[Rev. 2/6/2019 3:06:01 PM]
RESOLUTIONS AND MEMORIALS
κ2009 Statutes of Nevada, Page 3107κ
RESOLUTIONS AND MEMORIALS
________
Senate Resolution No. 1Senators Horsford and Raggio
FILE NUMBER 1
SENATE RESOLUTION — Adopting the Standing Rules of the Senate for the 75th Session of the Legislature.
Resolved by the Senate of the State of Nevada, That the Senate Standing Rules are hereby adopted for the 75th Session of the Legislature as follows:
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 and Other Presiding Officers.
1. Except as otherwise provided in subsection 2:
(a) 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.
(b) In the absence or inability of the President Pro Tem to discharge the duties of the Presidents office, the Chair of the Standing Committee on Legislative Operations and Elections shall serve as the presiding officer. In the absence or inability of the Chair, the Vice Chair of the Standing Committee on Legislative Operations and Elections shall serve as the presiding officer. In the absence or inability of the Vice Chair of the Standing Committee on Legislative Operations and Elections, the Senate shall elect one of its members to serve as the presiding officer. 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.
κ2009 Statutes of Nevada, Page 3108 (FILE NUMBER 1, SR 1)κ
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 Tem or another member is serving as the presiding officer, the President Pro Tem or other member may vote on any question for which he is otherwise qualified to vote as a member. If the Senate is equally divided on the question, the President Pro Tem or other member may not give an additional deciding vote or casting vote pursuant to Senate Standing Rule No. 31 or Section 17 of Article 5 of the Nevada Constitution.
Rule No. 3. Secretary.
1. The Secretary of the Senate is elected by the Senate, and shall:
(a) Interview and recommend to the Standing Committee on Legislative Operations and Elections persons to be considered for employment to assist the Secretary.
(b) See that these employees perform their respective duties.
(c) Administer the daily business of the Senate, including the provision of secretaries to its committees.
(d) Unless otherwise ordered by the Senate, transmit at the end of each working day those bills and resolutions upon which the next action is to be taken by the Assembly.
2. The Secretary is responsible to the Majority Leader.
Rule No. 4. Sergeant at Arms.
1. The Sergeant at Arms shall attend the Senate during its sittings, and execute its commands and all process issued by its authority. He must be sworn to keep the secrets of the Senate.
2. The Sergeant at Arms shall:
(a) Superintend the upkeep of the Senates Chamber, private lounge, and meeting rooms for committees.
(b) Interview and recommend to the Standing Committee on Legislative Operations and Elections 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 oclock a.m., unless the Senate has adjourned to some other hour.
κ2009 Statutes of Nevada, Page 3109 (FILE NUMBER 1, SR 1)κ
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.
Rule No. 22. Reserved.
κ2009 Statutes of Nevada, Page 3110 (FILE NUMBER 1, SR 1)κ
Rule No. 23. Committee on Ethics; Legislative Ethics.
1. The Committee on Ethics consists of:
(a) Two members of the Senate appointed by the Majority Leader from the majority political party;
(b) One member of the Senate appointed by the Minority Leader from the minority political party; and
(c) Four qualified electors of the State, two of whom are appointed by the Majority Leader, one who is appointed by the Minority Leader, and one who is appointed by the other members appointed to the Committee, and none of whom is a present member of the Legislature or employed by the State of Nevada.
Κ Not more than four members of the Committee may be members of the same political party.
2. The Majority Leader shall appoint the Chair and Vice Chair of the Committee. The Vice Chair shall serve as the acting Chair if the Chair is unable to serve for any reason during the consideration of a specific question.
3. The Majority Leader shall appoint an alternate member with the qualifications set forth in paragraph (a) of subsection 1 and an alternate member with the qualifications set forth in paragraph (c) of subsection 1. The Minority Leader shall appoint an alternate member with the qualifications set forth in paragraph (b) of subsection 1 and an alternate member with the qualifications set forth in paragraph (c) of subsection 1. The members of the Committee shall appoint an alternate member with the qualifications set forth in paragraph (c) of subsection 1. If a member of the Committee is unable to serve for any reason during the consideration of a specific question, the alternate appointed with the qualifications from the same paragraph in subsection 1 by the same appointing authority shall serve as a member of the Committee during the consideration of the specific question.
4. A member of the Committee is disqualified to serve during the consideration of a specific question if:
(a) The member is the requester of advice concerning the question of ethics or conflict of interest, or the member is the subject of the complaint concerning the specific question; or
(b) A reasonable person in the members situation could not exercise independent judgment on the matter in question.
5. The Committee:
(a) May hear requests brought by Senators for advice on specific questions of potential breaches of ethics and conflicts of interest; and
(b) Shall hear complaints brought by Senators and others on specific questions of alleged breaches of ethics and conflicts of interest.
6. All proceedings held to consider the character, alleged misconduct, professional competence or physical or mental health of any person by the Committee on matters of ethics or conflicts of interest are confidential unless a Legislator:
(a) Against whom a complaint is brought requests a public hearing;
(b) Discloses the content of an opinion of the Committee at any time after his hearing; or
(c) Discloses the content of an advisory opinion issued to him by the Committee.
κ2009 Statutes of Nevada, Page 3111 (FILE NUMBER 1, SR 1)κ
7. A complaint which alleges a breach of ethics or a conflict of interest must be:
(a) Made in writing on a form provided by the Secretary of the Senate;
(b) Signed and verified under penalty of perjury by the person making the allegation; and
(c) Filed with the Chair of the Committee or, if the Chair is the subject of the complaint, with the Vice Chair. The Chair or Vice Chair, as appropriate, shall send a copy of the complaint, within 24 hours after receiving it, to the Legislator against whom the complaint is brought.
8. 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 position upon the matter in question would be materially affected by:
(a) His acceptance of a gift or loan;
(b) His private economic interest; or
(c) His commitment to a member of his household or his immediate family.
9. Except as otherwise provided in subsection 10, if a Legislator knows he has a conflict of interest pursuant to subsection 8, 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.
10. 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.
11. 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 8, the Legislator should consider whether:
(a) The conflict impedes his independence of judgment; and
(b) His interest is greater than the interests of an entire class of persons similarly situated.
12. 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
(b) Require a Legislator to take any particular action before or while requesting or introducing a legislative measure.
13. 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 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.
κ2009 Statutes of Nevada, Page 3112 (FILE NUMBER 1, SR 1)κ
14. Except as otherwise provided in the Joint Standing Rules, 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 8:
(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.
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 yea or nay 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) Explain his vote or discuss the question while the voting is in progress; or
(c) 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 52-56 of NRS, and chapters 118B, 461, 461A, 489, 679A-693A and 694A-697 of NRS, except measures affecting primarily state and local revenue.
κ2009 Statutes of Nevada, Page 3113 (FILE NUMBER 1, SR 1)κ
(b) Finance, seven members, with jurisdiction over measures primarily affecting chapters 286, 387 and 400 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.
(c) Government Affairs, seven members, with jurisdiction over measures affecting primarily the districts from which members of the Legislature are elected, and titles 18, 20-22, 25, 27, 28, 30 and 31 of NRS, and chapters 234-239B, 240-242, 407, 472-474, 477 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) Health and Education, seven members, with jurisdiction over measures primarily affecting titles 33 and 37-39 of NRS, and chapters 385, 386, 388-399, 439-444, 446-458A, 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 the provisions of the Nevada Administrative Procedure Act that govern the adjudication of contested cases, titles 1-9, 11-16 and 41 of NRS, and chapters 111-118A, 119-120A, 219, 289, 475 and 719 of NRS, except measures affecting primarily state and local revenue.
(f) Legislative Operations and Elections, seven members, with jurisdiction over measures affecting primarily titles 24 and 29 of NRS, and chapters 218, 220, 281-285, 287 and 288 of NRS, and the operation of the legislative session, except measures affecting primarily the districts from which members of the Legislature are elected and their qualifications, resignations and privileges, the provisions of the Nevada Administrative Procedure Act that govern the adjudication of contested cases and state and local revenue.
(g) Natural Resources, seven members, with jurisdiction over measures primarily affecting titles 26 and 45-50 of NRS, and chapters 444A-445D, 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) Energy, Infrastructure and Transportation, seven members, with jurisdiction over measures affecting primarily titles 36, 44 and 58 of NRS, and chapters 239C, 403-405, 408, 410, 459, 476, 480-487, 490 and 693B of NRS, except measures affecting primarily state and local revenue.
2. The Chair 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.
κ2009 Statutes of Nevada, Page 3114 (FILE NUMBER 1, SR 1)κ
Rule No. 41. Appointment of Alternates.
If the chair or any member of a committee is temporarily unable to perform his duties, the Majority Leader shall appoint an alternate of the same political party to serve in his place for such time as is determined by the Majority Leader.
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 acquaint themselves with the interests of the State specially represented by the committee and shall present such bills and reports as in their judgment will advance the interests and promote the welfare of the people of the State.
Rule No. 44. Committee on Legislative Operations and Elections.
The Standing Committee on Legislative Operations and Elections shall recommend by resolution the appointment of all attaches and employees of the Senate not otherwise provided for by law. It may suspend any attache or employee for incompetency or dereliction of duty, pending final action by the Senate.
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 Chair to preside. All amendments proposed by the Committee shall be reported by the Chair 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 yeas and nays 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 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.
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.
κ2009 Statutes of Nevada, Page 3115 (FILE NUMBER 1, SR 1)κ
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, for re-referral, or for any other reason without a two-thirds vote of the Senate, and at least one days 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, Masons 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 of a committee or those called by the chair of the committee, meetings may be set by a written petition of a majority of the committee and filed with the chair of the 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 the chair of a committee to consider subjects specified by the committee and shall report back to the committee. If a subcommittee is so appointed, the committee shall determine whether the subcommittee shall keep minutes of its meetings. Any minutes required to be kept pursuant to this subsection must comply with the provisions of subsection 12.
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 chair of the committee must be present when the committee votes to take any final actions on bills or resolutions, but the chair is not required to vote. 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.
κ2009 Statutes of Nevada, Page 3116 (FILE NUMBER 1, SR 1)κ
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. The chair of a committee shall determine the agenda of each meeting of the committee except that a member of the committee may request an item for the agenda by communicating with the chair at least 4 days before the meeting. A majority of a committee may, by vote, add an item to the agenda of the next regularly scheduled meeting.
11. Secretaries to committees shall give notices of hearings on bills to anyone requesting notices of particular bills.
12. All committees shall keep minutes of meetings. The minutes must cover members present and absent, subjects under discussion, witnesses who appear, committee members statements concerning legislative intent, action taken by the committee, as well as the vote of individual members on all matters on which a vote is taken. Any member may submit to the secretary additional remarks to be included in the minutes and records of committee meetings. At the conclusion of the legislative session, the Secretary of the Senate shall deliver all minutes and records of committee meetings in her possession to the Director of the Legislative Counsel Bureau.
13. In addition to the minutes, the committee secretary shall maintain a record of all bills, including:
(a) Date bill referred;
(b) Date bill received;
(c) Date set for hearing the bill;
(d) Date or dates bill heard and voted upon; and
(e) Date report prepared.
14. Each committee secretary shall file the minutes of each meeting with the Secretary of the Senate as soon as practicable after the meeting.
15. All committee minutes and any subcommittee minutes required to be kept pursuant to subsection 6 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 committees 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.
κ2009 Statutes of Nevada, Page 3117 (FILE NUMBER 1, SR 1)κ
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 refer to committee.
7. To amend.
8. To postpone indefinitely.
Κ The first four shall be decided without debate.
Rule No. 62. When Not Entertained.
1. When a motion to refer to committee, 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 refer to committee or to 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.
κ2009 Statutes of Nevada, Page 3118 (FILE NUMBER 1, SR 1)κ
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 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. 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 standing rules and orders of the Senate, and the joint rules of the Senate and Assembly.
κ2009 Statutes of Nevada, Page 3119 (FILE NUMBER 1, SR 1)κ
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 days 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.
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;
(c) Employees of the Legislative Counsel Bureau;
(d) Attaches 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 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.
κ2009 Statutes of Nevada, Page 3120 (FILE NUMBER 1, SR 1)κ
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 and Resolutions
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 or after introduction of a bill, a list of witnesses who are proponents of the bill together with their addresses and telephone numbers may be given to the secretary of the committee to which the bill is referred. This information may be provided by:
κ2009 Statutes of Nevada, Page 3121 (FILE NUMBER 1, SR 1)κ
(a) The Senator introducing the bill;
(b) The person requesting a committee introduction of the bill; or
(c) The chair of the committee introducing the bill.
2. The secretary of the committee shall deliver this information to the chair 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 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. 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;
(c) It requires a two-thirds vote of the Senate; or
(d) It is controversial in nature.
3. A bill or joint resolution recommended for placement on the Consent Calendar must be included in the Daily File listed in the Daily History of the Senate at least 1 calendar day before it may be considered.
4. A bill or joint resolution must be removed from the Consent Calendar at the request of any Senator. A bill or joint resolution so removed must be immediately placed on the Second Reading File for consideration in the usual order of business.
5. When the Consent Calendar is called:
(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.
Rule No. 111. Printing.
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.
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Rule No. 112. Sponsorship.
1. A Senator may rise and request that his name be added as a sponsor of a bill or resolution that is introduced in the Senate if the Senator has submitted to the Secretary of the Senate a statement approving the request signed by the Senator who introduced the bill or resolution. A Senator may make a request to have his name added as a sponsor of:
(a) A resolution of the Senate, at any time after the resolution is introduced in the Senate and before the resolution is passed by the Senate.
(b) A bill or a joint or concurrent resolution:
(1) At any time after the bill or resolution is introduced in the Senate and before the bill or resolution is passed out of the Senate to the Assembly; and
(2) At any time after the bill or resolution is returned to the Senate following passage by the Assembly and before the bill or resolution is enrolled.
2. A Senator who is a sponsor of a bill or resolution that is introduced in the Senate may rise and request that his name be removed as a sponsor of the bill or resolution. A Senator may make a request to have his name removed as a sponsor of:
(a) A resolution of the Senate, at any time after the resolution is introduced in the Senate and before the resolution is passed by the Senate.
(b) A bill or a joint or concurrent resolution:
(1) At any time after the bill or resolution is introduced in the Senate and before the bill or resolution is passed out of the Senate to the Assembly; and
(2) At any time after the bill or resolution is returned to the Senate following passage by the Assembly and before the bill or resolution is enrolled.
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 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 ordered to the General File. The File must be 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. An appropriate number of copies of all amended bills must be printed.
Rule No. 114. Referral of Bill With Special Instructions.
A bill may be referred to committee with special instructions to amend at any time before taking the final vote.
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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.
Rule No. 118. Certain Resolutions Treated as Bills.
1. 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.
2. A joint resolution proposing an amendment to the Constitution must be entered in the Journal in its entirety.
Rule No. 119. Certain Resolutions Treated as Motions.
Resolutions, other than those referred to in Senate Standing Rule No. 118, must be treated as motions in all proceedings of the Senate.
Rule No. 119.2. 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.
C. Order of Business, Special Orders and Other Matters
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.
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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.
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(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.
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Senate Resolution No. 2Senators Horsford and Raggio
FILE NUMBER 2
Senate RESOLUTION — Providing allowances to the leadership and other members of the Senate for periodicals, stamps, stationery and communications.
Resolved by the Senate of the State of Nevada, That the sum to be allowed, as provided by law, for each member of the Senate for periodicals, stamps and stationery is $60 and for the use of telephones is $2,800, and the sum to be allowed, as provided by law, for the President and President Pro Tempore of the Senate, the Majority and Minority Leaders of the Senate, and the chairman of each standing committee of the Senate for postage, telephone tolls and other charges for communications is $900; and be it further
Resolved, That these amounts be certified by the President and the Secretary to the State Controller, who is authorized to draw his warrants therefor on the Legislative Fund, and the State Treasurer is thereafter authorized to pay these warrants.
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κ2009 Statutes of Nevada, Page 3126κ
Senate Resolution No. 3Committee on Legislative Operations and Elections
FILE NUMBER 3
Senate RESOLUTION — Providing for the appointment of the Senate attaches.
Resolved by the Senate of the State of Nevada, That the following persons are elected as attaches of the Senate for the 75th Session of the Legislature of the State of Nevada: Laura Adler, Carol L. Allen, Judi Anker-Nissen, Michael Archer, Sandra Arraiz, Chuck Askey, Frank Baird, Jeanne Baret, Ricka Benum, Stella Blood, Michael Bohling, Billie Brinkman, Kyle Casci, Marie Cavin, Cindy Clampitt, Cynthia Cook, Pat Devereux, Molly Dondero, Maureen Duarte, Guy Duensing, Deanna Duncan, Suzanne Efford, Vicki J. Folster, Susan Gaither, Linda Gentry, Jane Gill, David Goodheart, Ted Goodson, Louis Granier, Randy Halligan, Lynn Hendricks, Gail Herstead, Joyce Hollister, Barbara Honey, Sandra Hudgens, Betty Ihfe, Judy Jackson, Karen Johansen, Delia John, Ardyss Johns, Betty Kaminski, Alyce King, Shauna Kirk, John A. LaRue, Lydia Lee, Mary Lee, Olivia Lodato, Sherry Loncar, Maudie Long, Josh Martinmaas, Evelyn Mattheus, Roberta McCollum, Janet Meredith, Terri Miller, Julie Mogensen, Arzella Moots, Ann-Berit Moyle, Stephen Myers, Juliet Newman, Patricia OFlinn, Shirley Parks, Lyndl Payne, John Perondi, Elisa Pfister, Mary Phillips, Jerry Pieretti, Ruth Pierini, Gena Plummer, Gina Rasner, Bobbie Richards, Sherry L. Rodriguez, Cynthia Ross, Marion Sandoval, Paula M. Saponaro, Makita Schichtel, Sandra Small, Adam Stryker, Kathleen Swain, Joan Thran, Judith Toscano, Candy Trenoweth, Lela Uptergrove, JoAnn Wessel, Norm Wessel, Fred White, Susan Whitford, Mike Wiley, Leticia Wischmeier, Jeanine M. Wittenberg, Carolyn Wood, Jack Wood and Sharlyn Woolley.
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Assembly Concurrent Resolution No. 1Committee on Elections, Procedures, Ethics, and Constitutional Amendments
FILE NUMBER 4
Assembly Concurrent RESOLUTION — Adopting the Joint Standing Rules of the Senate and Assembly for the 75th 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 for the 75th Session of the Legislature are hereby adopted as follows:
CONFERENCE COMMITTEES
Rule No. 1. 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 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.
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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.
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.
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.
MESSAGES
Rule No. 2. Biennial Message of the Governor.
Upon motion, the biennial message of the Governor must be received and read and entered in full in the Journal of proceedings.
Rule No. 2.2. Other Messages From the Governor.
Whenever a message from the Governor is received, it shall be read and entered in full in the Journal of proceedings.
Rule No. 2.4. Proclamation by the Governor Convening Special Session.
Proclamations by the Governor convening the Legislature in special session must, by direction of the presiding officer of each House, be read immediately after the convening of the special session, and must be filed and entered in the Journal of proceedings.
Rule No. 2.6. Messages Between Houses.
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.
κ2009 Statutes of Nevada, Page 3128 (FILE NUMBER 4, ACR 1)κ
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. Not more than five Legislators from each House may be set forth on the face of a bill or resolution as primary joint sponsors. 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.
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amendment submitted to the front desk of the House of origin of the amendment. If the amendment proposes to add or remove a Legislator as a primary joint sponsor or non-primary joint sponsor, the statement must be signed by that Legislator. If the amendment proposes to add or remove a standing committee as a joint sponsor, the statement must be signed by the chairman of the committee. A copy of the statement must be transmitted to the Legislative Counsel if the amendment is adopted.
6. An amendment that proposes to add or remove a primary joint sponsor or non-primary joint sponsor may include additional proposals to change the substantive provisions of the bill or resolution or may be limited only to the proposal to add or remove a primary joint sponsor or non-primary joint sponsor.
PRINTING
Rule No. 6. Ordering and Distribution.
Each House may order the printing of bills introduced, reports of its own committees, and other matter pertaining to that House only; but no other printing may be ordered except by a concurrent resolution passed by both Houses. Each Senator is entitled to the free distribution of four copies of each bill introduced in each House, and each Assemblyman to such a distribution of two copies. Additional copies of such bills may be distributed at a charge to the person to whom they are addressed. The amount charged for distribution of the additional copies must be determined by the Director of the Legislative Counsel Bureau to approximate the cost of handling and postage for the entire session.
RESOLUTIONS
Rule No. 7. Types, Usage and Approval.
1. A joint resolution must be used to:
(a) Propose an amendment to the Nevada Constitution.
(b) Ratify a proposed amendment to the United States Constitution.
(c) Address the President of the United States, Congress, either House or any committee or member of Congress, any department or agency of the Federal Government, or any other state of the Union.
2. A concurrent resolution must be used to:
(a) Amend these Joint Rules.
(b) Request the return from the Governor of an enrolled bill for further consideration.
(c) 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, opinion and purposes of the Senate and Assembly.
(f) Establish a joint committee of the two Houses.
(g) 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.
κ2009 Statutes of Nevada, Page 3130 (FILE NUMBER 4, ACR 1)κ
(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 Operations and Elections or the Assembly Committee on Elections, Procedures, Ethics, and Constitutional Amendments before submission to the Legislative Counsel.
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.
VETOES
Rule No. 8. Special Order.
1. Bills which have passed the Legislature, and which are returned after the Governors disapproval, or veto of the same, shall:
(a) Be taken up and considered immediately upon the coming in of the message transmitting the same; or
(b) Become the subject of a special order.
2. When the message is received or, if made a special order, 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 Secretary of the Senate and the Chief Clerk of the Assembly shall, without interruption, read the message and the bill consecutively, the bill following the message; and the message and the bill must not be read 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?
3. It shall not be in order, at any time, to vote upon such vetoed bill without the same shall have first been read; 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.
Rule No. 9.5. Adjournment Sine Die.
1. The Legislature shall not take any action on a bill or resolution after midnight Pacific Daylight Time on the 120th calendar day of session.
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2. A Legislator shall not take any action to impede the progress of the Legislature in completing its business by the time specified in subsection 1.
3. Any action taken in violation of subsection 2 shall be deemed out of order.
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 one-third or less 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 one-fifth of the total number elected to that House.
(b) Two, if such membership is at least one-fifth but not more than one-third of the total number elected to that House. If the members of the minority party in the Senate or in the Assembly comprise more than one-third 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 Legislators 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, 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.
κ2009 Statutes of Nevada, Page 3132 (FILE NUMBER 4, ACR 1)κ
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 upon 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 he 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 he deems reasonable to ensure access to the record in the foreseeable future.
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,
Κ 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 19th 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 or joint resolution. 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 19th 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.
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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 statutory committees and 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 or joint resolution may only be introduced on or before:
(1) The 10th calendar day following delivery of the introductory copy of the bill or joint resolution; or
(2) The last day for introduction of the bill or joint resolution as required by paragraph (d),
Κ whichever is earlier.
