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RESOLUTIONS AND MEMORIALS
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RESOLUTIONS AND MEMORIALS
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Senate Resolution No. 1Senators Ford and Roberson
FILE NUMBER 1
Senate RESOLUTION — Adopting the Standing Rules of the Senate for the 79th Session of the Legislature.
Resolved by the Senate of the State of Nevada, That the Senate Standing Rules are hereby adopted for the 79th Session of the Legislature as follows:
I. OFFICERS AND EMPLOYEES
Duties of Officers
Rule No. 1. President.
The President shall take the chair and call the Senate to order precisely at the hour appointed for meeting, and if a quorum is present shall cause the Journal of the preceding day to be read. The President shall preserve order and decorum, and in case of any disturbance or disorderly conduct within the Senate Chamber, shall order the Sergeant at Arms to suppress it, and may order the arrest of any person creating any disturbance within the Senate Chamber. The President may speak to points of order in preference to members, rising from the Presidents seat for that purpose, and shall decide questions of order without debate, subject to an appeal to the Senate by two members, on which appeal no member may speak more than once without leave of the Senate. The President shall sign all acts, addresses and joint resolutions, and all writs, warrants and subpoenas issued by order of the Senate; all of which must be attested by the Secretary. The President has general direction of the Senate Chamber.
Rule No. 2. President Pro Tempore and Other Presiding Officers.
1. Except as otherwise provided in subsection 2:
(a) The President Pro Tempore has all the power and shall discharge all the duties of the President during his or her absence 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.
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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.
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.
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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.
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.
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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?
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:
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(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.
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-697, 701-704B, 706A, 707, 711 and 712 of NRS, except measures affecting marijuana and measures affecting primarily state and local revenue.
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(b) Education, seven members, with jurisdiction over measures affecting primarily chapters 353B, 378-380A, 385-386 and 388-399 of NRS, except measures affecting marijuana and 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 marijuana and 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, 21, 25, 27, 28, 30, 36 and 37 of NRS, and chapters 223-228, 232-233I, 234-237, 238-242, 271, 277-280, 286-289, 353, 353A, 353C-358, 381, 384, 472-474, 477, 693B, 708-710 and 720 of NRS, except measures affecting marijuana and 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 446-453, 453B, 453C, 454-458A, 460 and 583-585 of NRS, except measures affecting marijuana and measures affecting primarily state and local revenue.
(f) Judiciary, seven members, with jurisdiction over measures affecting marijuana and 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, 453A, 453D, 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, chapters 281-285 of NRS, and the operation of the legislative session, except measures affecting marijuana and measures affecting primarily state and local revenue.
(h) Natural Resources, five members, with jurisdiction over measures primarily affecting titles 26, 45-50 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 marijuana and measures affecting primarily state and local revenue.
(i) Revenue and Economic Development, seven members, with jurisdiction over measures affecting primarily title 32 of NRS, chapters 231, 231A, 237A and 271A-274 of NRS, and state and local revenue, except measures affecting marijuana.
(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 marijuana and 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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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 Majority Leader 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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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.
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 Chair and shall report back to the committee. If a member of a subcommittee is not a member of the standing or select committee for which the subcommittee is created, the approval of the Majority Leader is required for that members appointment. 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.
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8. All committee and subcommittee meetings are open to the public, except as otherwise provided in Senate Standing Rule No. 13.
9. Before reporting a bill or resolution to the Senate, a committee may reconsider its action. A motion to reconsider must be made by any member who voted on the action.
10. The Chair of a committee shall determine the agenda of each meeting of the committee except that a member of the committee may request an item for the agenda by communicating with the Chair at least 4 days before the meeting. A majority of a committee may, by vote, add an item to the agenda of the next regularly scheduled meeting.
11. Secretaries to committees shall give notices of hearings on bills to anyone requesting notices of particular bills.
12. All committees shall keep minutes of meetings. The minutes must cover members present and absent, subjects under discussion, witnesses who appear, committee members statements concerning legislative intent, action taken by the committee, as well as the vote of individual members on all matters on which a vote is taken. Any member may submit to the secretary additional remarks to be included in the minutes and records of committee meetings. At the conclusion of the legislative session, the Secretary of the Senate shall deliver all minutes and records of committee meetings in his or her possession to the Director of the Legislative Counsel Bureau.
13. In addition to the minutes, the committee secretary shall maintain a record of all bills, including:
(a) Date bill referred;
(b) Date bill received;
(c) Date set for hearing the bill;
(d) Date or dates bill heard and voted upon; and
(e) Date report prepared.
14. Each committee secretary shall file the minutes of each meeting with the Secretary of the Senate as soon as practicable after the meeting.
15. All committee minutes and any subcommittee minutes required to be kept pursuant to subsection 6 are open to public inspection upon request and during normal business hours.
Rule No. 54. Review of State Agency Programs.
In addition to or concurrent with committee action taken on specific bills and resolutions during a regular session of the Legislature, each standing committee of the Senate is encouraged to plan and conduct a general review of selected programs of state agencies or other areas of public interest within the committees jurisdiction.
The next rule is 60.
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.
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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.
Rule No. 62. When Not Entertained.
1. When a motion to postpone indefinitely has been decided, it must not be again entertained on the same day.
2. When a question has been postponed indefinitely, it must not again be introduced during the 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 unless a motion to reconsider a final vote on a bill or resolution or any other action is pending. 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 the Senate determines 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.
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Rule No. 68. To Reconsider — Precedence of.
A motion to reconsider has precedence over every other motion, including a motion to adjourn. A motion to reconsider a final vote on a bill or resolution or any other action shall be in order only on the day on which the final vote or action is taken and the vote on such a motion to reconsider must be taken on the same day.
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.
κ2017 Statutes of Nevada, Page 4495 (FILE NUMBER 1, SR 1)κ
Rule No. 91. Suspension of Rule.
No standing rule or order of the Senate shall be rescinded or changed without a 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. 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.
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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:
(a) The Senator introducing the bill;
(b) The person requesting a committee introduction of the bill; or
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(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.
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.
κ2017 Statutes of Nevada, Page 4498 (FILE NUMBER 1, SR 1)κ
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.
Κ In such case, if the Senator is the only sponsor of the bill or resolution, another Senator may rise and request that his or her name be added to the bill or resolution as a sponsor without receiving the approval from the original sponsor.
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.
κ2017 Statutes of Nevada, Page 4499 (FILE NUMBER 1, 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. 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. Vetoed Bills.
Bills which have passed the Legislature, and forwarded by letter, to the Senate by the Secretary of State or the Governor and which are accompanied by a message of the Governors disapproval, or veto of the same, shall become a special order and, at which time, the said message shall be read, together with the bill or bills so disposed or vetoed; and the message and bill shall be read without interruption, consecutively, one following the other, and not upon separate occasions; and no such bill or message shall be referred to any committee, or otherwise acted upon, save as provided by rule, custom and law; that is to say, that immediately following such reading the only questions (except as hereinafter stated) which shall be put by the Chair is, Shall the bill pass, notwithstanding the objections of the Governor? It shall not be in order, at any time, to vote upon such vetoed bill without the same having first been read; the merits of the bill itself may be debated and the only motions entertained after the Chair has stated the question are a motion for The previous question, or a motion for No further consideration of the vetoed bill.
κ2017 Statutes of Nevada, Page 4500 (FILE NUMBER 1, SR 1)κ
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.
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.
κ2017 Statutes of Nevada, Page 4501 (FILE NUMBER 1, SR 1)κ
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.
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.
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(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.
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 Ford and Roberson
FILE NUMBER 2
Senate RESOLUTION — Providing allowances to the leadership and other members of the Senate for periodicals, stamps, stationery and communications.
Resolved by the Senate of the State of Nevada, That the sum to be allowed, as provided by law, for each member of the Senate for periodicals, stamps and stationery is $60 and for the use of telephones is $2,800, and the sum to be allowed, as provided by law, for the President and President Pro Tempore of the Senate, the Majority and Minority Leaders of the Senate, and the chair of each standing committee of the Senate for postage, telephone tolls and other communication charges is $900; and be it further
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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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Senate Resolution No. 3Senators Ford and Roberson
FILE NUMBER 3
Senate RESOLUTION — Recognizing the appointment of the Senate Session staff.
Resolved by the Senate of the State of Nevada, That the following persons are elected staff of the Senate for the 79th Session of the Legislature of the State of Nevada: Felicia Archer, Michael Archer, Michael Bajorek, Martha Barnes, Stella Blood, Jan E. Brase, Patricia Brisbin, Steven Brummer, Daniel Burdish, Debra Carmichael, Sharon Carter, Marie Cavin, Edgar Cervantes, Jackie Cheney, Eileen Church, Eva Chwalisz, Cynthia Clampitt, Eddie Cordisco Jr., Ashley Cruz, La Niesha Dawson, Patricia Devereux, Lona Domenici, Suzanne Efford, Kathryn Ely, Kurt Englehart, Gabriela Everett, Gayle Farley, Linda Gentry, Jack Giesea, Alexander Goddard, Susan Hanshew, Terry Harmon, Lynn Hendricks, Gail Herstead, Linda Hiller, Joyce Hollister, Judy Jackson, Haley Johnson, Janae Johnson, Diana Jones, Lynette Jones, Betty Kaminski, Shelley Kyle, Colleen Lennox, Denise Lopez, Tammy Lubich, John Lukens, Matthew Lush, Alexander Marks, Lezlie Mayville, Marilyn McElhany, Toshi McIntosh, Benjamin Mendez-Plancarte, Janet Meredith, Terri Miller, Christine Miner, Arzella Moots, Julie Newman, Tina Nguyen, Colby Nichols, Steven Orr, Blayne Osborne, Teri Peterson, Gena Plummer, Daniel Putney, Mary Janet Ramos, Gayle Rankin, Sherry Lee Rodriguez, Guicela Sandoval-Lopez, Deborah Shope, Ciria Sosa, Jean Spell, Jerry Stacy, Luisa Stringer, Mary Sullivan, Debbie Szaro, Elizabeth Teixeira, Lexine Thompson, Maria Vega, Connie Westadt, Todd Westergard, Susan Whitford, Barbara Williams, Mike Wiley and Jeanine M. Wittenberg.
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κ2017 Statutes of Nevada, Page 4504κ
Assembly Concurrent Resolution No. 1Committee on Legislative Operations and Elections
FILE NUMBER 4
Assembly Concurrent RESOLUTION — Adopting the Joint Standing Rules of the Senate and Assembly for the 79th 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 79th Session of the Legislature are hereby adopted as follows:
CONFERENCE COMMITTEES
Rule No. 1. Procedure Concerning.
1. In every case of an amendment of a bill, or joint or concurrent resolution, agreed to in one House, dissented from in the other, and not receded from by the one making the amendment, each House may appoint a committee to confer with a like committee to be appointed by the other; and, if appointed, the committee 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.
κ2017 Statutes of Nevada, Page 4505 (FILE NUMBER 4, ACR 1)κ
Rule No. 2.4. Proclamation by the Governor Convening Special Session.
Proclamations by the Governor convening the Legislature in special session must, by direction of the presiding officer of each House, be read immediately after the convening of the special session, and must be filed and entered in the Journal of proceedings.
Rule No. 2.6. Messages Between Houses.
Messages from the Senate to the Assembly shall be delivered by the Secretary or a person designated by the Secretary and messages from the Assembly to the Senate shall be delivered by the Chief Clerk or a person designated by the Chief Clerk.
NOTICE OF FINAL ACTION
Rule No. 3. Communications.
Each House shall communicate its final action on any bill or resolution, or matter in which the other may be interested, by written notice. 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:
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(a) The name of each primary joint sponsor, in the order indicated on the colored back of the introductory copy of the bill or resolution; and
(b) The name of each non-primary joint sponsor, in alphabetical order.
3. The Legislative Counsel shall not cause to be printed the name of a standing committee as a joint sponsor on the face of a bill or resolution unless the chair of the committee has signed his or her name next to the name of the committee on the colored back of the introductory copy of the bill or resolution that was submitted to the front desk of the House of origin or the statement required by subsection 5. The Legislative Counsel shall not cause to be printed the name of a Legislator as a primary joint sponsor or non-primary joint sponsor on the face of a bill or resolution unless the Legislator has signed the colored back of the introductory copy of the bill or resolution that was submitted to the front desk of the House of origin or the statement required by subsection 5.
4. Upon introduction, any bill or resolution that sets forth the names of primary joint sponsors or non-primary joint sponsors, or both, must be numbered in the same numerical sequence as other bills and resolutions of the same House of origin are numbered.
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.
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must be determined by the Director of the Legislative Counsel Bureau to approximate the cost of handling and postage for the entire session.
RESOLUTIONS
Rule No. 7. Types, Usage and Approval.
1. A joint resolution must be used to:
(a) Propose an amendment to the Nevada Constitution.
(b) Ratify a proposed amendment to the United States Constitution.
(c) Address the President of the United States, Congress, either House or any committee or member of Congress, any department or agency of the Federal Government, or any other state of the Union.
2. A concurrent resolution must be used to:
(a) Amend these Joint Standing Rules, which requires a majority vote of each House for adoption.
