for this session.

Resolution adopted unanimously

By Senators Raggio and Titus:

Senate Resolution No. 3—Providing for the appointment of Senate attachés.

Resolved by the Senate of the State of Nevada, That the following persons are elected as attachés of the Senate for the 72nd Session of the Legislature of the State of Nevada: Mary Jo Mongelli, Ann-Berit Moyle, Mary R. Phillips, Molly Dondero, Susan S. Whitford, Gerry Selover, Rebecca M. Harris, Jane Gill, Ruth B. Pierini, Charles P. Welsh, Sam A. Palazzolo, John D. Turner, Ronald Sandoval, Evelyn Mattheus, Shirley Hammon, Betty Christenson, Joan Thran, Lydia Lee, Dorothy Souza, Linda Chapman, Billie Brinkman, Cassandra Jones, Dana Goettsch, Stella Blood, Jeanne Baret, JoAnn Wessel, Lela Uptergrove, Laura Adler, Michael Archer, Sandy Arraiz, Sheri Asay, Lydia Ball, Ann Bednarski, Ricka Benum, Joseph Bozsik, Pamela Carter, Cwendolyn Chapman, Cynthia Cook, Judith E. Coolbaugh, Denise Davis, Tara DeWeese, Rebecca Dobert, Johanna A. Downey, James D. Earl, Maryann Elorreaga, Donna Esposito, Jo Greenslate, Susan E. Hult, Judy Jacobs, Ardyss Johns, Lee-Ann Keever, Maudie Long, Gayle Maynard, Barbara Moss, Silvia Motta, Katherine Nash, Lora Nay, Alice Nevin, Olivia Lodato, Lyndl Payne, Gina Rasner, Sherry Rodriguez, Marion Sandoval, Paula Saponaro, Mary Savarese, Mavis Scarff, Makita Schichtel, Beth Schwartz, Judith Toscano, Fred Uptergrove, Patricia Vardakis, Julie Walker, Johnnie Willis, Norman Wessel, Sharon Carter, John Clendening, Gail Herstead, Lissa Stevens, Carolyn Wood, Rayna Wortman, Emory Lee Crews, Mary Thompson, Janet Meredith, Patty Woodworth, Ed Cordisco, Alyce King, Don Payne, John Perondi, Joe Pieretti, Marlene Staub, Lori Whatley, Fred White and Matt McAlman.

Senator Raggio moved the adoption of the resolution.

Remarks by Senator Raggio.

Resolution adopted unanimously.

A committee from the Assembly composed of Assemblymen Parks, Goldwater and Brown appeared before the bar of the Senate and announced that the Assembly was organized and ready for business.

Madam President announced that if there were no objections, the Senate would recess subject to the call of the Chair.

Senate in recess at 2:34 p.m.

SENATE IN SESSION

At 3:08 p.m.

President Hunt presiding.

Quorum present.

MOTIONS, RESOLUTIONS AND NOTICES

By Senators Raggio and Titus:

Senate Resolution No. 1—Adopting the Standing Rules of the Senate for the 72nd Session of the Legislature.

RESOLVED BY THE SENATE OF THE STATE OF NEVADA, That the Senate Standing Rules as amended by the 71st Session are adopted, with the following changes, as the Standing Rules of the Senate for the 72nd Session of the Legislature:

I. OFFICERS AND EMPLOYEES

Duties of Officers

Rule No. 1. President.

The President shall take the chair and call the Senate to order precisely at the hour appointed for meeting, and if a quorum is present shall cause the Journal of the preceding day to be read. He shall preserve order and decorum, and in case of any disturbance or disorderly conduct within the Senate Chamber, shall order the Sergeant at Arms to suppress it, and may order the arrest of any person creating any disturbance within the Senate Chamber. He may speak to points of order in preference to members, rising from his seat for that purpose, and shall decide questions of order without debate, subject to an appeal to the Senate by two members, on which appeal no member may speak more than once without leave of the Senate. He shall sign all acts, addresses and joint resolutions, and all writs, warrants and subpoenas issued by order of the Senate; all of which must be attested by the Secretary. He has general direction of the Senate Chamber.

Rule No. 2. President pro Tem.

The President pro Tem has all the power and shall discharge all the duties of the President during his absence or inability to discharge the duties of his office. In the absence or inability of the President pro Tem to discharge the duties of the President’s office, the Chairman of the Committee on Legislative Affairs and Operations shall preside. In the absence of the Chairman, the Vice Chairman of the Committee on Legislative Affairs and Operations shall preside. In the absence of the Vice Chairman of the Committee on Legislative Affairs and Operations, the Senate shall elect one of its members as the presiding officer for that occasion.

Rule No. 3. Secretary.

1. The Secretary of the Senate is elected by the Senate, and shall:

(a) Interview and recommend to the Committee on Legislative Affairs and Operations persons to be considered for employment to assist the Secretary.

(b) See that these employees perform their respective duties.

(d) Unless otherwise ordered by the Senate, transmit at the end of each working day those bills and resolutions upon which the next action is to be taken by the Assembly.

2. The Secretary is responsible to the Majority Leader.

Rule No. 4. Sergeant at Arms.

1. The Sergeant at Arms shall attend the Senate during its sittings, and execute its commands and all process issued by its authority. He must be sworn to keep the secrets of the Senate.

2. The Sergeant at Arms shall:

(a) Superintend the upkeep of the Senate’s Chamber, private lounge, and meeting rooms for committees.

(b) Interview and recommend to the Committee on Legislative Affairs and Operations persons to be considered for employment to assist the Sergeant at Arms.

3. The Sergeant at Arms is responsible to the Majority Leader.

Rule No. 5. Assistant Sergeant at Arms.

The Assistant Sergeant at Arms shall be doorkeeper and shall preserve order in the Senate Chamber and shall assist the Sergeant at Arms. He shall be sworn to keep the secrets of the Senate.

Rule No. 6. Reserved.

The next rule is 10.

II. SESSIONS AND MEETINGS

Rule No. 10. Time of Meeting.

The President shall call the Senate to order each day of sitting at 11:00 o’clock a.m., unless the Senate has adjourned to some other hour.

Rule No. 11. Call of Senate—Moved by Three Members.

A Call of the Senate may be moved by three Senators, and if carried by a majority of all present, the Secretary shall call the roll and note the absentees, after which the names of the absentees shall again be called over. The doors shall then be closed and the Sergeant at Arms directed to take into custody all who may be absent without leave, and all Senators so taken into custody shall be presented at the bar of the Senate for such action as to the Senate may seem proper.

Rule No. 12. Absence—Leave Required.

No Senator shall absent himself from the service of the Senate without leave, except in case of accident or sickness, and if any Senator or officer shall so absent himself his per diem shall not be allowed him.

Rule No. 13. Open Meetings.

1. Except as provided in the Constitution of the State of Nevada and in subsection 2 of this rule, all meetings of the Senate and its committees must be open to the public.

2. A Senate committee meeting may be closed to consider the character, alleged misconduct, professional competence, or physical or mental health of a person.

The next rule is 20.

III. DECORUM AND DEBATE

Rule No. 20. Points of Order.

1. If any Senator, in speaking or otherwise, transgresses the rules of the Senate, the President shall, or any Senator may, call him to order. If a Senator is so called to order, he shall not proceed without leave of the Senate. If such leave is granted, it must be upon the motion, “That he be allowed to proceed in order,” and the Senator shall confine himself to the question under consideration and avoid personality.

2. Every decision of points of order made by the President is subject to appeal, and a discussion of a question of order may be allowed only upon the appeal of two Senators. In all cases of appeal, the question must be, “Shall the decision of the Chair stand as the judgment of the Senate?”

Rule No. 21. Breaches of Decorum.

1. In cases of breaches of decorum or propriety, any Senator, officer or other person is liable to such censure or punishment as the Senate may deem proper.

2. If any Senator is called to order for offensive or indecorous language or conduct, the person calling him to order shall report the offensive or indecorous language or conduct to the presiding officer. No member may be held to answer for any language used on the floor of the Senate if business has intervened before exception to the language was taken.

3. Indecorous conduct or boisterous or unbecoming language is not permitted in the Senate Chamber.

The next rule is 30.

IV. QUORUM, VOTING, ELECTIONS

Rule No. 30. Recorded Vote—Three Required to Call For.

1. A recorded vote must be taken upon final passage of a bill or joint resolution, and in any other case when called for by three members. Every Senator within the bar of the Senate shall vote “aye” or “no” or record himself as “not voting,” unless excused by unanimous vote of the Senate.

2. The votes and names of those absent or recorded as “not voting” and the names of Senators demanding the recorded vote must be entered in the Journal.

Rule No. 31. President to Decide—Tie Vote.

