[Rev. 1/30/2019 4:41:01 PM]
RESOLUTIONS AND MEMORIALS
κ2013 Statutes of Nevada, Page 3861κ
RESOLUTIONS AND MEMORIALS
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Senate Resolution No. 1Senators Denis and Roberson
FILE NUMBER 1
Senate RESOLUTION — Adopting the Standing Rules of the Senate for the 77th Session of the Legislature.
Resolved by the Senate of the State of Nevada, That the Senate Standing Rules are hereby adopted for the 77th 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. The President shall preserve order and decorum, and in case of any disturbance or disorderly conduct within the Senate Chamber, shall order the Sergeant at Arms to suppress it, and may order the arrest of any person creating any disturbance within the Senate Chamber. The President may speak to points of order in preference to members, rising from the Presidents seat for that purpose, and shall decide questions of order without debate, subject to an appeal to the Senate by two members, on which appeal no member may speak more than once without leave of the Senate. The President shall sign all acts, addresses and joint resolutions, and all writs, warrants and subpoenas issued by order of the Senate; all of which must be attested by the Secretary. The President has general direction of the Senate Chamber.
Rule No. 2. President Pro Tempore and Other Presiding Officers.
1. Except as otherwise provided in subsection 2:
(a) The President Pro Tempore has all the power and shall discharge all the duties of the President during his or her absence, inability or unwillingness to discharge the duties of his or her office.
(b) In the absence or inability of the President Pro Tempore 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.
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the power and shall discharge all the duties of the President until the absence or inability which resulted in the member serving as the presiding officer has ended.
2. When the President Pro Tempore or another member is serving as the presiding officer, the President Pro Tempore or other member may vote on any question for which he or she is otherwise qualified to vote as a member. If the Senate is equally divided on the question, the President Pro Tempore or other member may not give an additional deciding vote or casting vote pursuant to Senate 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 employ persons 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. The Sergeant at Arms 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. Deputy Sergeant at Arms and Assistant Sergeant at Arms.
The Deputy Sergeant at Arms and Assistant Sergeant at Arms shall serve as doorkeepers and shall preserve order in the Senate Chamber and shall assist the Sergeant at Arms. The Deputy Sergeant at Arms and Assistant Sergeant at Arms shall be sworn to keep the secrets of the Senate. In the event that the Sergeant at Arms is incapacitated or absent for any reason, the Deputy Sergeant at Arms shall serve as the Sergeant at Arms until the incapacity or absence has ended.
Rule No. 6. Continuation of Leadership of the Senate During the Interim Between Sessions.
1. Except as otherwise provided in subsections 2, 3 and 4, the tenure of the President Pro Tempore, Majority Leader and Minority Leader extends during the interim between regular sessions of the Legislature.
2. The President Pro Tempore, Majority Leader and Minority Leader for the next succeeding regular session shall perform any duty that is required of that officer by the Standing Rules of the Senate and the Nevada Revised Statutes in the period between the time of their designation after the general election and the organization of the next succeeding regular session.
κ2013 Statutes of Nevada, Page 3863 (FILE NUMBER 1, SR 1)κ
Revised Statutes in the period between the time of their designation after the general election and the organization of the next succeeding regular session.
3. The Majority Leader and Minority Leader for the next succeeding regular session shall appoint the regular and alternate members to the Select Committee on Ethics as set forth in Senate Standing Rule No. 23.
4. The Majority Leader shall:
(a) Determine the start time of the Senates organizational session.
(b) Refer prefiled bills and resolutions to committee, subject to ratification by a majority vote of the members of the Senate once the Senate is organized and ready for business.
(c) Appoint committees during the interim between regular sessions of the Legislature for any proper purpose, including, without limitation, taking testimony, compelling the attendance of witnesses, punishing persons or entities for contempt and reporting findings to the next session of the Legislature.
5. This Rule shall remain in full force and effect throughout the interim between regular sessions of the Legislature and until new Standing Rules of the Senate are adopted as part of the organization of a newly-constituted Senate at the commencement of a session.
The next rule is 10.
II. SESSIONS AND MEETINGS
Rule No. 10. Time of Meeting.
1. Except as otherwise provided in subsection 2, 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.
2. In the event an emergency occurs during a regular or special session of the Legislature which requires a meeting of the Senate, the Majority Leader shall call the members back to order before the hour to which the Senate has adjourned.
Rule No. 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 or herself from the service of the Senate without leave, except in case of accident or sickness, and if any Senator or officer shall so absent himself or herself, the per diem of the Senator shall not be allowed to him or her.
κ2013 Statutes of Nevada, Page 3864 (FILE NUMBER 1, SR 1)κ
Rule No. 13. Open Meetings.
1. Except as provided in the Constitution of the State of Nevada and in subsection 2, 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 or her to order. If a Senator is so called to order, he or she shall not proceed without leave of the Senate. If such leave is granted, it must be upon the motion, That he or she be allowed to proceed in order, and the Senator shall confine himself or herself to the question under consideration and avoid personality.
2. Every decision of points of order made by the President is subject to appeal, and a discussion of a question of order may be allowed only upon the appeal of two Senators. In all cases of appeal, the question must be, Shall the decision of the Chair stand as the judgment of the Senate?
Rule No. 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 the Senator 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.
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.
κ2013 Statutes of Nevada, Page 3865 (FILE NUMBER 1, SR 1)κ
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 members of the Committee shall perform any duty required in the period between the time of their appointment after the general election and the organization of the next succeeding regular session, or until the Majority Leader or the Minority Leader appoint new members to the Committee, whichever occurs first.
6. The tenure of the members of the Committee shall extend during the interim between regular sessions of the Legislature.
7. 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.
8. 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 or her hearing; or
(c) Discloses the content of an advisory opinion issued to him or her by the Committee.
9. 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
κ2013 Statutes of Nevada, Page 3866 (FILE NUMBER 1, SR 1)κ
(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.
10. In determining whether a Legislator has a conflict of interest, the Legislator should consider whether the independence of judgment of a reasonable person in his or her situation upon the matter in question would be materially affected by the Legislators:
(a) Acceptance of a gift or loan;
(b) Private economic interest; or
(c) Commitment to a member of his or her household or immediate family.
Κ In interpreting and applying the provisions of this subsection, it must be presumed that the independence of judgment of a reasonable person in the Legislators situation would not be materially affected by the Legislators private economic interest or the Legislators commitment to a member of his or her household or immediate family where the resulting benefit or detriment accruing to the Legislator, or if the Legislator has a commitment to a member of his or her household or immediate family, accruing to those other persons, is not greater than that accruing to any other member of the general business, profession, occupation or group that is affected by the matter.
11. Except as otherwise provided in subsection 12, if a Legislator knows he or she has a conflict of interest pursuant to subsection 10, the Legislator shall make a 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.
12. 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.
13. 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 10, the Legislator should consider whether:
(a) The conflict impedes his or her independence of judgment; and
(b) His or her interest is greater than the interests of an entire class of persons similarly situated.
14. 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.
15. If a Legislator who is a member of a committee declares on the record when a vote is to be taken by the committee that he or she will abstain from voting because of the requirements of this Rule, the necessary quorum to act upon and the number of votes necessary to act upon the matter is reduced as though the Legislator abstaining were not a member of the committee.
κ2013 Statutes of Nevada, Page 3867 (FILE NUMBER 1, SR 1)κ
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.
16. 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 10:
(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.
17. For purposes of this Rule, immediate family means a person who is related to the Legislator by blood, adoption or marriage within the first degree of consanguinity or affinity.
18. This Rule shall remain in full force and effect throughout the interim between regular sessions of the Legislature and until new Standing Rules of the Senate are adopted as part of a newly-constituted Senate at the Commencement of a session.
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 or herself as not voting, unless excused by unanimous vote of the Senate.
2. The votes and names of those absent or recorded as not voting and the names of Senators demanding the recorded vote must be entered in the Journal.
Rule No. 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 or her seat;
(b) Explain his or her vote or discuss the question while the voting is in progress; or
(c) Change his or her vote after the result is announced.
3. The announcement of the result of any vote must not be postponed.
κ2013 Statutes of Nevada, Page 3868 (FILE NUMBER 1, SR 1)κ
The next rule is 40.
V. LEGISLATIVE BODIES
Rule No. 40. Standing and Select Committees.
1. Except as otherwise provided in subsection 2, the standing and select committees of the Senate and their respective jurisdiction for the reference of bills and resolutions are as follows:
(a) Commerce, Labor and Energy, seven members, with jurisdiction over measures affecting primarily titles 52-56 of NRS, and chapters 97-100, 118-119, 119B, 459A, 461, 461A, 489, 679A-693A, 694A-704B, 707, 711 and 712 of NRS, except measures affecting primarily state and local revenue.
(b) Education, five members, with jurisdiction over measures affecting primarily chapters 378-380A, 385, 386 and 388-399 of NRS, except measures affecting primarily state and local revenue.
(c) Finance, seven members, with jurisdiction over measures primarily affecting chapters 1A, 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.
(d) Government Affairs, five members, with jurisdiction over measures affecting primarily titles 20-22, 25, 27, 28, 30, 31, 36 and 37 of NRS, and chapters 223-228, 232-237, 238-242, 286-289, 381, 384, 472-474, 477, 693B, 708-710 and 720 of NRS, except measures affecting primarily the provisions of the Nevada Administrative Procedure Act that govern the adjudication of contested cases, state and local revenue and state and federal budget issues.
(e) Health and Human Services, five members, with jurisdiction over measures primarily affecting titles 38 and 39 of NRS, and chapters 439-444 (NRS 444.003-444.430), 446-458A, 460 and 583-585 of NRS, except measures affecting primarily state and local revenue.
(f) 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 2-7, 9, 11-16 and 41 of NRS, and chapters 1, 2-7, 101-104A, 111-117, 119A, 120, 120A, 458A, 475 and 719 of NRS, except measures affecting primarily state and local revenue.
(g) Legislative Operations and Elections, five members, with jurisdiction over measures affecting primarily titles 17, 24 and 29 of NRS, and chapters 281-285 of NRS, and the operation of the legislative session, except measures affecting primarily state and local revenue.
(h) Natural Resources, five members, with jurisdiction over measures primarily affecting titles 26, 45-50 of NRS, and chapters 383, 407, 444 (NRS 444.435-444.650), 444A-445D, 459, 488, 581, 582 and 586-590 of NRS, except measures affecting primarily state and local revenue.
(i) Revenue and Economic Development, seven members, with jurisdiction over measures affecting primarily title 32 of NRS, and chapters 231 and 237A of NRS, and state and local revenue.
κ2013 Statutes of Nevada, Page 3869 (FILE NUMBER 1, SR 1)κ
(j) Transportation, five members, with jurisdiction over measures affecting primarily title 44 of NRS, and chapters 403-405, 408, 410, 476, 480-487, 705 and 706 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 or select committees of the Senate for review. Upon receiving such an assignment the standing or select committee shall complete its review expeditiously and report its findings and any recommendations to the Standing Committee on Finance for its independent evaluation.
Rule No. 41. Appointment of Alternates.
If the chair or any member of a committee is temporarily unable to perform his or her duties, the Majority Leader shall appoint an alternate of the same political party to serve in the chairs or the members 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. Reserved.
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.
κ2013 Statutes of Nevada, Page 3870 (FILE NUMBER 1, SR 1)κ
Rule No. 49. Reference to Committee.
When a motion is made to refer any subject, and different committees are proposed, the subject may be referred to the committee with jurisdiction over the subject as set forth in Senate Standing Rule No. 40, or to a different committee, upon a majority vote of the Senate.
Rule No. 50. Return From Committee.
1. Any bill or other matter referred to a committee of the Senate must not be withdrawn or ordered taken from the committee for consideration by the Senate, 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 the member 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. Upon approval of the Chair, a committee may meet together by video conference.
κ2013 Statutes of Nevada, Page 3871 (FILE NUMBER 1, SR 1)κ
meet together by video conference. A member who is actually present in the committee at a posted video conference location is present and in attendance at the meeting for all purposes. The provisions of this subsection do not prohibit the prefiling of legislative bills and resolutions on behalf of a committee in the manner prescribed by the Legislative Commission.
8. All committee and subcommittee meetings are open to the public, except as otherwise provided in Senate Standing Rule No. 13.
9. Before reporting a bill or resolution to the Senate, a committee may reconsider its action. A motion to reconsider must be made by any member who voted on the action.
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 his or 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.
κ2013 Statutes of Nevada, Page 3872 (FILE NUMBER 1, SR 1)κ
VI. RULES GOVERNING MOTIONS
A. Motions Generally
Rule No. 60. Entertaining.
1. No motion may be debated until it is announced by the President.
2. By consent of the Senate, a motion may be withdrawn before amendment or decision.
Rule No. 61. Precedence of Motions.
When a question is under debate no motion shall be received but the following, which shall have precedence in the order named:
1. To adjourn.
2. For a call of the Senate.
3. To recess.
4. To lay on the table.
5. For the previous question.
6. To postpone to a day certain.
7. To refer to committee.
8. To amend.
9. To postpone indefinitely.
Κ The first 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.
κ2013 Statutes of Nevada, Page 3873 (FILE NUMBER 1, SR 1)κ
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, including a motion to adjourn if the motion is to reconsider a final vote on a bill or resolution. A motion to reconsider a final vote on a bill or resolution shall be in order only on the day on which the final vote is taken and the vote on such a motion to reconsider must be taken on the same day.
2. If the motion to reconsider is for any other action, the motion 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.
Rule No. 69. Explanation of Motion.
Whenever a Senator moves to change the usual disposition of a bill or resolution, he or she shall describe the subject of the bill or resolution and state the reasons for requesting the change in the processing of the bill or resolution.
The next rule is 80.
VII. DEBATE
Rule No. 80. Speaking on Question.
1. Every Senator who speaks shall, standing in his or her place, address Mr. or Madam President, in a courteous manner, and shall confine himself or herself to the question before the Senate. When the Senator has finished, he or she shall sit down.
2. 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 or she has the floor move to put that question.
κ2013 Statutes of Nevada, Page 3874 (FILE NUMBER 1, SR 1)κ
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 Standing Rules of the Senate and Assembly.
Rule No. 91. Suspension of Rule.
No standing rule or order of the Senate shall be rescinded or changed without a vote of two-thirds of the Senate and one 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, the President 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) Staff of the Senate; and
(e) Members of the Assembly whose presence is required for the transaction of business.
2. Guests of Senators must be seated in a section of the upper or lower gallery of the Senate Chamber to be specially designated by the Sergeant at Arms. The Majority Leader may specify special occasions when guests may be seated on the floor of the Senate with a Senator.
κ2013 Statutes of Nevada, Page 3875 (FILE NUMBER 1, SR 1)κ
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.
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.
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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:
(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.
κ2013 Statutes of Nevada, Page 3877 (FILE NUMBER 1, SR 1)κ
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. Publications.
1. 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.
2. Bill books will not be prepared for legislators unless they qualify for and request the service. The service, if approved, will be limited to the provision of one full set of bills, journals, histories and indexes for the Senators desk in the Senate chamber. Bill books will not be prepared for a Senator for individual committees.
3. A Senator may request the provision of bill book service pursuant to subsection 1 if either:
(a) The Senator has served in the Senate for 10 or more years; or
(b) A physical or medical condition requires the Senator to use the bill books rather than viewing bills on a laptop computer.
4. A request for bill book service must be made to the Majority Leader of the Senate. If the Majority Leader determines that the Senator qualifies for the service, the Majority Leader shall direct the Legislative Counsel Bureau to provide the service.
Rule No. 112. Sponsorship.
1. A Senator may rise and request that his or her 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 or her 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 or her name be removed as a sponsor of the bill or resolution. A Senator may make a request to have his or her 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
κ2013 Statutes of Nevada, Page 3878 (FILE NUMBER 1, SR 1)κ
(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.
Rule No. 115. Reconsideration of Vote on Bill.
1. A vote may be reconsidered on motion of any member.
2. Motions to reconsider a vote upon amendments to any pending question and upon a final vote on a bill or resolution 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.
κ2013 Statutes of Nevada, Page 3879 (FILE NUMBER 1, SR 1)κ
Rule No. 118.2. Memorial Resolutions.
Once the sponsor has moved for the adoption of a memorial resolution, not more than one member from each caucus, and, upon request of a member of the body and the approval of the Majority Leader, one additional member may speak on the resolution.
Rule No. 119. Certain Resolutions Treated as Motions.
Except as otherwise provided in Senate Standing Rules Nos. 118 and 118.2, resolutions 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.
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 or herself by leave of the President, but the Senator 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.
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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. Seniority Among Senators.
1. The Senate shall determine seniority among the Senators as follows:
(a) Credit total continuous service in the Senate first;
(b) Credit total noncontinuous service in the Senate second;
(c) Credit total continuous service in the Assembly third; and
(d) Credit total noncontinuous service in the Assembly fourth.
2. In every case where there are ties, those ties are broken by alphabetical order.
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 or she 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 the defendant, will reduce the number of legal votes below the number necessary to elect him or her.
(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 or her election.
(f) That there was a possible malfunction of any voting or counting device.
2. The contest must be submitted so far as may be possible upon depositions or by written or oral arguments as the Senate may order. Any party to a contest may take the deposition of any witness at any time after the statement of contest is filed with the Secretary of State and before the contest is finally decided. At least 5 days notice must be given to the prospective deponent and to the other party. If oral statements are made at any hearing before the Senate or a committee thereof which purport to establish matters of fact, they must be made under oath.
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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 Denis and Roberson
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 chair of each standing committee of the Senate for postage, telephone tolls and other communication charges 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 warrants therefor on the Legislative Fund, and the State Treasurer is thereafter authorized to pay these warrants.
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κ2013 Statutes of Nevada, Page 3882κ
Senate Resolution No. 3Senators Denis and Roberson
FILE NUMBER 3
Senate RESOLUTION — Recognizing the appointment of the Senate session staff.
Resolved by the Senate of the State of Nevada, That the following persons are recognized as the duly-appointed session staff of the Senate for the 77th Session of the Legislature of the State of Nevada: Sherry L. Rodriguez, Lydia J. Lee, Leah L. Jones, Lora R. Robb, Susan S. Whitford, Timothy K. Taycher, Alysia K. Peters, Jerry S. Pieretti, Karen Baggett, Judith Anker-Nissen, Gary Derks, Rebecca Lawson-Harris, Steve Pozzi, Shelle Grim-Brooks, Ardyss Canon, Cynthia Cook, Sherwood Howard, Janet Meredith, Ruth B. Pierini, Marion Sandoval, Juliet Newman, Julie Mogensen, Todd Westergard, Joyce Hess, Emily McIlveene, Lauren Brooks, Paula M. Saponaro, Jodi Poley, Judy C. Jackson, Jan Brase, Blayne Osborn, Sheri Carlsen, Michael Archer, Wayne Archer, Martha Barnes, Gwendolyn Barrett, Jennie F. Bear, Lynn Berry, Stella Blood, Caitlin Brady, Maureen Brower, Jackie Cheney, Cindy Clampitt, Ruth Condray, Patricia Devereux, Lona Domenici, Suzanne Efford, Linda Fehr, Sheri Fletcher, Susan Gaither, Laureen Garcia, Linda Gentry, John Griffin, Lynn Hendricks, Gail Herstead, Linda Hiller, Joyce Hinton, Joyce Hollister, Barbara Honey, Thomas Hutton-Potts, Diana Jones, Betty Kaminski, RJ Keetch, Kaci Kerfeld, Berdine Leuwer, Toshiko McIntosh, Lezlie Mayville, Wynona Majied-Martinez, Terri Miller, Leslie Mix, Mary Moak, Arzella Moots, Gena Plummer, Dee Ramsey, Gayle Rankin, Stephanie Robbins, Leslie Sexton, Jerry Stacy, Riley Sutton, Kathleen Swain, Melodie Swan-Fisher, Annette Teixeira, Judy Toscano, Adrian Viesca, Sara Weaver, Norm Wessel, Lindsay Wheeler, Michelle White and Mike Wiley.
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Assembly Concurrent Resolution No. 1Committee on Legislative Operations and Elections
FILE NUMBER 4
Assembly Concurrent RESOLUTION — Adopting the Joint Standing Rules of the Senate and Assembly for the 77th 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 77th 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 chairs and announced publicly, and shall confer upon the differences between the two Houses as indicated by the amendments made in one and rejected in the other and report as early as convenient the result of their conference to their respective Houses.
κ2013 Statutes of Nevada, Page 3883 (FILE NUMBER 4, ACR 1)κ
a committee to confer with a like committee to be appointed by the other; and the committee so appointed shall meet publicly at a convenient hour to be agreed upon by their respective chairs and announced publicly, and shall confer upon the differences between the two Houses as indicated by the amendments made in one and rejected in the other and report as early as convenient the result of their conference to their respective Houses.
2. The report shall be made available to all members of both Houses. The whole subject matter embraced in the bill or resolution shall be considered by the committee, and it may recommend recession by either House, new amendments, a new bill or resolution, or other changes as it sees fit. A new bill or resolution so reported shall be treated as amendments unless the bill or resolution is composed entirely of original matter, in which case it shall receive the treatment required in the respective Houses for original bills, or resolutions, as the case may be. A conference committee shall not recommend any action which would cause the creation of more than one reprint or more than one bill or resolution.
3. The report of a conference committee may be adopted by acclamation, and such action may be considered equivalent to the adoption of amendments embodied therein. 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 a person designated by the Secretary and messages from the Assembly to the Senate shall be delivered by the Chief Clerk or a person designated by the Chief Clerk.
NOTICE OF FINAL ACTION
Rule No. 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.
κ2013 Statutes of Nevada, Page 3884 (FILE NUMBER 4, ACR 1)κ
notice. Each such notice sent by the Senate must be signed by the Secretary of the Senate, or a person designated by the Secretary. Each such notice sent by the Assembly must be signed by the Chief Clerk of the Assembly, or a person designated by the Chief Clerk.
BILLS AND JOINT RESOLUTIONS
Rule No. 4. Signature.
Each enrolled bill or joint resolution shall be presented to the presiding officers of both Houses for signature. They shall, after an announcement of their intention to do so is made in open session, sign the bill or joint resolution and their signatures shall be followed by those of the Secretary of the Senate and Chief Clerk of the Assembly.
Rule No. 5. Joint Sponsorship.
1. A bill or resolution introduced by a standing committee of the Senate or Assembly may, at the direction of the chair 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 chair of the committee has signed his or her name next to the name of the committee on the colored back of the introductory copy of the bill or resolution that was submitted to the front desk of the House of origin or the statement required by subsection 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.
κ2013 Statutes of Nevada, Page 3885 (FILE NUMBER 4, ACR 1)κ
5. Once a bill or resolution has been introduced, a primary joint sponsor or non-primary joint sponsor may only be added or removed by amendment of the bill or resolution. An amendment which proposes to add or remove a primary joint sponsor or non-primary joint sponsor must not be considered by the House of origin of the amendment unless a statement requesting the addition or removal is attached to the copy of the amendment submitted to the front desk of the House of origin of the amendment. If the amendment proposes to add or remove a Legislator as a primary joint sponsor or non-primary joint sponsor, the statement must be signed by that Legislator. If the amendment proposes to add or remove a standing committee as a joint sponsor, the statement must be signed by the chair 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.
PUBLICATIONS
Rule No. 6. Ordering and Distribution.
1. The bills, resolutions, journals and histories will be provided electronically to the officers and members of the Senate and Assembly, staff of the Legislative Counsel Bureau, the press and the general public on the Nevada Legislatures website.
2. 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 and Assemblywoman 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 Standing Rules, which requires a majority vote of each House for adoption.
(b) Request the return from the Governor of an enrolled bill for further consideration.
(c) Request the return from the Secretary of State of an enrolled joint or concurrent resolution for further consideration.
κ2013 Statutes of Nevada, Page 3886 (FILE NUMBER 4, ACR 1)κ
(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 memorialize a former member of the Legislature or other notable or distinguished person upon his or her death.
4. A resolution of one House may be used to request the return from the Secretary of State of an enrolled resolution of the same House for further consideration.
5. A resolution of one House may be used for any additional purpose determined appropriate by the Majority Leader of the Senate or the Speaker of the Assembly, respectively.
6. A concurrent resolution used for the purposes expressed in paragraph (e) of subsection 2 may only be requested by a statutory, interim or standing committee.
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, 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.
κ2013 Statutes of Nevada, Page 3887 (FILE NUMBER 4, ACR 1)κ
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 time at the end of the 120th consecutive calendar day of session, inclusive of the day on which the session commences. Any legislative action taken after midnight Pacific time at the end of the 120th consecutive calendar day of session is void, unless the legislative action is conducted during a special session.
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. The Legislature and its members, officers and employees shall not employ any device, pretense or fiction that adjusts, evades or ignores the measure of time specified in subsection 1 for the purpose of extending the duration of the session.
4. Any action taken in violation of subsection 2 or 3 shall be deemed out of order.
5. As used in this Rule, midnight Pacific time must be determined based on the actual measure of time that, on the final calendar day of the session, is being used and observed by the general population as the uniform time for the portion of Nevada which lies within the Pacific time zone, or any legal successor to the Pacific time zone, and which includes the seat of government of this State as designated by Section 1 of Article 15 of the Nevada Constitution.
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.
κ2013 Statutes of Nevada, Page 3888 (FILE NUMBER 4, ACR 1)κ
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 or Assemblywoman 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 Chair 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 218E.150, 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 Chair shall be selected at the first meeting of the newly formed Legislative Commission and shall serve until his or her successor is appointed following the formation of the next Legislative Commission.
RECORDS OF COMMITTEE PROCEEDINGS
Rule No. 12. Duties of Secretary of Committee and Director.
1. Each standing committee of the Legislature shall cause a record to be made of the proceedings of its meetings.
2. The secretary of a standing committee shall:
(a) Label each record with the date, time and place of the meeting and also indicate on the label the numerical sequence in which the record was made;
(b) Keep the records in chronological order; and
(c) Deposit the records 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 the Director may deem necessary; and
(b) Retain the records for two bienniums and at the end of that period keep some form or copy of the record in any manner the Director deems reasonable to ensure access to the record in the foreseeable future.
Rule No. 13. Reserved.
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 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.
κ2013 Statutes of Nevada, Page 3889 (FILE NUMBER 4, ACR 1)κ
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 Assemblywoman; and
(b) Four requests from each Senator,
Κ for the drafting of a bill or resolution.
2. Except as otherwise provided in subsection 4 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 15th 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 15th calendar day of the legislative session to reallocate any unused requests or requests which were withdrawn before drafting began on the request.
3. A request for the drafting of a bill or resolution that is submitted by a standing committee pursuant to this section must be approved by a majority of all of the members appointed to the committee before the request is submitted to the Legislative Counsel.
4. A standing committee may only request the drafting of a bill or resolution or introduce a bill or resolution that is within the jurisdiction of the standing committee.
5. 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.
6. 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.
7. Resolutions requested by or on behalf of a standing committee may be introduced by an individual member.
8. 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.
9. A Legislator may not change the subject matter of a request for a legislative measure after it has been submitted for drafting.
κ2013 Statutes of Nevada, Page 3890 (FILE NUMBER 4, ACR 1)κ
Rule No. 14.1. Secondary Deadlines for Submission of Details to the Legislative Counsel.
1. If a request for the drafting of a bill or resolution is submitted to the Legislative Counsel by a Legislator on or before the 8th calendar day of the legislative session pursuant to subsection 1 of Joint Standing Rule No. 14, the Legislator who submitted the request shall, by the 15th calendar day of the legislative session, provide the Legislative Counsel with information to draft the request which is sufficient in detail to allow for complete drafting of the request.