(b) Request the return from the Governor of an enrolled bill for further consideration.
(c) Request the return from the Secretary of State of an enrolled joint or concurrent resolution for further consideration.
(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.
κ2017 Statutes of Nevada, Page 4508 (FILE NUMBER 4, ACR 1)κ
Rule No. 9.5. Adjournment Sine Die.
1. The Legislature shall not take any action on a bill or resolution after midnight Pacific time at the end of the 120th consecutive calendar day of session, inclusive of the day on which the session commences. Any legislative action taken after midnight Pacific time at the end of the 120th consecutive calendar day of session is void, unless the legislative action is conducted during a special session.
2. A Legislator shall not take any action to impede the progress of the Legislature in completing its business by the time specified in subsection 1.
3. The Legislature and its members, officers and employees shall not employ any device, pretense or fiction that adjusts, evades or ignores the measure of time specified in subsection 1 for the purpose of extending the duration of the session.
4. Any action taken in violation of subsection 2 or 3 shall be deemed out of order.
5. As used in this Rule, midnight Pacific time must be determined based on the actual measure of time that, on the final calendar day of the session, is being used and observed by the general population as the uniform time for the portion of Nevada which lies within the Pacific time zone, or any legal successor to the Pacific time zone, and which includes the seat of government of this State as designated by Section 1 of Article 15 of the Nevada Constitution.
EXPENDITURES FROM THE LEGISLATIVE FUND
Rule No. 10. Manner of Authorization.
Except for routine salary, travel, equipment and operating expenses, no expenditures shall be made from the Legislative Fund without the authority of a concurrent resolution regularly adopted by the Senate and Assembly.
LEGISLATIVE COMMISSION
Rule No. 11. Membership and Organization.
1. When members of the minority party in the Senate or in the Assembly comprise one-third or less of the total number elected to that House, minority party membership for that House on the Legislative Commission must be:
(a) One, if such membership is less than one-fifth of the total number elected to that House.
(b) Two, if such membership is at least one-fifth but not more than one-third of the total number elected to that House.
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.
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the Legislature shall be filled by the proper alternate member as designated by that House. If there is no proper alternate member, the Legislative Commission shall fill the vacancy by appointing a Senator or Assemblyman or Assemblywoman of the same party.
4. If for any reason a member is or will be absent from a meeting and there are no alternates available, the Chair of the Commission may appoint a member of the same House and political party to attend the meeting as an alternate.
5. The members shall serve until their successors are appointed by resolution as provided in NRS 218E.150, except that the membership of any member who does not become a candidate for reelection or who is defeated for reelection shall terminate on the day next after the election and the vacancy shall be filled as provided in this Rule.
6. The Chair shall be selected at the first meeting of the newly formed Legislative Commission and shall serve until his or her successor is appointed following the formation of the next Legislative Commission.
RECORDS OF COMMITTEE PROCEEDINGS
Rule No. 12. Duties of Secretary of Committee and Director.
1. Each standing committee of the Legislature shall cause a record to be made of the proceedings of its meetings.
2. The secretary of a standing committee shall:
(a) Label each record with the date, time and place of the meeting and also indicate on the label the numerical sequence in which the record was made;
(b) Keep the records in chronological order; and
(c) Deposit the records upon completion with the Director of the Legislative Counsel Bureau.
3. The Director of the Legislative Counsel Bureau shall:
(a) Make the records available for accessing by any person during office hours under such reasonable conditions as the Director may deem necessary; and
(b) Retain the records for two bienniums and at the end of that period keep some form or copy of the record in any manner the Director deems reasonable to ensure access to the record in the foreseeable future.
REAPPORTIONMENT AND REDISTRICTING
Rule No. 13. Responsibility for Measures.
The Majority Leader of the Senate and the Speaker of the Assembly may appoint a Select Committee on Redistricting for their respective Houses, which 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. 13.3, 13.4, 13.6 and 14.6.
Rule No. 13.1. Reserved.
Rule No. 13.2. Reserved.
κ2017 Statutes of Nevada, Page 4510 (FILE NUMBER 4, 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, 52 U.S.C. § 10301, 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 packing or cracking.
3. Racial packing exists when:
(a) Race is the dominant and controlling rationale in drawing district lines; and
(b) The district lines are drawn to concentrate members of a group into a single district, thereby diminishing their impact as individual voters.
4. Racial cracking exists when:
(a) Race is the dominant and controlling rationale in drawing district lines; and
(b) District lines are drawn to split members of a group among multiple districts, so as to dilute their impact and to prevent them from constituting a majority.
5. 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.
Rule No. 13.6. Public Participation.
1. The redistricting committees shall seek and encourage:
(a) Public participation in all aspects of the reapportionment and redistricting activities; and
(b) The widest range of public input into the deliberations relating to those activities.
2. Notices of all meetings of the redistricting committees must be transmitted to any member of the public who so requests, without charge.
3. All interested persons are encouraged to appear before the redistricting committees and to provide their input regarding the reapportionment and redistricting activities. The redistricting committees shall afford a reasonable opportunity to any interested persons to present plans for redistricting, or amendments to plans for redistricting, unless such plans demonstrably fail to meet the minimally acceptable criteria set forth in this Rule and Joint Standing Rules Nos. 13, 13.3 and 13.4.
4. Each of the redistricting committees shall fully utilize available videoconferencing capabilities and shall, either jointly or separately, hold at least one hearing in the southern portion of the State and at least one hearing in a rural portion of the State to allow residents throughout the State an opportunity to participate in the deliberations relating to the reapportionment and redistricting activities.
κ2017 Statutes of Nevada, Page 4511 (FILE NUMBER 4, ACR 1)κ
at least one hearing in the southern portion of the State and at least one hearing in a rural portion of the State to allow residents throughout the State an opportunity to participate in the deliberations relating to the reapportionment and redistricting activities.
5. The Legislative Counsel Bureau shall make available to the public copies of the validated 2010 census database for the cost of reproducing the database.
6. The redistricting committees shall make available for review by the public, copies of all maps prepared at the direction of the committees.
LIMITATIONS ON INTRODUCTION AND REQUESTS FOR DRAFTING OF LEGISLATIVE MEASURES
Rule No. 14. Limitations on Drafting and Requirements for Introduction; 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 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 8th calendar day of the legislative session, allocate all, some or none of the 60 requests 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 member and standing committee of their respective Houses, and as Majority Leader or Speaker, as applicable, 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.
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.
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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 Senator or member of the Assembly, a standing committee of the Assembly or Senate or the Majority Leader of the Senate or the Speaker of the Assembly on or before the 15th calendar day of the legislative session pursuant to subsection 1 of Joint Standing Rule No. 14, the member, chair of the standing committee or his or her designee, and the Majority Leader and Speaker, as applicable, 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 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
(2) The last day for introduction of the bill or joint resolution as required by paragraph (e),
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 (e),
Κ whichever is earlier.
κ2017 Statutes of Nevada, Page 4513 (FILE NUMBER 4, ACR 1)κ
(c) If the bill or joint resolution requires a second or subsequent revision, such information as is required to draft the revision must be submitted to the Legislative Counsel before the 15th calendar day following delivery of the original introductory copy of the bill or joint resolution. A bill or joint resolution revised pursuant to this 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 (e),
Κ whichever is earlier.
(d) A request that was designated for prefiling pursuant to NRS 218D.150 must be introduced on or before the 8th calendar day of the legislative session.
(e) Except as otherwise provided in subsection 3, the last day for introduction of a bill or joint resolution that was requested by:
(1) Except as otherwise provided in subparagraph (2), a Legislator is the 43rd calendar day of the legislative session.
(2) A Legislator, pursuant to subsection 1 of Joint Standing Rule No. 14, 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.
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.
κ2017 Statutes of Nevada, Page 4514 (FILE NUMBER 4, ACR 1)κ
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 ten 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 three 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. 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.
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(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. 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.
κ2017 Statutes of Nevada, Page 4516 (FILE NUMBER 4, ACR 1)κ
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.
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.
κ2017 Statutes of Nevada, Page 4517 (FILE NUMBER 4, ACR 1)κ
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 LEGISLATIVE COMMITTEES
Rule No. 19. Approval for Meeting During Session and Date for Reporting.
1. A legislative committee that meets during the interim shall not schedule or otherwise hold a meeting during a regular session of the Legislature or during an adjournment pursuant to Joint Standing Rule No. 9 without the prior approval of the Majority Leader of the Senate and the Speaker of the Assembly.
2. 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. 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.
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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.
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.
κ2017 Statutes of Nevada, Page 4519 (FILE NUMBER 4, ACR 1)κ
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.
________
Assembly Resolution No. 1Committee on Legislative Operations and Elections
FILE NUMBER 5
Assembly RESOLUTION — Adopting the Standing Rules of the Assembly for the 79th Session of the Legislature.
Resolved by the Assembly of the State of Nevada, That the Assembly Standing Rules are hereby adopted for the 79th Session of the Legislature as follows:
κ2017 Statutes of Nevada, Page 4520 (FILE NUMBER 5, AR 1)κ
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.
(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.
κ2017 Statutes of Nevada, Page 4521 (FILE NUMBER 5, AR 1)κ
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.
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.
κ2017 Statutes of Nevada, Page 4522 (FILE NUMBER 5, AR 1)κ
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. Convening of the Assembly between Legislative Sessions.
1. The Assembly may be convened at any time between sessions of the Legislature upon a petition signed by a majority of the members elected to the Assembly to consider and take action on any matter that is solely and exclusively within the constitutional or inherent powers of the Assembly, including, without limitation, any matter that may be considered and acted on by the Assembly pursuant to its plenary and exclusive constitutional powers under Article 4, Section 6 of the Nevada Constitution or pursuant to its inherent powers of institutional self-protection and self-preservation to govern, control and regulate its membership and its internal organization, affairs and management.
2. A petition convening the Assembly pursuant to this Rule must specify the matter that will be considered or acted on by the Assembly, indicate a date for the Assembly to convene and be transmitted to the Chief Clerk of the Assembly. Upon receipt of one or more substantially similar petitions signed, in the aggregate, by a majority of the members elected to the Assembly, the Chief Clerk shall notify all members of the Assembly that the Assembly will be convened pursuant to this Rule and the date on which the Assembly will be convened.
3. The Assembly hereby finds and declares that:
(a) The Nevada Constitution invests each House of the Legislature with certain plenary and exclusive constitutional powers which may be exercised only by that House and which cannot be usurped, infringed or impaired by the other House or by any other branch of Nevadas State Government. (Heller v. Legislature, 120 Nev. 456 (2004); Commission on Ethics v. Hardy, 125 Nev. 285 (2009); Masons Manual of Legislative Procedure §§ 2-3 & 560-564 (2010) (Masons Manual))
(b) Article 4, Section 6 of the Nevada Constitution invests each House with plenary and exclusive constitutional powers to govern, control and regulate its membership and its internal organization, affairs and management, expressly providing that: Each House shall judge of the qualifications, elections and returns of its own members, choose its own officers (except the President of the Senate), determine the rules of its proceedings and may punish its members for disorderly conduct, and with the concurrence of two thirds of all the members elected, expel a member.
(c) In addition to its plenary and exclusive constitutional powers, each House possesses certain inherent powers of institutional self-protection and self-preservation to govern, control and regulate its membership and its internal organization, affairs and management. (In re Chapman, 166 U.S. 661, 668 (1897); Masons Manual § 2; Luther S.
κ2017 Statutes of Nevada, Page 4523 (FILE NUMBER 5, AR 1)κ
U.S. 661, 668 (1897); Masons Manual § 2; Luther S. Cushing, Elements of the Law & Practice of Legislative Assemblies § 533 (1856) (Cushings Legislative Assemblies))
(d) The inherent powers of each House are considered so essential to the authority of a legislative assembly, that it cannot well exist without them; and they are consequently entitled to be regarded as belonging to every such assembly as a necessary incident. (Cushings Legislative Assemblies § 533)
(e) The inherent powers of each House authorize it to take all necessary and proper institutional actions that are recognized by the common parliamentary law. (Cushings Legislative Assemblies § 684)
(f) Thus, it is well established that each House is vested with all the powers and privileges which are necessary and incidental to a free and unobstructed exercise of its appropriate functions. These powers and privileges are derived not from the Constitution; on the contrary, they arise from the very creation of a legislative body, and are founded upon the principle of self-preservation. (Ex parte McCarthy, 29 Cal. 395, 403 (1866))
The next rule is 20.
III. DECORUM AND DEBATE
Rule No. 20. Points of Order.
If any member, in speaking or otherwise, transgresses the rules of the Assembly, the Speaker shall, or any member may, call to order, in which case the member so called to order shall immediately sit down, unless permitted to explain; and if called to order by a member, such member shall immediately state the point of order. If the point of order be sustained by the presiding officer, the member shall not be allowed to proceed; but if it be not sustained, then the member shall be permitted to go on. Every such decision from the presiding officer shall be subject to an appeal to the House; but no discussion of the question of order shall be allowed unless an appeal be taken from the decision of the presiding officer.
Rule No. 21. Portable Electronic Communication Devices.
