[Rev. 1/29/2019 3:28:00 PM]
RESOLUTIONS AND MEMORIALS
κ2015 Statutes of Nevada, Page 3953κ
RESOLUTIONS AND MEMORIALS
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Assembly Resolution No. 1Committee on Legislative Operations and Elections
FILE NUMBER 1
Assembly RESOLUTION — Adopting the Standing Rules of the Assembly for the 78th Session of the Legislature.
Resolved by the Assembly of the State of Nevada, That the Assembly Standing Rules are hereby adopted for the 78th Session of the Legislature as follows:
ASSEMBLY STANDING RULES
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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.
(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.
κ2015 Statutes of Nevada, Page 3954 (FILE NUMBER 1, AR 1)κ
(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 and Standing Rules of the Assembly During the Interim Between Regular 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. 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.
κ2015 Statutes of Nevada, Page 3955 (FILE NUMBER 1, AR 1)κ
5. The Assembly Standing Rules set forth herein 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, unless a conflict exists with a rule adopted by the Assembly for a special session occurring between regular sessions.
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.
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.
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.
κ2015 Statutes of Nevada, Page 3956 (FILE NUMBER 1, AR 1)κ
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. 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.
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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:
(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.
κ2015 Statutes of Nevada, Page 3958 (FILE NUMBER 1, AR 1)κ
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 general disclosure of the conflict of interest on the record in a meeting of a committee or on the floor of the Assembly, as applicable. Such a disclosure must be entered:
(a) If the Legislator makes the disclosure in a meeting of a committee, in the minutes for that meeting.
(b) If the Legislator makes the disclosure on the floor of the Assembly, in the Journal.
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. 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:
(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.
The next rule is 30.
κ2015 Statutes of Nevada, Page 3959 (FILE NUMBER 1, AR 1)κ
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.
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.
κ2015 Statutes of Nevada, Page 3960 (FILE NUMBER 1, AR 1)κ
V. LEGISLATIVE BODIES
A. Committees
Rule No. 40. Standing Committees.
The standing committees of the Assembly for the regular session, and for Legislative Operations and Elections for both the regular session pursuant to this Rule and for a special session pursuant to Assembly Standing Rule No. 142, are as follows:
1. Ways and Means, fifteen members.
2. Judiciary, thirteen members.
3. Taxation, twelve members.
4. Education, fourteen members.
5. Legislative Operations and Elections, ten members.
6. Natural Resources, Agriculture, and Mining, twelve members.
7. Transportation, fourteen 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 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. Except as otherwise provided in Assembly Standing Rule No. 45, 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 Internet website. Each committee may adopt and file with the Chief Clerks Office policies consistent with these rules.
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.
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.
κ2015 Statutes of Nevada, Page 3961 (FILE NUMBER 1, AR 1)κ
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.
5. Insofar as they are applicable and not in conflict with this Rule, a Committee of the Whole will observe the committee rules set forth in Section V(A) of the Assembly Standing Rules and such other uniform committee rules as determined by the Speaker and published on the Nevada Legislatures Internet website.
6. A quorum of the Committee of the Whole is the same as a quorum of the House, and in case a quorum is not present or other defect is observed, the Committee can take no other action than to rise.
7. It is permissible on motion to limit debate to a certain length of time, to close at a time certain, to limit the length of speeches, or to otherwise limit debate.
8. When a fixed duration is established for a Committee of the Whole, the time may be extended with consent of a majority of the members.
9. A motion for the previous question is not in order.
10. A Committee of the Whole cannot:
(a) Entertain any question of priority.
(b) Entertain any matter of privilege.
(c) Lay a question on the desk.
(d) Postpone consideration of any question.
(e) Reconsider a vote on a proposal no longer in possession of the Committee.
(f) Appoint a subcommittee.
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(g) Punish members for disorderly conduct, but must report any misconduct to the body for its action.
11. Seconds to motions are required.
12. The minutes of the meetings of the Committee of the Whole must be entered in the Assemblys final journal.
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.
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.
κ2015 Statutes of Nevada, Page 3963 (FILE NUMBER 1, AR 1)κ
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;
(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 attaches shall be prescribed by the Chief Clerk and include, but are not limited to, the following:
κ2015 Statutes of Nevada, Page 3964 (FILE NUMBER 1, AR 1)κ
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. 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 committee 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.
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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.
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 Internet 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.
3. Subsection 1 does not apply to:
(a) Committee meetings held behind the bar on the floor of the Assembly during a recess;
(b) Conference committee meetings; or
(c) Meetings of the Committee of the Whole.
D. Committee Hearings
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.
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(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:
(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 not 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.
κ2015 Statutes of Nevada, Page 3967 (FILE NUMBER 1, AR 1)κ
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. Absent unanimous consent to waive the waiting period, 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.
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.
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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. 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.
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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.
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.
κ2015 Statutes of Nevada, Page 3970 (FILE NUMBER 1, AR 1)κ
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.
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.
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.
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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.
Rule No. 100. Precedence of Parliamentary Authority.
The precedence of parliamentary authority in the Assembly is:
1. The Constitution of the State of Nevada and judicial decisions thereon.
2. The Standing Rules of the Assembly and the Joint Standing Rules of the Senate and Assembly.
3. Custom, usage and precedence.
4. The Statutes of the State of Nevada.
5. Masons Manual of Legislative Procedure.
Rule No. 101. Reserved.
Rule No. 102. Privileged Questions.
Privileged questions have precedence over all others in the following order:
1. Motions to fix the time to which the Assembly shall adjourn.
2. Motions to adjourn.
3. Questions relating to the rights and privileges of the Assembly or any of its members.
4. A call of the House.
5. Motions for special orders.
Rule No. 103. Reserved.
B. Bills
Rule No. 104. Reserved.
Rule No. 105. Reserved.
Rule No. 106. Skeleton Bills.
The introduction of skeleton bills is authorized when, in the opinion of the sponsor and the Legislative Counsel, the full drafting of the bill would entail extensive research or be of considerable length.
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entail extensive research or be of considerable length. A skeleton bill will be provided for purposes of introduction and committee referral. Such a bill will be a presentation of ideas or statements of purpose, sufficient in style and expression to enable the Legislature and the committee to which the bill may be referred to consider the substantive merits of the legislation proposed.
Rule No. 107. Reserved.
Rule No. 108. Reserved.
Rule No. 109. Reading of Bills.
The 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 Assembly Standing 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.
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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. 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.
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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.
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. 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. 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.
κ2015 Statutes of Nevada, Page 3975 (FILE NUMBER 1, AR 1)κ
D. Order of Business
Rule No. 120. Order of Business.
The Order of Business must be as follows:
1. Call to Order.
2. Reading and Approval of Journal.
3. Presentation of Petitions.
4. Reports of Standing Committees.
5. Reports of Select Committees.
6. Communications.
7. Messages from the Senate.
8. Motions, Resolutions and Notices.
9. Introduction, First Reading and Reference.
10. Consent Calendar.
11. Second Reading and Amendment.
12. General File and Third Reading.
13. Unfinished Business of Preceding Day.
14. 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.
The Assembly Chamber shall not be used for any public or private business other than legislative, except by permission of the Assembly.
κ2015 Statutes of Nevada, Page 3976 (FILE NUMBER 1, AR 1)κ
X. SPECIAL SESSIONS
Rule No. 142. Request for Drafting of Bills, Resolutions or Amendments.
1. Except as otherwise provided in subsections 2 and 3, the Legislative Counsel shall not honor a request for the drafting of a bill or resolution to be introduced in the Assembly during a special session, or an amendment to a bill or resolution, unless it is submitted by the Speaker, the Committee of the Whole, such other committees as the Speaker may appoint for a special session, or a conference committee.
2. The standing Committee on Legislative Operations and Elections may request the drafting of three Assembly resolutions and one Assembly concurrent resolution necessary to establish the rules, staffing, operation and organization of the Assembly and the Legislature for a special session.
3. The Speaker may request the drafting of five bills for a special session without seeking the approval of the Assembly.
________
Assembly Resolution No. 2Committee on Legislative Operations and Elections
FILE NUMBER 2
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 78th Session of the Legislature of the State of Nevada: Carol Aiello-Sala, Lucinda Benjamin, Jason P. Hataway, Christie Peters, Michele Burke, Susan Hoffman, Robin L. Bates, Sharon Murphy, Mary A. Matheus, Judy Doherty, Bob Guernsey, Dennis Humphrey, Vickie Kieffer, Nicole Madden, Jennifer D. Osheroff, Marge Griffin, Patricia A. Manning, Jasmine Shackley, Sally Stoner, Sheree Rosevear, Craig Hulse, Geoffrey Lawrence, Daniel Stewart, Betty Jo Vonderheide, Celssie Hardy, Cindy Southerland, Jean Kvam, Sylvia Brown, Joann Saridakis, Barbara Eiche, Bambi Wood, Norma Mallett, Linda Corbett, Mary Lee, Linda Law, Christina Salerno, Deborah Paul, Sara Menke, Stephen Wood, Patricia Demsky, Bonnie Borda Hoffecker, Leslie Danihel, Judith Bishop, Patricia Adams, Linda Blevins, Anne Bowen, Karen Daly, Sherie Silva, Carol J. Thomsen, Barbara Williams, Janice Wright, Cynthia Wyett, Ted Zuend, Erin Barlow, Aubrie Bates, Karen Buck, Lenore Cafora-Nye, Nancy Davis, Gina Hall, Patricia Hartman, Janet Jones, Sharon McCallen, Lori McCleary, Earlene Miller, Jordan Neubauer, Donna Ruiz, Jennifer Russell, Connie J. Smith, Henri Stone, Joan Waldock, Karyn Werner, Nancy Weyhe, Linda Whimple, Mary Bean, Tracy Davis, Sylvia Dominguez-Curry, Linda Fitzgerald, Patti Flasch, Cynthia Hernandez, Patricia Hutson, Kaylyn Kardavani, Annie King, Jacque Lethbridge, Dale Ann Luzzi, Judy Molnar, Divya Narala, Joseph Njoroge, Jacqueline Ong, Kelly Osborne, Jenny Polek, Thelma Reindollar, Mayita Sanchez, Genet Sauer, Mark Sprinkle, Janet Stokes, Susan Sutton, Tracy Walters, Linda Waters, Amerika Young, Elise Sala, Roberto Lusanta Jr., Olivia M. Lloyd, Trinity Thom, Jamie Tierney, Cheryl Williams, Cindie Kusko, Dakota Fisher, Harle Glover, Carl Henry, Diane Hudson, David E.
κ2015 Statutes of Nevada, Page 3977 (FILE NUMBER 2, AR 2)κ
Trinity Thom, Jamie Tierney, Cheryl Williams, Cindie Kusko, Dakota Fisher, Harle Glover, Carl Henry, Diane Hudson, David E. Moore, Marcia Peterson, Karla Reed, Elizabeth Saenz and Susan Schmid.
________
Assembly Resolution No. 3Committee on Legislative Operations and Elections
FILE NUMBER 3
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 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.
________
Senate Resolution No. 1Senators Roberson and Ford
FILE NUMBER 4
Senate RESOLUTION — Adopting the Standing Rules of the Senate for the 78th Session of the Legislature.
Resolved by the Senate of the State of Nevada, That the Senate Standing Rules are hereby adopted for the 78th 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.
κ2015 Statutes of Nevada, Page 3978 (FILE NUMBER 4, SR 1)κ
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 or inability to discharge the duties of his or her office.
(b) If the President is unwilling to discharge the duties of his or her office, the Senate may, by majority vote of the Senate, call upon the President Pro Tempore to serve as the President. Upon such call, the President Pro Tempore has all the power and shall discharge all the duties of the President during his or her unwillingness to discharge the duties of his or her office.
(c) 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.
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) Recruit, interview, select, train and supervise all staff employed to assist with the work of the Senate.
(b) See that these employees perform their respective duties.
(c) Administer the daily business of the Senate, including the provision of staff to its committees.
(d) Adopt such administrative policies as the Secretary deems necessary to carry out the business of the Senate.
(e) Unless otherwise ordered by the Senate, transmit 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.
κ2015 Statutes of Nevada, Page 3979 (FILE NUMBER 4, SR 1)κ
3. The President and the Secretary are authorized to make any necessary corrections and additions to the final Journal, Daily History and committee minutes of the Senate.
Rule No. 4. Sergeant at Arms.
1. The Sergeant at Arms shall:
(a) Attend the Senate during its sittings, and execute its commands and all process issued by its authority.
(b) Keep the secrets of the Senate.
(c) Superintend the upkeep of the Senates Chamber, private lounge and meeting rooms for committees.
2. The Sergeant at Arms is responsible to the Majority Leader.
Rule No. 5. Deputy Sergeant at Arms and Assistant Sergeants at Arms.
The Deputy Sergeant at Arms and Assistant Sergeants at Arms shall serve as doorkeepers and shall preserve order in the Senate Chamber and shall assist the Sergeant at Arms. The Deputy Sergeant at Arms and Assistant Sergeants at Arms shall keep the secrets of the Senate. In the event that the Sergeant at Arms is incapacitated or absent for any reason, the Deputy Sergeant at Arms shall serve as the Sergeant at Arms until the incapacity or absence has ended.
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.
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.
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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.
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?
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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.
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.
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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
(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.
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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.
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.
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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.
The next rule is 40.
V. LEGISLATIVE BODIES
Rule No. 40. Standing and Select Committees.
1. The Majority Leader shall determine the majority-minority party composition of all standing and select committees. Appointments to committees shall be made by the Majority Leader for the majority party members and by the Minority Leader for the minority party members. The Majority Leader shall designate the chair and vice chair of all standing and select committees.
2. The Majority Leader shall refer prefiled bills and resolutions to committee, subject to ratification by a majority vote of the Senate once the Senate is organized and ready for business.
3. Except as otherwise provided in subsection 4, 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.
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(b) Education, seven 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, 37 and 48 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, the Tahoe Regional Planning Compact and the Tahoe Regional Planning Agency, 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, chapters 439-442 of NRS, NRS 444.002-444.430 and chapters 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, 475, 719 and 721 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, 45-47, 49 and 50 of NRS, chapters 383 and 407 of NRS, NRS 444.435-444.650 and chapters 444A-445D, 459, 488, 581, 582 and 586-590 of NRS, and the Tahoe Regional Planning Compact and the Tahoe Regional Planning Agency, 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, 231A 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.
4. 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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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.
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 members present.
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 majority vote of the Senate, and at least one days notice of the motion therefor.
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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 chair of 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. 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.
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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.
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:
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1. To adjourn.
2. For a call of the Senate.
3. To recess.
4. To lay on the table.
5. For the previous question.
6. To postpone to a day certain.
7. To refer to committee.
8. To amend.
9. To postpone indefinitely.
Κ The first three motions shall be decided without debate, and a motion to lay on the table without question or debate.
Rule No. 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 has precedence over a motion to refer to committee or to amend. If a motion to strike out the enacting clause of a bill is carried, the bill is rejected.
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.
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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.
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.
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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 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.
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.
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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.
The contents of any petition shall be briefly stated by the President or any Senator presenting it. It shall then lie on the table or be referred, as the President or Senate may direct.
Rule No. 98. Reserved.
Rule No. 99. Reserved.
Rule No. 100. Reserved.
Rule No. 101. Reserved.
Rule No. 102. Objection to Reading of Paper.
Where the reading of any paper is called for, and is objected to by any Senator, it shall be determined by a vote of the Senate, and without debate.
Rule No. 103. Questions Relating to Priority of Business.
All questions relating to the priority of business shall be decided without debate.
B. Bills and Resolutions
Rule No. 104. Reserved.
Rule No. 105. Reserved.
Rule No. 106. Skeleton Bills.
Skeleton bills may be introduced after the beginning of a session when, in the opinion of the sponsor and the Legislative Counsel, the full drafting of the bill would entail extensive research or be of considerable length. A skeleton bill will be a presentation of ideas or statements of purpose, sufficient in style and expression to enable the Legislature and the committee to which the bill may be referred to consider the substantive merits of the legislation proposed.
Rule No. 107. Information Concerning Bills.
1. Bills introduced may be accompanied by information relative to witnesses and selected persons of departments and agencies who should be considered for committee hearings on the proposed legislation. At the time of or after introduction of a bill, a list of witnesses who are proponents of the bill together with their addresses and telephone numbers may be given to the secretary of the committee to which the bill is referred. This information may be provided by:
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(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, without question or debate. A bill or joint resolution so removed must be immediately placed on the Second Reading File for consideration in the usual order of business.
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.
κ2015 Statutes of Nevada, Page 3994 (FILE NUMBER 4, SR 1)κ
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
(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.
3. If a Senator makes a request to have his or her name added or removed as a sponsor of a bill or resolution that was introduced in the Senate, the request must be entered in the Journal.
4. If a Senator who is the only sponsor of a bill or resolution that was introduced in the Senate removes his or her name from the bill or resolution while the bill is in the Senate and no other Senator adds his or her name as the sponsor of the bill or resolution at the time of the request for removal, no further action on the bill or resolution is allowed for that legislative session.
κ2015 Statutes of Nevada, Page 3995 (FILE NUMBER 4, SR 1)κ
her name as the sponsor of the bill or resolution at the time of the request for removal, no further action on the bill or resolution is allowed for that legislative session.
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. Joint resolutions addressed to Congress, or to either House thereof, or to the President of the United States, or the heads of any of the national departments, or proposing amendments to the State Constitution are subject, in all respects, to the foregoing rules governing the course of bills.