(b) If a bill or joint resolution 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 or joint resolution. The revised bill or joint resolution may only be introduced on or before:
(1) The 15th calendar day following delivery of the original introductory copy of the bill or joint resolution; or
(2) The last day for introduction of the bill or joint resolution as required by paragraph (d),
Κ whichever is earlier.
κ2009 Statutes of Nevada, Page 3134 (FILE NUMBER 4, ACR 1)κ
(c) If the bill or joint resolution 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 or joint resolution. A bill or joint resolution 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 joint resolution; or
(2) The last day for introduction of the bill or joint resolution as required by paragraph (d),
Κ whichever is earlier.
(d) Except as otherwise provided in subsection 3, the last day for introduction of a bill or joint resolution 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 or joint resolution the final date on which the bill or joint resolution may be introduced.
3. If the final date on which the bill or joint resolution may be introduced falls upon a day on which the House in which the bill or joint resolution is to be introduced is not in session, the bill or joint resolution 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.
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 or joint resolution is referred in its House of origin may only take action on the bill or joint resolution on or before the 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 or joint resolution may only be taken by the House of origin on or before the 79th calendar day of the legislative session.
3. The final standing committee to which a bill or joint resolution is referred in the second House may only take action on the bill or joint resolution on or before the 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 or joint resolution may only be taken by the second House on or before the 110th calendar day of the legislative session.
Κ No notice of reconsideration of any final vote on a bill or joint resolution is in order on the last day on which final action is allowed.
κ2009 Statutes of Nevada, Page 3135 (FILE NUMBER 4, ACR 1)κ
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.
(c) Must indicate the Legislator or committee on whose behalf the waiver is being granted.
κ2009 Statutes of Nevada, Page 3136 (FILE NUMBER 4, ACR 1)κ
(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 of 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,
Κ 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 or eligible for exemption after it is printed. When a bill is determined to be exempt or eligible for an exemption after the bill was printed a notation 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 reprints of the bill after the bill becomes exempt.
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 the bill becomes exempt pursuant to subsection 1.
κ2009 Statutes of Nevada, Page 3137 (FILE NUMBER 4, ACR 1)κ
until the bill becomes exempt pursuant to subsection 1. A bill that has become 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 or eligible for exemption 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 measure that primarily relates to carrying 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.
κ2009 Statutes of Nevada, Page 3138 (FILE NUMBER 4, ACR 1)κ
between the time of their designation after the general election and the organization of the next succeeding regular session.
Rule No. 16. Reserved.
DATE OF FIRST JOINT BUDGET HEARING
Rule No. 17. Requirement.
The first joint meeting of the Senate Standing Committee on Finance and the Assembly Standing Committee on Ways and Means to consider the budgets of the agencies of the State must be held on or before the 92nd 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.
κ2009 Statutes of Nevada, Page 3139 (FILE NUMBER 4, ACR 1)κ
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 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 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 persons 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,
Κ when submission to such conduct is made either explicitly or implicitly a term or condition of a persons 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 persons 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 persons 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;
κ2009 Statutes of Nevada, Page 3140 (FILE NUMBER 4, ACR 1)κ
(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. 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, Ethics, and Constitutional Amendments of the Assembly or the Committee on Legislative Operations and Elections 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 persons 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.
κ2009 Statutes of Nevada, Page 3141 (FILE NUMBER 4, ACR 1)κ
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.
________
Assembly Resolution No. 1Committee on Elections, Procedures, Ethics, and Constitutional Amendments
FILE NUMBER 5
Assembly RESOLUTION — Adopting the Standing Rules of the Assembly for the 75th Session of the Legislature.
Resolved by the Assembly of the State of Nevada, That the Assembly Standing Rules are hereby adopted for the 75th Session of the Legislature as follows:
I. OFFICERS AND EMPLOYEES
Duties of Officers
Rule No. 1. Speaker of the Assembly.
1. All officers of the Assembly are subordinate to the Speaker in all that relates to the prompt, efficient and correct discharge of their official duties under the Speakers supervision.
2. Possessing the powers and performing the duties described in this Rule, the Speaker shall:
(a) Take the chair at the hour to which the Assembly stands adjourned, call the members to order, and upon the appearance of a quorum, proceed to business.
(b) Preserve order and decorum and have general direction of the Chamber of the Assembly and the approaches thereto. In the event of any disturbance or disorderly conduct therein, order the same to be cleared.
κ2009 Statutes of Nevada, Page 3142 (FILE NUMBER 5, AR 1)κ
(c) Decide all questions of order, subject to a members right to appeal to the Assembly. On appeal from such decisions, the Speaker has the right, in the Speakers place, to assign the reason for the decision.
(d) Have the right to name any member to perform the duties of the Chair, but such substitution must not extend beyond one legislative day.
(e) Have the power to accredit the persons who act as representatives of the news media and assign them seats.
(f) Sign all bills and resolutions passed by the Legislature as provided by law.
(g) Sign all subpoenas issued by the Assembly.
(h) Receive all messages and communications from other departments of the government and announce them to the Assembly.
(i) Represent the Assembly, declare its will and in all things obey its commands.
(j) Vote on final passage of a bill or resolution, but the Speaker shall not be required to vote in ordinary legislative proceedings except where the Speakers vote would be decisive. In all yea and nay votes, the Speakers name must be called last.
3. If a vacancy occurs in the office of Speaker, through death, resignation or disability of the Speaker, the Speaker Pro Tempore shall temporarily and for the period of vacancy or disability conduct the necessary business of the Assembly.
4. If a permanent vacancy occurs in the office of Speaker, the Assembly shall select a new Speaker.
Rule No. 2. Reserved.
Rule No. 3. Chief Clerk.
1. The Chief Clerk is elected by the Assembly and is responsible to the Speaker.
2. The Chief Clerk shall recruit, select, train and supervise all attaches employed to assist with the work of the Assembly.
3. The Chief Clerk shall administer the daily business of the Assembly.
4. The Chief Clerk shall adopt such administrative policies as she deems necessary to carry out the business of the Assembly.
Rule No. 4. Reserved.
Rule No. 5. Reserved.
Rule No. 6. Reserved.
The next rule is 10.
II. SESSIONS AND MEETINGS
Rule No. 10. Time of Meeting.
The Assembly shall meet each day at 11 a.m., unless the Assembly adjourns to some other hour.
κ2009 Statutes of Nevada, Page 3143 (FILE NUMBER 5, AR 1)κ
Rule No. 11. Open Meetings.
All meetings of the Assembly and its committees must be open to the public.
Rule No. 12. Reserved.
The next rule is 20.
III. DECORUM AND DEBATE
Rule No. 20. Points of Order.
If any member, in speaking or otherwise, transgresses the rules of the Assembly, the Speaker shall, or any member may, call to order, in which case the member so called to order shall immediately sit down, unless permitted to explain; and if called to order by a member, such member shall immediately state the point of order. If the point of order be sustained by the presiding officer, the member shall not be allowed to proceed; but if it be not sustained, then he shall be permitted to go on. Every such decision from the presiding officer shall be subject to an appeal to the House; but no discussion of the question of order shall be allowed unless an appeal be taken from the decision of the presiding officer.
Rule No. 21. Portable Electronic Communication Devices.
1. A person who is within the Assembly Chambers or within an Assembly committee room shall not engage in a telephone conversation via the use of a portable telephone.
2. Before entering the Assembly Chambers or an Assembly committee room, any person who possesses a portable electronic communication device, such as a pager or telephone, that emits an audible alert, such as a ringing or beeping sound, to signal an incoming message or call, shall turn the audible alert off. A device that contains a nonaudible alert, such as a silent vibration, may be operated in a nonaudible manner within the Assembly Chambers or within an Assembly committee room.
Rule No. 22. Reserved.
Rule No. 23. Select Committee on Ethics; Legislative Ethics.
1. The Select Committee on Ethics consists of:
(a) Two members of the Assembly appointed by the Speaker from the majority political party;
(b) One member of the Assembly appointed by the Minority Leader from the minority political party; and
(c) Three qualified electors of the State, two of whom are appointed by the Speaker and one who is appointed by the Minority Leader, and none of whom is a present member of the Legislature or employed by the State of Nevada.
2. The Speaker shall appoint the Chairman and Vice Chairman of the Committee. The Vice Chairman shall serve as the acting Chairman if the Chairman is unable to serve for any reason during the consideration of a specific question.
3. The Speaker shall appoint an alternate member with the qualifications set forth in paragraph (a) of subsection 1 and an alternate member with the qualifications set forth in paragraph (c) of subsection 1.
κ2009 Statutes of Nevada, Page 3144 (FILE NUMBER 5, AR 1)κ
member with the qualifications set forth in paragraph (c) of subsection 1. The Minority Leader shall appoint an alternate member with the qualifications set forth in paragraph (b) of subsection 1 and an alternate member with the qualifications set forth in paragraph (c) of subsection 1. If a member of the Committee is unable to serve for any reason during the consideration of a specific question, the alternate appointed with the qualifications from the same paragraph in subsection 1 shall serve as a member of the Committee during the consideration of the specific question.
4. A member of the Committee is disqualified to serve during the consideration of a specific question if:
(a) The member is the requester of advice concerning the question of ethics or conflict of interest, or the member is the subject of the complaint concerning the specific question; or
(b) A reasonable person in the members situation could not exercise independent judgment on the matter in question.
5. The Committee:
(a) May hear requests brought by members of the Assembly for advice on specific questions of potential breaches of ethics and conflicts of interest; and
(b) Shall hear complaints brought by members of the Assembly and others on specific questions of alleged breaches of ethics and conflicts of interest.
6. All proceedings held to consider the character, alleged misconduct, professional competence or physical or mental health of any person by the Committee on matters of ethics or conflicts of interest are confidential unless a Legislator:
(a) Against whom a complaint is brought requests a public hearing;
(b) Discloses the content of an opinion of the Committee at any time after his hearing; or
(c) Discloses the content of an advisory opinion issued to him by the Committee.
7. A complaint which alleges a breach of ethics or a conflict of interest must be:
(a) Made in writing on a form provided by the Chief Clerk of the Assembly;
(b) Signed and verified under penalty of perjury by the person making the allegation; and
(c) Filed with the Chairman of the Committee or, if the Chairman is the subject of the complaint, with the Vice Chairman. The Chairman or Vice Chairman, as appropriate, shall send a copy of the complaint, within 24 hours after receiving it, to the Legislator against whom the complaint is brought.
8. 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 position upon the matter in question would be materially affected by:
(a) His acceptance of a gift or loan;
(b) His private economic interest; or
(c) His commitment to a member of his household or his immediate family.
κ2009 Statutes of Nevada, Page 3145 (FILE NUMBER 5, AR 1)κ
9. Except as otherwise provided in subsection 10, if a Legislator knows he has a conflict of interest pursuant to subsection 8, 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 Assembly, 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 Assembly, in the Journal.
10. 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 Assembly, 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.
11. 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 8, the Legislator should consider whether:
(a) The conflict impedes his independence of judgment; and
(b) His interest is greater than the interests of an entire class of persons similarly situated.
12. 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
(b) Require a Legislator to take any particular action before or while requesting or introducing a legislative measure.
13. 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 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.
14. Except as otherwise provided in the Joint Standing Rules, the standards and procedures set forth in this Rule which govern whether and to what extent a member of the Assembly 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 member has a conflict of interest pursuant to subsection 8:
(a) Are exclusive and are the only standards and procedures that apply to members of the Assembly with regard to such matters; and
(b) Supersede and preempt all other standards and procedures with regard to such matters.
The next rule is 30.
IV. QUORUM, VOTING, ELECTIONS
Rule No. 30. Manner of Voting.
1. The presiding officer shall declare all votes, but the yeas and nays must be taken when called for by three members present, and the names of those calling for the yeas and nays must be entered in the Journal by the Chief Clerk.
κ2009 Statutes of Nevada, Page 3146 (FILE NUMBER 5, AR 1)κ
the names of those calling for the yeas and nays must be entered in the Journal by the Chief Clerk.
2. The presiding officer shall call for yeas and nays by a division or by a roll call, either electronic or oral.
3. When taking the yeas and nays on any question, the electronic roll call system may be used, and when so used shall have the force and effect of any roll call under these rules.
4. When taking the yeas and nays by oral roll call, the Chief Clerk shall take the names of members alphabetically, except that the Speakers name must be called last.
5. The electronic roll call system may be used to determine the presence of a quorum.
6. The yeas and nays must not be taken with the electronic roll call system until all members present are at their desks. The presiding officer may vote at the rostrum.
7. Only a member who:
(a) Has been certified by the Committee on Elections, Procedures, Ethics, and Constitutional Amendments or a special committee of the Assembly; and
(b) Is physically present within the Assembly Chambers,
Κ may cast a vote in the Assembly.
8. A member shall not vote for another member on any roll call, either electronic or oral. Any member who votes for another member may be punished in any manner deemed appropriate by the Assembly.
Rule No. 31. Reserved.
Rule No. 32. Announcement of the Vote.
1. A member may change his vote at any time before the announcement of the vote if the voting is by voice, or at any time before the votes are electronically recorded if the voting is conducted electronically.
2. The announcement of the result of any vote shall not be postponed.
Rule No. 33. Voting by Division.
Upon a division and count of the Assembly on any question, no person without the bar shall be counted.
The next rule is 40.
V. LEGISLATIVE BODIES
Rule No. 40. Standing Committees.
The standing committees of the Assembly are as follows:
1. Ways and Means, fourteen members.
2. Judiciary, fourteen members.
3. Taxation, thirteen members.
4. Education, eleven members.
5. Elections, Procedures, Ethics, and Constitutional Amendments, thirteen members.
6. Natural Resources, Agriculture, and Mining, eleven members.
7. Transportation, eleven members.
8. Commerce and Labor, fourteen members.
κ2009 Statutes of Nevada, Page 3147 (FILE NUMBER 5, AR 1)κ
9. Health and Human Services, eleven members.
10. Government Affairs, fourteen members.
11. Corrections, Parole, and Probation, fourteen members.
Rule No. 41. Appointment of Committees.
1. Except as otherwise provided in Assembly Standing Rule No. 23, all committees must be appointed by the Speaker, unless otherwise directed by the Assembly. The Speaker shall designate the chairman and vice chairman of each committee.
2. To facilitate the full participation of the members during an adjournment called pursuant to Joint Standing Rule No. 9 of the Senate and Assembly, the Speaker may temporarily appoint a member to a standing committee that is scheduled to meet during the adjournment if none of the committees to which the member is regularly assigned will be meeting during the adjournment.
Rule No. 42. Committee Action.
1. The committee shall have regular meetings scheduled by the Assembly leadership. A quorum of the committee is a majority of its members and may transact business except as limited by this Rule.
2. Except as limited by this Rule, a simple majority of those present may move, second and pass a motion by voice vote.
3. Definite action on a bill or resolution will require a majority of the entire committee.
4. A two-thirds majority of the entire committee is required to reconsider action on a bill or resolution.
5. Committee introduction of legislative measures which are not prefiled requires concurrence of a majority of the entire committee and does not imply commitment to support final passage.
6. The chairman must be present when the committee votes to take any final action regarding bills or resolutions, but the chairman is not required to vote.
7. No member of the committee may vote by proxy under any circumstances.
8. A committee shall not take a vote on the question of whether to exercise its statutory authority to issue a legislative subpoena unless the chairman has informed the Speaker of the intention of the committee to consider such a question.
Rule No. 43. Subcommittees.
Subcommittees made up of committee members may be appointed by the chairman to consider and report back on specific subjects or bills.
Rule No. 44. Committee on Elections, Procedures, Ethics, and Constitutional Amendments.
The Committee on Elections, Procedures, Ethics, and Constitutional Amendments has jurisdiction over matters relating to personnel. It shall recommend by resolution the appointment of all attaches and employees of the Assembly not otherwise provided for by law. It shall function as the Committee on Rules and as the Committee on Credentials of the Assembly.
κ2009 Statutes of Nevada, Page 3148 (FILE NUMBER 5, AR 1)κ
Rule No. 44.5. Committee of the Whole.
If a Committee of the Whole is convened:
1. The Speaker shall preside as Chair of the Committee or name a Chair to preside.
2. A member of the Committee may speak not more than twice during the consideration of any one question, on the same day, and at the same stage of proceedings, without leave. Members who have once spoken shall not again be entitled to the floor (except for explanation) to the exclusion of others who have not spoken.
3. The Chair may require any vote of the Committee to be recorded in the manner designated by the Chair.
4. All amendments proposed by the Committee:
(a) Must first be approved by the Committee.
(b) Must be reported by the Chair to the Assembly.
Rule No. 45. Procedure for Election Contests.
1. Upon receipt of a statement of contest from the Secretary of State pursuant to NRS 293.427, the Speaker shall, as soon as practicable, appoint a special committee to hear the contest or refer the contest to the Standing Committee on Elections, Procedures, Ethics, and Constitutional Amendments. The committee shall conduct a hearing to consider the contest. The committee shall keep written minutes of the hearing. The contestant has the burden of proving that any irregularities shown were of such a nature as to establish that the result of the election was changed thereby.
2. The contest must be submitted so far as may be possible upon depositions or by written or oral arguments as the Assembly may order. Any party to a contest may take the deposition of any witness at any time after the statement of contest is filed with the Secretary of State and before the contest is finally decided. At least 3 days notice must be given to the prospective deponent and to the other party. If oral statements are made at any hearing before the Assembly or a committee thereof which purport to establish matters of fact, they must be made under oath. Strict rules of evidence do not apply.
3. The committee shall, not later than 5 calendar days after the contest was referred to the committee, report to the Assembly its findings on whether the contestant has met the burden of proving that any irregularities shown were of such a nature as to establish that the result of the election was changed thereby. The committee shall then report to the Assembly its recommendation on which person should be declared elected or report that it has no recommendation. The Assembly shall, as soon as practicable thereafter but not later than 7 calendar days after the Speaker received the statement of contest, vote whether to accept or reject the committees recommendation without amendment, if a recommendation is made. If the recommendation is accepted, the Speaker shall declare the recommended person elected. If the recommendation is rejected or the committee did not make a recommendation, the Assembly shall consider immediately which person should be declared elected. The Speaker shall not adjourn the Assembly until it has declared a person to be elected.
4. If a person other than the person initially seated as a member of the Assembly pursuant to subsection 2 of NRS 293.427 is declared to be elected by the Assembly as a result of the contest, the Speaker shall inform the Governor of the identity of the person declared to be elected by the Assembly.
κ2009 Statutes of Nevada, Page 3149 (FILE NUMBER 5, AR 1)κ
elected by the Assembly as a result of the contest, the Speaker shall inform the Governor of the identity of the person declared to be elected by the Assembly.
Rule No. 46. Committee Action.
Every committee vote on a matter pertaining to a bill or resolution must be recorded. The vote may be taken by roll call at the discretion of the chairman.
Rule No. 47. Committee Records.
The chairman of each committee shall keep, or cause to be kept, a complete record of the committee proceedings in which there must be entered:
1. The time and place of each meeting;
2. The attendance and absence of members;
3. The names of all persons appearing before the committee, with the names of persons, firms, corporations or associations in whose behalf such appearance is made; and
4. The subjects or measures considered and action taken.
Rule No. 48. Disposition of Committee Records.
All minutes, records and documents in the possession of committees and their chairmen must be filed in the offices of the Legislative Counsel Bureau upon their completion.
Rule No. 49. Committee Hearings.
1. The presence of a quorum of the committee is desirable but not required to conduct a public hearing. At the discretion of the chairman, members of the committee may attend, participate in and, if applicable, vote during the hearing via simultaneous telephone or video conference.
2. Public hearings are opened by the chairman who announces the subject under consideration and provides for those wishing to address the committee to be heard. These persons shall rise in an order determined by the chairman, address the chair and furnish their names, addresses and firms or other organizations represented. Committee members may address the chairman for permission to question the witness.
Rule No. 50. Reserved.
Rule No. 51. Reserved.
Rule No. 52. Concurrent Referrals.
When a bill or resolution is referred to two committees, the bill or resolution must go to the first committee named. If the first committee votes to amend the bill or resolution, it must be reprinted with amendments and then returned to the first committee or sent immediately to the next committee. If there is no amendment proposed by the first committee, or if the first committee acts upon the bill or resolution after amendment, the bill or resolution must be sent with the committee recommendation to the Chief Clerk for transmittal to the second committee.
The next rule is 60.
κ2009 Statutes of Nevada, Page 3150 (FILE NUMBER 5, AR 1)κ
VI. RULES GOVERNING MOTIONS
Rule No. 60. Entertaining.
No motion may be debated until it is distinctly announced by the presiding officer. The presiding officer, upon his own motion or at the request of a member, may direct that the motion be reduced to writing and be read by the Chief Clerk before the motion is debated. A motion may be withdrawn by the maker at any time before amendment or before the motion is put to vote.
Rule No. 61. Reserved.
Rule No. 62. Reserved.
Particular Motions
Rule No. 63. Reserved.
Rule No. 64. Reserved.
Rule No. 65. Indefinite Postponement.
When a question is postponed indefinitely, the same question must not be considered again during the session and the question is not subject to a motion for reconsideration.
Rule No. 66. To Strike Enacting Clause.
A motion to strike out the enacting clause of a bill or resolution does not take precedence over any other subsidiary motion. If the motion is carried, it shall be considered equivalent to the rejection of such bill or resolution.
Rule No. 67. Division of Question.
Any member may call for a division of the question, which shall be divided, if it comprehends propositions in substance so distinct that, one being taken away, a substantive proposition shall remain for the decision of the Assembly. A motion to strike out being lost shall preclude neither amendment nor a motion to strike out and insert. A motion to strike out and insert shall be deemed indivisible.
Rule No. 68. To Reconsider — Precedence of.
A motion to reconsider shall have precedence over every other motion, except a motion to adjourn, or to fix the time to which to adjourn; and when the Assembly adjourns, while a motion to reconsider is pending, or before passing the order of business of Motions, Resolutions and Notices, the right to move a reconsideration shall continue to the next day of sitting. No notice of reconsideration of any final vote shall be in order on the:
1. Last day on which final action is allowed; or
2. Day preceding the last day of the session.
The next rule is 80.
κ2009 Statutes of Nevada, Page 3151 (FILE NUMBER 5, AR 1)κ
VII. DEBATE
Rule No. 80. Speaking on Question.
No member shall speak more than twice during the consideration of any one question, on the same day, and at the same stage of proceedings, without leave. Members who have once spoken shall not again be entitled to the floor (except for explanation) to the exclusion of others who have not spoken.
Rule No. 81. Previous Question.
The previous question shall be put only when demanded by three members. The previous question shall not be moved by the member last speaking on the question.
Rule No. 82. Privilege of Closing Debate.
The author of a bill, a resolution or a main question shall have the privilege of closing the debate, unless the previous question has been sustained.