1. A person who is within the Assembly Chambers shall not engage in a telephone conversation via the use of a portable telephone.
2. Before entering the Assembly Chambers, any person who possesses a portable electronic communication device, such as a pager or telephone, that emits an audible alert, such as a ringing or beeping sound, to signal an incoming message or call, shall turn the audible alert off. A device that contains a nonaudible alert, such as a silent vibration, may be operated in a nonaudible manner within the Assembly Chambers.
Rule No. 22. Reserved.
Rule No. 23. Select Committee on Ethics; Legislative Ethics.
1. The Select Committee on Ethics consists of:
(a) Two members of the Assembly appointed by the Speaker from the majority political party;
(b) One member of the Assembly appointed by the Minority Leader from the minority political party; and
κ2017 Statutes of Nevada, Page 4524 (FILE NUMBER 5, AR 1)κ
(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.
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;
κ2017 Statutes of Nevada, Page 4525 (FILE NUMBER 5, AR 1)κ
(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 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.
κ2017 Statutes of Nevada, Page 4526 (FILE NUMBER 5, AR 1)κ
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.
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.
κ2017 Statutes of Nevada, Page 4527 (FILE NUMBER 5, AR 1)κ
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.
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.
2. Judiciary.
3. Corrections, Parole, and Probation.
4. Taxation.
5. Education.
6. Legislative Operations and Elections.
7. Natural Resources, Agriculture, and Mining.
8. Transportation.
9. Commerce and Labor.
10. Health and Human Services.
11. Government Affairs.
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.
κ2017 Statutes of Nevada, Page 4528 (FILE NUMBER 5, AR 1)κ
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.
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.
κ2017 Statutes of Nevada, Page 4529 (FILE NUMBER 5, AR 1)κ
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.
(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.
κ2017 Statutes of Nevada, Page 4530 (FILE NUMBER 5, AR 1)κ
3. The committee shall, not later than 5 calendar days after the contest was referred to the committee, report to the Assembly its findings on whether the contestant has met the burden of proving that any irregularities shown were of such a nature as to establish that the result of the election was changed thereby. The committee shall then report to the Assembly its recommendation on which person should be declared elected or report that it has no recommendation. The Assembly shall, as soon as practicable thereafter but not later than 7 calendar days after the Speaker received the statement of contest, vote whether to accept or reject the committees recommendation without amendment, if a recommendation is made. If the recommendation is accepted, the Speaker shall declare the recommended person elected. If the recommendation is rejected or the committee did not make a recommendation, the Assembly shall consider immediately which person should be declared elected. The Speaker shall not adjourn the Assembly until it has declared a person to be elected.
4. If a person other than the person initially seated as a member of the Assembly pursuant to subsection 2 of NRS 293.427 is declared to be elected by the Assembly as a result of the contest, the Speaker shall inform the Governor of the identity of the person declared to be elected by the Assembly.
C. Duties of Committee Officers, Committee Members and Committee Staff
Rule No. 47. Committee Chairs.
1. The chair has all authority necessary to ensure an efficient operation of the committee or subcommittee.
2. The chair shall have general direction of the committee room or other meeting place of the committee, and in case of any disturbance or disorderly conduct therein, or if the peace, good order, and proper conduct of the legislative business is hindered by any person or persons, the chair shall have power to exclude from the session any individual or individuals so hindering the legislative business.
3. Possessing the powers and performing the duties described in this Rule, each committee chair shall:
(a) Preside over committee meetings and put all questions before the committee;
(b) Preserve order and decorum and decide all questions of order;
(c) Determine the order of bills for hearing;
(d) Prepare and distribute the committees agenda;
(e) Prepare and distribute a work session document that contains a list of all measures on which the committee is ready to consider final action;
(f) Call recesses of the committee as deemed necessary;
(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;
κ2017 Statutes of Nevada, Page 4531 (FILE NUMBER 5, AR 1)κ
(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:
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.
κ2017 Statutes of Nevada, Page 4532 (FILE NUMBER 5, AR 1)κ
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.
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.
κ2017 Statutes of Nevada, Page 4533 (FILE NUMBER 5, AR 1)κ
3. All directions, assignments, or requests on behalf of the committee must be communicated to its staff and to the personnel of the Legislative Counsel Bureau by the chair of the committee. A member of the committee must submit such requests to the chair for transmittal to the staff of the committee or to the personnel of the Legislative Counsel Bureau.
4. The chair may report instances of misconduct or indecorum by any committee member or other person to the Assembly for its consideration and action.
Rule No. 54. Testimony, Witnesses and Exhibits.
1. All persons wishing to offer testimony to a committee shall be given a reasonable opportunity to do so as determined by the chair.
2. In addressing the committee, a person must state for the record whether he or she supports, opposes or is neutral to the bill or resolution before the committee. For purposes of legislative intent:
(a) Support of a bill or resolution shall be construed as:
(1) Approval of the measure as written; or
(2) Approval of the measure as written along with proposed amendments that have been approved by the sponsor of the measure.
(b) Opposition to a bill or resolution shall be construed as:
(1) Not supporting the measure as written; or
(2) Opposing the measure as revised by an amendment that has not been approved by the sponsor of the measure.
(c) A neutral position on a bill or resolution is one in which the person offers particular insight on the measure but expresses no position on the measure.
3. Persons addressing the committee shall keep their remarks to the point and avoid repetition and are subject to call to order by the chair for failure to do so.
4. A person shall not be excluded from a meeting or public hearing of a committee or subcommittee except in case of any disturbance or disorderly conduct, or if the peace, good order, and proper conduct of the legislative business is hindered by the person or persons.
5. Questions from the committee will be restricted to relevant subject areas.
6. When the chair deems necessary, witnesses will be sworn in pursuant to NRS 218E.040 before providing testimony.
7. Unless waived or revised by the chair, handouts for hearings, including proposed amendments:
(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.
κ2017 Statutes of Nevada, Page 4534 (FILE NUMBER 5, AR 1)κ
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.
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 approval by the Speaker or 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.
κ2017 Statutes of Nevada, Page 4535 (FILE NUMBER 5, AR 1)κ
8. Absent the consent of the chair and the approval of the Speaker, the chair must be present when the committee votes to take any final action regarding bills or resolutions.
9. No member of the committee may vote by proxy under any circumstances.
10. A committee shall not take a vote on the question of whether to exercise its statutory authority to issue a legislative subpoena unless the chair or other person approved by the Speaker has informed the Speaker of the intention of the committee to consider such a question.
11. Every committee vote on a matter pertaining to a bill or resolution must be recorded. The vote may be taken by roll call at the discretion of the chair.
12. A member may change his or her vote at any time before the announcement of the vote if the voting is by voice. The announcement of the result of any vote shall not be postponed.
13. Unless a committee member advises the chair otherwise, it will be presumed that the member will vote on an amendment or on a measure, during a floor session, consistent with his or her vote in the committee.
14. A bill, resolution, or amendment in a committee having been rejected twice may not be brought up again during the same legislative session.
15. The minority of a committee may not make a report or present to the House an alternative report.
F. Parliamentary Authority
Rule No. 58. Precedence of Parliamentary Authority for Committees.
The precedence of parliamentary authority for the purpose of actions in a committee is set forth in Assembly Standing Rule No. 100.
G. Decorum and Debate in Committees
Rule No. 59. Portable Electronic Communication Devices.
1. A person who is within an Assembly committee room shall not engage in a telephone conversation via the use of a portable telephone.
2. No person shall engage in any conduct during a committee meeting which undermines the decorum of the meeting. Before entering an Assembly committee room, any person who possesses a portable electronic communication device, such as a pager or telephone, that emits an audible alert, such as a ringing or beeping sound, to signal an incoming message or call, shall turn the audible alert off. A device that contains a nonaudible alert, such as a silent vibration, may be operated in a nonaudible manner within an Assembly committee room. 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.
κ2017 Statutes of Nevada, Page 4536 (FILE NUMBER 5, AR 1)κ
Rule No. 62. Points of Order.
If any member, in speaking or otherwise, transgresses the rules of the Assembly, the chair shall, or any member may, call to order, in which case the member so called to order shall immediately yield to the floor, unless permitted to explain; and if called to order by a member, such member shall immediately state the point of order. If the point of order be sustained by the presiding officer, the member shall not be allowed to proceed; but if it be not sustained, then the member shall be permitted to go on. Every such decision from the presiding officer shall be subject to an appeal to the committee; but no discussion of the question of order shall be allowed unless an appeal be taken from the decision of the presiding officer.
Rule No. 63. Reserved.
VI. RULES GOVERNING MOTIONS
Rule No. 64. Entertaining.
No motion may be debated until it is distinctly announced by the presiding officer. The presiding officer, upon his or her own motion or at the request of a member, may direct that the motion be reduced to writing and be read by the Chief Clerk before the motion is debated. A motion may be withdrawn by the maker at any time before amendment or before the motion is put to vote.
Particular Motions
Rule No. 65. Indefinite Postponement.
When a question is postponed indefinitely, the same question must not be considered again during the session and the question is not subject to a motion for reconsideration.
Rule No. 66. To Strike Enacting Clause.
A motion to strike out the enacting clause of a bill or resolution does not take precedence over any other subsidiary motion. If the motion is carried, it shall be considered equivalent to the rejection of such bill or resolution.
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.
κ2017 Statutes of Nevada, Page 4537 (FILE NUMBER 5, AR 1)κ
VII. DEBATE
Rule No. 80. Speaking on Question.
1. No member shall speak more than twice during the consideration of any one question, on the same day, and at the same stage of proceedings, without leave. Members who have once spoken shall not again be entitled to the floor (except for explanation) to the exclusion of others who have not spoken.
2. When a member speaks under Order of Business 11, 12, 13 or 14 of Assembly Standing Rule No. 120, the member must limit his or her remarks to an explanation of the issue or an explanation of the bill, resolution or amendment. If the member desires to speak on the importance of such issue, bill, resolution or amendment, the member must request permission to speak under Order of Business 15 of Assembly Standing Rule No. 120.
Rule No. 81. Previous Question.
The previous question shall be put only when demanded by three members. The previous question shall not be moved by the member last speaking on the question.
Rule No. 82. Privilege of Closing Debate.
The author of a bill, a resolution or a main question shall have the privilege of closing the debate, unless the previous question has been sustained.
The next rule is 91.
VIII. CONDUCT OF BUSINESS
A. Rules and Procedure
Rule No. 91. Rescission, Change or Suspension of Rule.
No standing rule or order of the Assembly shall be rescinded or changed without a vote of a majority of the members elected; but a rule or order may be suspended temporarily by a vote of a majority of the members present.
Rule No. 92. Reserved.
Rule No. 93. Reserved.
Rule No. 94. Privilege of the Floor and Lobbying.
1. Except as otherwise provided in subsection 2, no person, except former Assemblymen and Assemblywomen not currently serving in the Senate, 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.
κ2017 Statutes of Nevada, Page 4538 (FILE NUMBER 5, AR 1)κ
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.
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.
κ2017 Statutes of Nevada, Page 4539 (FILE NUMBER 5, AR 1)κ
Rule No. 101. Reserved.
Rule No. 102. Privileged Questions.
Privileged questions have precedence over all others in the following order:
1. Motions to fix the time to which the Assembly shall adjourn.
2. Motions to adjourn.
3. Questions relating to the rights and privileges of the Assembly or any of its members.
4. A call of the House.
5. Motions for special orders.
Rule No. 103. Reserved.
B. Bills
Rule No. 104. Reserved.
Rule No. 105. Reserved.
Rule No. 106. Skeleton Bills.
The introduction of skeleton bills is authorized when, in the opinion of the sponsor and the Legislative Counsel, the full drafting of the bill would entail extensive research or be of considerable length. A skeleton bill will be provided for purposes of introduction and committee referral. Such a bill will be a presentation of ideas or statements of purpose, sufficient in style and expression to enable the Legislature and the committee to which the bill may be referred to consider the substantive merits of the legislation proposed.
Rule No. 107. Reserved.
Rule No. 108. Reserved.
Rule No. 109. Reading of Bills.
The 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.
κ2017 Statutes of Nevada, Page 4540 (FILE NUMBER 5, AR 1)κ
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.
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.
κ2017 Statutes of Nevada, Page 4541 (FILE NUMBER 5, AR 1)κ
post a daily statement of the bills on the General File. The Chief Clerk shall likewise post notices of special orders as made.
2. A member who moves to amend a bill or joint resolution during its third reading must limit his or her remarks to an explanation of the amendment. If the member desires to speak on the importance of the amendment, the member must request permission to speak under Order of Business 15 of Assembly Standing Rule No. 120.
3. A member who speaks on third reading regarding the final passage of a bill, joint resolution or initiative petition must limit his or her remarks to an explanation of the bill, joint resolution or initiative petition. If the member desires to speak on the importance of the bill, joint resolution or initiative petition, the member must request permission to speak under Order of Business 15 of Assembly Standing Rule No. 120.
Rule No. 114. Reserved.
Rule No. 115. Reconsideration of Vote on Bill.
1. A motion to reconsider a final vote on a bill or resolution shall be in order only on the day on which the final vote is taken, and the vote on such a motion to reconsider must be taken on the same day. The motion to reconsider can be made only by a member who voted with the prevailing side.