2. A joint resolution proposing an amendment to the Constitution must be entered in the Journal in its entirety.
κ2015 Statutes of Nevada, Page 3996 (FILE NUMBER 4, 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.
κ2015 Statutes of Nevada, Page 3997 (FILE NUMBER 4, SR 1)κ
Rule No. 125. Special Order of Business.
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.
κ2015 Statutes of Nevada, Page 3998 (FILE NUMBER 4, SR 1)κ
any hearing before the Senate or a committee thereof which purport to establish matters of fact, they must be made under oath. Strict rules of evidence do not apply.
3. The contestant has the burden of proving that any irregularities shown were of such nature as to establish the probability that the result of the election was changed thereby. After consideration of all the evidence, the Senate shall declare the defendant elected unless the Senate finds from the evidence that a person other than the defendant received the greatest number of legal votes, in which case the Senate shall declare that person elected.
The next rule is 140.
IX. LEGISLATIVE INVESTIGATIONS
Rule No. 140. Compensation of Witnesses.
Witnesses summoned to appear before the Senate, or any of its committees, shall be compensated as provided by law for witnesses required to attend in the courts of the State of Nevada.
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Senate Resolution No. 2Senators Roberson and Ford
FILE NUMBER 5
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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κ2015 Statutes of Nevada, Page 3999κ
Senate Resolution No. 3Senators Roberson and Ford
FILE NUMBER 6
Senate RESOLUTION — Recognizing the appointment of the Senate session staff.
Resolved by the Senate of the State of Nevada, That the following persons are elected staff of the Senate for the 78th Session of the Legislature of the State of Nevada: Michael Archer, Lowell Wayne Archer III, Sherwood Atkinson, Matthew Baker, Julia Barker, Martha Barnes, Lynn Berry, Stella Blood, Jan Brase, Colleen Brennan, Lauren Brooks, Debra Burns, Ardyss Canon, Debra Carmichael, Sharon Carter, Marie Cavin, Emily Cervi, Jackie Cheney, Cynthia Clampitt, Eddie Cordisco Jr., Patricia Devereux, Lona Domenici, Suzanne Efford, Catherine Erskine, Gayle Farley, Linda Fehr, Angelica Renee Fletcher, Susan Gaither, Laureen Garcia, Linda Gentry, Jason Gortari, Cassandra Grieve, Shelle Grim-Brooks, Jeanne Harrington-Lloyd, Nate Hauger, Nate Helton, Lynn Hendricks, Gail Herstead, Linda Hiller, Joyce Hollister, Barbara Honey, Miranda Hoover, Judy Jackson, Haley Johnson, Diana Jones, Lynette Jones, Betty Kaminski, Shelley Kyle, Tammy Lubich, John Lukens, Roger Malone, Lezlie Mayville, Susan McArthur, Ann McCarthy, Marilyn McElhany, Emily McIlveene, Toshi McIntosh, Janet Meredith, Robert Milby, Terri Miller, Christine Miner, Arzella Moots, Tamara Nash, Julie Newman, Trish OFlinn, Blayne Osborn, Jennifer Pearce, Ciria Perez, Teri Peterson, Gena Plummer, Jodi Poley, Alise Porto, Steve Pozzi, Gayle Rankin, Michael Rashmir, Beth Reykers, Tony Rivano, Sherry Lee Rodriguez, Scott Sabraw, Paul Selberg, Jean Spell, Jerry Stacy, Kathleen Swain, Elizabeth Teixeira, Maria Vega, Darlene Velicki, Ellen Walls, Norman Wessel, Connie Westadt, Todd Westergard, Susan Whitford, Mike Wiley, Jeanine M. Wittenberg and Cinthia Zermeno.
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Assembly Concurrent Resolution No. 1Committee on Legislative Operations and Elections
FILE NUMBER 7
Assembly Concurrent RESOLUTION — Adopting the Joint Standing Rules of the Senate and Assembly for the 78th 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 78th Session of the Legislature are hereby adopted as follows:
κ2015 Statutes of Nevada, Page 4000 (FILE NUMBER 7, ACR 1)κ
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.
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. 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.
κ2015 Statutes of Nevada, Page 4001 (FILE NUMBER 7, ACR 1)κ
NOTICE OF FINAL ACTION
Rule No. 3. Communications.
Each House shall communicate its final action on any bill or resolution, or matter in which the other may be interested, by written notice. Each such notice sent by the Senate must be signed by the Secretary of the Senate, or a person designated by the Secretary. Each such notice sent by the Assembly must be signed by the Chief Clerk of the Assembly, or a person designated by the Chief Clerk.
BILLS AND JOINT RESOLUTIONS
Rule No. 4. Signature.
Each enrolled bill or joint resolution shall be presented to the presiding officers of both Houses for signature. They shall, after an announcement of their intention to do so is made in open session, sign the bill or joint resolution and their signatures shall be followed by those of the Secretary of the Senate and Chief Clerk of the Assembly.
Rule No. 5. Joint Sponsorship.
1. A bill or resolution introduced by a standing committee of the Senate or Assembly may, at the direction of the 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.
κ2015 Statutes of Nevada, Page 4002 (FILE NUMBER 7, ACR 1)κ
4. Upon introduction, any bill or resolution that sets forth the names of primary joint sponsors or non-primary joint sponsors, or both, must be numbered in the same numerical sequence as other bills and resolutions of the same House of origin are numbered.
5. Once a bill or resolution has been introduced, a primary joint sponsor or non-primary joint sponsor may only be added or removed by amendment of the bill or resolution. An amendment which proposes to add or remove a primary joint sponsor or non-primary joint sponsor must not be considered by the House of origin of the amendment unless a statement requesting the addition or removal is attached to the copy of the amendment submitted to the front desk of the House of origin of the amendment. If the amendment proposes to add or remove a Legislator as a primary joint sponsor or non-primary joint sponsor, the statement must be signed by that Legislator. If the amendment proposes to add or remove a standing committee as a joint sponsor, the statement must be signed by the 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 Internet 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.
κ2015 Statutes of Nevada, Page 4003 (FILE NUMBER 7, ACR 1)κ
2. A concurrent resolution must be used to:
(a) Amend these Joint Standing Rules, which requires a majority vote of each House for adoption.
(b) Request the return from the Governor of an enrolled bill for further consideration.
(c) Request the return from the Secretary of State of an enrolled joint or concurrent resolution for further consideration.
(d) Resolve that the return of a bill from one House to the other House is necessary and appropriate.
(e) Express facts, principles, 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.
Rule No. 8. Reserved.
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.
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.
κ2015 Statutes of Nevada, Page 4004 (FILE NUMBER 7, ACR 1)κ
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.
Κ If the members of the minority party in the Senate or in the Assembly comprise more than one-third of the total number elected to that House, minority party membership for that House on the Commission must be three, being equal to the membership of the majority party.
2. Each House shall select one or more alternate members for each member from that House, designating them according to party or according to the individual member whom the alternate would replace.
3. A vacancy in the regular Senate or Assembly membership created by death or by resignation or by the Legislators ceasing to be a member of the Legislature shall be filled by the proper alternate member as designated by that House. If there is no proper alternate member, the Legislative Commission shall fill the vacancy by appointing a Senator or Assemblyman 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.
κ2015 Statutes of Nevada, Page 4005 (FILE NUMBER 7, ACR 1)κ
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.
REAPPORTIONMENT AND REDISTRICTING
Rule No. 13. Responsibility for Measures.
The Committee on Legislative Operations and Elections of the Senate and the Committee on Legislative Operations and Elections of the Assembly are respectively responsible for measures which primarily affect the designation of the districts from which members are elected to the Legislature. These committees are hereby designated as the redistricting committees for the purposes of this Rule and Joint Standing Rules Nos. 13.1, 13.2, 13.3, 13.4 and 14.6.
Rule No. 13.1. Population Database.
1. The total state population, and the population of defined subunits thereof, as determined by the 2010 federal decennial census must be the exclusive database for redistricting by the Nevada Legislature.
2. Such 2010 census data, as validated by the staff of the Legislative Counsel Bureau, must be the exclusive database used for the evaluation of proposed redistricting plans for population equality.
Rule No. 13.2. Districts.
All district boundaries created by a redistricting plan must follow the census geography as nearly as practicable.
κ2015 Statutes of Nevada, Page 4006 (FILE NUMBER 7, ACR 1)κ
Rule No. 13.3. Bill Draft Requests; Exemptions.
1. Except for emergency requests submitted pursuant to Joint Standing Rule No. 14.4, bill draft requests, including bills in skeletal form, setting forth specific boundaries of districts and amendments thereto may only be requested by the chairs of the redistricting committees.
2. All bill drafts and measures requested by a redistricting committee pursuant to subsection 1 are exempt pursuant to subsection 4 of Joint Standing Rule No. 14.6.
Rule No. 13.4. Compliance with the Voting Rights Act.
1. A redistricting committee will not consider a plan that the redistricting committee determines is a violation of section 2 of the Voting Rights Act, 42 U.S.C. § 1973(a), which prohibits any state from imposing any voting qualification, standard, practice or procedure that results in the denial or abridgment of any United States citizens right to vote on account of race, color or status as a member of a language minority group.
2. A redistricting committee will not consider a plan that the redistricting committee determines is racially gerrymandered. Racial gerrymandering exists when:
(a) Race is the dominant and controlling rationale in drawing district lines; and
(b) The Legislature subordinates traditional districting principles to racial considerations.
3. For the purpose of analyzing the 2010 census data, the redistricting committees shall adopt the method set forth in the Office of Management and Budget (OMB) Bulletin No. 00-02 for aggregating and allocating the 63 categories of race data that was reported to Nevada in 2011 by the United States Census Bureau as part of the federal decennial census.
LIMITATIONS ON INTRODUCTION AND REQUESTS FOR DRAFTING OF LEGISLATIVE MEASURES
Rule No. 14. Limitations on Drafting and Requirements for Introduction; Indication of Requester on Committee Introductions.
1. Except as otherwise provided in subsection 3 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 60 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.
2. 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.
κ2015 Statutes of Nevada, Page 4007 (FILE NUMBER 7, ACR 1)κ
3. 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.
4. 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.
5. 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.
6. Resolutions requested by or on behalf of a standing committee may be introduced by an individual member.
7. A Legislator may not change the subject matter of a request for a legislative measure after it has been submitted for drafting.
Rule No. 14.1. Secondary Deadline 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 standing committee of the Assembly or Senate on or before the 15th calendar day of the legislative session pursuant to subsection 1 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.
2. 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.
3. 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 as the chair of a standing committee who is or will be serving during the legislative session.
4. 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
κ2015 Statutes of Nevada, Page 4008 (FILE NUMBER 7, ACR 1)κ
(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.
(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 paragraph 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 Senate Committee on Finance or the Assembly Committee on Ways and Means and only if the bill is exempt pursuant to subsection 1 of Joint Standing Rule No. 14.6.
κ2015 Statutes of Nevada, Page 4009 (FILE NUMBER 7, ACR 1)κ
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 Senate Committee on Finance or the Assembly 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.
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 subsection 1 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 and 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 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.
κ2015 Statutes of Nevada, Page 4010 (FILE NUMBER 7, ACR 1)κ
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.
(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 Committee on Finance 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 subsection 1 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 Committee on Finance 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.
κ2015 Statutes of Nevada, Page 4011 (FILE NUMBER 7, ACR 1)κ
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.
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 subsection 1 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.
(d) A bill draft or measure requested pursuant to subsection 1 of Joint Standing Rule No. 13.3.
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.
κ2015 Statutes of Nevada, Page 4012 (FILE NUMBER 7, ACR 1)κ
DATE OF FIRST JOINT BUDGET HEARING
Rule No. 17. Requirement.
The first joint meeting of the Senate Standing Committee on Finance and the Assembly Standing Committee on Ways and Means to consider the budgets of the agencies of the State must be held on or before the 92nd calendar day of the regular session.
CRITERIA FOR REVIEWING BILLS THAT REQUIRE POLICIES OF HEALTH INSURANCE TO PROVIDE COVERAGE FOR CERTAIN TREATMENT OR SERVICES
Rule No. 18. Topics of Consideration.
Any standing committee of the Senate or Assembly to which a bill is referred requiring a policy of health insurance delivered or issued for delivery in this State to provide coverage for any treatment or service shall review the bill giving consideration to:
1. The level of public demand for the treatment or service for which coverage is required and the extent to which such coverage is needed in this State;
2. The extent to which coverage for the treatment or service is currently available;
3. The extent to which the required coverage may increase or decrease the cost of the treatment or service;
4. The effect the required coverage will have on the cost of obtaining policies of health insurance in this State;
5. The effect the required coverage will have on the cost of health care provided in this State; and
6. Such other considerations as are necessary to determine the fiscal and social impact of requiring coverage for the treatment or service.
INTERIM FINDINGS AND RECOMMENDATIONS OF LEGISLATIVE COMMITTEES
Rule No. 19. Date for Reporting.
Each legislative committee that adopted any findings or recommendations during the interim since the last regular session of the Legislature shall, not 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.
κ2015 Statutes of Nevada, Page 4013 (FILE NUMBER 7, ACR 1)κ
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 of 1964, 42 U.S.C. §§ 2000e et seq., for the purposes of this Rule, sexual harassment means unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature when:
(a) Submission to such conduct is made either explicitly or implicitly a term or condition of a persons employment;
(b) Submission to or rejection of such conduct by a person is used as the basis for employment decisions affecting the person; or
(c) Such conduct has the purpose or effect of unreasonably interfering with a persons work performance or creating an intimidating, hostile or offensive working environment.
3. Each Legislator must exercise his or her own good judgment to avoid engaging in conduct that may be perceived by others as sexual harassment. The following noninclusive list provides illustrations of conduct that the Legislature deems to be inappropriate:
(a) Verbal conduct such as epithets, derogatory comments, slurs or unwanted sexual advances, invitations or comments;
(b) Visual conduct such as derogatory posters, photography, cartoons, drawings or gestures;
(c) Physical conduct such as unwanted touching, blocking normal movement or interfering with the work directed at a person because of his or her sex; and
(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.
κ2015 Statutes of Nevada, Page 4014 (FILE NUMBER 7, ACR 1)κ
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.
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.
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κ2015 Statutes of Nevada, Page 4015κ
Assembly Concurrent Resolution No. 2Assemblymen Hambrick and Kirkpatrick
Joint Sponsors: Senators Roberson and Ford
FILE NUMBER 8
ASSEMBLY Concurrent RESOLUTION — Providing for the voluntary transfer of a portion of Legislators salaries to the State General Fund.
Whereas, The State of Nevada continues to address the impacts of the recent prolonged national recession on Nevadas economy; and
Whereas, To meet its constitutional duty to balance the States budget for the 2013-2015 biennium, the 77th Regular Session of the Nevada Legislature was required to make difficult decisions, including, without limitation, transferring the balance in the Account to Stabilize the Operation of the State Government to the State General Fund and imposing furlough requirements on state employees which amounted to a 2.3 percent reduction in 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 78th Regular Session of the Nevada Legislature pledge to voluntarily take a comparable 2.3 percent reduction of their salaries for the 78th Regular Session of the Nevada Legislature; now, therefore, be it
Resolved by the Assembly of the State of Nevada, the Senate Concurring, That the Legislature hereby directs the Accounting Unit of the Legislative Counsel Bureau to withhold 2.3 percent of each Legislators salary for the 78th 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
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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κ2015 Statutes of Nevada, Page 4016κ
Assembly Resolution No. 4Committee on Legislative Operations and Elections
FILE NUMBER 9
Assembly RESOLUTION — Providing for the appointment of an additional attache for the Assembly.
Resolved by the Assembly of the State of Nevada, That Tara Sandoval is elected as an additional attache of the Assembly for the 78th Session of the Nevada Legislature.
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Assembly Joint Resolution No. 3Committee on Natural Resources, Agriculture, and Mining
FILE NUMBER 10
Assembly Joint RESOLUTION — Urging Congress to facilitate the payment of contractors who completed hazardous fuels treatment projects in the Lake Tahoe Basin pursuant to contracts with the Nevada Fire Safe Council.