2. If a request for the drafting of a bill or resolution is submitted to the Legislative Counsel by a standing committee of the Assembly or Senate on or before the 15th calendar day of the legislative session pursuant to subsection 2 of Joint Standing Rule No. 14, the chair of the standing committee or his or her designee shall, by the 22nd calendar day of the legislative session, provide the Legislative Counsel with information to draft the request which is sufficient in detail to allow for complete drafting of the request.
3. The Legislative Counsel shall give priority to the drafting of bills and resolutions for which sufficient detail to allow complete drafting of the request was submitted within the period required by this Rule.
4. The provisions of this Rule apply to a request submitted by a Legislator who is not returning to the Legislature for the legislative session if the request was claimed by another Legislator, either individually or as the chair of a standing committee, who is or will be serving during the legislative session.
5. The provisions of this Rule do not apply to:
(a) Emergency requests submitted pursuant to Joint Standing Rule No. 14.4.
(b) Requests for which a waiver is granted pursuant to Joint Standing Rule No. 14.5.
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.
κ2013 Statutes of Nevada, Page 3891 (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.
κ2013 Statutes of Nevada, Page 3892 (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 or her 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 or her 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, Joint Standing Rule No. 14.1, 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 218D.130 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 Rules Nos. 14.1 and 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.
κ2013 Statutes of Nevada, Page 3893 (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 information which is sufficient in detail to allow for complete drafting of 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.
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, Joint Standing Rule No. 14.1, 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, 14.1, 14.2 and 14.3 apply to a bill 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.
κ2013 Statutes of Nevada, Page 3894 (FILE NUMBER 4, ACR 1)κ
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 218D.130.
4. The provisions of subsections 1 and 2 of Joint Standing Rule No. 14, Joint Standing Rule No. 14.1, 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, 14.1, 14.2 and 14.3.
Rule No. 15. Reserved.
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:
κ2013 Statutes of Nevada, Page 3895 (FILE NUMBER 4, ACR 1)κ
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.
ANTI-HARASSMENT POLICY
Rule No. 20. Maintenance of Working Environment; Procedure for Filing, Investigating and Taking Remedial Action on Complaints.
1. The Legislature hereby declares that it is the policy of the Legislature to prohibit any conduct, whether intentional or unintentional, which results in sexual harassment or other unlawful harassment based upon any other protected category. The Legislature intends to maintain a working environment which is free from sexual harassment and other unlawful harassment. Each Legislator is responsible to conduct himself or herself in a manner which will ensure that others are able to work in such an environment.
2. In accordance with Title VII of the Civil Rights Act, for the purposes of this Rule, sexual harassment means unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature when:
(a) Submission to such conduct is made either explicitly or implicitly a term or condition of a persons employment;
(b) Submission to or rejection of such conduct by a person is used as the basis for employment decisions affecting the person; or
(c) Such conduct has the purpose or effect of unreasonably interfering with a persons work performance or creating an intimidating, hostile or offensive working environment.
3. Each Legislator must exercise his or her own good judgment to avoid engaging in conduct that may be perceived by others as sexual harassment. The following noninclusive list provides illustrations of conduct that the Legislature deems to be inappropriate:
κ2013 Statutes of Nevada, Page 3896 (FILE NUMBER 4, ACR 1)κ
(a) Verbal conduct such as epithets, derogatory comments, slurs or unwanted sexual advances, invitations or comments;
(b) Visual conduct such as derogatory posters, photography, cartoons, drawings or gestures;
(c) Physical conduct such as unwanted touching, blocking normal movement or interfering with the work directed at a person because of his or her sex; and
(d) Threats and demands to submit to sexual requests to keep a persons job or avoid some other loss, and offers of employment benefits in return for sexual favors.
4. Retaliation against a person for engaging in protected activity is prohibited. Retaliation occurs when an adverse action is taken against a person which is reasonably likely to deter the person from engaging in the protected activity. Protected activity includes, without limitation:
(a) Opposing conduct that the person reasonably believes constitutes sexual harassment or other unlawful harassment;
(b) Filing a complaint about the conduct; or
(c) Testifying, assisting or participating in any manner in an investigation or other proceeding related to a complaint of sexual harassment or other unlawful harassment.
5. A Legislator who encounters conduct that the Legislator believes is sexual harassment, other unlawful harassment, retaliation or otherwise inconsistent with this policy may file a written complaint with:
(a) The Speaker of the Assembly;
(b) The Majority Leader of the Senate; or
(c) The Director of the Legislative Counsel Bureau, if the complaint involves the conduct of the Speaker of the Assembly or the Majority Leader of the Senate.
Κ The complaint must include the details of the incident or incidents, the names of the persons involved and the names of any witnesses.
6. The Speaker of the Assembly, the Majority Leader of the Senate or the Director of the Legislative Counsel Bureau, as appropriate, shall cause a discreet and impartial investigation to be conducted and may, when deemed necessary and appropriate, assign the complaint to a committee consisting of Legislators of the appropriate House.
7. If the investigation reveals that sexual harassment, other unlawful harassment, retaliation or other conduct in violation of this policy has occurred, appropriate disciplinary or remedial action, or both will be taken. The appropriate persons will be informed when any such action is taken. The Legislature will also take any action necessary to deter any future harassment.
8. The Legislature encourages a Legislator to report any incident of sexual harassment, other unlawful harassment, retaliation or other conduct inconsistent with this policy immediately so that the complaint can be quickly and fairly resolved.
9. All Legislators are responsible for adhering to the provisions of this policy. The prohibitions against engaging in sexual harassment and other unlawful harassment which are set forth in this Rule apply to employees, Legislators, lobbyists, vendors, contractors, customers and any other visitors to the Legislature.
10. This policy does not create any enforceable legal rights in any person.
κ2013 Statutes of Nevada, Page 3897 (FILE NUMBER 4, ACR 1)κ
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 Legislative Operations and Elections
FILE NUMBER 5
Assembly RESOLUTION — Adopting the Standing Rules of the Assembly for the 77th Session of the Legislature.
Resolved by the Assembly of the State of Nevada, That the Assembly Standing Rules are hereby adopted for the 77th 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) In the event an emergency occurs during a regular or special session of the Legislature which requires a meeting of the Assembly, call the members back to order before the hour to which the Assembly had adjourned.
κ2013 Statutes of Nevada, Page 3898 (FILE NUMBER 5, AR 1)κ
(c) 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.
(d) 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.
(e) Have the right to name any member to perform the duties of the Chair, but such substitution must not extend beyond one legislative day.
(f) Have the power to accredit the persons who act as representatives of the news media and assign them seats.
(g) Sign all bills and resolutions passed by the Legislature as provided by law.
(h) Sign all subpoenas issued by the Assembly.
(i) Receive all messages and communications from other departments of the government and announce them to the Assembly.
(j) Represent the Assembly, declare its will and in all things obey its commands.
(k) Vote on final passage of a bill or resolution, but the Speaker shall not be required to vote in ordinary legislative proceedings except where the Speakers vote would be decisive. In all yea and nay votes, the Speakers name must be called last.
(l) Appoint committees during the interim between regular sessions of the Legislature for any proper purpose, including, without limitation, taking testimony, compelling the attendance of witnesses, punishing persons or entities for contempt and reporting findings to the next session of the Legislature.
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.
5. This Rule shall remain in full force and effect throughout the interim between regular sessions of the Legislature and until new Standing Rules of the Assembly are adopted as part of the organization of a newly-constituted Assembly at the commencement of a session.
Rule No. 2. Continuation of Leadership of the Assembly During the Interim Between Sessions.
1. Except as otherwise provided in subsections 2, 3 and 4, the tenure of the Speaker, Speaker Pro Tempore, Majority Leader and Minority Leader of the Assembly extends during the interim between regular sessions of the Legislature.
2. The Assemblymen or Assemblywomen designated to be the Speaker, Speaker Pro Tempore, Majority Leader and Minority Leader for the next succeeding regular session shall perform any duty required of that officer by the Standing Rules of the Assembly and the Nevada Revised Statutes in the period between the time of their designation after the general election and the organization of the next succeeding regular session.
3. The Assemblyman or Assemblywoman designated to be the Speaker and the Assemblyman or Assemblywoman designated to be the Minority Leader for the next succeeding regular session shall appoint the regular and alternate members to the Select Committee on Ethics as set forth in Assembly Standing Rule No.
κ2013 Statutes of Nevada, Page 3899 (FILE NUMBER 5, AR 1)κ
Leader for the next succeeding regular session shall appoint the regular and alternate members to the Select Committee on Ethics as set forth in Assembly Standing Rule No. 23.
4. The Assemblyman or Assemblywoman designated to be the Speaker for the next succeeding regular session shall:
(a) Determine the start time of the Assemblys organizational session.
(b) Have the right to name any person to call the Assembly to order and preside over the Assemblys organizational session until a presiding officer is elected.
(c) Refer prefiled bills and resolutions to committee, subject to ratification by a majority vote of the members of the Assembly once the Assembly is organized and ready for business.
5. This Rule shall remain in full force and effect throughout the interim between regular sessions of the Legislature and until new Standing Rules of the Assembly are adopted as part of the organization of a newly-constituted Assembly at the commencement of a session.
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 the Chief Clerk deems necessary to carry out the business of the Assembly.
5. The Speaker and the Chief Clerk are authorized to make any necessary corrections and additions to the final journal, history and committee minutes of the Assembly.
6. At the direction of the Speaker or Speaker Designate, the Chief Clerk shall attest and affix the seal of the Assembly to all writs, warrants, subpoenas and formal documents issued by the Assembly.
7. This Rule shall remain in full force and effect throughout the interim between regular sessions of the Legislature and until new Standing Rules of the Assembly are adopted as part of the organization of a newly-constituted Assembly at the commencement of a session.
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 11:30 a.m., unless the Assembly adjourns to some other hour.
κ2013 Statutes of Nevada, Page 3900 (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 the member 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 shall not engage in a telephone conversation via the use of a portable telephone.
2. Before entering the Assembly Chambers, 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.
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 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 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. 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.
κ2013 Statutes of Nevada, Page 3901 (FILE NUMBER 5, AR 1)κ
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 members of the Committee shall perform any duty required in the period between the time of their appointment after the general election and the organization of the next succeeding regular session, or until the Speaker or the Speaker Designate or the Minority Leader or Minority Leader Designate appoint new members to the Committee, whichever occurs first.
6. The tenure of the members of the Committee shall extend during the interim between regular sessions of the Legislature.
7. 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.
8. 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 or her hearing; or
(c) Discloses the content of an advisory opinion issued to him or her by the Committee.
9. 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 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.
10. In determining whether a Legislator has a conflict of interest, the Legislator should consider whether the independence of judgment of a reasonable person in his or her situation upon the matter in question would be materially affected by the Legislators:
κ2013 Statutes of Nevada, Page 3902 (FILE NUMBER 5, AR 1)κ
(a) Acceptance of a gift or loan;
(b) Private economic interest; or
(c) Commitment to a member of his or her household or immediate family.
Κ In interpreting and applying the provisions of this subsection, it must be presumed that the independence of judgment of a reasonable person in the Legislators situation would not be materially affected by the Legislators private economic interest or the Legislators commitment to a member of his or her household or immediate family where the resulting benefit or detriment accruing to the Legislator, or if the Legislator has a commitment to a member of his or her household or immediate family, accruing to those other persons, is not greater than that accruing to any other member of the general business, profession, occupation or group that is affected by the matter.
11. Except as otherwise provided in subsection 12, if a Legislator knows he or she has a conflict of interest pursuant to subsection 10, the Legislator shall make a 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.
12. 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.
13. 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 10, the Legislator should consider whether:
(a) The conflict impedes his or her independence of judgment; and
(b) His or her interest is greater than the interests of an entire class of persons similarly situated.
14. 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.
15. If a Legislator who is a member of a committee declares on the record when a vote is to be taken by the committee that he or she will abstain from voting because of the requirements of this Rule, the necessary quorum to act upon and the number of votes necessary to act upon the matter is reduced as though the Legislator abstaining were not a member of the committee.
16. 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 10:
κ2013 Statutes of Nevada, Page 3903 (FILE NUMBER 5, AR 1)κ
advocating or opposing a matter concerning which the member has a conflict of interest pursuant to subsection 10:
(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.
17. For purposes of this Rule, immediate family means a person who is related to the Legislator by blood, adoption or marriage within the first degree of consanguinity or affinity.
18. This Rule shall remain in full force and effect throughout the interim between regular sessions of the Legislature and until new Standing Rules of the Assembly are adopted as part of a newly-constituted Assembly at the commencement of a session.
The next rule is 30.
IV. QUORUM, VOTING, ELECTIONS
Rule No. 30. Manner of Voting.
1. The presiding officer shall declare all votes, but the yeas and nays must be taken when called for by three members present, and the names of those calling for the yeas and nays must be entered in the Journal by the Chief Clerk.
2. The presiding officer shall call for yeas and nays by a division or by a roll call, either electronic or oral.
3. When taking the yeas and nays on any question, the electronic roll call system may be used, and when so used shall have the force and effect of any roll call under these rules.
4. When taking the yeas and nays by oral roll call, the Chief Clerk shall take the names of members alphabetically, except that the 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 Legislative Operations and Elections 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. Requirement of Voting.
1. A member shall vote on all questions that come before the body unless the member:
(a) Is excused; or
(b) Makes a full and complete disclosure of a conflict pursuant to Assembly Standing Rule No. 23.
κ2013 Statutes of Nevada, Page 3904 (FILE NUMBER 5, AR 1)κ
2. A member found guilty by the House of a breach of this Rule shall not vote or speak on the floor, except to explain and apologize for the breach, until the member has made satisfaction to the House for the breach.
Rule No. 32. Announcement of the Vote.
1. A member may change his or her 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
A. Committees
Rule No. 40. Standing Committees.
The standing committees of the Assembly are as follows:
1. Ways and Means, sixteen members.
2. Judiciary, twelve members.
3. Taxation, twelve members.
4. Education, fourteen members.
5. Legislative Operations and Elections, eight members.
6. Natural Resources, Agriculture, and Mining, eleven members.
7. Transportation, fifteen members.
8. Commerce and Labor, fifteen members.
9. Health and Human Services, fourteen members.
10. Government Affairs, 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 chair and vice chair 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.
3. All committees will operate under the rules set forth herein and other uniform committee rules as determined by the Speaker and published on the Nevada Legislatures website. Each standing committee may adopt and file with the Chief Clerks Office policies consistent with these rules.
κ2013 Statutes of Nevada, Page 3905 (FILE NUMBER 5, AR 1)κ
Rule No. 42. Subcommittees.
1. Subcommittees made up of committee members may be appointed by the chair to consider and report back on specific subjects or bills.
2. Subcommittee meetings will be scheduled by the subcommittee chair after consulting with the committee chair.
3. Members of a subcommittee are required to attend meetings of the subcommittee.
4. Subcommittees of standing committees shall follow the same rules as standing committees.
Rule No. 43. 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.
Rule No. 44. Committee on Legislative Operations and Elections.
The Committee on Legislative Operations and Elections 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.
Rule No. 45. 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.
B. Election Contests
Rule No. 46. 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 Committee on Legislative Operations and Elections. 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.
κ2013 Statutes of Nevada, Page 3906 (FILE NUMBER 5, AR 1)κ
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.
C. Duties of Committee Officers, Committee Members and Committee Staff
Rule No. 47. Committee Chairs.
1. The chair has all authority necessary to ensure an efficient operation of the committee or subcommittee.
2. The chair shall have general direction of the committee room or other meeting place of the committee, and in case of any disturbance or disorderly conduct therein, or if the peace, good order, and proper conduct of the legislative business is hindered by any person or persons, the chair shall have power to exclude from the session any individual or individuals so hindering the legislative business.
3. Possessing the powers and performing the duties described in this Rule, each committee chair shall:
(a) Preside over committee meetings and put all questions before the committee;
(b) Preserve order and decorum and decide all questions of order;
(c) Determine the order of bills for hearing;
(d) Prepare and distribute the committees agenda;
(e) Prepare and distribute a work session document that contains a list of all measures on which the committee is ready to consider final action;
(f) Call recesses of the committee as deemed necessary;
κ2013 Statutes of Nevada, Page 3907 (FILE NUMBER 5, AR 1)κ
(g) Request amendments to resolve conflicts;
(h) Determine when final action is to be taken on measures, committee reports and other business of the committee;
(i) Sign and submit bill draft requests on behalf of the committee;
(j) Appoint subcommittees, as necessary;
(k) Provide direction to committee support staff;
(l) Prepare and submit committee reports;
(m) Review and approve minutes of the committee;
(n) Handle unfinished business for measures heard in the committee;
(o) Inform the Speaker of committee activity; and
(p) Maintain custody of all papers referred to the committee until they are turned over to the Chief Clerk.
4. In the absence of the chair, or upon the request of the chair, the vice chair of the committee shall assume the duties of the chair.
5. The chair may name any member of the committee to perform the duties of the chair if such substitution shall not extend beyond such meeting.
Rule No. 48. Attendance.
1. Members shall notify the chair of any absence. Excused absences will be so recorded at the direction of the chair.
2. A member shall advise the chair if he or she must leave a meeting for an extended period of time.
3. Members not in attendance when a final action is taken on a measure will be marked absent for the vote.
Rule No. 49. Committee Staff.
Duties of committee attachιs shall be prescribed by the Chief Clerk and include, but are not limited to, the following:
1. The committee secretary shall call roll of the members at each meeting, with the chair being called last. The committee secretary shall record in the minutes the members present and the members not present.
2. The committee secretary shall record the meeting and draft committee minutes for the chairs approval.
3. On behalf of the chair, the committee secretary shall maintain all minutes and exhibits of the committees meetings until released to the custody of the Chief Clerk.
4. The committee manager assigned to each committee shall be responsible to the chair of the committee for the proper and accurate preparation of all reports of the committee.
Rule No. 50. Committee Operations.
1. Each committee of the House shall be provided a committee manager who shall maintain a current record of all bills, resolutions, petitions, memorials or other matters filed in committee. A record of
committee actions shall be filed with the Chief Clerk. The committee manager shall post, on a bulletin board and electronically, all meeting agendas.
2. The standing committees of the Assembly may coordinate with the standing committees of the Senate to meet jointly whenever agreed to by said committees for the purpose of holding public hearings or considering any proposed or pending legislation. Upon conclusion of the joint meeting of said committees, each standing committee of the Assembly may take such action as it determines appropriate.
κ2013 Statutes of Nevada, Page 3908 (FILE NUMBER 5, AR 1)κ
of said committees, each standing committee of the Assembly may take such action as it determines appropriate. Whenever the committees of the Assembly and Senate hold joint hearings or meetings, the chair of the Assembly committee shall coordinate with the chair of the Senate committee to determine which of them shall preside at the joint meeting.
3. When a joint meeting is chaired by a Senator, the practices of the Senate that are inconsistent with those of the Assembly do not create a precedent for the same practice in the Assembly.
Rule No. 51. Committee Records.
1. The chair of each committee shall have custody of all bills, papers and other documents referred to the committee and shall make reports authorized by the committee and submit the same to the Chief Clerk.
2. The chair of each committee shall keep, or cause to be kept, a complete record of the committee proceedings in which there must be entered:
(a) The time and place of each meeting;
(b) The attendance and absence of members;
(c) 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
(d) The subjects or measures considered and action taken.
3. A person may obtain a recording of a meeting by paying a fee determined by the Director of the Legislative Counsel Bureau to cover the cost of the recording but, except as otherwise provided in this subsection, the official record of the meeting is the minutes of the committee meeting approved by the chair pursuant to paragraph (m) of subsection 3 of Assembly Standing Rule No. 47. Minutes of joint meetings prepared by non-Assembly staff are not official records of the Assembly.
4. The Speaker and the Chief Clerk are authorized to make any necessary corrections and additions to the minutes of committee meetings.
Rule No. 52. Final Disposition of Committee Minutes and Exhibits.
Upon their completion, the Chief Clerk shall turn over all original minutes and exhibits to the Research Library of the Legislative Counsel Bureau.
D. Committee Hearings
Rule No. 52.5. 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 and be posted on the Nevada Legislatures website.
2. The noticing requirements of this Rule may be suspended for emergency situations but only after approval by a majority vote of a committee.
κ2013 Statutes of Nevada, Page 3909 (FILE NUMBER 5, AR 1)κ
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. 53. Communications.
1. Out of respect for the privacy of committee members and staff, members are requested to hold conversations with lobbyists and members of the public at a location other than at the dais.
2. At the direction of the Chair, lobbyists, the press, and members of the public are not allowed at the dais.
3. All directions, assignments, or requests on behalf of the committee must be communicated to its staff and to the personnel of the Legislative Counsel Bureau by the chair of the committee. A member of the committee must submit such requests to the chair for transmittal to the staff of the committee or to the personnel of the Legislative Counsel Bureau.
4. The chair may report instances of misconduct or indecorum by any committee member or other person to the Assembly for its consideration and action.
Rule No. 54. Testimony, Witnesses and Exhibits.
1. All persons wishing to offer testimony to a committee shall be given a reasonable opportunity to do so as determined by the chair.
2. In addressing the committee, a person must state for the record whether he or she supports, opposes or is neutral to the bill or resolution before the committee. For purposes of legislative intent:
(a) Support of a bill or resolution shall be construed as:
(1) Approval of the measure as written; or
(2) Approval of the measure as written along with proposed amendments that have been approved by the sponsor of the measure.
(b) Opposition to a bill or resolution shall be construed as:
(1) Not supporting the measure as written; or
(2) Opposing the measure as revised by an amendment that has not been approved by the sponsor of the measure.
(c) A neutral position on a bill or resolution is one in which the person offers particular insight on the measure but expresses no position on the measure.
3. Persons addressing the committee shall keep their remarks to the point and avoid repetition and are subject to call to order by the chair for failure to do so.
4. A person shall not be excluded from a meeting or public hearing of a committee or subcommittee except in case of any disturbance or disorderly conduct, or if the peace, good order, and proper conduct of the legislative business is hindered by the person or persons.
5. Questions from the committee will be restricted to relevant subject areas.
6. When the chair deems necessary, witnesses will be sworn in pursuant to NRS 218E.040 before providing testimony.
7. Unless waived or revised by the chair, handouts for hearings, including proposed amendments:
κ2013 Statutes of Nevada, Page 3910 (FILE NUMBER 5, AR 1)κ
(a) Must be submitted to the committees manager not later than 5 p.m. on the business day before the meeting unless an earlier submission date or time is set by the chair, and included on the agenda;
(b) Must include the name and contact information of the person providing the handouts;
(c) For proposed amendments, must include a brief statement of intent; and
(d) Must be submitted by electronic mail or other electronic means.
Rule No. 55. 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 chair, 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 chair who announces the subject under consideration and provides an opportunity for persons wishing to address the committee to be heard. These persons shall rise in an order determined by the chair, address the chair and furnish their names, addresses and firms or other organizations represented.
3. Committee members may address the chair for permission to question the witness.
4. A committee meeting shall adjourn no later than 10 minutes preceding the hour of its next regularly scheduled meeting.
5. At the discretion of the chair, a meeting may be held outside the regularly scheduled day(s) and time.
6. Meetings of the committee may be scheduled outside the Legislative Building in Carson City with prior written approval of the Speaker. Subcommittees must have the prior written approval of the chair of the committee and the Speaker in to order to conduct a meeting outside Carson City.
E. Voting and Committee Action
Rule No. 56. Manner of Voting.
1. The chair shall declare all votes and shall cause same to be entered on the records of the committee.
2. A member shall not vote for another member on any roll call. Any member who votes for another member may be punished in any manner deemed appropriate by the Assembly.
Rule No. 57. 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. All motions require a second. If no second is received, that motion shall be declared invalid.
4. A committee may not take final action on a bill or resolution until at least 24 hours after the close of the hearing on the bill or resolution.
κ2013 Statutes of Nevada, Page 3911 (FILE NUMBER 5, AR 1)κ
5. Definite action on a bill or resolution will require a majority of the entire committee. A member shall vote on all questions that come before the committee unless the member:
(a) Is excused; or
(b) Makes a full and complete disclosure of a conflict pursuant to Assembly Standing Rule No. 23.
6. A majority of the entire committee is required to reconsider action on a bill or resolution.
7. 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.
8. Absent the consent of the chair and the approval of the Speaker, the chair must be present when the committee votes to take any final action regarding bills or resolutions.
9. No member of the committee may vote by proxy under any circumstances.
10. A committee shall not take a vote on the question of whether to exercise its statutory authority to issue a legislative subpoena unless the chair or other person approved by the Speaker has informed the Speaker of the intention of the committee to consider such a question.
11. 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 chair.
12. A member may change his or her vote at any time before the announcement of the vote if the voting is by voice. The announcement of the result of any vote shall not be postponed.
13. Unless a committee member advises the chair otherwise, it will be presumed that the member will vote on an amendment or on a measure, during a floor session, consistent with his or her vote in the committee.
14. A bill, resolution, or amendment in a committee having been rejected twice may not be brought up again during the same legislative session.
15. The minority of a committee may not make a report or present to the House an alternative report.
F. Parliamentary Authority
Rule No. 58. Precedence of Parliamentary Authority for Committees.
The precedence of parliamentary authority for the purpose of actions in a committee is set forth in Assembly Standing Rule No. 100.
G. Decorum and Debate in Committees
Rule No. 59. Portable Electronic Communication Devices.
1. A person who is within an Assembly committee room shall not engage in a telephone conversation via the use of a portable telephone.
2. No person shall engage in any conduct during a committee meeting which undermines the decorum of the meeting. Before entering 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 an Assembly committee room.
κ2013 Statutes of Nevada, Page 3912 (FILE NUMBER 5, AR 1)κ
alert, such as a silent vibration, may be operated in a nonaudible manner within an Assembly committee room. Failure to follow a warning issued by the chair may result in the device(s) being confiscated upon direction of the chair for the remainder of the meeting.
Rule No. 60. Reserved.
Rule No. 61. 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.
Rule No. 62. Points of Order.
If any member, in speaking or otherwise, transgresses the rules of the Assembly, the chair shall, or any member may, call to order, in which case the member so called to order shall immediately yield to the floor, 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 the member shall be permitted to go on. Every such decision from the presiding officer shall be subject to an appeal to the committee; 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. 63. Reserved.
VI. RULES GOVERNING MOTIONS
Rule No. 64. Entertaining.
No motion may be debated until it is distinctly announced by the presiding officer. The presiding officer, upon his or her 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.
Particular Motions
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.
κ2013 Statutes of Nevada, Page 3913 (FILE NUMBER 5, AR 1)κ
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. Reserved.
The next rule is 80.
VII. DEBATE
Rule No. 80. Speaking on Question.
1. 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.
2. When a member speaks under Order of Business 11, 12, 13 or 14 of Assembly Standing Rule No. 120, the member must limit his or her remarks to an explanation of the issue or an explanation of the bill, resolution or amendment. If the member desires to speak on the importance of such issue, bill, resolution or amendment, the member must request permission to speak under Order of Business 15 of Assembly Standing Rule No. 120.
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 a majority of the members elected; but a rule or order may be suspended temporarily by a vote of a majority of the members present.
Rule No. 92. Reserved.
κ2013 Statutes of Nevada, Page 3914 (FILE NUMBER 5, AR 1)κ
Rule No. 93. Reserved.
Rule No. 94. Privilege of the Floor and Lobbying.
1. Except as otherwise provided in subsection 2, no person, except Senators, former Assemblymen and Assemblywomen, 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.
2. A former Senator or former Assemblyman or Assemblywoman who is expelled from service in the Senate or the Assembly shall have the privilege of the floor only with permission of the Speaker during the session from which he or she was expelled.