2. A motion to reconsider a vote on an amendment to a pending question must be made at once and can be made only by a member who voted with the prevailing side.
3. A motion to reconsider shall have precedence over every other motion, including a motion to adjourn, if the motion is to reconsider a final vote on a bill or resolution. If the motion to reconsider is for any other action, the motion has precedence over every other motion, except a motion to adjourn or to fix the time to adjourn; and when the Assembly adjourns while a motion to reconsider is pending, the right to move a reconsideration shall continue to the next day of sitting.
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.
κ2017 Statutes of Nevada, Page 4542 (FILE NUMBER 5, AR 1)κ
Rule No. 117. Reserved.
C. Resolutions
Rule No. 118. Treated as Bills — Joint Resolutions.
The procedure of enacting joint resolutions must be identical to that of enacting bills, except that:
1. Joint resolutions, upon enrollment, must be delivered to the Secretary of State; and
2. Joint resolutions proposing amendments to the Constitution must be entered in the Journal in their entirety.
Rule No. 119. Return from the Secretary of State.
An Assembly resolution may be used to request the return from the Secretary of State of an enrolled Assembly resolution for further consideration.
D. Order of Business
Rule No. 120. Order of Business.
The Order of Business must be as follows:
1. Call to Order.
2. Reading and Approval of Journal.
3. Presentation of Petitions.
4. Reports of Standing Committees.
5. Reports of Select Committees.
6. Communications.
7. Messages from the Senate.
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.
κ2017 Statutes of Nevada, Page 4543 (FILE NUMBER 5, AR 1)κ
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.
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.
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Assembly Resolution No. 2Committee on Legislative Operations and Elections
FILE NUMBER 6
Assembly RESOLUTION — Providing for the appointment of Assembly attaches.
Resolved by the Assembly of the State of Nevada, That the following persons are elected as attaches of the Assembly for the 79th 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, Mary A. Matheus, Michael Chapman, Judy Doherty, Robert Guernsey, Vickie Kieffer, Nicole Madden, Jennifer D. Osheroff, Marge Griffin, Patricia A. Manning, Jasmine Shackley, Sally Stoner, Martin Fitzgerald, Ellen DeChristopher, Nate Helton, Teresa Lajara, Sonia Mendez, Linda Corbett, Paul Catha, Sara Wainwright, Divya Narala, Vickie Roberts, Davita Curtis, Andrea Rooney, Sylvia Brown, Celssie Hardy, Barbara Eiche, Deborah Paul, Omar De La Rosa, Tracy Davis, Patricia Demsky, Jeff Dixon III, Sylvia Dominguez-Curry, Patricia Hutson, Mary Lee, Frank Perez, Judith Bishop, Bonnie Borda Hoffecker, Barbara Taylor, Sherie Silva, Patricia Adams, Anne Bowen, Michelle Hamilton, Carmen Neveau, Carol J.
κ2017 Statutes of Nevada, Page 4544 (FILE NUMBER 6, AR 2)κ
Patricia Demsky, Jeff Dixon III, Sylvia Dominguez-Curry, Patricia Hutson, Mary Lee, Frank Perez, Judith Bishop, Bonnie Borda Hoffecker, Barbara Taylor, Sherie Silva, Patricia Adams, Anne Bowen, Michelle Hamilton, Carmen Neveau, Carol J. Thomsen, Keaton Westergard, Janice Wright, Lisa McAlister, Ted Zuend, Pamela Carter, Nancy Davis, Gina Hall, Terry Horgan, Devon Isbell, Janet Jones, Kathryn Keever, Patricia Keyes, Julianne King, Sharon McCallen, Lori McCleary, Erin McHam, Earlene Miller, Carol Myers, Kailey Taylor, Joan Waldock, Karyn Werner, Linda Whimple, Isabel Youngs, Nita Barnes, Mary Bean, Marissa Crook, Briana Escamilla, Laureen Garcia, Ashley Garza, Cyndy Hernandez, Dakota Hoskins, Latoya Kent, April LaLone, Jennifer Lanahan, Linda Law, Sallie Lincoln, Gil Lopez, Sara Menke, Judy Molnar, Leisa Moseley, Leslie Olson, Kelly Osborne, Sheree Rosevear, Christine Salerno, Betty Jo Vonderheide, Linda Waters, Stephen Wood, Elise Sala, Deana Keirstead, Roberto Lusanto Jr., Cindie Kusko, Olivia M. Lloyd, Melissa Loomis, Trinity L.A.Thom, Cheryl Williams, Gary Brady-Herndon, Diane Hudson, Theresa Koch, Janet Lazarus, Kirsten Mashinter, William ODriscoll, Marcia Peterson, Elizabeth Saenz, Nancy Samon, Ross Hemminger, Amy Carver and Linda Fitzgerald.
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Assembly Resolution No. 3Committee on Legislative Operations and Elections
FILE NUMBER 7
Assembly RESOLUTION — Providing allowances to the leadership and other members of the Assembly for periodicals, stamps, stationery and communications.
Resolved by the Assembly of the State of Nevada, That the sum be allowed, as provided by law, for each member of the Assembly for periodicals, stamps and stationery is $60 and for the use of telephones is $2,800, and the sum to be allowed, as provided by law, for the Speaker and Speaker Pro Tempore, Majority Floor Leader, Minority Floor Leader and chair of each standing committee of the Assembly for postage, telephone tolls and other communication charges is $900; and be it further
Resolved, That these amounts be certified by the Speaker and Chief Clerk to the State Controller, who is authorized to draw warrants therefor on the Legislative Fund, and the State Treasurer is thereafter authorized to pay these warrants.
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κ2017 Statutes of Nevada, Page 4545κ
Assembly Concurrent Resolution No. 2Committee on Legislative Operations and Elections
FILE NUMBER 8
Assembly Concurrent RESOLUTION — Providing for the compensation of the clergy and the coordinator of the clergy for services rendered to the Assembly and Senate during the 79th Session of the Nevada Legislature.
Whereas, The members of the 79th Session of the Nevada Legislature sincerely appreciate the daily religious services that will be rendered by members of the clergy representing various denominations; and
Whereas, The invocations offered by the clergy provide inspiration and guidance for the members of the Nevada Legislature as they face the challenges and demands of a legislative session; and
Whereas, The assistance provided by the coordinator of the clergy will facilitate the daily services; and
Whereas, A reasonable compensation should be provided for the clergy who perform such services and for the coordinator of the clergy; now, therefore, be it
Resolved by the Assembly of the State of Nevada, the Senate Concurring, That the State Controller is authorized and directed to pay the sum of $40 per service out of the Legislative Fund to the members of the clergy who perform religious services for the Assembly and the Senate during the 79th Session of the Nevada Legislature; and be it further
Resolved, That the State Controller is authorized and directed to pay the sum of $2,500 to the coordinator of the clergy who facilitates the services for the Assembly and the Senate during the 79th Session of the Nevada Legislature.
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κ2017 Statutes of Nevada, Page 4546κ
Assembly Concurrent Resolution No. 3Assemblymen Monroe-Moreno; Elliot Anderson, Paul Anderson, Araujo, Benitez-Thompson, Bilbray-Axelrod, Brooks, Bustamante Adams, Carlton, Carrillo, Cohen, Daly, Diaz, Edwards, Ellison, Flores, Frierson, Fumo, Hambrick, Hansen, Jauregui, Joiner, Kramer, Krasner, Marchant, McArthur, McCurdy II, Miller, Neal, Ohrenschall, Oscarson, Pickard, Spiegel, Sprinkle, Swank, Thompson, Titus, Tolles, Watkins, Wheeler, Woodbury and Yeager
Joint Sponsors: Senators Denis; Atkinson, Cancela, Cannizzaro, Farley, Ford, Gansert, Goicoechea, Gustavson, Hammond, Hardy, Harris, Kieckhefer, Manendo, Parks, Ratti, Roberson, Segerblom, Settelmeyer, Spearman and Woodhouse
FILE NUMBER 9
Assembly Concurrent RESOLUTION — Memorializing fallen North Las Vegas Police Detective Chad Parque.
Whereas, With great sorrow, we note that on January 7, 2017, the State of Nevada lost Police Detective Chad Parque, a man who dedicated his life to serving and protecting his state and community and who, as a veteran Police Officer and Police Detective, was on the front lines in the unremitting battle for the preservation of law and order; and
Whereas, Chad was born on March 7, 1984, in Merced, California, and was raised and lived the rest of his life in Las Vegas, Nevada; and
Whereas, Chad attended Cheyenne High School where he lettered in baseball and football and graduated in less than 4 years in 2002; and
Whereas, While in high school, Chad met the love of his life Jessica, and on February 2, 2001, Chad summoned the courage to ask her out on a date which she accepted, and 12 days later on Valentines Day, Jessica gave Chad a necklace with a key pendant symbolizing that he had the key to her heart and, without knowing about her gift, Chad gave Jessica a necklace with a heart pendant; and
Whereas, To further his childhood dream of becoming a police officer, Chad enrolled in the Las Vegas Metropolitan Police Departments Law Enforcement Explorer Program, receiving early training on police practices and procedures and being handpicked by the program managers to serve as a squad leader based on his consistent demonstration of maturity, discipline and intelligence; and
Whereas, Soon after completing the Explorer Program, Chad accepted a civilian position with the North Las Vegas Police Department at the Northwest Area Command, helping members of the public complete police reports; and
Whereas, Chads dedication and tenacity paid off when, in 2006, he was hired by the City of North Las Vegas, completed the Police Academy and the Police Departments Field Training Program and, finally, served as a Police Officer, patrolling the streets of his community, helping those in need and combating crime; and
Whereas, Chad married his high school sweetheart Jessica on March 28, 2009, who 4 years later gave birth to the second love of Chads life, their beautiful daughter Riley; and
κ2017 Statutes of Nevada, Page 4547 (FILE NUMBER 9, ACR 3)κ
Whereas, Chads hard work in the Patrol Division was recognized by the Command Staff of the North Las Vegas Police Department and, in 2013, he was assigned to an elite team known as the Problem Solving Unit, where Chad specialized in investigating, confronting, apprehending and neutralizing gang activity in North Las Vegas; and
Whereas, Chad was promoted to Police Detective on July 23, 2016, and assigned to the Property Crimes Division, where he quickly gained a reputation for having a strong work ethic and for being a team player, volunteering to accept additional cases above and beyond his regular rotation in order to lessen the burden on his fellow Detectives; and
Whereas, On the afternoon of January 6, 2017, while leaving the North Las Vegas Justice Court in connection with his regular work duties, Chad was involved in a car crash in which he sustained critical injuries that, notwithstanding Chads tenacious spirit and the monumental effort of nearly a dozen trauma surgeons at the University Medical Center, ultimately claimed Chads life far too soon; and
Whereas, These are tumultuous times in which the law enforcement profession is under great scrutiny and subject to extensive debate as to the scope and timing of force that ought to be employed in the apprehension of criminal misconduct, yet peace officers like Chad are needed now as much as ever; and
Whereas, Chad was a consummate professional, a guardian of the community, a zealous enforcer of laws and a protector of the weak whose conduct was above reproach and whose actions were righteous and based on sound judgment and a pure heart; and
Whereas, Chad leaves behind the two great loves of his life, his wife Jessica and his daughter Riley, as well as his mother Mary, his father Kevin and his sister Nicole, and a legion of brothers and sisters in blue in the North Las Vegas Police Department and the law enforcement community everywhere; now, therefore, be it
Resolved by the Assembly of the State of Nevada, the Senate Concurring, That the members of the 79th Session of the Nevada Legislature hereby extend their deepest condolences to Chads beloved family, to all of his friends and to all of those whose lives were touched by Chad and whose hearts are made heavy by his passing; and be it further
Resolved, That the Chief Clerk of the Assembly prepare and transmit a copy of this resolution to the family of Detective Chad Parque.
________
κ2017 Statutes of Nevada, Page 4548κ
Assembly Concurrent Resolution No. 4Assemblymen Frierson; Elliot Anderson, Paul Anderson, Araujo, Benitez-Thompson, Bilbray-Axelrod, Brooks, Bustamante Adams, Carlton, Carrillo, Cohen, Daly, Diaz, Edwards, Ellison, Flores, Fumo, Hambrick, Hansen, Jauregui, Joiner, Kramer, Krasner, Marchant, McArthur, McCurdy II, Miller, Monroe-Moreno, Neal, Ohrenschall, Oscarson, Pickard, Spiegel, Sprinkle, Swank, Thompson, Titus, Tolles, Watkins, Wheeler, Woodbury and Yeager
Joint Sponsors: Senators Parks; Atkinson, Cancela, Cannizzaro, Denis, Farley, Ford, Gansert, Goicoechea, Gustavson, Hammond, Hardy, Harris, Kieckhefer, Manendo, Ratti, Roberson, Segerblom, Settelmeyer, Spearman and Woodhouse
FILE NUMBER 10
Assembly Concurrent RESOLUTION — Celebrating the life of former Assemblyman Bernie Anderson.