The next rule is 91.
VIII. CONDUCT OF BUSINESS
A. Rules and Procedure
Rule No. 91. Rescission, Change or Suspension of Rule.
No standing rule or order of the Assembly shall be rescinded or changed without a vote of two-thirds of the members elected, and one days notice being given of the motion therefor; but a rule or order may be suspended temporarily by a vote of two-thirds of the members present.
Rule No. 92. Notices of Bills, Topics and Public Hearings.
1. Except as otherwise provided in subsection 3, all committees shall provide adequate notice of public hearings on bills, resolutions or other topics which are to come before the committees. The notice must include the date, time, place and agenda to be covered. The notice must be posted conspicuously in the legislative building, appear in the Daily History and be made available to the news media. The Daily History must include the most current version of the notice that is available at the time the Daily History is created and an informational statement informing the public where more current information, if any, regarding such notices may be found.
2. The noticing requirements of this Rule may be suspended for emergency situations but only after approval by a majority vote of a committee.
3. Subsection 1 does not apply to:
(a) Committee meetings held on the floor of the Assembly during a recess; or
(b) Conference committee meetings.
Rule No. 93. Reserved.
κ2009 Statutes of Nevada, Page 3152 (FILE NUMBER 5, AR 1)κ
Rule No. 94. Privilege of the Floor and Lobbying.
No person, except Senators, former Assemblymen and state officers, may be admitted at the bar of the Assembly, except by special invitation on the part of some member; but a majority may authorize the Speaker to have the Assembly cleared of all such persons. No person may do any lobbying upon the floor of the Assembly at any time, and it is the duty of the Sergeant at Arms to remove any person violating any of the provisions of this Rule.
Rule No. 95. Material Placed on Legislators Desks.
All papers, letters, notes, pamphlets and other written material placed upon an Assemblymans desk shall contain the signature of the Legislator requesting the placement of such material on the desk or shall contain a designation of the origin of such material. This Rule does not apply to books containing the legislative bills and resolutions, the legislative Daily Histories, the legislative Daily Journals or Legislative Counsel Bureau material.
Rule No. 96. Peddling, Begging and Soliciting.
1. Peddling, begging and soliciting are strictly forbidden in the Assembly Chambers, and in the lobby, gallery and halls adjacent thereto.
2. No part of the Assembly Chambers may be used for, or occupied by signs or other devices for any kind of advertising.
3. No part of the hallways adjacent to the Assembly Chambers may be used for or occupied by signs or other devices for any kind of advertising for commercial or personal gain. Notices for nonprofit, nonpartisan, civic or special legislative events may be posted in a designated area of the hallways adjacent to the Assembly Chambers with the approval of the Chief Clerk.
Rule No. 97. Petitions and Memorials.
Petitions, memorials and other papers addressed to the Assembly, shall be presented by the Speaker, or by a member in the Speakers place. A brief statement of the contents thereof shall be made by the introducer. They shall not be debated on the day of their being presented, but shall be on the table, or be referred, as the Assembly shall determine.
Rule No. 98. Request of Purpose.
A member may request the purpose of a bill or joint resolution upon its introduction.
Rule No. 99. Remarks.
It shall be in order for members to make remarks and to have such remarks entered in the Journal.
Rule No. 100. Precedence of Parliamentary Authority.
The precedence of parliamentary authority in the Assembly is:
1. The Constitution of the State of Nevada and judicial decisions thereon.
2. The Standing Rules of the Assembly and the Joint Standing Rules of the Senate and Assembly.
3. Custom, usage and precedence.
κ2009 Statutes of Nevada, Page 3153 (FILE NUMBER 5, AR 1)κ
4. The Statutes of the State of Nevada.
5. Masons Manual of Legislative Procedure.
Rule No. 101. Reserved.
Rule No. 102. Privileged Questions.
Privileged questions have precedence over all others in the following order:
1. Motions to fix the time to which the Assembly shall adjourn.
2. Motions to adjourn.
3. Questions relating to the rights and privileges of the Assembly or any of its members.
4. A call of the House.
5. Motions for special orders.
Rule No. 103. Reserved.
B. Bills
Rule No. 104. Reserved.
Rule No. 105. Reserved.
Rule No. 106. Skeleton Bills.
The introduction of skeleton bills is authorized when, in the opinion of the sponsor and the Legislative Counsel, the full drafting of the bill would entail extensive research or be of considerable length. A skeleton bill will be provided for purposes of introduction and committee referral. Such a bill will be a presentation of ideas or statements of purpose, sufficient in style and expression to enable the Legislature and the committee to which the bill may be referred to consider the substantive merits of the legislation proposed.
Rule No. 107. Reserved.
Rule No. 108. Reserved.
Rule No. 109. Reading of Bills.
The presiding officer shall announce at each reading of a bill whether it be the first, second or third reading. The first reading of a bill shall be for information. If there is objection, the question shall be, Shall the bill be rejected? If the question to reject fails to receive a majority vote by the members present, or if there is no objection, the bill shall take the proper course. No bill shall be referred to a committee until after the first reading, nor amended until after the second reading.
Rule No. 110. Second Reading and Amendment of Bills.
1. All bills must be read the second time on the first legislative day after which they are reported by committee, unless a different day is designated by motion. Upon second reading, Assembly bills reported without amendments shall be placed on the General File and Senate bills reported without amendments shall be placed on the General File.
κ2009 Statutes of Nevada, Page 3154 (FILE NUMBER 5, AR 1)κ
Committee amendments reported with bills shall be considered upon their second reading or third reading, as appropriate, and such amendments may be adopted by a majority vote of the members present. Any amendment which is numbered, copied and made available to all members must be moved and voted upon by number. Assembly bills so amended must be reprinted, engrossed, and placed on the General File. Senate bills so amended must be reprinted, then engrossed or reengrossed, as applicable, and placed on the General File.
2. Any member may move to amend a bill during its second or third reading, and such a motion to amend may be adopted by a majority vote of the members present. Bills so amended on second reading must be treated the same as bills with committee amendments. Any bill so amended upon the General File must be reprinted and then engrossed or reengrossed, as applicable.
3. The reprinting of amended bills may be dispensed with only in accordance with the provisions of law.
Rule No. 111. Consent Calendar.
1. A standing committee may by unanimous vote of the members present report a bill with the recommendation that it be placed on the Consent Calendar. The question of recommending a bill for the Consent Calendar may be voted upon in committee only after the bill has been recommended for passage and only if no amendment is recommended.
2. The Chief Clerk shall maintain a list of bills recommended for the Consent Calendar. The list must be printed in the Daily History and must include the summary of each bill, and the date the bill is scheduled for consideration on final passage.
3. At any time before the presiding officer calls for a vote on the passage of the Consent Calendar, a member may give written notice to the Chief Clerk or state orally from the floor of the Assembly in session that he requests the removal of a particular bill from the Consent Calendar. If a member so requests, the Chief Clerk shall remove the bill from the Consent Calendar and transfer it to the Second Reading File. A bill removed from the Consent Calendar may not be restored to that Calendar.
4. During floor consideration of the Consent Calendar, members may ask questions and offer explanations relating to the respective bills.
5. When the Consent Calendar is brought to a vote, the bills remaining on the Consent Calendar must be read by number and summary and the vote must be taken on their final passage as a group.
Rule No. 112. Reserved.
Rule No. 113. General File.
All bills reported to the Assembly, by either standing or special committees, after receiving their second readings must be placed upon a General File, to be kept by the Chief Clerk. The Chief Clerk shall post a daily statement of the bills on the General File. The Chief Clerk shall likewise post notices of special orders as made.
Rule No. 114. Reserved.
κ2009 Statutes of Nevada, Page 3155 (FILE NUMBER 5, AR 1)κ
Rule No. 115. Reconsideration of Vote on Bill.
On the first legislative day that the Assembly is in session succeeding that on which a final vote on any bill or resolution has been taken, a vote may be reconsidered on the motion of any member. Notice of intention to move such reconsideration must be given on the day on which the final vote was taken by a member voting with the prevailing party. It is not in order for any member to move a reconsideration on the day on which the final vote was taken, except by a majority of the members elected. There may be no reconsideration of a vote on a motion to indefinitely postpone. Motions to reconsider a vote upon amendments to any pending question may be made at once.
Rule No. 116. Vetoed Bills.
1. Bills that have passed both Houses of the Legislature and are transmitted to the Assembly accompanied by a message or statement of the Governors disapproval or veto of the same must:
(a) Be taken up and considered immediately upon the coming in of the message transmitting the same; or
(b) Become the subject of a special order.
2. When the message is received, or if made a special order, when the special order is called, the said message or statement must be read together with the bill or bills so disapproved or vetoed. The message and bill must be read by the Chief Clerk without interruption, consecutively, one following the other, and not upon separate occasions. No such bill or message may be referred to any committee, or otherwise acted upon save as provided by law and custom; that is to say, that immediately following such reading the only question, except as hereinafter stated, which may be put by the Speaker is, Shall the bill pass, notwithstanding the objections of the Governor? It shall not be in order, at any time, to vote upon such a vetoed bill unless the same shall first have been read, from the first word of its title to and including the last word of its final section. No motion may be entertained after the Speaker has stated the question, save a motion to adjourn or a motion for the previous question, but the merits of the bill itself may be debated. The message or statement containing the objections of the Governor to the bill must be entered in the Journal of the Assembly. The consideration of a vetoed bill, and the objections of the Governor thereto, shall be a privileged question, and shall take precedence over all others.
Rule No. 117. Reserved.
C. Resolutions
Rule No. 118. Treated as Bills — Joint Resolutions.
The procedure of enacting joint resolutions must be identical to that of enacting bills, except that:
1. Joint resolutions, upon enrollment, must be delivered to the Secretary of State; and
2. Joint resolutions proposing amendments to the Constitution must be entered in the Journal in their entirety.
κ2009 Statutes of Nevada, Page 3156 (FILE NUMBER 5, AR 1)κ
Rule No. 119. Return from the Secretary of State.
An Assembly resolution may be used to request the return from the Secretary of State of an enrolled Assembly resolution for further consideration.
D. Order of Business
Rule No. 120. Order of Business.
The Order of Business must be as follows:
1. Call to Order.
2. Reading and Approval of Journal.
3. Presentation of Petitions.
4. Reports of Standing Committees.
5. Reports of Select Committees.
6. Communications.
7. Messages from the Senate.
8. Motions, Resolutions and Notices.
9. Introduction, First Reading and Reference.
10. Consent Calendar.
11. Second Reading and Amendment.
12. General File and Third Reading.
13. Unfinished Business of Preceding Day.
14. Special Orders of the Day.
15. Remarks from the Floor, limited to 10 minutes.
Rule No. 121. Reserved.
Rule No. 122. Reserved.
Rule No. 123. Reserved.
Rule No. 124. Reserved.
Rule No. 125. Reserved.
Rule No. 126. Reserved.
Rule No. 127. Reserved.
Rule No. 128. Reserved.
The next rule is 140.
IX. LEGISLATIVE INVESTIGATIONS AND MISCELLANEOUS
Rule No. 140. Compensation of Witnesses.
Witnesses summoned to appear before the Assembly or any of its committees must be compensated as provided by law for witnesses required to attend in the courts of the State of Nevada.
κ2009 Statutes of Nevada, Page 3157 (FILE NUMBER 5, AR 1)κ
Rule No. 141. Use of the Assembly Chamber.
The Assembly Chamber shall not be used for any public or private business other than legislative, except by permission of the Assembly.
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Assembly Resolution No. 2Committee on Elections, Procedures, Ethics, and Constitutional Amendments
FILE NUMBER 6
Assembly RESOLUTION — Providing for the appointment of Assembly attaches.
Resolved, That the following persons are elected as attaches of the Assembly for the 75th Session of the Legislature of the State of Nevada: Diane Keetch, Lucinda Benjamin, Matthew Baker, Jeanne Douglass, Jason P. Hataway, Christie Peters, Terry Sullivan, Robin L. Bates, Rebecca Harris, Mary A. Matheus, Sharon P. Murphy, Jennifer D. Osheroff, Steven J. Sweeney, Marge Griffin, Sylvia Brown, Jasmine Shackley, Barbara L. Houger, Christina Bailey, Wendy Kameda, Erin Smith, Betty J. Phenix, Laurel Armbrust, Leslie Danihel, Toshiko McIntosh, Alicia C. Taylor, Diane Jackson, Bonnie Borda Hoffecker, Joyce Hess, Emily M. Persaud, Mark Sprinkle, Jaclyn Kaiser, Kathryn L. Alden, Cynthia Carter, Lona M. Domenici, Judith Fisher, Harle Glover, Millicent Jorgenson, Jackie Valley, Andrew Diss, Katherine Malzahn-Bass, Daniel Peltier, Patti Adams, Connie Davis, Christine Bashaw, Linda Blevins, Anne Bowen, Linda J. Smith, Carol J. Thomsen, Janice Wright, Victoria Kieffer, Theresa Horgan, Patricia A. Blackburn, Judith Coolbaugh, Renee Ekleberry, Karen Fox, Mary Garcia, Robert G. Gonzalez, Christopher Kanowitz, Julie Kellen, Kyle McAfee, Sharon McCallen, Sean McDonald, Earlene M. Miller, Emilie I. Reafs, Darlene A. Rubin, Marlen R. Schultz, Denise M. Sins, Scarlett Smith, Michelle Smothers, Karyn Werner, Cheryl L. Williams, Mary Bean, Jennifer A. Breeden, Bambi Chase, Stephany J. Corral, Dionny Fonseca, Cecilia Hackman, Donna Hancock, Liz Hudson, Patricia J. Hutson, Luanne King, Novella W. Kowallek, Denise A. Larsen, Patricia A. Manning, Ashley Massey, Carolyn J. Maynick, Connie Nellos, Diane OConnor, Valerie Osgood, Sheree L. Rosevear, Christina L. Salerno, Cindy Southerland, Janet F. Stokes, Linda L. Utt, Brittany J. Walker, Nichole Bailey, Cheryl Higgs McClellan, Olivia M. Lloyd, Sally A. Stoner, Jocelyne Helzer, Carl C. Meier, David E. Moore, Evelyn Moser, Kathryn Moser, Larry Peri, Marcia Peterson, Frank Taylor, Ted Zuend, Deanna Keirstead, Sherwood Howard, June Bennett, Norman Budden, Mary Carel, Diane L. Bacus, Jack W. Cooke, John A. Davis Jr., Mark S. Day, Gail A. Eller, Michael Fettic, Joyce E. Ghiselli, Don W. Hataway, Lois A. Lahair, Robert V. Maynick, Rick Redican, Paul Saucedo, Frank D. Tetz, Daniel D. Webster, Debra A. Williams and Lucille Zuend.
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κ2009 Statutes of Nevada, Page 3158κ
Assembly Resolution No. 3Committee on Elections, Procedures, Ethics, and Constitutional Amendments
FILE NUMBER 7
Assembly RESOLUTION — Providing allowances to the leadership and other members of the Assembly for periodicals, stamps, stationery and communications.
Resolved by the Assembly of the State of Nevada, That the sum to be allowed, as provided by law, for each member of the Assembly for periodicals, stamps and stationery is $60 and for the use of telephones is $2,800, and the sum to be allowed, as provided by law, for the Speaker, Speaker Pro Tempore, Majority Floor Leader, Minority Floor Leader and chairman of each standing committee of the Assembly for postage, telephone tolls and other communication charges is $900; and be it further
Resolved, That these amounts be certified by the Speaker and the Chief Clerk to the State Controller, who is authorized to draw his warrants therefor on the Legislative Fund, and the State Treasurer is thereafter authorized to pay these warrants.
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Assembly Concurrent Resolution No. 3Assemblymen Gansert; Aizley, Anderson, Arberry, Atkinson, Bobzien, Buckley, Carpenter, Christensen, Claborn, Cobb, Conklin, Denis, Dondero Loop, Goedhart, Goicoechea, Grady, Gustavson, Hambrick, Hardy, Hogan, Horne, Kihuen, Kirkpatrick, Koivisto, Leslie, Manendo, Mastroluca, McArthur, McClain, Mortenson, Munford, Oceguera, Ohrenschall, Parnell, Pierce, Segerblom, Settelmeyer, Smith, Spiegel, Stewart and Woodbury
Joint Sponsors: Senators Nolan; Amodei, Breeden, Care, Carlton, Cegavske, Coffin, Copening, Hardy, Horsford, Lee, Mathews, McGinness, Parks, Raggio, Rhoads, Schneider, Townsend, Washington, Wiener and Woodhouse
FILE NUMBER 8
Assembly Concurrent RESOLUTION — Designating February 11, 2009, as Tissue and Organ Donor Day in Nevada.
Whereas, According to recent statistics, more than 100,000 people in the United States are currently on the waiting list for organ transplants, and each day approximately 77 people receive the transplant that gives them a second chance at life, but 19 others die because not enough organs are available to meet our needs; and
Whereas, One donor can save up to eight lives by donating organs, and that same donor can greatly enhance the lives of an additional 50 people by donating tissue to be used to restore sight, cover burns, repair hearts, replace veins, and mend damaged connective tissue and cartilage in recipients; and
κ2009 Statutes of Nevada, Page 3159 (FILE NUMBER 8, ACR 3)κ
Whereas, As a result of the growing need for organs, living donation has become a common alternative, with almost a quarter of all organs coming from living donors; and
Whereas, Unbeknownst to many, a living donor may donate part of the pancreas, part of a lung, part of the liver, part of the intestine and, most commonly, a kidney; and
Whereas, People of all ages and medical histories should consider themselves potential donors, as people on the waiting list may need to be transplanted with an organ that is less than ideal if there is no other suitable organ available to save their lives; and
Whereas, The State of Nevada has simplified the process of signing up as a donor by giving Nevadans the option of specifying their wishes on their drivers licenses or state identification cards and by making available on-line a Donor Registration Form for the Donor Registry for the State of Nevada; and
Whereas, The State has also made available an Organ Donor specialty license plate, from which a portion of the fees support the Gift of Life Education Fund that provides for the production and dissemination of educational materials regarding the importance of tissue and organ donation; and
Whereas, Giving the Gift of Life not only brings hope and healing to the recipients and their families but also may help ease the grief of the donors own family by knowing that their tragic loss has helped so many other people; now, therefore, be it
Resolved by the Assembly of the State of Nevada, the Senate Concurring, That the Nevada Legislature hereby designates February 11, 2009, as Tissue and Organ Donor Day in Nevada to raise public awareness regarding tissue and organ donation and the effect it can have on so many people; and be it further
Resolved, That, by designating this day, the residents of Nevada are encouraged to take steps to obtain donor cards and to ensure that their wishes concerning tissue and organ donations are made known to their families; and be it further
Resolved, That the Chief Clerk of the Assembly prepare and transmit a copy of this resolution to the Nevada Donor Network and The Transplant Network.
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κ2009 Statutes of Nevada, Page 3160κ
Assembly Concurrent Resolution No. 4Assemblymen Parnell; Aizley, Anderson, Arberry, Atkinson, Bobzien, Buckley, Carpenter, Christensen, Claborn, Cobb, Conklin, Denis, Dondero Loop, Gansert, Goedhart, Goicoechea, Grady, Gustavson, Hambrick, Hardy, Hogan, Horne, Kihuen, Kirkpatrick, Koivisto, Leslie, Manendo, Mastroluca, McArthur, McClain, Mortenson, Munford, Oceguera, Ohrenschall, Pierce, Segerblom, Settelmeyer, Smith, Spiegel, Stewart and Woodbury
Joint Sponsors: Senators Amodei, Breeden, Care, Carlton, Cegavske, Coffin, Copening, Hardy, Horsford, Lee, Mathews, McGinness, Nolan, Parks, Raggio, Rhoads, Schneider, Townsend, Washington, Wiener and Woodhouse
FILE NUMBER 9
Assembly Concurrent RESOLUTION — Commemorating the 100th anniversary of the organization of the Daughters of the American Revolution in Nevada.
Whereas, On February 12, 1910, the Montezuma Chapter of the National Society Daughters of the American Revolution (DAR) was organized in Goldfield, Nevada, and February 12, 2010, marks the 100th anniversary of that event; and
Whereas, The Nevada Sagebrush Chapter DAR worked with Governor James Scrugham, Senator Tasker Oddie and Congressman Samuel Arentz to enact federal legislation transferring ownership of Fort Churchill to the State of Nevada, allowing the 1931 Nevada Legislature to pass Assembly Bill No. 148 which transferred ownership to a trust administered by the Nevada Sagebrush Chapter, and ownership was transferred back to the State in 1961 so that Fort Churchill might become a state historical monument; and
Whereas, The Nevada State Society DAR has been instrumental in the placement of numerous historical markers in Nevada, establishment of Nevadas State Park System, collection of early relics of Nevada, acquisition of the Carson City Mint for use as the Nevada State Museum, and purchase and restoration of Bowers Mansion as a Washoe County Regional Park; and
Whereas, Members of the Nevada State Society DAR planted an elm tree in 1932, still standing today, on the State Capitol grounds, to commemorate the bicentennial of George Washingtons birth, purchased a replica colonial silver tea service, still in use today, for the Governors Mansion in 1968, and raised more than $7,000 for the Sarah Winnemucca statue which stands in the National Statuary Hall Collection in the United States Capitol; and
Whereas, During World War II, members of the Nevada State Society DAR contributed thousands of hours of volunteer work and purchased substantial amounts of war bonds, and they continue to support our veterans and our troops overseas today; and
Whereas, Members of the Nevada State Society DAR have fostered a sense of patriotism and history in Nevada residents for the last 100 years through participation in naturalization ceremonies, historical essay contests, good citizenship programs, flag ceremonies and dedications, literacy programs, Constitution Week celebrations and residency-based scholarships; and
κ2009 Statutes of Nevada, Page 3161 (FILE NUMBER 9, ACR 4)κ
good citizenship programs, flag ceremonies and dedications, literacy programs, Constitution Week celebrations and residency-based scholarships; and
Whereas, The members of the Nevada State Society DAR have worked for a number of years to compile a 100-year written history of the works of the DAR in Nevada that they might be preserved for posterity as a part of the history of our great State; now, therefore, be it
Resolved by the Assembly of the State of Nevada, the Senate Concurring, That the members of the 75th Session of the Nevada Legislature recognize the 100th anniversary of the organization of the Daughters of the American Revolution in Nevada and applaud the efforts of the women, past and present, who work in support of the DAR tenets to promote patriotism, preserve American history and secure Americas future through better education for children; and be it further
Resolved, That the Chief Clerk of the Assembly prepare and transmit a copy of this resolution to the Nevada State Regent Anita Ruth Kirk Sheard.