Rule No. 95. Material Placed on Legislators Desks.
All papers, letters, notes, pamphlets and other written material placed upon the desk of a member of the Assembly 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 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 Other Papers.
Petitions 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 read for information. 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.
The remarks of all members on final passage of bills or joint resolutions and on adoption of Assembly or concurrent resolutions shall be included in the days journal. In addition, it shall be in order for members to make remarks under other orders of business and, subject to the approval of the majority of the members present, request that such remarks be entered in the Journal.
κ2013 Statutes of Nevada, Page 3915 (FILE NUMBER 5, AR 1)κ
subject to the approval of the majority of the members present, request that such remarks be entered in the Journal.
Rule No. 100. Precedence of Parliamentary Authority.
1. The precedence of parliamentary authority in the Assembly is:
(a) The Constitution of the State of Nevada and judicial decisions thereon.
(b) The Standing Rules of the Assembly and the Joint Standing Rules of the Senate and Assembly.
(c) Custom, usage and precedence.
(d) The Statutes of the State of Nevada.
(e) Masons Manual of Legislative Procedure.
2. This Rule shall remain in full force and effect throughout the interim between regular sessions of the Legislature and until new Standing Rules of the Assembly are adopted as part of the organization of a newly-constituted Assembly at the commencement of a session.
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.
κ2013 Statutes of Nevada, Page 3916 (FILE NUMBER 5, AR 1)κ
Rule No. 109. Reading of Bills.
The first reading of a bill or joint resolution 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. If the question to reject receives a majority vote of the members present, the bill or joint resolution shall be rejected. The same question must not be considered again during the session, and the question is not subject to a motion for reconsideration. No bill shall be referred to a committee until after the first reading, nor amended until after the second reading.
Rule No. 110. Second Reading and Amendment of Bills.
1. All bills must be read the second time on the first legislative day after which they are reported by committee, unless a different day is designated by motion. Upon second reading, Assembly bills reported without amendments shall be placed on the General File and Senate bills reported without amendments shall be placed on the General File. Committee amendments reported with bills shall be considered upon their second reading or third reading, as appropriate, and such amendments may be adopted by a majority vote of the members present. Any amendment which is numbered and made available to all members must be moved and voted upon by number. Assembly bills so amended must be reprinted, then engrossed or reengrossed, as applicable, 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. A member who moves to amend a bill during its second reading must limit his or her remarks to an explanation of the amendment. If the member desires to speak on the importance of the amendment, the member must request permission to speak under Order of Business 15 of Rule No. 120.
3. The reprinting of amended bills may be dispensed with upon a majority vote of the members present.
4. It shall not be in order to consider an amendment that removes all sponsors of a bill or resolution.
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 or she requests the removal of a particular bill from the Consent Calendar.
κ2013 Statutes of Nevada, Page 3917 (FILE NUMBER 5, AR 1)κ
Chief Clerk or state orally from the floor of the Assembly in session that he or she 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.
1. All bills and joint resolutions reported to the Assembly, by the Committee of the Whole, a standing committee, a conference committee or a special committee, after receiving their second readings must be placed upon the 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.
2. A member who moves to amend a bill or joint resolution during its third reading must limit his or her remarks to an explanation of the amendment. If the member desires to speak on the importance of the amendment, the member must request permission to speak under Order of Business 15 of Assembly Standing Rule No. 120.
3. A member who speaks on third reading regarding the final passage of a bill, joint resolution or initiative petition must limit his or her remarks to an explanation of the bill, joint resolution or initiative petition. If the member desires to speak on the importance of the bill, joint resolution or initiative petition, the member must request permission to speak under Order of Business 15 of Assembly Standing Rule No. 120.
Rule No. 114. Reserved.
Rule No. 115. Reconsideration of Vote on Bill.
1. A motion to reconsider a final vote on a bill or resolution shall be in order only on the day on which the final vote is taken, and the vote on such a motion to reconsider must be taken on the same day. The motion to reconsider can be made only by a member who voted with the prevailing side.
2. A motion to reconsider a vote on an amendment to a pending question must be made at once and can be made only by a member who voted with the prevailing side.
3. A motion to reconsider shall have precedence over every other motion, including a motion to adjourn, if the motion is to reconsider a final vote on a bill or resolution. If the motion to reconsider is for any other action, the motion has precedence over every other motion, except a motion to adjourn or to fix the time to adjourn; and when the Assembly adjourns while a motion to reconsider is pending, the right to move a reconsideration shall continue to the next day of sitting.
κ2013 Statutes of Nevada, Page 3918 (FILE NUMBER 5, AR 1)κ
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.
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.
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.
κ2013 Statutes of Nevada, Page 3919 (FILE NUMBER 5, AR 1)κ
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. Vetoed Bills and 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.
Rule No. 141. Use of the Assembly Chamber.
1. The Assembly Chamber shall not be used for any public or private business other than legislative, except by permission of the Assembly.
2. This Rule shall remain in full force and effect throughout the interim between regular sessions of the Legislature and until new Standing Rules of the Assembly are adopted as part of the organization of a newly-constituted Assembly at the commencement of a session.
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κ2013 Statutes of Nevada, Page 3920κ
Assembly Resolution No. 2Committee on Legislative Operations and Elections
FILE NUMBER 6
Assembly RESOLUTION — Providing for the appointment of Assembly attaches.
Resolved by the Assembly of the State of Nevada, That the following persons are elected as attaches of the Assembly for the 77th Session of the Legislature of the State of Nevada: Matthew Baker, Lucinda Benjamin, McCall Miller, Christie Peters, Jason P. Hataway, Carol Aiello-Sala, Robin L. Bates, Sharon P. Murphy, Norman Budden, Dennis Humphrey, Linda Marrone, Mary A. Matheus, Steven J. Sweeney, Debra Williams, Marge Griffin, Patricia A. Manning, Jasmine Shackley, Sally Stoner, Carolyn Maynick, Jenny McMenomy, Erin Marlon, Tina Mims Frias, Brittany Shipp, Matthew Walker, Jean Kvam, Denise Larsen, Nichole Bailey, Jeanne Peyton, Judy Molnar, Sheri Bashaw, Jessica Nitti, Janet F. Stokes, Sylvia Dominguez-Curry, Juan Ortega, Mary Bean, Robin Carter, Sara Menke, Linda Law, Sylvia Brown, Judi Bishop, Andrew Diss, Harle Glover, Pat Hutson, Mary Lee, Mary Merry, Cinthia Zermeno, Mistia Zuckerman, Jeff Eck, Bonnie Borda Hoffecker, Leslie Danihel, Patti Adams, Connie Davis, Linda Blevins, Anne Bowen, Nate Helton, Sherie Silva, Carol J. Thomsen, Janice Wright, Cynthia Wyett, Ted Zuend, John Budden, Linda Conaboy, Jennifer Dalton, Janel Davis, Nancy Davis, James Fonda, Dianne Harvey, Gina Hall, Theresa Horgan, Jacqueline Lethbridge, Sharon McCallen, Lori McCleary, Earlene Miller, Karen Pugh, Thelma Reindollar, Maysha Watson, Karyn Werner, Linda Whimple, Kate Wilson, Lynson Beaulieu, Teresa Boquiren, Michael Cabrera, Patti Flasch, Jaunice Franzen, Anni Glogovac, Patricia Hartman, Verdene Johnson, Deanna Lazovich, Gregory Martin, Marilyn McElhany, Barbara Mickle, Margaret Kelly Osborne, Jenny Polek, Sheree L. Rosevear, Paula Rudolph, Christina Salerno, Jennifer Scaffidi, Cindy Southerland, Susan Sutton, Jackie Valley, Robin Valentine-Kindred, Cindie Kusko, Olivia M. Lloyd, Sean OCallaghan, Gariety Pruitt, Steven Sisneros, Cheryl Williams, Macy Young, Karel Ancona-Henry, Taylor Herrick, Diane Hudson, David E. Moore, Marcia Peterson, Elizabeth Saenz, Susan Schmid, Sonja Strom and Deanna Keirstead.
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κ2013 Statutes of Nevada, Page 3921κ
Assembly Resolution No. 3Committee on Legislative Operations and Elections
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 and Speaker Pro Tempore, Majority Floor Leader, Minority Floor Leader and chair 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 Chief Clerk to the State Controller, who is authorized to draw warrants therefor on the Legislative Fund, and the State Treasurer is thereafter authorized to pay these warrants.
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Senate Resolution No. 4Senators Denis, Roberson; Atkinson, Brower, Cegavske, Ford, Goicoechea, Gustavson, Hammond, Hardy, Hutchison, Jones, Kieckhefer, Kihuen, Manendo, Parks, Segerblom, Settelmeyer, Smith, Spearman and Woodhouse
FILE NUMBER 8
Senate RESOLUTION — Amending the Senate Standing Rules for the 77th Session of the Legislature.
Resolved by the Senate of the State of Nevada, That Rule No. 40 of the Standing Rules of the Senate as adopted by the 77th Session of the Legislature is hereby amended to read as follows:
Rule No. 40. Standing and Select Committees.
1. Except as otherwise provided in subsection 2, the standing and select committees of the Senate and their respective jurisdiction for the reference of bills and resolutions are as follows:
(a) Commerce, Labor and Energy, seven members, with jurisdiction over measures affecting primarily titles 52-56 of NRS, and chapters 97-100, 118-119, 119B, 459A, 461, 461A, 489, 679A-693A, 694A-704B, 707, 711 and 712 of NRS, except measures affecting primarily state and local revenue.
(b) Education, five members, with jurisdiction over measures affecting primarily chapters 378-380A, 385, 386 and 388-399 of NRS, except measures affecting primarily state and local revenue.
(c) Finance, seven members, with jurisdiction over measures primarily affecting chapters 1A, 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.
κ2013 Statutes of Nevada, Page 3922 (FILE NUMBER 8, SR 4)κ
revenue, and over any measures carrying or requiring appropriations and favorably reported by any other committee.
(d) Government Affairs, five members, with jurisdiction over measures affecting primarily titles 20-22, 25, 27, 28, 30, 31, 36 and 37 of NRS, and chapters 223-228, 232-237, 238-242, 286-289, 381, 384, 472-474, 477, 693B, 708-710 and 720 of NRS, except measures affecting primarily the provisions of the Nevada Administrative Procedure Act that govern the adjudication of contested cases, state and local revenue and state and federal budget issues.
(e) Health and Human Services, five members, with jurisdiction over measures primarily affecting titles 38 and 39 of NRS, and chapters 439-444 (NRS 444.003-444.430), 446-458A, 460 and 583-585 of NRS, except measures affecting primarily state and local revenue.
(f) 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 2-7, 9, 11-16 and 41 of NRS, and chapters 1, 2-7, 101-104A, 111-117, 119A, 120, 120A, [458A,] 475 and 719 of NRS, except measures affecting primarily state and local revenue.
(g) Legislative Operations and Elections, five members, with jurisdiction over measures affecting primarily titles 17, 24 and 29 of NRS, and chapters 281-285 of NRS, and the operation of the legislative session, except measures affecting primarily state and local revenue.
(h) Natural Resources, five members, with jurisdiction over measures primarily affecting titles 26, 45-50 of NRS, and chapters 383, 407, 444 (NRS 444.435-444.650), 444A-445D, 459, 488, 581, 582 and 586-590 of NRS, except measures affecting primarily state and local revenue.
(i) Revenue and Economic Development, seven members, with jurisdiction over measures affecting primarily title 32 of NRS, and chapters 231 and 237A of NRS, and state and local revenue.
(j) Transportation, five members, with jurisdiction over measures affecting primarily title 44 of NRS, and chapters 403-405, 408, 410, 476, 480-487, 490, 705 and 706 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 or select committees of the Senate for review. Upon receiving such an assignment the standing or select committee shall complete its review expeditiously and report its findings and any recommendations to the Standing Committee on Finance for its independent evaluation.
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κ2013 Statutes of Nevada, Page 3923κ
Senate Concurrent Resolution No. 2Senators Denis; Atkinson, Brower, Cegavske, Ford, Goicoechea, Gustavson, Hammond, Hardy, Hutchison, Jones, Kieckhefer, Kihuen, Manendo, Parks, Roberson, Segerblom, Settelmeyer, Smith, Spearman and Woodhouse
Joint Sponsors: Assemblymen Hickey; Aizley, Elliott Anderson, Paul Anderson, Benitez-Thompson, Bobzien, Brooks, Bustamante Adams, Carlton, Carrillo, Cohen, Daly, Diaz, Dondero Loop, Duncan, Eisen, Ellison, Fiore, Flores, Frierson, Grady, Hambrick, Hansen, Hardy, Healey, Hogan, Horne, Kirkpatrick, Kirner, Livermore, Martin, Munford, Neal, Ohrenschall, Oscarson, Pierce, Spiegel, Sprinkle, Stewart, Swank, Wheeler and Woodbury
FILE NUMBER 9
Senate Concurrent RESOLUTION — Commemorating the 20th anniversary of the donation of precious art from the Republic of China (Taiwan) to the people of the State of Nevada, reaffirming the sister-state relationship between the State of Nevada and the Republic of China (Taiwan) and celebrating the donation of additional artwork to the Nevada Legislature under the Nevada Senates SENarts initiative.
Whereas, On October 24, 1985, the State of Nevada and the Republic of China (Taiwan) joined together in a sister-state relationship to strengthen international understanding and goodwill and to establish a greater friendship between the people of the State of Nevada and the Republic of China (Taiwan); and
Whereas, As a token of this friendship, in 1993, and later in 1997, the State of Nevada was honored with gifts of beautiful silk art paintings by Professor James Yeh-Jau Liu, Master Lei-Sheng Huang, Professor Chang-Chieh Wang, Master Dai-Chen Chang and Ms. Yi-Jen Sun, who is represented today by her son, Mr. Peter Chang; and
Whereas, In 1991, the State of Nevada was honored to receive from the Republic of China (Taiwan) two beautiful metal state seals, which are each 52 inches in diameter and 3 inches in depth and weigh 200 pounds and which are placed prominently on the north and south exterior walls of the Legislative Building; and
Whereas, This year, the Nevada Senate began the SENarts initiative, spotlighting the visual arts in the Legislative Building; and
Whereas, As a key component of the SENarts initiative, the Senate collaborated with staff of the Legislative Counsel Bureau to create a beautiful display of the donated silk art paintings; and
Whereas, The SENarts initiative inspired an additional donation, on this day, of a new painting by Ms. Hui Liu, a prominent artist, entitled Plum Blossoms; now, therefore, be it
Resolved by the Senate of the State of Nevada, the Assembly Concurring, That on this, the 20th Anniversary of the donation of the original silk art paintings, the members of the 77th Session of the Nevada Legislature, on behalf of the people of the State of Nevada, do hereby express their sincere gratitude and appreciation to the people of the Republic of China (Taiwan) for this gift of artwork by Ms.
κ2013 Statutes of Nevada, Page 3924 (FILE NUMBER 9, SCR 2)κ
of China (Taiwan) for this gift of artwork by Ms. Hui Liu, and do hereby reaffirm the sister-state relationship; and be it further
Resolved, That this relationship is a source of great pride for the people of the State of Nevada, bringing enlightenment, friendship and economic growth to both partners; and be it further
Resolved, That the Secretary of the Senate prepare and transmit a copy of this resolution to Director General Bruce Gen-Gang Fuh of the Taipei Economic and Cultural Office in San Francisco.
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Senate Concurrent Resolution No. 3Senators Denis and Roberson
Joint Sponsors: Assemblymen Kirkpatrick and Hickey
FILE NUMBER 10
Senate Concurrent RESOLUTION — Providing for the voluntary transfer of a portion of Legislators salaries to the State General Fund.
Whereas, The State of Nevada has faced a staggering budgetary deficit as a result of the impact of a prolonged national recession on Nevadas economy, and the State continues to struggle as a result of the financial hardship experienced by its residents; and
Whereas, To meet its constitutional duty to balance the States budget for the 2011-2013 biennium, the 76th Regular Session of the Nevada Legislature was required to make difficult decisions, including, without limitation, making significant cuts to the States budget and providing for a 2.5 percent reduction of the salaries of state employees and imposing furlough requirements on state employees which, when combined, amounted to a 4.8 percent reduction of those salaries; and
Whereas, Despite the financial burden of the salary reduction, public employees of this State have continued to perform their duties with diligence, dedication and professionalism; and
Whereas, The Nevada Constitution prohibits the increase or decrease of the salaries of state officers during their terms of office; and
Whereas, In recognition of the financial sacrifice of our States public workforce during this biennium, the members of the 77th Regular Session of the Nevada Legislature pledge to voluntarily take a comparable 4.8 percent reduction of their salaries for the 77th Regular Session of the Nevada Legislature; now, therefore, be it
Resolved by the Senate of the State of Nevada, the Assembly Concurring, That the Legislature hereby directs the Accounting Unit of the Legislative Counsel Bureau to withhold 4.8 percent of each Legislators salary for the 77th Regular Session of the Nevada Legislature; and be it further
Resolved, That the Accounting Unit of the Legislative Counsel Bureau shall pay the total amount of such withholdings to the State Treasurer for credit to the unrestricted balance of the State General Fund; and be it further
κ2013 Statutes of Nevada, Page 3925 (FILE NUMBER 10, SCR 3)κ
Resolved, That the Accounting Unit of the Legislative Counsel Bureau shall not reduce the salary of any Legislator who did not vote in favor of passage of this resolution and who notifies the Director of the Legislative Counsel Bureau that the Legislator does not wish to have the withholding made from his or her salary.
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Assembly Resolution No. 4Committee on Legislative Operations and Elections
FILE NUMBER 11
Assembly RESOLUTION — Amending the Assembly Standing Rules for the 77th Session of the Legislature to increase the number of members on the Committee on Legislative Operations and Elections and provide for the appointment of alternates to committees.
Resolved by the Assembly of the State of Nevada, That Rule No. 40 of the Standing Rules of the Assembly as adopted by the 77th Session of the Legislature is hereby amended to read as follows:
Rule No. 40. Standing Committees.
The standing committees of the Assembly are as follows:
1. Ways and Means, sixteen members.
2. Judiciary, twelve members.
3. Taxation, twelve members.
4. Education, fourteen members.
5. Legislative Operations and Elections, [eight] nine members.
6. Natural Resources, Agriculture, and Mining, eleven members.
7. Transportation, fifteen members.
8. Commerce and Labor, fifteen members.
9. Health and Human Services, fourteen members.
10. Government Affairs, fourteen members.
And be it further
Resolved by the Assembly of the State of Nevada, That the Standing Rules of the Assembly as adopted by the 77th Session of the Legislature are hereby amended by adding thereto a new rule, designated Rule 41.5, following Rule 41, to read as follows:
Rule No. 41.5. Appointment of Alternates.
If the chair or any member of a committee is temporarily unable to perform his or her duties, the Speaker shall appoint an alternate of the same political party to serve in the chairs or the members place for such time as is determined by the Speaker.
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κ2013 Statutes of Nevada, Page 3926κ
Assembly Resolution No. 5Select Committee on the Assembly
FILE NUMBER 12
Assembly RESOLUTION — Approving and ratifying committee rules and orders of the Select Committee on the Assembly and providing further instructions and authority to the Select Committee on the Assembly.
Whereas, The Assembly appointed the members of the Select Committee on the Assembly to consider and investigate matters within the jurisdiction of Section 6 of Article 4 of the Nevada Constitution; and
Whereas, The Select Committee on the Assembly reports that it has commenced its proceedings to consider and investigate matters within the jurisdiction of Section 6 of Article 4 of the Nevada Constitution; and
Whereas, The Select Committee on the Assembly reports that it has adopted committee rules that are necessary, just and appropriate to preserve order and protect the integrity and decorum of the Legislature and the legislative process and to conduct the Committees proceedings to consider and investigate matters within the jurisdiction of Section 6 of Article 4 of the Nevada Constitution; and
Whereas, The Select Committee on the Assembly reports that its Chair has issued orders pursuant to its committee rules that are necessary, just and appropriate to preserve order and protect the integrity and decorum of the Legislature and the legislative process and to conduct the Committees proceedings to consider and investigate matters within the jurisdiction of Section 6 of Article 4 of the Nevada Constitution; and
Whereas, The Select Committee on the Assembly has submitted its committee rules and orders to the Assembly for consideration and review; now, therefore, be it
Resolved by the Assembly of the State of Nevada, That the committee rules of the Select Committee on the Assembly are hereby determined to be necessary, just and appropriate to preserve order and protect the integrity and decorum of the Legislature and the legislative process and to conduct the Committees proceedings to consider and investigate matters within the jurisdiction of Section 6 of Article 4 of the Nevada Constitution; and be it further
Resolved, That the committee rules of the Select Committee on the Assembly are hereby approved and ratified; and be it further
Resolved, That the orders of the Chair of the Select Committee on the Assembly that have been issued pursuant to its committee rules are determined to be necessary, just and appropriate to preserve order and protect the integrity and decorum of the Legislature and the legislative process and to conduct the Committees proceedings to consider and investigate matters within the jurisdiction of Section 6 of Article 4 of the Nevada Constitution; and be it further
Resolved, That the orders of the Chair of the Select Committee on the Assembly that have been issued pursuant to its committee rules are hereby approved and ratified; and be it further
κ2013 Statutes of Nevada, Page 3927 (FILE NUMBER 12, AR 5)κ
Resolved, That the Select Committee on the Assembly is hereby instructed to continue its proceedings to consider and investigate matters within the jurisdiction of Section 6 of Article 4 of the Nevada Constitution; and be it further
Resolved, That the Select Committee on the Assembly is hereby authorized to adopt or amend any committee rules that are necessary, just and appropriate to preserve order and protect the integrity and decorum of the Legislature and the legislative process and to conduct the Committees proceedings to consider and investigate matters within the jurisdiction of Section 6 of Article 4 of the Nevada Constitution; and be it further
Resolved, That the Select Committee on the Assembly and its Chair are hereby authorized to issue any orders pursuant to its committee rules that are necessary, just and appropriate to preserve order and protect the integrity and decorum of the Legislature and the legislative process and to conduct the Committees proceedings to consider and investigate matters within the jurisdiction of Section 6 of Article 4 of the Nevada Constitution; and be it further
Resolved, That the Select Committee on the Assembly shall make reports and recommendations to the Assembly, at such times as the Committee deems advisable, regarding its proceedings to consider and investigate matters within the jurisdiction of Section 6 of Article 4 of the Nevada Constitution; and be it further
Resolved, That this resolution shall be entered upon the Journal of the Assembly.
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Senate Concurrent Resolution No. 5Senators Smith; Atkinson, Brower, Cegavske, Denis, Ford, Goicoechea, Gustavson, Hammond, Hardy, Hutchison, Jones, Kieckhefer, Kihuen, Manendo, Parks, Roberson, Segerblom, Settelmeyer, Spearman and Woodhouse
Joint Sponsors: Assemblymen Grady; Aizley, Elliot Anderson, Paul Anderson, Benitez-Thompson, Bobzien, Brooks, Bustamante Adams, Carlton, Carrillo, Cohen, Daly, Diaz, Dondero Loop, Duncan, Eisen, Ellison, Fiore, Flores, Frierson, Hambrick, Hansen, Hardy, Healey, Hickey, Hogan, Horne, Kirkpatrick, Kirner, Livermore, Martin, Munford, Neal, Ohrenschall, Oscarson, Pierce, Spiegel, Sprinkle, Stewart, Swank, Wheeler and Woodbury
FILE NUMBER 13
Senate Concurrent RESOLUTION — Commemorating the 150th anniversary of the State of Nevada.
Whereas, People have lived, worked and played for thousands of years in the place that we now call Nevada; and
Whereas, The experiences of those people have shaped the long, interesting and complex history of this unique and rugged place; and
Whereas, Many of the people who lived here in the mid-19th century sought formal recognition as a state; and
κ2013 Statutes of Nevada, Page 3928 (FILE NUMBER 13, SCR 5)κ
Whereas, A majority of Nevada voters approved a proposed state constitution in September of 1864; and
Whereas, President Abraham Lincoln accepted that constitution and welcomed the State of Nevada into the Union on October 31, 1864; and
Whereas, The diverse and varied people inhabiting the new State of Nevada were joined over the subsequent decades by many thousands more who agreed that Home Means Nevada; and
Whereas, Nevadans of the 21st century are intrigued by the multifaceted history of this place and will benefit from reflection and reminiscence as they look forward to what will no doubt be an exciting and rewarding future; and
Whereas, The State of Nevada will celebrate its 150th anniversary of statehood on October 31, 2014; and
Whereas, The Sesquicentennial Year will begin on Nevada Day, 2013, and conclude on Nevada Day, 2014; and
Whereas, The Nevada Sesquicentennial Commission will oversee a number of exciting events and enduring legacy projects during the Sesquicentennial Year that will commemorate the broad sweep of Nevadas rich past and celebrate its future; and
Whereas, Community-based and historical organizations throughout the State will also generate numerous opportunities for all Nevadans to explore the many aspects of their shared heritage; now, therefore, be it
Resolved by the Senate of the State of Nevada, the Assembly Concurring, That the members of the 77th Session of the Nevada Legislature do hereby commemorate the 150th anniversary of Nevadas statehood; and be it further
Resolved, That the members of the 77th Session of the Nevada Legislature do hereby urge the residents of Nevada to participate in the many statewide and community-based events and projects planned for the Sesquicentennial Year; and be it further
Resolved, That the Secretary of the Senate prepare and transmit a copy of this resolution to the Nevada Sesquicentennial Commission for inclusion on the official sesquicentennial website where it will be available to be seen by all Nevadans.
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κ2013 Statutes of Nevada, Page 3929κ
Assembly Concurrent Resolution No. 4Assemblymen Grady; Aizley, Elliot Anderson, Paul Anderson, Benitez-Thompson, Bobzien, Brooks, Bustamante Adams, Carlton, Carrillo, Cohen, Daly, Diaz, Dondero Loop, Duncan, Eisen, Ellison, Fiore, Flores, Frierson, Hambrick, Hansen, Hardy, Healey, Hickey, Hogan, Horne, Kirkpatrick, Kirner, Livermore, Martin, Munford, Neal, Ohrenschall, Oscarson, Pierce, Spiegel, Sprinkle, Stewart, Swank, Wheeler and Woodbury
Joint Sponsors: Senators Goicoechea; Atkinson, Brower, Cegavske, Denis, Ford, Gustavson, Hammond, Hardy, Hutchison, Jones, Kieckhefer, Kihuen, Manendo, Parks, Roberson, Segerblom, Settelmeyer, Smith, Spearman and Woodhouse
FILE NUMBER 14
Assembly Concurrent RESOLUTION — Honoring Nevadans who have lost their lives in the Global War on Terrorism.
Whereas, Since the launching of the Global War on Terrorism in response to attacks on the United States on September 11, 2001, through Operation Iraqi Freedom, Operation Enduring Freedom and Operation New Dawn, 6,618 Americans have lost their lives, including 56 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 the fifty-three Nevadans who we have recognized in previous legislative sessions; and be it further
Resolved, That we pause today to reflect on the supreme sacrifice of the three Nevadans who have given their lives since the 76th Legislative Session: Marine Corporal Jon-Luke Bateman, Pahrump; Army Sergeant Ken K. Hermogino, Henderson; and Army Sergeant Timothy Sayne, Reno; and be it further
Resolved, That the members of the 77th 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 three copies of this resolution to Caleb S. Cage, Executive Director of the Office of Veterans Services, for transmittal to the family of each of those being honored.