Whereas, The members of the Nevada Legislature on this day remember and celebrate the life of an esteemed colleague and dedicated public servant, former State Assemblyman Bernie Anderson; and
Whereas, Bernard J. Anderson Jr. was born on May 15, 1942, to proud Irish Catholics Bernard and Beatrice Anderson, of Sparks, Nevada; and
Whereas, After graduating from Bishop Manogue Catholic High School and the University of Nevada, Bernie Anderson began teaching government and history in the Reno/Sparks area, a career to which he dedicated more than 30 years of his life; and
Whereas, Teaching was not just a job, it was a passion for Bernie Anderson and he devoted great effort to ensure his students understood the importance of democracy and to share with them his love for this country; and
Whereas, In 1990, Bernie Anderson began his political career, being elected to serve in the Nevada State Assembly, thereafter representing the people of the City of Sparks, Nevada, in Assembly District No. 31 for more than 20 years in the Nevada Legislature, most notably as Chairman of the Assembly Judiciary Committee and serving honorably in various other leadership positions, including Majority Whip and Speaker Pro Tempore; and
Whereas, Although as Chairman of the Assembly Judiciary Committee, Bernie Anderson was a stickler for decorum and known for the efficiency with which he led his committee, as it routinely considered and processed more bills than any other legislative committee he always ensured that the voices of all Nevadans were heard; and
Whereas, The Woodshed located in the offices of Chairman Anderson became infamous to those working with the Judiciary Committee as a place where they would be called upon to answer for their actions or to participate in the mediation of difficult issues, an effective tool which others continue to try to emulate today; and
Whereas, Bernie Andersons knowledge of the legislative process was unparalleled and he took great delight in teaching and mentoring other Legislators; and
κ2017 Statutes of Nevada, Page 4549 (FILE NUMBER 10, ACR 4)κ
Whereas, Bernie Andersons concerted effort to wear a tie each day to match the subjects or occasions being considered at the Legislature was more than a fashion statement, it was subtle notice that he was aware of the legislative agenda for the day and was willing to meet those challenges; and
Whereas, Even though Bernie Andersons first loyalty was to his constituents in the City of Sparks, he believed that as a public servant he was responsible to work toward the good of all Nevadans and always considered the impact of legislation as a whole; and
Whereas, Of the many issues Bernie worked on as a Legislator, he was proudest of his work in creating Nevadas first Drug Courts and combating domestic violence; and
Whereas, This longtime educator brought life to his curriculum by such actions as dressing up as historic characters to interact with his high school students, and peppering his legislative floor speeches with examples of courage shown by the Founding Fathers during the Revolutionary War; and
Whereas, Bernie Anderson had an incomparable ability to combine humor with public policy, as illustrated most notably when he would wear the hat from Cat in the Hat around the halls of the Legislature on March 2nd, the birthdate of Dr. Seuss, and read excerpts of the books on the floor of the Assembly to honor the author and emphasize the importance and joy of reading; and
Whereas, In addition to serving the citizens of Nevada as an educator and Legislator, Bernie was also a Staff Sergeant E-6 in the Nevada Army National Guard from 1960 to 1967, and in 2007 was honored with the Charles Dick Medal of Merit in recognition of his service to the National Guard; and
Whereas, Even above his love of teaching, legislative service, trains and the City of Sparks, was his love for and respect of his wife Clyda and their two daughters, Cairn and Natha Clyde — the mere mention of their names would light up his face; and
Whereas, Bernard J. Anderson Jr. will long be remembered as a devoted husband, father and grandfather, an outstanding public servant and one of the greatest advocates for Sparks and Washoe County; now, therefore, be it
Resolved by the Assembly of the State of Nevada, the Senate Concurring, That the members of the 79th Session of the Nevada Legislature remember and celebrate the life of Bernard J. Anderson Jr. on this day and extend their deepest condolences to Bernies cherished wife Clyda, and daughters Cairn and Natha; and be it further
Resolved, That the Chief Clerk of the Assembly prepare and transmit copies of this resolution to Assemblyman Andersons beloved wife and daughters.
________
κ2017 Statutes of Nevada, Page 4550κ
Assembly Resolution No. 4Committee on Legislative Operations and Elections
FILE NUMBER 11
Assembly RESOLUTION — Providing for the appointment of additional attaches for the Assembly.
Resolved by the Assembly of the State of Nevada, That Linda Fitzgerald, Jenny Polek and Kassidy Whetstone are elected as additional attaches of the Assembly for the 79th Session of the Nevada Legislature.
________
Senate Concurrent Resolution No. 2Senators Segerblom; Atkinson, Cancela, Cannizzaro, Denis, Farley, Ford, Gansert, Goicoechea, Gustavson, Hammond, Hardy, Harris, Kieckhefer, Manendo, Parks, Ratti, Roberson, Settelmeyer, Spearman and Woodhouse
Joint Sponsors: Assemblymen Ohrenschall; Elliot Anderson, Paul Anderson, Araujo, Benitez-Thompson, Bilbray-Axelrod, Brooks, Bustamante Adams, Carlton, Carrillo, Cohen, Daly, Diaz, Edwards, Ellison, Flores, Frierson, Fumo, Hambrick, Hansen, Jauregui, Joiner, Kramer, Krasner, Marchant, McArthur, McCurdy II, Miller, Monroe-Moreno, Neal, Oscarson, Pickard, Spiegel, Sprinkle, Swank, Thompson, Titus, Tolles, Watkins, Wheeler, Woodbury and Yeager
FILE NUMBER 12
Senate Concurrent RESOLUTION — Memorializing William Patterson (Pat) Cashill.
Whereas, The members of the 79th Session of the Nevada Legislature note with profound sorrow the passing, on August 27, 2016, of Pat Cashill, a proud native Nevadan who was a tireless advocate on behalf of those injured by others and whose efforts helped protect Nevadas entire legal system; and
Whereas, William Patterson Cashill was born in Reno, Nevada, on August 22, 1944, beginning a life that was filled with adventure, travel and family; and
Whereas, After graduating from the University of Notre Dame and the University of Colorado Law School, Pat Cashill returned to Nevada, where he worked as an Assistant United States Attorney, was the first Nevadan appointed to serve as a special attorney in the Organized Crime and Racketeering Section of the United States Department of Justice and also served as a Special Attorney for Water Rights on behalf of the Department; and
Whereas, Pat Cashill was admitted to practice law in Nevada, California and Colorado; and
κ2017 Statutes of Nevada, Page 4551 (FILE NUMBER 12, SCR 2)κ
Whereas, Pat Cashill was active in numerous legal organizations, serving on the Board of the Nevada Justice Association for 20 years, as its president from 1986 to 1987, on its Political Action Committee, Citizens for Justice, for 30 years, and serving as a volunteer lobbyist on behalf of the Nevada Justice Association protecting the rights of all Nevadans for 40 years as well as serving on the American Association for Justice; and
Whereas, In addition to his successful career and steadfast work on behalf of the legal community, Pat Cashill became a certified Fraud Examiner at the age of 70 years; and
Whereas, Above all else, Pat Cashill loved his family, being a devoted husband to his wife Johnna and father to their children John and Kate, all of whom enjoyed exploring the world together, climbing, diving, snorkeling and trekking; and
Whereas, Their adventures took Pat Cashill and his family to such places as Egypt, Spain, Russia, Switzerland, Tanzania, Australia, Indonesia, Micronesia, Ecuador, Belize and Brazil, to name a few; and
Whereas, Pat Cashill was also an avid fisherman, fly fishing in rivers and lakes in Nevada as well as in other states and even other countries; and
Whereas, Pat Cashill was an avid skier, swimmer, former marathon runner, former rugby player, hunter and lifetime member of the Northern Nevada Handball Association; and
Whereas, Pat Cashill lived life to the fullest, never allowing anything to get in the way of pursuing his dreams and goals; and
Whereas, Pat Cashill leaves behind his loving wife Johnna, sister Terry Juhola, daughter Kate and her husband Ryan Blewett, son John and his wife Charlotte, and grandchildren Mackenzie and Aiden; now, therefore, be it
Resolved by the Senate of the State of Nevada, the Assembly Concurring, That the members of the 79th Session of the Nevada Legislature hereby extend their deepest condolences to the beloved family and countless friends of Pat Cashill; and be it further
Resolved, That the Secretary of the Senate prepare and transmit a copy of this resolution to Johnna Cashill, the loving wife of Pat Cashill.
________
Senate Joint Resolution No. 2Senators Spearman, Cancela, Cannizzaro, Ratti, Woodhouse; Atkinson, Denis, Farley, Ford, Manendo, Parks and Segerblom
Joint Sponsors: Assemblymen Araujo, Bilbray-Axelrod, Brooks, Bustamante Adams, Carlton, Carrillo, Cohen, Diaz, Frierson, Jauregui, Joiner, Miller, Monroe-Moreno, Ohrenschall, Spiegel, Sprinkle and Yeager
FILE NUMBER 13
Senate Joint RESOLUTION — Ratifying the proposed amendment to the Constitution of the United States providing that equality of rights under the law shall not be denied or abridged by the United States or by any state on account of sex.
κ2017 Statutes of Nevada, Page 4552 (FILE NUMBER 13, SJR 2)κ
Legislative Counsels Digest:
Under Article V of the United States Constitution, Congress has the power to propose an amendment to the federal Constitution and to determine the mode of ratification. (U.S. Const. Art. V) In 1972, Congress passed the Equal Rights Amendment and sent it to the states for ratification, imposing a 7-year time limit for ratification in the resolving clause of the Amendment, but later extended this time limit to June 30, 1982. The Equal Rights Amendment was ratified by 35 states before the deadline. Under Coleman v. Miller, 307 U.S. 433, 450, 456 (1939), the United States Supreme Court held that, as a political question, Congress may determine whether an amendment is valid because ratifications of the amendment are made within a reasonable period of time, even after the deadline. This resolution ratifies the Equal Rights Amendment, which provides for equality of rights under the law regardless of sex.
Whereas, Both houses of the 92nd Congress of the United States of America, by a constitutional majority of two-thirds, adopted the following resolution proposing to amend the United States Constitution:
RESOLVED BY THE SENATE AND HOUSE OF REPRESENTATIVES OF THE UNITED STATES OF AMERICA IN CONGRESS ASSEMBLED (TWO-THIRDS OF EACH HOUSE CONCURRING THEREIN), That the following article is proposed as an amendment to the Constitution of the United States, which shall be valid to all intents and purposes as part of the Constitution when ratified by the legislatures of three-fourths of the several States within seven years from the date of its submission by the Congress:
ARTICLE.......
Section 1. Equality of rights under the law shall not be denied or abridged by the United States or by any State on account of sex.
Section 2. The Congress shall have the power to enforce, by appropriate legislation, the provisions of this article.
Section 3. This amendment shall take effect two years after the date of ratification; and
Whereas, The 95th Congress of the United States amended the resolution of the 92nd Congress to extend the time for ratification to June 30, 1982, thereby indicating its continued support of the amendment; and
Whereas, The Congress of the United States adopted the 27th Amendment to the Constitution of the United States, which was proposed in 1789 by our First Congress but not ratified by three-fourths of the States until May 7, 1992, and, on May 18, 1992, certified as the 27th Amendment; and
Whereas, The restricting time limit for ratification of the Equal Rights Amendment is in the resolving clause and is not part of the amendment which was proposed by Congress and which has already been ratified by 35 states; and
Whereas, Having passed a time extension for the Equal Rights Amendment on October 20, 1978, Congress demonstrated that a time limit in a resolving clause may be disregarded if it is not part of the proposed amendment; and
κ2017 Statutes of Nevada, Page 4553 (FILE NUMBER 13, SJR 2)κ
Whereas, The United States Supreme Court in Coleman v. Miller, 307 U.S. 433 (1939), recognized that Congress is in a unique position to judge the tenor of the nation, to be aware of the political, social and economic factors affecting the nation and to be aware of the importance to the nation of the proposed amendment; and
Whereas, If an amendment to the Constitution of the United States has been proposed by two-thirds of both houses of Congress and ratified by three-fourths of the state legislatures, it is for Congress, under the principles of Coleman v. Miller, to determine the validity of the state ratifications occurring after a time limit in the resolving clause, but not in the amendment itself; and
Whereas, The Legislature of the State of Nevada finds that the proposed amendment is meaningful and needed as part of the Constitution of the United States and that the present political, social and economic conditions demonstrate that constitutional equality for women and men continues to be a timely issue in the United States; now, therefore, be it
Resolved by the Senate and Assembly of the State of Nevada, Jointly, That the proposed amendment to the Constitution of the United States of America is hereby ratified by the Legislature of the State of Nevada; and be it further
Resolved, That the Secretary of the Senate shall prepare and transmit a copy of this resolution to the Secretary of State who shall keep it as a true record of the official acts of the Legislative Department of the State Government pursuant to Section 20 of Article 5 of the Nevada Constitution; and be it further
Resolved, That the Secretary of the Senate shall prepare and transmit a certified copy of this resolution, duly authenticated, to the Archivist of the United States at the National Archives and Records Administration pursuant to 1 U.S.C. §§ 106b and 112, which shall serve as official notice that the proposed amendment to the Constitution of the United States of America is hereby ratified by the Legislature of the State of Nevada; and be it further
Resolved, That the Secretary of the Senate shall 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.