A question is lost by a tie vote, but when the Senate is equally divided on any question except the passage of a bill or joint resolution, the President may give the deciding vote.

Rule No. 32. Manner of Election—Voting.

1. In all cases of election by the Senate, the vote must be taken viva voce. In other cases, if a vote is to be recorded, it may be taken by oral roll-call or by electronic recording.

2. When a recorded vote is taken, no Senator may:

(a) Vote except when at his seat;

(b) Vote upon any question in which he is in any way personally or directly interested;

(d) Change his vote after the result is announced.

3. The announcement of the result of any vote must not be postponed.

The next rule is 40.

V. LEGISLATIVE BODIES

Rule No. 40. Standing Committees.

1. Except as otherwise provided in subsection 2, the standing committees of the Senate and their respective jurisdiction for the reference of bills and resolutions are as follows:

(a) Commerce and Labor, seven members, with jurisdiction over measures affecting primarily titles 52-57, and chapters 118B, 461, 461A, 489, ~~[703-704A]~~ 701-704B and 707-712 of NRS, except measures affecting primarily state and local revenue.

(b) Finance, seven members, with jurisdiction over measures primarily affecting chapters 286 and 387 of NRS, appropriations, operating and capital budgets, state and federal budget issues and bonding, except measures affecting primarily state and local revenue, and over any measures carrying or requiring appropriations and favorably reported by any other committee unless such reference is dispensed with by a two-thirds vote of the Senate.

(c) Government Affairs, seven members, with jurisdiction over measures affecting primarily the districts from which members of the Legislature are elected, and titles 18-22, 24, 25, 27-31 and 36 and chapters 281-285, 287-289, 407 and 720 of NRS, except measures affecting primarily state and local revenue, state and federal budget issues, the Tahoe Regional Planning Compact and the Nevada Tahoe Regional Planning Agency.

(d) Human Resources and Facilities, seven members, with jurisdiction over measures primarily affecting titles 33, 37-39 and 42 and chapters 385, 386, 388-399, 439-444, 446-458, 459A, 460 and 583-585 of NRS, except measures affecting primarily state and local revenue.

(e) Judiciary, seven members, with jurisdiction over measures affecting primarily titles 1-9, 11-16, and 41 and chapters 111-118A , ~~[and]~~ 119-120A and 719 of NRS, except measures affecting primarily state and local revenue.

(f) Legislative Affairs and Operations, seven members, with jurisdiction over measures affecting primarily title 17 of NRS, except the districts from which members of the Legislature are elected, and the operation of the legislative session, except measures affecting primarily state and local revenue.

(g) Natural Resources, seven members, with jurisdiction over measures primarily affecting titles 26 and 45-50 and chapters 444A-445C, 459, 488, 581, 582 and 586-590 of NRS, the Colorado River Commission ~~[,]~~ of Nevada, the Tahoe Regional Planning Compact and the Nevada Tahoe Regional Planning Agency, except measures affecting primarily state and local revenue.

(h) Taxation, seven members, with jurisdiction over measures affecting primarily title 32 of NRS and state and local revenue.

(i) Transportation, seven members, with jurisdiction over measures affecting primarily title 44 and chapters 403-405, 408, 410, ~~[481]~~ 480-487, 705 and 706 of NRS, except measures affecting primarily state and local revenue.

2. The Chairman of the Standing Committee on Finance may assign any portion of a proposed executive budget to any of the other standing committees of the Senate for review. Upon receiving such an assignment the standing committee shall complete its review expeditiously and report its findings and any recommendations to the Standing Committee on Finance for its independent evaluation.

Rule No. 41. Reserved.

Rule No. 42. Committee Expenses.

No committee shall employ assistance or incur any expense, except by permission of the Senate previously obtained.

Rule No. 43. Duties of Committees.

The several committees shall fully consider all measures referred to them and report thereon. They shall acquaint themselves with the interests of the State specially represented by the committee, and from time to time present such bills and reports as in their judgment will advance the interests and promote the welfare of the people of the State, and shall fully consider and report their opinion upon any matter committed or referred to them by the Senate.

Rule No. 44. Committee on Legislative Affairs and Operations.

The Committee on Legislative Affairs and Operations shall recommend by resolution the appointment of all attachés and employees of the Senate not otherwise provided for by law. It may suspend any attaché or employee for incompetency or dereliction of duty, pending final action by the Senate. It shall hear complaints on alleged breaches of ethics and conflicts of interest, brought by Legislators and others, and it may advise Legislators on questions of breaches of ethics and conflicts of interests. All proceedings by the Committee on matters of ethics or conflicts of interest are open to the public unless otherwise authorized to be closed to the public by Section 15 of Article 4 of the Constitution of the State of Nevada.

Rule No. 45. Reserved.

Rule No. 46. Forming Committee of the Whole.

In forming the Committee of the Whole, the Senator who has so moved shall name a Chairman to preside, and all bills considered shall be read by sections, and the Chairman shall call for amendments at the conclusion of the reading of each section. All amendments proposed by the Committee shall be reported by the Chairman to the Senate.

Rule No. 47. Rules Applicable to Committee of the Whole.

The Rules of the Senate shall apply to proceedings in Committee of the Whole, except that the previous question shall not be ordered, nor the ayes and noes demanded, but the Committee may limit the number of times that any member may speak, at any stage of proceedings, during its sitting. Messages may be received by the President while the Committee is sitting; in which case the President will resume the chair, receive the message, and vacate the chair in favor of the Chairman of the Committee.

Rule No. 48. Motion to Rise Committee of the Whole.

A motion that the Committee rise shall always be in order, and shall be decided without debate.

Rule No. 49. Reference to Committee.

When a motion is made to refer any subject, and different committees are proposed, the subject may be referred to the committee with jurisdiction over the subject as set forth in Senate Standing Rule No. 40, or to a different committee, upon a majority vote of the Senate.

Rule No. 50. Return From Committee.

1. Any bill or other matter referred to a committee of the Senate must not be withdrawn or ordered taken from the committee for consideration by the Senate, recommitment, or for any other reason without a two-thirds vote of the Senate, and at least one day’s notice of the motion therefor.

2. No such motion is in order:

(a) If the bill to be withdrawn or ordered taken from the committee may no longer be considered by the Senate; or

(b) On the last day of the session, or on the day preceding the last day of the session.

3. This rule does not take from any committee the rights and duties of committees provided for in Senate Standing Rule No. 43.

Rule No. 51. Reserved.

Rule No. 52. Reserved.

Rule No. 53. Committee Rules.

1. The rules of the Senate, as far as applicable, are the rules of committees of the Senate. Procedure in committees, where not otherwise provided in this rule, must follow the procedure of the Senate. For matters not included in the rules of the Senate or these rules, Mason’s Manual of Legislative Procedure must be followed.

2. A majority of any committee constitutes a quorum for the transaction of business.

3. A meeting of a committee may not be opened without a quorum present.

4. In addition to regularly scheduled meetings or those called by the chairman, meetings may be set by a written petition of a majority of a committee and filed with the chairman of a committee.

5. A bill may be passed from a committee only by a majority of the committee membership. A simple majority of those present and voting is sufficient to adopt committee amendments.

6. Subcommittees may be appointed by committee chairmen to consider subjects specified by the committee and shall report back to the committee.

7. A committee shall act only when together, and all votes must be taken in the presence of the committee. A member shall not be recorded as voting unless he was actually present in the committee at the time of the vote. The chairman shall vote on all final actions on bills or resolutions. The provisions of this subsection do not prohibit the prefiling of legislative bills and resolutions on behalf of a committee in the manner prescribed by the Legislative Commission.

8. All committee and subcommittee meetings are open to the public, except as otherwise provided in Senate Standing Rule No. 13.

9. Before reporting a bill or resolution to the Senate, a committee may reconsider its action. A motion to reconsider must be made by a member who voted with the prevailing side.

10. Committee chairmen shall determine the agenda of each meeting except that committee members may request an item for the agenda by communicating with the chairman at least 4 days before the meeting. A majority of a committee may, by vote, add an item to the agenda of the next regularly scheduled meeting.

11. Secretaries to committees shall give notices of hearings on bills to anyone requesting notices of particular bills.

12. All committees shall keep minutes of meetings. The minutes must cover members present and absent, subjects under discussion, witnesses who appear, committee members’ statements concerning legislative intent, action taken by the committee, as well as the vote of individual members on all matters on which a vote is taken. Any member may submit to the secretary additional remarks to be included in the minutes and records of committee meetings. At the conclusion of the legislative session, the Secretary of the Senate shall deliver all minutes and records of committee meetings in her possession to the Director of the Legislative Counsel Bureau.

13. In addition to the minutes, the committee secretary shall maintain a record of all bills, including:

(a) Date bill referred;

(b) Date bill received;

(d) Date or dates bill heard and voted upon; and

(e) Date report prepared.