Whereas, In 1999, Northern Nevada experienced one of the worst wildfire years on record, with more than 1.6 million acres burned and significant economic and environmental impacts; and
Whereas, In the spring of 1999, a resolution was approved at Nevadas first comprehensive fire conference, known as the Living With Fire Forum, which urged the establishment of a statewide council to provide support to make homes, neighborhoods and communities in Nevada safe from fire; and
Whereas, The Nevada Fire Safe Council was formed as a domestic nonprofit corporation on December 10, 1999, and received appropriations from the Nevada Legislature in 2005 and 2007 to administer a community-based wildfire threat reduction program; and
Whereas, By March 2007, the Council had grown to include 60 affiliated chapters and 3,515 members; and
Whereas, The Angora Fire in the summer of 2007 burned more than 250 structures on private property and more than 3,000 acres in the Lake Tahoe Basin, and further amplified the existing need for mitigation work to reduce the threat of wildfire in communities; and
Whereas, Between 2008 and 2012, the Council was awarded over $21 million in federal reimbursement grants to be used to pay public and private entities for the completion of hazardous fuels treatment projects; and
Whereas, In July 2011, the Office of Inspector General of the United States Department of Agriculture initiated an audit of the Councils records after receiving a complaint on its hotline alleging that the Council was awarding certain contracts in a noncompetitive manner; and
Whereas, The audit report issued by the Inspector General in January 2012 indicated various accounting irregularities in the Councils administration of the federal reimbursement grant money and resulted in the freezing of reimbursement payments of that grant money for completed projects until the accounting deficiencies were corrected; and
κ2015 Statutes of Nevada, Page 4017 (FILE NUMBER 10, AJR 3)κ
freezing of reimbursement payments of that grant money for completed projects until the accounting deficiencies were corrected; and
Whereas, In November 2012, the Council filed for bankruptcy and ceased operations; and
Whereas, As a result of the freezing of reimbursement payments and the Councils bankruptcy, various public and private entities that had completed hazardous fuels treatment projects in the Lake Tahoe Basin pursuant to agreements with the Council have not been paid for their services, which has caused significant economic hardship to those entities; and
Whereas, On March 20, 2014, California Assemblyman Brian Dahle and his staff were joined by staff from the offices of United States Representatives Doug LaMalfa and Tom McClintock to share their concerns about the outstanding debts of the Council and to explore solutions with
Nevadas Legislative Committee for the Review and Oversight of the Tahoe Regional Planning Agency and the Marlette Lake Water System; and now, therefore, be it
Resolved by the Assembly and Senate of the State of Nevada, Jointly, That the members of the 78th Session of the Nevada Legislature hereby urge Congress to facilitate the payment of contractors who completed hazardous fuels treatment projects in the Lake Tahoe Basin pursuant to contracts with the Nevada Fire Safe Council; and be it further
Resolved, That the Chief Clerk of the Assembly prepare and transmit a copy of this resolution to the Attorney General of the United States, the Chief of the United States Forest Service, the Director of the Bureau of Land Management, 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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Senate Concurrent Resolution No. 3Senators Roberson and Ford
Joint Sponsors: Assemblymen Hambrick and Kirkpatrick
FILE NUMBER 11
Senate Concurrent RESOLUTION — Temporarily suspending subparagraph (1) of paragraph (d) of subsection 1 of Joint Standing Rule No. 14.2.
Resolved by the Senate of the State of Nevada, the Assembly Concurring, That subparagraph (1) of paragraph (d) of subsection 1 of Joint Standing Rule No. 14.2 is hereby temporarily suspended and the last day for introduction of a bill or joint resolution that was requested by a Legislator is the 44th calendar day of the 78th Regular Session of the Legislature.
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κ2015 Statutes of Nevada, Page 4018κ
Assembly Resolution No. 5Committee on Legislative Operations and Elections
FILE NUMBER 12
Assembly RESOLUTION — Providing for the appointment of an additional attache for the Assembly.
Resolved by the Assembly of the State of Nevada, That Edward Gonzalez is elected as an additional attache of the Assembly for the 78th Session of the Nevada Legislature.
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Assembly Concurrent Resolution No. 3Assemblymen Elliot Anderson, Kirkpatrick, Hambrick, Paul Anderson, Bustamante Adams; Araujo, Armstrong, Benitez-Thompson, Carlton, Carrillo, Diaz, Dickman, Dooling, Edwards, Ellison, Fiore, Flores, Gardner, Hansen, Hickey, Joiner, Jones, Kirner, Moore, Munford, Neal, Nelson, Ohrenschall, ONeill, Oscarson, Seaman, Shelton, Silberkraus, Spiegel, Sprinkle, Stewart, Swank, Thompson, Titus, Trowbridge, Wheeler and Woodbury
Joint Sponsors: Senators Spearman, Ford, Roberson, Brower, Woodhouse; Atkinson, Denis, Farley, Goicoechea, Gustavson, Hammond, Hardy, Harris, Kieckhefer, Kihuen, Lipparelli, Manendo, Parks, Segerblom, Settelmeyer and Smith
FILE NUMBER 13
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 Enduring Freedom, Operation Iraqi Freedom, Operation New Dawn, Operation Inherent Resolve and Operation Freedoms Sentinel, 6,832 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 sacrifices; and
Whereas, While the members of the Armed Forces of the United States, including the members of Nevadas National Guard, continue to risk their lives and protect the interests of our country, the State of Nevada has not lost one of its own since January 2012; now, therefore, be it
Resolved by the Assembly of the State of Nevada, the Senate Concurring, That we must continue to honor every American who served and those who are still serving, and extend our heartfelt condolences to the Nevada friends and family members of those who made the ultimate sacrifice; and be it further
κ2015 Statutes of Nevada, Page 4019 (FILE NUMBER 13, ACR 3)κ
and those who are still serving, 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 while we are grateful that no more Nevadans have been lost to the Global War on Terrorism, we continue to honor the fifty-six Nevadans who we have recognized in previous legislative sessions; and be it further
Resolved, That we pause to reflect on the supreme sacrifice of the fifty-six Nevadans who have given their lives in the pursuit of freedom as well as those who continue to serve our country in the name of freedom; and be it further
Resolved, That the Chief Clerk of the Assembly prepare and transmit a copy of this resolution to Kat Miller, Director of the Department of Veterans Services, and additional copies of this resolution to Kat Miller for provision to Nevadas veterans services organizations in recognition of their commitment to the men and women who served, and continue to serve, in the Armed Forces of the United States.
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Assembly Resolution No. 6Committee on Legislative Operations and Elections
FILE NUMBER 14
Assembly RESOLUTION — Providing for the appointment of additional attaches for the Assembly.
Resolved by the Assembly of the State of Nevada, That Laurie Ault and Janel Davis are elected as additional attaches of the Assembly for the 78th Session of the Nevada Legislature.
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Senate Concurrent Resolution No. 7Committee on Finance
FILE NUMBER 15
Senate Concurrent RESOLUTION — Authorizing the State Public Works Division of the Department of Administration to receive and use federal grant money for the demolition of the field maintenance shop at the Nevada National Guard Henderson Armory.
Whereas, NRS 341.121 requires the State Public Works Division of the Department of Administration to receive approval from the Legislature, when the Legislature is in session, to receive and use grants of money under the authority of chapter 341 of NRS for the construction costs on public buildings or projects for which no appropriation has been made by the Legislature; and
κ2015 Statutes of Nevada, Page 4020 (FILE NUMBER 15, SCR 7)κ
Whereas, The State Public Works Division has requested approval for the receipt and use of federal grant money for the demolition of the field maintenance shop at the Nevada National Guard Henderson Armory; and
Whereas, Section H-38 of Army Regulation 420-1 sets forth the Army Disposal/Demolition Program which requires, with certain exceptions, the disposal of one square foot of existing facilities to offset each square foot of new construction added to Army installations; and
Whereas, As a result of the Program, the field maintenance shop at the Nevada National Guard Henderson Armory is scheduled to be demolished to offset the new field maintenance shop constructed at the Las Vegas Readiness Center of the Nevada National Guard, which is a capital improvement project for the Office of the Military originally authorized in 2009; now, therefore, be it
Resolved by the Senate of the State of Nevada, the Assembly Concurring, That the Legislature hereby approves the receipt and use of $111,000 in federal grant money by the State Public Works Division of the Department of Administration for the demolition of the field maintenance shop at the Nevada National Guard Henderson Armory; and be it further
Resolved, That the Secretary of the Senate prepare and transmit a copy of this resolution to the Administrator of the State Public Works Division of the Department of Administration.
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Senate Resolution No. 4Senators Roberson, Ford; Atkinson, Brower, Denis, Farley, Goicoechea, Gustavson, Hammond, Hardy, Harris, Kieckhefer, Kihuen, Lipparelli, Manendo, Parks, Segerblom, Settelmeyer, Smith, Spearman and Woodhouse
FILE NUMBER 16
Senate RESOLUTION — Inducting Dean Rhoads 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, Dean A. Rhoads was born in Tonasket, Washington, received his bachelor of science degree in agriculture business management from California State Polytechnic College and married Sharon Packer of Elko County, Nevada, and together they worked on her familys ranch near Tuscarora and raised two daughters, Shammy and Chandra; and
Whereas, Dean Rhoads was first elected to serve in the Nevada Assembly in 1976, where he served for 6 years until 1982, and was then elected to serve in the Nevada Senate in 1984 where he served for 28 years representing rural Nevada and his lengthy tenure in the Senate makes him one of the longest serving Nevada Senators in this State; and
Whereas, Senator Dean Rhoads served on six different standing committees in the Senate including the Committee on Finance (16 years), the Committee on Commerce and Labor (12 years), the Committee on Government Affairs (4 years), the Committee on Transportation (10 years, with 4 years as Chair), the Committee on Taxation (16 years, with 2 years as Chair), the Committee on Natural Resources (26 years, with 14 years as Chair), and he also served as Senate Majority Whip for 3 regular sessions and 6 special sessions between 2003 and 2008; and
κ2015 Statutes of Nevada, Page 4021 (FILE NUMBER 16, SR 4)κ
with 4 years as Chair), the Committee on Taxation (16 years, with 2 years as Chair), the Committee on Natural Resources (26 years, with 14 years as Chair), and he also served as Senate Majority Whip for 3 regular sessions and 6 special sessions between 2003 and 2008; and
Whereas, Senator Rhoads was the primary sponsor of numerous bills that were enacted and signed into law, including measures affecting local governments, Great Basin College, unappropriated public lands, public access to recreational land, public utilities, renewable energy resources, water and real estate disclosures, and of particular note were his bills concerning candidates for office, rangeland resource management, statewide initiative petitions and merit awards for certain state employees; and
Whereas, Senator Rhoads was the founding member and chair for 26 years of the Legislative Committee on Public Lands, which has made important contributions over the years on topics such as access to public lands, grazing fees, takings, wilderness designations, endangered species, wild horses and burros, historical roads and off-road vehicles, and, specifically, he helped enact legislation to reclaim the sovereignty of the State of Nevada over unappropriated public lands; and
Whereas, During his years of service in the Legislature, Senator Rhoads served on nearly 60 legislative study committees, statutory committees, subcommittees, task forces and advisory boards, and during the interim period between legislative sessions, he served on the Legislative Commission (4 years, with 2 years as Vice Chair), the Interim Finance Committee (22 years) and the Audit Subcommittee (10 years, with 4 years as Chair); now, therefore, be it
Resolved, by the Senate of the State of Nevada, That Dean A. Rhoads, who has dedicated years of his life to the service of the people of the State of Nevada, particularly the residents of rural Nevada, and served as a member of both the Nevada Senate and Assembly over a period of five decades from 1976 through 2012, is hereby inducted into the Senate Hall of Fame of the Legislature of the State of Nevada.
________
Senate Resolution No. 5Senators Roberson, Ford; Atkinson, Brower, Denis, Farley, Goicoechea, Gustavson, Hammond, Hardy, Harris, Kieckhefer, Kihuen, Lipparelli, Manendo, Parks, Segerblom, Settelmeyer, Smith, Spearman and Woodhouse
FILE NUMBER 17
Senate RESOLUTION — Inducting Terry Care into the Senate Hall of Fame.
Whereas, The Nevada State Senate established the Senate Hall of Fame to honor former Senators who served for a significant number of years, who served with distinction in leadership positions and who made exemplary contributions to the State of Nevada; and
Whereas, Terry John Care was born in Oklahoma City, Oklahoma, in 1947, grew up in Wichita, Kansas, and, after graduating from high school, entered the Armed Forces of the United States and served in the Vietnam War with bravery and distinction; and
κ2015 Statutes of Nevada, Page 4022 (FILE NUMBER 17, SR 5)κ
Whereas, Terry Care worked as a reporter for some time before he received his bachelor of arts degree in history and his juris doctor degree from the University of New Mexico, after which he worked for many years as an attorney at law in Las Vegas, Nevada; and
Whereas, After the birth of their daughter Diana, Terry Care and his wife Jenny became concerned with the funding for education, which prompted Terry Care to run for a seat in the Nevada Senate; and
Whereas, Terry Care was first elected to the Senate to represent Clark County in 1998, and served in that position until 2010, when he could no longer serve in that office because of constitutional term limits; and
Whereas, During his tenure in the Senate, Senator Care served in leadership positions as Assistant Majority Floor Leader and as Chair of the Senate Committee on Judiciary; and
Whereas, Senator Care served on various legislative committees, including as a member of the Senate Committee on Government Affairs, the Senate Committee on Taxation and the Senate Committee on Transportation, as well as numerous interim committees; and
Whereas, Senator Care was known for thoroughly preparing himself before each floor session, cooperating with other legislators and championing bills to increase the transparency of government and open public meetings, as well as sponsoring other important legislation; and
Whereas, The Legislative Commission appointed Senator Care in 1998 to the National Conference of Commissioners on Uniform State Laws where he still serves and has led a number of committees that have drafted uniform acts on a wide range of topics, over 40 of which have been adopted into Nevada law; now, therefore, be it
Resolved by the Senate of the State of Nevada, That Terry John Care, who has dedicated years of his life to the service of the people of the State of Nevada as a journalist, as an attorney at law and as a member of the Nevada State Senate for 12 years, 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 Roberson, Ford; Atkinson, Brower, Denis, Farley, Goicoechea, Gustavson, Hammond, Hardy, Harris, Kieckhefer, Kihuen, Lipparelli, Manendo, Parks, Segerblom, Settelmeyer, Smith, Spearman and Woodhouse
FILE NUMBER 18
Senate RESOLUTION — Inducting Randolph J. Townsend into the Senate Hall of Fame.
Whereas, The Nevada State Senate 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, Randolph J. Townsend was born in Los Angeles, California, on January 24, 1947, received his bachelor of science and master of education degrees from the University of Nevada, Reno; and
κ2015 Statutes of Nevada, Page 4023 (FILE NUMBER 18, SR 6)κ
Whereas, Randolph Townsend is married to his wife, Robyne and has worked as a small business owner, investor, advertising executive, automobile dealership executive and company president; and
Whereas, In 1982, Randolph Townsend was first elected to the Nevada Senate and served the people of this State for 28 years representing districts that included portions of the City of Reno, unincorporated Washoe County and Carson City; and
Whereas, Senator Townsend served as a member of the Legislative Commission for 22 years and as Chair of the Commission three times, served on the Senate Committee on Commerce and Labor for 26 years and as Chair of the Committee for 20 years (a Senate record) and served as a member of several other standing committees and on over 50 different legislative study committees, policy bodies and advisory committees; and
Whereas, Among his many notable accomplishments, Senator Townsend championed mental health reform and, in recognition of his dedication to that cause, the Dini-Townsend Hospital located in Sparks, Nevada, was named in his honor, and he was appointed by President George W. Bush to the New Freedom Commission on Mental Health; and
Whereas, Senator Townsend was also recognized for his outstanding work on behalf of workers who were injured on the job, helping to make Nevadas workers compensation system solvent and transparent, and was instrumental in leading the early effort for increased renewable energy and energy efficiency; and
Whereas, On April 28, 2010, nearing the end of his final term of office, Senator Townsend resigned from the Senate to accept an appointment by Governor Jim Gibbons to the prestigious Nevada Gaming Commission on which he still honorably serves; and
Whereas, Senator Townsend was a founding member of the Guinn Center for Policy Priorities in Las Vegas, Nevada, and is a member of Governor Brian Sandovals Behavioral Health and Wellness Council; now, therefore, be it
Resolved by the Senate of the State of Nevada, That Randolph J. Townsend will forever be remembered for his leadership and dedication to public service, for his indelible legislative accomplishments and for being an outstanding member of and positive driving force in the Nevada Senate for 28 years serving the people of this State and is hereby inducted into the Senate Hall of Fame of the Legislature of the State of Nevada.
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κ2015 Statutes of Nevada, Page 4024κ
Assembly Resolution No. 7Committee on Legislative Operations and Elections
FILE NUMBER 19
Assembly RESOLUTION — Providing for the appointment of an additional attache for the Assembly.
Resolved by the Assembly of the State of Nevada, That Bryan Baltazar is elected as an additional attache of the Assembly for the 78th Session of the Nevada Legislature.
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Senate Joint Resolution No. 11Senators Hammond, Goicoechea, Gustavson; and Settelmeyer
FILE NUMBER 20
Senate Joint RESOLUTION — Proposing to amend the Nevada Constitution to preserve the right to hunt, trap and fish in this State.
Legislative Counsels Digest:
This resolution proposes to amend the Nevada Constitution by adding a new section to Article 1 to preserve the right to hunt, trap and fish for residents of this State. This resolution provides that hunting, trapping and fishing are integral components of the management of wildlife in this State. This resolution further provides that the right to hunt, trap and fish does not: (1) create a right to trespass on private property; (2) affect certain existing rights related to water management or use; (3) diminish any other private right; (4) diminish the authority of a local government to regulate the use of real property owned, occupied or leased by the local government; or (5) prohibit the enactment or enforcement of any statute or regulation requiring a person to obtain a hunting, trapping or fishing license or requiring the revocation or suspension of a persons hunting, trapping or fishing license.
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 23, be added to Article 1 of the Nevada Constitution to read as follows:
Sec. 23. 1. The right to hunt, trap and fish, including by the use of any traditional method, shall be preserved for the residents of this State and managed through statutes and regulations which preserve that right and which promote the conservation and management of wildlife. Hunting, trapping and fishing of wildlife by members of the public is an important part of the heritage of this State and shall remain an integral component of the management of wildlife in this State.
2. This section does not:
(a) Create a right to trespass on private property;
(b) Affect any right to divert, appropriate or use water or establish any minimum amount of water in any body of water;
(c) Diminish any other private right;
κ2015 Statutes of Nevada, Page 4025 (FILE NUMBER 20, SJR 11)κ
(d) Diminish the authority of a local government to regulate the use of real property owned, occupied or leased by the local government; or
(e) Prohibit the enactment or enforcement of any statute or regulation requiring a person to obtain a hunting, trapping or fishing license or requiring the suspension or revocation of a persons hunting, trapping or fishing license.