________
κ2017 Statutes of Nevada, Page 4554κ
Assembly Concurrent Resolution No. 10Assemblymen Frierson, Paul Anderson; Elliot Anderson, Araujo, Benitez-Thompson, Bilbray-Axelrod, Brooks, Bustamante Adams, Carlton, Carrillo, Cohen, Daly, Diaz, Edwards, Ellison, Flores, Fumo, Hambrick, Hansen, Jauregui, Joiner, Kramer, Krasner, Marchant, McArthur, McCurdy II, Miller, Monroe-Moreno, Neal, Ohrenschall, Oscarson, Pickard, Spiegel, Sprinkle, Swank, Thompson, Titus, Tolles, Watkins, Wheeler, Woodbury and Yeager
Joint Sponsors: Senators Ford, Roberson; Atkinson, Cancela, Cannizzaro, Denis, Farley, Gansert, Goicoechea, Gustavson, Hammond, Hardy, Harris, Kieckhefer, Manendo, Parks, Ratti, Segerblom, Settelmeyer, Spearman and Woodhouse
FILE NUMBER 14
Assembly Concurrent RESOLUTION — Honoring the contributions of former members of the Nevada Legislature.
Whereas, Section 1 of Article 4 of the Nevada Constitution provides that the legislative authority of the State of Nevada is vested in a Senate and Assembly which shall be designated as the Legislature of the State of Nevada; and
Whereas, From the time the first Nevada Territorial Legislature met in 1861 until the present day, over 2,100 Legislators have served the people of Nevada; and
Whereas, The Legislature is comprised of 21 Senators and 42 Assemblymen, each representing the geographic and cultural diversity of this State; and
Whereas, Nevada is one of only six states that has a true citizen legislature, with its members representing many different occupations, including ranchers, miners, doctors, school teachers, plumbers, lawyers, casino dealers, business owners and retirees; and
Whereas, Such Legislators have ranged in age from 21 to 81 years of age, and have served terms from as little as a few days up to 40 years; and
Whereas, Each of member of the Nevada Legislature has brought his or her unique perspective, understanding and expertise to this role, reflecting the rich and varied life experiences of such persons; and
Whereas, Over the last 156 years, the members of the Nevada Legislature have been asked to solve complex and difficult policy issues, making vital decisions that have profoundly affected the lives of the residents of this State and shaping the future of this State; and
Whereas, Many members of the Nevada Legislature have gone on to serve as United States Senators and Representatives, Governors and state and federal judges, as well as becoming leaders in commerce and various other professions; now, therefore, be it
Resolved by the Assembly of the State of Nevada, the Senate Concurring, That April 27, 2017, is designated as Alumni Day at the Nevada Legislature; and be it further
κ2017 Statutes of Nevada, Page 4555 (FILE NUMBER 14, ACR 10)κ
Resolved, That on this day we honor all the former Legislators who have served as members of this great institution and reflect on the sacrifices they made to serve the people of this State.
________
Senate Resolution No. 4Senators Ford, Roberson; Atkinson, Cancela, Cannizzaro, Denis, Farley, Gansert, Goicoechea, Gustavson, Hammond, Hardy, Harris, Kieckhefer, Manendo, Parks, Ratti, Segerblom, Settelmeyer, Spearman and Woodhouse
FILE NUMBER 15
Senate RESOLUTION — Inducting Mike McGinness 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, Mike McGinness was born in Fallon, Nevada, in 1947, and graduated from Churchill County High School and the University of Nevada, Reno; and
Whereas, After graduating from college, Mike returned to Fallon and went to work for the local radio station, KVLV AM-FM, beginning a long career of intense involvement in local business and civic affairs; and
Whereas, After serving on the Churchill County Parks and Recreation Board and the Churchill County School Board, Mike McGinness was elected to the Nevada Assembly in 1988 and to the Nevada Senate in 1992, and in both houses faithfully represented his constituents for a total of 24 years, serving on more than 50 standing or interim committees of the Legislature; and
Whereas, Senator McGinness was best remembered for his extensive knowledge of State fiscal affairs, having served for seven Sessions on the former Senate Committee on Taxation, six of which he served as Chair of that Committee, and for one Session on the former Senate Committee on Revenue; and
Whereas, As a representative of a large part of rural Nevada, Senator McGinness successfully enacted many measures concerning topics of particular interest to Nevadans living in the less populated areas of our State, including agriculture, mining, water, wildlife and the operations of small local governments; and
Whereas, In 2010, the Senate Republican Caucus turned to Senator McGinness as an experienced, trusted and respected guide to serve as Senate Minority Leader during the 2011 Regular Session; and
Whereas, Mike married his high school sweetheart Deanna (Dee) Pearce in 1969 and that happy union was blessed with three children, Ryan, Brett and Shannon; now, therefore, be it
κ2017 Statutes of Nevada, Page 4556 (FILE NUMBER 15, SR 4)κ
Resolved by the Senate of the State of Nevada, That, for his many years of devoted service to his community, his district and the people of Nevada, Senator Mike McGinness is hereby inducted into the Senate Hall of Fame of the Legislature of the State of Nevada.
________
Senate Resolution No. 5Senators Ford, Roberson; Atkinson, Cancela, Cannizzaro, Denis, Farley, Gansert, Goicoechea, Gustavson, Hammond, Hardy, Harris, Kieckhefer, Manendo, Parks, Ratti, Segerblom, Settelmeyer, Spearman and Woodhouse
FILE NUMBER 16
Senate RESOLUTION — Inducting Debbie Smith 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 past Senators who have served with distinction and who have made exemplary contributions to the State of Nevada and who are selected by current Senators serving in leadership positions; and
Whereas, Debbie Smith was born in Tucson, Arizona, in 1956, and moved to Battle Mountain, Nevada, with her family when she was in fourth grade; and
Whereas, After graduating from Battle Mountain High School, Debbie married her high school sweetheart, Greg Smith, and they were blessed with three children, Olivia, Ian and Erin; and
Whereas, Debbie started early in politics, being elected to the Lander County School Board at just 22 years of age, a position that gave her a deep understanding and appreciation for education issues; and
Whereas, After moving to Sparks, Nevada, Debbie served as President of the Nevada Parent Teacher Association, as a member of the National Parent Teacher Association Board and, for 8 years, as Chair of the Council to Establish Academic Standards for Public Schools; and
Whereas, In 2000, Debbie Smith was elected to the Nevada Assembly and, after being reelected in 2004, served continuously until she became a member of the Senate in 2012; and
Whereas, Senator Smith quickly won the respect and appreciation of her colleagues in the Senate and was chosen to serve as Assistant Majority Floor Leader in 2013 and Assistant Minority Floor Leader in 2015; and
Whereas, In addition to her leadership in the Nevada Legislature, Senator Smith was an active participant and leader in the National Conference of State Legislatures and was selected in 2015 by legislators from throughout the United States to serve as President of that organization, the only Nevadan who has ever held that position; and
Whereas, Senator Smith was a tireless advocate for education and social services, serving on the committees that oversee those functions for 6 years and chairing the Assembly Committee on Health and Human Services for one session; and
κ2017 Statutes of Nevada, Page 4557 (FILE NUMBER 16, SR 5)κ
Whereas, Senator Smith had a thorough understanding of the State budget, serving on the Assembly Committee on Ways and Means for 8 years and on the Senate Committee on Finance for 4 years, and chairing each of those committees for one session; and
Whereas, Debbie Smith is remembered as the successful sponsor for several key pieces of legislation such as Briannas Law, requiring DNA samples to help track down perpetrators of sexual assault, the bill creating Nevadas 2-1-1 line and the Nevada Dream Tags program; now, therefore, be it
Resolved by the Senate of the State of Nevada, That Debbie Smith, who dedicated years of her life to serving the people of the State of Nevada as an advocate for education and as a member of the Assembly and the Senate, is hereby inducted into the Senate Hall of Fame of the Legislature of the State of Nevada.
________
Assembly Joint Resolution No. 2Assemblymen Araujo; Elliot Anderson, Bilbray-Axelrod, Brooks, Carrillo, Diaz, Joiner, Monroe-Moreno, Ohrenschall, Sprinkle, Swank, Thompson and Yeager
Joint Sponsors: Senators Parks; Cancela, Ford, Manendo, Ratti, Segerblom and Woodhouse
FILE NUMBER 17
Assembly Joint RESOLUTION — Proposing to amend the Nevada Constitution to require the recognition of all marriages regardless of gender.
Legislative Counsels Digest:
Section 21 of Article 1 of the Nevada Constitution provides that only a marriage between a male and a female person may be recognized and given effect in this State. The United States Supreme Court, however, held in 2015 that the right to marry is guaranteed by the Fourteenth Amendment to the United States Constitution and that same-sex couples may not be deprived of that right. See Obergefell v. Hodges, 135 S. Ct. 2584 (2015). Under the Supremacy Clause of the United States Constitution, federal constitutional law supersedes state constitutional law in most cases. (U.S. Const. Art. VI, cl. 2) As a result, Section 21 of Article 1 of the Nevada Constitution is not enforceable.
This resolution amends Section 21 of Article 1 of the Nevada Constitution to require the State of Nevada and its political subdivisions to recognize all marriages regardless of gender. In addition, this resolution establishes the rights of religious organizations and members of the clergy to refuse to perform marriages on the basis of gender or other factors, and specifically provides that a person does not have a right to make a claim against a religious organization or member of the clergy for refusing to perform a marriage. This resolution further provides that all legally valid marriages must be treated equally under the law.
κ2017 Statutes of Nevada, Page 4558 (FILE NUMBER 17, AJR 2)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 21 of Article 1 of the Nevada Constitution be amended to read as follows:
[Sec:] Sec. 21. [Limitation on recognition] Recognition of marriage. [Only a marriage between a male and female person shall be recognized and given effect in this state.]
1. The State of Nevada and its political subdivisions shall recognize marriages and issue marriage licenses to couples regardless of gender.
2. Religious organizations and members of the clergy have the right to refuse to solemnize a marriage, and no person has the right to make any claim against a religious organization or member of the clergy for such a refusal.
3. All legally valid marriages must be treated equally under the law.
________
Assembly Concurrent Resolution No. 11Assemblymen Ellison; Elliot Anderson, Paul Anderson, Araujo, Benitez-Thompson, Bilbray-Axelrod, Brooks, Bustamante Adams, Carlton, Carrillo, Cohen, Daly, Diaz, Edwards, Flores, Frierson, Fumo, Hambrick, Hansen, Jauregui, Joiner, Kramer, Krasner, Marchant, McArthur, McCurdy II, Miller, Monroe-Moreno, Neal, Ohrenschall, Oscarson, Pickard, Spiegel, Sprinkle, Swank, Thompson, Titus, Tolles, Watkins, Wheeler, Woodbury and Yeager
Joint Sponsors: Senators Goicoechea; Atkinson, Cancela, Cannizzaro, Denis, Farley, Ford, Gansert, Gustavson, Hammond, Hardy, Harris, Kieckhefer, Manendo, Parks, Ratti, Roberson, Segerblom, Settelmeyer, Spearman and Woodhouse
FILE NUMBER 18
Assembly Concurrent RESOLUTION — Celebrating the life of former Assemblyman John C. Carpenter Jr.
Whereas, The members of the Nevada Legislature on this day remember and celebrate the life of an esteemed colleague and dedicated public servant, former State Assemblyman John C. Carpenter; and
Whereas, John Carpenter was a true, native Nevadan, born to John and Lucille Carpenter in Fallon, Nevada, on October 13, 1930, and raised in Ely, Nevada, where he graduated from White Pine High School; and
Whereas, In 1957, after finishing high school, John Carpenter married his sweetheart, Roseann Slater and together they moved to Elko County, where they purchased a sheep ranch and lived for the next 60 years, working hard, raising seven successful children and actively participating in the community; and
Whereas, John Carpenters distinguished career in state and local government included serving for 14 years on the Elko County Board of Commissioners, and thereafter being elected to serve in the Nevada State Assembly, representing District 33 for 24 years, generally winning elections by large margins and running four times unopposed; and
κ2017 Statutes of Nevada, Page 4559 (FILE NUMBER 18, ACR 11)κ
Assembly, representing District 33 for 24 years, generally winning elections by large margins and running four times unopposed; and
Whereas, John Carpenter tirelessly advocated for ranchers and ensured that the voice of rural Nevada was heard in the Nevada Legislature; and
Whereas, John Carpenter was known among his colleagues in the Assembly for his cowboy drawl, his political shrewdness, his kind heart and his lively sense of humor; and
Whereas, During the most difficult days of the legislative session, John Carpenter would relieve the tension by serving as the master of ceremonies when his fellow legislators donned cowboy hats and a chosen few, those with the character of a real cowboy or cowgirl, were inducted into the Cowboy Hall of Fame, or would regale the Assembly with a recitation of the adventures of Susie Q, a plastic tugboat that made arduous journeys down the rivers of rural Nevada; and
Whereas, In 2000, John returned to his activist roots by leading the Shovel Brigade, a resolute band of shovel-wielding protesters who defied the United States Forest Service and reopened a road near Jarbidge, Nevada; and
Whereas, John Carpenter was involved in every aspect of the community in which he lived and has been credited with helping to bring the Great Basin College and a convention center to Elko; and
Whereas, John C. Carpenter was universally respected and admired by all of the members of the Legislature who had the privilege to know and work with him; now, therefore, be it
Resolved by the Assembly of the State of Nevada, the Senate Concurring, That on this day, the members of the 79th Session of the Nevada Legislature remember and celebrate the life of John C. Carpenter and extend their deepest condolences to his beloved wife Roseann Carpenter and their children John, Scott, Elizabeth, Susan, Doug, Lois and Linda; and be it further
Resolved, That the Chief Clerk of the Assembly prepare and transmit a copy of this resolution to Assemblyman Carpenters wife and children.