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κ2013 Statutes of Nevada, Page 3930κ
Assembly Resolution No. 6Committee on Legislative Operations and Elections
FILE NUMBER 15
Assembly RESOLUTION — Providing for the appointment of an additional attache for the Assembly.
Resolved by the Assembly of the State of Nevada, That Julie Kellen is elected as an additional attache of the Assembly for the 77th Session of the Nevada Legislature.
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Assembly Resolution No. 7Committee on Legislative Operations and Elections
FILE NUMBER 16
Assembly RESOLUTION — Providing for the appointment of an additional attache for the Assembly.
Resolved by the Assembly of the State of Nevada, That Colter Thomas is elected as an additional attache of the Assembly for the 77th Session of the Nevada Legislature.
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Senate Concurrent Resolution No. 6Senators Smith, Brower; Atkinson, Cegavske, Denis, Ford, Goicoechea, Gustavson, Hammond, Hardy, Hutchison, Jones, Kieckhefer, Kihuen, Manendo, Parks, Roberson, Segerblom, Settelmeyer, Spearman and Woodhouse
Joint Sponsors: Assemblymen Hickey; Aizley, Elliot Anderson, Paul Anderson, Benitez-Thompson, Bobzien, Brooks, Bustamante Adams, Carlton, Carrillo, Cohen, Daly, Diaz, Dondero Loop, Duncan, Eisen, Ellison, Fiore, Flores, Frierson, Grady, Hambrick, Hansen, Hardy, Healey, Hogan, Horne, Kirkpatrick, Kirner, Livermore, Martin, Munford, Neal, Ohrenschall, Oscarson, Pierce, Spiegel, Sprinkle, Stewart, Swank, Wheeler and Woodbury
FILE NUMBER 17
Senate Concurrent RESOLUTION — Memorializing former State Senator William J. Raggio.
Whereas, The members of the Nevada Legislature are mourning the passing, on February 23, 2012, of one of their most esteemed colleagues and one of Nevadas most dedicated citizens, former State Senator William J. Raggio; and
κ2013 Statutes of Nevada, Page 3931 (FILE NUMBER 17, SCR 6)κ
Whereas, William John Raggio, Jr., a third generation native Nevadan, was born in Reno, on October 30, 1926, just a few hours short of Nevada Day, and was educated in the Reno public schools; and
Whereas, After completing Naval Officer Candidate training and his commission as a Second Lieutenant in the United States Marine Corps, Bill received his B.A. from the University of Nevada, Reno, and his J.D. from the University of Californias Hastings College of Law; and
Whereas, Bill Raggio was first elected District Attorney of Washoe County in 1958 and served in that office until 1970, achieving national recognition as the Outstanding Prosecutor in the United States in 1965 and President of the National District Attorneys Association in 1967; and
Whereas, After Bill Raggio was first elected to the State Senate in 1972, he went on to become the longest-serving State Senator in Nevada history, serving over 38 years in 19 regular sessions and 13 special sessions, which included 20 years as Senate Majority Floor Leader, the longest in Nevada history; and
Whereas, Senator Raggio served diligently and honorably for many years as Chairman of the Senate Committee on Finance, Chairman and Vice Chairman of the Interim Finance Committee and Chairman of the Legislative Committee on Education; and
Whereas, As State Senator, Bill Raggio was a true pioneer, sponsoring perhaps the most important education measure in state history, the Nevada Education Reform Act of 1997, establishing the Nevada Economic Forum to provide nonpartisan, technical projections of state revenue, authoring the constitutional amendment that limits Nevadas regular legislative sessions to 120 calendar days, and being honored as Father of the Airport Authority in recognition of his legislation creating that entity in Washoe County; and
Whereas, Senator Raggio received numerous national awards and honors over the years for his legislative service, including election as National Chairman of the American Legislative Exchange Council (ALEC) in 1993, the Lifetime Achievement Award of the National Italian American Foundation in 1999, and the establishment by ALEC of the William J. Raggio Excellence in Leadership and Outstanding Service Award; and
Whereas, Bill Raggio, a member of the Boy Scouts of America starting in 1938, and the recipient of the National Distinguished Eagle Scout award in 1989, stated that scouting taught him the importance of principles, morals and achievement and of all the recognition he received in his life, his Eagle Scout Badge was the award he cherished most; and
Whereas, William J. Raggio was inducted into the Nevada Senate Hall of Fame on April 19, 2011, as a master negotiator, devoted public servant and one of the greatest political figures in Nevada history; and
Whereas, Senator Raggio was tireless in his commitment to the people of the State of Nevada and legendary in his ability to command nonpartisan politics from both parties for the good of the people of the State; and
Whereas, William J. Raggio will long be remembered as one of Nevadas most devoted sons and outstanding citizens, with an ever-present sense of humor, whose honest efforts and genuine accomplishments will benefit many generations of Nevadans to come; now, therefore, be it
κ2013 Statutes of Nevada, Page 3932 (FILE NUMBER 17, SCR 6)κ
Resolved by the Senate of the State of Nevada, the Assembly Concurring, That the members of the 77th Session of the Nevada Legislature hereby extend their deepest condolences to Senator Raggios beloved wife Dale, and daughters Leslie and Tracy; and be it further
Resolved, That the Secretary of the Senate prepare and transmit copies of this resolution to Bill Raggios beloved wife and daughters.
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Assembly Joint Resolution No. 6Assemblymen Ellison, Hickey, Fiore, Wheeler, Hambrick; Aizley, Elliot Anderson, Paul Anderson, Benitez-Thompson, Bustamante Adams, Carrillo, Cohen, Daly, Duncan, Eisen, Grady, Hardy, Healey, Livermore, Martin, Munford, Neal, Ohrenschall, Oscarson, Spiegel, Sprinkle, Stewart, Swank and Woodbury
Joint Sponsors: Senators Cegavske, Gustavson, Brower, Hardy, Hutchison; Atkinson, Goicoechea, Hammond, Jones, Kieckhefer, Kihuen, Manendo, Roberson, Settelmeyer, Spearman and Woodhouse
FILE NUMBER 18
assembly JOINT RESOLUTION — Recognizing the strategic partnership and bond of friendship with, and expressing the Nevada Legislatures support for, the State of Israel.
Whereas, The United States of America, having been the first country to recognize the State of Israel as an independent nation and as the principal ally of the State of Israel, has enjoyed a close and mutually beneficial relationship with the State of Israel and her people; and
Whereas, The State of Israel is the United States of Americas closest ally in the Middle East; and
Whereas, The State of Israel is currently facing significant threats, including the possibility of Iran developing nuclear weapons; and
Whereas, These threats also pose a substantial risk to the United States of America and the other democratic countries of the world; and
Whereas, The State of Nevada and the State of Israel enjoy a cordial and mutually beneficial relationship; and
Whereas, The Jewish community in the State of Nevada continues to make important contributions to the history and culture of the State of Nevada and supports the State of Israel; now, therefore, be it
Resolved by the Assembly and Senate of the State of Nevada, Jointly, That the members of the 77th Session of the Nevada Legislature hereby recognize the strategic partnership and bond of friendship between the State of Nevada and the State of Israel; and be it further
Resolved, That the Nevada Legislature hereby expresses its support for Governor Brian Sandovals upcoming trade mission to the State of Israel; and be it further
Resolved, That the Nevada Legislature hereby expresses its support for the State of Israel; and be it further
κ2013 Statutes of Nevada, Page 3933 (FILE NUMBER 18, AJR 6)κ
Resolved, That the Chief Clerk of the Assembly prepare and transmit a copy of this resolution to the Ambassador of Israel to the United States, the Consul General of Israel in Los Angeles, each member of the Nevada Congressional Delegation and the President of the Jewish Federation of Las Vegas.
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Assembly Resolution No. 8Assemblymen Kirkpatrick, Horne and Hickey
FILE NUMBER 19
Assembly RESOLUTION — Adding former Assemblywoman Gene Wines Segerblom 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 Assembly are saddened by the loss of one of their own, former Assemblywoman Gene Wines Segerblom; and
Whereas, Gene Segerblom served Nevada and her constituents in Boulder City, Laughlin and Searchlight in Assembly District No. 22 in Clark County for over four regular sessions; and
Whereas, Gene began her career as an elected public official as a councilwoman on the Boulder City Council from 1978 through 1983; and
Whereas, In 1992, upon her election to the Legislature, she held the record as having the latest start of any woman elected to the Legislature and was only 1 year shy of being Nevadas oldest freshman legislator in the history of the State of Nevada; and
Whereas, In addition to her public life, Gene taught school in Nevada for many years and traveled the State with her husband Cliff, writing articles on Nevada history and geography while he photographed the wonderful and unique places they visited; and
Whereas, Gene was active in numerous civic organizations and served on many foundations to benefit causes ranging from the Boulder City Museum and Historical Association to the Boulder City Chamber of Commerce; now, therefore, be it
Resolved by the Assembly of the State of Nevada, That Assemblywoman Gene Wines Segerblom is hereby added to the Assembly Wall of Distinction; and be it further
Resolved, That the Chief Clerk of the Assembly prepare and transmit a copy of this resolution to the family of former Assemblywoman Gene Wines Segerblom.
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κ2013 Statutes of Nevada, Page 3934κ
Assembly Resolution No. 9Assemblymen Kirkpatrick, Horne and Hickey
FILE NUMBER 20
Assembly RESOLUTION — Adding Terry Sullivan 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 Nevada 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; and
Whereas, Terry Sullivan was born in Lovelock, Nevada, in 1937 and began a career as a stock clerk in the classified service of the State of Nevada in 1960 at the age of 22; and
Whereas, After several promotions, Terry Sullivan was appointed by Governor Mike OCallaghan as Purchasing Director in 1972 and continued to serve in that job until 1983; and
Whereas, Terry accomplished many things during his tenure in state service, such as writing the grant for funds to rebuild the former Stewart Indian School; reestablishing the state tradition of the Christmas tree lighting; producing the history of the Capitol Building and the Governors Mansion in magazine form in 1985; coproducing Nevada, a History of the Silver State in 1987; selecting the first colors for the Great Seal of Nevada; and protecting Nevadas governmental antiquities by having them placed in museums and state institutions; and
Whereas, Terry Sullivan loved rural Nevada and worked to preserve Nevadas traditions and promote the cowboy way through cow punchin and performing his true labor of love at the Cottonwood Ranch in Jarbidge, Nevada; and
Whereas, After his retirement from state service, the cowboy in Terry wouldnt let him sit still for long, and he joined the Assemblys Sergeant at Arms staff in 1995 and was appointed as the Sergeant at Arms in 1997; and
Whereas, During Terrys service as Assembly Sergeant at Arms, he worked with Assemblyman John Carpenter to create the Assemblys Cowboy Hall of Fame; began and promoted school tours of the Nevada Legislature; brought the first art exhibition to the Legislative Building, with an emphasis on art of Nevada students; and established the Assemblys lunch program, which coincided with the start of the 120-day session; and
Whereas, Terry Sullivans tenure with the Nevada Assembly lasted nine regular sessions, eight of those as Sergeant at Arms; and
Whereas, Nevada owes a great debt of gratitude to Terry Sullivan for 50 years of distinguished service to the State of Nevada; and
Whereas, Mr. Sullivan can take pride for his efforts to maintain the honor, traditions and decorum of the Assembly and its Chamber for nine legislative sessions and for being a stalwart steward of the process and a friend and mentor to the many people he met and worked with over the years; now, therefore, be it
κ2013 Statutes of Nevada, Page 3935 (FILE NUMBER 20, AR 9)κ
Resolved by the Assembly of the State of Nevada, That former Assembly Sergeant at Arms Terry Sullivan is hereby added to the Assembly Wall of Distinction; and be it further
Resolved, That the Chief Clerk of the Assembly prepare and transmit a copy of this resolution to former Sergeant at Arms Terry Sullivan.
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Senate Resolution No. 5Senators Denis; Atkinson, Brower, Cegavske, Ford, Goicoechea, Gustavson, Hammond, Hardy, Hutchison, Jones, Kieckhefer, Kihuen, Manendo, Parks, Roberson, Segerblom, Settelmeyer, Smith, Spearman and Woodhouse
FILE NUMBER 21
Senate RESOLUTION — Inducting Sue Wagner into the Senate Hall of Fame.
Whereas, The Senate of the Legislature of the State of Nevada has established a Senate Hall of Fame whose members are selected by leadership from those past Senators who have served with distinction and who have made exemplary contributions to the State of Nevada; and
Whereas, Sue Wagner was born in Portland, Maine, and received a Bachelor of Arts in Political Science from the University of Arizona and a Master of Arts in History from Northwestern University in Evanston, Illinois; and
Whereas, During her career, Sue worked as a newspaper reporter, an educator in government and history at the high school and college levels, and in special assistant positions at Ohio State University and the Desert Research Institute; and
Whereas, Sue Wagner was married to the late Dr. Peter Wagner, who lost his life in 1980 while conducting research for the Desert Research Institute, and is the mother of their two children Kirk and Kristina; and
Whereas, Sue Wagner was first elected to the Nevada Assembly from Washoe County in 1974, serving in that position for 6 years until her election to the Nevada Senate in November 1980, being only the fifth woman to be elected to the Nevada State Senate; and
Whereas, Senator Wagner chaired the Senate Committee on Judiciary during the 1987 and 1989 Legislative Sessions, the first woman in Nevada history to serve in that capacity, and also served on the Senate Standing Committees on Government Affairs and Legislative Affairs and Operations, and chaired a number of special studies during the interim period between sessions, including the Legislative Commissions Subcommittees on the Nevada Prison System (1979-81), Development of a Master Plan for the Nevada Prison System (1981-82), Grand Juries in Nevada (1983-84), Foster Care Provided to Children in Nevada (1985-86) and the Study of Alternative Methods of Resolving Disputes (1989-90); and
Whereas, During her career as a State Senator, Senator Wagner was the primary sponsor of numerous bills that were enacted and signed into law, including measures affecting families, women and children, domestic violence, persons with disabilities, smoking in public buildings, ethics in government, growth management and regional planning, prison-related issues, elections and election campaign reform, conservation, public health and sample ballots for constitutional amendments; and
κ2013 Statutes of Nevada, Page 3936 (FILE NUMBER 21, SR 5)κ
issues, elections and election campaign reform, conservation, public health and sample ballots for constitutional amendments; and
Whereas, Following 10 years of service in the Nevada State Senate, Senator Wagner was elected as Lieutenant Governor of Nevada in 1990 and, as Lieutenant Governor from 1991 through 1995, presided over the floor sessions of the Senate during the Regular Sessions of 1991 and 1993; and
Whereas, Starting in 1995, Sue Wagner was in charge of the legislative intern program for the University of Nevada, Reno, which allows university students who may be interested in a career in government or elective office to assist a member of the Legislature during regular legislative sessions; and
Whereas, In April 1997, Sue Wagner was appointed to the Nevada Gaming Commission by former Governor Bob Miller where she served for over 11 years; and
Whereas, Some of the numerous honors, awards and accomplishments which Sue Wagner has received include: Humanitarian of the Year from the National Conference of Christians and Jews; Outstanding Woman in Government from the Governors Conference on Women; Conservation Legislator of the Year from the Nevada Wildlife Federation; Breaking the Glass Ceiling Award from the Women Executives in State Government; the Professional Achievement Award from the University of Arizona Alumni Association; the Nevada Merit Mother of the Year Award from the American Mothers Association; Woman of the Year from the Commission on the Status of Women; and Woman of Distinction Lifetime Achievement from the Capital Womens Political Caucus; now, therefore, be it
Resolved by the Senate of the State of Nevada, That Sue Wagner, who has dedicated many years of her life to the service of the people of the State of Nevada at the University of Nevada, Reno, as a member of both the Nevada Senate and Assembly, as Lieutenant Governor of Nevada and as a member of the Nevada Gaming Commission, is hereby inducted into the Senate Hall of Fame of the Legislature of the State of Nevada.
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Senate Resolution No. 6Senators Denis; Atkinson, Brower, Cegavske, Ford, Goicoechea, Gustavson, Hammond, Hardy, Hutchison, Jones, Kieckhefer, Kihuen, Manendo, Parks, Roberson, Segerblom, Settelmeyer, Smith, Spearman and Woodhouse
FILE NUMBER 22
Senate RESOLUTION — Inducting Bernice Mathews into the Senate Hall of Fame.
Whereas, The Senate of the Legislature of the State of Nevada has established a Senate Hall of Fame whose members are selected by leadership from those past Senators who have served with distinction and who have made exemplary contributions to the State of Nevada; and
Whereas, Bernice Mathews was born in Jackson, Mississippi, and moved to Reno, Nevada, in the 1950s, where she received a Bachelor of Science in Nursing and a Master of Education in Administration of Higher Education from the University of Nevada, Reno; and
κ2013 Statutes of Nevada, Page 3937 (FILE NUMBER 22, SR 6)κ
Whereas, During her nursing career, Bernice Mathews advanced from a staff nurse to a head nurse at Washoe Medical Center and from a clinical nursing instructor to the Director of Health Sciences and Nursing at Truckee Meadows Community College; and
Whereas, Bernice Mathews also became a small business owner, operating a sky cap service and a gift shop at the Reno-Tahoe International Airport with her daughter Aileen; and
Whereas, Bernice Mathews is the proud mother of her children Arnold II, Anthony, Aileen, Barbara, Ruben, Clive and Allen (deceased); and
Whereas, Bernice Mathews was elected to the Reno City Council in 1991 where she was appointed Assistant Mayor, and in November 1994 was elected to the Nevada State Senate representing Washoe County Senatorial District No. 1, a position she held for 16 years, concluding her service in the Senate in November 2010 following 8 regular sessions and 10 special sessions; and
Whereas, During her legislative career, Senator Mathews served in Senate leadership, including Senate Minority Whip in 1999 and Assistant Minority Leader from 2001 through 2008, and in the 2009 Session served as co-chair of the influential Senate Committee on Finance, a committee on which she served for all 16 years of her legislative service; and
Whereas, Senator Mathews served on other standing committees, including those concerned with human resources and facilities, education, legislative affairs and operations, elections and natural resources, and served on numerous policy and study committees during the interim period between sessions, including the Interim Finance Committee and over 20 study committees; and
Whereas, Senator Mathews was the primary sponsor of numerous bills that were enacted and signed into law, including measures concerning public education, facilities for persons with disabilities, books for school libraries, postsecondary education, persons with hearing impairments, meetings of public bodies, insurance for school employees, cancer screening, occupational diseases, police and firefighting personnel, public guardians, domestic abuse, mental health services and motor vehicle insurance; and
Whereas, Some of the numerous honors, awards and accomplishments which Bernice Mathews has received include: Nevada Mother of the Year; Member of the Hall of Fame of the Nevada Womens Fund; Outstanding Alumni from the University of Nevada, Reno, School of Nursing; Business Woman of the Year from the Negro Business and Professional Women; the Outstanding Service Award from the Washoe County Airport Authority; the Deans Award from the University of Nevada, Renos School of Medicine; and the Presidents Medal from Truckee Meadows Community College; now, therefore, be it
Resolved by the Senate of the State of Nevada, That Bernice Mathews, who has dedicated many years of her life to the service of the people of the State of Nevada as a practicing nurse, as a member of the Reno City Council, as an educator and administrator and as a member of the Nevada State Senate for 16 years, is hereby inducted into the Senate Hall of Fame of the Legislature of the State of Nevada.
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κ2013 Statutes of Nevada, Page 3938κ
Assembly Concurrent Resolution No. 5Assemblymen Kirkpatrick; Aizley, Elliot Anderson, Paul Anderson, Benitez-Thompson, Bobzien, Bustamante Adams, Carlton, Carrillo, Cohen, Daly, Diaz, Dondero Loop, Duncan, Eisen, Ellison, Fiore, Flores, Frierson, Grady, Hambrick, Hansen, Hardy, Healey, Hickey, Hogan, Horne, Kirner, Livermore, Martin, Munford, Neal, Ohrenschall, Oscarson, Pierce, Spiegel, Sprinkle, Stewart, Swank, Wheeler and Woodbury
Joint Sponsors: Senators Smith; Atkinson, Brower, Cegavske, Denis, Ford, Goicoechea, Gustavson, Hammond, Hardy, Hutchison, Jones, Kieckhefer, Kihuen, Manendo, Parks, Roberson, Segerblom, Settelmeyer, Spearman and Woodhouse
FILE NUMBER 23
Assembly Concurrent RESOLUTION — Memorializing former Assemblyman John W. Marvel.
Whereas, The State of Nevada lost a true statesman and steadfast public servant on March 16, 2013, and the members of the Nevada Legislature note with sorrow the passing of one of their most highly regarded former colleagues; and
Whereas, John Wyland Marvel was born in Battle Mountain, Nevada, on September 11, 1926, and, after graduating as valedictorian of his class at Battle Mountain High School, served in the United States Armys 19th Infantry Regiment during World War II and was honored for his service with the Asiatic-Pacific Campaign Medal, the Army of Occupation Medal and the World War II Victory Medal; and
Whereas, After earning a bachelor of arts degree at the University of Nevada, Reno, in 1951, Mr. Marvel built a career as business manager of and working cowboy with one of the largest ranching operations in Nevada history, W.T. Jenkins Co., which was founded by his grandfather, and later he acquired and operated the Dunphy Ranch in Eureka County for over two decades; and
Whereas, This native Nevadan remained a loyal advocate for agricultural industries and the interests of this States rural counties after he ran for the Nevada Assembly and was first elected in 1978, serving for 30 years, including 15 regular and 11 special sessions; and
Whereas, Assemblyman Marvel served as an invaluable member and leader of many legislative committees and contributed to forming countless public policies affecting the people of the State of Nevada, though he was proudest of his legislative efforts to support education, to secure funding for the University of Nevada School of Medicine and to reform the prison system, tax structure and water laws of this State; 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 in 2009 was added to the Assembly Wall of Distinction; 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, after his legislative service, served on the Nevada Commission on Ethics; and
κ2013 Statutes of Nevada, Page 3939 (FILE NUMBER 23, ACR 5)κ
the National Public Land Law Review Commission and, after his legislative service, served on the Nevada Commission on Ethics; and
Whereas, Mr. Marvel will be fondly remembered by those who have had the good fortune to work with him as a thoughtful, caring, down-to-earth, responsible man with a great sense of humor, who always thought of others needs first; now, therefore, be it
Resolved by the Assembly of the State of Nevada, the Senate Concurring, That the members of the 77th Session of the Nevada Legislature hereby extend their deepest condolences to former Assemblyman Marvels wife Willie, his children Sharon, John and Michelle, and his brother Thomas; and be it further
Resolved, That the Chief Clerk of the Assembly prepare and transmit a copy of this resolution to Johns wife of more than 60 years, Willie Shidler Marvel.
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Senate Resolution No. 7Senators Denis; Atkinson, Brower, Cegavske, Ford, Goicoechea, Gustavson, Hammond, Hardy, Hutchison, Jones, Kieckhefer, Kihuen, Manendo, Parks, Roberson, Segerblom, Settelmeyer, Smith, Spearman and Woodhouse
FILE NUMBER 24
Senate RESOLUTION — Expressing appreciation to the staff of the Senate for their dedication and outstanding performance during the 77th Legislative Session of the Nevada Legislature.
Whereas, April 21 to 27 is nationally observed as Administrative Professionals Week and, specifically, April 24 is nationally observed as Administrative Professionals Day; and
Whereas, The Nevada Legislature is constitutionally bound to a 120-day calendar, creating a professional environment highly dependent on an efficient and effective staff to assist the members in the performance of their legislative duties on behalf of the residents of the State of Nevada; and
Whereas, The Senates Front Office, Front Desk, Sergeants at Arms, Legislative Assistants, Clerical Services Staff, Proofreaders, Committee Managers, Committee Assistants and Committee Secretaries have performed at a tremendous level during the 2013 Legislative Session, exhibiting the highest standards of professionalism and excellence; and
Whereas, It is altogether fitting and proper that the Senate should recognize this service, on this and every day, as the Senate staff represent the residents of this great State, and all that is good and honorable about Nevadans; now, therefore, be it
Resolved by the Senate of the State of Nevada, That the members of the Senate of the 77th Session of the Nevada Legislature do hereby express their sincere appreciation and commend the exceptional administrative staff of the Senate, which includes Judith Anker-Nissen, Michael Archer, Wayne Archer, Karen Baggett, Martha Barnes, Gwendolyn Barrett, Jennie Bear, Lynn Berry, Stella Blood, Caitlin Brady, Jan Brase, Lauren Brooks, Maureen Brower, Ardyss Canon, Sheri Carlsen, Jackie Cheney, Cindy Clampitt, Ruth Condray, Cynthia Cook, Patricia Devereux, Lona Domenici, Suzanne Efford, Linda Fehr, Sheri Fletcher, Susan Gaither, Laureen Garcia, Linda Gentry, John Griffin, Shelle Grim-Brooks, Lynn Hendricks, Gail Herstead, Joyce Hess, Linda Hiller, Joyce Hinton, Joyce Hollister, Barbara Honey, Sherwood Howard, Thomas Hutton-Potts, Judy Jackson, Diana Jones, Leah Jones, Betty Kaminski, RJ Keetch, Kaci
κ2013 Statutes of Nevada, Page 3940 (FILE NUMBER 24, SR 7)κ
Lona Domenici, Suzanne Efford, Linda Fehr, Sheri Fletcher, Susan Gaither, Laureen Garcia, Linda Gentry, John Griffin, Shelle Grim-Brooks, Lynn Hendricks, Gail Herstead, Joyce Hess, Linda Hiller, Joyce Hinton, Joyce Hollister, Barbara Honey, Sherwood Howard, Thomas Hutton-Potts, Judy Jackson, Diana Jones, Leah Jones, Betty Kaminski, RJ Keetch, Kaci Kerfeld, Rebecca Lawson-Harris, Lydia Lee, Berdine Leuwer, Ilena Madraso, Wynona Majied-Martinez, Lezlie Mayville, Emily McIlveene, Toshiko McIntosh, Janet Meredith, Terri Miller, Leslie Mix, Mary Moak, Julie Mogensen, Arzella Moots, Juliet Newman, Blayne Osborn, Alysia Peters, Jerry Pieretti, Ruth Pierini, Gena Plummer, Jodi Poley, Steve Pozzi, Dee Ramsey, Gayle Rankin, Lora Robb, Sherry Rodriguez, Marion Sandoval, Paula Saponaro, Leslie Sexton, Jerry Stacy, Riley Sutton, Kathleen Swain, Melodie Swan-Fisher, Timothy Taycher, Annette Teixeira, Judy Toscano, Adrian Viesca, Sara Weaver, Norm Wessel, Todd Westergard, Lindsay Wheeler, Michelle White, Susan Whitford and Mike Wiley; and be it further
Resolved, That the Secretary of the Senate prepare and transmit a copy of this resolution to each member of the staff of the Senate.
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Senate Resolution No. 8Senators Denis; Atkinson, Brower, Cegavske, Ford, Goicoechea, Gustavson, Hammond, Hardy, Hutchison, Jones, Kieckhefer, Kihuen, Manendo, Parks, Roberson, Segerblom, Settelmeyer, Smith, Spearman and Woodhouse
FILE NUMBER 25
Senate RESOLUTION — Recognizing former State Senator Wilbur Faiss for his distinguished service to the State of Nevada and his exemplary life achievements.