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Senate Concurrent Resolution No. 8Senators Hammond; Atkinson, Brower, Denis, Farley, Ford, Goicoechea, Gustavson, Hardy, Harris, Kieckhefer, Kihuen, Lipparelli, Manendo, Parks, Roberson, Segerblom, Settelmeyer, Smith, Spearman and Woodhouse
Joint Sponsors: Assemblymen Kirkpatrick; Elliot Anderson, Paul Anderson, Araujo, Armstrong, Benitez-Thompson, Bustamante Adams, Carlton, Carrillo, Diaz, Dickman, Dooling, Edwards, Ellison, Fiore, Flores, Gardner, Hambrick, Hansen, Hickey, Joiner, Jones, Kirner, Moore, Munford, Neal, Nelson, Ohrenschall, ONeill, Oscarson, Seaman, Shelton, Silberkraus, Spiegel, Sprinkle, Stewart, Swank, Thompson, Titus, Trowbridge, Wheeler and Woodbury
FILE NUMBER 21
Senate Concurrent RESOLUTION — Commemorating the 30th anniversary of the sister-state relationship between the State of Nevada and Taiwan.
Whereas, On October 24, 1985, the State of Nevada invited Taiwan to join the State of Nevada as a sister state to strengthen international understanding and good will and to establish a greater friendship between the residents of Nevada and Taiwan; and
Whereas, As a token of this friendship, in 1991, the people of Taiwan presented the State of Nevada with two beautiful metal state seals which were placed prominently on the north and south exterior walls of the Legislative Building; and
Whereas, In 1993, The State of Nevada was honored by receiving as a gift five beautiful paintings by Professor James Yeh-Jau Liu and Professor Wang Chang-chieh which are displayed inside the Legislative Building; and
Whereas, Under the leadership of President Ma Ying-jeou, Taiwan has proposed an East China Sea Peace Initiative that encourages all parties concerned in the East and South China Sea territorial dispute to work jointly and peacefully to develop the region economically, reduce tensions through dialogue and seek consensus in establishing a code of conduct for the region; and
Whereas, For the past 30 years, the bonds of friendship between the State of Nevada and Taiwan have strengthened, resulting in a better understanding of the economic, social and cultural heritages of Nevada and Taiwan; now, therefore, be it
κ2015 Statutes of Nevada, Page 4026 (FILE NUMBER 21, SCR 8)κ
Resolved by the Senate of the State of Nevada, the Assembly Concurring, That the members of the 78th 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 Taiwan for 30 years of enlightenment, friendship and mutual economic growth as our sister state; and be it further
Resolved, That it is with great pride that the State of Nevada looks forward to many more rewarding years as a sister state with Taiwan; 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, California.
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Assembly Joint Resolution No. 2Committee on Natural Resources, Agriculture, and Mining
FILE NUMBER 22
Assembly Joint RESOLUTION — Urging the United States Congress and the United States Fish and Wildlife Service to take certain actions to reduce the impact of common ravens on the greater sage grouse and desert tortoise populations in this State.
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, 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.; 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, The desert tortoise (Gopherus agassizii) is a species of tortoise that inhabits the desert habitat of the southwestern United States, including the Mojave desert region of southern Nevada; and
Whereas, The desert tortoise is listed as a threatened species under the Endangered Species Act of 1973, 16 U.S.C. §§ 1531 et seq.; and
Whereas, The common raven (Corvus corax) is a species of bird that inhabits Nevada and much of the western United States, Mexico, Canada, Europe and Asia; and
Whereas, The International Union for Conservation of Nature estimates the global population of the common raven as greater than 16 million and trending upwards, thus classifying it as a species of least concern; and
κ2015 Statutes of Nevada, Page 4027 (FILE NUMBER 22, AJR 2)κ
Whereas, A known cause of decline in the sage grouse population is egg depredation by the common raven, and research conducted at Idaho State University has suggested that reductions in the raven population significantly increase sage grouse nest success; and
Whereas, The United States Fish and Wildlife Service has identified the common raven as the most highly visible predator of hatchling and juvenile desert tortoises, and research published by the Western Ecological Research Center of the United States Geological Survey recommends controlling certain raven populations to assist in the recovery of desert tortoise populations; and
Whereas, The common raven is a protected species under regulations adopted pursuant to the Migratory Bird Treaty Act of 1918, 16 U.S.C. §§ 703 et seq., which drastically curtails the ability of this State to manage the population of the common raven in order to protect sage grouse nests and desert tortoises; now, therefore, be it
Resolved by the Assembly and Senate of the State of Nevada, Jointly, That the members of the 78th Session of the Nevada Legislature urge the United States Congress to amend the Migratory Bird Treaty Act or take any other appropriate action to ensure that the common raven is not a protected species under that Act; and be it further
Resolved, That the members of the 78th Session of the Nevada Legislature urge the United States Fish and Wildlife Service to:
1. Work with the Nevada Department of Wildlife to decrease common raven populations in this State; and
2. Adopt regulations allowing the State of Nevada to manage the common raven population and reduce the number of common ravens 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 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 United States Fish and Wildlife Service, the President of the Nevada Cattlemens Association, the President of the Nevada Farm Bureau Federation, the Chair of the Sagebrush Ecosystem Council and the Executive Director of the Western Governors Association; and be it further
Resolved, That this resolution becomes effective upon passage.
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κ2015 Statutes of Nevada, Page 4028κ
Assembly Resolution No. 8Assemblymen Hambrick, Paul Anderson and Kirkpatrick
FILE NUMBER 23
Assembly RESOLUTION — Adding former Assemblyman Alan H. Glover to the Assembly Wall of Distinction.
Whereas, The Assembly of the Legislature of the State of Nevada has established a Wall of Distinction for those past members of the Assembly selected by leadership who served with great distinction and who made exemplary contributions to the State of Nevada; and
Whereas, Alan H. Glover was born in 1949 in Carson City, Nevada, to parents who held important positions in Nevadas Executive Branch of State Government; and
Whereas, After receiving his bachelor of arts degree in political science from the University of Nevada, Reno, Alan returned to Carson City where he was a private insurance agent early in his career; and
Whereas, Alan Glover, at 23 years of age, was elected to the Nevada Assembly in 1972 where he represented Carson City and served with distinction for the next 10 years until his election to the Nevada Senate in November 1982; and
Whereas, Assemblyman Glover served in the Assembly during an important period in history, which was marked by Americas Bicentennial in 1976, the end to the war in Vietnam, greatly improved relations between the United States and China and Nevadas emergence as the fastest growing state in the nation; and
Whereas, As a member of the Assembly, Alan Glovers service was highlighted by 8 years on the Assembly Committee on Ways and Means and his chairmanship of three standing committees: the Assembly Committee on Transportation in 1973 and 1975, the Assembly Committee on Legislative Functions in 1977 and the Assembly Committee on Elections in 1981; and
Whereas, Assemblyman Glover was the primary sponsor of numerous bills that were passed and signed into law, including personal and committee bills, and served on interim study committees that were indicative of his knowledge and expertise in many diverse topics, including studies on data processing, transportation, public housing, Nevadas judicial system, state highway maintenance, driving under the influence laws, access to public lands, state public works, local governments and workers compensation through private insurers; and
Whereas, Following his service in the Assembly, Alan served 3 years in the Senate until his appointment as Carson City Recorder in 1985 where he would continue to serve in that office, which later became the elected office of Carson City Clerk-Recorder, until his retirement in December 2014, thus giving the people of Nevada and his community a total of 38 years of quality elective service; and
Whereas, Alan Glover was honored with his appointment in November 2011 by the First Judicial District Court to serve as one of three Special Masters who prepared a nonpartisan plan of redistricting for the Representatives of Nevadas Congressional Delegation and the members of the Nevada State Legislature, a plan that remains in effect today; now, therefore, be it
κ2015 Statutes of Nevada, Page 4029 (FILE NUMBER 23, AR 8)κ
Resolved by the Assembly of the State of Nevada, That, for his 10 years of dedicated service to the Assembly and 28 years of service as a highly respected elected public officer of this State, former Assemblyman Alan H. Glover is hereby added to the Nevada 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 Assemblyman Alan H. Glover.
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Assembly Resolution No. 9Assemblymen Hambrick, Paul Anderson and Kirkpatrick
FILE NUMBER 24
Assembly RESOLUTION — Adding former Assemblywoman Peggy Pierce 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 of the Assembly selected by leadership who served with great distinction and who made exemplary contributions to the State of Nevada; and
Whereas, Margaret Comstock Peggy Pierce was born in 1954 in Milton, Massachusetts, the seventh of eight children, whose parents were active in the civil rights movement; and
Whereas, As a teenager, Peggy and her family lived in the Midwest, but by the early 1970s Peggy struck out on her own and moved to San Francisco, where she lived for 16 years, then moved to Las Vegas in 1988 to pursue her hopes of becoming a professional singer; and
Whereas, Peggy supported herself by working as a food server in a major hotel and later became an active labor representative on behalf of people who work in the culinary industry; and
Whereas, Peggy was first elected to the Nevada Assembly in November 2002 and served in leadership as Chief Deputy Whip in 2011 and Senior Chief Deputy Whip in 2013, with her committee work primarily focused on three standing committees: Government Affairs, Health and Human Services, and Taxation; and
Whereas, During her service, Assemblywoman Pierce was the primary sponsor of successful legislation concerning elder abuse, permanent total disabilities, employees of senior housing facilities, hospice care, motor vehicles, the protection of personal identifying information, statutory liens, fire protection, guardianships, recycling, safety in childrens products, prevailing wage, and warnings regarding the hazards of smoking during pregnancy; and
Whereas, In the interim period between legislative sessions, Assemblywoman Pierce served on a number of study committees and task forces, including the Advisory Board for the Nevada Task Force for Technological Crime, the Advisory Board on Maternal and Child Health, the Legislative Committee for Local Government Taxes and Finance, the Legislative Committee on Public Lands Subcommittee to Study Wilderness Areas and Wilderness Study Areas, the Legislative Committee on Health Care and the Legislative Committee for the Review and Oversight of the Tahoe Regional Planning Agency and the Marlette Lake Water System, which she also chaired; and
κ2015 Statutes of Nevada, Page 4030 (FILE NUMBER 24, AR 9)κ
and the Legislative Committee for the Review and Oversight of the Tahoe Regional Planning Agency and the Marlette Lake Water System, which she also chaired; and
Whereas, Peggy maintained particular interest and advocacy in all matters where the people were largely without a voice and was deeply committed to quality public education, clean energy, improved air quality, environmental protection, workers rights and womens issues; and
Whereas, Frustrated that Nevada continued to lag behind most other states in education and quality-of-life issues, Peggy zealously advocated measures that would increase the revenue needed to improve Nevadas rankings; and
Whereas, Peggy was first diagnosed with cancer near the start of her legislative career, survived three recurrences of the disease and courageously battled that foe through six regular and eight special sessions, including the last days of the 2013 Session of the Nevada Legislature, when the ravages of the disease forced her to work while confined to a wheelchair, where she continued to serve and vote on remaining legislative measures; and
Whereas, In the many tributes concerning the life of Peggy Pierce, a number of descriptions helped frame all that she was, descriptive words such as courageous, principled, thoughtful, dedicated, smart, passionate, tenacious, committed, compassionate and respected; and
Whereas, The legacy of Peggy Pierce will live on in those causes she believed in and fought for and in her dedication to enhance the lives of so many; now, therefore, be it
Resolved by the Assembly of the State of Nevada, That, for her many years of dedicated service to the Assembly, Assemblywoman Peggy Pierce is hereby added to the Assembly Wall of Distinction.
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Senate Resolution No. 7Senator Roberson
FILE NUMBER 25
Senate RESOLUTION — Adopting new Standing Rules of the Senate for the remainder of the 78th Session of the Legislature.
Whereas, Section 2 of Article 4 of the Nevada Constitution requires that each regular session of the Legislature adjourn sine die not later than midnight Pacific time at the end of the 120th consecutive calendar day of that session; and
Whereas, Given this constitutional mandate, the Standing Rules of the Senate must ensure that the Senate conducts its business as expeditiously and efficiently as possible; and
Whereas, The creation of a Senate Parliamentary Rules and Procedures Committee, similar to those in other legislative bodies, and the removal of procedural barriers to expeditious action will help to ensure the Senate completes its business within the constitutionally mandated time; now, therefore, be it
Resolved by the Senate of the State of Nevada, That the following Senate Standing Rules are hereby adopted for the remainder of the 78th Session of the Legislature as follows:
κ2015 Statutes of Nevada, Page 4031 (FILE NUMBER 25, SR 7)κ
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 or inability to discharge the duties of his or her office.
(b) If the President is unwilling to discharge the duties of his or her office, the Senate may, by majority vote of the Senate, call upon the President Pro Tempore to serve as the President. Upon such call, the President Pro Tempore has all the power and shall discharge all the duties of the President during his or her unwillingness to discharge the duties of his or her office.
(c) 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.
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.
κ2015 Statutes of Nevada, Page 4032 (FILE NUMBER 25, SR 7)κ
Rule No. 3. Secretary.
1. The Secretary of the Senate is elected by the Senate, and shall:
(a) Recruit, interview, select, train and supervise all staff employed to assist with the work of the Senate.
(b) See that these employees perform their respective duties.
(c) Administer the daily business of the Senate, including the provision of staff to its committees.
(d) Adopt such administrative policies as the Secretary deems necessary to carry out the business of the Senate.
(e) Unless otherwise ordered by the Senate, transmit 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.
3. The President and the Secretary are authorized to make any necessary corrections and additions to the final Journal, Daily History and committee minutes of the Senate.
Rule No. 4. Sergeant at Arms.
1. The Sergeant at Arms shall:
(a) Attend the Senate during its sittings, and execute its commands and all process issued by its authority.
(b) Keep the secrets of the Senate.
(c) Superintend the upkeep of the Senates Chamber, private lounge and meeting rooms for committees.
2. The Sergeant at Arms is responsible to the Majority Leader.
Rule No. 5. Deputy Sergeant at Arms and Assistant Sergeants at Arms.
The Deputy Sergeant at Arms and Assistant Sergeants at Arms shall serve as doorkeepers and shall preserve order in the Senate Chamber and shall assist the Sergeant at Arms. The Deputy Sergeant at Arms and Assistant Sergeants at Arms shall keep the secrets of the Senate. In the event that the Sergeant at Arms is incapacitated or absent for any reason, the Deputy Sergeant at Arms shall serve as the Sergeant at Arms until the incapacity or absence has ended.
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.
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:
κ2015 Statutes of Nevada, Page 4033 (FILE NUMBER 25, SR 7)κ
(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.
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.
κ2015 Statutes of Nevada, Page 4034 (FILE NUMBER 25, SR 7)κ
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. Senate Parliamentary Rules and Procedures Committee.
1. The Senate Parliamentary Rules and Procedures Committee consists of three members of the Senate appointed by the Majority Leader.
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 matter before the Committee.
3. The Committee shall meet and:
(a) Consider and recommend changes to the Senate Standing Rules; and
(b) Consider and approve or disapprove proposed amendments to legislative measures as provided in subsection 4.
4. Any Senator who desires to move to amend a legislative measure pursuant to subsection 2 of Senate Standing Rule No. 113 must first submit a copy of the proposed amendment to the Chair of the Committee not later than 10 a.m. on the legislative day on which the motion is to be made. The motion is in order only if the proposed amendment has been approved by the Committee.
5. The Chair may waive the deadline set forth in subsection 4 for the submission of amendments for consideration by the Committee upon good cause shown.
6. The Committee shall meet at the call of the Chair.
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Rule No. 23. Committee on Ethics; Legislative Ethics.
1. The Committee on Ethics consists of:
(a) Two members of the Senate appointed by the Majority Leader from the majority political party;
(b) One member of the Senate appointed by the Minority Leader from the minority political party; and
(c) Four qualified electors of the State, two of whom are appointed by the Majority Leader, one who is appointed by the Minority Leader, and one who is appointed by the other members appointed to the Committee, and none of whom is a present member of the Legislature or employed by the State of Nevada.
Κ Not more than four members of the Committee may be members of the same political party.
2. The Majority Leader shall appoint the Chair and Vice Chair of the Committee. The Vice Chair shall serve as the acting Chair if the Chair is unable to serve for any reason during the consideration of a specific question.
3. The Majority Leader shall appoint an alternate member with the qualifications set forth in paragraph (a) of subsection 1 and an alternate member with the qualifications set forth in paragraph (c) of subsection 1. The Minority Leader shall appoint an alternate member with the qualifications set forth in paragraph (b) of subsection 1 and an alternate member with the qualifications set forth in paragraph (c) of subsection 1. The members of the Committee shall appoint an alternate member with the qualifications set forth in paragraph (c) of subsection 1. If a member of the Committee is unable to serve for any reason during the consideration of a specific question, the alternate appointed with the qualifications from the same paragraph in subsection 1 by the same appointing authority shall serve as a member of the Committee during the consideration of the specific question.
4. A member of the Committee is disqualified to serve during the consideration of a specific question if:
(a) The member is the requester of advice concerning the question of ethics or conflict of interest, or the member is the subject of the complaint concerning the specific question; or
(b) A reasonable person in the members situation could not exercise independent judgment on the matter in question.
5. The 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.
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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
(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.
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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 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.
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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, 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.
The next rule is 40.
V. LEGISLATIVE BODIES
Rule No. 40. Standing and Select Committees.
