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RESOLUTIONS AND MEMORIALS
κ2015 Statutes of Nevada, 29th Special Session, Page 59κ
RESOLUTIONS AND MEMORIALS
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Senate Resolution No. 1Committee of the Whole
FILE NUMBER 1
Senate RESOLUTION — Adopting the Rules of the Senate for the 29th Special Session of the Nevada Legislature.
Resolved by the Senate of the State of Nevada, That the following Rules of the Senate for the 29th Special Session of the Legislature are hereby adopted:
I. APPLICABILITY
Rule No. 1. Generally.
The Rules of the Senate for the 29th Special Session of the Legislature are applicable only during the 29th Special Session of the Legislature.
II. OFFICERS AND EMPLOYEES
Duties of Officers
Rule No. 2. President.
The President shall take the chair and call the Senate to order precisely at the hour appointed for meeting. The President 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. The President may speak to points of order in preference to members, rising from the Presidents 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. The President 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. The President has general direction of the Senate Chamber.
Rule No. 3. President Pro Tempore and Other Presiding Officers.
1. Except as otherwise provided in subsection 2:
(a) The President Pro Tempore has all the power and shall discharge all the duties of the President during his or her absence or inability to discharge the duties of his or her office.
(b) If the President is unwilling to discharge the duties of his or her office, the Senate may, by majority vote of the Senate, call upon the President Pro Tempore to serve as the President. Upon such call, the President Pro Tempore has all the power and shall discharge all the duties of the President during his or her unwillingness to discharge the duties of his or her office.
κ2015 Statutes of Nevada, 29th Special Session, Page 60 (FILE NUMBER 1, SR 1)κ
President Pro Tempore has all the power and shall discharge all the duties of the President during his or her unwillingness to discharge the duties of his or her office.
(c) In the absence or inability of the President Pro Tempore to discharge the duties of the Presidents office, the Senate shall elect one of its members as the presiding officer for that occasion. A member who is serving as the presiding officer has all the power and shall discharge all the duties of the President until the absence or inability which resulted in the member serving as the presiding officer has ended.
2. When the President Pro Tempore or another member is serving as the presiding officer, the President Pro Tempore or other member may vote on any question for which he or she is otherwise qualified to vote as a member. If the Senate is equally divided on the question, the President Pro Tempore or other member may not give an additional deciding vote or casting vote pursuant to Senate Rule No. 14 of the 29th Special Session or Section 17 of Article 5 of the Nevada Constitution.
Rule No. 4. Secretary.
1. The Secretary of the Senate is elected by the Senate, and shall:
(a) Recruit, interview, select, train and supervise all staff employed to assist with the work of the Senate.
(b) See that these employees perform their respective duties.
(c) Administer the daily business of the Senate, including the provision of secretaries as needed.
(d) Adopt such administrative policies as the Secretary deems necessary to carry out the business of the Senate.
(e) Unless otherwise ordered by the Senate, transmit as soon as practicable 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.
3. The President and the Secretary are authorized to make any necessary corrections and additions to the final Journal, Daily History and committee minutes of the Senate.
Rule No. 5. Sergeant at Arms.
1. The Sergeant at Arms shall:
(a) Attend the Senate during its sittings, and execute its commands and all process issued by its authority.
(b) Keep the secrets of the Senate.
(c) Superintend the upkeep of the Senates Chamber, private lounge, and meeting rooms.
2. The Sergeant at Arms is responsible to the Majority Leader.
Rule No. 6. Deputy Sergeant at Arms and Assistant Sergeants at Arms.
The Deputy Sergeant at Arms and Assistant Sergeants at Arms shall serve as doorkeepers and shall preserve order in the Senate Chamber and shall assist the Sergeant at Arms. The Deputy Sergeant at Arms and Assistant Sergeants at Arms shall keep the secrets of the Senate. In the event that the Sergeant at Arms is incapacitated or absent for any reason, the Deputy Sergeant at Arms shall serve as the Sergeant at Arms until the incapacity or absence has ended.
κ2015 Statutes of Nevada, 29th Special Session, Page 61 (FILE NUMBER 1, SR 1)κ
III. SESSIONS AND MEETINGS
Rule No. 7. Call of Senate — Moved by Three Members.
1. 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.
2. In the event an emergency occurs during a special session of the Legislature which requires a meeting of the Senate, the Majority Leader shall call the members back to order before the hour to which the Senate has adjourned.
Rule No. 8. Absence — Leave Required.
No Senator shall absent himself or herself 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 or herself, his or her per diem shall not be allowed.
Rule No. 9. Open Meetings.
1. Except as otherwise provided in the Constitution of the State of Nevada and in subsection 2, all meetings of the Senate and the Committee of the Whole or a standing committee must be open to the public.
2. A meeting may be closed to consider the character, alleged misconduct, professional competence, or physical or mental health of a person.
IV. DECORUM AND DEBATE
Rule No. 10. 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 or her to order. If a Senator is so called to order, he or she shall not proceed without leave of the Senate. If such leave is granted, it must be upon the motion, That he or she be allowed to proceed in order, and the Senator shall confine himself or herself 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. 11. 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 the Senator to order shall report the offensive or indecorous language or conduct to the presiding officer.
κ2015 Statutes of Nevada, 29th Special Session, Page 62 (FILE NUMBER 1, SR 1)κ
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.
Rule No. 11.5. Legislative Ethics.
1. In determining whether a Legislator has a conflict of interest, the Legislator should consider whether the independence of judgment of a reasonable person in his or her situation upon the matter in question would be materially affected by the Legislators:
(a) Acceptance of a gift or loan;
(b) Private economic interest; or
(c) Commitment to a member of his or her household or his or her immediate family.