Whereas, Wilbur Faiss was born in Centralia, Illinois, on October 14, 1911, and his wife Theresa Faiss was born in Clinton County, Illinois, on September 10, 1915; and
Whereas, Theresa was married to Wilbur in 1933, and after 79 years, theirs was perhaps the longest successful marriage not only in Nevada but in the entire United States; and
Whereas, Wilbur and Theresa and their three sons, Robert, Donald and Ronald, arrived in the City of North Las Vegas in 1944 where Wilbur opened a small business and devoted time to his community in many ways, including serving as a volunteer firefighter; and
Whereas, Wilbur became one of the first workers at the Nevada Test Site in the 1950s and later retired as a member of the Teamsters Union on the Las Vegas Strip; and
Whereas, Upon retirement at 65 years of age, Wilbur answered the call of his constituents to become a Democratic candidate for the Nevada State Senate and went on to win that first effort for public office by one of the highest margins in this State; and
Whereas, Wilbur served two distinguished terms in the Nevada Senate from 1976 to 1984, focusing on the areas of working men and women, senior citizens, education, civil rights and the protection of the environment; and
κ2013 Statutes of Nevada, Page 3941 (FILE NUMBER 25, SR 8)κ
Whereas, After 79 devoted years, Wilbur lost his beloved Theresa in November 2012, but their sons, Robert, Donald and Ronald, have gone on to follow the outstanding examples set by both of their parents and are exceedingly accomplished in their professions and highly respected throughout the State of Nevada; and
Whereas, Wilburs proudest legacy is the Wilbur and Theresa Faiss Middle School in Las Vegas and, in his address to the students on the eve of his 100th birthday, Wilbur inspired them by stating, The students who did their best to attend class usually were the best students; those who were better students did better in life; those who always told the truth, who obeyed the rules and who always were fair and considerate in dealing with others became better citizens; and those who worked hard in school and worked hard in their jobs became more successful; and
Whereas, Wilburs most important advice is to maintain a willingness to compromise, whether it is in life, politics or marriage — after all, Wilbur is a lifelong Democrat and Theresa was a Republican; now, therefore, be it
Resolved by the Senate of the State of Nevada, That Wilbur Faiss, who, at 101 years of age, has dedicated many years of his life to the service of the people of the State of Nevada, as a loving husband, father, grandfather and friend, a small business owner and a member of the Nevada Senate for 8 years, is hereby recognized by the Senate of the State of Nevada.
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Assembly Resolution No. 10Committee on Legislative Operations and Elections
FILE NUMBER 26
Assembly RESOLUTION — Providing for the appointment of additional attaches for the Assembly.
Resolved by the Assembly of the State of Nevada, That Ashlynd Baker and Diane Keetch are elected as additional attaches of the Assembly for the 77th Session of the Nevada Legislature.
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κ2013 Statutes of Nevada, Page 3942κ
Assembly Resolution No. 11Assemblymen Kirkpatrick; Aizley, Elliot Anderson, Paul Anderson, Benitez-Thompson, Bobzien, Bustamante Adams, Carlton, Carrillo, Cohen, Daly, Diaz, Dondero Loop, Duncan, Eisen, Ellison, Fiore, Flores, Frierson, Grady, Hambrick, Hansen, Hardy, Healey, Hickey, Hogan, Horne, Kirner, Livermore, Martin, Munford, Neal, Ohrenschall, Oscarson, Pierce, Spiegel, Sprinkle, Stewart, Swank, Thompson, Wheeler and Woodbury
FILE NUMBER 27
Assembly RESOLUTION — Expressing appreciation to the Chief Clerk and staff of the Assembly for their dedication and exceptional performance during the 77th Session of the Nevada Legislature.
Whereas, Each biennium the Nevada Legislature convenes to address the challenging issues faced by this State; and
Whereas, With a constitutionally mandated 120-day limitation on the length of the legislative session, it is critical that the legislative session proceed in an effective and efficient manner; and
Whereas, This daunting task requires a dedicated and talented staff which is capable of performing a multitude of functions and responding promptly to the different challenges that arise during the legislative session; and
Whereas, The Assembly Front Desk Staff, Sergeant at Arms and his staff, Personal Attaches, Committee Services Staff, Administrative Services Staff and other attaches of the Assembly have worked diligently and efficiently in providing exceptional service to the members of the Assembly; and
Whereas, The extraordinary people who have chosen to work with the Assembly during the 77th Session of the Nevada Legislature have carried out their duties on behalf of the residents of the State of Nevada with a professional attitude and tireless resolve; and
Whereas, Their herculean efforts earlier this week enabled the Assembly to coast to a smooth finish on the first House passage deadline, a day that is typically one of the more arduous deadlines of the legislative session; now therefore, be it
Resolved by the Assembly of the State of Nevada, That the members of the Assembly of the 77th Session of the Nevada Legislature do hereby express their sincere appreciation and commend the Chief Clerk and outstanding support staff of the Assembly, which includes Matthew Baker, Lucinda Benjamin, McCall Miller, Christie Peters, Jason P. Hataway, Carol Aiello-Sala, Robin L. Bates, Sharon P. Murphy, Norman Budden, Dennis Humphrey, Linda Marrone, Mary A. Matheus, Steven J. Sweeney, Debra Williams, Marge Griffin, Patricia A. Manning, Jasmine Shackley, Sally Stoner, Carolyn Maynick, Jenny McMenomy, Erin Smith, Tina Mims Frias, Brittany Shipp, Matthew Walker, Jean Kvam, Denise Larsen, Nichole Bailey, Jeanne Peyton, Judy Molnar, Sheri Bashaw, Jessica Nitti, Janet F. Stokes, Sylvia Dominguez-Curry, Juan Ortega, Mary Bean, Sara Menke, Linda Law, Sylvia Brown, Judi Bishop, Andrew Diss, Harle Glover, Pat Hutson, Mary Lee, Mary Merry, Cinthia Zermeno, Mistia Zuckerman, Bonnie Borda Hoffecker, Leslie Danihel, Gariety Pruitt, Patti Adams, Connie Davis, Linda Blevins, Anne Bowen, Nate Helton, Sherie Silva, Carol J.
κ2013 Statutes of Nevada, Page 3943 (FILE NUMBER 27, AR 11)κ
Davis, Linda Blevins, Anne Bowen, Nate Helton, Sherie Silva, Carol J. Thomsen, Janice Wright, Cynthia Wyett, Ted Zuend, John Budden, Jennifer Dalton, Janel Davis, Nancy Davis, James Fonda, Dianne Harvey, Gina Hall, Theresa Horgan, Julie Kellen, Jacqueline Lethbridge, Sharon McCallen, Lori McCleary, Earlene Miller, Karen Pugh, Thelma Reindollar, Maysha Watson, Karyn Werner, Linda Whimple, Lynson Beaulieu, Michael Cabrera, Patti Flasch, Jaunice Franzen, Anni Glogovac, Patricia Hartman, Verdene Johnson, Diane Keetch, Deanna Lazovich, Gregory Martin, Marilyn McElhany, Barbara Mickle, Kelly Osborne, Jenny Polek, Sheree L. Rosevear, Paula Rudolph, Christina Salerno, Jennifer Scaffidi, Cindy Southerland, Susan Sutton, Jackie Valley, Robin Valentine-Kindred, Cindie Kusko, Olivia M. Lloyd, Sean OCallaghan, Ashlynd Baker, Colter Thomas, Cheryl Williams, Macy Young, Karel Ancona-Henry, Taylor Herrick, Diane Hudson, David E. Moore, Marcia Peterson, Elizabeth Saenz, Susan Schmid, Sonja Strom and Deanna Keirstead; and be it further
Resolved, That the Chief Clerk of the Assembly prepare and transmit a copy of this resolution to each member of the staff of the Assembly.
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Assembly Concurrent Resolution No. 6Assemblymen Kirkpatrick; Aizley, Elliot Anderson, Paul Anderson, Benitez-Thompson, Bobzien, Bustamante Adams, Carlton, Carrillo, Cohen, Daly, Diaz, Dondero Loop, Duncan, Eisen, Ellison, Fiore, Flores, Frierson, Grady, Hambrick, Hansen, Hardy, Healey, Hickey, Hogan, Horne, Kirner, Livermore, Martin, Munford, Neal, Ohrenschall, Oscarson, Pierce, Spiegel, Sprinkle, Stewart, Swank, Thompson, Wheeler and Woodbury
Joint Sponsors: Senators Denis; Atkinson, Brower, Cegavske, Ford, Goicoechea, Gustavson, Hammond, Hardy, Hutchison, Jones, Kieckhefer, Kihuen, Manendo, Parks, Roberson, Segerblom, Settelmeyer, Smith, Spearman and Woodhouse
FILE NUMBER 28
Assembly Concurrent RESOLUTION — Expressing appreciation to the staff of the Legislative Counsel Bureau.
Whereas, The dedicated work of the staff of the Legislative Counsel Bureau is readily apparent upon entering the Legislative Building where the fastidiously clean and maintained surroundings welcome visitors throughout the year; and
Whereas, Without the outstanding service and continued cooperation of the staff of the Legislative Counsel Bureau, the Legislature could not function or fulfill its obligations to the people of the State of Nevada; and
Whereas, The goal of the Legislative Counsel Bureau is to continue to meet the ever-increasing challenges of providing nonpartisan, centralized services to members of both Houses of the Legislature and their constituents in the most efficient, professional manner possible; and
κ2013 Statutes of Nevada, Page 3944 (FILE NUMBER 28, ACR 6)κ
Whereas, Through the years, the Legislative Counsel Bureau has evolved into an organization of public servants who provide a full range of services for the peoples branch of government; and
Whereas, In the Administrative Division of the Legislative Counsel Bureau, the staff of Information Technology Services and Broadcast and Production Services maintain and improve technology for the legislative process, the staff of the Buildings Unit, the Grounds Unit and the Janitorial Unit prepare and meticulously maintain the building and its grounds as a showplace in Carson City, and the staff of the Accounting Unit, the General Services Unit, the Legislative Police, the Las Vegas Office and the Directors Office, and the session staff in the message center, the bill mail room and the lobbyist registration center keep the Legislature functioning smoothly; and
Whereas, The Legislative Auditor and staff of the Audit Division provide the Legislature with independent and reliable information about the operations of state agencies, programs, activities and functions by conducting high quality performance audits to promote accountability in State Government, and by overseeing the annual single audit of State Government to ensure continued funding of federal programs; and
Whereas, The Senate and Assembly Fiscal Analysts and the staff of the Fiscal Analysis Division review the Governors Executive Budget and related bills and amendments while maintaining their usual accuracy and efficiency, obtain and review fiscal notes, provide expenditure and revenue analyses, provide staff support for the Senate Committee on Revenue and Economic Development and the Assembly Committee on Taxation, and respond to the Legislators requests for information concerning budgets and taxation; and
Whereas, The Legislative Counsel and the staff of the Legal Division, including the State Printing Office, Publications and the Gift Shop, draft bills and amendments and produce reprints with meticulous attention to detail, while staffing standing committees and providing legal advice on the usual wide range of issues to the Legislature and its staff, and print letterhead, business cards, and bills and resolutions and publish Nevada Revised Statutes and other legislative publications; and
Whereas, The Research Director and the staff of the Research Division, including the Research Library and Constituent Services Unit, provide research and analysis of current and proposed public programs and policies, furnish thorough and prompt background information for use in committees and on the floor of each House of the Legislature, aid committee chairs by providing administrative and technical assistance in the hearing and processing of bills to meet the rigorous scheduling demands of the legislative session, and respond to an increased number of Legislator and constituent requests in a timely, efficient and thorough manner; and
Whereas, During legislative sessions, the staff of the Legislative Counsel Bureau provide services eagerly and professionally, regardless of the time of day or number of hours required, and willingly sacrifice time with family and loved ones to ensure that legislative business can be completed in a timely and efficient manner; now, therefore be it
Resolved by the Assembly of the State of Nevada, the Senate Concurring, That the members of the Assembly and the Senate of the 77th Legislative Session do hereby express their sincere appreciation and commend the outstanding staff of the Legislative Counsel Bureau; and be it further
κ2013 Statutes of Nevada, Page 3945 (FILE NUMBER 28, ACR 6)κ
Resolved, That the Chief Clerk of the Assembly prepare and transmit a copy of this resolution to Rick Combs, Director of the Legislative Counsel Bureau.
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Senate Joint Resolution No. 15Senators Denis, Smith, Roberson, Kieckhefer, Kihuen; Atkinson, Ford, Jones, Manendo, Parks, Segerblom, Spearman and Woodhouse
Joint Sponsors: Assemblymen Diaz, Carrillo, Frierson, Spiegel, Horne; Benitez-Thompson, Bustamante Adams, Cohen, Flores, Kirkpatrick and Neal
FILE NUMBER 29
Senate Joint RESOLUTION — Urging Congress to enact comprehensive immigration reform.
Whereas, The United States is predominantly a nation of immigrants that draws strength from the diversity of its residents; and
Whereas, Hardworking persons who aspire to become citizens of the United States have contributed to the prosperity of the State of Nevada in extraordinary ways through the years; and
Whereas, The operation of a strong and vibrant democracy is likely to be impeded unless all men and women, regardless of their race, creed, color, ethnicity or birthplace, are able to participate meaningfully in the political process with full rights and the equal protection attendant thereto; and
Whereas, We believe in the human dignity of all residents of the United States, regardless of their immigration status, and recognize the importance of the many contributions that immigrants have made to the social and economic fabric of Nevada; and
Whereas, A comprehensive approach to fixing our broken immigration system would strengthen the economy of our State and our nation, and would free aspiring citizens to make even greater contributions to our communities, our State and our nation; and
Whereas, We support immigration reform that keeps families together, upholds our values as a nation, promotes economic growth and provides long-term solutions to the current problems resulting from our immigration system; and
Whereas, Comprehensive immigration reform must include a significant reduction in the often unreasonable wait times and arbitrary rules that keep families separated from their loved ones; and
Whereas, Comprehensive immigration reform must include a realistic pathway to citizenship for all hardworking and taxpaying aspiring citizens who live in this country and meet reasonable requirements; and
Whereas, Comprehensive immigration reform must provide a mechanism for aspiring citizens who have grown up in this country to become citizens and be better able to fully contribute to our joint future; and
Whereas, The reform of our nations immigration system must occur in a thoughtful manner which builds the strength and unity of working people, and guarantees the same rights, obligations and basic fairness for all workers, no matter their country of birth or origin; and
κ2013 Statutes of Nevada, Page 3946 (FILE NUMBER 29, SJR 15)κ
and guarantees the same rights, obligations and basic fairness for all workers, no matter their country of birth or origin; and
Whereas, Comprehensive immigration reform must include a new temporary worker program that provides for strict compliance with the labor standards and wage and hour requirements of the United States, portability of work visas so that workers may change jobs and the ability of workers to petition for permanent residency; and
Whereas, The enforcement provisions which accompany comprehensive immigration reform must restore respect for the law by promoting strict adherence to our nations values, including due process, civil and human rights, accountability and proportionality; and
Whereas, The focus of law enforcement, both within and at the borders of the United States, should be to prevent criminals, and those persons attempting to enter the country for the purpose of doing harm to this nation, from entering or remaining in the United States; and
Whereas, Comprehensive immigration reform must include a funding stream to address the entire spectrum of fiscal impacts that will be experienced by state governments as a result of programs for guest workers, earned legalization and increases in the number of immigrants; and
Whereas, Our federal elected officials must create an immigration process that strengthens our nations economy and allows aspiring citizens to continue making contributions to our communities, our State and our nation; now, therefore, be it
Resolved by the Senate and Assembly of the State of Nevada, Jointly, That the members of the 77th Session of the Nevada Legislature hereby urge Congress to enact comprehensive immigration reform as outlined in this resolution which addresses: (1) earned legal residency accompanied by a clear path to citizenship; (2) the future immigration of families and workers; (3) improved immigration enforcement and border security that is consistent with our nations values; and (4) a funding stream to address the entire fiscal impacts on state governments; 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 as the presiding officer of the United States Senate, the Speaker of the House of Representatives and each member of the Nevada Congressional Delegation; and be it further
Resolved, That this resolution becomes effective upon passage.
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κ2013 Statutes of Nevada, Page 3947κ
Senate Concurrent Resolution No. 7Senators Denis and Roberson
Joint Sponsors: Assemblymen Kirkpatrick, Hickey and Horne
FILE NUMBER 30
Senate Concurrent RESOLUTION — Expressing the determination of the Nevada Legislature that Nevada is the optimal location for unmanned aircraft system development and testing.
Whereas, The State of Nevada has a long and distinguished history of directly contributing to the national security and defense of the United States of America; and
Whereas, This State is indebted to the dedicated and selfless men and women assigned to Fallon Naval Air Station, Creech Air Force Base, Nellis Air Force Base and auxiliary fields, and the Reserve and National Guard units across the State; and
Whereas, The State of Nevadas military operations have attracted the aerospace, defense and national security industry to Nevada, and have led to increased technological advances and important supporting relationships with our universities, research laboratories and technical colleges; and
Whereas, National security and defense sectors are increasingly important to Nevadas economy, as they provide and support approximately 190,000 jobs and generate more than $18 billion in revenue; and
Whereas, The aforesaid economic impact of military operations would not have been possible without the past and continuing congressional, state and local support; and
Whereas, Our military investments, military expertise, technically trained workforce and geographic and climatic diversity have positioned the State of Nevada well to retain its military operations and compete for next-generation technology projects; and
Whereas, Remotely piloted aircraft, cyberspace and intelligence, surveillance and reconnaissance mission areas will be high-priority areas of defense and national security budgets; now, therefore, be it
Resolved by the Senate of the State of Nevada, the Assembly Concurring, That the members of the 77th Session of the Nevada Legislature hereby endorse the promotion of efforts to support the establishment of Nevada as the Silicon Valley of unmanned aircraft systems education, testing, research and manufacture; and be it further
Resolved, That:
1. As military spending continues to be downsized in the foreseeable future, the State of Nevada must look to find ways to sustain and expand its direct support of the national security and defense sectors;
2. This State should specifically leverage its Congressional and State Leadership, current military expertise, technical workforce, geographical, climate diversity and vast aerospace to provide a concerted effort to aggressively pursue the high-priority requirements of the United States Department of Defense and the Federal Aviation Administration;
3. The State of Nevada must compete to be selected as one or more of the six national test ranges under the 2012 National Defense Authorization Act that directs the Federal Aviation Administration in coordination with the United States Department of Defense, and the National Aeronautics and Space Administration to determine how to safely operate unmanned aircraft systems in shared national airspace; and
κ2013 Statutes of Nevada, Page 3948 (FILE NUMBER 30, SCR 7)κ
and Space Administration to determine how to safely operate unmanned aircraft systems in shared national airspace; and
4. The creation of these test ranges will mark the first step in what will undoubtedly be a long-range process, leading to a common-day occurrence in which manned and unmanned aircraft fly safely and seamlessly together in the national airspace; and be it further
Resolved, That Nevada is an optimal location for unmanned aircraft system development and testing, and would be honored to be one of the sites selected for such testing and development.
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Assembly Resolution No. 12Committee on Legislative Operations and Elections
FILE NUMBER 31
Assembly RESOLUTION — Providing for the appointment of an additional attache for the Assembly.
Resolved by the Assembly of the State of Nevada, That Jennifer Osheroff is elected as an additional attache of the Assembly for the 77th Session of the Nevada Legislature.
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Senate Joint Resolution No. 5Senators Woodhouse, Denis, Kihuen, Smith, Parks; Atkinson, Ford, Hutchison, Jones, Kieckhefer, Manendo, Roberson, Segerblom and Spearman
FILE NUMBER 32
Senate Joint RESOLUTION — Urging Congress to pass the Marketplace Fairness Act.
Whereas, In the case of National Bellas Hess, Inc. v. Department of Revenue, 386 U.S. 753 (1967), the United States Supreme Court held, in relevant part, that Congress alone has the power to regulate and control the taxation of commerce which is conducted between a business that is located within one state, and a customer who is located in another state and who communicates with and purchases from the business using only remote means; and
Whereas, The United States Supreme Court established in Quill Corp. v. North Dakota, 504 U.S. 298 (1992), that a state government cannot, of its own accord, require out-of-state retailers to collect sales tax on sales within the state; and
Whereas, The United States Supreme Court also announced in Quill that Congress could exercise its authority under the Commerce Clause of the United States Constitution to decide whether, when and to what extent the states may require collection of sales tax on remote sales; and
Whereas, The State of Nevada and municipalities within this State receive significant operating revenue from sales taxes collected by brick-and-mortar businesses and online vendors with a nexus to the State and from use taxes on purchases made online through vendors without a brick-and-mortar location in the State; and
κ2013 Statutes of Nevada, Page 3949 (FILE NUMBER 32, SJR 5)κ
brick-and-mortar businesses and online vendors with a nexus to the State and from use taxes on purchases made online through vendors without a brick-and-mortar location in the State; and
Whereas, Remittance of use taxes not collected by a vendor from online purchases puts an undue burden and widely unknown obligation on consumers; and
Whereas, The unequal taxation schemes as between online and traditional retailers create a disadvantage for Nevada-based retailers, who are rooted and invested in the Nevada community and employ residents of this State; and
Whereas, The tax collection loophole for online retailers deprives local governments of revenue that could be used to fund necessities such as schools, police and fire departments, and other important infrastructure; and
Whereas, The Marketplace Fairness Act, S. 336, 113th Cong. (2013), and H.R. 684, 113th Cong. (2013), proposes to provide states with the authority to require out-of-state retailers, such as online and catalog retailers, to collect and remit sales tax on purchases shipped into the state; and
Whereas, The State of Nevada has enacted the Simplified Sales and Use Tax Administration Act, chapter 360B of NRS, which is in compliance with the Marketplace Fairness Act, S. 336, 113th Cong. § 2 (2013) and H.R. 684, 113th Cong. § 2 (2013); now, therefore, be it
Resolved by the Senate and Assembly of the State of Nevada, Jointly, That the members of the 77th Session of the Nevada Legislature urge Congress to pass the Marketplace Fairness Act without delay; and be it further
Resolved, That the Secretary of the Senate prepare and transmit a copy of this resolution to the Vice President of the United States as the presiding officer of the United States Senate, the Speaker of the House of Representatives, each member of the Nevada Congressional Delegation and the Executive Director of the Department of Taxation; and be it further
Resolved, That this resolution becomes effective upon passage.
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Assembly Concurrent Resolution No. 3Committee on Natural Resources, Agriculture, and Mining
FILE NUMBER 33
ASSEMBLY CONCURRENT RESOLUTION — Expressing support for the educational programs and partnerships of the International Environmental Youth Campaign of the Americas Schools Program.
Whereas, The mission of the International Environmental Youth Campaign of the Americas Schools Program is to help fund environmental education programs in the K-12 schools in this State and across the United States through the establishment of partnerships with businesses, organizations and institutions which support the development and distribution of a curriculum of environmental education; and
Whereas, In furtherance of its mission, the International Environmental Youth Campaign of the Americas Schools Program has created an educational curriculum to increase the awareness and understanding of students concerning critical environmental issues, to promote the environmental responsibility of those students and to motivate those students to take action at home, at school and in their community; and
κ2013 Statutes of Nevada, Page 3950 (FILE NUMBER 33, ACR 3)κ
students concerning critical environmental issues, to promote the environmental responsibility of those students and to motivate those students to take action at home, at school and in their community; and
Whereas, The International Environmental Youth Campaign of the Americas Schools Program also seeks to educate this nations youth concerning the personal actions, public policy initiatives and available technologies which may reduce the negative effects of human activities on the environment and which may protect wildlife and the health of humans now and in the future; and
Whereas, The International Environmental Youth Campaign of the Americas Schools Program provides information and methods to this nations youth to allow them to be agents for environmental protection and to progress through various activities, including, without limitation, participation in annual state and national environmental youth summits, selection as environmental youth ambassadors from each participating state for domestic and overseas student exchange programs and engaging in research, creative design and writing contests that reward learning and promote responsible actions concerning the environment; and
Whereas, The educational programs of the International Environmental Youth Campaign of the Americas Schools Program provide knowledge and skills to students to assist those students in becoming more responsible citizens who have an increased ability to engage in communication and take action concerning environmental issues; and
Whereas, In addition to its mission, the goal of the educational programs of the International Environmental Youth Campaign of the Americas Schools Program is to teach the youth in this State and across the United States about environmental conservation and sustainability; and
Whereas, The recycling of plastics is a critical component of environmental conservation and sustainability; and
Whereas, The International Environmental Youth Campaign of the Americas Schools Program partners with leading recycling companies that have the technology to recycle plastic waste and create environmentally safe and useful products; and
Whereas, The International Environmental Youth Campaign of the Americas Schools Program recognizes the potential of its partners to increase greatly the recycling of plastic waste in this State and across the United States; and
Whereas, The businesses, organizations and institutions that partner with the International Environmental Youth Campaign of the Americas Schools Program recognize the value and importance of educating this nations youth concerning the environment and, through those partnerships, support the International Environmental Youth Campaign of the Americas School Program and its educational programs and activities in this State and across the United States; now, therefore, be it
Resolved by the Assembly of the State of Nevada, the Senate Concurring, That the members of the 77th Session of the Nevada Legislature express their support for the International Environmental Youth Campaign of the Americas Schools Program in its efforts to develop and fund environmental education programs in K-12 schools in this State and across the United States through the establishment of partnerships with businesses, organizations and institutions; and be it further
κ2013 Statutes of Nevada, Page 3951 (FILE NUMBER 33, ACR 3)κ
Resolved, That the Nevada Legislature urges the International Environmental Youth Campaign of the Americas Schools Program and its partners to continue their efforts to educate and inspire this nations youth with respect to environmental issues and personal environmental responsibility; and be it further
Resolved, That the Chief Clerk of the Assembly prepare and transmit a copy of this resolution to each member of the Nevada Congressional Delegation, the Governor of the State of Nevada, the Superintendent of Public Instruction and each member of the State Board of Education.
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Senate Concurrent Resolution No. 4Committee on Health and Human Services
FILE NUMBER 34
SENATE Concurrent RESOLUTION — Encouraging the Department of Health and Human Services and the Commissioner of Insurance to work with health care providers and insurers to develop a patient-centered medical home model of care and adopt payment models that allow for its implementation.
Whereas, The Agency for Healthcare Research and Quality of the United States Department of Health and Human Services defines a medical home as a model of the organization of primary care that delivers the core functions of primary health care in a way which emphasizes comprehensive care, a patient-centered approach, coordination of care, accessible services and improvement of quality and safety; and
Whereas, The National Conference of State Legislatures reports that the patient-centered medical home model aims to improve access to care, increase care coordination and enhance overall quality while simultaneously reducing costs by relying upon a team of health care providers to meet a patients health care needs through the integration of all aspects of health care; and
Whereas, The Patient-Centered Primary Care Collaborative published a report on November 16, 2010, entitled Outcomes of Implementing Patient Centered Medical Home Interventions: A Review of the Evidence from Prospective Evaluation Studies in the United States, which found that patient-centered medical home models of care provided a significant reduction in costs, the number of inpatient hospital days and the number of emergency room visits for both Medicaid-sponsored and private payer-sponsored implementations of the patient-centered medical home model as well as for implementations of the patient-centered medical home model by integrated delivery systems; and
Whereas, The Nevada Academy of Family Physicians urges the development of a patient-centered medical home model and the adoption of payment models that allow for the implementation of a patient-centered medical home model of care to improve the health of the citizens of this State; now, therefore, be it
Resolved by the Senate of the State of Nevada, the Assembly Concurring, That the members of the 77th Session of the Nevada Legislature hereby encourage the Department of Health and Human Services and the Commissioner of Insurance to work with health care providers and insurers to develop a patient-centered medical home model of care and to adopt payment models that allow for the implementation of this model of care in this State; and be it further
κ2013 Statutes of Nevada, Page 3952 (FILE NUMBER 34, SCR 4)κ
Legislature hereby encourage the Department of Health and Human Services and the Commissioner of Insurance to work with health care providers and insurers to develop a patient-centered medical home model of care and to adopt payment models that allow for the implementation of this model of care in this State; and be it further
Resolved, That the Secretary of the Senate prepare and transmit a copy of this resolution to the Director of the Department of Health and Human Services, the Commissioner of Insurance and the Nevada Academy of Family Physicians.