14. Each committee secretary shall file the minutes of each meeting with the Secretary of the Senate as soon as practicable after the meeting.

15. All committee minutes are open to public inspection upon request and during normal business hours.

Rule No. 54. Review of State Agency Programs.

In addition to or concurrent with committee action taken on specific bills and resolutions during a regular session of the Legislature, each standing committee of the Senate is encouraged to plan and conduct a general review of selected programs of state agencies or other areas of public interest within the committee’s jurisdiction.

The next rule is 60.

VI. RULES GOVERNING MOTIONS

A. Motions Generally

Rule No. 60. Entertaining.

1. No motion may be debated until it is announced by the President.

2. By consent of the Senate, a motion may be withdrawn before amendment or decision.

Rule No. 61. Precedence of Motions.

When a question is under debate no motion shall be received but the following, which shall have precedence in the order named:

1. To adjourn.

2. For a call of the Senate.

3. To lay on the table.

4. For the previous question.

5. To postpone to a day certain.

6. To commit.

7. To amend.

8. To postpone indefinitely.

The first four shall be decided without debate.

Rule No. 62. When Not Entertained.

1. When a motion to commit, to postpone to a day certain, or to postpone indefinitely has been decided, it must not be again entertained on the same day.

2. When a question has been postponed indefinitely, it must not again be introduced during the session unless this rule is suspended by a two-thirds vote.

3. There must be no reconsideration of a vote on a motion to postpone indefinitely.

B. Particular Motions

Rule No. 63. To Adjourn.

A motion to adjourn shall always be in order. The name of the Senator moving to adjourn, and the time when the motion was made, shall be entered in the Journal.

Rule No. 64. Lay on the Table.

A motion to lay on or take from the table shall be carried by a majority vote.

Rule No. 65. Reserved.

Rule No. 66. To Strike Enacting Clause.

A motion to strike out the enacting clause of a bill or resolution has precedence over a motion to commit or amend. If a motion to strike out the enacting clause of a bill or resolution is carried, the bill or resolution is rejected.

Rule No. 67. Division of Question.

1. Any Senator may call for a division of a question.

2. A question must be divided if it embraces subjects so distinct that if one subject is taken away, a substantive proposition remains for the decision of the Senate.

3. A motion to strike out and insert must not be divided.

Rule No. 68. To Reconsider—Precedence of.

1. A motion to reconsider has precedence over every other motion, except a motion to adjourn. When the Senate adjourns while a motion to reconsider is pending, or before passing the order of Motions and Resolutions, the right to move for reconsideration continues to the next day of sitting.

2. No notice of reconsideration of any final vote is in order on the day preceding the last day of the session.

Rule No. 69. Explanation of Motion.

Whenever a Senator moves to change the usual disposition of a bill or resolution, he shall describe the subject of the bill or resolution and state the reasons for his requesting the change in the processing of the bill or resolution.

The next rule is 80.

VII. DEBATE

Rule No. 80. Speaking on Question.

1. Every Senator who speaks shall, standing in his place, address “Mr. or Madam President,” in a courteous manner, and shall confine himself to the question before the Senate. When he has finished, he shall sit down.

2. No Senator may speak:

(a) More than twice during the consideration of any one question on the same day, except for explanation.

(b) A second time without leave when others who have not spoken desire the floor.

3. Incidental and subsidiary questions arising during debate shall not be considered the same question.

Rule No. 81. Previous Question.

The previous question shall not be put unless demanded by three Senators, and it shall be in this form: “Shall the main question be now put?” When sustained by a majority of Senators present it shall put an end to all debate and bring the Senate to a vote on the question or questions before it, and all incidental questions arising after the motion was made shall be decided without debate. A person who is speaking on a question shall not while he has the floor move to put that question.

The next rule is 90.

VIII. CONDUCT OF BUSINESS

A. Generally

Rule No. 90. Mason’s Manual.

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

Rule No. 91. Suspension of Rule.

No standing rule or order of the Senate shall be rescinded or changed without a vote of two‑thirds of the Senate and one day’s notice of the motion therefor; but a rule or order may be temporarily suspended for a special purpose by a vote of two-thirds of the members present. When the suspension of a rule is called for, and after due notice from the President no objection is offered, he can announce the rule suspended and the Senate may proceed accordingly; but this shall not apply to that portion of Senate Standing Rule No. 109 relating to the third reading of bills, which cannot be suspended; and further, this rule shall not apply to the suspension of Senate Standing Rule No. 50.

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

Adequate notice shall be provided to the Legislators and the public by posting information relative to the bills, topics and public hearings which are to come before committees. Notices shall include the date, time, place and agenda, and shall be posted conspicuously in the legislative building, shall appear in the daily history, and shall be made available to the news media.

This requirement of notice may be suspended for an emergency by the affirmative vote of two-thirds of the committee members appointed.

Rule No. 93. Protest.

Any Senator, or Senators, may protest against the action of the Senate upon any question, and have such protest entered in the Journal.

Rule No. 94. Privilege of the Floor.

1. To preserve decorum and facilitate the business of the Senate, only the following persons may be present on the floor of the Senate during formal sessions:

(a) State officers;

(b) Officers and members of the Senate;

(d) Attachés and employees of the Senate; and

(e) Members of the Assembly whose presence is required for the transaction of business.

2. Guests of Senators must be seated in a section of the upper or lower gallery of the Senate Chamber to be specially designated by the Sergeant at Arms. The Majority Leader may specify special occasions when guests may be seated on the floor of the Senate with a Senator.

3. A majority of Senators may authorize the President to have the Senate Chamber cleared of all persons except Senators and officers of the Senate.

4. The Senate Chamber may not be used for any business other than legislative business during a legislative session.

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

1. Only the Sergeant at Arms and officers and employees of the Senate may place papers, letters, notes, pamphlets and other written material upon a Senator’s desk. Such material must contain the name of the Legislator requesting the placement of the material on the desk or a designation of the origin of the material.

2. This rule does not apply to books containing the legislative bills and resolutions, the daily histories and daily journals of the Senate or Assembly, or Legislative Counsel Bureau material.

Rule No. 96. Reserved.

Rule No. 97. Petitions and Memorials.

The contents of any petition or memorial shall be briefly stated by the President or any Senator presenting it. It shall then lie on the table or be referred, as the President or Senate may direct.

Rule No. 98. Reserved.

Rule No. 99. Reserved.

Rule No. 100. Reserved.

Rule No. 101. Reserved.

Rule No. 102. Objection to Reading of Paper.

Where the reading of any paper is called for, and is objected to by any Senator, it shall be determined by a vote of the Senate, and without debate.

Rule No. 103. Questions Relating to Priority of Business.

All questions relating to the priority of business shall be decided without debate.

B. Bills

Rule No. 104. Reserved.

Rule No. 105. Reserved.

Rule No. 106. Skeleton Bills.

Skeleton bills may be introduced after the beginning of a session when, in the opinion of the sponsor and the Legislative Counsel, the full drafting of the bill would entail extensive research or be of considerable length. A skeleton bill will be a presentation of ideas or statements of purpose, sufficient in style and expression to enable the Legislature and the committee to which the bill may be referred to consider the substantive merits of the legislation proposed.

Rule No. 107. Information Concerning Bills.

1. Bills introduced may be accompanied by information relative to witnesses and selected persons of departments and agencies who should be considered for committee hearings on the proposed legislation. At the time of introduction of a bill, a list may be given to the Secretary of witnesses who are proponents of the measure together with their addresses and telephone numbers. This information may be provided by:

(a) The Senator introducing the bill;

(b) The person requesting a committee introduction of the bill; or

2. The Secretary shall deliver this information to the chairman of the committee to which the bill is referred. Members of the committee may suggest additional names for witnesses.

3. The Legislator may provide an analysis which may describe the intent, purpose, justification and effects of the bill, or any of them.

Rule No. 108. Reserved.

Rule No. 109. Reading of Bills.

1. Every bill must receive three readings before its passage, unless, in case of emergency, this rule is suspended by a two-thirds vote.

2. The first reading of a bill is for information, and if there is opposition to the bill, the question must be, “Shall this bill be rejected?” If there is no opposition to the bill, or if the question to reject is defeated, the bill must then take the usual course.

3. No bill may be committed until once read, nor amended until twice read.

4. The third reading of every bill must be by sections.

Rule No. 110. Second Reading File—Consent Calendar.

1. All bills or joint resolutions reported by committee must be placed on a Second Reading File unless recommended for placement on the Consent Calendar.

2. A committee shall not recommend a bill or joint resolution for placement on the Consent Calendar if:

(a) An amendment of the bill or joint resolution is recommended;

(b) It contains an appropriation;

(d) It is controversial in nature.