Κ In interpreting and applying the provisions of this subsection, it must be presumed that the independence of judgment of a reasonable person in the Legislators situation would not be materially affected by the Legislators private economic interest or the Legislators commitment to a member of his or her household or immediate family where the resulting benefit or detriment accruing to the Legislator, or if the Legislator has a commitment to a member of his or her household or immediate family, accruing to those other persons, is not greater than that accruing to any other member of the general business, profession, occupation or group that is affected by the matter.
2. Except as otherwise provided in subsection 3, if a Legislator knows he or she has a conflict of interest pursuant to subsection 1, the Legislator shall make a general disclosure of the conflict of interest on the record in a meeting of a committee or on the floor of the Senate, as applicable. Such a disclosure must be entered:
(a) If the Legislator makes the disclosure in a meeting of a committee, in the minutes for that meeting.
(b) If the Legislator makes the disclosure on the floor of the Senate, in the Journal.
3. If, on one or more prior occasions during the current session of the Legislature, a Legislator has made a general disclosure of a conflict of interest on the record in a meeting of a committee or on the floor of the Senate, the Legislator is not required to make that general disclosure at length again regarding the same conflict of interest if, when the matter in question arises on subsequent occasions, the Legislator makes a reference on the record to the previous disclosure.
4. In determining whether to abstain from voting upon, advocating or opposing a matter concerning which a Legislator has a conflict of interest pursuant to subsection 1, the Legislator should consider whether:
(a) The conflict impedes his or her independence of judgment; and
(b) His or her interest is greater than the interests of an entire class of persons similarly situated.
5. The provisions of this Rule do not under any circumstances and regardless of any conflict of interest:
(a) Prohibit a Legislator from requesting or introducing a legislative measure; or
κ2015 Statutes of Nevada, 29th Special Session, Page 63 (FILE NUMBER 1, SR 1)κ
(b) Require a Legislator to take any particular action before or while requesting or introducing a legislative measure.
6. If a Legislator who is a member of a committee declares on the record when a vote is to be taken by the committee that he or she will abstain from voting because of the requirements of this Rule the necessary quorum to act upon and the number of votes necessary to act upon the matter is reduced as though the Legislator abstaining were not a member of the committee.
7. The standards and procedures set forth in this Rule which govern whether and to what extent a Senator has a conflict of interest, should disclose a conflict of interest or should abstain from voting upon, advocating or opposing a matter concerning which the Senator has a conflict of interest pursuant to subsection 1:
(a) Are exclusive and are the only standards and procedures that apply to Senators with regard to such matters; and
(b) Supersede and preempt all other standards and procedures with regard to such matters.
8. For purposes of this Rule, immediate family means a person who is related to the Legislator by blood, adoption or marriage within the first degree of consanguinity or affinity.
V. QUORUM, VOTING, ELECTIONS
Rule No. 12. Action Required to Be Taken in Senate Chamber.
Any action taken by the Senate must be taken in the Senate Chamber.
Rule No. 13. 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 yea or nay or record himself or herself 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. 14. President to Decide — Tie Vote.
A question is lost by a tie vote, but when the Senate is equally divided on any question, the President may give the deciding vote.
Rule No. 15. 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 or her seat;
(b) Explain his or her vote or discuss the question while the voting is in progress; or
(c) Change his or her vote after the result is announced.
3. The announcement of the result of any vote must not be postponed.
κ2015 Statutes of Nevada, 29th Special Session, Page 64 (FILE NUMBER 1, SR 1)κ
VI. LEGISLATIVE BODIES
Rule No. 16. Committee of the Whole.
1. All bills and resolutions may be referred only to the Committee of the Whole or to such standing committee as may be appointed pursuant to Senate Rule No. 16.5 of the 29th Special Session of the Legislature.
2. The Majority Leader shall preside as Chair of the Committee of the Whole or name a Chair to preside.
3. Any meeting of the Committee of the Whole may be conducted outside the Senate Chamber, as designated by the Chair of the Committee.
4. A member of the Committee of the Whole may speak on an item listed on the Committees agenda, for a period of not more than 10 minutes, unless he or she is granted leave of the Chair to speak for a longer period. If a member is granted leave to speak for a longer period, the Chair may limit the length of additional time that the member may speak.
5. The Chair may require any vote of the Committee of the Whole to be recorded in the manner designated by the Chair.
6. All amendments proposed by the Committee of the Whole:
(a) Must first be approved by the Committee.
(b) Must be reported by the Chair to the Senate.
7. The minutes of the Committees meetings must be entered in the final Journal.
Rule No. 16.5. Standing Committees.
In addition to the Committee of the Whole, such standing committees may be appointed as may be deemed necessary.
Rule No. 17. Rules Applicable to Standing Committees and Committee of the Whole.
The Rules of the Senate shall apply to proceedings in the Committee of the Whole and such standing committees as may be appointed, except that the previous question shall not be ordered nor the yeas and nays demanded, but the Chair 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 shall resume the chair and receive the message. After receiving the message, the President shall vacate the chair in favor of the Chair of the Committee. The rules of parliamentary practice contained in Masons Manual of Legislative Procedure shall govern such committees in all cases in which they are applicable and in which they are not inconsistent with the rules and orders of the Senate.
Rule No. 18. Motion to Rise Committee of the Whole.
A motion that the Committee of the Whole rise shall always be in order, and shall be decided without debate.
κ2015 Statutes of Nevada, 29th Special Session, Page 65 (FILE NUMBER 1, SR 1)κ
VII. RULES GOVERNING MOTIONS
A. Motions Generally
Rule No. 19. 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. 20. 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 recess.
4. To lay on the table.
5. For the previous question.
6. To postpone to a day certain.
7. To refer to committee.
8. To amend.
9. To postpone indefinitely.
Κ The first three motions shall be decided without debate and a motion to lay on the table without question or debate.
Rule No. 21. When Not Entertained.