1. The Majority Leader shall determine the majority-minority party composition of all standing and select committees. Appointments to committees shall be made by the Majority Leader for the majority party members and by the Minority Leader for the minority party members. The Majority Leader shall designate the chair and vice chair of all standing and select committees.
2. The Majority Leader shall refer prefiled bills and resolutions to committee, subject to ratification by a majority vote of the Senate once the Senate is organized and ready for business.
3. Except as otherwise provided in subsection 4, 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, seven 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, 37 and 48 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, the Tahoe Regional Planning Compact and the Tahoe Regional Planning Agency, state and local revenue and state and federal budget issues.
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adjudication of contested cases, the Tahoe Regional Planning Compact and the Tahoe Regional Planning Agency, 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, chapters 439-442 of NRS, NRS 444.002-444.430 and chapters 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, 475, 719 and 721 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, 45-47, 49 and 50 of NRS, chapters 383 and 407 of NRS, NRS 444.435-444.650 and chapters 444A-445D, 459, 488, 581, 582 and 586-590 of NRS, and the Tahoe Regional Planning Compact and the Tahoe Regional Planning Agency, 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, 231A 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.
4. 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.
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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.
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 members present.
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 majority 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.
κ2015 Statutes of Nevada, Page 4041 (FILE NUMBER 25, SR 7)κ
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 chair of 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. 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.
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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.
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 three motions shall be decided without debate, and a motion to lay on the table without question or debate.
κ2015 Statutes of Nevada, Page 4043 (FILE NUMBER 25, SR 7)κ
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 majority vote of the Senate.
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 has precedence over a motion to refer to committee or to amend. If a motion to strike out the enacting clause of a bill is carried, the bill is rejected.
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.
κ2015 Statutes of Nevada, Page 4044 (FILE NUMBER 25, SR 7)κ
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.
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 majority vote 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 majority vote 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.
κ2015 Statutes of Nevada, Page 4045 (FILE NUMBER 25, SR 7)κ
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 and shall be made available to the news media. This requirement of notice may be suspended for an emergency by the affirmative vote of a majority 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.
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.
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Rule No. 97. Petitions.
The contents of any petition shall be briefly stated by the President or any Senator presenting it. It shall then lie on the table or be referred, as the President or Senate may direct.
Rule No. 98. Reserved.
Rule No. 99. Reserved.
Rule No. 100. Reserved.
Rule No. 101. Reserved.
Rule No. 102. Objection to Reading of Paper.
Where the reading of any paper is called for, and is objected to by any Senator, it shall be determined by a vote of the Senate, and without debate.
Rule No. 103. Questions Relating to Priority of Business.
All questions relating to the priority of business shall be decided without debate.
B. Bills and Resolutions
Rule No. 104. Reserved.
Rule No. 105. Reserved.
Rule No. 106. Skeleton Bills.
Skeleton bills may be introduced after the beginning of a session when, in the opinion of the sponsor and the Legislative Counsel, the full drafting of the bill would entail extensive research or be of considerable length. A skeleton bill will be a presentation of ideas or statements of purpose, sufficient in style and expression to enable the Legislature and the committee to which the bill may be referred to consider the substantive merits of the legislation proposed.
Rule No. 107. Information Concerning Bills.
1. Bills introduced may be accompanied by information relative to witnesses and selected persons of departments and agencies who should be considered for committee hearings on the proposed legislation. At the time of or after introduction of a bill, a list of witnesses who are proponents of the bill together with their addresses and telephone numbers may be given to the secretary of the committee to which the bill is referred. This information may be provided by:
(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.
κ2015 Statutes of Nevada, Page 4047 (FILE NUMBER 25, SR 7)κ
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, without question or debate. A bill or joint resolution so removed must be immediately placed on the Second Reading File for consideration in the usual order of business.
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.
κ2015 Statutes of Nevada, Page 4048 (FILE NUMBER 25, SR 7)κ
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
(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.
3. If a Senator makes a request to have his or her name added or removed as a sponsor of a bill or resolution that was introduced in the Senate, the request must be entered in the Journal.
4. If a Senator who is the only sponsor of a bill or resolution that was introduced in the Senate removes his or her name from the bill or resolution while the bill is in the Senate and no other Senator adds his or her name as the sponsor of the bill or resolution at the time of the request for removal, no further action on the bill or resolution is allowed for that legislative session.
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.
κ2015 Statutes of Nevada, Page 4049 (FILE NUMBER 25, SR 7)κ
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. If the proposed amendment has first been submitted to the Chair of the Senate Parliamentary Rules and Procedures Committee and approved by the Committee as provided in Senate Standing Rule No. 22, any member may move to amend a legislative measure 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. Measures so amended on second reading must be treated the same as measures with committee amendments. Any measure so amended upon the General File must be reprinted and engrossed or reengrossed.
3. An appropriate number of copies of all amended measures 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. Joint resolutions addressed to Congress, or to either House thereof, or to the President of the United States, or the heads of any of the national departments, or proposing amendments to the State Constitution are subject, in all respects, to the foregoing rules governing the course of bills.
2. A joint resolution proposing an amendment to the Constitution must be entered in the Journal in its entirety.
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.
κ2015 Statutes of Nevada, Page 4050 (FILE NUMBER 25, SR 7)κ
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.
Rule No. 125. Special Order of Business.
The President shall call the Senate to order on the arrival of the time fixed for the consideration of a special order, and announce that the special order is before the Senate, which shall be considered, unless it be postponed by a majority vote of the Senate, and any business before the Senate at the time of the announcement of the special order shall go to Unfinished Business.
Rule No. 126. Reserved.
κ2015 Statutes of Nevada, Page 4051 (FILE NUMBER 25, SR 7)κ
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. 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.
κ2015 Statutes of Nevada, Page 4052 (FILE NUMBER 25, SR 7)κ
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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Assembly Concurrent Resolution No. 4Assemblymen Kirkpatrick; Elliot Anderson, Paul Anderson, Araujo, Armstrong, Benitez-Thompson, Bustamante Adams, Carlton, Carrillo, Diaz, Dickman, Dooling, Edwards, Ellison, Fiore, Flores, Gardner, Hambrick, Hansen, Hickey, Joiner, Jones, Kirner, Moore, Munford, Neal, Nelson, Ohrenschall, ONeill, Oscarson, Seaman, Shelton, Silberkraus, Spiegel, Sprinkle, Stewart, Swank, Thompson, Titus, Trowbridge, Wheeler and Woodbury
Joint Sponsors: Senators Atkinson, Brower, Denis, Farley, Ford, Goicoechea, Gustavson, Hammond, Hardy, Harris, Kieckhefer, Kihuen, Lipparelli, Manendo, Parks, Roberson, Segerblom, Settelmeyer, Smith, Spearman and Woodhouse
FILE NUMBER 26
Assembly Concurrent RESOLUTION — Memorializing former Assemblyman Joseph Joe Michael Hogan, Sr.
Whereas, The members of the Nevada Legislature mourn the loss of an exemplary citizen, former United States Naval officer, dedicated public servant and 10-year member of the Nevada Assembly, Joseph Joe Michael Hogan, Sr.; and
Whereas, Joe Hogan was born on August 10, 1937, in Fort Dodge, Iowa, and passed away in Arlington, Virginia, surrounded by his family, on October 17, 2014; and
Whereas, Joe attended public schools in Fort Dodge, earned his bachelor of science degree in business administration from the University of Notre Dame and later received his juris doctor degree from the Georgetown University Law Center; and
Whereas, Joe proudly served as an officer in the U.S. Navy from 1959 through 1962, and as an attorney worked for the United States Department of Defense and the National Aeronautics and Space Administration in Bethesda, Maryland, as well as the United States Department of Labor, Office of Federal Contract Compliance Programs, in San Francisco, California, where he ensured that federal contractors did not discriminate; and
Whereas, Several years after retirement, Joe Hogan moved to Las Vegas, where he became active in issues concerning labor, and in 2004 was elected to the Nevada Assembly, serving in five regular and seven special sessions and as a member of the Assembly Committees on Health and Human Services, Natural Resources, Agriculture, and Mining, Transportation and Ways and Means; and
κ2015 Statutes of Nevada, Page 4053 (FILE NUMBER 26, ACR 4)κ
Human Services, Natural Resources, Agriculture, and Mining, Transportation and Ways and Means; and
Whereas, A lifelong Democrat, Joe worked with diligence and compassion in the Assembly, with emphasis on such topics as affordable housing, adequate prescription drug labeling, water conservation and expanded job opportunities for women and minorities; and
Whereas, Joe also served on several interim committees, including the Interim Committees on High-Level Radioactive Waste, Issues Relating to Senior Citizens and Veterans, Nevada Commission on Aging, Protection of Natural Treasures, Interim Finance Committees Subcommittee to Review Public Works Board Matters and the Health Cares Task Force to Develop a State Plan to Address Alzheimers Disease; and
Whereas, In his spare time, Joe enjoyed the rich experiences found in travel as he explored new places and vistas, with a special interest in snorkeling and rock hounding; and
Whereas, Following his passing, Joe Hogan leaves his children Kathleen Marie Rauh, J. Michael Hogan, Jr. and David J. Hogan, along with grandchildren Allison, Maribeth and Brian Rauh, and Maggie and Katie Hogan, to cherish his memory; now, therefore, be it
Resolved by the Assembly of the State of Nevada, the Senate Concurring, That the members of the 78th Session of the Nevada Legislature hereby extend their deepest condolences to the family of former Assemblyman Joseph Michael Hogan Sr., a man who served the people of Nevada with dedication, dignity and a strong work ethic; and be it further
Resolved, That the Chief Clerk of the Assembly prepare and transmit a copy of this resolution to the family of Assemblyman Joe Hogan.
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Assembly Concurrent Resolution No. 5Assemblymen Hambrick; Elliot Anderson, Paul Anderson, Araujo, Armstrong, Benitez-Thompson, Bustamante Adams, Carlton, Carrillo, Diaz, Dickman, Dooling, Edwards, Ellison, Fiore, Flores, Gardner, Hansen, Hickey, Joiner, Jones, Kirkpatrick, Kirner, Moore, Munford, Neal, Nelson, Ohrenschall, ONeill, Oscarson, Seaman, Shelton, Silberkraus, Spiegel, Sprinkle, Stewart, Swank, Thompson, Titus, Trowbridge, Wheeler and Woodbury
Joint Sponsors: Senators Kieckhefer; Atkinson, Brower, Denis, Farley, Ford, Goicoechea, Gustavson, Hammond, Hardy, Harris, Kihuen, Lipparelli, Manendo, Parks, Roberson, Segerblom, Settelmeyer, Smith, Spearman and Woodhouse
FILE NUMBER 27
Assembly Concurrent RESOLUTION — Memorializing former Assemblyman Peter L. Pete Livermore.
Whereas, The members of the Nevada Legislature mourn the loss of one of their respected colleagues, Peter L. Pete Livermore; and
κ2015 Statutes of Nevada, Page 4054 (FILE NUMBER 27, ACR 5)κ
Whereas, Born in New Orleans, Louisiana, on March 22, 1941, the son of Peter and Camilla Livermore, Pete joined the United States Marine Corps at 17 years of age, where he served from 1958 through 1962 and reached the rank of Lance Corporal; and
Whereas, In 1960, while stationed at Pickel Meadows Marine Base near Bridgeport, California, he made a trip to Carson City, Nevada, and met the beautiful and vivacious Laurie Bird, a carhop at the local A&W Restaurant; and
Whereas, Pete and Lauries first date was on October 31, 1960, when he accompanied her to the Nevada Day Parade and then to the Carson High School homecoming game and dance; and
Whereas, Following his marriage to Laurie, Pete worked as a mail carrier in Carson City and then went into business, eventually owning and operating three successful A&W Restaurants, which were popular with both local residents and State Legislators; and
Whereas, Pete took a strong interest in the youth of Carson City, employing them in his businesses, sponsoring and coaching team sports, serving as President of the Carson City Youth Sports Association for more than 15 years and continuously working to make sure that the young people of Carson City had excellent recreational facilities, such as the Governors Field Sports Complex; and
Whereas, Pete was elected to the Carson City Board of Supervisors in 1998, a position he held for 12 years, during which he was particularly proud of the part he played in the development of the Edmonds Sports Complex located on Livermore Lane, a street named in his honor; and
Whereas, Pete also served his community from 1985 through 2011 as a member and former Chair of the Carson-Tahoe Hospital Board of Trustees; and
Whereas, In 2010, Pete was elected to represent District No. 40 in the Nevada State Assembly, a district comprised of Carson City and part of southern Washoe County, where he served with great dedication and energy until his passing in Carson City on October 20, 2014; and
Whereas, As a member of the Assembly, Pete served on the Assembly Standing Committees on Government Affairs, Health and Human Services, Commerce and Labor, Taxation, and Natural Resources, Agriculture, and Mining, and continued to represent the interests of the people of Carson City by successfully sponsoring bills to revise the Airport Authority Act for Carson City and the Carson City Charter and to preserve the buildings and grounds of the historic Nevada State Prison; and
Whereas, Pete is survived by Laurie, his wife of over 50 years, their children Richard, Sheri and Jackie, and several grandchildren, who will all cherish his memory and reflect on a life devoted to his family, his community, the youth of Carson City and the citizens of the State of Nevada; now, therefore, be it
Resolved by the Assembly of the State of Nevada, the Senate Concurring, That the members of the 78th Session of the Nevada Legislature offer their deepest condolences to the family members of Peter L. Pete Livermore; and be it further
κ2015 Statutes of Nevada, Page 4055 (FILE NUMBER 27, ACR 5)κ
Resolved, That the Chief Clerk of the Assembly prepare and transmit a copy of this resolution to Petes beloved wife Laurie and their children Richard, Sheri and Jackie.
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Assembly Joint Resolution No. 1Assemblyman Ellison; Elliot Anderson, Paul Anderson, Araujo, Armstrong, Benitez-Thompson, Bustamante Adams, Carrillo, Diaz, Dickman, Dooling, Edwards, Fiore, Gardner, Hambrick, Hansen, Hickey, Joiner, Jones, Kirkpatrick, Kirner, Moore, Munford, Neal, Nelson, ONeill, Ohrenschall, Oscarson, Seaman, Shelton, Silberkraus, Spiegel, Stewart, Thompson, Titus, Trowbridge, Wheeler and Woodbury
FILE NUMBER 28
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 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 partnership and bond of friendship between the State of Nevada and the State of Israel were further strengthened by Governor Brian Sandovals trade mission to the State of Israel, which resulted in several Israeli companies considering establishing businesses and other partnerships in the State of Nevada; and
Whereas, The Governor has appointed an official trade representative to Israel to continue to promote bilateral economic development between the State of Nevada and the State of Israel; 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 78th 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 the State of Israel; and be it further
κ2015 Statutes of Nevada, Page 4056 (FILE NUMBER 28, AJR 1)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; and be it further
Resolved, That this resolution becomes effective upon passage.
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Assembly Joint Resolution No. 4Assemblymen Edwards, Armstrong, Oscarson; Dickman, Ellison, Kirner and Ohrenschall
Joint Sponsor: Senator Goicoechea
FILE NUMBER 29
Assembly Joint RESOLUTION — Urging Congress to enact legislation allowing individual states to establish daylight saving time as the standard time in their respective states throughout the calendar year.
Whereas, When Congress enacted The Emergency Daylight Saving Time Energy Conservation Act of 1973 (Pub. L. No. 93-182, 87 Stat. 707), it included in its findings and declarations of policy that various studies of governmental and nongovernmental agencies indicate that year-round daylight saving time would produce an energy saving in electrical power consumption; and
Whereas, Congress also found and declared that the use of year-round daylight saving time could have other beneficial effects on the public interest, including the reduction of crime, improved traffic safety, more daylight outdoor playtime for children and youth of our Nation, [and] greater utilization of parks and recreation areas; and
Whereas, Congress also found and declared that the use of year-round daylight saving time could result in expanded economic opportunity through extension of daylight hours to peak shopping hours and through extension of domestic office hours to periods of greater overlap with the European Economic Community; now, therefore, be it
Resolved by the Assembly and Senate of the State of Nevada, Jointly, That the Nevada Legislature urges the members of Congress to enact appropriate legislation to give individual states the option of establishing daylight saving time as the standard time in their respective states throughout the calendar year; 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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κ2015 Statutes of Nevada, Page 4057κ
Senate Joint Resolution No. 1Senators Goicoechea and Gustavson
Joint Sponsors: Assemblymen Ellison, Hansen, Oscarson, Wheeler, Hambrick; Dooling, Fiore and Kirner
FILE NUMBER 30
SENATE Joint RESOLUTION — Urging Congress to enact legislation transferring title to certain public lands to the State of Nevada in accordance with the report prepared by the Nevada Land Management Task Force.