3. A bill or joint resolution recommended for placement on the Consent Calendar must be included in the Daily File listed in the Daily History of the Senate at least 1 calendar day before it may be considered.

4. A bill or joint resolution must be removed from the Consent Calendar at the request of any Senator. A bill or joint resolution so removed must be immediately placed on the Second Reading File for consideration in the usual order of business.

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

Rule No. 111. Printing.

~~[Eleven hundred]~~ An appropriate number of copies of all bills and resolutions of general interest must be printed for the use of the Senate and Assembly. Such other matter must be printed as may be ordered by the Senate.

Rule No. 112. Reserved.

Rule No. 113. Reading of Bills—General File.

1. Upon reading of bills on the Second Reading File, Senate and Assembly bills reported without amendments must be ~~[placed on]~~ ordered to the General File. Committee amendments reported with bills must be considered upon their second reading and such amendments may be adopted by a majority vote of the members present. Bills so amended must be reprinted, engrossed or reengrossed, and ~~[placed on]~~ ordered to the General File. The File must be posted in the Senate Chamber and made available to members of the public each day by the Secretary.

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

3. ~~[Unless otherwise ordered by the Senate, eleven hundred]~~ An appropriate number of copies of all amended bills must be printed.

Rule No. 114. Commitment of Bill With Special Instructions.

A bill may be committed with special instructions to amend at any time before taking the final vote.

Rule No. 115. Reconsideration of Vote on Bill.

1. On the day after the final vote on any bill, the vote may be reconsidered on motion of any member if notice of intention to move for reconsideration was given on the day the final vote was taken by a Senator who voted on the prevailing side. No motion to reconsider is in order on the day the final vote was taken, except by unanimous consent.

2. Motions to reconsider a vote upon amendments to any pending question may be made and decided at once.

Rule No. 116. Reserved.

Rule No. 117. Different Subject Not Admitted as Amendment.

No subject different from that under consideration shall be admitted as an amendment; and no bill or resolution shall be amended by incorporating any irrelevant subject matter or by association or annexing any other bill or resolution pending in the Senate, but a substitute may be offered at any time so long as the original is open to amendment.

C. Resolutions

Rule No. 118. Treated as Bills.

Resolutions addressed to Congress, or to either House thereof, or to the President of the United States, or the heads of any of the national departments, or proposing amendments to the State Constitution are subject, in all respects, to the foregoing rules governing the course of bills. A joint resolution proposing an amendment to the Constitution shall be entered in the Journal in its entirety.

Rule No. 119. Treated as Motions.

Resolutions, other than those referred to in Senate Standing Rule No. 118, shall be treated as motions in all proceedings of the Senate.

Rule No. 120. Order of Business.

1. Roll Call.

2. Prayer and Pledge of allegiance to the Flag.

3. Reading and Approval of the Journal.

4. Reports of Committees.

5. Messages from the Governor.

6. Messages from the Assembly.

7. Communications.

8. Waivers and Exemptions.

9. Motions, Resolutions and Notices.

10. Introduction, First Reading and Reference.

11. Consent Calendar.

12. Second Reading and Amendment.

13. General File and Third Reading.

14. Unfinished Business.

15. Special Orders of the Day.

16. Remarks from the Floor; Introduction of Guests. A Senator may speak under this order of business for a period of not more than 10 minutes.

Rule No. 121. Privilege.

Any Senator may rise and explain a matter personal to himself by leave of the President, but he shall not discuss any pending question in such explanation.

Rule No. 122. Reserved.

Rule No. 123. Reserved.

Rule No. 124. Preference to Speak.

When two or more Senators rise at the same time the President shall name the one who may first speak—giving preference, when practicable, to the mover or introducer of the subject under consideration.

Rule No. 125. Special Order.

The President shall call the Senate to order on the arrival of the time fixed for the consideration of a special order, and announce that the special order is before the Senate, which shall be considered, unless it be postponed by a two-thirds vote, and any business before the Senate at the time of the announcement of the special order shall go to Unfinished Business.

Rule No. 126. Reserved.

Rule No. 127. Reserved.

Rule No. 128. Reserved.

Rule No. 129. Reserved.

D. Contests of Elections

Rule No. 130. Procedure.

1. The Senate shall not dismiss a statement of contest for want of form if any ground of contest is alleged with sufficient certainty to inform the defendant of the charges he is required to meet. The following grounds are sufficient, but are not exclusive:

(a) That the election board or any member thereof was guilty of malfeasance.

(b) That a person who has been declared elected to an office was not at the time of election eligible to that office.

(c) That illegal votes were cast and counted for the defendant, which, if taken from him, will reduce the number of his legal votes below the number necessary to elect him.

(d) That the election board, in conducting the election or in canvassing the returns, made errors sufficient to change the result of the election as to any person who has been declared elected.

(e) That the defendant has given, or offered to give, to any person a bribe for the purpose of procuring his election.

(f) That there was a possible malfunction of any voting or counting device.

2. The contest must be submitted so far as may be possible upon depositions or by written or oral arguments as the Senate may order. Any party to a contest may take the deposition of any witness at any time after the statement of contest is filed with the Secretary of State and before the contest is finally decided. At least 5 days’ notice must be given to the prospective deponent and to the other party. If oral statements are made at any hearing before the Senate or a committee thereof which purport to establish matters of fact, they must be made under oath. Strict rules of evidence do not apply.

3. The contestant has the burden of proving that any irregularities shown were of such nature as to establish the probability that the result of the election was changed thereby. After consideration of all the evidence, the Senate shall declare the defendant elected unless the Senate finds from the evidence that a person other than the defendant received the greatest number of legal votes, in which case the Senate shall declare that person elected.

The next rule is 140.

IX. LEGISLATIVE INVESTIGATIONS

Rule No. 140. Compensation of Witnesses.

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

Senator Raggio moved the adoption of the resolution.

Remarks by Senators Raggio and Neal.

Resolution adopted unanimously.

INTRODUCTION, FIRST READING AND REFERENCE

By Senators Raggio and Titus:

Senate Bill No. 1—AN ACT making an appropriation to the Legislative Fund; and providing other matters properly relating thereto.

Senator Raggio moved that all rules be suspended, reading so far had considered first reading, rules further suspended, Senate Bill No. 1 declared an emergency measure under the Constitution and placed on third reading and final passage.

Senator Raggio requested that his remarks be entered in the Journal.

Thank you, Madam President. This is the traditional bill that is introduced as Senate Bill No. 1 at the beginning of each session of the Legislature. This bill provides the appropriation of $10 million for the operation of the Legislature during this session.

Motion carried unanimously.

MESSAGES FROM THE ASSEMBLY

Assembly Chamber, Carson City, February 3, 2003

To the Honorable the Senate:

I have the honor to inform your honorable body that the Assembly on this day adopted Assembly Concurrent Resolution No. 1.

Diane Keetch

Assistant Chief Clerk of the Assembly

COMMUNICATIONS FROM STATE OFFICERS

Messages From The Secretary Of State

State Of Nevada

Carson City, Nevada 89701 January 29, 2003

Claire Jesse Clift, Secretary of the Senate, 401 S. Carson Street, Carson City,

Nevada 89701-4747

Dear Mrs. Clift:

This letter is in acknowledgement of the transfer of Senate Joint Resolution No. 1 of the 17th Special Session (SJR1) pursuant to NRS 218.390(2). SJR1 is from the 17th Special Legislative Session and was assigned file number 8. Pursuant to your request, this joint resolution’s engrossed and enrolled originals were transferred from the Elections Division to your office on Wednesday, December 4, 2002.

In addition, this is also a transmittal letter for Senate Bills Nos. 56 (of the 71st Session) and 536 (of the 71st Session), which were vetoed by the Governor in the 71st Legislative Session. The enclosed, engrossed and enrolled copies of Senate Bill No. 56 (of the 71st Session) and Senate Bill No. 536 (of the 71st Session) are being transferred to the 72nd Legislative Session pursuant to NRS 218.430(2).

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

To The Honorable 2003 Legislature of the State of Nevada, Carson City, Nevada

Ladies and Gentlemen of the Senate:

Pursuant to the provisions of sections 2 and 3 of article XIX of the Constitution of the State of Nevada, and the statutes enacted under the authority thereof, I have the honor to present to you with this letter that certain Initiative Petition entitled: “Keep Our Doctors in Nevada.” This Initiative Petition proposes an “Act relating to Medical Malpractice; limiting attorney’s fees in actions against providers of health care; eliminating the exceptions pertaining to noneconomic damages; making changes concerning the payment of damages; revising the statute of limitations for the filing of actions eliminating joint and several liability; making various other changes concerning such actions eliminating joint and several liability; making various other changes concerning such actions and providing for other matters properly relating thereto.”