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Senate Concurrent Resolution No. 7Senators Wiener; Amodei, Breeden, Care, Carlton, Cegavske, Coffin, Copening, Hardy, Horsford, Lee, Mathews, McGinness, Nolan, Parks, Raggio, Rhoads, Schneider, Townsend, Washington and Woodhouse
Joint Sponsors: Assemblymen Kihuen; Aizley, Anderson, Arberry, Atkinson, Bobzien, Buckley, Carpenter, Christensen, Claborn, Cobb, Conklin, Denis, Dondero Loop, Gansert, Goedhart, Goicoechea, Grady, Gustavson, Hambrick, Hardy, Hogan, Horne, Kirkpatrick, Koivisto, Leslie, Manendo, Mastroluca, McArthur, McClain, Mortenson, Munford, Oceguera, Ohrenschall, Parnell, Pierce, Segerblom, Settelmeyer, Smith, Spiegel, Stewart and Woodbury
FILE NUMBER 10
Senate Concurrent RESOLUTION — Urging public schools to develop and implement programs that model best practices for improving academic performance and maximizing learning opportunities of pupils.
Whereas, The Nevada Constitution requires the Legislature to provide a system of common schools and to encourage by all suitable means the promotion of intellectual, literary, scientific, mining, mechanical, agricultural and moral improvements; and
Whereas, Pupils face unique challenges to learning which may be addressed through the development and implementation of programs and practices which improve academic performance and maximize learning opportunities for pupils; and
Whereas, Children retain only 10 percent of the information that they read, but they retain 90 percent of the information that they speak and carry out, and programs such as integrative and holistic learning programs educate pupils across subject areas and connect new knowledge to experience to ensure retention of new information; and
κ2009 Statutes of Nevada, Page 3162 (FILE NUMBER 10, SCR 7)κ
Whereas, Recent findings indicate that pupils who receive regular, vigorous exercise improve academic performance, and certain practices which encourage physical activities in the classroom at regular intervals have been shown to increase pupils ability to concentrate, thereby improving the academic performance of pupils; and
Whereas, Pupils transitioning from elementary school to middle school and from middle school to high school may find making these transitions difficult, and programs such as peer mentoring programs and programs that separate pupils into small learning communities assist pupils during these critical phases of their education; and
Whereas, Pupils who engage in extracurricular activities and other activities outside of public school may have difficulty completing assignments and studying for examinations, and programs that designate certain periods of the school day for studying and tutoring increase the number of assignments completed by pupils and improve test scores; and
Whereas, During these trying economic times, it is imperative that the public schools and school districts implement programs and practices such as these which do not significantly impact the budgets of the public schools and school districts in this State; now, therefore, be it
Resolved by the Senate of the State of Nevada, the Assembly Concurring, That the members of the 75th Session of the Nevada Legislature hereby urge the public schools and school districts in this State to evaluate and implement these programs and similar measures which improve the academic performance and maximize learning opportunities of pupils; and be it further
Resolved, That the Secretary of the Senate prepare and transmit a copy of this resolution to the Superintendent of Public Instruction for distribution to the State Board of Education, the superintendent of each school district for distribution to the members of the board of trustees of the school district and the President of the Nevada Association of School Administrators for distribution to its members.
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Assembly Concurrent Resolution No. 6Assemblymen Anderson; Aizley, Arberry, Atkinson, Bobzien, Buckley, Carpenter, Christensen, Claborn, Cobb, Conklin, Denis, Dondero Loop, Gansert, Goedhart, Goicoechea, Grady, Gustavson, Hambrick, Hardy, Hogan, Horne, Kihuen, Kirkpatrick, Koivisto, Leslie, Manendo, Mastroluca, McArthur, McClain, Mortenson, Munford, Oceguera, Ohrenschall, Parnell, Pierce, Segerblom, Settelmeyer, Smith, Spiegel, Stewart and Woodbury
Joint Sponsors: Senators Amodei, Breeden, Care, Carlton, Cegavske, Coffin, Copening, Hardy, Horsford, Lee, Mathews, McGinness, Nolan, Parks, Raggio, Rhoads, Schneider, Townsend, Washington, Wiener and Woodhouse
FILE NUMBER 11
Assembly Concurrent RESOLUTION — Memorializing banking pioneer and lifelong Nevadan Gino Del Carlo.
κ2009 Statutes of Nevada, Page 3163 (FILE NUMBER 11, ACR 6)κ
Whereas, The members of the Nevada Legislature note with sorrow the passing of Gino Del Carlo on October 6, 2007, at the age of 61; and
Whereas, Gino Del Carlo was born in Virginia City on March 23, 1946, attended schools in his historic birthplace and graduated from the University of Nevada; and
Whereas, This honorable Nevadan heroically served his country as a captain in the United States Army, earning two Bronze Stars and two Purple Hearts as a helicopter pilot in the Vietnam War; and
Whereas, As a civilian, Gino Del Carlo continued to lead by example, working for the betterment of his community with allegiance and pride as a member of several organizations, including the Rotary Club of Reno, for which he served as President from 1983 to 1984; and
Whereas, The impressive career of this strong advocate of credit unions and firm believer in the power of grassroots advocacy spanned 35 years in Nevada banking, the last 13 of which he spent as the Chief Executive Officer of the Great Basin Federal Credit Union, where he left a legacy of a supportive culture in which both employees and members continue to grow, learn and succeed; and
Whereas, This adventurous spirits love for the majestic Sierra Nevada beauty of his home state led him to become the 380th conqueror of the 165-mile Tahoe Rim Trail at the age of 59 alongside his son, Gino Joseph; and
Whereas, Always having a pleasant greeting and something upbeat to say, Gino Del Carlo was a friend and an inspiration to the community at large as well as anyone fortunate enough to have been acquainted with him; and
Whereas, This dedicated husband, father and grandfather left behind his best friend and loving wife Sara, his son and outdoor adventure partner Gino Joseph and his wife Nicole, his daughter Elizabeth and grandson Leo Lucca, as well as his mother Lora and seven brothers; now, therefore, be it
Resolved by the Assembly of the State of Nevada, the Senate Concurring, That the members of the 75th Session of the Nevada Legislature do hereby extend their earnest condolences to the family of Gino Del Carlo, whose infectious grin will be missed by his colleagues and countless friends; and be it further
Resolved, That Gino Del Carlo will be remembered by all who knew him as a tremendous leader, visionary and friend; and be it further
Resolved, That the Chief Clerk of the Assembly prepare and transmit a copy of this resolution to Ginos wife Sara, son Gino Joseph, daughter Elizabeth and mother Lora.
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κ2009 Statutes of Nevada, Page 3164κ
Assembly Concurrent Resolution No. 7Assemblymen Stewart; Aizley, Anderson, Arberry, Atkinson, Bobzien, Buckley, Carpenter, Christensen, Claborn, Cobb, Conklin, Denis, Dondero Loop, Gansert, Goedhart, Goicoechea, Grady, Gustavson, Hambrick, Hardy, Hogan, Horne, Kihuen, Kirkpatrick, Koivisto, Leslie, Manendo, Mastroluca, McArthur, McClain, Mortenson, Munford, Oceguera, Ohrenschall, Parnell, Pierce, Segerblom, Settelmeyer, Smith, Spiegel and Woodbury
Joint Sponsors: Senators Amodei, Breeden, Care, Carlton, Cegavske, Coffin, Copening, Hardy, Horsford, Lee, Mathews, McGinness, Nolan, Parks, Raggio, Rhoads, Schneider, Townsend, Washington, Wiener and Woodhouse
FILE NUMBER 12
Assembly Concurrent RESOLUTION — Designating the month of September 2009 as National Indoor Toxic Mold Awareness Month.
Whereas, People of all ages and backgrounds throughout the world have developed illnesses because of exposure to indoor toxic mold, and it is estimated that 500,000 deaths occur annually in the United States as a result of such exposure; and
Whereas, Most molds produce mycotoxins, which are toxic vapors created by mold spores, that are poisonous to humans and animals, and have even been used as biological weapons in war; and
Whereas, Aflatoxins are mycotoxins that are among the most carcinogenic substances known, and the United States Food and Drug Administration has enforced regulatory limits on aflatoxin concentrations in foods and feeds since 1965; and
Whereas, Mycotoxins enter the body through inhalation, ingestion or contact with the skin and can result in a multitude of symptoms, including, but not limited to, dermatitis, cough, rhinitis, nosebleeds, cold- and flu-like symptoms, headache, general malaise and fever; and
Whereas, Mycotoxin exposure can lead to toxic injury that may include multiple potentially life-threatening illnesses, affecting the skin and the nervous, vascular, respiratory, digestive, reproductive, urinary and immune systems, as well as forming cancers within the body; and
Whereas, Certain species of molds, referred to as body temperature molds, can live and grow inside the human body, causing recurring infections and numerous other health problems as well as death; and
Whereas, Mycotoxin Toxic Exposure Injury is a chronic, debilitating condition causing serious economic, employment, housing, health, social and other consequences, including death; and
Whereas, While there is no practical way to eliminate all molds and mold spores in the indoor environment, indoor mold growth can be curtailed by controlling moisture and ensuring that any damp or wet building materials and furnishings are cleaned and dried within 24 to 48 hours to prevent mold growth; and
Whereas, National Indoor Toxic Mold Awareness Month is an opportunity to bring greater attention to the need for further education and consumer awareness about molds and mycotoxins; now, therefore, be it
κ2009 Statutes of Nevada, Page 3165 (FILE NUMBER 12, ACR 7)κ
Resolved by the Assembly of the State of Nevada, the Senate Concurring, That the 75th Nevada Legislature designates September 2009 as National Indoor Toxic Mold Awareness Month; and be it further
Resolved, That the Legislature recognizes that by increasing awareness about indoor toxic mold, we can prevent needless hazardous conditions that take the lives of thousands every year and adversely affect the health and well-being of many more.
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Assembly Concurrent Resolution No. 8Assemblymen Oceguera; Aizley, Anderson, Arberry, Atkinson, Bobzien, Buckley, Carpenter, Christensen, Claborn, Cobb, Conklin, Denis, Dondero Loop, Gansert, Goedhart, Goicoechea, Grady, Gustavson, Hambrick, Hardy, Hogan, Horne, Kihuen, Kirkpatrick, Koivisto, Leslie, Manendo, Mastroluca, McArthur, McClain, Mortenson, Munford, Ohrenschall, Parnell, Pierce, Segerblom, Settelmeyer, Smith, Spiegel, Stewart and Woodbury
Joint Sponsors: Senators Amodei, Breeden, Care, Carlton, Cegavske, Coffin, Copening, Hardy, Horsford, Lee, Mathews, McGinness, Nolan, Parks, Raggio, Rhoads, Schneider, Townsend, Washington, Wiener and Woodhouse
FILE NUMBER 13
Assembly Concurrent RESOLUTION — Designating February 19, 2009, as E Clampus Vitus Day at the Nevada Legislature.
Whereas, It has come to the attention of the Nevada Legislature that the Ancient and Honorable Order of E Clampus Vitus has maintained its honorable status throughout the known world and especially in this great State of Nevada; and
Whereas, The Ancient and Honorable and Exceedingly Humble Order of E Clampus Vitus has survived the test of time to become one of the longest surviving brotherhoods of men that continue to fulfill a fundamental need in providing protection and kindness while advancing the noble cause of Clamperdom to residents of the Silver State, especially all the widders and orphans, and descendants of the Argonauts; and
Whereas, The Honorable Order of E Clampus Vitus was founded in West Virginia in 1845 by Ephram Bee, owner of a tavern on the National Road, and shortly thereafter the warmhearted brothers affectionately became known as the Clampin Vipers; and
Whereas, In 1860, William Stewart founded the first Ancient and Honorable Order of E Clampus Vitus, Winnemucca Lodge #1, in the Utah Territory, in the unsuspecting peaceful town known as Carson City; and
Whereas, The creed of the Clamproctors, yesterday, as well as today, is to protect the widders and orphans, and MAINLY the widders ; and
Whereas, The State of Nevada is proud to continue the tradition of 164 years of devoted service with the Nevada chapters, which now include the Snowshoe Thompson Chapter of Douglas County, the Julia C. Bulette Chapter of the Comstock, the Lucinda Jane Saunders Chapter of Elko County and the Queho Chapter of Clark County; now, therefore, be it
κ2009 Statutes of Nevada, Page 3166 (FILE NUMBER 13, ACR 8)κ
Chapter of the Comstock, the Lucinda Jane Saunders Chapter of Elko County and the Queho Chapter of Clark County; now, therefore, be it
Resolved by the Assembly of the State of Nevada, the Senate Concurring, That the members of the 75th Session of the Nevada Legislature, of whom many are proud members of E Clampus Vitus, do hereby declare February 19, 2009, as E Clampus Vitus Day at the Nevada Legislature, a day to be marked by appropriate revelry and thanksgiving; and be it further
Resolved, That the Ancient and Honorable Order of E Clampus Vitus is praised and commended for its contributions to mankind and others, and recognized as an illustrious group of Clampers, Clampatrious, Vituscans and Frolicking Friars who must continue to serve and protect the residents of the Silver State; and be it further
Resolved, That the Chief Clerk of the Assembly prepare and transmit a copy of this resolution to the Patriarchs of E Clampus Vitus.
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Senate Concurrent Resolution No. 8Senators Horsford; Amodei, Breeden, Care, Carlton, Cegavske, Coffin, Copening, Hardy, Lee, Mathews, McGinness, Nolan, Parks, Raggio, Rhoads, Schneider, Townsend, Washington, Wiener and Woodhouse
Joint Sponsors: Assemblymen Dondero Loop; Aizley, Anderson, Arberry, Atkinson, Bobzien, Buckley, Carpenter, Christensen, Claborn, Cobb, Conklin, Denis, Gansert, Goedhart, Goicoechea, Grady, Gustavson, Hambrick, Hardy, Hogan, Horne, Kihuen, Kirkpatrick, Koivisto, Leslie, Manendo, Mastroluca, McArthur, McClain, Mortenson, Munford, Oceguera, Ohrenschall, Parnell, Pierce, Segerblom, Settelmeyer, Smith, Spiegel, Stewart and Woodbury
FILE NUMBER 14
Senate Concurrent RESOLUTION — Honoring Guy Rocha for his extraordinary service as Nevadas State Archivist.
Whereas, Guy Louis Rocha, Nevadas State Archivist since 1981, retired on February 2, 2009, after serving this State with great skill, expertise and tireless passion for its history and is regarded as one of the foremost experts on the annals of our State and its political foundations and leaders; and
Whereas, Nevadas State Archives program, which Guy Rocha carefully guided and enhanced for 28 years, preserves the records that document our governmental history dating back to 1851; and
Whereas, Through the hard work and vision of Guy Rocha and his staff, Nevadas State Archives now maintains and preserves, in a well-designed, functional and accessible facility, more than 15,000 cubic feet of territorial and state government records and over 100,000 images of the people and places of Nevada that provide visual information which complement the Archives documentation of Nevada history; and
κ2009 Statutes of Nevada, Page 3167 (FILE NUMBER 14, SCR 8)κ
Whereas, In coordination with leaders of the Senate and the staff of the Legislative Counsel Bureau, Guy Rocha worked diligently for 20 years to research and identify early members of the Nevada Senate who made exemplary contributions to the State that merited their induction into the Senate Hall of Fame; and
Whereas, The Assembly Wall of Distinction and projects recognizing former Assembly Speakers benefited from Guy Rochas research and deep understanding and appreciation of the Nevada Legislature and the States political history; and
Whereas, With great enthusiasm, Guy Rocha dug into Nevadas rich and complex history, willingly shared the many veins of knowledge he uncovered and brought this remarkable story back to life for modern-era Nevadans to both learn from and enjoy; and
Whereas, Guys efforts to promote knowledge and understanding of Nevadas fascinating past include hosting the History for Lunch Bunch, a local radio program, and the High Desert Forum on National Public Radio in Reno, being featured on numerous public television segments in The Nevada Experience series and serving as a consultant and commentator for a critically acclaimed documentary on the A&E Network, Las Vegas: Gamble in the Desert/House of Cards; and
Whereas, Guy Rocha, who grew up in southern Nevada, graduated from Clark High School, received his bachelors degree from Syracuse University and his masters degree from San Diego State University and took postgraduate studies in history at the University of Nevada, Reno, is perhaps best known as the author of the popular newspaper column Historical Myth a Month, in which Guy debunked local historical myths that long went unchallenged, using his strong belief that the truth matters; now, therefore, be it
Resolved by the Senate of the State of Nevada, the Assembly Concurring, That the members of the 75th Nevada Legislature recognize that throughout his service to this State, Guy Rocha demonstrated exceptional dedication, enthusiasm and perseverance in accurately chronicling and properly preserving Nevadas history; and be it further
Resolved, That Nevadans will forever remember the benefits Guy has bestowed on this State, its vital public records program and its overall historical awareness; and be it further
Resolved, That the Secretary of the Senate prepare and transmit a copy of this resolution to Guy Rocha.
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κ2009 Statutes of Nevada, Page 3168κ
Senate Concurrent Resolution No. 9Senators Rhoads; Amodei, Breeden, Care, Carlton, Cegavske, Coffin, Copening, Hardy, Horsford, Lee, Mathews, McGinness, Nolan, Parks, Raggio, Schneider, Townsend, Washington, Wiener and Woodhouse
Joint Sponsors: Assemblymen Carpenter; Aizley, Anderson, Arberry, Atkinson, Bobzien, Buckley, Christensen, Claborn, Cobb, Conklin, Denis, Dondero Loop, Gansert, Goedhart, Goicoechea, Grady, Gustavson, Hambrick, Hardy, Hogan, Horne, Kihuen, Kirkpatrick, Koivisto, Leslie, Manendo, Mastroluca, McArthur, McClain, Mortenson, Munford, Oceguera, Ohrenschall, Parnell, Pierce, Segerblom, Settelmeyer, Smith, Spiegel, Stewart and Woodbury
FILE NUMBER 15
Senate Concurrent RESOLUTION — Commemorating the 25th anniversary of the National Cowboy Poetry Gathering in Elko.
Whereas, For many people, the word cowboy conjures up thoughts of John Wayne in worn cowboy boots and a hat that has seen better days, a rough and tough cowhand, six-shooter in one hand and a whip in the other, driving cattle through treacherous country; and
Whereas, Every year, the small community of Elko overflows with people honoring a less familiar side of the cowboy, the spinner of tall tales sitting around the campfire, the poet on horseback trying to relieve the boredom of long rides on the trail; and
Whereas, Produced by the Western Folklife Center, the National Cowboy Poetry Gathering is celebrating its Silver Anniversary, 25 years of poetry, music, dancing, storytelling, good food and camaraderie, and performers from the last quarter century have been invited for a very special reunion to take the stage once again for an encore; and
Whereas, While many of the poems and ballads are humorous, others deal with friendship, the hardships of life, and the love of freedom, land and open skies, or evoke memories of a lost romance or a disappearing way of life; and
Whereas, The many celebrants at the Gathering go for days with little sleep, attending such events as poetry readings, concerts, dances and workshops on such diverse subjects as horsemanship, breadmaking, photography, rawhide braiding, mandolin playing, swing dancing and yodeling, then on to after-parties to catch up with old friends; and
Whereas, This years keynote speaker will be former United States Supreme Court Justice Sandra Day OConnor, the first woman to serve as a United States Supreme Court Justice, who describes in her book Lazy B: Growing Up On a Cattle Ranch in the American Southwest how growing up on a cattle ranch in Arizona shaped her into the self-reliant woman she is today; and
Whereas, While only 6 of the 28 poets in the first year of the Gathering were women, there are many featured cowgirls today, mostly women raised in ranching families, who are telling stories about the heart and soul of the West from a womans point of view; and
Whereas, In celebration of the Silver Anniversary of the Gathering, the Western Folklife Center and the Nevada Museum of Art have partnered for a joint exhibition entitled Between Grass and Sky, featuring finely crafted leather saddles and silver engraved bits with rawhide reins and rommels, Western art in oils and pastels, photographs and sculptures, combined with the spoken voices of cowboy poets; now, therefore, be it
κ2009 Statutes of Nevada, Page 3169 (FILE NUMBER 15, SCR 9)κ
joint exhibition entitled Between Grass and Sky, featuring finely crafted leather saddles and silver engraved bits with rawhide reins and rommels, Western art in oils and pastels, photographs and sculptures, combined with the spoken voices of cowboy poets; now, therefore, be it
Resolved by the Senate of the State of Nevada, the Assembly Concurring, That the members of the 75th Nevada Legislature congratulate the National Cowboy Poetry Gathering on its Silver Anniversary and urge all Nevadans to celebrate this event which recognizes the unique contributions of cowboys to our Western culture; and be it further
Resolved, That the Secretary of the Senate prepare and transmit a copy of this resolution to Charlie Seemann, Executive Director of the Western Folklife Center.
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Senate Concurrent Resolution No. 10Senators Raggio; Amodei, Breeden, Care, Carlton, Cegavske, Coffin, Copening, Hardy, Horsford, Lee, Mathews, McGinness, Nolan, Parks, Rhoads, Schneider, Townsend, Washington, Wiener and Woodhouse
Joint Sponsors: Assemblymen Anderson; Aizley, Arberry, Atkinson, Bobzien, Buckley, Carpenter, Christensen, Claborn, Cobb, Conklin, Denis, Dondero Loop, Gansert, Goedhart, Goicoechea, Grady, Gustavson, Hambrick, Hardy, Hogan, Horne, Kihuen, Kirkpatrick, Koivisto, Leslie, Manendo, Mastroluca, McArthur, McClain, Mortenson, Munford, Oceguera, Ohrenschall, Parnell, Pierce, Segerblom, Settelmeyer, Smith, Spiegel, Stewart and Woodbury
FILE NUMBER 16
SENATE CONCURRENT RESOLUTION — Memorializing Ensio Joseph Tosolini.