Whereas, The Federal Government manages and controls over 80 percent of the land in this State; and
Whereas, The paucity of state and private land in the State of Nevada severely constrains the size and diversity of the States economy; and
Whereas, In Section 10 of Chapter 36 of the 38th Congress, the Act enabling the formation of a constitution and state government in the territory of Nevada, Congress directed the Federal Government to pay to the State of Nevada, upon admission, a portion of the proceeds from the sale of public lands in the State; and
Whereas, In all states east of the State of Colorado, the Federal Government controls 4 percent of the land; and
Whereas, In the States of Alaska, Arizona, California, Colorado, Idaho, Montana, Nevada, New Mexico, Oregon, Utah, Washington and Wyoming, the Federal Government still controls a significant amount of public lands; and
Whereas, A July 2014 report prepared by the Nevada Land Management Task Force pursuant to Assembly Bill No. 227 of the 77th Nevada Legislative Session concluded that the State of Nevada could generate significant net revenue if afforded the opportunity to manage an expanded state land portfolio; and
Whereas, The Nevada Land Management Task Force concluded in the report that a Congressional transfer to the State of Nevada of certain federally administered land should be accomplished in phases; now, therefore, be it
Resolved by the Senate and Assembly of the State of Nevada, Jointly, That the members of the 78th Session of the Nevada Legislature hereby urge Congress to enact legislation transferring title to certain public lands to the State of Nevada in accordance with the report prepared by the Nevada Land Management Task Force; and be it further
Resolved, That any such legislation should exclude the following lands from consideration for transfer, except as otherwise directed by Congress:
1. Lands designated by Congress as wilderness;
2. Lands designated by Congress as National Conservation Areas;
3. Lands designated by the Bureau of Land Management as Areas of Critical Environmental Concern established to protect the desert tortoise; and
4. Lands administered by:
(a) The United States Department of Energy;
(b) The United States Department of Defense;
(c) The Bureau of Indian Affairs of the United States Department of the Interior;
κ2015 Statutes of Nevada, Page 4058 (FILE NUMBER 30, SJR 1)κ
(d) The United States Fish and Wildlife Service of the United States Department of the Interior; and
(e) The National Park Service of the United States Department of the Interior; and be it further
Resolved, That the following public lands should be included in an initial phase for transfer to the State of Nevada:
1. All parcels of land, administered by the Bureau of Land Management, which remain within the original Central Pacific Railroad corridor along Interstate 80 in Northern Nevada;
2. All land previously identified by the Bureau of Land Management as suitable for disposal, or currently moving forward in planning documents for federal land use plans, that have not yet been disposed of in the State of Nevada;
3. All parcels of land in the State of Nevada, administered by the Bureau of Land Management that is under existing lease pursuant to the Recreation and Public Purposes Act;
4. All parcels of land in the State of Nevada, administered by the Bureau of Land Management that is authorized under rights-of-way granted to the State of Nevada and any political subdivisions of this State, and nonlinear rights-of-way granted to private parties within this State;
5. All subsurface estates managed by the Bureau of Land Management, where the surface estate is privately held within this State;
6. All land in the State of Nevada designated by the Secretary of the Interior as Solar Energy Zones and held by the Bureau of Land Management;
7. All parcels of land in the State of Nevada, administered by the Bureau of Land Management that is leased for geothermal exploration and utilization; and
8. All parcels of land in the State of Nevada, administered by the Bureau of Land Management which has been authorized for disposal within enacted and introduced federal legislation; and be it further
Resolved, That the State of Nevada should be authorized to select not less than 7.2 million acres from among the aforementioned classes of land to be transferred during the initial phase; and be it further
Resolved, That upon request by a local government or the Nevada Legislature within 10 years after the initial phase, the following public lands should be transferred in subsequent phases:
1. Other land in the State of Nevada administered by the Bureau of Land Management;
2. Land in the State of Nevada administered by the United States Forest Service;
3. Land in the State of Nevada deemed by the Bureau of Reclamation of the United States Department of the Interior to be surplus; and
4. Any other federally managed and controlled lands in this State; and be it further
Resolved, That any such transfer of public lands to the State of Nevada must include both the surface and subsurface estate and any federally held water rights appurtenant to the land; and be it further
Resolved, That the public lands included in the initial phase must be managed for long-term maximization of net revenue; and be it further
κ2015 Statutes of Nevada, Page 4059 (FILE NUMBER 30, SJR 1)κ
Resolved, That the public lands subsequently transferred shall become state public lands to be managed in accordance with state and local plans and for multiple uses, as well as on-going net revenue generation and environmental health, function, productivity and sustainability; and be it further
Resolved, That payments to local governments to replace revenue lost through reduced federal payments pursuant to the Payments in Lieu of Taxes Act, 31 U.S.C. § 6901 et seq., will be made by the State of Nevada from gross revenues derived through the management of federal public lands transferred to the State of Nevada; and be it further
Resolved, That payments to local governments to replace the revenue which would otherwise be shared with local governments in this State by the Bureau of Land Management from the sale of materials, mineral leases and permits, grazing permits and other revenues from public lands transferred to the State of Nevada will be made by the State of Nevada from the gross revenues derived by the State of Nevada from managing those public lands; and be it further
Resolved, That the payments to local governments to replace the revenue which would otherwise have been shared with local governments in this State by the Office of Natural Resources Revenue of the United States Department of the Interior from royalties, rents and bonuses generated throughout the life of energy and mineral leases on public lands transferred to the State of Nevada will be made by the State of Nevada from the gross revenues derived by the State of Nevada from managing those public lands; and be it further
Resolved, That consistent with the Southern Nevada Public Land Management Act of 1998, Public Law 105-263, 112 Stat. 2343, the Lincoln County Conservation, Recreation, and Development Act of 2004, Public Law 108-424, 118 Stat. 2403, and the White Pine County Conservation, Recreation, and Development Act of 2006, Public Law 109-432, 120 Stat. 3028, 10 percent of the proceeds of the sale of transferred land by the State of Nevada which is identified in those Acts for disposal by the Bureau of Land Management will be provided to the Southern Nevada Water Authority, Lincoln County and White Pine County for uses identified by each respective act; and be it further
Resolved, That the following principles will guide the State of Nevada in the management of transferred lands:
1. All transferred land will be subject to applicable State of Nevada and local government statutes, regulations, ordinances and codes;
2. All transferred land will be subject to valid existing federal, state and local government permits, land use authorizations, existing authorized multiple uses, rights of access and property rights;
3. The administration and management, including without limitation, the disposal, of transferred land by the State of Nevada must be subject to review by the governing board of any local government within which public lands to be disposed of are located for consistency with local master plans, resource management plans, open space plans, land disposal lists, ordinances and land use policies; and
4. Any costs incurred by the State of Nevada in administering transferred land will be covered by gross revenue derived from managing the land, and will not be passed on to any local government; and be it further
κ2015 Statutes of Nevada, Page 4060 (FILE NUMBER 30, SJR 1)κ
Resolved, That any net revenue derived from the management of transferred public lands must be deposited into a permanent trust fund and held for the benefit of the following beneficiaries:
1. Public primary and secondary education;
2. Public higher education, including the Nevada System of Higher Education;
3. Public specialized education;
4. Public mental and medical health services;
5. Social, senior and veteran services;
6. Public programs to preserve any species that is listed as, or is a candidate species for listing as, threatened or endangered under the Endangered Species Act of 1973, 16 U.S.C. §§ 1531 et seq.; and
7. Local governments, to pay for any services and infrastructure provided on transferred public lands; 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 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. 2Senators Goicoechea and Gustavson
Joint Sponsors: Assemblymen Ellison, Hansen and Oscarson
FILE NUMBER 31
Senate Joint RESOLUTION — Urging Congress to require the sharing of federal receipts from commercial activity on certain public lands with the State of Nevada and its counties.
Whereas, The Federal Government manages and controls approximately 87 percent of the land in the State of Nevada; and
Whereas, Much of that land is rich in natural resources; and
Whereas, The Federal Government receives significant income from the sale and lease of those lands and from royalties related to commercial activity on those lands, including, without limitation, mining, farming, grazing and logging; and
Whereas, The State of Nevada and its political subdivisions do not generally receive an apportionment of the receipts from this commercial activity within its boundaries; and
Whereas, The State of Nevada and its political subdivisions support the cost of much of this commercial activity by providing services and infrastructure; and
Whereas, Congress has previously recognized the need to share revenues generated on federal lands with affected state and county governments; and
κ2015 Statutes of Nevada, Page 4061 (FILE NUMBER 31, SJR 2)κ
Whereas, Through the Energy Policy Act of 2005, Public Law 109-58, 119 Stat. 660, Congress created a provision sharing revenues from geothermal energy generated on federal lands with the states and counties within which the geothermal resources are located; and
Whereas, Through House Resolution No. 596, Congress is currently considering similar revenue sharing provisions for the generation of solar and wind power on federal lands; now, therefore, be it
Resolved by the Senate and Assembly of the State of Nevada, Jointly, That the members of the 78th Session of the Nevada Legislature hereby urge Congress to enact legislation to require a portion of federal receipts from all commercial activity on public lands in the State of Nevada to be shared with the State of Nevada and its counties; 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 Secretary of Agriculture and the Secretary of Interior; and be it further
Resolved, That this resolution becomes effective upon passage.
________
Senate Joint Resolution No. 4Senator Woodhouse
FILE NUMBER 32
Senate Joint RESOLUTION — Urging Congress to enact 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 Corporation 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 the 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
Whereas, Remittance of use taxes not collected by a vendor from online purchases imposes an undue burden and widely unknown obligation on consumers; and
κ2015 Statutes of Nevada, Page 4062 (FILE NUMBER 32, SJR 4)κ
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 departments and fire departments, and other important infrastructure; and
Whereas, The Marketplace Fairness Act was introduced in the 112th Congress, and again in the 113th Congress, 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; now, therefore, be it
Resolved by the Senate and Assembly of the State of Nevada, Jointly, That the members of the 78th Session of the Nevada Legislature urge Congress to enact the Marketplace Fairness Act without further 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 act becomes effective upon passage.
________
Senate Joint Resolution No. 5Committee on Legislative Operations and Elections
FILE NUMBER 33
SENATE Joint RESOLUTION — Expressing support for the 2014 Nevada Greater Sage-Grouse Conservation Plan developed by the Sagebrush Ecosystem Council and urging the United States Fish and Wildlife Service not to list the greater sage-grouse as an endangered or threatened species under the Endangered Species Act of 1973.
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, In 2010, the United States Fish and Wildlife Service determined that the greater sage-grouse warranted listing as endangered or threatened under the Endangered Species Act of 1973, 16 U.S.C. §§ 1531 et seq., largely due to what was determined to be a lack of regulatory mechanisms, and a decision on this listing is scheduled for September 2015; and
Whereas, 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
κ2015 Statutes of Nevada, Page 4063 (FILE NUMBER 33, SJR 5)κ
Whereas, In 2011, the Bureau of Land Management and the United States Forest Service began a process to amend the agencies land use plans to incorporate greater sage-grouse conservation measures as regulatory mechanisms; and
Whereas, In 2011, the United States Secretary of the Interior invited those states impacted by the potential listing of the greater sage-grouse to develop state-specific regulatory mechanisms to conserve the species; and
Whereas, In 2012, Governor Brian Sandoval strengthened the State of Nevadas commitment to sage-grouse conservation by issuing Executive Order 2012-09, establishing the Governors Greater Sage-grouse Advisory Committee, which led to Executive Order 2012-19, creating the Sagebrush Ecosystem Council; and
Whereas, In 2013, the Nevada Legislature enacted the provisions of Assembly Bill No. 461, which created the Sagebrush Ecosystem Council within the State Department of Conservation and Natural Resources and required the Council to establish and carry out strategies for managing the greater sage-grouse and sagebrush ecosystems in this State; and
Whereas, In 2014, the Sagebrush Ecosystem Council directed the preparation of and adopted the 2014 Nevada Greater Sage-Grouse Conservation Plan, which combines the best available scientific information and stakeholder input into a conservation and management plan to ameliorate the primary threats to greater sage-grouse in the State of Nevada and which is intended to be the alternative for management of greater sage-grouse in Nevada by the Bureau of Land Management, the United States Forest Service and any other land management agency; and
Whereas, The Draft Environmental Impact Statement for the Bureau of Land Management and the United States Forest Service Land Use Plan Amendment outline measures under the agencies preferred alternative that are not the provisions of the States Conservation Plan and could prove as detrimental to Nevadas economy and way of life as an Endangered Species Act listing of the greater sage-grouse; and
Whereas, The States Conservation Plan was not outlined as the alternative to be adopted by the Bureau of Land Management and the United States Forest Service for management of greater sage-grouse in Nevada; and
Whereas, Based on the States Conservation Plan, the State of Nevada is poised and ready to implement the States Conservation Plan and achieve landscape-scale conservation of greater sage-grouse and the sagebrush ecosystem; now, therefore, be it
Resolved by the Senate and Assembly of the State of Nevada, Jointly, That the members of the 78th Session of the Nevada Legislature express their confidence in and support of the 2014 Nevada Greater Sage-Grouse Conservation Plan and the ability of the State of Nevada to conserve greater sage-grouse and the sagebrush ecosystem effectively; and be it further
Resolved, That the members of the 78th Session of the Nevada Legislature exhort and strongly request the Bureau of Land Management and the United States Forest Service to adopt the States Conservation Plan as the management alternative for greater sage-grouse in Nevada; and be it further
Resolved, That the members of the 78th Session of the Nevada Legislature urge and strongly request the United States Fish and Wildlife Service to not list the greater sage-grouse as endangered or threatened under the Endangered Species Act of 1973 and allow the State of Nevada to implement the States Conservation Plan to demonstrate the effectiveness of the Plan as an adequate regulatory mechanism in conserving the greater sage-grouse; and be it further
κ2015 Statutes of Nevada, Page 4064 (FILE NUMBER 33, SJR 5)κ
implement the States Conservation Plan to demonstrate the effectiveness of the Plan as an adequate regulatory mechanism in conserving the greater sage-grouse; and be it further
Resolved, That if the Bureau of Land Management and the United States Fish and Wildlife Service choose not to follow the guidance and exhortations of this resolution, the members of the 78th Session of the Nevada Legislature urge and strongly request the United States Congress to intervene and enact federal legislation to provide an extension of time, for a period of 10 years through and including Fiscal Year 2025, before the United States Secretary of the Interior can consider, write or issue pursuant to Section 4 of the Endangered Species Act of 1973 a finding or proposed federal endangered species regulation in order to allow the States Conservation Plan to be implemented and demonstrate the effectiveness of the Plan as an adequate regulatory mechanism in conserving the greater sage-grouse; 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 presiding officer of the United States Senate, the Speaker of the House of Representatives, each member of the Nevada Congressional Delegation, the
United States Secretary of the Interior, the Director of the United States Fish and Wildlife Service and the Governor of the State of Nevada; and be it further
Resolved, That this resolution becomes effective upon passage.
________
Senate Concurrent Resolution No. 2Senator Hardy
FILE NUMBER 34
Senate Concurrent RESOLUTION — Encouraging certain entities to approve, require and provide educational programs relating to caring for persons with Alzheimers disease and other forms of dementia.
Whereas, Alzheimers disease is a progressive, degenerative brain disorder characterized by memory loss, language deterioration, poor judgment and indifferent attitude, but preserved motor function; and
Whereas, Alzheimers disease afflicts one out of every nine Americans over 65 years of age and is the sixth leading cause of death in the United States; and
Whereas, The number of Americans with Alzheimers disease and other dementias is expected to grow each year as the size and proportion of Americans over 65 years of age continues to increase; and
Whereas, The rapid rise in persons diagnosed with Alzheimers disease is already evident and is especially dramatic in Nevada, which in 2014 had an estimated 37,000 of its residents suffering from this debilitating affliction; and
Whereas, It is projected that by 2025 the number of residents of this State suffering from Alzheimers disease will increase by 73 percent to over 64,000 people; and
κ2015 Statutes of Nevada, Page 4065 (FILE NUMBER 34, SCR 2)κ
Whereas, Most persons with Alzheimers disease will survive for 4 to 8 years after diagnosis and may live as long as 20 years after the onset of symptoms; and
Whereas, In response to this growing crisis, the members of the 76th Session of the Nevada State Legislature adopted Assembly Concurrent Resolution No. 10 directing the Legislative Committee on Health Care to create a task force to develop a state plan to address Alzheimers disease; and
Whereas, In January 2013, the Legislative Committee on Health Care delivered to the 77th Session of the Nevada Legislature a copy of the Nevada State Plan to Address Alzheimers Disease; and
Whereas, The State Plan identified a need to strengthen the multidisciplinary workforce that cares for persons with Alzheimers disease and other dementias and maintain a dementia-competent workforce in Nevada; and
Whereas, The State Plan identified several educational challenges to strengthening and maintaining the workforce that cares for persons with Alzheimers disease and other dementias in this State and proposed recommendations to address these challenges; now, therefore, be it
Resolved by the Senate of the State of Nevada, the Assembly Concurring, That the members of the 78th Session of the Nevada State Legislature hereby encourage the Board of Medical Examiners, the State Board of Osteopathic Medicine, the State Board of Nursing, professional associations of health care providers and educational institutions to incentivize and promote awareness and education of health care providers by:
1. Approving or requiring, as applicable, continuing education programs that provide primary care physicians and other allied health care professionals with ongoing education and training about recent developments, research and treatments of Alzheimers disease and other forms of dementia;
2. Encouraging primary care physicians to refer persons with cognitive deficits for specialized cognitive testing when appropriate; and
3. Encouraging primary care physicians to refer persons with dementia and their families to dementia-related community resources and supportive programs; and be it further
Resolved, That the members of the 78th Session of the Nevada State Legislature hereby encourage schools in Nevada with programs in nursing and other health care professions to ensure that the programs include specific training regarding Alzheimers disease and other forms of dementia in their curriculum and expand related continuing education opportunities for nurses and other health care professionals in the acute care setting; and be it further
Resolved, That the members of the 78th Session of the Nevada State Legislature hereby encourage the promotion of training and educational opportunities that are conducted by or in consultation with the Division of Public and Behavioral Health of the Department of Health and Human Services and related to Alzheimers disease and other forms of dementia for all levels of medical personnel in a hospital, including, without limitation, emergency-room personnel and others responsible for admission and discharge; and be it further
κ2015 Statutes of Nevada, Page 4066 (FILE NUMBER 34, SCR 2)κ
Resolved, That the members of the 78th Session of the Nevada State Legislature hereby encourage first responders and law enforcement and fire department personnel to attend an amount and type of training adequate to help them assess and learn how to respond to people with Alzheimers disease and other forms of dementia; and be it further
Resolved, That the Secretary of the Senate prepare and transmit a copy of this resolution to the Governor, each member of the Board of Medical Examiners, each member of the State Board of Osteopathic Medicine, each member of the State Board of Nursing, each member of the Board of Regents of the University of Nevada, the dean or provost of each school of medicine or nursing located in this State, and the Director of the Department of Public Safety and the State Fire Marshal for distribution to each fire chief, chief of police and sheriff in this State, and to the Administrator of the Division of Public and Behavioral Health of the Department of Health and Human Services.