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Assembly Joint Resolution No. 4Committee on Natural Resources, Agriculture, and Mining
FILE NUMBER 35
ASSEMBLY Joint RESOLUTION — Urging the Bureau of Land Management and the United States Forest Service to assist the State of Nevada with the prevention and suppression of wildfires and repeat wildfires in this State.
Whereas, The State of Nevada is one of the states that is greatly affected by wildfires; and
Whereas, The wildfires in Nevada have burned vast areas of this State, including numerous acres of rangeland and forest located on public lands managed and controlled by the Bureau of Land Management and the United States Forest Service; and
Whereas, The growth of an invasive, nonnative annual grass known as cheatgrass has been a significant contributing factor to the increased extent and frequency of wildfires in this State; and
Whereas, Frequent wildfires and the increased presence of cheatgrass have degraded the ecosystem in this State by inhibiting the establishment of native plant species and increasing the highly volatile fuel load of the nonnative cheatgrass, which substantially increases the chance of a repeat wildfire in the same area; and
Whereas, A repeat wildfire in the same area is often more devastating to the ecosystem of the rangeland than the first wildfire; and
Whereas, In addition to burning rangeland and forest which support multiple uses, the frequent wildfires have damaged wildlife habitats, including the habitat of the sage grouse, a bird whose populations have been declining for years, and have caused a rise in the costs associated with wildfire suppression and the rehabilitation of those public lands affected by the wildfires and repeat wildfires; and
Whereas, In a 1,700-acre study conducted by researchers at the University of Nevada, Reno, late-season livestock grazing was shown to reduce the amount of cheatgrass, which could fuel a fire, from 500 pounds per acre to 25 pounds per acre; and
Whereas, Among other options to decrease the extent and frequency of wildfires occurring in Nevada, the Bureau of Land Management and the United States Forest Service should partner with local agencies and other interested parties and may consider partnering with the livestock industry to determine whether the timing and intensity of increased livestock grazing based on the actual condition of the rangeland and the cheatgrass fuel load would reduce the frequency of wildfires and repeat wildfires and enhance the overall condition of the rangeland and forest located on public lands in this State; now, therefore, be it
κ2013 Statutes of Nevada, Page 3953 (FILE NUMBER 35, AJR 4)κ
determine whether the timing and intensity of increased livestock grazing based on the actual condition of the rangeland and the cheatgrass fuel load would reduce the frequency of wildfires and repeat wildfires and enhance the overall condition of the rangeland and forest located on public lands in this State; now, therefore, be it
Resolved by the Assembly and Senate of the State of Nevada, Jointly, That the members of the 77th Session of the Nevada Legislature hereby urge the Bureau of Land Management and the United States Forest Service to assist the State of Nevada with the prevention and suppression of wildfires and repeat wildfires in this State; and be it further
Resolved, That the Chief Clerk of the Assembly prepare and transmit a copy of this resolution to the Director of the Bureau of Land Management, the Chief of the United States Forest Service and the President of the Nevada Cattlemens Association; and be it further
Resolved, That this resolution becomes effective upon passage.
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Assembly Joint Resolution No. 5Committee on Natural Resources, Agriculture, and Mining
FILE NUMBER 36
assembly Joint RESOLUTION — Urging Congress to take certain actions concerning federal public lands in Nevada.
Whereas, The Federal Government manages and controls over 85 percent of the land in Nevada; and
Whereas, Nevada has an abundance of natural resources, including vast areas of land suitable for raising livestock and for conservation and general recreational use, large deposits of gold, silver, copper and other minerals, and plentiful renewable resources, including, without limitation, sun, wind and geothermal resources that may be used to generate electricity; and
Whereas, Many of those renewable resources are located on public lands managed and controlled by the Federal Government; and
Whereas, Activities that occur on those public lands increase the demand for services provided by the State of Nevada and local governments in Nevada; and
Whereas, The State of Nevada and local governments in Nevada are limited in their ability to collect taxes or other fees from the Federal Government or from the users of public lands to fund services provided by the State and local governments; and
Whereas, The Federal Government receives revenue from the licensing and permitting of activities that occur on those public lands, including mining, grazing livestock, general recreational use and generating electricity from renewable resources; and
Whereas, In recent years, efforts have been made to curtail the practice by the Federal Government of sharing a portion of that revenue with the State of Nevada and local governments, including curtailing the practice of sharing with the counties a portion of the revenue derived from the lease of public lands and royalties from the generation of electricity from geothermal resources; and
κ2013 Statutes of Nevada, Page 3954 (FILE NUMBER 36, AJR 5)κ
Whereas, Recent legislation introduced in the 111th and 112th United States Congress would have, if enacted, required the Secretary of the Interior to establish a leasing program for wind and solar energy development on federal public lands; and
Whereas, Such legislation would also have required the sharing of a portion of the revenue from the competitive leasing program with the counties from which the revenue is derived, thereby creating a beneficial and meaningful role for counties in Nevada; and
Whereas, The members of the 113th Congress are now considering the budget submitted by the United States Department of the Interior for federal Fiscal Year 2014, and its possible effects on the counties share of royalties derived from the generation of electricity from geothermal resources; now, therefore, be it
Resolved by the Assembly and Senate of the State of Nevada, Jointly, That the members of the 77th Session of the Nevada Legislature hereby urge Congress:
1. To ensure that the public lands in Nevada that are managed and controlled by the Federal Government remain open and accessible to multiple uses, such as raising livestock, mining, conservation, general recreational use and the use of renewable resources, including, without limitation, sun, wind and geothermal resources that may be used to generate electricity; and
2. To enact legislation ensuring that the State of Nevada and the affected local governments in Nevada receive a portion of the revenue received by the Federal Government for activities conducted on the federal public lands in Nevada and ensuring that such sharing includes, without limitation, the continuation of federal laws and policies whereby local governments receive appropriate rents and royalties for activities which generate electricity from geothermal resources; and be it further
Resolved, That the Chief Clerk of the Assembly prepare and transmit a copy of this resolution to the Vice President of the United States as the presiding officer of the United States Senate, the Speaker of the House of Representatives and each member of the Nevada Congressional Delegation; and be it further
Resolved, That this resolution becomes effective upon passage.
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κ2013 Statutes of Nevada, Page 3955κ
Assembly Joint Resolution No. 7Assemblymen Swank, Elliot Anderson, Carrillo, Frierson, Hambrick; Aizley, Bobzien, Cohen, Eisen, Hogan, Martin, Oscarson, Pierce, Spiegel and Wheeler
Joint Sponsors: Senators Segerblom, Manendo, Jones, Spearman, Parks; Hutchison and Smith
FILE NUMBER 37
Assembly Joint RESOLUTION — Urging the National Park Service of the United States Department of the Interior to recognize the importance of mid-20th century architecture in Nevada and urging the Governor to proclaim May 20, 2014, as the day to acknowledge and celebrate mid-20th century architecture in Nevada.
Whereas, In 1972, authors Robert Venturi, Denise Scott Brown and Steven Izenour published an important, internationally embraced benchmark of scholarship on mid-20th century architecture entitled Learning from Las Vegas, which was revised in 1977 and described the pivotal role Nevada played in shaping the nations architectural design of the mid-20th century; and
Whereas, Nevada has many examples of mid-20th century architecture which are listed in the National Register of Historic Places, including the Fleischmann Atmospherium Planetarium and the Pioneer Theater-Auditorium, located in Reno, Nevada, and the Morelli House, the John S. Park Historic District and the Berkley Square neighborhood, located in Las Vegas, Nevada; and
Whereas, The Welcome to Fabulous Las Vegas sign is widely recognized throughout the world as an important icon and is listed in the National Register of Historic Places; and
Whereas, The Las Vegas Strip is internationally famous as a mid-20th century architectural resource and has been designated as an All-American Road by the United States Department of Transportation; and
Whereas, The former Nevada Test Site has been cited as an important historic resource by the Cold War Advisory Committee for the Cold War Theme Study and has potential to open a new chapter in Nevadas important contributions to mid-20th century architectural history; and
Whereas, The La Concha Motel Lobby at the Neon Museum has been listed in the City of Las Vegas Historic Property Register and has been cited as one of the few remaining examples of classic mid-20th century architecture in Las Vegas, Nevada; and
Whereas, In 2014, Nevada will celebrate its 150th anniversary of statehood, which provides a time to reflect on the entire span of Nevadas history, including the more recent architectural contributions of Nevada to the nation; now, therefore, be it
Resolved by the Assembly and Senate of the State of Nevada, Jointly, That the members of the 77th Session of the Nevada Legislature hereby urge the National Park Service of the United States Department of the Interior to recognize the importance of mid-20th century architecture in Nevada and to provide all available assistance in listing in the National Register of Historic Places all significant examples of such architecture located in Nevada; and be it further
κ2013 Statutes of Nevada, Page 3956 (FILE NUMBER 37, AJR 7)κ
Resolved, That the Governor is hereby urged to proclaim May 20, 2014, as the day to acknowledge and celebrate the important examples of mid-20th century architecture in Nevada; and be it further
Resolved, That the Chief Clerk of the Assembly prepare and transmit a copy of this resolution to the Secretary of the United States Department of the Interior, the Director of the National Park Service, the Governor and each member of the Nevada Congressional Delegation; and be it further
Resolved, That this resolution becomes effective upon passage.
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Senate Joint Resolution No. 14Committee on Natural Resources
FILE NUMBER 38
Senate Joint RESOLUTION — Urging Congress to enact the Lyon County Economic Development and Conservation Act.
Whereas, The Lyon County Economic Development and Conservation Act, H.R. 696, was recently introduced in the 113th Congress; and
Whereas, The intent of this proposed legislation is to promote the preservation of wilderness and develop a sustainable development plan to enable all persons to benefit from the use of land adjacent to the City of Yerington for potential commercial and industrial development, mining activities, recreational opportunities and expansion of community and cultural events; and
Whereas, The provisions of the Lyon County Economic Development and Conservation Act propose to convey federal land to the City of Yerington for the purposes of sustainable economic and industrial development; and
Whereas, Commercial and industrial development of the federal land would enable the community to benefit from the transportation, power and water infrastructure that would be put in place with the concurrent development of commercial and industrial operations; and
Whereas, The federal land proposed for conveyance to the City under the Lyon County Economic Development and Conservation Act is adjacent to the boundaries of the City and would be used to enhance recreational, cultural, commercial and industrial development opportunities in the City; and
Whereas, The provisions of the Lyon County Economic Development and Conservation Act propose to designate federal land as wilderness and as a component of the National Wilderness Preservation System, to be known as the Wovoka Wilderness; and
Whereas, The proposed Wovoka Wilderness is named in honor of the Northern Paiute spiritual leader and founder of the Ghost Dance, and contains landscapes and wildlife habitat that have been enjoyed by hunters, outdoor enthusiasts and explorers since John C. Fremont camped along the East Walker River in 1844; and
Whereas, The Lyon County Economic Development and Conservation Act will create an estimated 1,300 jobs and provide much needed economic development for the City of Yerington and Lyon County; and
κ2013 Statutes of Nevada, Page 3957 (FILE NUMBER 38, SJR 14)κ
Whereas, The designation of the proposed Wovoka Wilderness will preserve invaluable prehistoric cultural and natural resources, thereby preserving those resources for future generations; now, therefore, be it
Resolved by the Senate and Assembly of the State of Nevada, Jointly, That the members of the 77th Session of the Nevada Legislature hereby urge Congress to enact the Lyon County Economic Development and Conservation Act; and be it further
Resolved, That the Secretary of the Senate prepare and transmit a copy of this resolution to the Vice President of the United States as the presiding officer of the Senate, the Speaker of the House of Representatives and each member of the Nevada Congressional Delegation; and be it further
Resolved, That this resolution becomes effective upon passage.
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Assembly Resolution No. 13Committee on Legislative Operations and Elections
FILE NUMBER 39
Assembly RESOLUTION — Amending the Assembly Standing Rules for the 77th Session of the Legislature to conform the number of members on the Committee on Ways and Means.
Resolved by the Assembly of the State of Nevada, That Rule No. 40 of the Standing Rules of the Assembly as adopted and amended by the 77th Session of the Legislature is hereby further amended to read as follows:
Rule No. 40. Standing Committees.
The standing committees of the Assembly are as follows:
1. Ways and Means, [sixteen] fifteen members.
2. Judiciary, twelve members.
3. Taxation, twelve members.
4. Education, fourteen members.
5. Legislative Operations and Elections, nine members.
6. Natural Resources, Agriculture, and Mining, eleven members.
7. Transportation, fifteen members.
8. Commerce and Labor, fifteen members.
9. Health and Human Services, fourteen members.
10. Government Affairs, fourteen members.
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κ2013 Statutes of Nevada, Page 3958κ
Senate Joint Resolution No. 15 of the 76th SessionCommittee on Revenue
FILE NUMBER 40
Senate Joint RESOLUTION — Proposing to amend the Nevada Constitution to repeal the provision establishing a separate tax rate and providing for assessing and disbursing the tax on the net proceeds of mines.
Legislative Counsels Digest:
Section 5 of Article 10 of the Nevada Constitution provides for a tax upon the net proceeds of mines which is separate from the tax imposed on all other property. This resolution proposes to repeal the constitutional provision establishing a separate tax on the net proceeds of mines.
EXPLANATION Matter in bolded italics is new; matter between
brackets [omitted material] is material to be
omitted.
Resolved by the Senate and Assembly of the State of Nevada, Jointly, That Section 1 of Article 10 of the Nevada Constitution be amended to read as follows:
Section 1. 1. The Legislature shall provide by law for a uniform and equal rate of assessment and taxation, and shall prescribe such regulations as shall secure a just valuation for taxation of all
property, real, personal and possessory . [, except mines and mining claims, which shall be assessed and taxed only as provided in Section 5 of this Article.]
2. Shares of stock, bonds, mortgages, notes, bank deposits, book accounts and credits, and securities and choses in action of like character are deemed to represent interest in property already assessed and taxed, either in Nevada or elsewhere, and shall be exempt.
3. The Legislature may constitute agricultural and open-space real property having a greater value for another use than that for which it is being used, as a separate class for taxation purposes and may provide a separate uniform plan for appraisal and valuation of such property for assessment purposes. If such plan is provided, the Legislature shall also provide for retroactive assessment for a period of not less than 7 years when agricultural and open-space real property is converted to a higher use conforming to the use for which other nearby property is used.
4. Personal property which is moving in interstate commerce through or over the territory of the State of Nevada, or which was consigned to a warehouse, public or private, within the State of Nevada from outside the State of Nevada for storage in transit to a final destination outside the State of Nevada, whether specified when transportation begins or afterward, shall be deemed to have acquired no situs in Nevada for purposes of taxation and shall be exempt from taxation. Such property shall not be deprived of such exemption because while in the warehouse the property is assembled, bound, joined, processed, disassembled, divided, cut, broken in bulk, relabeled or repackaged.
5. The Legislature may exempt motor vehicles from the provisions of the tax required by this Section, and in lieu thereof, if such exemption is granted, shall provide for a uniform and equal rate of assessment and taxation of motor vehicles, which rate shall not exceed five cents on one dollar of assessed valuation.
κ2013 Statutes of Nevada, Page 3959 (FILE NUMBER 40, SJR 15 of the 76th Session)κ
such exemption is granted, shall provide for a uniform and equal rate of assessment and taxation of motor vehicles, which rate shall not exceed five cents on one dollar of assessed valuation.
6. The Legislature shall provide by law for a progressive reduction in the tax upon business inventories by 20 percent in each year following the adoption of this provision, and after the expiration of the 4th year such inventories are exempt from taxation. The Legislature may exempt any other personal property, including livestock.
7. No inheritance tax shall ever be levied.
8. The Legislature may exempt by law property used for municipal, educational, literary, scientific or other charitable purposes, or to encourage the conservation of energy or the substitution of other sources for fossil sources of energy.
9. No income tax shall be levied upon the wages or personal income of natural persons. Notwithstanding the foregoing provision, and except as otherwise provided in subsection 1 of this Section, taxes may be levied upon the income or revenue of any business in whatever form it may be conducted for profit in the State.
10. The Legislature may provide by law for an abatement of the tax upon or an exemption of part of the assessed value of a single-family residence occupied by the owner to the extent necessary to avoid severe economic hardship to the owner of the residence.
And be it further
Resolved, That Section 5 of Article 10 of the Nevada Constitution is hereby repealed.
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Senate Joint Resolution No. 1Senator Manendo
FILE NUMBER 41
Senate Joint RESOLUTION — Expressing support for wild horses and burros in Nevada.
Whereas, Wild horses and burros are an integral part of the ecosystem and rangelands of the United States and the State of Nevada; and
Whereas, Wild horses and burros helped to build this nation and are living symbols of freedom and our American Western heritage, as represented by the depiction of wild horses on the Nevada State quarter; and
Whereas, Wild horses and burros are natural resources and cultural assets, and have the potential to promote tourism and job creation in this State; and
Whereas, Building eco-sanctuaries that enable the public to view and photograph wild horses and burros may provide a much needed boost to the Nevada economy; and
Whereas, Wild horses and burros depend on the understanding, cooperation and fairness of all interested parties; now, therefore, be it
Resolved by the Senate and Assembly of the State of Nevada, Jointly, That the Nevada Legislature:
κ2013 Statutes of Nevada, Page 3960 (FILE NUMBER 41, SJR 1)κ
1. Supports the preservation and protection of our iconic wild horses and burros in the State of Nevada as living symbols of freedom, the pioneer spirit of the West and Americas heritage, as well as valuable natural resources and cultural assets;
2. Supports the development of wild horse and burro related ecotourism in the State of Nevada;
3. Encourages the State Department of Agriculture to enter into cooperative agreements with local wild horse and burro advocacy groups pursuant to NRS 569.031 concerning wild horses and burros living on private lands that are under the jurisdiction of the State Department of Agriculture; and
4. Encourages a spirit of cooperation, collaboration and fairness among wild horse and burro advocacy groups, private land owners and the State Department of Agriculture; and be it further
Resolved, That the Secretary of the Senate prepare and transmit a copy of this resolution to the Vice President of the United States as the presiding officer of the United States Senate, the Speaker of the House of Representatives, each member of the Nevada Congressional Delegation, the Governor and the Director of the State Department of Agriculture; and be it further
Resolved, That this resolution becomes effective upon passage.
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Senate Joint Resolution No. 12Senator Brower
Joint Sponsor: Assemblyman Munford
FILE NUMBER 42
Senate Joint RESOLUTION — Urging the President of the United States to grant a posthumous pardon to John Arthur Jack Johnson for the 1913 racially motivated conviction of Johnson, which diminished his athletic, cultural and historical significance and destroyed his reputation.
Whereas, John Arthur Jack Johnson was a flamboyant, defiant and controversial figure in the history of the United States who challenged racial biases; and
Whereas, Jack Johnson was born in Galveston, Texas, in 1878 to parents who were former slaves; and
Whereas, Jack Johnson became a professional boxer and traveled throughout the United States, fighting white and African-American heavyweights; and
Whereas, After being denied, on purely racial grounds, the opportunity in this country to fight two white champions, in 1908, Jack Johnson was granted an opportunity to fight the reigning white title-holder, Tommy Burns, in Sydney, Australia; and
Whereas, Jack Johnson defeated Tommy Burns to become the first African American to hold the title of Heavyweight Champion of the World; and
κ2013 Statutes of Nevada, Page 3961 (FILE NUMBER 42, SJR 12)κ
Whereas, The victory by Jack Johnson over Tommy Burns prompted a search for a white boxer who could beat Jack Johnson, a recruitment effort that was dubbed the search for the Great White Hope; and
Whereas, In 1910, as part of that effort, former champion named Jim Jeffries left retirement to fight Jack Johnson in Reno, Nevada; and
Whereas, Jim Jeffries lost to Jack Johnson in front of a crowd of 20,000 people, in what has been referred to by many as the Battle of the Century; and
Whereas, The defeat of Jim Jeffries by Jack Johnson led to rioting, aggression against African Americans and the racially motivated murder of African Americans nationwide; and
Whereas, The relationships of Jack Johnson with white women compounded the resentment felt toward him by many; and
Whereas, Between 1901 and 1910, 754 African Americans were lynched, some for simply being too familiar with white women; and
Whereas, In 1910, Congress passed the Act of June 25, 1910, commonly known as the White Slave Traffic Act or the Mann Act, (18 U.S.C. §§ 2421 et seq.), which outlawed the transportation of women in interstate or foreign commerce for the purpose of prostitution or debauchery, or for any other immoral purpose; and
Whereas, In October 1912, Jack Johnson became involved with a white woman, Lucille Cameron, whose mother disapproved of their relationship and sought action from the Department of Justice, claiming that Jack Johnson had abducted her daughter; and
Whereas, Jack Johnson was arrested by Federal marshals on October 18, 1912, for transporting Lucille Cameron across state lines for an immoral purpose in violation of the Mann Act; and
Whereas, The Mann Act charges against Jack Johnson were dropped when Lucille Cameron refused to cooperate with Federal authorities and then married Jack Johnson; and
Whereas, Federal authorities persisted and summoned a white woman named Belle Schreiber, who testified that Jack Johnson had transported her across state lines for the purpose of prostitution and debauchery; and
Whereas, In 1913, Jack Johnson was convicted of violating the Mann Act and sentenced to 1 year and 1 day in Federal prison; and
Whereas, Jack Johnson fled the United States to Canada and various European and South American countries; and
Whereas, Jack Johnson lost the Heavyweight Championship title to Jess Willard in Cuba in 1915; and
Whereas, Jack Johnson returned to the United States in July 1920, surrendered to authorities and served nearly a year in the Federal penitentiary at Leavenworth, Kansas; and
Whereas, Jack Johnson subsequently fought in boxing matches, but never regained the Heavyweight Championship title; and
Whereas, Jack Johnson served his country during World War II by encouraging citizens to buy war bonds and participating in exhibition boxing matches to promote the war bond cause; and
Whereas, Jack Johnson died in an automobile accident in 1946; and
Whereas, In 1954, Jack Johnson was inducted into the Boxing Hall of Fame; and
κ2013 Statutes of Nevada, Page 3962 (FILE NUMBER 42, SJR 12)κ
Whereas, Jack Johnson paved the way for African-American athletes to participate and succeed in racially integrated professional sports in the United States; and
Whereas, Jack Johnson was wronged by a racially motivated conviction prompted by his success in the boxing ring and his relationships with white women; and
Whereas, The criminal conviction of Jack Johnson unjustly ruined his career and destroyed his reputation; now, therefore, be it
Resolved by the Senate and Assembly of the State of Nevada, Jointly, That the members of the 77th Session of the Nevada Legislature urge the President of the United States to grant a posthumous pardon to John Arthur Jack Johnson to expunge from the annals of American criminal justice a racially motivated abuse of the prosecutorial authority of the Federal Government, and to recognize Jack Johnsons athletic and cultural contributions to society; and be it further
Resolved, That the Secretary of the Senate transmit a copy of this resolution to the President of the United States; and be it further
Resolved, That this resolution becomes effective upon passage.
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Senate Joint Resolution No. 13Senators Segerblom, Spearman, Parks, Atkinson, Ford; Denis, Kihuen, Manendo and Woodhouse
Joint Sponsors: Assemblymen Elliot Anderson, Ohrenschall, Martin, Healey; Aizley, Hogan and Swank
FILE NUMBER 43
SENATE Joint RESOLUTION — Proposing to amend the Nevada Constitution to require the recognition of all marriages, regardless of gender.
Legislative Counsels Digest:
Section 21 of Article 1 of the Nevada Constitution provides that only a marriage between a male and female person may be recognized and given effect in this State. This resolution amends that provision to require the State of Nevada and its political subdivisions to recognize all marriages, regardless of gender. This resolution gives religious organizations and clergy the right to refuse to solemnize a marriage and provides that no person has the right to make a claim against a religious organization or clergy for refusing to solemnize a marriage. This resolution further provides that all legally valid marriages shall be treated equally under the law.
EXPLANATION Matter in bolded italics is new; matter between
brackets [omitted material] is material to be
omitted.
Resolved by the Senate and Assembly of the State of Nevada, Jointly, That Section 21 of Article 1 of the Nevada Constitution be amended to read as follows:
[Sec:] Sec. 21. [Limitation on recognition] Recognition of marriage. [Only a marriage between a male and female person shall be recognized and given effect in this state.]
κ2013 Statutes of Nevada, Page 3963 (FILE NUMBER 43, SJR 13)κ
1. The State of Nevada and its political subdivisions shall recognize marriages and issue marriage licenses to couples, regardless of gender.
2. Religious organizations and clergy have the right to refuse to solemnize a marriage and no person has the right to make any claim against a religious organization or clergy for such a refusal.
3. All legally valid marriages shall be treated equally under the law.
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Assembly Concurrent Resolution No. 8Assemblymen Kirkpatrick; Aizley, Elliot Anderson, Paul Anderson, Benitez-Thompson, Bobzien, Bustamante Adams, Carlton, Carrillo, Cohen, Daly, Diaz, Dondero Loop, Duncan, Eisen, Ellison, Fiore, Flores, Frierson, Grady, Hambrick, Hansen, Hardy, Healey, Hickey, Hogan, Horne, Kirner, Livermore, Martin, Munford, Neal, Ohrenschall, Oscarson, Pierce, Spiegel, Sprinkle, Stewart, Swank, Thompson, Wheeler and Woodbury
Joint Sponsors: Senators Denis; Atkinson, Brower, Cegavske, Ford, Goicoechea, Gustavson, Hammond, Hardy, Hutchison, Jones, Kieckhefer, Kihuen, Manendo, Parks, Roberson, Segerblom, Settelmeyer, Smith, Spearman and Woodhouse
FILE NUMBER 44
Assembly Concurrent RESOLUTION — Memorializing John J. McDonald.
Whereas, The members of the 77th Session of the Nevada Legislature note with profound sorrow the loss of John McDonald, a man whose legacy continues to enrich his community, on February 6, 2013; and
Whereas, John Joseph McDonald was born in Butte, Montana, on June 21, 1925, to Frank and Margie McDonald; and
Whereas, After serving in World War II, John married his wife Doris in 1952, and the young family moved to Nevada in 1960 to put down its roots in Las Vegas; and
Whereas, John worked in various casinos as a card dealer and eventually moved up the ranks to become a casino manager; and
Whereas, After his retirement in 1990, this lifelong football fan devoted his time and energy to youth sports, particularly his mission to ensure that local youth, regardless of background, were afforded recreational opportunities they may not otherwise have had; and
Whereas, Mr. McDonald enthusiastically took on the task of coaching neighborhood children who were cut from the Pop Warner football team, and as an added bonus to being taught focus, teamwork and leadership, those children would make the team the following year; and
Whereas, In the 1990s, John began working with neighbors near Buffalo Drive to advocate for the transformation of vacant land in the area to a youth football-designated complex, and his vision was realized in 2001 with the opening of All American Park, featuring six fields for youth football; and
κ2013 Statutes of Nevada, Page 3964 (FILE NUMBER 44, ACR 8)κ
a youth football-designated complex, and his vision was realized in 2001 with the opening of All American Park, featuring six fields for youth football; and
Whereas, In January of 2012, this community leaders efforts were recognized with the naming of the John J. McDonald Football Complex at All American Park; and
Whereas, A loyal supporter of the sport, John traveled to see many University of Notre Dame football games, and his last family vacation was a trip to see Notre Dame win against the University of Southern California; and
Whereas, In addition to his sports-related hobbies and endeavors, John was active in politics and generously devoted time and energy to many campaigns; and
Whereas, Because he extended warmth and friendship to everyone equally, John was fondly known as Mr. Mac, Dad or Pops, and his positive outlook and gregarious smile will be greatly missed; and
Whereas, John was preceded in death by his beloved wife Doris Adair McDonald and sons-in-law Terry Pinter and Tommy Lavin, and he leaves behind daughters Jacquelyn McDonald Lavin and Kerry Lee McDonald, son Michael J. McDonald and his fiancee Jolette, grandchildren TJ and Brooke Lavin and great-grandchildren Justice and Aspen Lavin; now, therefore, be it
Resolved by the Assembly of the State of Nevada, the Senate Concurring, That the members of the 77th Session of the Nevada Legislature hereby extend their deepest condolences to Johns beloved family and countless friends; and be it further
Resolved, That the Chief Clerk of the Assembly prepare and transmit a copy of this resolution to Johns children Jacquelyn, Kerry Lee and Michael.