Whereas, The State of Nevada lost an honored war hero, veteran activist and local entrepreneur, Ensio Joseph Tosolini, on April 10, 2008; and
Whereas, Toss, as he was known to most, was born on March 25, 1918, in Reana del Rojale, in the province of Udine, Italy, to Emelio and Silvia Tosolini; and
Whereas, On March 17, 1927, the Tosolini family landed on Ellis Island, eventually settling in Reno and becoming proud citizens of the United States; and
Whereas, This patriotism remained with Toss for the rest of his days, evidenced by a long and illustrious military career which began when he enlisted in the United States Army in 1942 and progressed to honorably earn a Silver Star, a Purple Heart, two Bronze Stars, a French Croix de Guerre and a Prisoner of War Medal in World War II; and
Whereas, This esteemed veteran resumed serving his country in 1959 as an Operations Sergeant in the Nevada Army Guard and as a first Sergeant Major in the 221st Anti-Tank and Nevadas first State Command Sergeant Major; and
κ2009 Statutes of Nevada, Page 3170 (FILE NUMBER 16, SCR 10)κ
Whereas, In addition to his military career, Ensio Joseph Tosolini was a dedicated businessman, owning and operating Parcel Delivery Service (PDS) for over 20 years; and
Whereas, He never stopped devoting time to his community, as a Director Emeritus of the Reno Rodeo Association, as well as a revered and active member of the International Footprint Association, Toastmasters International and the Reno Elks Lodge, where he was named Elk of the Year in 1984-1985; and
Whereas, Although he retired from the Nevada Army National Guard in 1978, Ensio Joseph Tosolini remained dedicated to veterans causes, serving on former Congressman Jim Gibbons Veterans Advisory Committee and Military Academy Nomination Advisory Board, and becoming an instrumental part of the success of the Veterans Guest House; and
Whereas, This venerable Nevadan led a rich and fulfilling life, and always made time for cooking wonderful meals to get his family together and making pesto and pickled garlic from his gardens harvest to share with his loved ones; and
Whereas, Ensio Joseph Tosolini was preceded in death by both of his parents, his sister Velma Castagnola and brother Vanito, and leaves behind his wife Claudette, sister Nori duPre and two daughters, Sheridan Baker and Jennifer Luedtke, in addition to six grandchildren, seven great-grandchildren, three nephews and a niece; now, therefore, be it
Resolved by the Senate of the State of Nevada, the Assembly Concurring, That the members of the 75th Session of the Nevada Legislature do hereby extend their sincere condolences to the family and friends of Ensio Joseph Tosolini; and be it further
Resolved, That Toss will be remembered by all who knew him as an honorable servant of his country and advocate for his fellow veterans, a determined businessman, a benefactor of his community and a devoted man of la famiglia; and be it further
Resolved, That the Secretary of the Senate prepare and transmit a copy of this resolution to Ensios wife Claudette, sister Nori and daughters Sheridan and Jennifer.
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Senate Resolution No. 4Committee on Legislative Operations and Elections
FILE NUMBER 17
Senate RESOLUTION — Providing for the appointment of an additional attache for the Senate.
Resolved by the Senate of the State of Nevada, That Janet A. Sherwood is elected as an additional attache of the Senate for the 75th Session of the Nevada Legislature.
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κ2009 Statutes of Nevada, Page 3171κ
Assembly Concurrent Resolution No. 9Assemblymen Anderson; Aizley, Arberry, Atkinson, Bobzien, Buckley, Carpenter, Christensen, Claborn, Cobb, Conklin, Denis, Dondero Loop, Gansert, Goedhart, Goicoechea, Grady, Gustavson, Hambrick, Hardy, Hogan, Horne, Kihuen, Kirkpatrick, Koivisto, Leslie, Manendo, Mastroluca, McArthur, McClain, Mortenson, Munford, Oceguera, Ohrenschall, Parnell, Pierce, Segerblom, Settelmeyer, Smith, Spiegel, Stewart and Woodbury
Joint Sponsors: Senators Raggio; Amodei, Breeden, Care, Carlton, Cegavske, Coffin, Copening, Hardy, Horsford, Lee, Mathews, McGinness, Nolan, Parks, Rhoads, Schneider, Townsend, Washington, Wiener and Woodhouse
FILE NUMBER 18
Assembly Concurrent RESOLUTION — Memorializing longtime Reno lawyer, civic leader and philanthropist William O. Bud Bradley.
Whereas, The members of the Nevada Legislature are saddened by the passing of William O. Bud Bradley, longtime Reno lawyer, civic leader and philanthropist; and
Whereas, Bud Bradley, a native of White Pine County, was born on February 27, 1924, and attended Stanford University until his duty to serve his country compelled him to join the United States Navy Air Corps as a pilot and flight instructor in World War II; and
Whereas, Upon his return to Nevada after the war, Bud graduated from the University of Nevada, Reno, and went on to obtain a law degree at George Washington University Law School in 1950, met his future wife Joan Sheaff of Holcomb, Illinois, and opened a law office in Reno a mere five years later; and
Whereas, While first specializing in water rights law, Bud expanded his law firm, known today as Bradley, Drendel & Jeanney, so much so that the firm continues to be a leader in the representation of injured persons; and
Whereas, Bud was recognized by his colleagues as one of the top 100 lawyers in America and was inducted into The Inner Circle of Advocates in 1972; and
Whereas, Bud was an original trustee of the Reno Air Racing Association and the philanthropic organization, the E.L. Cord Foundation, which has distributed millions of dollars to charitable groups in northern Nevada; and
Whereas, Bud was honored for his civic leadership, particularly in education, when the University of Nevada, Reno, presented him with an Honorary Degree of Doctor of Laws in May 1993; and
Whereas, Preceded in death by Joan, his wife of 50 years, Bud passed away at home on January 17, 2008, at the age of 83; now, therefore, be it
Resolved by the Assembly of the State of Nevada, the Senate Concurring, That the members of the 75th Nevada Legislature offer their deepest condolences to the surviving family members of Bud, including his beloved sons Bill and Joe Bradley, and daughter Elizabeth Thomas; and be it further
κ2009 Statutes of Nevada, Page 3172 (FILE NUMBER 18, ACR 9)κ
Resolved, That Bud will be remembered as an extremely accomplished lawyer who continually worked to improve the communities of northern Nevada, as a role model in civic leadership and philanthropy, and as a true friend to Nevada; and be it further
Resolved, That the Chief Clerk of the Assembly prepare and transmit a copy of this resolution to Buds children, Bill, Joe and Elizabeth.
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Senate Concurrent Resolution No. 11Senators Raggio; Amodei, Breeden, Care, Carlton, Cegavske, Coffin, Copening, Hardy, Horsford, Lee, Mathews, McGinness, Nolan, Parks, Rhoads, Schneider, Townsend, Washington, Wiener and Woodhouse
Joint Sponsors: Assemblymen Goedhart; Aizley, Anderson, Arberry, Atkinson, Bobzien, Buckley, Carpenter, Christensen, Claborn, Cobb, Conklin, Denis, Dondero Loop, Gansert, Goicoechea, Grady, Gustavson, Hambrick, Hardy, Hogan, Horne, Kihuen, Kirkpatrick, Koivisto, Leslie, Manendo, Mastroluca, McArthur, McClain, Mortenson, Munford, Oceguera, Ohrenschall, Parnell, Pierce, Segerblom, Settelmeyer, Smith, Spiegel, Stewart and Woodbury
FILE NUMBER 19
Senate Concurrent RESOLUTION — Memorializing former state Senator Richard E. Blakemore.
Whereas, The members of the Nevada Legislature mourn the loss of one of their former colleagues, former state Senator Richard E. Blakemore; and
Whereas, Born in 1922, in Parsons, Kansas, and then coming of age in southern California, Rick Blakemore joined the United States Navy in 1940, served aboard the U.S.S. Saratoga in the Pacific Theater during World War II and discovered his love of flying in his post as a turret gunner; and
Whereas, Upon his military discharge in 1946, Rick continued his flying career by completing high altitude surveys across North and South America, finally settling in Nevada, where he established the Mustang Charter Air Service in Tonopah; and
Whereas, Rick was active in his community as a member of the Veterans of Foreign Wars, the Elks, the Masons, the Kerak Temple of the Shrine and the Nye County Democratic Central Committee, and also served on the Nye County Hospital Board and as president of the Lions Club and the Nye County Chamber of Commerce; and
Whereas, Serving the residents of the State of Nevada, representing the Central Nevada Senatorial District as State Senator from 1972 to 1984 and as a member of the Legislative Commission from 1979 to 1983, Senator Blakemores tenure included six regular and two special legislative sessions; and
Whereas, Senator Blakemore was so passionate about states rights that he is widely acknowledged as the father of the Sagebrush Rebellion; and
κ2009 Statutes of Nevada, Page 3173 (FILE NUMBER 19, SCR 11)κ
Whereas, Senator Blakemore also worked tirelessly for workers and veterans issues during his time in the Legislature, clearly where he was ahead of his time in his support of alternative energy, sponsoring multiple proposals to encourage alternative, particularly solar, energy development in Nevada; and
Whereas, Nevadas political and business communities are saddened by the passing of Senator Blakemore in Hawthorne, Nevada, on December 31, 2007, at the age of 85; and
Whereas, Rick is survived by his wife of 49 years, Angie, and his five children, Jann Van Horn, Karen Moore and Rick, Brian and John Blakemore, along with nine grandchildren; now, therefore, be it
Resolved by the Senate of the State of Nevada, the Assembly Concurring, That the members of the 75th Nevada Legislature offer their deepest condolences to the beloved family members of Richard E. Blakemore; and be it further
Resolved, That the Secretary of the Senate prepare and transmit a copy of this resolution to Ricks beloved wife Angie.
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Assembly Concurrent Resolution No. 10Assemblymen Ohrenschall; Aizley, Anderson, Arberry, Atkinson, Bobzien, Buckley, Carpenter, Christensen, Claborn, Cobb, Conklin, Denis, Dondero Loop, Gansert, Goedhart, Goicoechea, Grady, Gustavson, Hambrick, Hardy, Hogan, Horne, Kihuen, Kirkpatrick, Koivisto, Leslie, Manendo, Mastroluca, McArthur, McClain, Mortenson, Munford, Oceguera, Parnell, Pierce, Segerblom, Settelmeyer, Smith, Spiegel, Stewart and Woodbury
Joint Sponsors: Senators Lee; Amodei, Breeden, Care, Carlton, Cegavske, Coffin, Copening, Hardy, Horsford, Mathews, McGinness, Nolan, Parks, Raggio, Rhoads, Schneider, Townsend, Washington, Wiener and Woodhouse
FILE NUMBER 20
Assembly Concurrent RESOLUTION — Memorializing Las Vegas pioneer, businessman, husband and father Eugene Toby Hoban.
Whereas, The members of the Nevada Legislature were deeply grieved to learn of the passing of Eugene Toby Hoban on January 22, 2008; and
Whereas, Toby was born on May 10, 1929, in Chicago, to Eugene and Frances Hoban, and eventually made Las Vegas his home for 48 years of his rich and fulfilling life; and
Whereas, His wifes grandmother first moved to Nevada in the late 1930s, and the Hobans now span six generations of proud Nevadans; and
Whereas, Loving and dedicated parents, Toby and his wife Mary Ann stayed involved with their childrens education, from parents clubs, raffles and carnivals at St. Anne Elementary School to Bishop Gorman High School football games; and
Whereas, This exemplary entrepreneur was a general contractor, owned a sheet metal business and worked at Area 51; and
κ2009 Statutes of Nevada, Page 3174 (FILE NUMBER 20, ACR 10)κ
Whereas, An adventurous spirit with a desire to help others, Toby became a part of the Jeep Posse in Clark County in the late 1950s, where he participated in search and rescue missions in conjunction with the Clark County Sheriffs Department; and
Whereas, He took his dedication to the public safety of his community a step further as a volunteer with the City of Las Vegas Police Department in the 1960s; and
Whereas, In addition to his career, family life and volunteer work, Toby also devoted time to community activities as a past Exalted Ruler and lifetime member of the Benevolent Protective Order of Elks 1468; and
Whereas, In 1975, he served as the General Chairman of the Helldorado Rodeo, a distinctively Las Vegan celebration of Nevadas western heritage since 1934; and
Whereas, On February 11, 2000, Eugene Toby Hoban and wife Mary Ann were given the key to the City of Las Vegas in celebration of their Fiftieth Wedding Anniversary; and
Whereas, Toby was preceded in death by his daughter Sheila, and he is survived by his beloved wife Mary Ann, whom he met at the age of 16, son Robert, daughter-in-law Renee, grandchildren Jennifer, John, Joseph and his wife Ashley, and Robert Jr. and his wife Tammy, and great-grandchildren Robert III and Nathan; now, therefore, be it
Resolved by the Assembly of the State of Nevada, the Senate Concurring, That the members of the 75th Session of the Nevada Legislature extend their sincere condolences to the family of Eugene Toby Hoban; and be it further
Resolved, That this great Nevadan be remembered by all for his devotion to his family, a long and successful career and an unyielding commitment to the betterment of his community, whether it was achieved by traversing Clark County on search and rescue missions or working together with his fellow Elks to organize a rodeo to celebrate the culture of this State; and be it further
Resolved, That the Chief Clerk of the Assembly prepare and transmit a copy of this resolution to Eugene Toby Hobans wife Mary Ann and his son Robert.
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κ2009 Statutes of Nevada, Page 3175κ
Assembly Concurrent Resolution No. 11Assemblymen Koivisto; Aizley, Anderson, Arberry, Atkinson, Bobzien, Buckley, Carpenter, Christensen, Claborn, Cobb, Conklin, Denis, Dondero Loop, Gansert, Goedhart, Goicoechea, Grady, Gustavson, Hambrick, Hardy, Hogan, Horne, Kihuen, Kirkpatrick, Leslie, Manendo, Mastroluca, McArthur, McClain, Mortenson, Munford, Oceguera, Ohrenschall, Parnell, Pierce, Segerblom, Settelmeyer, Smith, Spiegel, Stewart and Woodbury
Joint Sponsors: Senators Amodei, Breeden, Care, Carlton, Cegavske, Coffin, Copening, Hardy, Horsford, Lee, Mathews, McGinness, Nolan, Parks, Raggio, Rhoads, Schneider, Townsend, Washington, Wiener and Woodhouse
FILE NUMBER 21
Assembly Concurrent RESOLUTION — Recognizing March 2, 2009, as Read Across America Day in Nevada in commemoration of Dr. Seusss birthday.
Whereas, Theodor Seuss Geisel was born on March 2, 1904, in Springfield, Massachusetts; and
Whereas, Theodor Seuss Geisel graduated from Dartmouth College in 1925 and began writing humorous articles and creating cartoons for various magazines; and
Whereas, His first childrens book, And to Think That I Saw It on Mulberry Street, was rejected by 43 publishers until, in 1937, a friend published the book for him; and
Whereas, In May 1954, Life magazine published a report concerning illiteracy among school children, stating that, among other things, children were having trouble learning to read because the books were boring; and
Whereas, This comment inspired Theodor Seuss Geisels publisher, Bennett Cerf, to compile a list of 400 words that he felt were important, asking Mr. Geisel to cut the list to 250 words, the number of words a first-grader could absorb, and using only those words, to write a book that would excite children; and
Whereas, Nine months later, Mr. Geisel, using only 220 of the words given to him, published The Cat in the Hat, which became an instant success; and
Whereas, In 1960, Bennett Cerf bet Mr. Geisel $50 that he could not write an entire book using only 50 words, and from that challenge came the famous childrens book Green Eggs and Ham, which was also an instant success; and
Whereas, From that point on, Theodor Seuss Geisel became known as Dr. Seuss, and children became enthused about reading every Dr. Seuss book available; and
Whereas, Dr. Seuss died on September 24, 1991, but his legacy of childrens books will live forever as an inspiration to children everywhere to learn to read and to share in the laughter, enjoyment and knowledge that a book can provide; and
κ2009 Statutes of Nevada, Page 3176 (FILE NUMBER 21, ACR 11)κ
Whereas, In honor of Dr. Seuss and the joy of reading, the National Education Association has designated March 2, 2009, as a special day in their program Read Across America, the nationwide initiative that promotes reading every day; now, therefore, be it
Resolved by the Assembly of the State of Nevada, the Senate Concurring, That March 2, 2009, is hereby recognized as Read Across America Day in Nevada in commemoration of Dr. Seusss birthday; and be it further
Resolved, That children and adults are encouraged to read a favorite book together on this date and share the joy of reading; and be it further
Resolved, That the Chief Clerk of the Assembly prepare and transmit a copy of this resolution to Lynn Warne, President of the Nevada State Education Association, and Terry Hickman, Executive Director of the Nevada State Education Association.
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Senate Concurrent Resolution No. 12Senators Wiener; Amodei, Breeden, Care, Carlton, Cegavske, Coffin, Copening, Hardy, Horsford, Lee, Mathews, McGinness, Nolan, Parks, Raggio, Rhoads, Schneider, Townsend, Washington and Woodhouse
Joint Sponsors: Assemblymen Denis; Aizley, Anderson, Arberry, Atkinson, Bobzien, Buckley, Carpenter, Christensen, Claborn, Cobb, Conklin, Dondero Loop, Gansert, Goedhart, Goicoechea, Grady, Gustavson, Hambrick, Hardy, Hogan, Horne, Kihuen, Kirkpatrick, Koivisto, Leslie, Manendo, Mastroluca, McArthur, McClain, Mortenson, Munford, Oceguera, Ohrenschall, Parnell, Pierce, Segerblom, Settelmeyer, Smith, Spiegel, Stewart and Woodbury
FILE NUMBER 22
Senate Concurrent RESOLUTION — Urging the promotion of physical fitness in the schools and urging the Department of Education to employ or consult with a physical education coordinator.
Whereas, Over the past 30 years, the prevalence of overweight children and youth has risen dramatically and obese youth are more likely to become obese adults with an impact on their physical and emotional well-being as well as increased health care costs; and
Whereas, Children and youth who lack physical activity in earlier years experience less alertness and decreased productivity in the classroom, are inhibited in their social and emotional development and have an increased likelihood of continued lack of physical activity as an adult; and
Whereas, Health is not just the absence of disease but is a complete physical, mental and social state of well-being that includes several components such as physical activity and physical education as well as healthy eating habits; and
Whereas, Regular physical activity is associated with a healthier, longer life and a lower risk of cardiovascular disease, high blood pressure, diabetes, obesity and some cancers; and
κ2009 Statutes of Nevada, Page 3177 (FILE NUMBER 22, SCR 12)κ
Whereas, Healthy children are healthy learners and staying fit in youth helps to maximize each childs education as well as maximize a lifetime health potential; and
Whereas, Studies have linked increased physical fitness in the schools with improvements in academic performance, including increased concentration and motivation to learn, higher test scores and reduced disruptive behaviors in the classroom; now, therefore, be it
Resolved by the Senate of the State of Nevada, the Assembly Concurring, That the members of the 75th Session of the Nevada Legislature hereby urge the school districts to promote physical fitness in the schools to reduce obesity and to encourage healthy lifestyle choices by expanding high-quality programs of physical education during each school day; and be it further
Resolved, That the Department of Education is hereby urged, to the extent money is available, to employ or consult with a physical education coordinator to:
1. Provide guidance and technical assistance to the school districts as they implement the physical education standards adopted by the State Board of Education; and
2. Provide assistance and professional development opportunities to physical education teachers in the planning, development, implementation and evaluation of high-quality, evidence-based physical education programs; and be it further
Resolved, That the Secretary of the Senate prepare and transmit a copy of this resolution to the Superintendent of Public Instruction, each county school superintendent for distribution to the schools within the school district, Nevada Parent Teacher Association for distribution to its members, Director of the Advocacy and State Health Alliances with the American Heart Association and the President of the Nevada Association for Health, Physical Education, Recreation and Dance.
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Assembly Concurrent Resolution No. 12Assemblymen McClain; Aizley, Anderson, Arberry, Atkinson, Bobzien, Buckley, Carpenter, Christensen, Claborn, Cobb, Conklin, Denis, Dondero Loop, Gansert, Goedhart, Goicoechea, Grady, Gustavson, Hambrick, Hardy, Hogan, Horne, Kihuen, Kirkpatrick, Koivisto, Leslie, Manendo, Mastroluca, McArthur, Mortenson, Munford, Oceguera, Ohrenschall, Parnell, Pierce, Segerblom, Settelmeyer, Smith, Spiegel, Stewart and Woodbury
Joint Sponsors: Senators Amodei, Breeden, Care, Carlton, Cegavske, Coffin, Copening, Hardy, Horsford, Lee, Mathews, McGinness, Nolan, Parks, Raggio, Rhoads, Schneider, Townsend, Washington, Wiener and Woodhouse
FILE NUMBER 23
Assembly Concurrent RESOLUTION — Honoring Nevadans who have lost their lives in the Global War on Terrorism.
κ2009 Statutes of Nevada, Page 3178 (FILE NUMBER 23, ACR 12)κ
Whereas, Since the launching of the Global War on Terrorism in response to attacks on the United States on September 11, 2001, through Operations Iraqi Freedom and Enduring Freedom, 4,865 Americans have lost their lives, including 47 Nevadans; and
Whereas, The service of these men and women required sacrifice, hardship, endurance, dedication, courage and the highest level of patriotism; and
Whereas, Those Nevada citizens who served our country in the name of freedom and justice deserve special recognition for their sacrifice; now, therefore, be it
Resolved by the Assembly of the State of Nevada, the Senate Concurring, That we honor every American who served and extend our heartfelt condolences to the Nevada friends and family members of those who made the ultimate sacrifice; and be it further
Resolved, That we continue to honor those recognized in previous legislative sessions: Marine Lance Corporal Nicholas H. Anderson, Las Vegas; Army Staff Sergeant Corey R. Barnes, Sparks; Army Sergeant Kenneth E. Bostic, Hawthorne; Marine Lance Corporal Raul S. Bravo, Elko; Army Captain Joshua T. Byers, Sparks; Marine Second Lieutenant James J. Cathey, Reno; Marine Lance Corporal Donald J. Cline Jr., Sparks; Army National Guard Specialist Anthony S. Cometa, Las Vegas; Army Corporal Matthew A. Commons, Boulder City; Army Private First Class David N. Crombie, Winnemucca; Army Specialist Jason A. Disney, Fallon; Army National Guard Chief Warrant Officer 3 John M. Flynn, Sparks; Army Sergeant John C. Griffith, Las Vegas; Army Specialist Daniel F. Guastaferro, Las Vegas; Marine Corporal Jesse Jaime, Henderson; Army Sergeant Robert P. Kassin, Las Vegas; Marine First Lieutenant Nathan M. Krissoff, Reno; Army Corporal Stanley J. Lapinski, Las Vegas; Army Corporal Shawn T. Lasswell Jr., Reno; Army Staff Sergeant Emmanuel L. Legaspi, Las Vegas; Marine Lance Corporal Jeremy Z. Long, Sun Valley; Marine Private First Class John Lukac, Las Vegas; Army Corporal Joseph L. Martinez, Las Vegas; Army Sergeant Gordon F. Misner II, Sparks; Army Private Second Class Joshua M. Morberg, Sparks; Army Sergeant Eric W. Morris, Sparks; Navy Petty Officer Second Class Eric S. Patton, Boulder City; Marine Reserve Lance Corporal Richard A. Perez Jr., Las Vegas; Marine First Lieutenant Frederick E. Pokorney Jr., Tonopah; Army Specialist Ignacio Ramirez, Henderson; Army Reserve First Sergeant Carlos N. Saenz, Las Vegas; Marine Corporal William I. Salazar, Las Vegas; Army Private First Class Thomas C. Siekert, Lovelock; Army National Guard Sergeant Patrick D. Stewart, Fernley; Army Reserve Specialist Teodoro Torres, Las Vegas; and Army Private First Class Phillip B. Williams, Gardnerville; and be it further
Resolved, That we pause today to reflect on the supreme sacrifice of the eleven Nevadans who have given their lives since the 74th Legislative Session: Army Sergeant Ezra Dawson, Las Vegas; Army Sergeant David J. Drakulich, Reno; Army Staff Sergeant Sean M. Gaul, Reno; Army Specialist Joshua S. Modgling, Las Vegas; Army Sergeant Alfred G. Paredez Jr., Las Vegas; Army Chief Warrant Officer 2 Joshua R. Rodgers, Carson City; Army Sergeant Anthony J. Schober, Gardnerville; Army Reserve Staff Sergeant Coby G. Schwab, Henderson; Army Staff Sergeant Michael L. Townes, Las Vegas; Army Private First Class Alejandro R. Varela, Fernley; and Army Specialist Travis M. Virgadamo, Las Vegas; and be it further
κ2009 Statutes of Nevada, Page 3179 (FILE NUMBER 23, ACR 12)κ
Resolved, That the members of the 75th Session of the Nevada Legislature honor these brave Nevadans who made the ultimate sacrifice through their service, dedication and commitment to this country and their fellow man; and be it further
Resolved, That the Chief Clerk of the Assembly prepare and transmit 11 copies of this resolution to Tim Tetz, Executive Director of the Office of Veterans Services, for transmittal to the family of each of those being honored.