________
Assembly Resolution No. 5Assemblymen Frierson, Benitez-Thompson and Paul Anderson
FILE NUMBER 19
Assembly RESOLUTION — Adding former Assemblyman John E. (Jack) Jeffrey 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, John E. (Jack) Jeffrey was born in Sioux City, Iowa, in 1938, and then moved to Henderson, Nevada, with his family in 1941; and
Whereas, Assemblyman Jeffrey worked as an electrician for many years and served as Secretary for the Southern Nevada Building and Construction Trades Council, experiences that gave him a deep understanding of the concerns and interests of the working men and women in this State; and
κ2017 Statutes of Nevada, Page 4560 (FILE NUMBER 19, AR 5)κ
Whereas, Jack Jeffrey became involved in politics at an early age, before he was even old enough to vote, and went on to serve as a member of the Henderson City Council and as Mayor pro tem; and
Whereas, In 1974, Jack Jeffrey was elected to the Nevada Assembly where he represented the Henderson area for the next 16 years; and
Whereas, During his tenure in the Legislature, Assemblyman Jeffrey filled many leadership roles, serving as Assembly Majority Floor Leader during the 1983, 1987 and 1989 Regular Sessions and the 1984 and 1989 Special Sessions, as Majority Whip in 1977 and as Assistant Minority Floor Leader in 1985; and
Whereas, Jack Jeffrey served on the Assembly Committee on Commerce for 12 years and served as Chair of that Committee in 1979, 1983, 1987 and 1989, Chair of the Assembly Committee on Economic Development and Natural Resources in 1981, and Chair of the Legislative Commission in 1989 and 1990, as well as serving as a member of many other standing and interim committees; and
Whereas, Assemblyman Jeffrey successfully sponsored many significant pieces of legislation on subjects including fire safety, workers compensation, preference for Nevada contractors on public works projects, occupational diseases, workplace health and safety and local government; and
Whereas, After his service in the Legislature, Jack Jeffrey returned to the Legislature as a lobbyist for an additional 20 years, working tirelessly to protect the rights of the working men and women in Nevada; and
Whereas, Jack Jeffrey will long be remembered as an astute and powerful political leader, a vigorous advocate of the rights of the common citizen and a soft-spoken, kind and compassionate colleague and friend; now, therefore, be it
Resolved by the Assembly of the State of Nevada, That, for his 16 years of dedicated service to the Assembly, John E. (Jack) Jeffrey is hereby added to the Assembly Wall of Distinction; and be it further
Resolved, That the Chief Clerk of the Assembly prepare and transmit a copy of this resolution to the family of former Assemblyman John E. (Jack) Jeffrey.
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κ2017 Statutes of Nevada, Page 4561κ
Assembly Resolution No. 6Assemblymen Frierson, Benitez-Thompson and Paul Anderson
FILE NUMBER 20
Assembly RESOLUTION — Adding former Assemblyman Lynn Hettrick 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, Lynn C. Hettrick was born in Carmel, California, in 1944 and attended Claremont Mens College before pursuing a career as an entrepreneur and investment manager; and
Whereas, After moving to Gardnerville, Nevada, in 1970, Lynn Hettrick became deeply involved in the community and civic affairs; and
Whereas, In 1992, Lynn Hettrick was elected to the Nevada Assembly representing District 39 where he served with distinction for 14 years; and
Whereas, During the 1995 Session, the Assembly, for the first time in the history of Nevada, was evenly divided with 21 Republicans and 21 Democrats and Lynn Hettrick was elected as Co-Speaker, sharing that office with Assemblyman Joseph E. (Joe) Dini Jr.; and
Whereas, Despite the great potential for conflict, Lynn Hettrick led his party in a manner that made the 1995 Session become regarded as one of the least contentious and smoothest running sessions; and
Whereas, Lynn Hettrick went on to serve as Assembly Minority Floor Leader from 1997 to 2005; and
Whereas, During his service in the Assembly, Lynn Hettrick served on numerous standing committees, including 12 years on the Committee on Ways and Means and the Interim Finance Committee; and
Whereas, Lynn Hettrick represented Nevada on several national organizations, serving as Chair of the Council of State Governments (CSG) and of CSG West where he was instrumental in establishing the Western Legislative Academy to provide training for new legislators; and
Whereas, After leaving the Legislature, Lynn Hettrick went on to serve as Deputy Chief of Staff for former Governor Jim Gibbons; and
Whereas, Lynn Hettrick was selected in 2008 by the Board of Regents of the University of Nevada to receive the Distinguished Nevadan award, an honor bestowed on prominent individuals for significant achievements in the cultural, scientific or social advancement of Nevada; now, therefore, be it
Resolved by the Assembly of the State of Nevada, That, for his 14 years of dedicated service to the Assembly, Lynn C. Hettrick is hereby added to the Assembly Wall of Distinction; and be it further
Resolved, That the Chief Clerk of the Assembly prepare and transmit a copy of this resolution to former Assemblyman Lynn C. Hettrick.
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κ2017 Statutes of Nevada, Page 4562κ
Senate Concurrent Resolution No. 7Senators Hammond; Atkinson, Cancela, Cannizzaro, Denis, Farley, Ford, Gansert, Goicoechea, Gustavson, Hardy, Harris, Kieckhefer, Manendo, Parks, Ratti, Roberson, Segerblom, Settelmeyer, Spearman and Woodhouse
Joint Sponsors: Assemblymen Paul Anderson; Elliot Anderson, Araujo, Benitez-Thompson, Bilbray-Axelrod, Brooks, Bustamante Adams, Carlton, Carrillo, Cohen, Daly, Diaz, Edwards, Ellison, Flores, Frierson, Fumo, Hambrick, Hansen, Jauregui, Joiner, Kramer, Krasner, Marchant, McArthur, McCurdy II, Miller, Monroe-Moreno, Neal, Ohrenschall, Oscarson, Pickard, Spiegel, Sprinkle, Swank, Thompson, Titus, Tolles, Watkins, Wheeler, Woodbury and Yeager
FILE NUMBER 21
Senate Concurrent RESOLUTION — Celebrating the sister-state relationship between the State of Nevada and Taiwan, affirming support for the signing of a Bilateral Investment Agreement between Taiwan and the United States and reaffirming support for increasing Taiwans international profile.
Whereas, The State of Nevada is proud of the sister-state relationship it has enjoyed with Taiwan since 1985; and
Whereas, This relationship has been strengthened through the efforts of the Taipei Economic and Cultural Office in San Francisco, resulting in better mutual understanding; and
Whereas, Taiwan shares the same values of freedom, democracy, human rights, rule of law, peace and prosperity with the United States and the State of Nevada; and
Whereas, The World Health Organization has invited Taiwan to attend the World Health Assembly since 2009, setting precedent for Taiwans meaningful participation in the specialized agencies of the United Nations; and
Whereas, Negotiations of a Bilateral Investment Agreement between Taiwan and the United States are an important step toward further strengthening bilateral trade, paving the way for increasing exports from Nevada to Taiwan and creating bilateral investment and technical collaboration of the sister states through trade facilitation measures; and
Whereas, Taiwan has undertaken a policy of steadfast diplomacy regarding international relations and is capable of and willing to fulfill its responsibilities and to collaborate with the world to deal with the many challenges of humanitarian aid, including disease control; now, therefore, be it
Resolved by the Senate of the State of Nevada, the Assembly Concurring, That the sister-state relationship of the State of Nevada and Taiwan is a source of great pride for the people of the State of Nevada, bringing enlightenment, friendship and economic growth to both partners; and be it further
Resolved, That the Nevada State Legislature hereby affirms support for Taiwans signing of a Bilateral Investment Agreement with the United States and reaffirms support for increasing Taiwans international profile; and be it further
κ2017 Statutes of Nevada, Page 4563 (FILE NUMBER 21, SCR 7)κ
Resolved, That the Secretary of the Senate prepare and transmit a copy of this resolution to Director General Joseph Ma of the Taipei Economic and Cultural Office in San Francisco.
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Senate Joint Resolution No. 10Senator Segerblom
FILE NUMBER 22
Senate Joint RESOLUTION — Rescinding all previous resolutions of the Nevada Legislature which requested Congress to convene a convention to propose amendments to the United States Constitution.
Whereas, The Constitutional Convention of 1787 was initially convened to make revisions to the Articles of Confederation and this Convention decided instead to discard the Articles of Confederation entirely and create a new system of government; and
Whereas, The United States Constitution has served as the cornerstone of American liberty since its creation in 1787 and was the first written national constitution to set forth a system of separation of powers and to ensure that the rights of minority groups could not be easily trampled upon by the will of the majority; and
Whereas, Despite turmoil and grave political and economic concerns, including, without limitation, the contested presidential elections of 1800, 1876 and 2000, the Civil War and the Great Depression, a subsequent constitutional convention has not been held since 1787; and
Whereas, The United States Constitution has proven to be resilient and has been amended only 27 times during the course of its 230-year history; and
Whereas, Article V of the United States Constitution requires the Congress of the United States to convene a constitutional convention upon the application of two-thirds of the several states; and
Whereas, The Nevada Legislature has, at various times, passed resolutions requesting Congress to convene a convention, pursuant to Article V of the United States Constitution, to propose amendments to the Constitution relating to a wide range of subjects; and
Whereas, Over the course of time, the will of the people of the State of Nevada may have changed relating to these resolutions; and
Whereas, A constitutional convention convened by Congress could make sweeping changes to the United States Constitution and threaten the liberty of future generations of Nevadans; and
Whereas, The Nevada Legislature is aware that other state legislatures have made applications requesting that Congress convene a constitutional convention; and
Whereas, The Nevada Legislature no longer supports its previous resolutions which requested that Congress convene a constitutional convention, most of which were adopted over three decades ago, and does not wish for these resolutions to be included with similar applications which were made by other state legislatures; now, therefore, be it
Resolved by the Senate and Assembly of the State of Nevada, Jointly, That the members of the 79th Session of the Nevada Legislature hereby rescind, repeal, cancel, void, nullify and supersede each previous resolution passed by the Nevada Legislature which requested the Congress of the United States to convene a constitutional convention pursuant to Article V of the United States Constitution; and be it further
κ2017 Statutes of Nevada, Page 4564 (FILE NUMBER 22, SJR 10)κ
hereby rescind, repeal, cancel, void, nullify and supersede each previous resolution passed by the Nevada Legislature which requested the Congress of the United States to convene a constitutional convention pursuant to Article V of the United States Constitution; and be it further
Resolved, That the members of the 79th Session of the Nevada Legislature urge each state legislature which requested Congress to convene a constitutional convention to withdraw such applications; 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 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.
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Senate Concurrent Resolution No. 8Senators Segerblom; Atkinson, Cancela, Cannizzaro, Denis, Farley, Ford, Gansert, Goicoechea, Gustavson, Hammond, Hardy, Harris, Kieckhefer, Manendo, Parks, Ratti, Roberson, Settelmeyer, Spearman and Woodhouse
Joint Sponsors: Assemblymen Carlton; Elliot Anderson, Paul Anderson, Araujo, Benitez-Thompson, Bilbray-Axelrod, Brooks, Bustamante Adams, Carrillo, Cohen, Daly, Diaz, Edwards, Ellison, Flores, Frierson, Fumo, Hambrick, Hansen, Jauregui, Joiner, Kramer, Krasner, Marchant, McArthur, McCurdy II, Miller, Monroe-Moreno, Neal, Ohrenschall, Oscarson, Pickard, Spiegel, Sprinkle, Swank, Thompson, Titus, Tolles, Watkins, Wheeler, Woodbury and Yeager
FILE NUMBER 23
Senate Concurrent RESOLUTION — Memorializing Gary Gray.