________
Senate Joint Resolution No. 21Committee on Legislative Operations and Elections
FILE NUMBER 35
Senate Joint RESOLUTION — Urging Congress to enact comprehensive immigration reform.
Whereas, The United States is a nation of immigrants that has grown and strengthened in the diversity of its people; and
Whereas, The Constitution of the United States establishes that this country offers equal treatment, opportunity and human dignity to all residents of the United States, regardless of race, creed, color, ethnicity or birthplace; and
Whereas, In search of this freedom and equality, millions of immigrants have come to this country in pursuit of the American dream; and
Whereas, While only 13 percent of the total population of the United States are immigrants, nearly one-third of all new businesses in the United States in 2011 were started by immigrants; and
Whereas, Since achieving statehood in 1864, the great State of Nevada has welcomed immigrants, as reflected by the 1870 Census, which accounted for over 44 percent of the population being foreign-born; and
Whereas, Nevada takes pride in having built a strong population of Nevadans from diverse backgrounds and cultures, recently ranking fourth in the nation of states with the highest percentages of immigrants; and
Whereas, Nevada is home to over one-half million foreign-born immigrants, of whom over 40 percent have become naturalized citizens, representing a ratio of nearly one in every five Nevadans; and
Whereas, This diversity in the State of Nevada is also comprised of talented students and hardworking persons who aspire to become citizens of the United States and contribute to the prosperity of this State which they call home; and
κ2015 Statutes of Nevada, Page 4067 (FILE NUMBER 35, SJR 21)κ
Whereas, The growth in our States population has also been driven by unauthorized immigrants who comprise a significant percentage of our population, including students and a workforce that remains in the shadows of a broken immigration system; and
Whereas, Those unauthorized immigrants include families with children who attend school and their parents who must provide for them, contributing to our economy by paying property taxes and sales taxes; and
Whereas, Comprehensive immigration reform is the only solution to avoid separation of such families and offer them a chance to come out of the shadows and into mainstream America and to have equal rights, obligations and fair treatment in the workplace; and
Whereas, Such reform must include requirements that prohibit and prevent criminals from coming into our country and the mechanisms to reinforce our security at the borders, while ensuring a pathway to citizenship to legalized immigrants who have proven compliance with our laws and demonstrated fiscal responsibility; and
Whereas, A guest worker program must be included in any reform to deter illegal immigration while ensuring a qualified and sufficient workforce to satisfy the needs of many industries, including agriculture; and
Whereas, Such comprehensive immigration reform must also include a funding system to address the entire spectrum of fiscal impacts that will be experienced by state governments as a result of implementing programs for guest workers and earned legalization and of increasing the number of immigrants in our population; and
Whereas, Our elected federal officials must create an immigration process that strengthens our nations economy, reinforces our border security 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 78th 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 system to address the entire fiscal impact on our State Government; 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 presiding officer of the United States Senate, the Speaker of the United States House of Representatives and each member of the Nevada Congressional Delegation; and be it further
Resolved, That this resolution becomes effective upon passage.
________
κ2015 Statutes of Nevada, Page 4068κ
Assembly Joint Resolution No. 8Assemblymen Dickman, Wheeler, Armstrong, Jones, Fiore; Paul Anderson, Edwards, Ellison, Gardner, ONeill, Oscarson, Seaman, Shelton, Silberkraus, Titus and Trowbridge
Joint Sponsors: Senators Gustavson; and Goicoechea
FILE NUMBER 36
Assembly Joint RESOLUTION — Proposing to amend the Nevada Constitution to require that an initiative petition which creates, generates or increases any public revenue be approved by the affirmative vote of not less than two-thirds of the voters voting on the question.
Legislative Counsels Digest:
The Nevada Constitution reserves to the people the power to propose statutory or constitutional amendments by initiative petition. In the case of a statutory initiative petition that has qualified for the ballot, the Constitution provides that such a petition must initially be transmitted by the Secretary of State to the Legislature, which may enact the measure, reject it or take no action on it. If the measure is enacted by the Legislature and approved by the Governor in the same manner as other statutes are enacted, it becomes law. (Nev. Const. Art. 19, § 2) This resolution proposes, initially, to amend the Constitution to provide that legislative enactment of a statutory initiative measure which creates, generates or increases any public revenue in any form requires the affirmative vote of not less than two-thirds of the members elected to each House of the Legislature, in the same manner as a bill or joint resolution originating in the Legislature and creating, generating or increasing any public revenue. (Nev. Const. Art. 4, § 18)
The Constitution also provides that a majority of all the members elected to each House of the Legislature may refer any measure which creates, generates or increases any public revenue to the voters at the next general election. The measure becomes effective if it is approved by a majority of the votes cast on the measure at the election. (Nev. Const. Art. 4, § 18) This resolution proposes to amend the Constitution to require that a statutory initiative measure which is so referred must be approved by the affirmative vote of not less than two-thirds of the voters voting on the question.
If a statutory initiative measure is rejected or if no action is taken on it by the Legislature, the Constitution provides that the measure must be submitted to the voters at the next general election. The measure becomes effective if it is approved by a majority of the votes cast on the measure at the election. An initiative petition that proposes an amendment to the Constitution and has qualified for the ballot is not transmitted to the Legislature, but is placed on the ballot. If a constitutional initiative measure is approved by a majority of the votes cast on the measure at two successive general elections, it likewise becomes effective. (Nev. Const. Art. 19, § 2) This resolution proposes to amend the Constitution to provide that a statutory or constitutional initiative measure must be approved by the affirmative vote of not less than two-thirds of the voters voting on the question if the measure creates, generates or increases any public revenue.
κ2015 Statutes of Nevada, Page 4069 (FILE NUMBER 36, AJR 8)κ
EXPLANATION
Matter in bolded italics is
new; matter between brackets [omitted material] is material to be
omitted.
Resolved by the Assembly and Senate of the State of Nevada, Jointly, That Section 18 of Article 4 of the Nevada Constitution be amended to read as follows:
Sec. 18. 1. Every bill, except a bill placed on a consent calendar adopted as provided in subsection 4, must be read by sections on three several days, in each House, unless in case of emergency, two thirds of the House where such bill is pending shall deem it expedient to dispense with this rule. The reading of a bill by sections, on its final passage, shall in no case be dispensed with, and the vote on the final passage of every bill or joint resolution shall be taken by yeas and nays to be entered on the journals of each House. Except as otherwise provided in subsection 2, a majority of all the members elected to each House is necessary to pass every bill or joint resolution, and all bills or joint resolutions so passed, shall be signed by the presiding officers of the respective Houses and by the Secretary of the Senate and Clerk of the Assembly.
2. Except as otherwise provided in subsection 3, an affirmative vote of not fewer than two-thirds of the members elected to each House is necessary to pass a bill or joint resolution which creates, generates, or increases any public revenue in any form, including but not limited to taxes, fees, assessments and rates, or changes in the computation bases for taxes, fees, assessments and rates.
3. A majority of all of the members elected to each House may refer any measure which creates, generates, or increases any revenue in any form to the people of the State at the next general election [,] and , except as otherwise provided in Section 7 of Article 19, the measure shall become effective and enforced only if it has been approved by a majority of the votes cast on the measure at such election.
4. Each House may provide by rule for the creation of a consent calendar and establish the procedure for the passage of uncontested bills.
And be it further
Resolved, That a new section, designated Section 7, be added to Article 19 of the Nevada Constitution to read as follows:
Sec. 7. Notwithstanding any other provision of this Constitution, if an initiative petition proposes a statute, an amendment to a statute, the repeal of a statute or an amendment to the Constitution and the initiative, if approved, would create, generate or increase any public revenue in any form, including but not limited to taxes, fees, assessments and rates, or changes in the computation bases for taxes, fees, assessments and rates, an affirmative vote of not less than two-thirds of the voters voting on the question is necessary to approve the petition at each election required for the petition. If more than one-third of the voters voting on the question at any such election votes disapproval of the petition, no further action may be taken on the petition.
And be it further
κ2015 Statutes of Nevada, Page 4070 (FILE NUMBER 36, AJR 8)κ
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] Sections 6 and 7 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 regular session of the Legislature is held. After its circulation, it shall be filed with the Secretary of State not less than 30 days prior to any regular session of the Legislature. 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. The petition shall be subject to the provisions of Section 18 of Article 4 if the petition creates, generates or increases any public revenue in any form, including but not limited to taxes, fees, assessments and rates, or changes in the computation bases for taxes, fees, assessments and rates. 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] Except as otherwise provided in Section 7 of this Article, 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.
κ2015 Statutes of Nevada, Page 4071 (FILE NUMBER 36, AJR 8)κ
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. [If] Except as otherwise provided in Section 7 of this Article, 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] Except as otherwise provided in Section 7 of this Article, 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] Except as otherwise provided in Section 7 of this Article, 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 [,] and Section 7 of this Article, 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:
κ2015 Statutes of Nevada, Page 4072 (FILE NUMBER 36, AJR 8)κ
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.
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.
________
Senate Joint Resolution No. 17Senators Roberson, Harris, Farley; Hardy and Settelmeyer
FILE NUMBER 37
Senate Joint RESOLUTION — Proposing to amend the Nevada Constitution to expand the rights guaranteed to victims of crime by adopting a victims bill of rights.
Legislative Counsels Digest:
Under the Nevada Constitution, the Legislature is required to provide by law for certain rights of the victims of crimes, in particular, the right to be informed of the status of criminal proceedings concerning those crimes, the right to be present at public hearings concerning those crimes and the right to be heard at all proceedings for the sentencing or release of persons convicted of those crimes. (Nev. Const. Art. 1, § 8)
This resolution proposes to amend the Nevada Constitution to eliminate the existing provisions of Article 1, section 8, concerning victims rights and to add a new section that sets forth an expanded list of such rights in the form of a victims bill of rights. The new section is modeled after the victims bill of rights set forth in the California Constitution as it was amended in 2008 by what is commonly referred to as Marsys Law. (Cal. Const. Art. 1, § 28)
κ2015 Statutes of Nevada, Page 4073 (FILE NUMBER 37, SJR 17)κ
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 23, be added to Article 1 of the Nevada Constitution to read as follows:
Sec. 23. 1. Each person who is the victim of a crime is entitled to the following rights:
(a) To be treated with fairness and respect for his or her privacy and dignity, and to be free from intimidation, harassment and abuse, throughout the criminal or juvenile justice process.
(b) To be reasonably protected from the defendant and persons acting on behalf of the defendant.
(c) To have the safety of the victim and the victims family considered as a factor in fixing the amount of bail and release conditions for the defendant.
(d) To prevent the disclosure of confidential information or records to the defendant which could be used to locate or harass the victim or the victims family.
(e) To refuse an interview or deposition request, unless under court order, and to set reasonable conditions on the conduct of any such interview to which the victim consents.
(f) To reasonably confer with the prosecuting agency, upon request, regarding the case.
(g) To reasonable notice of all public proceedings, including delinquency proceedings, upon request, at which the defendant and the prosecutor are entitled to be present and of all parole or other postconviction release proceedings, and to be present at all such proceedings.
(h) To be reasonably heard, upon request, at any public proceeding, including any delinquency proceeding, in any court involving release or sentencing, and at any parole proceeding.
(i) To the timely disposition of the case following the arrest of the defendant.
(j) To provide information to any public officer or employee conducting a presentence investigation concerning the impact of the offense on the victim and the victims family and any sentencing recommendations before the sentencing of the defendant.
(k) To be informed, upon request, of the conviction, sentence, place and time of incarceration, or other disposition of the defendant, the scheduled release date of the defendant and the release of or the escape by the defendant from custody.
(l) To full and timely restitution.
(m) To the prompt return of legal property when no longer needed as evidence.
(n) To be informed of all postconviction proceedings, to participate and provide information to the parole authority to be considered before the parole of the offender and to be notified, upon request, of the parole or other release of the offender.
(o) To have the safety of the victim, the victims family and the general public considered before any parole or other postjudgment release decision is made.
κ2015 Statutes of Nevada, Page 4074 (FILE NUMBER 37, SJR 17)κ
(p) To have all monetary payments, money and property collected from any person who has been ordered to make restitution be first applied to pay the amounts ordered as restitution to the victim.
(q) To be specifically informed of the rights enumerated in this section, and to have information concerning those rights be made available to the general public.
2. A victim has standing to assert the rights enumerated in this section in any court with jurisdiction over the case. The court shall promptly rule on a victims request. A defendant does not have standing to assert the rights of his or her victim. This section does not alter the powers, duties or responsibilities of a prosecuting attorney. A victim does not have the status of a party in a criminal proceeding.
3. Except as otherwise provided in subsection 4, no person may maintain an action against this State or any public officer or employee for damages or injunctive, declaratory or other legal or equitable relief on behalf of a victim of a crime as a result of a violation of this section or any statute enacted by the Legislature pursuant thereto. No such violation authorizes setting aside a conviction.
4. A person may maintain an action to compel a public officer or employee to carry out any duty required by this section or any statute enacted by the Legislature pursuant thereto.
5. The granting of these rights to victims must not be construed to deny or disparage other rights possessed by victims. A parole authority shall extend the right to be heard at a parole hearing to any person harmed by the offender.
6. The Legislature shall by law provide any other measure necessary or useful to secure to victims of crime the benefit of the rights set forth in this section.
7. As used in this section, victim means any person directly and proximately harmed by the commission of a criminal offense under any law of this State. If the victim is less than 18 years of age, incompetent, incapacitated or deceased, the term includes the legal guardian of the victim or a representative of the victims estate, member of the victims family or any other person who is appointed by the court to act on the victims behalf, except that the court shall not appoint the defendant as such a person.
And be it further
Resolved, That Section 8 of Article 1 of the Nevada Constitution be amended to read as follows:
Sec. 8. 1. No person shall be tried for a capital or other infamous crime (except in cases of impeachment, and in cases of the militia when in actual service and the land and naval forces in time of war, or which this State may keep, with the consent of Congress, in time of peace, and in cases of petit larceny, under the regulation of the Legislature) except on presentment or indictment of the grand jury, or upon information duly filed by a district attorney, or Attorney General of the State, and in any trial, in any court whatever, the party accused shall be allowed to appear and defend in person, and with counsel, as in civil actions.
κ2015 Statutes of Nevada, Page 4075 (FILE NUMBER 37, SJR 17)κ
in civil actions. No person shall be subject to be twice put in jeopardy for the same offense; nor shall he be compelled, in any criminal case, to be a witness against himself.
2. [The Legislature shall provide by law for the rights of victims of crime, personally or through a representative, to be:
(a) Informed, upon written request, of the status or disposition of a criminal proceeding at any stage of the proceeding;
(b) Present at all public hearings involving the critical stages of a criminal proceeding; and
(c) Heard at all proceedings for the sentencing or release of a convicted person after trial.
3. Except as otherwise provided in subsection 4, no person may maintain an action against the State or any public officer or employee for damages or injunctive, declaratory or other legal or equitable relief on behalf of a victim of a crime as a result of a violation of any statute enacted by the Legislature pursuant to subsection 2. No such violation authorizes setting aside a conviction or sentence or continuing or postponing a criminal proceeding.
4. A person may maintain an action to compel a public officer or employee to carry out any duty required by the Legislature pursuant to subsection 2.
5.] No person shall be deprived of life, liberty, or property, without due process of law.
[6.] 3. Private property shall not be taken for public use without just compensation having been first made, or secured, except in cases of war, riot, fire, or great public peril, in which case compensation shall be afterward made.
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Assembly Resolution No. 10Committee on Legislative Operations and Elections
FILE NUMBER 38
Assembly RESOLUTION — Designating certain members of the Assembly as regular and alternate members of the Legislative Commission for the 2015-2017 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: Mr. John Hambrick, Mr. Ira Hansen, Mr. Lynn D. Stewart, Ms. Marilyn Kirkpatrick, Ms. Irene Bustamante Adams and Ms. Teresa Benitez-Thompson are designated as the regular Assembly members; Mr. Erven T. Nelson and Mr. Stephen H. Silberkraus are designated as the first and second alternate members, respectively, for Mr. John Hambrick; Mr. Derek Armstrong and Mr. Chris Edwards are designated as the first and second alternate members, respectively, for Mr. Ira Hansen; Mr. Glenn Trowbridge and Mr. Phillip P.K. ONeill are designated as the first and second alternate members, respectively, for Mr. Lynn D. Stewart; Mr.
κ2015 Statutes of Nevada, Page 4076 (FILE NUMBER 38, AR 10)κ
Mr. Nelson Araujo and Mr. Edgar Flores are designated as the first and second alternate members, respectively, for Ms. Marilyn Kirkpatrick; Ms. Dina Neal and Mr. Tyrone Thompson are designated as the first and second alternate members, respectively, for Ms. Irene Bustamante Adams; and Ms. Amber Joiner and Mr. Michael C. Sprinkle are designated as the first and second alternate members, respectively, for Ms. Teresa Benitez-Thompson.