1. When a motion 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 Special Session.
3. There must be no reconsideration of a vote on a motion to postpone indefinitely.
B. Particular Motions
Rule No. 22. 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 decided, shall be entered in the Journal.
Rule No. 23. Lay on the Table.
A motion to lay on or take from the table shall be carried by a majority vote.
Rule No. 24. To Strike Enacting Clause.
A motion to strike out the enacting clause of a bill has precedence over a motion to refer to committee or to amend. If a motion to strike out the enacting clause of a bill is carried, the bill is rejected.
κ2015 Statutes of Nevada, 29th Special Session, Page 66 (FILE NUMBER 1, SR 1)κ
Rule No. 25. 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. 26. Explanation of Motion.
Whenever a Senator moves to change the usual disposition of a bill or resolution, he or she shall describe the subject of the bill or resolution and state the reasons for requesting the change in the processing of the bill or resolution.
VIII. DEBATE
Rule No. 27. Speaking on Question.
1. Every Senator who speaks shall, standing in his or her place, address Mr. or Madam President, in a courteous manner, and shall confine himself or herself to the question before the Senate. When the Senator has finished, he or she shall sit down.
2. Except as otherwise provided in Senate Rules Nos. 10 and 45 of the 29th Special Session, a Senator may speak only once on a question before the Senate, for a period of not more than 10 minutes, unless he or she is granted leave of the President to speak for a longer period or more than once. If a Senator is granted leave to speak for a longer period or more than once, the President may limit the length of additional time that the member may speak.
3. Incidental and subsidiary questions arising during debate shall not be considered the same question.
Rule No. 28. 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 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 or she has the floor move to put that question.
IX. CONDUCT OF BUSINESS
A. Generally
Rule No. 29. Masons Manual.
The rules of parliamentary practice contained in Masons 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 rules and orders of the Senate for the 29th Special Session of the Legislature, and the Joint Rules of the Senate and Assembly for the 29th Special Session of the Legislature.
κ2015 Statutes of Nevada, 29th Special Session, Page 67 (FILE NUMBER 1, SR 1)κ
Rule No. 30. Suspension, Rescission or Change of Rule.
No rule or order of the Senate for the 29th Special Session of the Legislature shall be suspended, rescinded or changed without a majority vote of the Senate.
Rule No. 31. 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. 32. Privilege of the Floor.
1. To preserve decorum and facilitate the business of the Senate, only the following persons may be present on the floor of the Senate during formal sessions:
(a) State officers;
(b) Officers and members of the Senate;
(c) Employees of the Legislative Counsel Bureau;
(d) Staff 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. 33. 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 Senators 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. 34. Petitions.
The contents of any petition 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. 35. 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. 36. Questions Relating to Priority of Business.
All questions relating to the priority of business shall be decided without debate.
κ2015 Statutes of Nevada, 29th Special Session, Page 68 (FILE NUMBER 1, SR 1)κ
B. Bills and Resolutions
Rule No. 37. Requests for the Drafting of Bills, Resolutions and Amendments.
Except as otherwise provided in this Rule, the Legislative Counsel shall not honor a request for the drafting of a bill, resolution or amendment to be introduced in the Senate unless it is submitted by the Committee of the Whole, a standing committee or a Conference Committee. The Majority Leader may request the drafting of five legislative measures for the 29th Special Session of the Legislature without seeking the approval of the Committee of the Whole or any other committee that may be appointed for the 29th Special Session.
Rule No. 38. Skeleton Bill Prohibited
Skeleton bills may not be introduced.
Rule No. 39. 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 of the Senate.
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 referred to committee until once read, nor amended until twice read.
4. The third reading of every bill must be by sections.
Rule No. 40. Second Reading File — Consent Calendar.
1. All bills or joint resolutions reported by the Committee of the Whole or a standing committee must be placed on a Second Reading File unless recommended for placement on the Consent Calendar.
2. The Committee of the Whole or a standing 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;
(c) It requires a two-thirds vote of the Senate; or
(d) It is controversial in nature.
3. A bill or joint resolution must be removed from the Consent Calendar at the request of any Senator, without question or debate. A bill or joint resolution so removed must be immediately placed on the Second Reading File for consideration in the usual order of business.
4. When the Consent Calendar is called:
(a) 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.
(b) No remarks or questions are in order and the bills remaining on the Consent Calendar must be voted upon without debate.
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Rule No. 41. Reading of Bills — General File.
1. Upon reading of bills on the Second Reading File, Senate and Assembly bills reported without amendments must be placed on the General File.
2. Only amendments proposed by the Committee of the Whole, a standing committee or a conference committee may be considered.
3. Amendments proposed by the Committee of the Whole or a standing committee and reported with bills may be adopted by a majority vote of the members present. Bills so amended must be reprinted, engrossed or reengrossed, and placed on the General File. The File must be made available to members of the public each day by the Secretary.
Rule No. 42. Reconsideration of Vote on Bill.
No motion to reconsider a vote is in order.
C. Resolutions
Rule No. 43. Certain Resolutions Treated as Bills.
Joint 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 must be entered in the Journal in its entirety.
Rule No. 43.3. Memorial Resolutions.
Once the sponsor has moved for the adoption of a memorial resolution, not more than one member from each caucus, and, upon request of a member of the body and the approval of the Majority Leader, one additional member may speak on the resolution.
Rule No. 44. Certain Resolutions Treated as Motions.
Resolutions, other than those referred to in Senate Rules Nos. 43 and 43.3 of the 29th Special Session of the Legislature, must be treated as motions in all proceedings of the Senate.
Rule No. 44.5. Return From the Secretary of State.
A Senate resolution may be used to request the return from the Secretary of State of an enrolled Senate resolution for further consideration.
Rule No. 45. Order of Business, Special Orders and Other Matters.