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Assembly Concurrent Resolution No. 13Assemblymen Arberry; Aizley, Anderson, Atkinson, Bobzien, Buckley, Carpenter, Christensen, Claborn, Cobb, Conklin, Denis, Dondero Loop, Gansert, Goedhart, Goicoechea, Grady, Gustavson, Hambrick, Hardy, Hogan, Horne, Kihuen, Kirkpatrick, Koivisto, Leslie, Manendo, Mastroluca, McArthur, McClain, Mortenson, Munford, Oceguera, Ohrenschall, Parnell, Pierce, Segerblom, Settelmeyer, Smith, Spiegel, Stewart and Woodbury
Joint Sponsors: Senators Horsford; Amodei, Breeden, Care, Carlton, Cegavske, Coffin, Copening, Hardy, Lee, Mathews, McGinness, Nolan, Parks, Raggio, Rhoads, Schneider, Townsend, Washington, Wiener and Woodhouse
FILE NUMBER 24
Assembly Concurrent RESOLUTION — Memorializing Doris Adair McDonald.
Whereas, The residents of the State of Nevada were deeply saddened to learn of the passing of Doris Adair McDonald, an exemplary citizen, loving wife, dedicated family woman and Mom to many, on October 14, 2008; and
Whereas, Doris was born in Butte, Montana, on August 16, 1926, to Maurice and Irene Lynch; and
Whereas, Her lifelong friendship with her beloved husband John began when they met at a dance in 1944, and continued as they were married on January 11, 1952, and eventually left Montana to make Las Vegas their home in August of 1960; and
Whereas, Doris was a devoted homemaker who loved spending time in her beautiful rose garden, which was her pride and joy, and taking care of her animals; and
Whereas, The McDonalds home was where all of the neighborhood kids could feel safe and welcome, and Doris greatly enjoyed being Mom to all who came to visit; and
Whereas, Hospitable with her compassionate heart as well as her home, Doris touched the lives of many people in Las Vegas, from elected officials to those who grew up in her neighborhood, who still call her Mom to this day; and
κ2009 Statutes of Nevada, Page 3180 (FILE NUMBER 24, ACR 13)κ
Whereas, Sharing the traditions of the holiday season of Christmas and New Years Eve, her favorite time of the year, and watching Notre Dame football with those she loved brought this exceptional woman great happiness; and
Whereas, Doris was a thoughtful and kind neighbor, loving wife and dedicated mother to her children as well as to those in her community; and
Whereas, Doris is survived by her loving husband of 56 years, John J. McDonald, daughters Jacquelyn Lavin and Kerry Lee McDonald, son Michael J. McDonald, grandson TJ Lavin, granddaughter Brooke Newton and grandson-in-law David, and great-granddaughter Justice Newton; and
Whereas, She was preceded in death by her sons-in-law Terry Pinter and Tommy Lavin; now, therefore, be it
Resolved by the Assembly of the State of Nevada, the Senate Concurring, That the members of the 75th Session of the Nevada Legislature extend their sincerest condolences to the family and friends of Doris Adair McDonald; and be it further
Resolved, That this caring neighbor will be remembered fondly by all who had the good fortune of knowing her for her warmth, hospitality and devotion to her family, which extended beyond bloodlines far into her community; and be it further
Resolved, That the Chief Clerk of the Assembly prepare and transmit a copy of this resolution to Doris husband, John J. McDonald, and her children, Jacquelyn, Kerry Lee and Michael.
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κ2009 Statutes of Nevada, Page 3181κ
Senate Concurrent Resolution No. 13Senators Wiener; Amodei, Breeden, Care, Carlton, Cegavske, Coffin, Copening, Hardy, Horsford, Lee, Mathews, McGinness, Nolan, Parks, Raggio, Rhoads, Schneider, Townsend, Washington and Woodhouse
Joint Sponsors: Assemblymen Mastroluca; Aizley, Anderson, Arberry, Atkinson, Bobzien, Buckley, Carpenter, Christensen, Claborn, Cobb, Conklin, Denis, Dondero Loop, Gansert, Goedhart, Goicoechea, Grady, Gustavson, Hambrick, Hardy, Hogan, Horne, Kihuen, Kirkpatrick, Koivisto, Leslie, Manendo, McArthur, McClain, Mortenson, Munford, Oceguera, Ohrenschall, Parnell, Pierce, Segerblom, Settelmeyer, Smith, Spiegel, Stewart and Woodbury
FILE NUMBER 25
Senate Concurrent RESOLUTION — Urging colleges and universities in this State to establish campus safety programs for the prevention and intervention of violence.
Whereas, A recent study indicates that approximately 17 percent of all college students will experience some form of violence or harassment each year while on campus and 25 percent of college women report experiencing some form of violence or harassment while on campus during their college career; and
Whereas, Several factors have been shown to increase the likelihood of violence on college and university campuses, including personal, institutional, interpersonal and community factors; and
Whereas, According to the Higher Education Center for Alcohol and Other Drug Abuse and Violence Prevention, the development and implementation of comprehensive programs to address the aforementioned factors and to promote campus safety greatly reduce the risk of violence on campus; and
Whereas, Effective programs to promote campus safety, including the prevention and intervention of violence, should be developed through the coordinated efforts of students, administrators, faculty and local law enforcement agencies; and
Whereas, Making administrators, students and faculty aware of the campus safety programs, including through direct communications and newspaper and radio announcements, is essential to ensuring the implementation of such programs; now, therefore, be it
Resolved by the Senate of the State of Nevada, the Assembly Concurring, That the members of the 75th Session of the Nevada Legislature hereby recognize the importance of developing and implementing campus safety programs by colleges and universities to ensure the well-being of students; and be it further
Resolved, That the members of the 75th Session of the Nevada Legislature hereby urge the Nevada System of Higher Education, each institution within the System and each private institution of postsecondary education in this State to develop and implement campus safety programs which:
κ2009 Statutes of Nevada, Page 3182 (FILE NUMBER 25, SCR 13)κ
1. Address attitudes, beliefs and perceptions which contribute to violence;
2. Support healthy group norms, promote bystander intervention and set clear expectations for administrators, students, faculty and visitors to the campus;
3. Establish policies and procedures for addressing violence and train students and faculty to ensure that these policies are followed; and
4. Provide appropriate crisis management services to students and faculty; and be it further
Resolved, That the Secretary of the Senate prepare and transmit a copy of this resolution to the Chancellor of the Nevada System of Higher Education, the chair of the Board of Regents of the University of Nevada for distribution to its members, the president of each institution of postsecondary education in this State for distribution to the persons at that institution who oversee student services and campus security, and the chief of police of each law enforcement agency in this State.
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Senate Concurrent Resolution No. 14Senators Woodhouse; Amodei, Breeden, Care, Carlton, Cegavske, Coffin, Copening, Hardy, Horsford, Lee, Mathews, McGinness, Nolan, Parks, Raggio, Rhoads, Schneider, Townsend, Washington and Wiener
Joint Sponsors: Assemblymen Kihuen; Aizley, Anderson, Arberry, Atkinson, Bobzien, Buckley, Carpenter, Christensen, Claborn, Cobb, Conklin, Denis, Dondero Loop, Gansert, Goedhart, Goicoechea, Grady, Gustavson, Hambrick, Hardy, Hogan, Horne, Kirkpatrick, Koivisto, Leslie, Manendo, Mastroluca, McArthur, McClain, Mortenson, Munford, Oceguera, Ohrenschall, Parnell, Pierce, Segerblom, Settelmeyer, Smith, Spiegel, Stewart and Woodbury
FILE NUMBER 26
Senate Concurrent RESOLUTION — Honoring Thalia Dondero for her outstanding service to the Nevada System of Higher Education and community organizations.
Whereas, In 1942, Thalia Sperry moved to Las Vegas where she met and married Harvey Dondero, a career teacher and administrator, and the couple began a long partnership promoting education in Nevada, a passion for both of them; and
Whereas, Having five children, Judy, Michael, Nick, Rob and Marilyn, and not being one to do anything halfway, Thalia dove into the job of parenting by becoming active in all levels of the Girl Scouts and Boy Scouts and the Parent Teacher Association, and was twice selected Homemaker of the Year from Nevada for McCalls Magazine, while the Dondero family was nominated Family of the Year and Thalia has continued this rich tradition of enjoying spending time with her family including the 15 grandchildren and 6 great-grandchildren of whom she is very proud; and
Whereas, Thalias interests are many, including human rights, water issues, tourism, law enforcement, renewable energy and the environment, and she became known as the Tree Lady because of her work on the Nevada State Park Commission to expand state-owned recreational areas for public use; and
κ2009 Statutes of Nevada, Page 3183 (FILE NUMBER 26, SCR 14)κ
and she became known as the Tree Lady because of her work on the Nevada State Park Commission to expand state-owned recreational areas for public use; and
Whereas, In 1974, Thalia became the first woman commissioner on the Clark County Commission, serving with distinction for 20 years, including three terms as chair, and a well-known anecdote is that her male peers mistakenly thought, being a woman, she should take minutes and make coffee, a notion she quickly rectified; and
Whereas, Elected to the Board of Regents of the Nevada System of Higher Education in 1996, Thalia fought to improve the higher education system, was instrumental in the formation of Nevada State College and became an advocate for the Health Sciences System, which was created to address the numerous community health issues of our State, and while Thalia gave up her seat on the Board because of term limits, she still continues to give an incredible amount of time, energy and commitment to education; and
Whereas, Among many other honors, Thalia received the 2006 Education Hero Award from the Public Education Foundation and the 2008 James Cashman III Community Leader Award, was inducted last month into the Nevada Business Hall of Fame, and in 2007, the University of Nevada, Las Vegas, awarded her its highest honor, an Honorary Doctorate; now, therefore, be it
Resolved by the Senate of the State of Nevada, the Assembly Concurring, That the members of the 75th Session of the Nevada Legislature applaud Thalia Dondero for her unwavering dedication and commitment to the education of the young people of our State and commend her unique sense of civic duty in serving her community to improve the quality of life for all Nevadans; and be it further
Resolved, That the residents of Nevada recognize that they have a true champion in Thalia who believes that higher education should be accessible to everyone and who exemplifies that each person can make a difference in their community; and be it further
Resolved, That the Secretary of the Senate prepare and transmit a copy of this resolution to Thalia Dondero.
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κ2009 Statutes of Nevada, Page 3184κ
Assembly Resolution No. 4Committee on Elections, Procedures, Ethics, and Constitutional Amendments
FILE NUMBER 27
Assembly RESOLUTION — Providing for the appointment of an additional attache for the Assembly.
Resolved by the Assembly of the State of Nevada, That Steven Sisneros is elected as an additional attache of the Assembly for the 75th Session of the Nevada Legislature.
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Senate Joint Resolution No. 5Committee on Legislative Operations and Elections
FILE NUMBER 28
Senate Joint RESOLUTION — Urging the President and Congress to continue to support the participation of the Republic of China on Taiwan in the World Health Organization.
Whereas, In the first chapter of its charter, the World Health Organization set forth the objective of attaining the highest possible level of health for all people, and participation in international health programs is crucial as the potential for the spread of infectious diseases increases proportionately with increases in world trade, travel and population; and
Whereas, Taiwans population of over 23 million is larger than three-fourths of the member countries who currently participate in the World Health Organization; and
Whereas, The achievements of Taiwan in the field of health are substantial and include one of the highest life expectancy levels in Asia, maternal and infant mortality rates comparable to those of western countries, the eradication of such infectious diseases as cholera, smallpox and the plague, and the distinction of being the first country in the world to provide children with free hepatitis B vaccinations; and
Whereas, Before its loss of membership in the World Health Organization in 1972, Taiwan sent specialists to serve in other member countries on countless health projects and its health experts held key positions in the organization, all to the benefit of the entire Pacific region and developing countries in the world; and
Whereas, Taiwan has been campaigning for participation in the World Health Organization since 1999, but has been unable to establish direct access to and communicate with the World Health Organization regarding disease prevention and is restricted from attending the World Health Organization technical conference and activities and as a result, Taiwan can neither acquire the latest medical and health updates nor receive timely assistance when epidemics occur, as was the case with severe acute respiratory syndrome; and
Whereas, Being the worlds eighteenth largest economy and the twentieth largest outbound investor, Taiwan possesses significant economic strength, is the ninth largest trading partner of the United States with over $64 billion in two-way trade in 2007 and has also shared a sisterhood relationship with the State of Nevada since 1985; and
κ2009 Statutes of Nevada, Page 3185 (FILE NUMBER 28, SJR 5)κ
strength, is the ninth largest trading partner of the United States with over $64 billion in two-way trade in 2007 and has also shared a sisterhood relationship with the State of Nevada since 1985; and
Whereas, Taiwan hopes to share its development experiences with developing countries and is also willing to give back to the world through humanitarian assistance and technical cooperation; and
Whereas, Admittance of Taiwan to the World Health Organization would bring tremendous benefits to all persons in this world; now, therefore, be it
Resolved by the Senate and Assembly of the State of Nevada, Jointly, That the members of the Nevada Legislature hereby urge President Barack Obama and the Congress of the United States to continue to support all efforts made by the Republic of China on Taiwan to gain meaningful participation in the World Health Organization; and be it further
Resolved, That the Secretary of the Senate prepare and transmit a copy of this resolution to the President of the United States, the Vice President of the United States, the Speaker of the House of Representatives, the Secretary of the Department of State, the Secretary of Health and Human Services, the Nevada Congressional Delegation, the Director General of the Taipei Economic and Cultural Office in San Francisco and the Director-General of the World Health Organization; and be it further
Resolved, That this resolution becomes effective upon passage.
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Assembly Concurrent Resolution No. 14Assemblymen Buckley; Aizley, Anderson, Arberry, Atkinson, Bobzien, Carpenter, Christensen, Claborn, Cobb, Conklin, Denis, Dondero Loop, Gansert, Goedhart, Goicoechea, Grady, Gustavson, Hambrick, Hardy, Hogan, Horne, Kihuen, Kirkpatrick, Koivisto, Leslie, Manendo, Mastroluca, McArthur, McClain, Mortenson, Munford, Oceguera, Ohrenschall, Parnell, Pierce, Segerblom, Settelmeyer, Smith, Spiegel, Stewart and Woodbury
Joint Sponsors: Senators Amodei, Breeden, Carlton, Cegavske, Coffin, Copening, Horsford, Lee, Mathews, McGinness, Nolan, Parks, Raggio, Rhoads, Schneider, Townsend, Washington, Wiener and Woodhouse
FILE NUMBER 29
Assembly Concurrent RESOLUTION — Commending the Nevada Womens Lobby on their 20th anniversary.
Whereas, The Nevada Womens Lobby is a statewide, nonpartisan coalition of organizations and individual women and men who advocate on behalf of women, children and families; and
Whereas, Founded in 1988 by a dedicated group of women to improve the status of women and children in this State, the Nevada Womens Lobby held their first public meeting on January 17, 1989, to introduce the organization to the community; and
κ2009 Statutes of Nevada, Page 3186 (FILE NUMBER 29, ACR 14)κ
Whereas, The original Steering Committee consisted of Sarah Chvilicek, Beth Elliot, Elaine Enarson, former State Senator Diana Glomb-Rogan, Helen Jones, Diane Loper, Nancy Moore, Elizabeth Pope and Diane Williams, and the current Steering Committee reflects a diverse demographic from across the State to champion their causes; and
Whereas, The primary work of the Nevada Womens Lobby focuses on lobbying public officials and lawmakers by working with other organizations for maximum effect; and
Whereas, The top legislative issues have included child support enforcement, domestic violence awareness and prevention, child care, education, child welfare, the treatment of incarcerated women, civil rights and womens health, including reproductive health; and
Whereas, Since 1989, the Nevada Womens Lobby has joined with other organizations and individuals during each legislative session for Grassroots Lobby Days, which is 3 days of training, inspiration and lobbying to learn how to more effectively work with the Nevada Legislature to serve the women, children and families of Nevada; and
Whereas, The Nevada Womens Lobby sponsors the Nevada Womens Summit, a statewide conference held in Las Vegas, and other workshops to increase awareness and participation in the political process, and the Nevada Womens Agenda, an affiliate of the Nevada Womens Lobby, concentrates its efforts on educating members and the public on the issues; now, therefore, be it
Resolved by the Assembly of the State of Nevada, the Senate Concurring, That the members of the 75th Nevada Legislature commend the Nevada Womens Lobby on their 20th anniversary of service and dedication to the women, children and families of our State; and be it further
Resolved, That the Chief Clerk of the Assembly prepare and transmit a copy of this resolution to the Nevada Womens Lobby.
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Assembly Concurrent Resolution No. 15Assemblymen McClain; Aizley, Anderson, Arberry, Atkinson, Bobzien, Buckley, Carpenter, Christensen, Claborn, Cobb, Conklin, Denis, Dondero Loop, Gansert, Goedhart, Goicoechea, Grady, Gustavson, Hambrick, Hardy, Hogan, Horne, Kihuen, Kirkpatrick, Koivisto, Leslie, Manendo, Mastroluca, McArthur, Mortenson, Munford, Oceguera, Ohrenschall, Parnell, Pierce, Segerblom, Settelmeyer, Smith, Spiegel, Stewart and Woodbury
Joint Sponsors: Senators Amodei, Breeden, Care, Carlton, Cegavske, Coffin, Copening, Hardy, Horsford, Lee, Mathews, McGinness, Nolan, Parks, Raggio, Rhoads, Schneider, Townsend, Washington, Wiener and Woodhouse
FILE NUMBER 30
Assembly Concurrent RESOLUTION — Proclaiming March 2009 as Womens History Month.
κ2009 Statutes of Nevada, Page 3187 (FILE NUMBER 30, ACR 15)κ
Whereas, American women of every culture, class and ethnic background have participated in the founding and building of our nation and our State, have made historic contributions to the growth and strength of our nation and our State, and have played a critical role in shaping the economic, cultural and social fabric of our society, not in the least of ways through their participation in the labor force, working inside and outside the home, as well as through their participation in our nations military forces; and
Whereas, In addition to securing their own rights of suffrage and equal opportunity, women have served as early leaders in the forefront of every major progressive social change movement, including the abolitionist, industrial labor and civil rights movements; and
Whereas, Despite these contributions, the role of women in the history of our nation and our State has been consistently overlooked and undervalued; and
Whereas, Various efforts and programs have been instituted in Nevada to reverse this trend and provide deserved recognition of the contributions of women; and
Whereas, Envisioned almost 30 years ago by Professor Anne Howard and Dr. Elaine Enarson, the major of Womens Studies was developed at the University of Nevada, Reno, in 1997 by Professor Jennifer Ring, and a masters degree and graduate certificate in Gender, Race and Identity was subsequently created by the current Director of the Womens Studies Program, Dr. Mary Stewart; and
Whereas, With its origins over 30 years ago as an interdisciplinary committee, subsequently a program and finally a department with Ellen Rose as its first director, the Womens Studies Department at the University of Nevada, Las Vegas, offers an undergraduate degree and graduate certificate in Womens Studies; and
Whereas, In addition to satisfying core curriculum requirements, the diverse course offerings in these academic programs at our state universities prepare students for a multitude of future careers and provide the students with insights into the ways in which such factors as gender, race, ethnicity, class, sexuality and age shape their lives; and
Whereas, Created in 1999 by Dr. Joanne Goodwin and Caryll Dziedziak, the Womens Research Institute of Nevada at the University of Nevada, Las Vegas, is a statewide research and policy center dedicated to improving the lives of women in Nevada through research and education, including through its publication of the Status of Women in Nevada Report and the creation of the Las Vegas Women Oral History Project; and
Whereas, Sponsored by the Womens Research Institute of Nevada and graduating its first class in 2003, the National Education for Womens (NEW) Leadership Nevada is an award-winning program open to all college students in Nevada which encourages students to take on public leadership and policymaking roles; now, therefore, be it
Resolved by the Assembly of the State of Nevada, the Senate Concurring, That the members of the 75th Session of the Nevada Legislature proclaim March 2009 as Womens History Month in celebration of the tremendous contributions that women have made to this nation and this State.
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κ2009 Statutes of Nevada, Page 3188κ
Senate Concurrent Resolution No. 15Senators Mathews; Amodei, Breeden, Care, Carlton, Cegavske, Coffin, Copening, Hardy, Horsford, Lee, McGinness, Nolan, Parks, Raggio, Rhoads, Schneider, Townsend, Washington, Wiener and Woodhouse
Joint Sponsors: Assemblymen Leslie; Aizley, Anderson, Arberry, Atkinson, Bobzien, Buckley, Carpenter, Christensen, Claborn, Cobb, Conklin, Denis, Dondero Loop, Gansert, Goedhart, Goicoechea, Grady, Gustavson, Hambrick, Hardy, Hogan, Horne, Kihuen, Kirkpatrick, Koivisto, Manendo, Mastroluca, McArthur, McClain, Mortenson, Munford, Oceguera, Ohrenschall, Parnell, Pierce, Segerblom, Settelmeyer, Smith, Spiegel, Stewart and Woodbury
FILE NUMBER 31
Senate Concurrent RESOLUTION — Recognizing World Kidney Day on March 12, 2009.