The petition was filed within the constitutional and statutory period of time prior to the convening of the 2003 Session of the Nevada Legislature, for presentation thereto as required by the Constitution and applicable statues enacted under the authority thereof.

The number of registered voters verified was 77,125. The number of signatures required was 61,336. In addition, over 10 percent of the signatures required in the requisite number of counties were verified. Accordingly, the Initiative Petition was declared sufficient by this office on December 2, 2002.

The copy transmitted to you on this date is a symbolic copy. The original petition is contained in 10 boxes and will be retained on file in the Secretary of State’s office and is, accordingly, public record and available for your review at anytime.

Respectfully,

Dean Heller

Secretary of State

Carson City, Nevada

Consolidated Municipality and State Capital

201 N. Carson Street, Suite #2

Carson City, NV 89701

January 27, 2003

Dear Majority Leader Raggio and Members of the Senate:

It gives me great pleasure to join with the citizens of Carson City to extend to you and all of the members of the Nevada State Legislature our official greetings and warm welcome as we prepare for the start of the 2003 Legislative Session.

Our community, like so many areas of Nevada, is rich in history and famous for its colorful past. However, Carson City is unique. No other community in our State can boast the prestigious title of “Capital City.” This is a designation of which we are very proud. Whether you are a first time visitor or a veteran who has first-hand knowledge of Carson City’s distinctive qualities, we hope our “down-home, Nevada-style” hospitality will amaze and delight you.

We would like to invite you to attend a “welcome” reception on February 4, 2003, between 5:00-6:30 p.m. to be held at City Hall, 201 North Carson Street. I want to assure you we are planning a relatively low key and casual event. Our objectives are to say hello and welcome you to Carson City, provide an opportunity to introduce you to other elected officials and city staff and provide several displays which show our pride in a number of our recent projects. We are easy to find as we are located next to and just north of the Capitol and its silver dome which can be seen for miles, representative of government for the citizens of the Great State of Nevada.

Again, it is our pleasure to have you in our community, and we look forward to seeing you on February 4. If there is any way we may be of assistance to you, please do not hesitate to call on me or any member of our city’s staff. Best wishes for a successful session, and thank you for allowing us to be your host these next four months.

Sincerely,

Ray Masayko

Mayor

MOTIONS, RESOLUTIONS AND NOTICES

Senator Raggio moved that vetoed Senate Bills Nos. 56 and 536 of the 71st session be made a Special Order of Business for Monday, February 10, 2003 at 11:15 a.m.

Remarks by Senator Raggio.

Motion carried.

By the Committee on Taxation:

Senate Joint Resolution No. 1 of the 17th Special Session—Proposing to amend the Constitution of the State of Nevada to provide requirements for the enactment of property and sales tax exemptions.

Resolved by the Senate and Assembly of the State of Nevada, JOINTLY, That a new section, designated section 6, be added to article 10 of the Constitution of the State of Nevada to read as follows:

Sec. 6. 1. The Legislature shall not enact an exemption from any ad valorem tax on property or excise tax on the sale, storage, use or consumption of tangible personal property sold at retail unless the Legislature:

(a) Determines that the exemption will achieve a bona fide social or economic purpose;

(b) Restricts the eligibility for the exemption solely to the intended beneficiaries of the exemption;

(c) Determines that the exemption will not have a material adverse effect on the finances of the state or any local government that would otherwise receive revenue from the tax from which the exemption would be granted;

(d) Determines that the exemption will not impair adversely the ability of the state or a unit of government to pay, when due, all interest and principal on any outstanding bonds or any other obligations for which revenue from the tax from which the exemption would be granted was pledged; or

(e) Ensures that the requirements for claiming the exemption are as similar as practicable for similar classes of taxpayers.

2. The Legislature shall review any exemption from any tax on property or on the sale, storage, use or consumption of tangible personal property sold at retail at least once every 6 years to determine whether the purpose of the exemption is still valid and that the exemption is being used effectively

Senator McGinness moved that the resolution be referred to the Senate Committee on Taxation.

Remarks by Senator McGinness.

Motion carried.

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.

Senator Raggio moved the adoption of the resolution.

Remarks by Senators Raggio and Neal.

Senator Raggio requested that his remarks be entered in the Journal.

Assembly Concurrent Resolution No. 1 provides for the adoption of the Joint Rules for the 72nd Session of the Nevada Legislature. The resolution re-enacts the rules from the 71st Session with the following five proposed amendments.

Rules Nos. 13 through 13.6 have been deleted. They were the rules used last session to facilitate reapportionment and redistricting.

Rule No. 14.3 shows the adjustments to the 120-day legislative calendar that were approved by the Committee to Consult with the Legislative Counsel and by the Legislative Commission. The four deadlines for Committee Action and Floor Passage in both Houses have been shortened by 3 days each. This results in additional time for the conference committees to do their work.

Rule No. 14.6 is amended at the Legislative Counsel’s request to clarify which exempt bills must be listed in the back of the weekly BDR List published by the Legislative Counsel. The listed bills will be the bills determined to be exempt by the Fiscal Division after the bills have already been printed. This change will operate to allow the omission of bills that already have “EXEMPT” printed on the face of the bill and those that are exempt because they were returned from enrollment or are required to carry out the business of the Legislature.

Rule No. 16 relates to the delivery of BDRs that have been requested by state agencies and local governments and is amended at the Legislative Counsel’s request. Currently, the Legislative Counsel is required to deliver those BDRs to the appropriate legislative committees on the first day of session. This amendment will allow two additional days for this task to be performed.

Resolution adopted.

Resolution ordered transmitted to the Assembly.

MESSAGES FROM THE GOVERNOR

State of Nevada

Executive Chamber

Carson City, Nevada 89701

January 30, 2003

The Honorable Senator William J. Raggio

The Honorable Assemblyman Richard D. Perkins, Nevada Legislature,

Legislative Building, 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 Chamber in Carson City.

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

Respectfully,

Kenny C. Guinn

Governor of Nevada

MOTIONS, RESOLUTIONS AND NOTICES

Senator Raggio moved that in accordance with the provisions of Article 5, Section 10 of the Nevada Constitution, that Governor Guinn’s State of the State Address to the Nevada Legislature, as presented to the special committee to receive the Governor’s State of the State Address on January 20, 2003, be entered in the Senate Journal for this legislative day.

Motion carried.

State of the State Address to the Nevada Legislature

Mr. Speaker, Madam Lieutenant Governor, Members of the Senate and Assembly, Honorable Justices of the Supreme Court, 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 11which 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 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 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 do not 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 work force fuels the businesses that drive our economy. However, a more prosperous Nevada and a better educational system requires 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 0.25 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 is not 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 under funding 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 percent 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 two and one-half 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 200-300 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 non-violent 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 the 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.

INTRODUCTION, FIRST READING AND REFERENCE

By Senator Schneider:

Senate Bill No. 2—AN ACT relating to public education; making an appropriation to the State Distributive School Account to ensure that the amount of money expended per pupil in this state meets or exceeds the national average; and providing other matters properly relating thereto.

Senator Rawson moved that the bill be referred to the Committee on Finance.

Motion carried.

By Senator Rhoads:

Senate Bill No. 3—AN ACT relating to gaming; reserving a portion of certain gaming license fees collected from persons licensed to conduct off-track pari-mutuel wagering to augment purses for horse racing in certain counties; and providing other matters properly relating thereto.

Senator Rawson moved that the bill be referred to the Committee on Judiciary.

Motion carried.

By Senator Rhoads:

Senate Bill No. 4—AN ACT relating to energy; eliminating the universal energy charge to fund low-income energy assistance and conservation; eliminating the provisions requiring certain retail customers to pay the universal energy charge; eliminating requirements upon certain public utilities and municipal utilities relating to the universal energy charge; eliminating the Fund for Energy Assistance and Conservation; and providing other matters properly relating thereto.

Senator Rawson moved that the bill be referred to the Committee on Commerce and Labor.

Motion carried.

By the Committee on Legislative Affairs and Operations:

Senate Bill No. 5—AN ACT making an appropriation to the Legislative Fund for use by the Legislative Committee on Public Lands in awarding grants or expending money for certain projects relating to public lands; and providing other matters properly relating thereto.

Senator Rawson moved that the bill be referred to the Committee on Finance.

Motion carried.

By Senator Rawson:

Senate Bill No. 6—AN ACT relating to emergency management; abolishing the Division of Emergency Management of the Department of Public Safety; creating an Office of Emergency Management in the Office of the Governor for the administration and enforcement of provisions relating to the management of emergencies in this state; creating the position of Director of the Office of Emergency Management; and providing other matters properly relating thereto.

Senator Rawson moved that the bill be referred to the Committee on Government Affairs.

Motion carried.

By Senator Wiener:

Senate Bill No. 7—AN ACT relating to telecommunications; repealing various obsolete provisions relating to telegraphs; revising certain provisions governing telephones; and providing other matters properly relating thereto.