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. [Reserved.]
9. Motions, Resolutions and Notices.
10. Introduction, First Reading and Reference.
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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 5 minutes each day.
Rule No. 46. Privilege.
Any Senator may rise and explain a matter personal to himself or herself by leave of the President, but the Senator shall not discuss any pending question in such explanation.
Rule No. 47. 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. 48. 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 majority vote of the Senate, and any business before the Senate at the time of the announcement of the special order shall go to Unfinished Business.
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Senate Resolution No. 2Committee of the Whole
FILE NUMBER 2
Senate RESOLUTION — Providing that no allowances will be paid for the 29th Special Session of the Nevada Legislature for periodicals, stamps, stationery or communications.
Resolved by the Senate of the State of Nevada, That for the 29th Special Session of the Nevada Legislature, no allowances will be paid for members of the Senate for periodicals, stamps, stationery or the use of telephones and no allowances will be paid for the President Pro Tempore, Majority Leader, Minority Leader or chair of a committee of the Senate for postage, telephone tolls or other charges for communications.
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κ2015 Statutes of Nevada, 29th Special Session, Page 71κ
Senate Resolution No. 3Committee of the Whole
FILE NUMBER 3
Senate RESOLUTION — Recognizing the appointment of the Senate staff.
Resolved by the Senate of the State of Nevada, That the following persons are recognized as the duly-appointed staff of the Senate for the 29th Special Session of the Legislature of the State of Nevada: Colleen K. Brennan, Eddie Cordisco Jr., Lona Domenici, Diana Jones, Robert Milby, Tamara Nash, Teri Peterson, Gena Plummer, Jodi Poley, Sherry L. Rodriguez, Jean Spell, Susan Whitford and Jeanine M. Wittenberg.
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Assembly Resolution No. 1Committee on Legislative Operations and Elections
FILE NUMBER 4
Assembly RESOLUTION — Providing for the appointment of attaches.
Resolved by the Assembly of the State of Nevada, That the following persons are elected as attaches of the Assembly for the 29th Special Session of the Legislature of the State of Nevada: Carol Aiello-Sala, Robin Bates, Lucinda Benjamin, Sylvia Brown, Michele Burke, Celssie Hardy, Jason Hataway, Susan Hoffman, Victoria Kieffer, Mary Lee, Mary Matheus, Sheree Rosevear and Elise Sala.
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Assembly Resolution No. 2Committee on Legislative Operations and Elections
FILE NUMBER 5
Assembly RESOLUTION — Providing that no allowances will be paid for the 29th Special Session of the Nevada Legislature for periodicals, stamps, stationery or communications.
Resolved by the Assembly of the State of Nevada, That for the 29th Special Session of the Nevada Legislature, no allowances will be paid for members of the Assembly for periodicals, stamps, stationery or the use of telephones and no allowances will be paid for the Speaker, Speaker Pro Tempore, Majority Leader, Minority Leader or chair of a committee of the Assembly for postage, telephone tolls or other charges for communications.
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κ2015 Statutes of Nevada, 29th Special Session, Page 72κ
Senate Concurrent Resolution No. 1Senators Roberson, Hammond, Brower, Gustavson, Farley; Goicoechea, Hardy, Harris, Kieckhefer, Lipparelli and Settelmeyer
FILE NUMBER 6
Senate Concurrent RESOLUTION — Declaring and expressing the Legislatures purpose and intent in enacting Senate Bill No. 302 of the 78th Session of the Legislature.
Whereas, Pursuant to Sections 1, 3 and 4 of Article 4 of the Nevada Constitution, the 78th Legislature of the State of Nevada came into legal existence the day next after the election of its members at the general election held on November 4, 2014, and became invested with the legislative authority of this State; and
Whereas, Pursuant to Sections 1, 3 and 4 of Article 4 of the Nevada Constitution, the 78th Legislature of the State of Nevada is a continuing body that is the repository of the legislative authority of this State until the day next after the election of the members of the 79th Legislature of the State of Nevada at the general election held on November 8, 2016; and
Whereas, Pursuant to Sections 2 and 2A of Article 4 and Section 9 of Article 5 of the Nevada Constitution, the 78th Legislature of the State of Nevada may exercise the legislative authority of this State and transact legislative business when convened in a biennial regular session as authorized by the Nevada Constitution or when convened in a special session as authorized by the Nevada Constitution; and
Whereas, Courts have stated that, because a state legislature is a continuing body during the period between the general election of its members, the legal existence of the state legislature continues after the adjournment sine die of its biennial regular session and, when a special session is convened during the period of its continuing legal existence, the state legislature that convenes during the special session is the same state legislature that convened during the biennial regular session; and
Whereas, Courts have stated that, when determining whether a state legislature is authorized to transact legislative business at a regular or special session, the state constitution does not serve as a grant of specific enumerated powers but rather acts as a restriction upon the general powers of the state legislature, so courts do not look to what the state constitution authorizes but to what it prohibits; and
Whereas, Courts have stated that, when convened in a regular session, a state legislature possesses all general powers of sovereignty that are inherent in the people, unless those powers are specifically, explicitly and definitely restricted by clear constitutional limitations; and
Whereas, Courts have stated that, when convened in a special session, the powers of a state legislature are as broad as its general powers in a regular session, except where specifically, explicitly and definitely restricted by clear constitutional limitations; and
Whereas, Courts have stated that, when constitutional limitations are imposed on a state legislature in a regular or special session, those limitations must be strictly construed in favor of the general powers of the state legislature to transact legislative business, those limitations are not to be extended to include matters which are not expressly and explicitly covered by the terms of such limitations and those limitations are not to be given effect as against the general powers of the state legislature, unless such limitations clearly inhibit the act in question; and
κ2015 Statutes of Nevada, 29th Special Session, Page 73 (FILE NUMBER 6, SCR 1)κ
by the terms of such limitations and those limitations are not to be given effect as against the general powers of the state legislature, unless such limitations clearly inhibit the act in question; and
Whereas, Section 2A of Article 4 of the Nevada Constitution states that, at a special session convened by the members of the Legislature by petition, the Legislature shall not introduce, consider or pass any bills except those related to the business specified in the petition and those necessary to provide for the expenses of the session; and