Whereas, Thirteen percent of all Nevadans, which includes more than 320,000 people, have some form of kidney damage; and
Whereas, Every year, thousands of Nevadans die prematurely of cardiovascular diseases linked to chronic kidney disease; and
Whereas, Progressive loss of kidney function leads to kidney failure and the need for dialysis or transplantation and possibly leads to death from associated cardiovascular disease; and
Whereas, People who may appear healthy but are found to have chronic kidney disease have their risk of dying prematurely from coronary disease, cerebrovascular disease, peripheral artery disease or heart failure increase tenfold, regardless of whether they develop kidney failure or not; and
Whereas, More than 2,200 residents of Nevada are currently being kept alive by means of dialysis or transplantation; and
Whereas, The number of people in this State who are currently relying on dialysis or transplantation to stay alive is expected to double within the next 10 years; and
Whereas, The total cost of dialysis treatment for patients in Nevada is more than $140 million each year; and
Whereas, Chronic kidney disease screening must become a priority for residents of this State considered to be at high risk for kidney disease; and
Whereas, People considered to be at high risk for kidney disease include those who have been diagnosed with diabetes, hypertension or obesity, smoke, are over 50 years of age or have a family history of diabetes, hypertension or kidney disease; and
Whereas, World Kidney Day increases public awareness of the worldwide health crisis associated with chronic kidney disease; and
Whereas, World Kidney Day calls attention to the crucial role of kidneys and the pressing need for early detection and prevention of kidney disease; now, therefore, be it
Resolved by the Senate of the State of Nevada, the Assembly Concurring, That the members of the 75th Session of the Nevada Legislature recognize March 12, 2009, as World Kidney Day; and be it further
κ2009 Statutes of Nevada, Page 3189 (FILE NUMBER 31, SCR 15)κ
Resolved, That the members of the 75th Session of the Nevada Legislature acknowledge the important role World Kidney Day plays in helping health care professionals, patients and their families and patient advocates in their efforts to stress the importance of early screening and detection of chronic kidney disease; and be it further
Resolved, That the Secretary of the Senate prepare and transmit a copy of this resolution to Christopher Kelley, Chief Executive Officer of the National Kidney Foundation of Northern California and Northern Nevada.
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Assembly Resolution No. 5Assemblymen Buckley, Oceguera and Gansert
FILE NUMBER 32
Assembly RESOLUTION — Adding William D. Swackhamer to the Assembly Wall of Distinction.
Whereas, The Assembly of the Legislature of the State of Nevada has established an Assembly Wall of Distinction for those past members selected by leadership who served with great distinction and who made exemplary contributions to the State of Nevada; and
Whereas, The members of the Nevada Legislature are saddened by the loss of one of their own, former Assemblyman and Secretary of State William D. Swackhamer; and
Whereas, Born in Winnemucca, Nevada, and raised in Battle Mountain, Bill Swack Swackhamer joined the U.S. Army Corps in 1943 and fought in Italy during World War II, returning in 1946 to run his familys general store in Battle Mountain; and
Whereas, Swack was a shy, modest and unassuming man who enjoyed baseball and books and working in his general store in Battle Mountain; and
Whereas, Swack was handpicked by party officials in Lander County to run for the State Assembly and won his first term in 1946, representing the residents of Eureka, Lander and Pershing Counties as Assemblyman from 1946 to 1972, as Speaker of the Assembly for two regular sessions in 1957 and 1965 and for three special sessions in 1958, 1965 and 1966, and as Majority Floor Leader in the 1967 Regular Session and 1968 Special Session of the Legislature; and
Whereas, Swacks tenure in the Assembly included 14 regular and seven special legislative sessions, and as Assemblyman, he supported rural interests, including building hospitals, schools and other facilities in rural Nevada, securing funds for the improvement of county roads throughout the State and fighting government waste throughout his political career; and
Whereas, Swack made protecting the health and beauty of Lake Tahoe a focus of his career in public service, along with spearheading the effort to institute a gaming tax to create the Capital Construction Fund for Higher Education; and
Whereas, Former Speaker Swackhamer was appointed Nevadas Secretary of State in 1973 and won three successive elections, leaving office in 1987 after overseeing the computerization of that offices operations, a remarkable 40 years after his first election to the Assembly; and
κ2009 Statutes of Nevada, Page 3190 (FILE NUMBER 32, AR 5)κ
Whereas, Swack had a wonderfully dry sense of humor and was known to advise other politicians who might be tempted to take themselves too seriously to first look across the aisle and remember, that person too was elected to public office; and
Whereas, Bill passed away while staying with his daughter Becky in Idaho on July 10, 2008, at the age of 93 and was buried alongside his beloved wife Joyce in his chosen resting place of Battle Mountain; now, therefore be it
Resolved by the Assembly of the State of Nevada, That Assemblyman and Secretary of State William D. Swackhamer, who gave 40 years of his life to steadfastly serving all Nevadans with intelligence, candor and determination, is hereby added to the Assembly Wall of Distinction.
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Assembly Resolution No. 6Assemblymen Buckley, Oceguera and Gansert
FILE NUMBER 33
Assembly RESOLUTION — Adding John W. Marvel to the Assembly Wall of Distinction.
Whereas, The Assembly of the Legislature of the State of Nevada has established an Assembly Wall of Distinction for those past members selected by leadership who served with great distinction and who made exemplary contributions to the State of Nevada; and
Whereas, A native of this State, John W. Marvel was born in Battle Mountain, Nevada, and graduated from the University of Nevada, Reno; and
Whereas, At the urging of Norman Glaser and Dean Rhoads, Mr. Marvel ran for the Nevada Assembly and was first elected in 1978, serving for 30 years, which included 15 regular sessions and 11 special sessions; and
Whereas, During his service in the Nevada Legislature, this dedicated public servant was recognized as a leader of utmost integrity, resulting in his partys selecting him for service as Minority Floor Leader in 1993; and
Whereas, Assemblyman Marvel contributed in forming policy affecting the people of the State of Nevada by steadfastly working to protect the interests of Nevadas rural counties and successfully sponsoring legislation on a wide variety of subjects, though he is proudest of his legislative efforts to reform the prison system, tax structure and water laws of this State; and
Whereas, As an extension of his dedication to our State, this revered Legislator represented Nevada by casting one of its five electoral college votes for the 2004 presidential election; and
Whereas, Mr. Marvel earned distinction during his service in the Nevada Legislature through his contributions to national and regional legislative organizations, including the American Legislative Exchange Council and the Western Legislative Conference; and
Whereas, This longtime rancher with deep-rooted ties to rural Nevada served as President of the Nevada Cattlemens Association; and
Whereas, A recognized expert in many fields, this distinguished Nevadan served as Chairman of the Nevada Tax Commission and the Lander County Planning Commission and as a member of the Advisory Council to the National Public Land Law Review Commission; and
κ2009 Statutes of Nevada, Page 3191 (FILE NUMBER 33, AR 6)κ
Whereas, His expertise led Assemblyman Marvel to serve as an invaluable member and leader of many legislative committees, including as Chairman of the Ways and Means Committee during the 1985 regular session and Cochairman during the 1995 regular session; and
Whereas, Those who have had the good fortune to work with John have exceptionally high opinions of him and fondly regard him as a thoughtful, caring, down-to-earth, responsible man with a great sense of humor, who always thinks of others needs first; now, therefore, be it
Resolved by the Assembly of the State of Nevada, That Assemblyman John W. Marvel, who dedicated 30 years of his life to representing the interests of all Nevadans in the State Assembly with diligence, integrity and fairness, is hereby added to the Assembly Wall of Distinction.
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Assembly Resolution No. 7Assemblymen Buckley, Oceguera and Gansert
FILE NUMBER 34
Assembly RESOLUTION — Adding Kimberly Ann Morgan to the Assembly Wall of Distinction.
Whereas, The Assembly of the Legislature of the State of Nevada has established an Assembly Wall of Distinction for those past members selected by leadership who served with great distinction and who made exemplary contributions to the State of Nevada; and
Whereas, The Assembly wishes to add to its Wall of Distinction those past staff members who are selected by leadership to be acknowledged for their exemplary service to the Assembly; and
Whereas, Kimberly Ann Morgan was born in Washington, D.C., on October 1, 1956, and came to Nevada with her family in 1972; and
Whereas, Kim is the daughter of the esteemed Richard Linn Morgan, who dedicated many years of his professional life to improving public policy and education in Nevada through his work as a legislative advocate; and
Whereas, Ms. Morgan joined early in her fathers steadfast commitment to public service by going to work with the Nevada State Library as a high school student in January of 1973; and
Whereas, Kim began her career with the Legislative Counsel Bureau as a typist in that same year and worked her way up through the organization, becoming a committee secretary in January of 1975; and
Whereas, Kim left Nevada in 1977 to attend the University of Oklahoma College of Law only to return to the Legislative Counsel Bureau in 1980 to take a position as Deputy Legislative Counsel; and
Whereas, Quickly rising to the positions of Assembly Bill Drafting Adviser and Chief Deputy Legislative Counsel, Kim tutored every new legislator in the Assembly for over 20 years in how to read the law and taught many young bill drafters how to write it; and
Whereas, Kims intelligence, kindness, diligence and devotion to this institution were second to none and were in no small part responsible for many of the legislative successes celebrated in the Assembly; and
κ2009 Statutes of Nevada, Page 3192 (FILE NUMBER 34, AR 7)κ
Whereas, Kims concern for and generosity toward others have always extended beyond this institution to her community and church, as is evidenced by Kims commitment to entering the priesthood through St. Peters Episcopal Church of Carson City; and
Whereas, Kims husband John Slider, her mother Barbara Morgan, her brother Randy Morgan and her late father Dick Morgan no doubt share in the Assemblys pride at being able to call Kim one of their own; and
Whereas, Kims ongoing dedication to the State of Nevada, her community, her church and her family are an example to which we all can aspire; now, therefore, be it
Resolved by the Assembly of the State of Nevada, That in recognition of her exemplary service to the Legislature, through which she ensured the skillful, timely production of legislation and helped us all learn what craft, dedication and compassion really look like, Kimberly Ann Morgan is hereby added to the Assembly Wall of Distinction.
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Senate Resolution No. 5Senators Care; Amodei, Breeden, Carlton, Cegavske, Coffin, Copening, Hardy, Horsford, Lee, Mathews, McGinness, Nolan, Parks, Raggio, Rhoads, Schneider, Townsend, Washington, Wiener and Woodhouse
FILE NUMBER 35
Senate RESOLUTION — Memorializing Robert L. McDonald, Reno attorney and community leader.
Whereas, The active, altruistic life of Robert L. McDonald is worthy of the highest esteem and evidences the philosophy that life is to be spent, not saved; and
Whereas, Robert was a native Nevadan, born in Reno on March 15, 1920, to newspaper publisher Joseph F. McDonald and Leola Lewis McDonald, and in 1938, he graduated from Reno High School, where he played football and demonstrated his propensity for leadership when he was elected President of the student body; and
Whereas, Robert attended Santa Clara University until joining the Army Air Corps in 1941 and earned distinction for his service in the Aleutian Islands and later as Squadron Commander of the 46th Fighter Squadron on the island of Iwo Jima; and
Whereas, While he was stationed in Everett, Washington, Robert married his hometown sweetheart, Gloria Peck, on January 27, 1942, and at the end of the war, completed his undergraduate degree at the University of Nevada, Reno, graduated from the University of San Francisco School of Law and became a licensed attorney in Nevada; and
Whereas, In 1952, Robert entered the private practice of law and later established the law firm of McDonald Carano Wilson LLP, founded several of Northern Nevadas most successful gaming companies, was a principal in the development of Incline Village and served as a founding member of the Board of Trustees of the Incline Village General Improvement District; and
κ2009 Statutes of Nevada, Page 3193 (FILE NUMBER 35, SR 5)κ
Whereas, Because of the kind and generous nature of Robert and his firmly held belief that every person had the right to legal representation, Robert provided extensive pro bono work to persons who might not otherwise have had assistance; and
Whereas, This selfless mans generosity with time and money extended into many realms other than the law, as he helped numerous people get started in business, was instrumental in starting the Junior Ski Program and Pop Warner Football in Reno, even paying for football uniforms and equipment himself, was affiliated with the American Lung Association and, as probably his most fulfilling project which he took on later in life, founded Fun Camp, Inc., a program that allows underprivileged children to attend summer camp at Mountain Meadow Ranch in the Sierra Nevada Mountains; now, therefore, be it
Resolved by the Senate of the State of Nevada, That the members of the 75th Session of the Nevada Legislature express their sincere condolences to the family and friends of Robert L. McDonald, whose commitment and devotion to his family, community, state and country speak volumes; and be it further
Resolved, That this feisty Irishmans contributions and accomplishments will long be remembered and remarked upon by those whose lives he touched and that his leadership and dedication to improving the lives of others provides an example for all to follow; and be it further
Resolved, That the Secretary of the Senate prepare and transmit a copy of this resolution to Roberts daughters, Martha McDonald Wagner and Peggy McDonald Montgomery, and his son, Tim McDonald.
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Senate Concurrent Resolution No. 17Senators Woodhouse; Amodei, Breeden, Care, Carlton, Cegavske, Coffin, Copening, Hardy, Horsford, Lee, Mathews, McGinness, Nolan, Parks, Raggio, Rhoads, Schneider, Townsend, Washington and Wiener
Joint Sponsors: Assemblymen Dondero Loop; Aizley, Anderson, Arberry, Atkinson, Bobzien, Buckley, Carpenter, Christensen, Claborn, Cobb, Conklin, Denis, Gansert, Goedhart, Goicoechea, Grady, Gustavson, Hambrick, Hardy, Hogan, Horne, Kihuen, Kirkpatrick, Koivisto, Leslie, Manendo, Mastroluca, McArthur, McClain, Mortenson, Munford, Oceguera, Ohrenschall, Parnell, Pierce, Segerblom, Settelmeyer, Smith, Spiegel, Stewart and Woodbury
FILE NUMBER 36
Senate Concurrent RESOLUTION — Honoring Charlotte Hill for her volunteerism and support of education.
Whereas, Embodying Sir Winston Churchills maxim We make a living by what we get, but we make a life by what we give, the life of Charlotte Hill is indeed well made, owing to her magnanimous volunteer support of education in Nevada in diverse roles; and
Whereas, Because of Charlottes commitment to the College of Southern Nevada Foundation and her various fundraising efforts, the College of Southern Nevada and the University of Nevada, Las Vegas, have been able to provide multiple scholarships; and
κ2009 Statutes of Nevada, Page 3194 (FILE NUMBER 36, SCR 17)κ
of Southern Nevada and the University of Nevada, Las Vegas, have been able to provide multiple scholarships; and
Whereas, Thousands of economically disadvantaged children have been able to attend summer camp as a result of Charlotte Hills proposal in the 1960s that the Board of Directors of the Economic Opportunity Board of Clark County, of which she was a member, apply for a grant to provide such experiences; and
Whereas, After the grant was expended, Charlotte approached the founder and publisher of the Las Vegas Sun, and the combined efforts of the newspaper and this tireless humanitarian resulted in the Las Vegas Sun Summer Camp Fund, to which individuals, organizations and local businesses have contributed for over 38 years; and
Whereas, Charlotte has dedicated innumerable volunteer hours to help educate and encourage young people through such organizations as the Girl Scouts, Boys and Girls Clubs, United Way of America and Variety Early Learning Center; and
Whereas, In 1971, Charlotte convened a group of community leaders who founded Friends of Channel 10 to raise private support for KLVX, Nevadas first educational and public television station, and since that time, she has dedicated untold hours to the station, been highly effective in fundraising events and served in various capacities in support of local public television as well as the National Friends of Public Broadcasting; and
Whereas, In addition to numerous community awards, Charlotte has been honored with the status of Distinguished Nevadan by the University of Nevada, Las Vegas, and Citizen of the Year by the Greater Las Vegas Association of Realtors and has received the Alexis de Tocqueville Award from the United Way of America; and
Whereas, In recognition and in honor of the everlasting contributions of Charlotte Hill, her name is immortalized through Charlotte Hill Elementary School, the Charlotte Hill Society and the Charlotte Hill Volunteer in Fund-Raising Award; now, therefore, be it
Resolved by the Senate of the State of Nevada, the Assembly Concurring, That the members of the 75th Session of the Nevada Legislature express their appreciation to Charlotte Hill for her immeasurable volunteer support of education and for the endless contributions she has made to the young people of this State; and be it further
Resolved, That the gifts of service to those whose lives have been touched and enriched by the benevolence of this kindhearted woman will long be remembered and inspire all Nevadans to give of themselves; and be it further
Resolved, That the Secretary of the Senate prepare and transmit a copy of this resolution to Charlotte Hill.
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κ2009 Statutes of Nevada, Page 3195κ
Senate Concurrent Resolution No. 18Senators Raggio; Amodei, Breeden, Care, Carlton, Cegavske, Coffin, Copening, Hardy, Horsford, Lee, Mathews, McGinness, Nolan, Parks, Rhoads, Schneider, Townsend, Washington, Wiener and Woodhouse
Joint Sponsors: Assemblymen Bobzien; Aizley, Anderson, Arberry, Atkinson, Buckley, Carpenter, Christensen, Claborn, Cobb, Conklin, Denis, Dondero Loop, Gansert, Goedhart, Goicoechea, Grady, Gustavson, Hambrick, Hardy, Hogan, Horne, Kihuen, Kirkpatrick, Koivisto, Leslie, Manendo, Mastroluca, McArthur, McClain, Mortenson, Munford, Oceguera, Ohrenschall, Parnell, Pierce, Segerblom, Settelmeyer, Smith, Spiegel, Stewart and Woodbury
FILE NUMBER 37
Senate Concurrent RESOLUTION — Commemorating the 50th anniversary of the Nevada Desert Research Institute.
Whereas, The Desert Research Institute was established by an act of the Nevada Legislature on March 23, 1959, to contribute to the security of the nation and to promote the general welfare of the State of Nevada and its residents through the development of educational and scientific research; and
Whereas, The Desert Research Institute is celebrating its 50th year as a leading institution for research in atmospheric, hydrologic, and earth and ecosystem sciences, with approximately 300 research projects at any given time on every continent; and
Whereas, While fostering and conducting fundamental scientific, economic, social and educational research for half a century, the Institute has made numerous milestone contributions to science and engineering; and
Whereas, The Desert Research Institute is ranked 19th in the nation by the National Science Foundation in environmental research and developmental expenditures; and
Whereas, Bringing scientific renown to the State of Nevada, the Institutes entrepreneurial, untenured research scientists conduct research worldwide from their main campuses in Reno and Las Vegas, while encouraging and fostering a desire in students to conduct research; and
Whereas, Desert Research Institute President Stephen G. Wells, Ph.D., has led the Institute through a decade of tremendous growth in research sciences pertaining to air, water, land and life; and
Whereas, Atmospheric physicist, John Hallett, Ph.D., is a Fellow of the American Meteorological Society, holds the Desert Research Institutes Edgar J. Marston Professorship of Atmospheric Physics, is a recipient of the Desert Research Institutes Dandini Medal of Science in 1995 and the University of Nevada Board of Regents Researcher Award in 1998, and has brought great honor and distinction to himself, the Institute and the State of Nevada through his groundbreaking investigations of the properties of precipitation, particularly ice crystals, since joining the Institute in 1966; now, therefore, be it
κ2009 Statutes of Nevada, Page 3196 (FILE NUMBER 37, SCR 18)κ
Resolved by the Senate of the State of Nevada, the Assembly Concurring, That the members of the 75th Session of the Nevada Legislature proclaim March 23, 2009, as a day in honor of the Nevada Desert Research Institute; and be it further
Resolved, That the Nevada Legislature commends the scientific goals and achievements of the Nevada Desert Research Institute and wishes the Institute continued success in scientific research and exploration and in the discovery and development of new talent to conduct research; and be it further
Resolved, That the Secretary of the Senate prepare and transmit a copy of this resolution to Stephen G. Wells, Ph.D., President, Desert Research Institute, and John Hallett, Ph.D.
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Assembly Concurrent Resolution No. 20Assemblymen Buckley; Aizley, Anderson, Arberry, Atkinson, Bobzien, Carpenter, Christensen, Claborn, Cobb, Conklin, Denis, Dondero Loop, Gansert, Goedhart, Goicoechea, Grady, Gustavson, Hambrick, Hardy, Hogan, Horne, Kihuen, Kirkpatrick, Koivisto, Leslie, Manendo, Mastroluca, McArthur, McClain, Mortenson, Munford, Oceguera, Ohrenschall, Parnell, Pierce, Segerblom, Settelmeyer, Smith, Spiegel, Stewart and Woodbury
Joint Sponsors: Senators Amodei, Breeden, Care, Carlton, Cegavske, Coffin, Copening, Hardy, Horsford, Lee, Mathews, McGinness, Nolan, Parks, Raggio, Rhoads, Schneider, Townsend, Washington, Wiener and Woodhouse
FILE NUMBER 38
Assembly Concurrent RESOLUTION — Commending Justice A. William Maupin for his extraordinary service to the State of Nevada.
Whereas, William Maupin was born into a medical family, his father serving for 30 years in the United States Army Medical Corps and his mother being an accomplished surgical nurse, and he was set to be the fourth generation of physicians in his family; and
Whereas, Fortunately for the justice system in Nevada, this young man considered becoming involved with the law and, upon hearing an attorney speak during Career Day at Western High School in Las Vegas, was inspired to pursue a judicial career; and
Whereas, Maupin attended the University of Nevada, Reno, and the University of Arizona College of Law, and after graduating ninth in his law class, began his professional legal career as a law clerk for the Attorney Generals Office in Carson City; and
Whereas, Subsequent to working in several Nevada law firms and in the Public Defenders Office, where he developed a reputation as an excellent trial attorney, Maupin was appointed to the Eighth Judicial District Court in 1993, was elected to the Nevada Supreme Court in 1996, became Chief Justice in 2001, was elected again in 2002 and again served as Chief Justice in 2008; and
κ2009 Statutes of Nevada, Page 3197 (FILE NUMBER 38, ACR 20)κ
Whereas, Among this judicial scholars accomplishments are the establishment of seminars to support paraprofessionals, impetus for Nevadas Court Annexed Arbitration Program, service on the Board of Governors of the State Bar of Nevada for 4 years and chairmanship of a Supreme Court committee tasked with reviewing judicial elections; and
Whereas, During his two terms on the Supreme Court, Justice Maupin created a Nevada legacy as he addressed overcrowded prisons and increasing drug habits in the State, helped assure adequate legal representation for the indigent and made great strides in fostering a better, more qualified judiciary of which all Nevadans can be proud; and
Whereas, Justice Maupin was the recipient of the Roger D. Foley Professionalism Award in 1997, and his name appears in Whos Who in America; and
Whereas, In addition to his judicial career and his family activities, William Maupin has demonstrated his great humanitarianism and stamina by learning to do eye exams and devoting a week in every year since 2002 to assisting a medical team in Haiti; and
Whereas, After serving 37 years in Nevadas legal community, Justice Maupin retired from the bench of the Nevada Supreme Court, and his service to Nevada, its residents and society in general embodies the words of Aristotle, With regard to excellence, it is not enough to know, but we must try to have and use it; now, therefore, be it
Resolved by the Assembly of the State of Nevada, the Senate Concurring, That the members of the 75th Nevada Legislature commend the Honorable Justice A. William Maupin for his extraordinary service to this State; and be it further
Resolved, That the Legislature expresses its profound respect and gratitude for his efforts to improve the judicial system in the State of Nevada; and be it further
Resolved, That the Chief Clerk of the Assembly prepare and transmit a copy of this resolution to Justice A. William Maupin.
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Assembly Resolution No. 8Committee on Elections, Procedures, Ethics, and Constitutional Amendments
FILE NUMBER 39
Assembly RESOLUTION — Providing for the appointment of an additional attache for the Assembly.