Senator Rawson moved that the bill be referred to the Committee on Commerce and Labor.

Motion carried.

By the Committee on Commerce and Labor:

Senate Bill No. 8—AN ACT relating to occupational safety; clarifying the scope of certain punishable conduct by an employer that leads to the death of an employee; increasing the penalty for certain punishable conduct by an employer that leads to the death of an employee; and providing other matters properly relating thereto.

Senator Rawson moved that the bill be referred to the Committee on Commerce and Labor.

Motion carried.

By the Committee on Commerce and Labor:

Senate Bill No. 9—AN ACT relating to industrial insurance; providing that certain rights and remedies under industrial insurance are not exclusive for an employee whose injury is caused by the willful misconduct of his employer under certain circumstances; and providing other matters properly relating thereto.

Senator Rawson moved that the bill be referred to the Committee on Commerce and Labor.

Motion carried.

By the Committee on Commerce and Labor:

Senate Bill No. 10—AN ACT relating to telephonic devices; prohibiting certain agencies, boards, commissions or political subdivisions from regulating the use of a telephonic device by a person who is operating a motor vehicle; and providing other matters properly relating thereto.

Senator Rawson moved that the bill be referred to the Committee on Commerce and Labor.

Motion carried.

By the Committee on Commerce and Labor:

Senate Bill No. 11—AN ACT relating to insurance; revising provisions governing extraordinary dividends or distributions of certain insurers; and providing other matters properly relating thereto.

Senator Rawson moved that the bill be referred to the Committee on Commerce and Labor.

Motion carried.

By the Committee on Commerce and Labor:

Senate Bill No. 12—AN ACT relating to insurance; revising the provisions governing the filing and approval of rates of insurers in a competitive market; authorizing certain insurers in a competitive market to change rates under certain circumstances without prior review by the Commissioner of Insurance; requiring the Commissioner to review and approve certain rates before the rates become effective; providing for the issuance by the Commissioner of orders to discontinue a rate; and providing other matters properly relating thereto.

Senator Rawson moved that the bill be referred to the Committee on Commerce and Labor.

Motion carried.

By Senator McGinness:

Senate Bill No. 13—AN ACT relating to property; revising the provision requiring a landlord to disclose an emergency telephone number to a tenant at or before the commencement of a tenancy; and providing other matters properly relating thereto.

Senator Rawson moved that the bill be referred to the Committee on Judiciary.

Motion carried.

By Senator McGinness:

Senate Bill No. 14—AN ACT relating to food establishments; clarifying the exemption of religious, charitable and other nonprofit organizations from regulation as food establishments; and providing other matters properly relating thereto.

Senator Rawson moved that the bill be referred to the Committee on Human Resources and Facilities.

Motion carried.

By Senator McGinness:

Senate Bill No. 15—AN ACT relating to motor vehicles; providing for the issuance of special license plates for the support of wildlife in Nevada, including support for the programs and activities of the Nevada Wildlife Record Book Committee or its successor; imposing a fee for the issuance or renewal of such license plates; and providing other matters properly relating thereto.

Senator Rawson moved that the bill be referred to the Committee on Transportation.

Motion carried.

By Senator Care:

Senate Bill No. 16—AN ACT relating to public bodies; clarifying the effect of an abstention from voting by a member of certain public bodies on the necessary quorum and number of votes necessary to take action on matters; and providing other matters properly relating thereto.

Senator Rawson moved that the bill be referred to the Committee on Government Affairs.

Motion carried.

By Senators Wiener, Titus, Amodei, Care, McGinness and Nolan:

Senate Bill No. 17—AN ACT relating to crimes; providing a penalty for a person who leaves a child 7 years of age or younger unsupervised in a motor vehicle under certain circumstances; and providing other matters properly relating thereto.

Senator Rawson moved that the bill be referred to the Committee on Judiciary.

Motion carried.

By Senator Schneider:

Senate Bill No. 18—AN ACT relating to air pollution; requiring the Department of Motor Vehicles to establish by regulation procedures for inspecting certain stations involved in the control of emissions from engines; and providing other matters properly relating thereto.

Senator Rawson moved that the bill be referred to the Committee on Natural Resources.

Motion carried.

By the Committee on Government Affairs:

Senate Bill No. 19—AN ACT relating to public works; providing for an expedited process by which the State or local government solicits bids and awards contracts for certain smaller public works projects to properly licensed contractors or completes such projects itself; providing that such an expedited process does not relieve the State or a local government from duties relating to the qualification of bidders and the awarding of a contract to the contractor who submits the best bid; and providing other matters properly relating thereto.

Senator Rawson moved that the bill be referred to the Committee on Government Affairs.

Motion carried.

By Senator Neal:

Senate Bill No. 20—AN ACT relating to racial profiling; providing that a peace officer who engages in racial profiling is guilty of a misdemeanor; providing a penalty; and providing other matters properly relating thereto.

Senator Rawson moved that the bill be referred to the Committee on Government Affairs.

Motion carried.

By Senator Neal:

Senate Bill No. 21—AN ACT relating to gaming; increasing the monthly fee for a state gaming license; and providing other matters properly relating thereto.

Senator Rawson moved that the bill be referred to the Committee on Judiciary.

Motion carried.

By Senator Neal:

Senate Bill No. 22—AN ACT relating to employment; reducing the minimum number of employees that an employer must have to be subject to the provisions prohibiting unlawful employment practices; and providing other matters properly relating thereto.

Senator Rawson moved that the bill be referred to the Committee on Commerce and Labor.

Motion carried.

By Senator Neal:

Senate Bill No. 23—AN ACT relating to health care; requiring a health maintenance organization or managed care organization to establish a procedure for the independent review of certain final adverse determinations relating to the health care of an insured; requiring the Commissioner of Insurance to prepare and maintain a list of physicians to conduct independent reviews of certain final adverse determinations of health maintenance organizations and managed care organizations; and providing other matters properly relating thereto.

Senator Rawson moved that the bill be referred to the Committee on Commerce and Labor.

Motion carried.

By Senator Neal:

Senate Bill No. 24—AN ACT relating to health care records; requiring certain health care providers to inform patients of the right to provide a durable power of attorney for certain purposes; authorizing certain persons to access the health care records of certain deceased patients; and providing other matters properly relating thereto.

Senator Rawson moved that the bill be referred to the Committee on Commerce and Labor.

Motion carried.

By Senator Neal:

Senate Bill No. 25—AN ACT relating to vehicles; requiring certain trailers sold by certain persons in Nevada to be equipped with brakes that comply with the traffic laws of this state; providing a penalty; and providing other matters properly relating thereto.

Senator Rawson moved that the bill be referred to the Committee on Transportation.

Motion carried.

By Senator Neal:

Senate Bill No. 26—AN ACT relating to criminal procedure; establishing certain requirements relating to monitoring devices that are attached to the exterior of vehicles to track the movement or location of the vehicles; making certain evidence inadmissible; and providing other matters properly relating thereto.

Senator Rawson moved that the bill be referred to the Committee on Judiciary.

Motion carried.

By Senator Wiener:

Senate Bill No. 27—AN ACT relating to professions; creating the Board of Athletic Trainers; prescribing the powers and duties of the Board; requiring certain persons who engage in the practice of athletic training to be licensed by the Board; prescribing the requirements for such licenses; providing for the regulation of athletic trainers; providing a penalty; requiring the Board to appoint an Advisory Committee to make recommendations to the Legislature concerning the regulation of personal trainers; and providing other matters properly relating thereto.

Senator Rawson moved that the bill be referred to the Committee on Commerce and Labor.

Motion carried.

By Senator Mathews:

Senate Bill No. 28—AN ACT relating to programs for public employees; providing that certain money set aside for group insurance for officers and employees of school districts must not be used for other purposes; and providing other matters properly relating thereto.

Senator Rawson moved that the bill be referred to the Committee on Government Affairs.

Motion carried.

By Senator Amodei:

Senate Bill No. 29—AN ACT relating to firearms; authorizing certain governing bodies to regulate the carrying of unconcealed firearms upon public property at special events; and providing other matters properly relating thereto.

Senator Rawson moved that the bill be referred to the Committee on Government Affairs.

Motion carried.

By Senator Amodei:

Senate Bill No. 30—AN ACT relating to land use planning; revising the requirements governing notice of a hearing regarding the establishment of or amendment to a zoning regulation, restriction or boundary; requiring the placement of a statement of facts on certain parcel maps to indicate that the map does not conflict with certain statutory and local provisions; and providing other matters properly relating thereto.

Senator Rawson moved that the bill be referred to the Committee on Government Affairs.

Motion carried.