Whereas, Section 9 of Article 5 of the Nevada Constitution states that, at a special session convened by the Governor by proclamation, the Legislature shall not introduce, consider or pass any bills except those related to the business for which the Legislature has been specially convened and those necessary to provide for the expenses of the session; and
Whereas, The plain language of Section 2A of Article 4 and Section 9 of Article 5 of the Nevada Constitution specifically, explicitly and definitely limits only the general powers of the Legislature to introduce, consider or pass any bills at a special session but does not specifically, explicitly and definitely limit the general powers of the Legislature to introduce, consider or pass any resolutions at a special session; and
Whereas, Sections 16, 18, 23 and 35 of Article 4 of the Nevada Constitution establish a clear distinction between bills and resolutions in the state legislative process, and when the Framers of the Nevada Constitution intended for a provision to impose limitations on both bills and resolutions, the Framers expressly said so by using both terms in the provision; and
Whereas, Because the plain language of Section 2A of Article 4 and Section 9 of Article 5 of the Nevada Constitution specifically, explicitly and definitely limits only the general powers of the Legislature to introduce, consider or pass any bills at a special session, the general powers of the Legislature to introduce, consider or pass any resolutions at a special session are as broad as its general powers at a regular session; and
Whereas, Courts have stated that, when the Framers of the Nevada Constitution drafted the provisions governing the state legislative process, they were influenced by the customs and practices of the British Parliament and the United States Congress which reflect the common parliamentary law that has been developed and applied by legislative and parliamentary bodies for centuries; and
Whereas, Under the common parliamentary law, a state legislature may use a concurrent resolution to declare and express the purpose and intent of the state legislature and to provide direction, guidance and advice to its committees and members in performing their functions and duties; and
Whereas, Courts have stated that, although concurrent resolutions do not have the force and effect of law, they are entitled to respectful consideration by the courts; and
Whereas, Courts have stated that, because a state legislature is a continuing body during the period between the general election of its members, when there is a question regarding the state legislatures purpose and intent in passing a law and there is an opportunity in an ensuing regular or special session for the same state legislature to provide guidance regarding its original purpose and intent during the period of its continuing legal existence, the state legislature has the power to do so, and its guidance is entitled to interpretative weight because such guidance throws light upon its original purpose and intent in passing the law in the first instance; and
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entitled to interpretative weight because such guidance throws light upon its original purpose and intent in passing the law in the first instance; and
Whereas, Under Section 1 of Article 3 of the Nevada Constitution, the Framers of the Nevada Constitution expressly incorporated the doctrine of separation of powers into the Nevada Constitution; and
Whereas, Under the doctrine of separation of powers incorporated in Section 1 of Article 3 of the Nevada Constitution, the primary power of the Legislative Branch is to exercise legislative power, which is the power of the peoples law-making representative body to frame and enact laws and to amend or repeal them; and
Whereas, Under the doctrine of separation of powers incorporated in Section 1 of Article 3 of the Nevada Constitution, the primary power of the Executive Branch is to exercise executive power, which is the power of agencies and officers of the Executive Branch to carry out and enforce the laws enacted by the Legislative Branch; and
Whereas, Under the doctrine of separation of powers incorporated in Section 1 of Article 3 of the Nevada Constitution, the Legislative Branch may exercise the legislative power to pass laws delegating to agencies and officers of the Executive Branch the power to adopt regulations to carry out and enforce the laws enacted by the Legislative Branch, so long as the regulations conform with statutory authority and carry out legislative intent; and
Whereas, Under the doctrine of separation of powers incorporated in Section 1 of Article 3 of the Nevada Constitution, the power to issue final and binding interpretations of the laws enacted by the Legislative Branch is generally regarded as a judicial power because it is the province and duty of the Judicial Branch to interpret the law and determine its meaning in justiciable cases or controversies; and
Whereas, Under the doctrine of separation of powers incorporated in Section 1 of Article 3 of the Nevada Constitution, the power to issue final and binding interpretations of the validity of regulations adopted by agencies and officers of the Executive Branch is generally regarded as a judicial power because the determination of whether regulations are valid presents a question of statutory interpretation as to whether the regulations conform with statutory authority and carry out legislative intent; and
Whereas, Under the doctrine of separation of powers incorporated in Section 1 of Article 3 of the Nevada Constitution, the Legislative Branch cannot exercise judicial power except in the cases expressly directed or permitted in this [C]onstitution; and
Whereas, Under the doctrine of separation of powers incorporated in Section 1 of Article 3 of the Nevada Constitution, the Legislature is expressly permitted to designate a legislative body, which is composed of members of the Senate and Assembly and is authorized to act on behalf of both Houses of the Legislature, to exercise limited judicial power by reviewing regulations adopted by agencies and officers of the Executive Branch and determining whether the regulations conform with statutory authority and carry out legislative intent; and
Whereas, Under the doctrine of separation of powers incorporated in Section 1 of Article 3 of the Nevada Constitution, the power expressly granted to the Legislative Branch to review regulations was not intended to supplant entirely the power of the Judicial Branch to review regulations; and
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Whereas, Under the doctrine of separation of powers incorporated in Section 1 of Article 3 of the Nevada Constitution, there is a system of concurrent and shared power under which both the Legislative Branch and the Judicial Branch have the power to review regulations to determine whether they conform with statutory authority and carry out legislative intent; and
Whereas, The Legislature has statutorily codified this concurrent and shared power between the Legislative Branch and the Judicial Branch in the Nevada Administrative Procedure Act (APA) in chapter 233B of NRS; and
Whereas, Under the APA, the Legislative Commission and its Subcommittee to Review Regulations are authorized by law to review regulations before they become effective to determine whether the agency or officer of the Executive Branch has complied with the regulation-making requirements of the APA and whether the regulations conform with statutory authority and carry out legislative intent; and