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Senate Resolution No. 8Committee on Legislative Operations and Elections
FILE NUMBER 39
Senate RESOLUTION — Designating certain members of the Senate as regular and alternate members of the Legislative Commission for the 2015-2017 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 Michael Roberson, James A. Settelmeyer, Ben Kieckhefer, Aaron D. Ford, Kelvin Atkinson and Moises Denis are designated as the regular Senate members of the Legislative Commission; and be it further
Resolved, That Senators Joseph P. Hardy and Patricia Farley are designated as the first and second alternate members, respectively, for Senator Michael Roberson; Senators Pete Goicoechea and Donald G. Gustavson are designated as the first and second alternate members, respectively, for Senator James A. Settelmeyer; Senators Becky Harris and Greg Brower are designated as the first and second alternate members, respectively, for Senator Ben Kieckhefer; Senators Joyce Woodhouse and David R. Parks are designated as the first and second alternate members, respectively, for Senator Aaron D. Ford; Senators Tick Segerblom and Pat Spearman are designated as the first and second alternate members, respectively, for Senator Kelvin Atkinson; and Senators Mark A. Manendo and Debbie Smith are designated as the first and second alternate members, respectively, for Senator Moises Denis; 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.
κ2015 Statutes of Nevada, Page 4077 (FILE NUMBER 39, SR 8)κ
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. At the same time, the Secretary shall also reduce by one the numerical designation on the appropriate list to those alternate members who have higher numerical designations on 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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Assembly Joint Resolution No. 10Assemblymen Dooling, Gardner; Seaman, Shelton, Stewart and Trowbridge
FILE NUMBER 40
Assembly Joint RESOLUTION — Proposing to amend the Nevada Constitution to provide a citizens commission to establish the compensation of certain elected officers.
Legislative Counsels Digest:
Existing law establishes the salaries of the various constitutional officers of this State, members of the Senate and Assembly, justices of the Supreme Court, judges of the Court of Appeals and district judges. (NRS 2.050, 2A.080, 3.030, 218A.630, 218A.635, 223.050, 224.050, 225.050, 226.090, 227.060, 228.070) Existing law also creates an advisory Commission to Review the Compensation of Constitutional Officers, Legislators, Supreme Court Justices, Judges of the Court of Appeals, District Judges and Elected County Officers which is empowered to review and make recommendations to the Legislature concerning the salary of the various offices within its purview. (NRS 281.157-281.1575) This resolution proposes to revise the Nevada Constitution to reserve to a Citizens Commission on Compensation for Certain Elected Officers the power to establish salaries and benefits for various offices within this State, including members of the Senate and Assembly, the Governor, Lieutenant Governor, Secretary of State, State Treasurer, State Controller, Attorney General, justices of the Supreme Court, judges of the Court of Appeals and judges of the District Court, and to establish salaries for various other offices within this State, including county commissioners, district attorneys, sheriffs, county clerks, county assessors, county recorders, county treasurers and public administrators. This resolution also authorizes the Commission to: (1) fix the compensation of the members of the Legislature for each calendar day of service during any regular or special session of the Legislature; and (2) provide compensation to members of the Legislature for the performance of duties as a member of the Legislature outside of a regular or special session.
κ2015 Statutes of Nevada, Page 4078 (FILE NUMBER 40, AJR 10)κ
EXPLANATION Matter in bolded italics is new; matter between
brackets [omitted material] is material to be
omitted.
Whereas, The Nevada Legislature established the Commission to Review the Compensation of Constitutional Officers, Legislators, Supreme Court Justices, Judges of the Court of Appeals, District Judges and Elected County Officers in 1993; and
Whereas, While the Commission is empowered by law to review compensation, hold public hearings and make recommendations for revisions to compensation for the various offices within its purview, it serves a purely advisory function and its recommendations have no effect unless enacted by the Legislature; and
Whereas, A constitutional amendment is required to fully empower such a commission to engage in a comprehensive review of the compensation given to various officers within this State and put into effect its findings; now, therefore, be it
Resolved by the Assembly and Senate of the State of Nevada, Jointly, That a new section, designated Section 33A, be added to Article 4 of the Nevada Constitution to read as follows:
Sec. 33A. 1. The Legislature shall provide by law for a Citizens Commission on Compensation for Certain Elected Officers.
2. The Commission must consist of seven members appointed by the Governor who have diverse personal and professional interests and reside in various geographical areas of this State of which:
(a) One member has expertise in public compensation and is recommended by the Public Employees Retirement Board or its successor organization;
(b) One member represents a nonprofit public interest organization;
(c) One member represents the general public;
(d) One member has experience with the operation of independent businesses in this State and is recommended by an organization which represents the interests of independent businesses in this State;
(e) One member has experience with the operation of a retailer in this State and is recommended by an organization which represents the interests of retailers in this State; and
(f) Two members have experience as officers or members of a labor organization in this State and are recommended by a labor organization in this State.
3. Each member of the Commission must be a resident of this State and must not be a state officer, public employee or lobbyist, or a parent, spouse, sibling, child or dependent relative of a state officer, public employee or lobbyist.
4. Except as otherwise provided in this subsection, the term of office of each member of the Commission is 4 years. The Governor shall appoint three of the members first appointed by him or her for initial terms of 2 years. If a vacancy occurs, the Governor shall fill the vacancy for the unexpired term in the same manner as the original appointment, within 30 days after the vacancy occurs. A member of the Commission may not serve more than two terms.
κ2015 Statutes of Nevada, Page 4079 (FILE NUMBER 40, AJR 10)κ
5. The Governor may remove a member of the Commission only for cause of incapacity, incompetence, neglect of duty, malfeasance in office or failure to meet a qualification set forth in subsection 3.
6. The Commission shall elect a Chair from among its members. Except as otherwise provided in this section, the Commission shall adopt rules of procedure for the conduct of its hearings and any other procedural rules it deems necessary to carry out its duties. The affirmative vote of a majority of all the members appointed to the Commission is required to take action.
7. Members of the Commission are entitled to:
(a) The compensation provided by law for members of the Commission on Judicial Discipline who are not judicial officers; and
(b) The per diem allowance and travel expenses provided by law for state officers and employees generally.
8. The Commission shall:
(a) Study the relationship of salaries and benefits to the duties of the members of the Legislature, the Governor, Lieutenant Governor, Secretary of State, State Treasurer, State Controller, Attorney General, justices of the Supreme Court, judges of the Court of Appeals and judges of the District Courts;
(b) Study the relationship of salaries to the duties of county commissioners, district attorneys, sheriffs, county clerks, county assessors, county recorders, county treasurers and public administrators;
(c) Compare the salaries and benefits of the elected officers set forth in paragraph (a) to the salaries and benefits of persons who are employed by a public or private employer and who have similar qualifications as those elected officers and compare the salaries of the elected officers set forth in paragraph (b) to the salaries of persons who are employed by a public or private employer and who have similar qualifications as those elected officers;
(d) Fix the salaries and benefits of the elected officers set forth in paragraph (a) and fix the salaries of the elected officers set forth in paragraph (b); and
(e) Carry out any duties provided by the Legislature.
9. The Commission may increase, but not diminish, the salary and benefits of an elected officer set forth in paragraph (a) of subsection 8 during his or her term of office. Except for the initial schedule of salaries and benefits for elected officers filed pursuant to subsection 10, the Commission may not increase or decrease the salary of any elected officer by more than 15 percent of the salary of that elected officer provided in the immediately preceding schedule of salaries for elected officers. The Commission may exercise any powers conferred by the Legislature.
10. The Commission shall file its initial schedule of salaries and benefits for elected officers with the Secretary of State not later than January 1, 2019, and shall file a schedule of salaries and benefits not later than January 1 of each odd-numbered year thereafter. Each schedule of salaries and benefits is effective:
κ2015 Statutes of Nevada, Page 4080 (FILE NUMBER 40, AJR 10)κ
(a) For members of the Legislature, for the period from the first Monday of February immediately following the January 1 that the schedule is due through the day before the first Monday of February of the next odd-numbered year; and
(b) For all other elected officers set forth in paragraph (a) or (b) of subsection 8, for the period from July 1 immediately following the January 1 that the schedule is due through June 30 of the next odd-numbered year.
The Legislature shall provide by law for setting apart from each years revenues a sufficient amount of money to pay such salaries and benefits.
11. Before the Commission may file a schedule of salaries and benefits with the Secretary of State, the Commission shall hold at least four meetings to receive public testimony on the schedule. At the last public hearing before the schedule is filed with the Secretary of State, the Commission shall adopt the schedule as originally proposed or as amended. All meetings of the Commission are subject to the provisions of any open meeting laws made applicable generally to other public bodies.
12. The Legislative Counsel Bureau shall include in the Nevada Revised Statutes a copy of the most recent schedule of salaries and benefits established by the Commission and filed with the Secretary of State.
And be it further
Resolved, That Section 32 of Article 4 of the Nevada Constitution be amended to read as follows:
Sec. 32. The Legislature shall have power to increase, diminish, consolidate or abolish the following county officers: County Clerks, County Recorders, Auditors, Sheriffs, District Attorneys and Public Administrators. The Legislature shall provide for their election by the people, and fix by law their duties and , unless fixed by the Citizens Commission on Compensation for Certain Elected Officers pursuant to Section 33A of this Article, fix their compensation. County Clerks shall be ex-officio Clerks of the Courts of Record and of the Boards of County Commissioners in and for their respective counties.
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] the Citizens Commission on Compensation for Certain Elected Officers pursuant to Section 33A of this Article and paid out of the public treasury, for [not to exceed 60 days] each calendar day of service during any regular session of the Legislature and [not to exceed 20 days] during any special session . [; but no increase of such compensation shall take effect during the term for which the members of either house shall have been elected; Provided, that an] The Citizens Commission on Compensation for Certain Elected Officers may provide for the compensation of members of the Legislature for the performance of duties as a member of the Legislature outside of a regular or special session. An appropriation may be made for the payment of such actual expenses as members of the Legislature may incur for postage, express charges, newspapers and stationery not exceeding the sum of Sixty dollars for any general or special session to each member; and Furthermore Provided, that the Speaker of the Assembly, and Lieutenant Governor, as President of the Senate, shall each, during the time of their actual attendance as such presiding officers receive an additional allowance of two dollars per diem.
κ2015 Statutes of Nevada, Page 4081 (FILE NUMBER 40, AJR 10)κ
may be made for the payment of such actual expenses as members of the Legislature may incur for postage, express charges, newspapers and stationery not exceeding the sum of Sixty dollars for any general or special session to each member; and Furthermore Provided, that the Speaker of the Assembly, and Lieutenant Governor, as President of the Senate, shall each, during the time of their actual attendance as such presiding officers receive an additional allowance of two dollars per diem.
And be it further
Resolved, That Section 15 of Article 6 of the 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 are each entitled to receive for their services a compensation to be fixed by [law] the Citizens Commission on Compensation for Certain Elected Officers pursuant to Section 33A of Article 4 and paid in the manner provided by law . [, which must not be increased or diminished during the term for which they have been elected, unless] If a vacancy occurs, [in which case] the successor of the former incumbent is entitled to receive [only such salary as may be] the salary and benefits provided for that office by [law] the Citizens Commission on Compensation for Certain Elected Officers pursuant to Section 33A of Article 4 at the time of his or her election or appointment. [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 9 of Article 15 of the Nevada Constitution be repealed.
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Senate Joint Resolution No. 13Senators Settelmeyer, Gustavson; and Goicoechea
FILE NUMBER 41
Senate JOINT RESOLUTION — Proposing to amend the Nevada Constitution to limit the total amount of certain property taxes that may be levied on real property.
Legislative Counsels Digest:
This resolution proposes to amend the Nevada Constitution to limit the amount of certain property taxes which may be cumulatively levied per year on real property to 1.25 percent of the base value of the property. Additionally, this resolution provides that: (1) if one-half or more of the ownership interest in certain real property is transferred, the base value of the property becomes the cash value of the property on the date the ownership interest is transferred; (2) an improvement to real property increases the base value of the property by the cash value of the improvement, unless the improvement replaces certain improvements which were destroyed, protects the safety of the occupants or improves accessibility to persons with disabilities; (3) the base value of real property cannot increase or decrease from year to year by more than 3 percent, except as otherwise set forth in this resolution; (4) an owner domiciled in Nevada who has attained the age of 62 years may transfer the base value of his or her principal residence to a new residence of comparable value; and (5) an owner whose real property is taken by the exercise of eminent domain may transfer the base value of the condemned property to a new property of comparable value.
κ2015 Statutes of Nevada, Page 4082 (FILE NUMBER 41, SJR 13)κ
her principal residence to a new residence of comparable value; and (5) an owner whose real property is taken by the exercise of eminent domain may transfer the base value of the condemned property to a new property of comparable value. This resolution further provides that, for the purposes of recalculating the base value of real property subsequent to the material enhancement of an improvement to the property, an improvement to real property is not materially enhanced if the enhancement to the improvement does not increase the area of the improvement, as measured in square feet, by more than 15 percent.
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 7, be added to Article 10 of the Nevada Constitution to read as follows:
Sec. 7. 1. The maximum amount of tax ad valorem that may be cumulatively levied per year on real property is 1.25 percent of the base value of the property. This limit does not apply to taxes ad valorem levied to pay the interest and principal of any bonded indebtedness or to pay any obligation under a contract made in connection with such bonded indebtedness.
2. Except as otherwise provided in subsections 3 to 7, inclusive, the base value of real property is the propertys taxable value from which the assessed value for the Fiscal Year 2017-2018 was calculated.
3. Except as otherwise provided in this subsection and subsection 7, if one-half or more of an ownership interest in real property is transferred, the base value of the property becomes the cash value of the property as of the date of transfer of the ownership interest. The provisions of this subsection do not apply if the transfer of ownership interest is to the spouse, child or grandchild of the transferor, or if the transfer of ownership interest is to or from a separate legal entity of which the transferor is the beneficial owner.
4. Except as otherwise provided in subsection 7:
(a) If existing improvements to real property are materially enhanced or new improvements are constructed, except if constructed to replace existing improvements destroyed by natural disaster or other casualty, the base value of the property must be increased by the cash value of the enhancement or improvement, respectively. For the purposes of this paragraph, an improvement to real property is not materially enhanced if the enhancement to the improvement does not increase the area of the improvement, as measured in square feet, by more than 15 percent.
(b) If real property is converted to another use, the base value of the property must be redetermined after the conversion by appraisal at its cash value in accordance with the new use of the property.
5. Except as otherwise provided in subsections 3, 4 and 7, the base value of real property must not be increased from year to year by any amount greater than the lesser of the increase caused by inflation, if any, or 3 percent. The base value of real property must be decreased from year to year:
(a) To reflect any substantial damage to or destruction of the property; and
κ2015 Statutes of Nevada, Page 4083 (FILE NUMBER 41, SJR 13)κ
(b) By an amount, not to exceed 3 percent, equal to any decrease in the value of the property caused by deflation or other economic or market conditions.
6. For the purposes of subsection 5, inflation and deflation must be measured by the Consumer Price Index for All Urban Consumers compiled by the United States Bureau of Labor Statistics for the preceding calendar year. If the Index specified in this subsection ceases to be compiled, the Legislature shall provide by law for another appropriate method of measuring inflation and deflation.
7. Notwithstanding any provision of this section to the contrary:
(a) An owner domiciled in this State who has attained the age of 62 years may replace his or her principal residence with another of comparable value and transfer to the new residence the base value of the old residence for the purpose of limiting the ad valorem tax on the new residence. If the cash value of the new residence exceeds the cash value of the old residence by more than 10 percent, the base value of the new residence must equal the base value of the old residence plus the amount by which the cash value of the new residence exceeds the cash value of the old residence.
(b) An improvement may be constructed or materially enhanced without changing the base value of real property if the construction or enhancement is necessary to protect the safety of the occupants or improve accessibility to persons with disabilities.
(c) An owner whose real property is taken by the exercise of eminent domain may replace the condemned property with property of comparable value and transfer to the new property the base value of the condemned property for the purpose of limiting the ad valorem tax on the property. If the cash value of the new property exceeds the cash value of the condemned property by more than 10 percent, the base value of the new property must equal the base value of the condemned property plus the amount by which the cash value of the new property exceeds the cash value of the condemned property.
8. The Legislature shall provide by law for:
(a) A uniform and just valuation of the base value of real property; and
(b) Any other measure necessary to implement this section.
9. If any provision of this section or the application thereof to any person, thing or circumstance is held invalid, the invalidity does not affect the provisions or application of this section that can be given effect without the invalid provision or application, and to this end the provisions of this section are severable.
10. As used in this section:
(a) Cash value means the most probable price which property would bring in a competitive and open market under all conditions requisite to a fair sale.
(b) Comparable value means either a lower cash value or up to 10 percent more in cash value.
(c) Condemned property means property taken by the exercise of eminent domain.
κ2015 Statutes of Nevada, Page 4084 (FILE NUMBER 41, SJR 13)κ
And be it further
Resolved, That Section 1 of Article 10 of the Nevada Constitution be amended to read as follows:
Section 1. 1. [The] Except as otherwise provided in Section 7 of this Article, 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.
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.
κ2015 Statutes of Nevada, Page 4085 (FILE NUMBER 41, SJR 13)κ
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.
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