By the Committee on Human Resources and Facilities:

Senate Bill No. 31—AN ACT relating to pupils; authorizing the board of trustees of a school district to establish a program to provide access to classes at a community college for gifted and talented pupils; requiring a board of trustees that establishes a program to arrange the enrollment and pay for certain fees and expenses related to participation in the program; authorizing the board of trustees of a school district to establish a program of independent study for gifted and talented pupils; and providing other matters properly relating thereto.

Senator Rawson moved that the bill be referred to the Committee on Human Resources and Facilities.

Motion carried.

By the Committee on Human Resources and Facilities:

Senate Bill No. 32—AN ACT relating to the Fund for a Healthy Nevada; providing that allocations by the Task Force for the Fund for a Healthy Nevada of money from the Fund may be done by contract or grant; requiring at least one competitive round of requests for proposals each biennium for the distribution of certain money from the Fund; and providing other matters properly relating thereto.

Senator Rawson moved that the bill be referred to the Committee on Human Resources and Facilities.

Motion carried.

By the Committee on Human Resources and Facilities:

Senate Bill No. 33—AN ACT relating to education; requiring a charter school to pay for an additional administration of achievement and proficiency examinations under certain circumstances; requiring certain applicants for employment with a charter school to submit fingerprints as a condition to employment; revising provisions governing the employment of teachers and administrators of charter schools; revising provisions governing the apportionments made to a charter school sponsored by the State Board of Education; revising provisions governing programs of distance education; requiring the Central Repository for Nevada Records of Criminal History to investigate the criminal history of applicants for employment with a charter school; and providing other matters properly relating thereto.

Senator Rawson moved that the bill be referred to the Committee on Human Resources and Facilities.

Motion carried.

By the Committee on Human Resources and Facilities:

Senate Bill No. 34—AN ACT relating to pupils; revising provisions governing admission of certain pupils to kindergarten and the first grade; requiring the boards of trustees of school districts to administer developmental screening tests to determine early admission to kindergarten and the first grade; clarifying that a pupil may be retained more than once in the same grade under certain circumstances; and providing other matters properly relating thereto.

Senator Rawson moved that the bill be referred to the Committee on Human Resources and Facilities.

Motion carried.

By the Committee on Human Resources and Facilities:

Senate Bill No. 35—AN ACT relating to educational personnel; requiring the Commission on Professional Standards in Education to adopt regulations that provide for an alternate route to a teacher’s license for persons with certain qualifications; requiring the State Board of Education to adopt regulations prescribing the courses of study and training for such persons; requiring boards of trustees of school districts and governing bodies of charter schools to assign mentors to persons who are licensed through an alternate route and employed as teachers; providing for expiration of a license obtained through an alternate route if a person does not satisfy certain requirements; and providing other matters properly relating thereto.

Senator Rawson moved that the bill be referred to the Committee on Human Resources and Facilities.

Motion carried.

By the Committee on Human Resources and Facilities:

Senate Bill No. 36—AN ACT relating to education; authorizing regional training programs for the professional development of teachers and administrators to facilitate access to information concerning issues related to suicide among pupils; providing that receipt of or access to such information does not create an additional duty; and providing other matters properly relating thereto.

Senator Rawson moved that the bill be referred to the Committee on Human Resources and Facilities.

Motion carried.

By Senator Wiener:

Senate Bill No. 37—AN ACT relating to revision of statutes; requiring the development of biennial recommendations for the elimination of obsolete or antiquated statutes; and providing other matters properly relating thereto.

Senator Rawson moved that the bill be referred to the Committee on Legislative Affairs and Operations.

Motion carried.

By Senators Raggio, Amodei, Care, Carlton, Cegavske, Hardy, Mathews, McGinness, Neal, Nolan, O'Connell, Rawson, Rhoads, Schneider, Shaffer, Tiffany, Titus, Townsend, Washington, and Wiener:

Senate Bill No. 38—AN ACT relating to public safety; making various changes regarding certain acts relating to terrorism, weapons of mass destruction, biological agents, chemical agents, radioactive agents and other lethal agents, toxins and delivery systems; providing for an increased penalty for felonies committed with the intent to commit certain acts of terrorism; establishing as murder of the first degree murder committed with the intent to commit certain acts of terrorism; establishing for the purposes of the death penalty an aggravating circumstance relating to murders committed with the intent to commit certain acts of terrorism; revising provisions relating to juveniles who commit certain acts of terrorism; providing that there is no statute of limitations for prosecution of certain acts relating to terrorism; requiring certain property used to commit certain acts of terrorism to be subject to forfeiture; making various other changes pertaining to certain acts relating to terrorism, weapons of mass destruction, biological agents, chemical agents, radioactive agents and other lethal agents, toxins and delivery systems; providing penalties; and providing other matters properly relating thereto.

Senator Rawson moved that the bill be referred to the Committee on Judiciary.

Motion carried.

By Senator Cegavske (by request):

Senate Bill No. 39—AN ACT relating to property; requiring a landlord to change the entry locks of a dwelling unit before delivering possession of the dwelling unit to a new tenant; providing certain remedies to a new tenant if a landlord fails to change the entry locks of a dwelling unit before delivering possession of the dwelling unit to the new tenant; and providing other matters properly relating thereto.

Senator Rawson moved that the bill be referred to the Committee on Judiciary.

Motion carried.

By the Committee on Judiciary:

Senate Bill No. 40—AN ACT relating to firearms; prohibiting discharge of a firearm from a structure, vehicle, vessel or aircraft under certain circumstances; providing penalties; and providing other matters properly relating thereto.

Senator Rawson moved that the bill be referred to the Committee on Judiciary.

Motion carried.

By Senator Rawson:

Senate Bill No. 41—AN ACT relating to public safety; authorizing certain supervisors of personnel involved in the security of resort hotels to receive limited personal information contained in the files of the Department of Motor Vehicles, records of criminal history from agencies of criminal justice and certain other information from local law enforcement agencies; and providing other matters properly relating thereto.

Senator Rawson moved that the bill be referred to the Committee on Judiciary.

Motion carried.

By the Committee on Judiciary:

Senate Bill No. 42—AN ACT relating to gaming; revising the membership of the Gaming Policy Committee to include a representative of the Nevada Council on Problem Gambling; requiring the State Board of Education to adopt regulations regarding the establishment and applicability of a course of study concerning the prevention of problem gambling; creating the Revolving Account to Support Programs for the Prevention and Treatment of Problem Gambling; making an appropriation to the Account; providing for the establishment by a district court of a program for the treatment of offenders suffering from problem gambling; and providing other matters properly relating thereto.

Senator Rawson moved that the bill be referred to the Committee on Finance.

Motion carried.

By Senator Care:

Senate Bill No. 43—AN ACT relating to witnesses; adopting the Uniform Child Witness Testimony by Alternative Methods Act; and providing other matters properly relating thereto.

Senator Rawson moved that the bill be referred to the Committee on Judiciary.

Motion carried.

By the Committee on Human Resources and Facilities:

Senate Bill No. 44—AN ACT relating to education; authorizing school districts to develop alternative plans for the reduction of pupil-teacher ratios in certain grades; and providing other matters properly relating thereto.

Senator Rawson moved that the bill be referred to the Committee on Human Resources and Facilities.

Motion carried.

By Senator Mathews:

Senate Bill No. 45—AN ACT relating to the Public Employees’ Retirement System; revising the requirements concerning eligibility to participate in the System as a police officer under certain early retirement provisions; and providing other matters properly relating thereto.

Senator Rawson moved that the bill be referred to the Committee on Finance.

Motion carried.

By the Committee on Natural Resources:

Senate Bill No. 46—AN ACT relating to the Lake Tahoe Basin; authorizing the issuance of general obligation bonds to carry out the Environmental Improvement Program; and providing other matters properly relating thereto.

Senator Rawson moved that the bill be referred to the Committee on Natural Resources.

Motion carried.

By Senator Wiener:

Senate Bill No. 47—AN ACT relating to trade practices; making certain opt-out provisions in contracts with consumers unenforceable under certain circumstances; prohibiting a seller of goods or services from making a charge to a credit card of a consumer under certain circumstances; providing civil remedies; making certain acts deceptive trade practices; providing civil and administrative penalties; and providing other matters properly relating thereto.

Senator Rawson moved that the bill be referred to the Committee on Commerce and Labor.

Motion carried.

By Senator Care:

Senate Bill No. 48—AN ACT relating to child custody; adopting the revision of the Uniform Child Custody Jurisdiction and Enforcement Act; providing for the transition from the present act to the act as revised; and providing other matters properly relating thereto.

Senator Rawson moved that the bill be referred to the Committee on Judiciary.

Motion carried.