Whereas, Under the APA, the Judicial Branch is authorized by law to review regulations after they become effective to determine whether the agency or officer of the Executive Branch has complied with the regulation-making requirements of the APA and whether the regulations conform with statutory authority and carry out legislative intent; and
Whereas, Because the power to review regulations in Nevada is constitutionally and statutorily shared by the Legislative Branch and the Judicial Branch, the exercise of that power by either branch must be afforded the greatest amount of respect and deference as possible by the other branch; and
Whereas, When the Legislative Commission or its Subcommittee to Review Regulations determines that regulations conform with statutory authority and carry out legislative intent, the Judicial Branch should give that determination the greatest possible amount of respect and deference; and
Whereas, During the biennial regular session in 2015, the 78th Legislature of the State of Nevada passed, and the Governor approved, Senate Bill No. 302 (S.B. 302), chapter 332, Statutes of Nevada 2015, at page 1824, to provide greater educational choices to pupils through a program, commonly known as the education savings account program, which allows the parents of certain pupils in Nevada to establish an education savings account with a portion of the States educational funding of the public school system and to pay for certain expenses incurred by the parents for educating those pupils outside of the public school system; and
Whereas, For the parents of certain pupils in Nevada to establish an education savings account, S.B. 302 states that the pupil must be required by NRS 392.040 to attend a public school and must have been enrolled in a public school in this State for at least 100 school days without interruption during the period immediately preceding the establishment of the education savings account; and
Whereas, Under Nevadas education laws, NRS 392.040 and 392.070 generally require, with certain exceptions, that all children between 7 and 18 years of age in this State must attend a public school, enroll in a private school or be homeschooled; and
Whereas, S.B. 302 does not state in express terms how the education savings account program is to be applied to pupils younger than 7 years of age who are not required by statute to attend school but who are eligible to be enrolled in a public school; and
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Whereas, Under Nevadas education laws, the count of pupils for apportionment purposes for the States educational funding includes pupils younger than 7 years of age who are enrolled in a public school; and
Whereas, Under Nevadas education laws, the basic support of each school district must be computed by including pupils younger than 7 years of age who are enrolled in a public school; and
Whereas, Based on Nevadas education laws, it is the public policy of this State to include pupils younger than 7 years of age who are enrolled in a public school as part of the equation when the State calculates and distributes educational funding to each school district in Nevada; and
Whereas, By including such pupils in the States educational funding, the Legislature expressed its purpose and intent to allow those funds to be used by parents to establish education savings accounts for pupils younger than 7 years of age who are not required by statute to attend school but who are eligible to enroll in a public school because providing greater educational choices to such younger pupils in their critically important formative years is essential to promoting their educational success in later years; and
Whereas, S.B. 302 does not state in express terms how the education savings account program is to be applied to pupils of active duty members of the military who are stationed at military installations in Nevada; and
Whereas, In 2009, the Legislature enacted the Interstate Compact on Educational Opportunity for Military Children, codified as NRS 392C.010, to remove barriers to educational success for pupils of active duty members of the military who are stationed at military installations in Nevada and to facilitate the qualification, eligibility and enrollment of those pupils in educational programs so that they are not disadvantaged in their educational opportunities because of moving to or living in Nevada; and
Whereas, Based on the Interstate Compact on Educational Opportunity for Military Children, it is the public policy of this State to remove any barriers to educational success in educational programs like the education savings account program for pupils of active duty members of the military who are stationed at military installations in Nevada and to facilitate the qualification, eligibility and enrollment of those pupils in educational programs like the education savings account program so that they are not disadvantaged in their educational opportunities because of moving to or living in Nevada; and
Whereas, By enacting the Interstate Compact on Educational Opportunity for Military Children, the Legislature expressed its purpose and intent to give active duty members of the military who are stationed at military installations in Nevada a full and immediate opportunity to establish education savings accounts for their children to remove any barriers to their educational success and to facilitate their qualification, eligibility and enrollment in the education savings account program so that they are not disadvantaged in their educational opportunities because of moving to or living in Nevada; and
Whereas, Courts have stated that the controlling factor in statutory interpretation is to ascertain the purpose and intent of the Legislature in enacting the statute and to adopt an interpretation that best captures the Legislatures objectives; and
Whereas, Courts have stated that, because legislative purpose and intent is the controlling factor in statutory interpretation, courts should construe the statute with the view of promoting rather than defeating the legislative policies behind it and should adopt an interpretation that is in line with what reason and public policy would indicate the Legislature intended; and
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policies behind it and should adopt an interpretation that is in line with what reason and public policy would indicate the Legislature intended; and
Whereas, Courts have stated that, because legislative purpose and intent is the controlling factor in statutory interpretation, when the Legislature enacts the statute for a beneficial public purpose, courts should construe the statute liberally in its broadest possible sense in order to carry out the beneficial public purpose and fully achieve the benefits intended by the Legislature; and
Whereas, Courts have stated that, because legislative purpose and intent is the controlling factor in statutory interpretation, courts should not give the statute any meaning which conflicts with the Legislatures purpose and intent in enacting the statute or which violates the spirit of the statute or leads to absurd or unreasonable results; and
Whereas, Courts have stated that, because legislative purpose and intent is the controlling factor in statutory interpretation, courts should give the statute the effect intended by the Legislature even if the statute is inartfully drawn or worded; and