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Assembly Joint Resolution No. 1Assemblyman Aizley
FILE NUMBER 45
Assembly Joint RESOLUTION — Expressing the support of the Nevada Legislature for the designation of the Upper Las Vegas Wash as a national monument.
Whereas, The Upper Las Vegas Wash contains thousands of Pleistocene mammal fossils of national importance, including Columbian mammoth, ground sloth, American lion, camel and horse fossils; and
Whereas, Since 1933, the Upper Las Vegas Wash has been valued by scientists because of the significant paleontological fossils demonstrative of the Pleistocene epoch, commonly referred to as the Ice Age, that are located in the area; and
Whereas, In 2004, during the preparation of the Las Vegas Valley Disposal Boundary Final Environmental Impact Statement, the Bureau of Land Management identified sensitive biological, cultural and paleontological resources determined to be worthy of more evaluation with respect to the protective status of the resources; and
κ2013 Statutes of Nevada, Page 3965 (FILE NUMBER 45, AJR 1)κ
Whereas, The harsh desert environment of the Upper Las Vegas Wash supports unique and imperiled plants, including the Las Vegas buckwheat, Merriams bearpoppy, Las Vegas bearpoppy, the halfring milkvetch, Joshua trees and several species of cacti; and
Whereas, The Upper Las Vegas Wash provides important habitat for the threatened desert tortoise, endemic poppy bees, kit foxes, burrowing owls and a variety of reptiles; and
Whereas, In 2010, a National Park Service reconnaissance survey of the area determined that the area likely contains the largest continuous section of Pleistocene strata in the desert southwest; and
Whereas, The Upper Las Vegas Wash is significant to the culture and history of the native and indigenous people of the area, including the Southern Paiute Tribe; and
Whereas, Despite the findings and recommendations of the aforementioned Environmental Impact Statement and reconnaissance survey, the Upper Las Vegas Wash remains inadequately protected; and
Whereas, Many irreplaceable fossil specimens in the Upper Las Vegas Wash have been lost to vandalism or theft; and
Whereas, Designation of the Upper Las Vegas Wash site as a national monument would protect the unique resources of the area for present and future generations while allowing for public education and continued scientific research opportunities; now, therefore, be it
Resolved by the Assembly and Senate of the State of Nevada, Jointly, That the members of the 77th Session of the Nevada Legislature hereby recognize that the Upper Las Vegas Wash contains unique, nationally important biological, cultural and paleontological resources; and be it further
Resolved, That to conserve, protect, interpret and enhance for the benefit of present and future generations these unique and nationally important resources, the Nevada Legislature expresses its support for the designation of the Upper Las Vegas Wash site as a national monument; and be it further
Resolved, That the Chief Clerk of the Assembly prepare and transmit a copy of this resolution to the Vice President of the United States as the presiding officer of the United States Senate, the Speaker of the House of Representatives, each member of the Nevada Congressional Delegation, the Governor and the Director of the State Department of Conservation and Natural Resources, and to the Director of the Department of Wildlife for distribution to the various conservation groups that have participated in the effort to designate the Upper Las Vegas Wash site as a national monument; and be it further
Resolved, That this resolution becomes effective upon passage.
________
κ2013 Statutes of Nevada, Page 3966κ
Assembly Joint Resolution No. 3Committee on Natural Resources, Agriculture, and Mining
FILE NUMBER 46
Assembly JOINT RESOLUTION — Expressing the intent of the Legislature to establish a biomass industry to restore certain ecosystems on public lands.
Whereas, The Nevada Pinyon-Juniper Partnership estimates that currently 9 million acres of Nevadas landscape is pinyon-juniper woodlands, with over 100,000 acres each year converting to the highest density of pinyon-juniper; and
Whereas, Such expanding, aging, overgrown pinyon-juniper woodlands adversely affect ecosystem health with increased disease and insect infestations, negatively impact wildlife diversity by crowding out herbaceous vegetation and shrubs such as sagebrush, and are highly susceptible to catastrophic fire, which adversely affects watersheds and causes erosion; and
Whereas, Environmentally sound and scientifically based proactive management of the expansion and overgrowth of pinyon-juniper stands may reduce fire suppression and restoration costs, reduce the introduction of invasive species such as cheat grass that are detrimental to the ecosystem, enhance the wildlife habitat for sagebrush obligate species such as greater sage grouse and mule deer, improve watershed health and reduce the risk of catastrophic wildfire by reducing high fuel loads; and
Whereas, Biomass from pinyon-juniper management may be used for commercial purposes, including the production of renewable energy and wood products, and the promotion of those uses may strengthen communities by creating rural industries and jobs in counties whose private sector economies are affected by the dominant presence of public lands; and
Whereas, The Nevada Legislature recognizes the cultural importance of pinyon-juniper woodlands to Native Americans and the need for thorough consultation with tribal governments when woodland management projects are planned; and
Whereas, The Nevada Legislature recognizes that pinyon-juniper treatments on public land may be subject to the National Environmental Policy Act of 1969, 42 U.S.C. § 4321 et seq., thereby requiring public input and participation; and
Whereas, The federal Stewardship End Result Contracting program, most recently authorized by section 323 of Public Law No. 108-7 and set to expire on September 30, 2013, if extended by the United States Congress, may provide a valuable resource by facilitating agreements with private contractors for treatment and management of pinyon-juniper woodlands that would benefit rural communities, ecosystem resilience and rangeland health; and
Whereas, It is the policy of this State to encourage participation with all levels of government and private enterprise in cooperative state, regional and national programs to assure adequate supplies of energy resources and wood products and markets for those energy sources and wood products; and
Whereas, The Nevada Legislature encourages both government and private enterprise to maximize the use of indigenous energy resources and wood products to the extent such use is environmentally sound and competitively and economically feasible; now, therefore, be it
κ2013 Statutes of Nevada, Page 3967 (FILE NUMBER 46, AJR 3)κ
and wood products to the extent such use is environmentally sound and competitively and economically feasible; now, therefore, be it
Resolved by the Assembly and Senate of the State of Nevada, Jointly, That the Nevada Legislature hereby expresses its intent to establish and encourage the creation of a biomass industry in Nevada to expand efforts to manage pinyon-juniper woodlands and restore pinyon-juniper and sagebrush ecosystems at a landscape scale on public lands based on sound scientific principles for the benefit of ecosystem resiliency, economic stability, production of biomass energy and wood products, hydrologic function, rangeland health, wildlife habitat and reduction of hazardous fuels; and be it further
Resolved, That the Nevada Legislature hereby encourages the Congress of the United States to extend the authority of the Bureau of Land Management of the United States Department of the Interior and the United States Forest Service under section 323 of Public Law No. 108-7 to enter into stewardship contracts or agreements for management and restoration projects on public lands beyond the current expiration date, and to extend the maximum length of those stewardship contracts or agreements to 20 years; and be it further
Resolved, That the Chief Clerk of the Assembly prepare and transmit a copy of this resolution to the Governor, the President of the United States, the Vice President of the United States as the presiding officer of the Senate, the Speaker of the House of Representatives, each member of the Nevada Congressional Delegation, the Director of the Bureau of Land Management and the Chief of the United States Forest Service; and be it further
Resolved, That this resolution becomes effective upon passage.
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Senate Joint Resolution No. 14 of the 76th SessionCommittee on Judiciary
FILE NUMBER 47
Senate Joint RESOLUTION — Proposing to amend the Nevada Constitution to create an intermediate appellate court.
Legislative Counsels Digest:
This resolution proposes an amendment to the Nevada Constitution to create an intermediate appellate court, known as the court of appeals. The court of appeals will consist of three judges, but the Legislature may by law increase the number of judges. The initial three judges must be appointed by the Governor from among three nominees for each seat chosen by the Commission on Judicial Selection. These initial judges will be appointed for a term of 2 years beginning on the first Monday of January of the year following the effective date of this constitutional amendment. After the initial terms, the judges of the court of appeals will be elected at the general election to serve a term of 6 years.
The court of appeals will have appellate jurisdiction in civil cases arising in district courts and in criminal cases within the original jurisdiction of the district courts. The Nevada Supreme Court must fix the jurisdiction of the court of appeals by rule and provide for the review of appeals decided by the court of appeals. In addition, the Nevada Supreme Court must provide by rule for the assignment of one or more judges of the court of appeals to devote a part of their time to serve as supplemental district judges, where needed.
κ2013 Statutes of Nevada, Page 3968 (FILE NUMBER 47, SJR 14 of the 76th Session)κ
addition, the Nevada Supreme Court must provide by rule for the assignment of one or more judges of the court of appeals to devote a part of their time to serve as supplemental district judges, where needed.
EXPLANATION Matter in bolded italics is new; matter between
brackets [omitted material] is material to be
omitted.
Resolved by the Senate and Assembly of the State of Nevada, Jointly, That a new section, designated Section 3A, be added to Article 6 of the Nevada Constitution to read as follows:
Sec. 3A. 1. The court of appeals consists of three judges or such greater number as the Legislature may provide by law. If the number of judges is so increased, the Supreme Court must provide by rule for the assignment of each appeal to a panel of three judges for decision.
2. After the initial terms, each judge of the court of appeals must be elected by the qualified electors of this State at the general election for a term of 6 years beginning on the first Monday of January next after the election. The initial three judges of the court of appeals must be appointed by the Governor from among three nominees selected for each individual seat by the permanent Commission on Judicial Selection described in subsection 3 of section 20 of this Article. After the expiration of 30 days from the date on which the permanent Commission on Judicial Selection has delivered to the Governor its list of nominees for the initial judges, if the Governor has not made the appointments required by this Section, the Governor shall make no other appointment to any public office until the Governor has appointed a judge from the list submitted. The term of the initial judges is 2 years beginning on the first Monday of January next after the effective date of this Section, and an initial judge may succeed himself. If there is an increase in the number of judges, each additional judge must be elected by the qualified electors of this State at the first general election following the increase for a term of 6 years beginning on the first Monday of January next after the election.
3. The Chief Justice of the Supreme Court shall appoint one of the judges of the court of appeals to be chief judge. The chief judge serves a term of 4 years, except that the term of the initial chief judge is 2 years. The chief judge may succeed himself. The chief judge may resign the position of chief judge without resigning from the court of appeals.
4. The Supreme Court shall provide by rule for the assignment of one or more judges of the court of appeals to devote a part of their time to serve as supplemental district judges, where needed.
And be it further
Resolved, That Section 1 of Article 6 of the Nevada Constitution be amended to read as follows:
Section 1. The judicial power of this State [shall be] is vested in a court system, comprising a Supreme Court, a court of appeals, district courts [,] and justices of the peace. The Legislature may also establish, as part of the system, courts for municipal purposes only in incorporated cities and towns.
κ2013 Statutes of Nevada, Page 3969 (FILE NUMBER 47, SJR 14 of the 76th Session)κ
And be it further
Resolved, That Section 4 of Article 6 of the Nevada Constitution be amended to read as follows:
Sec. 4. 1. The Supreme Court [shall] and the court of appeals have appellate jurisdiction in all civil cases arising in district courts, and also on questions of law alone in all criminal cases in which the offense charged is within the original jurisdiction of the district courts. The Supreme Court shall fix by rule the jurisdiction of the court of appeals and shall provide for the review, where appropriate, of appeals decided by the court of appeals. The [court shall also] Supreme Court and the court of appeals have power to issue writs of mandamus, certiorari, prohibition, quo warranto [,] and habeas corpus and also all writs necessary or proper to the complete exercise of [its appellate] their jurisdiction. Each [of the justices shall have power to] justice of the Supreme Court and judge of the court of appeals may issue writs of habeas corpus to any part of the State, upon petition by, or on behalf of, any person held in actual custody [,] in this State and may make such writs returnable [,] before [himself] the issuing justice or judge or the [Supreme Court,] court of which the justice or judge is a member, or before any district court in the State or [before] any judge of [said courts.] a district court.
2. In case of the disability or disqualification, for any cause, of [the Chief Justice or one of the associate justices] a justice of the Supreme Court, [or any two of them,] the Governor [is authorized and empowered to] may designate [any] a judge of the court of appeals or a district judge [or judges] to sit in the place [or places] of [such] the disqualified or disabled justice . [or justices, and said judge or judges so designated shall receive their] The judge designated by the Governor is entitled to receive his actual expense of travel and otherwise while sitting in the Supreme Court.
3. In the case of the disability or disqualification, for any cause, of a judge of the court of appeals, the Governor may designate a district judge to sit in the place of the disabled or disqualified judge. The judge whom the Governor designates is entitled to receive his actual expense of travel and otherwise while sitting in the court of appeals.
And be it further
Resolved, That Section 7 of Article 6 of the Nevada Constitution be amended to read as follows:
Sec. 7. The times of holding the Supreme Court , the court of appeals and the district courts [shall] must be as fixed by law. The terms of the Supreme Court [shall] must be held at the seat of government unless the Legislature otherwise provides by law, except that the Supreme Court may hear oral argument at other places in the State. The terms of the court of appeals must be held at the place provided by law. The terms of the district courts [shall] must be held at the county seats of their respective counties unless the Legislature otherwise provides by law.
And be it further
κ2013 Statutes of Nevada, Page 3970 (FILE NUMBER 47, SJR 14 of the 76th Session)κ
Resolved, That Section 8 of Article 6 of the Nevada Constitution be amended to read as follows:
Sec. 8. 1. The Legislature shall determine the number of justices of the peace to be elected in each city and township of the State [,] and shall fix by law their qualifications, their terms of office and the limits of their civil and criminal jurisdiction, according to the amount in controversy, the nature of the case, the penalty provided [,] or any combination of these.
2. The provisions of this section affecting the number, qualifications, terms of office and jurisdiction of justices of the peace become effective on the first Monday of January, 1979.
3. The Legislature shall also prescribe by law the manner, and determine the cases , in which appeals may be taken from justices and other courts. The Supreme Court, the court of appeals, the district courts [,] and such other courts [,] as the Legislature [shall designate, shall be] designates are courts of record.
And be it further
Resolved, That Section 11 of Article 6 of the Nevada Constitution be amended to read as follows:
Sec. 11. The justices of the Supreme Court , the judges of the court of appeals and the district judges [shall be] are ineligible to any office, other than a judicial office, during the term for which they [shall] have been elected or appointed . [; and all] All elections or appointments of any such judges by the people, Legislature [,] or otherwise [,] during said period [,] to any office other than judicial [, shall be] are void.
And be it further
Resolved, That Section 15 of Article 6 of the Nevada Constitution be amended to read as follows:
Sec. 15. The justices of the Supreme Court , the judges of the court of appeals and the district judges [shall] are each entitled to receive for their services a compensation to be fixed by law and paid in the manner provided by law, which [shall] must not be increased or diminished during the term for which they [shall] have been elected, unless a vacancy occurs, in which case the successor of the former incumbent [shall] is entitled to receive only such salary as may be provided by law at the time of his election or appointment . [; and provision shall] A provision must be made by law for setting apart from each years revenue a sufficient amount of money [,] to pay such compensation.
And be it further
Resolved, That Section 20 of Article 6 of the Nevada Constitution be amended to read as follows:
Sec. 20. 1. When a vacancy occurs before the expiration of any term of office in the Supreme Court or the court of appeals or among the district judges, the Governor shall appoint a justice or judge from among three nominees selected for such individual vacancy by the Commission on Judicial Selection.
2. The term of office of any justice or judge so appointed expires on the first Monday of January following the next general election.
κ2013 Statutes of Nevada, Page 3971 (FILE NUMBER 47, SJR 14 of the 76th Session)κ
3. Each nomination for the Supreme Court [shall] or the court of appeals must be made by the permanent Commission, composed of:
(a) The Chief Justice or an associate justice designated by him;
(b) Three members of the State Bar of Nevada, a public corporation created by statute, appointed by its Board of Governors; and
(c) Three persons, not members of the legal profession, appointed by the Governor.
4. Each nomination for the district court [shall] must be made by a temporary commission composed of:
(a) The permanent Commission;
(b) A member of the State Bar of Nevada resident in the judicial district in which the vacancy occurs, appointed by the Board of Governors of the State Bar of Nevada; and
(c) A resident of such judicial district, not a member of the legal profession, appointed by the Governor.
5. If at any time the State Bar of Nevada ceases to exist as a public corporation or ceases to include all attorneys admitted to practice before the courts of this State, the Legislature shall provide by law, or if it fails to do so the Supreme Court shall provide by rule, for the appointment of attorneys at law to the positions designated in this Section to be occupied by members of the State Bar of Nevada.
6. The term of office of each appointive member of the permanent Commission, except the first members, is 4 years. Each appointing authority shall appoint one of the members first appointed for a term of 2 years. If a vacancy occurs, the appointing authority shall fill the vacancy for the unexpired term. The additional members of a temporary commission [shall] must be appointed when a vacancy occurs, and their terms [shall] expire when the nominations for such vacancy have been transmitted to the Governor.
7. An appointing authority shall not appoint to the permanent Commission more than:
(a) One resident of any county.
(b) Two members of the same political party.
No member of the permanent Commission may be a member of [a] the Commission on Judicial Discipline.
8. After the expiration of 30 days from the date on which the Commission on Judicial Selection has delivered to him its list of nominees for any vacancy, if the Governor has not made the appointment required by this Section, he shall make no other appointment to any public office until he has appointed a justice or judge from the list submitted.
[If a commission on judicial selection is established by another section of this Constitution to nominate persons to fill vacancies on the Supreme Court, such commission shall serve as the permanent Commission established by subsection 3 of this Section.]
And be it further
Resolved, That Section 21 of Article 6 of the Nevada Constitution be amended to read as follows:
Sec. 21. 1. A justice of the Supreme Court, a judge of the court of appeals, a district judge, a justice of the peace or a municipal judge may, in addition to the provision of Article 7 for impeachment, be censured, retired, removed or otherwise disciplined by the Commission on Judicial Discipline.
κ2013 Statutes of Nevada, Page 3972 (FILE NUMBER 47, SJR 14 of the 76th Session)κ
judge may, in addition to the provision of Article 7 for impeachment, be censured, retired, removed or otherwise disciplined by the Commission on Judicial Discipline. Pursuant to rules governing appeals adopted by the Supreme Court, a justice or judge may appeal from the action of the Commission to the Supreme Court, which may reverse such action or take any alternative action provided in this subsection.
2. The Commission is composed of:
(a) Two justices or judges appointed by the Supreme Court;
(b) Two members of the State Bar of Nevada, a public corporation created by statute, appointed by its Board of Governors; and
(c) Three persons, not members of the legal profession, appointed by the Governor.
The Commission shall elect a Chairman from among its three lay members.
3. If at any time the State Bar of Nevada ceases to exist as a public corporation or ceases to include all attorneys admitted to practice before the courts of this State, the Legislature shall provide by law, or if it fails to do so the Supreme Court shall provide by rule, for the appointment of attorneys at law to the positions designated in this Section to be occupied by members of the State Bar of Nevada.
4. The term of office of each appointive member of the Commission, except the first members, is 4 years. Each appointing authority shall appoint one of the members first appointed for a term of 2 years. If a vacancy occurs, the appointing authority shall fill the vacancy for the unexpired term. An appointing authority shall not appoint more than one resident of any county. The Governor shall not appoint more than two members of the same political party. No member may be a member of a commission on judicial selection.
5. The Legislature shall establish:
(a) In addition to censure, retirement and removal, the other forms of disciplinary action that the Commission may impose;
(b) The grounds for censure and other disciplinary action that the Commission may impose, including, but not limited to, violations of the provisions of the Code of Judicial Conduct;
(c) The standards for the investigation of matters relating to the fitness of a justice or judge; and
(d) The confidentiality or nonconfidentiality, as appropriate, of proceedings before the Commission, except that, in any event, a decision to censure, retire or remove a justice or judge must be made public.
6. The Supreme Court shall adopt a Code of Judicial Conduct.
7. The Commission shall adopt rules of procedure for the conduct of its hearings and any other procedural rules it deems necessary to carry out its duties.
8. No justice or judge may by virtue of this Section be:
(a) Removed except for willful misconduct, willful or persistent failure to perform the duties of his office or habitual intemperance; or
(b) Retired except for advanced age which interferes with the proper performance of his judicial duties, or for mental or physical disability which prevents the proper performance of his judicial duties and which is likely to be permanent in nature.
κ2013 Statutes of Nevada, Page 3973 (FILE NUMBER 47, SJR 14 of the 76th Session)κ
disability which prevents the proper performance of his judicial duties and which is likely to be permanent in nature.
9. Any matter relating to the fitness of a justice or judge may be brought to the attention of the Commission by any person or on the motion of the Commission. The Commission shall, after preliminary investigation, dismiss the matter or order a hearing to be held before it. If a hearing is ordered, a statement of the matter [shall] must be served upon the justice or judge against whom the proceeding is brought. The Commission in its discretion may suspend a justice or judge from the exercise of his office pending the determination of the proceedings before the Commission. Any justice or judge whose removal is sought is liable to indictment and punishment according to law. A justice or judge retired for disability in accordance with this Section is entitled thereafter to receive such compensation as the Legislature may provide.
10. If a proceeding is brought against a justice of the Supreme Court, no justice of the Supreme Court may sit on the Commission for that proceeding. If a proceeding is brought against a judge of the court of appeals, no judge of the court of appeals may sit on the Commission for that proceeding. If a proceeding is brought against a district judge, no district judge from the same judicial district may sit on the Commission for that proceeding. If a proceeding is brought against a justice of the peace, no justice of the peace from the same township may sit on the Commission for that proceeding. If a proceeding is brought against a municipal judge, no municipal judge from the same city may sit on the Commission for that proceeding. If an appeal is taken from an action of the Commission to the Supreme Court, any justice who sat on the Commission for that proceeding is disqualified from participating in the consideration or decision of the appeal. When any member of the Commission is disqualified by this subsection, the Supreme Court shall appoint a substitute from among the eligible judges.
11. The Commission may:
(a) Designate for each hearing an attorney or attorneys at law to act as counsel to conduct the proceeding;
(b) Summon witnesses to appear and testify under oath and compel the production of books, papers, documents and records;
(c) Grant immunity from prosecution or punishment when the Commission deems it necessary and proper in order to compel the giving of testimony under oath and the production of books, papers, documents and records; and
(d) Exercise such further powers as the Legislature may from time to time confer upon it.
And be it further
Resolved, That Section 3 of Article 7 of the Nevada Constitution be amended to read as follows:
[Sec:] Sec. 3. For any reasonable cause to be entered on the journals of each House, which may [,] or may not be sufficient grounds for impeachment, the [Chief Justice and associate] justices of the Supreme Court , the judges of the court of appeals and the judges of the district courts [shall] must be removed from office on the vote of two thirds of the members elected to each branch of the Legislature .
κ2013 Statutes of Nevada, Page 3974 (FILE NUMBER 47, SJR 14 of the 76th Session)κ
Legislature . [, and the] The justice or judge complained of [, shall] must be served with a copy of the complaint against him, and [shall] have an opportunity of being heard in person or by counsel in his defense . [, provided, that no] No member of either branch of the Legislature [shall be] is eligible to fill the vacancy occasioned by such removal.
And be it further
Resolved, That Section 8 of Article 15 of the Nevada Constitution be amended to read as follows:
[Sec:] Sec. 8. The Legislature shall provide for the speedy publication of all statute laws of a general nature [,] and such decisions of the Supreme Court [,] and the court of appeals as it may deem expedient . [; and all] All laws and judicial decisions [shall] must be free for publication by any person . [; provided, that no] No judgment of the Supreme Court or the court of appeals shall take effect and be operative until the opinion of the court in such case [shall be] is filed with the clerk of said court.
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Assembly Resolution No. 14Committee on Legislative Operations and Elections
FILE NUMBER 48
Assembly RESOLUTION — Designating certain members of the Assembly as regular and alternate members of the Legislative Commission for the 2013-2015 biennium.
Resolved by the Assembly of the State of Nevada, That, pursuant to the provisions of NRS 218E.150 and the Joint Standing Rules of the Legislature, the following members of the Assembly are designated regular and alternate members of the Legislative Commission to serve until their successors are designated: Ms. Marilyn Kirkpatrick, Mr. Jason Frierson, Mr. Skip Daly, Mr. Ira Hansen, Mr. Lynn D. Stewart and Mr. Wesley Duncan are designated as the regular Assembly members; Ms. Olivia Diaz and Mr. Elliot T. Anderson are designated as the first and second alternate members, respectively, for Ms. Marilyn Kirkpatrick; Ms. Irene Bustamante Adams and Ms. Dina Neal are designated as the first and second alternate members, respectively, for Mr. Jason Frierson; Ms. Teresa Benitez-Thompson and Mr. Michael Sprinkle are designated as the first and second alternate members, respectively, for Mr. Skip Daly; Mr. Jim Wheeler and Mr. Tom Grady are designated as the first and second alternate members, respectively, for Mr. Ira Hansen; Mr. Peter Livermore and Ms. Michele Fiore are designated as the first and second alternate members, respectively, for Mr. Lynn D. Stewart; and Mr. James Oscarson and Mr. John Ellison are designated as the first and second alternate members, respectively, for Mr. Wesley Duncan.
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κ2013 Statutes of Nevada, Page 3975κ
Assembly Concurrent Resolution No. 7Committee on Natural Resources, Agriculture, and Mining
FILE NUMBER 49
ASSEMBLY Concurrent RESOLUTION — Urging the Office of the Governor to continue working with the Legislature to consider the potential impact of listing the greater sage grouse as an endangered or threatened species and to develop strategies to preclude the listing.