By the Committee on Human Resources and Facilities:

Senate Bill No. 49—AN ACT relating to suicide prevention; creating a Statewide Program for Suicide Prevention within the office of the Director of the Department of Human Resources; creating positions within the Statewide Program for Suicide Prevention to coordinate the Statewide Program and to provide training and facilitate networking relating to suicide prevention in certain counties; and providing other matters properly relating thereto.

Senator Rawson moved that the bill be referred to the Committee on Human Resources and Facilities.

Motion carried.

By the Committee on Judiciary:

Senate Bill No. 50—AN ACT relating to tobacco; authorizing state agencies and local governments to adopt more stringent restrictions governing tobacco and products made from tobacco than restrictions imposed pursuant to state law under certain circumstances; and providing other matters properly relating thereto.

Senator Rawson moved that the bill be referred to the Committee on Judiciary.

Motion carried.

By the Committee on Natural Resources:

Senate Bill No. 51—AN ACT relating to state financial administration; extending the date by which certain prerequisites must be satisfied for the State Board of Finance to issue general obligation bonds to assist in the construction of a California Immigrant Trail Interpretive Center in Elko County; and providing other matters properly relating thereto.

Senator Rawson moved that the bill be referred to the Committee on Finance.

Motion carried.

By Senator Schneider:

Senate Bill No. 52—AN ACT making an appropriation to the Department of Education to provide grants to school districts to facilitate participation in supplemental science, mathematics and technology programs for certain pupils and teachers; and providing other matters properly relating thereto.

Senator Rawson moved that the bill be referred to the Committee on Finance.

Motion carried.

By the Committee on Government Affairs:

Senate Bill No. 53—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.

Senator Rawson moved that the bill be referred to the Committee on Government Affairs.

Motion carried.

By Senator Amodei:

Senate Bill No. 54—AN ACT relating to counties; expanding the services for which and property against which delinquent charges may be collected with county general taxes in certain counties; and providing other matters properly relating thereto.

Senator Rawson moved that the bill be referred to the Committee on Government Affairs.

Motion carried.

By the Committee on Judiciary:

Senate Bill No. 55—AN ACT relating to trusts; revising provisions governing the power of a settlor and beneficiary of a trust to alter certain statutory duties, liabilities, privileges and powers of the trustee; and providing other matters properly relating thereto.

Senator Rawson moved that the bill be referred to the Committee on Judiciary.

Motion carried.

MOTIONS, RESOLUTIONS AND NOTICES

Madam President announced that the following standing committees had been appointed, the first named Senator being chairman and the second‑named Senator being vice-chairman.

Commerce and Labor—

Townsend, Hardy, O'Connell, Shaffer, Neal, Schneider, Carlton.

Finance—

Raggio, Rawson, Rhoads, Cegavske, Tiffany, Coffin, Mathews.

Government Affairs—

O'Connell, Tiffany, Raggio, Townsend, Hardy, Titus, Care.

Human Resources and Facilities—

Rawson, Cegavske, Washington, Nolan, Neal, Mathews, Wiener.

Judiciary—

Amodei, Washington, McGinness, Nolan, Titus, Wiener, Care.

Legislative Affairs and Operations—

Washington, Cegavske, Raggio, Rawson, Titus, Mathews, Wiener.

Natural Resources—

Rhoads, McGinness, Shaffer, Amodei, Coffin, Schneider, Carlton.

Taxation—

McGinness, Rhoads, Townsend, O'Connell, Tiffany, Neal, Coffin.

Transportation—

Shaffer, Nolan, Amodei, Hardy, Schneider, Care, Carlton.

Madam President announced that if there were no objections, the Senate would recess subject to the call of the Chair.

Senate in recess at 3:49 p.m.

SENATE IN SESSION

At 3:55 p.m.

President Hunt presiding.

Quorum present.

GENERAL FILE AND THIRD READING

Senate Bill No. 1:

Bill read third time.

Remarks by Senator Raggio.

Roll call on Senate Bill No. 1:

Yeas—21.

Nays—None.

Senate Bill No. 1 having received a constitutional majority, Madam President declared it passed.

Senator Raggio moved that all rules be suspended and that Senate Bill No. 1 be immediately transmitted to the Assembly.

Motion carried unanimously.

Bill ordered transmitted to the Assembly.

GUESTS EXTENDED PRIVILEGE OF SENATE FLOOR

On request of Senator Amodei, the privilege of the floor of the Senate Chamber for this day was extended to Erin Amodei, Joy Amodei, Rosemary Beverly Willard, Audrey Rick and Trudy Hushbeck.

On request of Senator Care, the privilege of the floor of the Senate Chamber for this day was extended to Jenny Care, Diana Care, Judy Toscano, Colonel Jon Morrow, Marissa Morrow, Daryl Care, Kim Ladaga and Victor Morrow.

On request of Senator Carlton, the privilege of the floor of the Senate Chamber for this day was extended to Merritt Carlson.

On request of Senator Cegavske, the privilege of the floor of the Senate Chamber for this day was extended to Adam Cegavske, Bret Cegavske, Tim Cegavske, Bill Jewson, LaDonna Jewson, Shirley Keehn and Beth Schwartz.

On request of Senator Coffin, the privilege of the floor of the Senate Chamber for this day was extended to Walter Scott Coffin and Lydia Ball.

On request of Senator Hardy, the privilege of the floor of the Senate Chamber for this day was extended to Carol Hardy, Regan Hardy, Ashlee Hardy, Jordyn Hardy, Isaac Hardy, W. Brent Hardy, Elaine Hardy, Elsie Koch, Wade Wagner, Rebecca Wagner, Wade Wagner, Jr., Wesley Wagner, Winston Wagner, Waylen Wagner, Lauren Wagner, Heather Robb, Taylor Robb, Andrew Robb, Jeff Hybarger, Joanne Hybarger, Andrew Hybarger, Garrett Hybarger and Amy Hybarger.

On request of Senator Mathews, the privilege of the floor of the Senate Chamber for this day was extended to Janice Turner, Aileen Martin and Stella Blood.

On request of Senator McGinness, the privilege of the floor of the Senate Chamber for this day was extended to Dee McGinness and Sienna Reid.

On request of Senator Neal, the privilege of the floor of the Senate Chamber for this day was extended to Mary Foster.

On request of Senator Nolan, the privilege of the floor of the Senate Chamber for this day was extended to Kimberly Nolan, Joseph Nolan, Ryan Nolan, Carson Nicole Nolan, James Bonnett, Jeffery Michael, Hazel Michael, Joe Michael, Valerie Michael and Mia Kuerci.

On request of Senator Raggio, the privilege of the floor of the Senate Chamber for this day was extended to Leslie Raggio Righetti, Dorothy Souza, Lela Uptergrove, Jane Welsh, Martin Givoici, Kristi Givoici, Carol Del Carlo, Carl Giudici and Elsie Giudici.

On request of Senator Rawson, the privilege of the floor of the Senate Chamber for this day was extended to Linda Chapman, Cynthia Cook, Patricia Vardakis, Mary Savarese and Jason Henkle.

On request of Senator Rhoads, the privilege of the floor of the Senate Chamber for this day was extended to Sharon Rhoads.

On request of Senator Schneider, the privilege of the floor of the Senate Chamber for this day was extended to Candy Schneider.

On request of Senator Shaffer, the privilege of the floor of the Senate Chamber for this day was extended to Sharon Shaffer, James R. Shaffer, Cheryl Shaffer, Diane Shaffer, Thomas Shaffer, Sandy Arraiz, Lee-Ann Keever and Sherry Rodriguez.

On request of Senator Tiffany, the privilege of the floor of the Senate Chamber for this day was extended to Bill Fulks, Jean Fulks, Karen Wyman and Brad Lawrence.

On request of Senator Titus, the privilege of the floor of the Senate Chamber for this day was extended to Dana Goettsch.

On request of Senator Townsend, the privilege of the floor of the Senate Chamber for this day was extended to Betty Jacobsen and Mike Dayton.

On request of Senator Washington, the privilege of the floor of the Senate Chamber for this day was extended to Donna Washington, Rochell McAllister and Marion Washington.

On request of Senator Wiener, the privilege of the floor of the Senate Chamber for this day was extended to Supreme Court Justice Mark Gibbons, Doc Louis Wiener, Justin Michael McCauley and Steven John McCauley.

On request of President Hunt, the privilege of the floor of the Senate Chamber for this day was extended to former Senator Lawrence E. Jacobsen, Rennie Schreiber and Ira Steinberg.

Senator Raggio moved that the Senate adjourn until Tuesday, February 4, 2003, at 11 a.m. and that it do so in memory of the seven courageous Astronauts on the Columbia Space Shuttle and former Nevada State Controller Darrel Daines.

Motion carried.

Senate adjourned at 4:17 p.m.

Approved: Lorraine T. Hunt

President of the Senate

Attest: Claire J. Clift

Secretary of the Senate