Whereas, Courts have stated that, because legislative purpose and intent is the controlling factor in statutory interpretation, when a literal reading of the statute conflicts with the Legislatures purpose and intent in enacting the statute, the Legislatures purpose and intent should prevail over the literal sense of the words; and
Whereas, Courts have stated that they will presume the Legislature enacted each statute with full knowledge of all other statutes, they will infer legislative purpose and intent by reading each statute in the context of all other statutes and they will strive to interpret each statute in harmony with all other statutes so as to render the statutes compatible whenever possible; now, therefore, be it
Resolved by the Senate of the State of Nevada, the Assembly Concurring, That the 78th Legislature of the State of Nevada, which enacted Senate Bill No. 302, chapter 332, Statutes of Nevada 2015, at page 1824, during the biennial regular session in 2015, hereby exercises its power to declare and express its original purpose and intent in enacting S.B. 302 with respect to:
1. Pupils younger than 7 years of age who are not required by statute to attend school but who are eligible to be enrolled in a public school; and
2. Pupils of active duty members of the military who are stationed at military installations in Nevada; and be it further
Resolved, That the Legislature enacted S.B. 302 for a beneficial public purpose to provide greater educational choices to pupils through the education savings account program; and be it further
Resolved, That in enacting S.B. 302, the original purpose and intent of the Legislature was to:
1. Have S.B. 302 interpreted in harmony with Nevadas education laws and in line with the public policy of this State to include pupils younger than 7 years of age who are enrolled in a public school as part of the equation when the State calculates and distributes educational funding to each school district in Nevada; and
2. Allow education savings accounts to be established for pupils younger than 7 years of age who are not required by statute to attend school but who are eligible to be enrolled in a public school, regardless of whether such pupils have been enrolled in a public school in this State for at least 100 school days without interruption during the period immediately preceding the establishment of the education savings account; and be it further
κ2015 Statutes of Nevada, 29th Special Session, Page 78 (FILE NUMBER 6, SCR 1)κ
least 100 school days without interruption during the period immediately preceding the establishment of the education savings account; and be it further
Resolved, That in enacting S.B. 302, the original purpose and intent of the Legislature was to:
1. Have S.B. 302 interpreted in harmony with the Interstate Compact on Educational Opportunity for Military Children, codified as NRS 392C.010, and in line with the public policy of this State to remove any barriers to educational success in educational programs like the education savings account program for pupils of active duty members of the military who are stationed at military installations in Nevada and to facilitate the qualification, eligibility and enrollment of those pupils in educational programs like the education savings account program so that they are not disadvantaged in their educational opportunities because of moving to or living in Nevada; and
2. Allow education savings accounts to be established for pupils of active duty members of the military who are stationed at military installations in Nevada, regardless of whether such pupils have been enrolled in a public school in this State for at least 100 school days without interruption during the period immediately preceding the establishment of the education savings account; and be it further
Resolved, That because the State Treasurer is required by S.B. 302 to adopt any regulations necessary or convenient to carry out the education savings account program, the Legislature hereby encourages the State Treasurer to adopt regulations to carry out the original purpose and intent of the Legislature in enacting S.B. 302; and be it further
Resolved, That the Legislature hereby exercises its power to provide direction, guidance and advice regarding its original purpose and intent in enacting S.B. 302 to the Legislative Commission and its Subcommittee to Review Regulations in performing their functions and duties under Section 1 of Article 3 of the Nevada Constitution and the Nevada Administrative Procedure Act to review any regulations adopted by the State Treasurer to carry out the education savings account program and to determine whether the regulations conform with statutory authority and carry out legislative intent; and be it further
Resolved, That if the Legislative Commission or its Subcommittee to Review Regulations determines that any regulations adopted by the State Treasurer to carry out the education savings account program conform with statutory authority and carry out legislative intent, the Legislature hereby requests that the Judicial Branch give that determination the greatest possible amount of respect and deference because the power to review regulations in Nevada is constitutionally and statutorily shared by the Legislative Branch and the Judicial Branch under Section 1 of Article 3 of the Nevada Constitution and the Nevada Administrative Procedure Act; and be it further
Resolved, That the Secretary of the Senate prepare and transmit a copy of this resolution to the Legislative Commission and its Subcommittee to Review Regulations, the Governor and the State Treasurer.
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κ2015 Statutes of Nevada, 29th Special Session, Page 79κ
Assembly Concurrent Resolution No. 1Committee on Legislative Operations and Elections
FILE NUMBER 7
Assembly Concurrent RESOLUTION — Adopting the Joint Rules of the Senate and Assembly for the 29th Special Session of the Nevada Legislature.
Resolved by the Assembly of the State of Nevada, the Senate Concurring, That the following Joint Rules of the Senate and Assembly for the 29th Special Session of the Legislature are hereby adopted:
APPLICABILITY OF JOINT RULES
Rule No. 1. Generally.
The Joint Rules for the 29th Special Session of the Legislature are applicable only during the 29th Special Session of the Legislature.
CONFERENCE COMMITTEES
Rule No. 2. Procedure Concerning.
1. 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 chairs 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.
2. 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. A conference committee shall not recommend any action which would cause the creation of more than one reprint or more than one bill or resolution.
3. The report of a conference committee may be adopted by acclamation. The report is not subject to amendment.
4. There shall be but one conference committee 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.
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MESSAGES
Rule No. 3. Procedure Concerning.
1. Proclamations by the Governor convening the Legislature in special session must be filed and entered in the Journal of proceedings.
2. Whenever a message from the Governor is received, it shall be entered in full in the Journal of proceedings.
3. Messages from the Senate to the Assembly shall be delivered by the Secretary or a person designated by the Secretary and messages from the Assembly to the Senate shall be delivered by the Chief Clerk or a person designated by the Chief Clerk.