Whereas, The greater sage grouse (Centrocercus urophasianus) is a species of bird that inhabits much of the sagebrush habitat in Nevada as well as other western states; and
Whereas, Although the United States Fish and Wildlife Service has determined that the greater sage grouse is warranted for listing as endangered or threatened under the Endangered Species Act of 1973, 16 U.S.C. §§ 1531 et seq., listing the species is currently precluded by the need to take action on other species, and a proposed rule or change in determination as to listing the species must be made by the end of federal fiscal year 2015; and
Whereas, Through the enactment of Senate Concurrent Resolution No. 15, File Number 48, Statutes of Nevada 2005, at page 3022, the members of the 73rd Session of the Nevada Legislature found that the listing of the greater sage grouse as an endangered or threatened species would have a devastatingly negative impact on Nevadas land development, land use, water use, mining, recreational activities and local economies; and
Whereas, Through the enactment of Assembly Concurrent Resolution No. 3, File Number 25, Statutes of Nevada 2011, at page 3833, the members of the 76th Session of the Nevada Legislature urged persons involved in activities to improve the population of the greater sage grouse and to prevent the greater sage grouse from being listed as an endangered or threatened species to engage in those activities in a proactive manner to ensure the protection and restoration of the population and habitat of the greater sage grouse; and
Whereas, Through the execution of Executive Order 2012-09, the Governor established the Governors Greater Sage-grouse Advisory Committee to provide recommendations on policies and actions for developing a statewide strategy to preclude the need to list the greater sage grouse as endangered or threatened under the Endangered Species Act, and authorized the Advisory Committee to consult with members of the Nevada Legislature in developing its recommendations; and
Whereas, In accordance with Executive Order 2012-09, the Governors Greater Sage-grouse Advisory Committee issued its report, Strategic Plan for Conservation of Greater Sage-Grouse in Nevada, on July 31, 2012, and concluded its activities; now, therefore, be it
Resolved by the Assembly of the State of Nevada, the Senate Concurring, That the members of the 77th Session of the Nevada Legislature urge the Office of the Governor to continue the Legislatures involvement in:
1. Analyzing the potential economic impact of listing the greater sage grouse as an endangered or threatened species under the Endangered Species Act; and
κ2013 Statutes of Nevada, Page 3976 (FILE NUMBER 49, ACR 7)κ
2. Developing and implementing strategies to preclude the listing of the greater sage grouse as an endangered or threatened species under the Endangered Species Act; and be it further
Resolved, That the Chief Clerk of the Assembly prepare and transmit a copy of this resolution to the Governor; and be it further
Resolved, That this resolution becomes effective upon passage.
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Senate Concurrent Resolution No. 10Senators Goicoechea; Atkinson, Brower, Cegavske, Denis, Ford, Gustavson, Hammond, Hardy, Hutchison, Jones, Kieckhefer, Kihuen, Manendo, Parks, Roberson, Segerblom, Settelmeyer, Smith, Spearman and Woodhouse
Joint Sponsors: Assemblymen Ellison; Aizley, Elliot Anderson, Paul Anderson, Benitez-Thompson, Bobzien, Bustamante Adams, Carlton, Carrillo, Cohen, Daly, Diaz, Dondero Loop, Duncan, Eisen, Fiore, Flores, Frierson, Grady, Hambrick, Hansen, Hardy, Healey, Hickey, Hogan, Horne, Kirkpatrick, Kirner, Livermore, Martin, Munford, Neal, Ohrenschall, Oscarson, Pierce, Spiegel, Sprinkle, Stewart, Swank, Thompson, Wheeler and Woodbury
FILE NUMBER 50
Senate Concurrent RESOLUTION — Memorializing former University Regent Dorothy Gallagher.
Whereas, On May 15, 2013, the State of Nevada lost one of its most important voices in higher education and, most notably, a champion of students statewide; and
Whereas, Dorothy Sewell Gallagher, a fourth-generation Nevadan, was born on September 14, 1925, to J. Harvey and Mollie Sewell in Elko, Nevada, and in 1943 enrolled in the University of Nevada, where she met the love of her life, Thomas H. Gallagher; and
Whereas, During her years at the University, she was president of the Gamma Phi Beta sorority, and after graduating with a bachelors degree in zoology in the spring of 1947, she married Tom on August 30, 1947; and
Whereas, After spending 4 years in San Francisco while Tom attended dental school and giving birth to two of their sons, Dorothy and her family returned to Elko in 1951 where Tom began a dentistry practice with his father and brother; and
Whereas, In 1953, their youngest son was born, and Dorothy immersed herself in motherhood and the day-to-day operations of the family ranches in Lamoille, Pine Valley and Diamond Valley; and
Whereas, After the ranches were sold in 1979, Dorothy was elected to her first of many terms as a member of the Board of Regents of the University of Nevada in 1980; and
Whereas, Dorothy Gallagher served with distinction and honor as a Regent for an unprecedented 28 years from 1980 to 2002, and from 2004 to 2010, and her tenure included serving as Chair of the Board of Regents as well as Chair of more than a dozen committees; and
κ2013 Statutes of Nevada, Page 3977 (FILE NUMBER 50, SCR 10)κ
Whereas, This esteemed Nevadan steadfastly represented 11 rural counties, as her district spanned the State from the Idaho border to Pahrump; and
Whereas, Dorothy Gallaghers wisdom and foresight were instrumental in the creation and development of Great Basin College in Elko and bringing in baccalaureate programs to the rural institution as she helped to plan and develop Nevadas first state college in 2002, which now boasts an enrollment of over 3,000 students with 35 majors and minors; and
Whereas, A committed supporter of mining education, she became the first woman honored with the Mining and Metallurgical Society of Americas Gold Medal in 2009; and
Whereas, The Dorothy S. Gallagher Great Basin Environmental Research Laboratory of the Desert Research Institute bears her name in recognition of her efforts to secure funding to construct the multidisciplinary research facility; and
Whereas, Dorothy Gallagher was actively involved in her community, serving as a member of the Board of Directors of the Nevada National Bank, the Elko County Hospital Board of Trustees and the Board of Directors of Vitality House, and for her efforts in health services outreach, she was named the Rural Nevadan Who Dares to Care by the University of Nevada School of Medicine in 1994; and
Whereas, Dorothys countless accolades include being recognized as a University of Nevada Distinguished Nevadan, University of Nevada Honorary Doctorate, University of Nevada Alumnus of the Year, as well as being included in the Junior Achievement of Northern Nevadas Business Leaders Hall of Fame and receiving the Nevada Womens Fund Hall of Fame Award for Education, the Elko General Hospital Legacy Award and the Nevada Hospital Association Trustee Excellence Award; and
Whereas, This incomparable inspirational leader and mentor dedicated her life to improving access to quality educational opportunities for all, and through her selfless service, improved the lives of Nevadans for generations to come; and
Whereas, Dorothy Gallagher is survived by her husband Thomas, sons Michael, Thomas and Frank, five grandchildren and three great-grandchildren; now, therefore, be it
Resolved by the Senate of the State of Nevada, the Assembly Concurring, That the members of the 77th Session of the Nevada Legislature hereby recognize the exemplary achievements of this extraordinary woman and extend their deepest condolences to her family, colleagues and friends; and be it further
Resolved, That the Secretary of the Senate prepare and transmit a copy of this resolution to Dorothy Gallaghers beloved husband, Dr. Thomas H. Gallagher.
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κ2013 Statutes of Nevada, Page 3978κ
Senate Resolution No. 9Committee on Legislative Operations and Elections
FILE NUMBER 51
Senate RESOLUTION — Designating certain members of the Senate as regular and alternate members of the Legislative Commission for the 2013-2015 biennium.
Resolved by the Senate of the State of Nevada, That, pursuant to the provisions of NRS 218E.150 and the Joint Standing Rules of the Legislature, Senators Moises Denis, Kelvin Atkinson, Ruben J. Kihuen, Michael Roberson, Ben Kieckhefer and James A. Settelmeyer are designated as the regular Senate members of the Legislative Commission; and be it further
Resolved, That Senators Joyce Woodhouse and Tick Segerblom are designated as the first and second alternate members, respectively, for Senator Moises Denis; Senators Justin C. Jones and David R. Parks are designated as the first and second alternate members, respectively, for Senator Kelvin Atkinson; Senators Aaron D. Ford and Debbie Smith are designated as the first and second alternate members, respectively, for Senator Ruben J. Kihuen; Senators Greg Brower and Mark Hutchison are designated as the first and second alternate members, respectively, for Senator Michael Roberson; Senators Pete Goicoechea and Barbara K. Cegavske are designated as the first and second alternate members, respectively, for Senator Ben Kieckhefer; and Senators Joseph P. Hardy and Donald G. Gustavson are designated as the first and second alternate members, respectively, for Senator James A. Settelmeyer; and be it further
Resolved, That the procedure for requesting an alternate member to replace a regular member during his or her absence at a meeting must be as follows:
1. The Secretary of the Legislative Commission shall establish a record of service of alternate members at meetings of the Legislative Commission and shall maintain a list of the alternate members for each individual Senator or group of Senators. Each list must contain a numerical designation in ascending order for each alternate member on the list. The initial sequence in which the alternate members must be listed must correspond to their designation as alternates in this resolution.
2. If a regular member of the Legislative Commission is unable to attend a scheduled meeting of the Legislative Commission and notifies the Secretary of the Legislative Commission, the Secretary shall request the alternate member with the lowest numerical designation on the appropriate list to replace the regular member at the meeting. If the alternate member does not agree to serve, the Secretary shall make the same request of the alternate member with the next higher numerical designation on the list, and so on through the list until an alternate member agrees to replace the regular member.
3. An alternate member who agrees to replace a regular member at a meeting of the Legislative Commission loses the numerical designation he or she had on the appropriate list at the time he or she was requested to serve. The Secretary of the Legislative Commission shall, when the alternate member agrees to replace the regular member, assign to that alternate member the highest numerical designation on the appropriate list.
κ2013 Statutes of Nevada, Page 3979 (FILE NUMBER 51, SR 9)κ
member the highest numerical designation on the appropriate list. At the same time, the Secretary shall also reduce by one the numerical designation in the appropriate list to those alternate members who have higher numerical designations in the appropriate list than the alternate member who has agreed to serve.
4. An alternate member who is requested to replace a regular member at a meeting of the Legislative Commission, but who does not agree to replace the regular member, does not lose the numerical designation he or she had on the appropriate list at the time of the request.
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Senate Concurrent Resolution No. 12Committee on Transportation
FILE NUMBER 52
Senate Concurrent RESOLUTION — Requesting the return to the Senate from the Governors office of Senate Bill No. 508 of this session.
Whereas, Senate Bill No. 508 of this session has passed both houses of the 77th session of the Legislature, has been enrolled and delivered to the Governor; and
Whereas, Senate Bill No. 508 needs further legislative attention; now, therefore, be it
Resolved by the Senate of the State of Nevada, the Assembly Concurring, That the Governor of the State of Nevada is hereby respectfully requested to return Senate Bill No. 508 of this session to the Senate for further consideration; and be it further
Resolved, That the Secretary of the Senate prepare and transmit a copy of this resolution to Governor Brian Sandoval as soon as practicable.
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Senate Joint Resolution No. 8Senators Segerblom, Kihuen, Spearman and Woodhouse
Joint Sponsors: Assemblymen Flores; Benitez-Thompson and Frierson
FILE NUMBER 53
Senate Joint RESOLUTION — Proposing to amend the Nevada Constitution to provide for limited annual regular legislative sessions and for legislative compensation and expenses to be paid in a manner fixed and determined by law.
Legislative Counsels Digest:
The Nevada Constitution provides for biennial regular sessions of the Legislature of not more than 120 consecutive calendar days beginning on the first Monday of February in each odd-numbered year. (Nev. Const. Art. 4, § 2) This resolution proposes to amend the Nevada Constitution to provide for limited annual regular sessions. Beginning on the first Monday of February in each odd-numbered year, the Legislature would hold a regular session of not more than 90 legislative days during a maximum period of 120 consecutive calendar days.
κ2013 Statutes of Nevada, Page 3980 (FILE NUMBER 53, SJR 8)κ
Legislature would hold a regular session of not more than 90 legislative days during a maximum period of 120 consecutive calendar days. Beginning on the first Tuesday of March in each even-numbered year, the Legislature would hold a regular session of not more than 30 legislative days during a maximum period of 45 consecutive calendar days. This resolution defines a legislative day as any calendar day on which either House of the Legislature is in session or any legislative committee holds a meeting during a session.
The Nevada Constitution authorizes Legislators to: (1) receive compensation for the first 60 days of each regular session and the first 20 days of each special session; and (2) appropriate funds for the payment of the actual expenses members of the Legislature may incur for postage, express charges, newspapers and stationery in an amount not to exceed $60 per member for each general or special session. (Nev. Const. Art. 4, § 33) This resolution proposes to amend the Nevada Constitution to remove those provisions and to provide that Legislators must be paid at regular intervals as set by law and may appropriate funds for the payment of the actual expenses members of the Legislature may incur for each regular or special session.
If this resolution is passed by the 2013 Legislature, it must also be passed by the next Legislature and then approved and ratified by the voters in an election before the proposed amendments to the Nevada Constitution become effective.
EXPLANATION Matter in bolded italics is new; matter between
brackets [omitted material] is material to be
omitted.
Resolved by the Senate and Assembly of the State of Nevada, Jointly, That Section 2 of Article 4 of the Nevada Constitution be amended to read as follows:
Sec. 2. 1. The regular sessions of the Legislature shall be [biennial, and shall commence on the 1st Monday of February following the election of members of the Assembly, unless] annual as set forth in this section, but the Governor of the State or the members of the Legislature [shall,] may, on extraordinary occasions in the interim [,] between regular sessions, convene the Legislature by proclamation or petition [.] in special sessions only as authorized by this Constitution.
2. [The] In each odd-numbered year, the Legislature shall commence the regular session on the first Monday of February and shall adjourn sine die [each regular session] not later than midnight Pacific time at the end of the 90th legislative day or the 120th consecutive calendar day of that session, whichever occurs first, inclusive of the day on which that session commences. Any legislative action taken after midnight Pacific time at the end of the 90th legislative day or the 120th consecutive calendar day of that session , whichever occurs first, is void, unless the legislative action is [conducted] taken during a special session.
3. In each even-numbered year, the Legislature shall commence the regular session on the first Tuesday of March and shall adjourn sine die not later than midnight Pacific time at the end of the 30th legislative day or the 45th consecutive calendar day of that session, whichever occurs first, inclusive of the day on which that session commences. Any legislative action taken after midnight Pacific time at the end of the 30th legislative day or the 45th consecutive calendar day of that session, whichever occurs first, is void, unless the legislative action is taken during a special session.
4. The Governor shall submit to the Legislature:
κ2013 Statutes of Nevada, Page 3981 (FILE NUMBER 53, SJR 8)κ
(a) The proposed executive budget [to the Legislature] not later than 14 calendar days before the commencement of each regular session [.
4.] held in an odd-numbered year.
(b) Any proposed appropriations or proposed revisions to the executive budget not later than 14 calendar days before the commencement of each regular session held in an even-numbered year.
5. For the purposes of this section [, midnight] :
(a) Legislative day means any calendar day on which either House of the Legislature is in session or any legislative committee holds a meeting during a session.
(b) Midnight Pacific time must be determined based on the actual measure of time that, on the final calendar or legislative day of the session, whichever occurs first, is being used and observed by the general population as the uniform time for the portion of Nevada which lies within the Pacific time zone, or any legal successor to the Pacific time zone, and which includes the seat of government of this State as designated by Section 1 of Article 15 of this Constitution. The Legislature and its members, officers and employees shall not employ any device, pretense or fiction that adjusts, evades or ignores this measure of time for the purpose of extending the duration of the session.
And be it further
Resolved, That Section 33 of Article 4 of the Nevada Constitution be amended to read as follows:
Sec. 33. The members of the Legislature shall receive for their services a compensation to be fixed by law and paid out of the public treasury [, for not to exceed 60 days during any regular session of the Legislature and not to exceed 20 days during any special session;] at regular intervals determined by law, but no increase of such compensation shall take effect during the term for which the members of either [house] House shall have been elected; Provided, that an appropriation may be made for the payment of such actual expenses as members of the Legislature may incur [for postage, express charges, newspapers and stationery not exceeding the sum of Sixty dollars] for any [general] regular or special session to each member; and Furthermore Provided, that the Speaker of the Assembly [,] and Lieutenant Governor, as President of the Senate, shall each, during the time of their actual attendance as such presiding officers , receive an additional allowance of two dollars per diem.
And be it further
Resolved, That Section 6 of Article 11 of the Nevada Constitution be amended to read as follows:
[Section] Sec. 6. 1. In addition to other means provided for the support and maintenance of said university and common schools, the legislature shall provide for their support and maintenance by direct legislative appropriation from the general fund, upon the presentation of budgets in the manner required by law.
2. During a regular session of the Legislature [,] in any odd-numbered year, before any other appropriation is enacted to fund a portion of the state budget for the next ensuing biennium, the Legislature shall enact one or more appropriations to provide the money the Legislature deems to be sufficient, when combined with the local money reasonably available for this purpose, to fund the operation of the public schools in the State for kindergarten through grade 12 for the next ensuing biennium for the population reasonably estimated for that biennium.
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Legislature shall enact one or more appropriations to provide the money the Legislature deems to be sufficient, when combined with the local money reasonably available for this purpose, to fund the operation of the public schools in the State for kindergarten through grade 12 for the next ensuing biennium for the population reasonably estimated for that biennium.
3. During a special session of the Legislature that is held between the end of a regular session in an odd-numbered year in which the Legislature has not enacted the appropriation or appropriations required by subsection 2 to fund education for the next ensuing biennium and the first day of that next ensuing biennium, before any other appropriation is enacted other than appropriations required to pay the cost of that special session, the Legislature shall enact one or more appropriations to provide the money the Legislature deems to be sufficient, when combined with the local money reasonably available for this purpose, to fund the operation of the public schools in the State for kindergarten through grade 12 for the next ensuing biennium for the population reasonably estimated for that biennium.
4. During a special session of the Legislature that is held in a biennium for which the Legislature has not enacted the appropriation or appropriations required by subsection 2 to fund education for the biennium in which the special session is being held, before any other appropriation is enacted other than appropriations required to pay the cost of that special session, the Legislature shall enact one or more appropriations to provide the money the Legislature deems to be sufficient, when combined with the local money reasonably available for this purpose, to fund the operation of the public schools in the State for kindergarten through grade 12 for the population reasonably estimated for the biennium in which the special session is held.
5. Any appropriation of money enacted in violation of subsection 2, 3 or 4 is void.
6. As used in this section, biennium means a period of two fiscal years beginning on July 1 of an odd-numbered year and ending on June 30 of the next ensuing odd-numbered year.
And be it further
Resolved, That Section 12 of Article 17 of the Nevada Constitution be amended to read as follows:
Sec. 12. The first regular session of the Legislature shall commence on the second Monday of December A.D. Eighteen hundred and Sixty Four, and the second regular session of the same shall commence on the first Monday of January A.D. Eighteen hundred and Sixty Six; and the third regular session of the Legislature shall be the first of the biennial sessions, and shall commence on the first Monday of January A.D. Eighteen hundred and Sixty Seven; and the regular sessions of the Legislature shall be held thereafter . [biennially.]
And be it further
Resolved, That Section 2 of Article 19 of the Nevada Constitution be amended to read as follows:
Sec. 2. 1. Notwithstanding the provisions of Section 1 of Article 4 of this Constitution, but subject to the limitations of Section 6 of this Article, the people reserve to themselves the power to propose, by initiative petition, statutes and amendments to statutes and amendments to this Constitution, and to enact or reject them at the polls.
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6 of this Article, the people reserve to themselves the power to propose, by initiative petition, statutes and amendments to statutes and amendments to this Constitution, and to enact or reject them at the polls.
2. An initiative petition shall be in the form required by Section 3 of this Article and shall be proposed by a number of registered voters equal to 10 percent or more of the number of voters who voted at the last preceding general election in not less than 75 percent of the counties in the State, but the total number of registered voters signing the initiative petition shall be equal to 10 percent or more of the voters who voted in the entire State at the last preceding general election.
3. If the initiative petition proposes a statute or an amendment to a statute, the person who intends to circulate it shall file a copy with the Secretary of State before beginning circulation and not earlier than [January 1 of the year preceding the year in which a] 1 year before the commencement of the regular session of the Legislature [is held.] to which the petition will be transmitted. After its circulation, it shall be filed with the Secretary of State not less than 30 days [prior to any] before the commencement of the regular session of the Legislature [.] to which the petition will be transmitted. The circulation of the petition shall cease on the day the petition is filed with the Secretary of State or such other date as may be prescribed for the verification of the number of signatures affixed to the petition, whichever is earliest. The Secretary of State shall transmit such petition to the Legislature as soon as the Legislature convenes and organizes. The petition shall take precedence over all other measures except appropriation bills, and the statute or amendment to a statute proposed thereby shall be enacted or rejected by the Legislature without change or amendment within 40 days. If the proposed statute or amendment to a statute is enacted by the Legislature and approved by the Governor in the same manner as other statutes are enacted, such statute or amendment to a statute shall become law, but shall be subject to referendum petition as provided in Section 1 of this Article. If the statute or amendment to a statute is rejected by the Legislature, or if no action is taken thereon within 40 days, the Secretary of State shall submit the question of approval or disapproval of such statute or amendment to a statute to a vote of the voters at the next succeeding general election. If a majority of the voters voting on such question at such election votes approval of such statute or amendment to a statute, it shall become law and take effect upon completion of the canvass of votes by the Supreme Court. An initiative measure so approved by the voters shall not be amended, annulled, repealed, set aside or suspended by the Legislature within 3 years from the date it takes effect. If a majority of such voters votes disapproval of such statute or amendment to a statute, no further action shall be taken on such petition. If the Legislature rejects such proposed statute or amendment, the Governor may recommend to the Legislature and the Legislature may propose a different measure on the same subject, in which event, after such different measure has been approved by the Governor, the question of approval or disapproval of each measure shall be submitted by the Secretary of State to a vote of the voters at the next succeeding general election.
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general election. If the conflicting provisions submitted to the voters are both approved by a majority of the voters voting on such measures, the measure which receives the largest number of affirmative votes shall thereupon become law. If at the session of the Legislature to which an initiative petition proposing an amendment to a statute is presented which the Legislature rejects or upon which it takes no action, the Legislature amends the statute which the petition proposes to amend in a respect which does not conflict in substance with the proposed amendment, the Secretary of State in submitting the statute to the voters for approval or disapproval of the proposed amendment shall include the amendment made by the Legislature.
4. If the initiative petition proposes an amendment to the Constitution, the person who intends to circulate it shall file a copy with the Secretary of State before beginning circulation and not earlier than September 1 of the year before the year in which the election is to be held. After its circulation it shall be filed with the Secretary of State not less than 90 days before any regular general election at which the question of approval or disapproval of such amendment may be voted upon by the voters of the entire State. The circulation of the petition shall cease on the day the petition is filed with the Secretary of State or such other date as may be prescribed for the verification of the number of signatures affixed to the petition, whichever is earliest. The Secretary of State shall cause to be published in a newspaper of general circulation, on three separate occasions, in each county in the State, together with any explanatory matter which shall be placed upon the ballot, the entire text of the proposed amendment. If a majority of the voters voting on such question at such election votes disapproval of such amendment, no further action shall be taken on the petition. If a majority of such voters votes approval of such amendment, the Secretary of State shall publish and resubmit the question of approval or disapproval to a vote of the voters at the next succeeding general election in the same manner as such question was originally submitted. If a majority of such voters votes disapproval of such amendment, no further action shall be taken on such petition. If a majority of such voters votes approval of such amendment, it shall, unless precluded by subsection 5 or 6, become a part of this Constitution upon completion of the canvass of votes by the Supreme Court.
5. If two or more measures which affect the same section of a statute or of the Constitution are finally approved pursuant to this Section, or an amendment to the Constitution is finally so approved and an amendment proposed by the Legislature is ratified which affect the same section, by the voters at the same election:
(a) If all can be given effect without contradiction in substance, each shall be given effect.
(b) If one or more contradict in substance the other or others, the measure which received the largest favorable vote, and any other approved measure compatible with it, shall be given effect. If the one or more measures that contradict in substance the other or others receive the same number of favorable votes, none of the measures that contradict another shall be given effect.
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6. If, at the same election as the first approval of a constitutional amendment pursuant to this Section, another amendment is finally approved pursuant to this Section, or an amendment proposed by the Legislature is ratified, which affects the same section of the Constitution but is compatible with the amendment given first approval, the Secretary of State shall publish and resubmit at the next general election the amendment given first approval as a further amendment to the section as amended by the amendment given final approval or ratified. If the amendment finally approved or ratified contradicts in substance the amendment given first approval, the Secretary of State shall not submit the amendment given first approval to the voters again.
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Senate Joint Resolution No. 9Senators Jones, Ford, Gustavson, Hutchison, Segerblom; Denis, Goicoechea, Hammond, Hardy, Kihuen, Manendo, Parks, Settelmeyer, Smith, Spearman and Woodhouse
Joint Sponsors: Assemblymen Bobzien, Hardy, Wheeler, Healey, Oscarson; Daly, Duncan, Hansen, Livermore and Swank
FILE NUMBER 54
Senate Joint RESOLUTION — Urging the Director of the Bureau of Land Management to expedite the process for approving special recreation permits for certain uses of federal public lands in Nevada.
Whereas, Outdoor recreation in Nevada generates $14.9 billion in consumer spending annually, creates 148,000 jobs and generates $4.8 billion in wages and salaries and $1 billion in state and local tax revenue; and
Whereas, Nevada has an abundance of federal public lands suitable for outdoor recreation that are managed by the Bureau of Land Management of the United States Department of the Interior; and
Whereas, Operators of outdoor recreation-related businesses are required to apply to the Bureau of Land Management for special recreation permits for commercial and competitive uses of those public lands; and
Whereas, The Bureau of Land Management has adopted regulations, 43 C.F.R. Part 2930, Subpart 2932, which set forth the procedure for applying for a special recreation permit; and
Whereas, The processing of special recreation permits by the Bureau of Land Management is often slow; and
Whereas, The slow processing of special recreation permits by the Bureau of Land Management deters outdoor recreation-related businesses from operating effectively and profitably; and
Whereas, Expedited processing of special recreation permits by the Bureau of Land Management would serve to create additional jobs for Nevadans and generate additional state and local tax revenue; now, therefore, be it
Resolved by the Senate and Assembly of the State of Nevada, Jointly, That the Nevada Legislature hereby urges:
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1. The Director of the Bureau of Land Management to expedite the process of approving special recreation permits for commercial and competitive uses of federal public lands in Nevada for nonmotorized events;
2. The Director of the Bureau of Land Management to amend the provisions of 43 C.F.R. Part 2930, Subpart 2932, to further expedite the process of approving those special recreation permits; and
3. The Nevada Congressional Delegation to use its best efforts to encourage the Director of the Bureau of Land Management to expedite the process of approving those special recreation permits and to make any necessary amendments to the provisions of 43 C.F.R. Part 2930, Subpart 2932; and be it further
Resolved, That the Secretary of the Senate prepare and transmit a copy of this resolution to the Secretary of the Interior, the Director of the Bureau of Land Management and each member of the Nevada Congressional Delegation; and be it further
Resolved, That this resolution becomes effective upon passage.
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Assembly Concurrent Resolution No. 9Committee on Legislative Operations and Elections
FILE NUMBER 55
Assembly Concurrent RESOLUTION — Providing for the compensation of the clergy and the coordinator of the clergy for services rendered to the Assembly and Senate during the 77th Session of the Nevada Legislature.
Whereas, The members of the 77th Session of the Nevada Legislature sincerely appreciate the daily religious services that are rendered by members of the clergy representing various denominations; and
Whereas, The invocations offered by the clergy provide inspiration and guidance for the members of the Nevada Legislature as they face the challenges and demands of a legislative session; and
Whereas, The assistance provided by the coordinator of the clergy facilitated the daily services; and
Whereas, A reasonable compensation should be provided for the clergy who performed such services and for the coordinator of the clergy; now, therefore, be it
Resolved by the Assembly of the State of Nevada, the Senate Concurring, That the State Controller is authorized and directed to pay the sum of $35 per service out of the Legislative Fund to the members of the clergy who performed religious services for the Assembly and the Senate during the 77th Session of the Nevada Legislature; and be it further
Resolved, That the State Controller is authorized and directed to pay the sum of $2,000 to the coordinator of the clergy who facilitated the services for the Assembly and the Senate during the 77th Session of the Nevada Legislature.
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