Resolved by the Assembly of the State of Nevada, That Christopher Caldwell is elected as an additional attache of the Assembly for the 75th Session of the Nevada Legislature.
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κ2009 Statutes of Nevada, Page 3198κ
Senate Concurrent Resolution No. 20Senators Raggio; Amodei, Breeden, Care, Carlton, Cegavske, Coffin, Copening, Hardy, Horsford, Lee, Mathews, McGinness, Nolan, Parks, Rhoads, Schneider, Townsend, Washington, Wiener and Woodhouse
Joint Sponsors: Assemblymen Gansert; Aizley, Anderson, Arberry, Atkinson, Bobzien, Buckley, Carpenter, Christensen, Claborn, Cobb, Conklin, Denis, Dondero Loop, Goedhart, Goicoechea, Grady, Gustavson, Hambrick, Hardy, Hogan, Horne, Kihuen, Kirkpatrick, Koivisto, Leslie, Manendo, Mastroluca, McArthur, McClain, Mortenson, Munford, Oceguera, Ohrenschall, Parnell, Pierce, Segerblom, Settelmeyer, Smith, Spiegel, Stewart and Woodbury
FILE NUMBER 40
Senate Concurrent RESOLUTION — Designating March 25, 2009, as Diabetes Awareness Day in Nevada.
Whereas, Diabetes is a serious and debilitating disease that poses a major health problem to the residents of the State of Nevada; and
Whereas, Diabetes is the sixth leading cause of death in the United States, with almost 18 million people having been diagnosed with the disease; and
Whereas, An alarming number of people, almost six million, in the United States remain undiagnosed because of lack of education and information regarding diabetes; and
Whereas, In addition to a high mortality rate, diabetes has life-threatening complications such as blindness, kidney disease and nerve disease, which may lead to lower limb amputations, heart disease and stroke; and
Whereas, Many people are unaware that there is an increased risk because of factors such as age, obesity and a sedentary lifestyle and that risk may be averted through known preventive measures; and
Whereas, Diabetes is one of the most expensive health problems in the United States, costing $174 billion annually in expenses directly and indirectly related to the disease; and
Whereas, It is estimated that the population of this State will expand by more than 1.3 million over the next 20 years, causing a great economic burden on the State and its residents, in addition to the human suffering, if this disease goes unchecked; and
Whereas, The cooperative efforts in the production and dissemination of the Nevada Diabetes Resource Directory and the Recommendations For Management Of Children With Diabetes In School of the Nevada Diabetes Association for Children and Adults will have a great impact in reducing the incidence of diabetes by promoting community awareness; now, therefore, be it
Resolved by the Senate of the State of Nevada, the Assembly Concurring, That March 25, 2009, is hereby designated as Diabetes Awareness Day in Nevada; and be it further
Resolved, That the Nevada Legislature hereby commends the Nevada Diabetes Council and the Nevada Diabetes Association for Children and Adults for their efforts to reduce the effects of diabetes on the residents of this State by supplying them with resources and information; and be it further
κ2009 Statutes of Nevada, Page 3199 (FILE NUMBER 40, SCR 20)κ
Adults for their efforts to reduce the effects of diabetes on the residents of this State by supplying them with resources and information; and be it further
Resolved, That the Secretary of the Senate prepare and transmit a copy of this resolution to Chris Moore, Chairperson of the Nevada Diabetes Council, and to Mylan Hawkins, Executive Director of the Nevada Diabetes Association for Children and Adults.
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Senate Concurrent Resolution No. 21Senators Wiener; Amodei, Breeden, Care, Carlton, Cegavske, Coffin, Copening, Hardy, Horsford, Lee, Mathews, McGinness, Nolan, Parks, Raggio, Rhoads, Schneider, Townsend, Washington and Woodhouse
Joint Sponsors: Assemblymen Segerblom; Aizley, Anderson, Arberry, Atkinson, Bobzien, Buckley, Carpenter, Christensen, Claborn, Cobb, Conklin, Denis, Dondero Loop, Gansert, Goedhart, Goicoechea, Grady, Gustavson, Hambrick, Hardy, Hogan, Horne, Kihuen, Kirkpatrick, Koivisto, Leslie, Manendo, Mastroluca, McArthur, McClain, Mortenson, Munford, Oceguera, Ohrenschall, Parnell, Pierce, Settelmeyer, Smith, Spiegel, Stewart and Woodbury
FILE NUMBER 41
Senate Concurrent RESOLUTION — Promoting awareness of building, fire and life safety standards for certain facilities that board animals.
Whereas, The human-animal bond is a mutually beneficial and dynamic relationship between people and animals that is influenced by behaviors that are essential to the health and well-being of both; and
Whereas, Facilities that house animals are broadly classified as storage or retail facilities, and based upon review of available fire loss data, the current building, fire and life safety codes do not address the safety of the animal occupants; and
Whereas, These facilities are subject to disasters such as fire, flooding, high winds, earthquakes, blizzards, hazardous material spills and any number of other events; and
Whereas, Both domesticated and feral animals lack the ability of self-preservation when housed in buildings and other structures and are unable to escape or care for themselves in a fire; and
Whereas, Traditional building, fire and life safety codes lack specificity and do not address mandates such as the fire resistance rating of structural elements, smoke management systems, fire sprinklers, fire alarms and means of egress for animal inhabitants; and
Whereas, The National Fire Protection Association, through the efforts of its Technical Committee on Animal Housing Facilities, has taken an important step forward to remedy this situation by publishing NFPA 150: Standard on Fire and Life Safety in Animal Housing Facilities, which provides minimum requirements for the design, construction, fire protection and classification of animal housing facilities and provides additional safeguards for animals; and
κ2009 Statutes of Nevada, Page 3200 (FILE NUMBER 41, SCR 21)κ
Whereas, The Technical Committee, with members from various interest groups such as consultants, government officials, manufacturers, zoos, insurance companies, animal welfare organizations, works to facilitate better care for all animals; and
Whereas, According to NFPA 101: Life Safety Code, which is enforced in 40 states, storage occupancies are defined as those occupancies used for the storage or sheltering of goods, merchandise, products, vehicles or animals, and NFPA 150 bridges the gap between the adopted fire and building codes with regard to facilities that care for or manage animals; now, therefore, be it
Resolved by the Senate of the State of Nevada, the Assembly Concurring, That the members of the 75th Session of the Nevada Legislature join with all Nevadans in encouraging the establishment and enforcement of building, fire and life safety codes that protect animals that have been put in our care; and be it further
Resolved, That this Legislature supports NFPA 150 as a standard for the housing and protection of animals; and be it further
Resolved, That the Secretary of the Senate prepare and transmit a copy of this resolution to the Nevada Veterinary Medical Association, Nevada Humane Society, SPCA of Northern Nevada, Nevada Society for the Prevention of Cruelty to Animals, Nevada State Fire Marshal, Fire Chief of the Clark County Fire Department, Nevada Association of Counties, and Nevada League of Cities and Municipalities for distribution to their members, as appropriate.
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Assembly Concurrent Resolution No. 21Assemblymen Smith; Aizley, Anderson, Arberry, Atkinson, Bobzien, Buckley, Carpenter, Christensen, Claborn, Cobb, Conklin, Denis, Dondero Loop, Gansert, Goedhart, Goicoechea, Grady, Gustavson, Hambrick, Hardy, Hogan, Horne, Kihuen, Kirkpatrick, Koivisto, Leslie, Manendo, Mastroluca, McArthur, McClain, Mortenson, Munford, Oceguera, Ohrenschall, Parnell, Pierce, Segerblom, Settelmeyer, Spiegel, Stewart and Woodbury
Joint Sponsors: Senators Amodei, Breeden, Care, Carlton, Cegavske, Coffin, Copening, Hardy, Horsford, Lee, Mathews, McGinness, Nolan, Parks, Raggio, Rhoads, Schneider, Townsend, Washington, Wiener and Woodhouse
FILE NUMBER 42
Assembly Concurrent RESOLUTION — Commending the extraordinary work of the Angel Kiss Foundation in helping families of children with cancer.
Whereas, The Angel Kiss Foundation was originally created in Virginia in 1990 by David and Barbara Rosin, in memory of five-year-old Jarryd, their grandson, who was diagnosed in 1987 with leukemia, and after they relocated to Reno, they saw the need for an organization to help families in Nevada, and they established the Angel Kiss Foundation in 1997; and
κ2009 Statutes of Nevada, Page 3201 (FILE NUMBER 42, ACR 21)κ
Whereas, Frequently, families with children in Northern Nevada who have cancer must travel out of state to access treatment, which often results in an additional burden on families who are already facing the challenges of maintaining a household, caring for other children, making medical decisions and paying the astronomical costs associated with cancer; and
Whereas, Since its inception, the Foundation has provided more than $587,000 in direct assistance to more than 205 families in northern Nevada; and
Whereas, The Foundation serves northern Nevada as well as parts of central Nevada and the eastern Sierras in California; and
Whereas, In addition to financial assistance, the Foundation provides emotional support to children and families through its Connecting Families program, available to all families affected by pediatric cancer at no charge, with the goal of providing a safe social environment where children and families bond and parents keep abreast of all available resources through sharing experiences, ideas and information; and
Whereas, The Kids Club, one of the two subprograms of Connecting Families, allows children affected by pediatric cancer and their siblings to participate in activities such as pizza parties, art projects, cooking nights, pool tournaments, outings and games, while providing parents with some downtime without the need to pay child care costs; and
Whereas, Courage Together, the other subprogram, is a collaborative effort with the Keaton Raphael Memorial Foundation and provides peer support groups for children with cancer and their families in a safe, professionally supervised environment; and
Whereas, In addition to the core programs, which provide financial assistance and emotional support, the Angel Kiss Foundation offers many more services to children affected by cancer and their families, including professional referral services and an on-line community forum, and also hosts social events such as holiday parties; and
Whereas, The Angel Kiss Foundations commendable work generously provides invaluable financial assistance and emotional support to cancer-stricken children and their families in times of their greatest need, ensuring that children in northern Nevada have access to treatment, regardless of their families financial situations; now, therefore, be it
Resolved by the Assembly of the State of Nevada, the Senate Concurring, That the members of the 75th Session of the Nevada Legislature hereby express their sincere gratitude to the Angel Kiss Foundation; and be it further
Resolved, That the Chief Clerk of the Assembly prepare and transmit a copy of this resolution to the Rosin Family and to Julie Tholl DeJan, Executive Director of the Angel Kiss Foundation.
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κ2009 Statutes of Nevada, Page 3202κ
Assembly Concurrent Resolution No. 22Assemblymen Claborn; Aizley, Anderson, Arberry, Atkinson, Bobzien, Buckley, Carpenter, Christensen, Cobb, Conklin, Denis, Dondero Loop, Gansert, Goedhart, Goicoechea, Grady, Gustavson, Hambrick, Hardy, Hogan, Horne, Kihuen, Kirkpatrick, Koivisto, Leslie, Manendo, Mastroluca, McArthur, McClain, Mortenson, Munford, Oceguera, Ohrenschall, Parnell, Pierce, Segerblom, Settelmeyer, Smith, Spiegel, Stewart and Woodbury
Joint Sponsors: Senators Amodei, Breeden, Care, Carlton, Cegavske, Coffin, Copening, Hardy, Horsford, Lee, Mathews, McGinness, Nolan, Parks, Raggio, Rhoads, Schneider, Townsend, Washington, Wiener and Woodhouse
FILE NUMBER 43
Assembly Concurrent RESOLUTION — Designating March 31, 2009, to honor the Kerak Shrine Temple and the Zelzah Shrine Temple.
Whereas, What was to become the Ancient Arabic Order of the Nobles of the Mystic Shrine for North America, an international fraternity based on fun, fellowship and the Masonic principles of brotherly love, relief and truth, was formed in New York City in 1872 and now has approximately 400,000 Shriners who are members of 191 temples throughout the United States, Canada, Mexico and the Republic of Panama; and
Whereas, While many associate the Shriners with the guys in parades wearing wild costumes who drive funny little cars or with circuses, clowns and, their distinctive symbol, the red fez with a black tassel, they are better known as the Worlds Greatest Fraternity that is responsible for funding and operating the Worlds Greatest Philanthropy, the Shriners Hospitals for Children; and
Whereas, While formed primarily as a social organization, the Shriners, always involved in philanthropic work, wanted to do more for humanity, leading to the opening of 22 Shriners Hospitals for Children, often called the heart and soul of the Shrine; and
Whereas, Since 1922, Shriners Hospitals have helped approximately 865,000 children, at no charge to the families, regardless of financial need, and have a three-fold mission of expert treatment, cutting-edge research and outstanding teaching programs; and
Whereas, More than 8,000 physicians have received training at Shriners Hospitals over the past 20 years, and since beginning a formal research program more than 40 years ago, more than $515 million has been invested in research projects; and
Whereas, Children with orthopedic conditions, severe burns, spinal cord injuries, and cleft lip and palate are eligible for medical treatment and, in addition, receive psychosocial, nutritional and recreational care; and
Whereas, The Shriners Hospitals are supported by a $5 annual assessment from each Shriner, contributions, bequests and various fundraisers, one of the largest of which is the annual Shrine Circus, first performed in Detroit, Michigan, in 1906; and
κ2009 Statutes of Nevada, Page 3203 (FILE NUMBER 43, ACR 22)κ
Whereas, Fundraisers for the Kerak Shrine Temple, the Northern Nevada chapter, include such annual events as the Capitol Shrine Bowl in Sacramento, California, which funds the transportation of children to out-of-state Shriners Hospitals, and the Kerak Shrine Circus, in which some of the Shriners perform as the Kerak Klowns; and
Whereas, Fundraisers for the Zelzah Shrine Temple, the Southern Nevada chapter, include such annual events as the Justin Timberlake Shriners Hospitals for Children Open, the Lance Burton & Friends benefit and the Vidalia onion sale; now, therefore, be it
Resolved by the Assembly of the State of Nevada, the Senate Concurring, That March 31, 2009, is hereby designated to honor the Kerak Shrine Temple and the Zelzah Shrine Temple for their philanthropic work and dedication to the children of Nevada; and be it further
Resolved, That the Chief Clerk of the Assembly prepare and transmit a copy of this resolution to Art Cline, Potentate of the Kerak Shrine Temple, and to Thomas D. Welsh, Potentate of the Zelzah Shrine Temple.
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Assembly Concurrent Resolution No. 23Committee on Elections, Procedures, Ethics, and Constitutional Amendments
FILE NUMBER 44
Assembly Concurrent RESOLUTION — Expressing support for the 2010 Census.
Whereas, The decennial Census is required by Article 1, Section 2 of the Constitution of the United States of America; and
Whereas, The Census presents a once-in-a-decade snapshot of the population and changing demographics of every state in the union; and
Whereas, The State of Nevada has a tremendous amount to gain through the Census process, given the remarkable growth this State has experienced over the last several decades; and
Whereas, This growth means more representation in Congress and more per capita dollars, ensuring that Nevada collects an equitable share of federal funding; and
Whereas, A recent analysis by the Nevada State Data Center and the Legislative Counsel Bureau indicated that every person missed by the Census reflects $917 in lost per capita federal funding per year; and
Whereas, Businesses, community groups and local governments throughout the State are coming together over the next 12 months to form Complete Count Committees and educate their fellow Nevadans on the importance of participation and the thousands of job opportunities the Census represents; now, therefore, be it
Resolved by the Assembly of the State of Nevada, the Senate Concurring, That the members of the 75th Session of the Nevada Legislature do hereby express their support for the 2010 Census; and be it further
Resolved, That April 1, 2009, to April 1, 2010, be proclaimed the Year of the Census as a means of demonstrating support for the Census in Nevada; and be it further
κ2009 Statutes of Nevada, Page 3204 (FILE NUMBER 44, ACR 23)κ
Resolved, That the Chief Clerk of the Assembly prepare and transmit a copy of this resolution to Jeff Hardcastle, Nevada State Demographer.
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Assembly Concurrent Resolution No. 24Assemblymen Denis, Kihuen; Aizley, Anderson, Arberry, Atkinson, Bobzien, Buckley, Carpenter, Christensen, Claborn, Cobb, Conklin, Dondero Loop, Gansert, Goedhart, Goicoechea, Grady, Gustavson, Hambrick, Hardy, Hogan, Horne, Kirkpatrick, Koivisto, Leslie, Manendo, Mastroluca, McArthur, McClain, Mortenson, Munford, Oceguera, Ohrenschall, Parnell, Pierce, Segerblom, Settelmeyer, Smith, Spiegel, Stewart and Woodbury
Joint Sponsors: Senators Amodei, Breeden, Care, Carlton, Cegavske, Coffin, Copening, Hardy, Horsford, Lee, Mathews, McGinness, Nolan, Parks, Raggio, Rhoads, Schneider, Townsend, Washington, Wiener and Woodhouse
FILE NUMBER 45
Assembly Concurrent RESOLUTION — Encouraging the celebration of Americas immigrant roots.
Whereas, Walt Whitman wrote of America, Here is not merely a nation but a teeming nation of nations, and if we could be transported back to any street in America in the 19th century, we would be surrounded by the sounds of the many languages being spoken by the masses of people coming to this country looking for a better life; and
Whereas, Many immigrants came to America to escape famine, war, religious oppression and political turmoil in their native lands, as well as to seek economic opportunity and the freedoms that the world equates with our country; and
Whereas, In 1870, Nevada had more foreign-born residents per capita than any other state, mainly Irish, Chinese, English, Canadians, Germans and Italians, with many hoping to make their fortunes in the mining boom and return home with their riches; and
Whereas, Whether they were working as farmers, ranchers, cowboys, sheepherders, miners, railroad workers or any number of other jobs, the immigrants to Nevada seemed to abide by the German proverb If I rest, I rust, setting a work ethic that prevails today; and
Whereas, No one embodied the successful immigrant more than Irishman John Mackay who started out as a miner and, through hard work and sound investments, became one of the worlds richest and most respected men, memorialized by a statue of him as a miner holding a pick axe with his sleeves rolled up, which stands in front of the Mackay School of Mines building on the University of Nevada, Reno, campus; and
Whereas, While women immigrated in fewer numbers, those that braved the journey made their own contributions by bringing the arts, education, health care and religion, while others ventured into business, mining and ranching and became entrepreneurs in the land of opportunity; and
κ2009 Statutes of Nevada, Page 3205 (FILE NUMBER 45, ACR 24)κ
Whereas, Some notable immigrants are German-born Albert Einstein who won the Nobel Prize in Physics and spent his life working for peace, Spanish-born Severo Ochoa who is best known for being the first to synthesize RNA outside the cell for which he won the 1959 Nobel Prize in Medicine, Czechoslovakian-born Madeleine Albright who became the first female Secretary of State, Russian-born Irving Berlin who wrote some of Americas most beloved songs, Taiwanese-born Dr. David Ho who is a leading researcher in the field of AIDS, Mexican-born Mario Molina who was the most prominent precursor to discovering the Antarctic ozone hole and a Nobel Prize winner in Chemistry for his role in clarifying the threat of chlorofluorocarbon gases to the Earths ozone layer, and Italian-born Saint Frances X. Cabrini, the first American saint, who founded 67 schools, hospitals and orphanages, one for each year of her life, as well as world-famous athletes, artists, politicians and businessmen; and
Whereas, More than 65,000 immigrants, 11,000 of them women, are presently serving on active duty in the Armed Forces of the United States, and historically immigrants have served in great numbers to show their dedication to and love for their adopted country; and
Whereas, Hispanics are now the largest minority in the United States, two-thirds of whom are immigrants or the children of immigrants, and are recognized as having a positive impact on the social, cultural and economic development of America; and
Whereas, Cultural diversity brings richness to our lives and is one of Americas strengths, whether it is the cuisine, the colorful fashions, the arts or the many celebrations such as St. Patricks Day, Chinese New Year, Cinco de Mayo, Octoberfest or Halloween, all of which give Nevada an international, cosmopolitan feel that celebrates the coming together of people with different languages and backgrounds; now, therefore, be it
Resolved by the Assembly of the State of Nevada, the Senate Concurring, That the members of the 75th Nevada Legislature recognize the great contributions that immigrants have made to the vitality and growth of Nevada and America; and be it further
Resolved, That the Legislature urges the residents of Nevada to celebrate the ethnic and cultural diversity of its people and their traditions which have added to our wealth of great music, art, education, science and intellect.
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κ2009 Statutes of Nevada, Page 3206κ
Assembly Concurrent Resolution No. 25Assemblymen Buckley, Horne; Aizley, Anderson, Arberry, Atkinson, Bobzien, Carpenter, Christensen, Claborn, Cobb, Conklin, Denis, Dondero Loop, Gansert, Goedhart, Goicoechea, Grady, Gustavson, Hambrick, Hardy, Hogan, Kihuen, Kirkpatrick, Koivisto, Leslie, Manendo, Mastroluca, McArthur, McClain, Mortenson, Munford, Oceguera, Ohrenschall, Parnell, Pierce, Segerblom, Settelmeyer, Smith, Spiegel, Stewart and Woodbury
Joint Sponsors: Senators Horsford, Wiener; Amodei, Breeden, Care, Carlton, Cegavske, Coffin, Copening, Hardy, Lee, Mathews, McGinness, Nolan, Parks, Raggio, Rhoads, Schneider, Townsend, Washington and Woodhouse
FILE NUMBER 46
Assembly Concurrent RESOLUTION — Honoring Andre Agassi for his philanthropic vision and congratulating the first graduating class of the Andre Agassi College Preparatory Academy.
Whereas, In 1994, at the young age of 24 years and while still a professional tennis athlete, Andre Agassi founded the Andre Agassi Foundation to serve the needs of children within the community, including the opening of the Andre Agassi Boys and Girls Club; and
Whereas, While this work of the Foundation was vitally important, Andre Agassi realized that to give children real hope for a successful future, education would be the best vehicle; and
Whereas, In 2001, the Foundation opened the Andre Agassi College Preparatory Academy as a charter school in a socio-economically disadvantaged neighborhood in Las Vegas with the mission to enhance each students character, motivation, self-discipline, self-respect and individualized learning to ensure that each of those students is adequately and fully prepared for college; and
Whereas, The Andre Agassi College Preparatory Academy currently enrolls 600 students in grades K-12 and has a waiting list of students each year; and
Whereas, The Andre Agassi College Preparatory Academy operates on the fundamental premise that if a child has the proper support, encouragement and respect, then a child may dare to dream of a successful future; and
Whereas, On June 12, 2009, 34 students will participate in the commencement ceremony of the first graduating class of the Andre Agassi College Preparatory Academy, and half of those students have already been accepted to 4-year colleges and universities; and
Whereas, Andre Agassi has expressed the belief that his professional work as a tennis player has enabled him to accomplish his real lifes work, which is to help children and provide support to overcome obstacles, and Mr. Agassi is quoted as saying through this support, thousands of children have the knowledge, confidence and skills to be successful. But most of all, they have hope; now, therefore, be it