NOTICE OF FINAL ACTION
Rule No. 4. 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. 5. 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. 6. Joint Sponsorship.
1. A bill or resolution introduced by a committee of the Senate or Assembly may, at the direction of the chair of the committee, set forth the name of a 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. The Legislative Counsel shall not cause to be printed the name of a committee as a joint sponsor on the face of a bill or resolution unless the chair of the committee has signed his or her 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 4.
3. Upon introduction, any bill or resolution that sets forth the names of primary joint sponsors must be numbered in the same numerical sequence as other bills and resolutions of the same House of origin are numbered.
4. Once a bill or resolution has been introduced, a primary joint sponsor or nonprimary joint sponsor may only be added or removed by amendment of the bill or resolution.
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amendment of the bill or resolution. An amendment which proposes to add or remove a 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 committee as a primary joint sponsor, the statement must be signed by the chair of the committee. A copy of the statement must be transmitted to the Legislative Counsel if the amendment is adopted.
5. An amendment that proposes to add or remove a 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.
PUBLICATIONS
Rule No. 7. Ordering and Distribution.
1. The bills, resolutions, journals and histories will be provided electronically to the officers and members of the Senate and Assembly, the staff of the Legislative Counsel Bureau, the press and the general public on the Nevada Legislatures Internet website.
2. Each House may order the printing of bills introduced, reports of its own committees, and other matters 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. 8. 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 Standing Rules which requires a majority vote of each House for adoption.
(b) Request the return from the Governor of an enrolled bill for further consideration.
(c) Request the return from the Secretary of State of an enrolled joint or concurrent resolution for further consideration.
(d) Resolve that the return of a bill from one House to the other House is necessary and appropriate.
(e) Express facts, principles, opinions and purposes of the Senate and Assembly.
(f) Establish a joint committee of the two Houses.
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(g) Direct the Legislative Commission to conduct an interim study.
3. A concurrent resolution or a resolution of one House may be used to memorialize a former member of the Legislature or other notable or distinguished person upon his or her death.
4. A resolution of one House may be used to request the return from the Secretary of State of an enrolled resolution of the same House for further consideration.
5. A resolution of one House may be used for any additional purpose determined appropriate by the Majority Leader of the Senate or the Speaker of the Assembly, respectively.
AMENDMENTS
Rule No. 9. Germaneness Required.
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.
ADJOURNMENT
Rule No. 10. Limitations and Calculation of Duration.
1. In calculating the permissible duration of an adjournment for 3 days or less, 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 may be taken to permit a committee 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. 11. 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.
RECORDS OF COMMITTEE PROCEEDINGS
Rule No. 12. Duties of Secretary of Committees and Director.
1. Each committee shall cause a record to be made of the proceedings of its meetings.
2. The secretary of a committee shall:
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(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 upon their completion with the Director of the Legislative Counsel Bureau.
3. The Director of the Legislative Counsel Bureau shall:
(a) Make the records available for accessing by any person during office hours under such reasonable conditions as the Director may deem necessary; and
(b) Retain the records for two bienniums and at the end of that period keep some form or copy of the record in any manner the Director deems reasonable to ensure access to the record in the foreseeable future.
Rule No. 13. Reserved.
ANTI-HARASSMENT POLICY
Rule No. 14. Maintenance of Working Environment; Procedure for Filing, Investigating and Taking Remedial Action on Complaints.
1. The Legislature hereby declares that it is the policy of the Legislature to prohibit any conduct, whether intentional or unintentional, which results in sexual harassment or other unlawful harassment based upon any other protected category. The Legislature intends to maintain a working environment which is free from sexual harassment and other unlawful harassment. Each Legislator 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 persons 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 persons work performance or creating an intimidating, hostile or offensive working environment.
3. Each Legislator must exercise his or her 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 or her sex; and
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(d) Threats and demands to submit to sexual requests to keep a persons job or avoid some other loss, and offers of employment benefits in return for sexual favors.
4. Retaliation against a person for engaging in protected activity is prohibited. Retaliation occurs when an adverse action is taken against a person which is reasonably likely to deter the person from engaging in the protected activity. Protected activity includes, without limitation:
(a) Opposing conduct that the person reasonably believes constitutes sexual harassment or other unlawful harassment;
(b) Filing a complaint about the conduct; or
(c) Testifying, assisting or participating in any manner in an investigation or other proceeding related to a complaint of sexual harassment or other unlawful harassment.
5. A Legislator who encounters conduct that the Legislator believes is sexual harassment, other unlawful harassment, retaliation or otherwise inconsistent with this policy 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.
Κ The complaint must include the details of the incident or incidents, the names of the persons involved and the names of any witnesses.
6. The Speaker of the Assembly, the Majority Leader of the Senate or the Director of the Legislative Counsel Bureau, as appropriate, shall cause a discreet and impartial investigation to be conducted and may, when deemed necessary and appropriate, assign the complaint to a committee consisting of Legislators of the appropriate House.
7. If the investigation reveals that sexual harassment, other unlawful harassment, retaliation or other conduct in violation of this policy has occurred, appropriate disciplinary or remedial action, or both will be taken. The appropriate persons will be informed when any such action is taken. The Legislature will also take any action necessary to deter any future harassment.
8. The Legislature encourages a Legislator to report any incident of sexual harassment, other unlawful harassment, retaliation or other conduct inconsistent with this policy immediately so that the complaint can be quickly and fairly resolved.
9. All Legislators are responsible for adhering to the provisions of this policy. The prohibitions against engaging in sexual harassment and other unlawful harassment which are set forth in this Rule apply to employees, Legislators, lobbyists, vendors, contractors, customers and any other visitors to the Legislature.
10. This policy does not create any enforceable legal rights in any person.
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