Whereas, The members of the Nevada Legislature were deeply saddened to learn of the passing of Gary Gray on April 9, 2015; and
Whereas, Gary Gray moved to Las Vegas, Nevada in January of 1968 where, in 1983, he met and later, in 1987, married his beloved wife of nearly 28 years, Chris Giunchigliani; and
Whereas, During his time in Las Vegas, Gary Gray taught English in middle school and was the longest serving mentor in the Clark County School District, with 12 years at Ed W. Clark High School and having mentored more than 16 young men; and
Whereas, Gary was a consummate teacher who always guided youth and politicians and never stopped promoting the value of public education; and
Whereas, Gary Gray was the co-founder of Teachers in Politics for the teachers association and began his political career by forming and serving as the Executive Director of the Assembly Democratic Caucus from 1986 to 1995; and
Whereas, In addition to working on his wifes campaigns, Gary Gray ran over 250 political campaigns and his many successes made him one of the most sought after campaign consultants in Nevada; and
κ2017 Statutes of Nevada, Page 4565 (FILE NUMBER 23, SCR 8)κ
Whereas, Gary Gray also served for 37 years on the Clark Towers Board, later renamed the Gray Plunkett Jydstrup Senior Living complex, and went on to serve for 15 years as the President of the complex, focusing much of his time searching for ways to improve the lives of the retirees who lived there; and
Whereas, Gary Gray had a passion for travel and traveled extensively both for work and pleasure, having explored all 7 continents with his wife and visiting a total of 135 countries; and
Whereas, Because he loved sharing his adventures, Gary started a blog, Gray on the Road (grayontheroad.com), where he wrote colorful accounts of his experiences traveling around the world; and
Whereas, Gary Gray leaves behind his wife Chris Giunchigliani and his dog, Otis the Potus, Chris family, Myrna, Mark and Ellen, Larry and Deb, Jeanne, Donna and Jean Louis, Rick, Suzy, 12 nieces and nephews, 2 great-nephews and 1 great-niece, cousin Steve and Jill and many dear friends and acquaintances who miss Garys adventurous energy, his passion for travel and his spirit; now, therefore, be it
Resolved by the Senate of the State of Nevada, the Assembly Concurring, That the members of the 79th Session of the Nevada Legislature hereby extend their sincerest condolences to the family and friends of Gary Gray; and be it further
Resolved, That the Secretary of the Senate prepare and transmit a copy of this resolution to Garys wife, Chris Giunchigliani.
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Senate Concurrent Resolution No. 9Senators Segerblom; Atkinson, Cancela, Cannizzaro, Denis, Farley, Ford, Gansert, Goicoechea, Gustavson, Hammond, Hardy, Harris, Kieckhefer, Manendo, Parks, Ratti, Roberson, Settelmeyer, Spearman and Woodhouse
Joint Sponsors: Assemblymen Frierson; Elliot Anderson, Paul Anderson, Araujo, Benitez-Thompson, Bilbray-Axelrod, Brooks, Bustamante Adams, Carlton, Carrillo, Cohen, Daly, Diaz, Edwards, Ellison, Flores, Fumo, Hambrick, Hansen, Jauregui, Joiner, Kramer, Krasner, Marchant, McArthur, McCurdy II, Miller, Monroe-Moreno, Neal, Ohrenschall, Oscarson, Pickard, Spiegel, Sprinkle, Swank, Thompson, Titus, Tolles, Watkins, Wheeler, Woodbury and Yeager
FILE NUMBER 24
Senate Concurrent RESOLUTION — Celebrating the life of former Boulder City Mayor Robert Stanley Ferraro.
Whereas, The members of the Nevada Legislature join the people of the State of Nevada to express their condolences and celebrate the life of former Boulder City Mayor Robert Bob Stanley Ferraro, who passed away April 29, 2017; and
Whereas, Native Nevadan Bob Ferraro was born on July 30, 1935, to Ella and John Ferraro in Paradise Valley, Nevada, which remained, along with Boulder City, one of his favorite places in the State; and
κ2017 Statutes of Nevada, Page 4566 (FILE NUMBER 24, SCR 9)κ
Whereas, While attending the University of Nevada, Reno, a passion for public service was ignited in Bob Ferraro when, while serving as President of the Young Democrats, he met future President John F. Kennedy while he was still a United States Senator; and
Whereas, Bob Ferraro was appointed to the Boulder City Council in 1976, eventually serving for 31 years, and in 1999, became the first elected mayor of the city and people he loved; and
Whereas, Known for his positive personality and ever-present smile, Bob Ferraro loved helping the people of Boulder City and was known for returning every call he received; and
Whereas, Former U.S. Senator Harry Reid knew Bob Ferraro understood the uniqueness of Boulder City, and fought to protect it, when he said Bob fiercely defended Boulder City - overseeing unprecedented growth while maintaining the spirit of the city and its distinctive identity; and
Whereas, Former Governor Richard Bryan, who is also a former U.S. Senator, was quoted as saying, Some people change when they assume public office - Bob Ferraro was the same man I remembered when we were undergrads together in Reno; and
Whereas, Bob Ferraro is survived by his wife of 22 years, Connie Burnett-Ferraro, whom he met when she noticed his smile and happy demeanor at a restaurant in Boulder City; and
Whereas, Bob Ferraro is also survived by his children, Christi, Tacey and Greg, stepdaughter Connie Johnson, siblings Jean and Stephen, and grandchildren Tommy, Tisha, Joe, John, Stephen, Dominic, Alison and Anthony; now, therefore, be it
Resolved by the Senate of the State of Nevada, the Assembly Concurring, That Bob Ferraro will be remembered for his service on behalf of the people and the city he loved so much, while still being a regular guy in the community; and be it further
Resolved, That the people of Boulder City and this State will feel the presence of former Mayor Bob Ferraro when they visit Veterans Memorial Park, which he helped create; and be it further
Resolved, That the Secretary of the Senate prepare and transmit a copy of this resolution to Bob Ferraros beloved wife and children.
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Senate Resolution No. 6Committee on Legislative Operations and Elections
FILE NUMBER 25
Senate RESOLUTION — Designating certain members of the Senate as regular and alternate members of the Legislative Commission for the 2017-2019 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 Kelvin Atkinson, Moises Denis, Aaron Ford, Patricia Farley, Ben Kieckhefer and Scott Hammond are designated as the regular Senate members of the Legislative Commission; and be it further
κ2017 Statutes of Nevada, Page 4567 (FILE NUMBER 25, SR 6)κ
Resolved, That Senators Joyce Woodhouse and David Parks are designated as the first and second alternate members, respectively, for Senator Kelvin Atkinson; Senators Pat Spearman and Tick Segerblom are designated as the first and second alternate members, respectively, for Senator Moises Denis; Senators Nicole Cannizzaro and Julia Ratti are designated as the first and second alternate members, respectively, for Senator Aaron Ford; Senators Heidi Gansert and Joe Hardy are designated as the first and second alternate members, respectively, for Senator Patricia Farley; Senators James Settelmeyer and Pete Goicoechea are designated as the first and second alternate members, respectively, for Senator Ben Kieckhefer; and Senators Becky Harris and Michael Roberson are designated as the first and second alternate members, respectively, for Senator Scott Hammond; and be it further
Resolved, That the procedure for requesting an alternate member to replace a regular member during his or her absence at a meeting must be as follows:
1. The Secretary of the Legislative Commission shall establish a record of service of alternate members at meetings of the Legislative Commission and shall maintain a list of the alternate members for each individual Senator or group of Senators. Each list must contain a numerical designation in ascending order for each alternate member on the list. The initial sequence in which the alternate members must be listed must correspond to their designation as alternates in this resolution.
2. If a regular member of the Legislative Commission is unable to attend a scheduled meeting of the Legislative Commission and notifies the Secretary of the Legislative Commission, the Secretary shall request the alternate member with the lowest numerical designation on the appropriate list to replace the regular member at the meeting. If the alternate member does not agree to serve, the Secretary shall make the same request of the alternate member with the next higher numerical designation on the list, and so on through the list until an alternate member agrees to replace the regular member.
3. An alternate member who agrees to replace a regular member at a meeting of the Legislative Commission loses the numerical designation he or she had on the appropriate list at the time he or she was requested to serve. The Secretary of the Legislative Commission shall, when the alternate member agrees to replace the regular member, assign to that alternate member the highest numerical designation on the appropriate list. 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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κ2017 Statutes of Nevada, Page 4568κ
Assembly Resolution No. 7Committee on Legislative Operations and Elections
FILE NUMBER 26
Assembly RESOLUTION — Designating certain members of the Assembly as regular and alternate members of the Legislative Commission for the 2017-2019 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. Jason Frierson, Ms. Teresa Benitez-Thompson, Ms. Maggie Carlton, Mr. Paul Anderson, Mr. Jim Wheeler and Mr. Keith Pickard are designated as the regular Assembly members; Mr. Nelson Araujo and Ms. Daniele Monroe-Moreno are designated as the first and second alternate members, respectively, for Mr. Jason Frierson; Mr. Mike Sprinkle and Mr. Skip Daly are designated as the first and second alternate members, respectively, for Ms. Teresa Benitez-Thompson; Ms. Olivia Diaz and Mr. Steve Yeager are designated as the first and second alternate members, respectively, for Ms. Maggie Carlton; Mr. James Oscarson and Mr. Chris Edwards are designated as the first and second alternate members, respectively, for Mr. Paul Anderson; Mr. John Hambrick and Ms. Jill Tolles are designated as the first and second alternate members, respectively, for Mr. Jim Wheeler; and Mr. Al Kramer and Ms. Robin Titus are designated as the first and second alternate members, respectively, for Mr. Keith Pickard.
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Assembly Joint Resolution No. 7Assemblymen Frierson, Elliot Anderson, Benitez-Thompson, Carrillo; Araujo, Bilbray-Axelrod, Brooks, Carlton, Cohen, Daly, Diaz, Flores, Fumo, Jauregui, Joiner, Miller, Monroe-Moreno, Neal, Spiegel, Sprinkle, Swank, Thompson, Watkins and Yeager
Joint Sponsors: Senators Cancela, Cannizzaro, Ford, Manendo, Parks and Woodhouse
FILE NUMBER 27
Assembly Joint RESOLUTION — Expressing the opposition of the Nevada Legislature to certain proposed changes to the federal laws relating to Medicare and the Old-Age and Survivors Insurance provisions of the Social Security Act.
Whereas, For generations, after a lifetime of work and dedication to this country, many older Nevadans were forced to live in poverty without adequate health care available to them during retirement; and
κ2017 Statutes of Nevada, Page 4569 (FILE NUMBER 27, AJR 7)κ
Whereas, When Congress passed the Old-Age and Survivors Insurance provisions of the Social Security Act in 1935, countless older Nevadans were lifted out of poverty and provided with an adequate, dependable source of income for their retirement; and
Whereas, When Congress passed the Social Security Amendments Act of 1965, crucial health insurance coverage through Medicare was made available to all Nevadans over the age of 65 years, regardless of their income or medical history; and
Whereas, Subsequent amendments by Congress to Medicare and the Old-Age and Survivors Insurance provisions of the Social Security Act established near-universal health care coverage under these programs and provided many older Nevadans with additional benefits, including, without limitation, yearly cost-of-living adjustments to account for inflation, prescription drug assistance and the extension of Medicare to certain Nevadans under the age of 65 years who have long-term disabilities; and
Whereas, When Congress passed the Patient Protection and Affordable Care Act in 2010, Medicare beneficiaries were able to receive certain preventive health care services and reduced costs; and
Whereas, In Fiscal Year 2015, spending on Medicare and the Old-Age and Survivors Insurance provisions of the Social Security Act constituted over one-third of the $3.7 trillion budget of the Federal Government; and
Whereas, Wide-ranging changes to the Medicare program are being considered by the 115th Congress, including, without limitation, raising the age of eligibility to receive Medicare benefits from 65 to 67 years and repealing certain improvements that were made to this program by the Patient Protection and Affordable Care Act; and
Whereas, Wide-ranging changes to the Old-Age and Survivors Insurance provisions of the Social Security Act are also being considered by the 115th Congress, including, without limitation, raising the age for full retirement from 67 to 69 years, moving towards a cost-of-living adjustment based on the chained consumer price index and means testing benefits for certain recipients; and
Whereas, The 115th Congress is also considering the potential privatization of many of the Old-Age and Survivors Insurance benefits that older Nevadans have earned during decades of work; and
Whereas, The changes being considered by Congress could have a damaging effect on the standard of living of Nevadans who retire; and
Whereas, A bipartisan solution is needed to ensure the future sustainability of Medicare and the Old-Age and Survivors Insurance provisions of the Social Security Act which fully preserves the critical benefits that many older Nevadans have come to rely upon, is fiscally responsible and ensures that all Nevadans have a reliable source of income and health care during their retirement; now, therefore, be it
Resolved by the Assembly and Senate of the State of Nevada, Jointly, That the members of the 79th Session of the Nevada Legislature hereby urge Congress to fully preserve the critical benefits which many older Nevadans have come to rely upon; and be it further
Resolved, That Congress should work towards establishing a bipartisan solution which avoids the privatization of Medicare and the Old-Age and Survivors Insurance provisions of the Social Security Act and strengthens these essential programs for future generations of Nevadans; and be it further
κ2017 Statutes of Nevada, Page 4570 (FILE NUMBER 27, AJR 7)κ
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 United States House of Representatives, the Chairman of the United States House Committee on Ways and Means, the Chairman of the United States Senate Committee on Finance, the Secretary of the United States Department of Health and Human Services, the Commissioner of Social Security and each member of the Nevada Congressional Delegation; and be it further
Resolved, That this resolution becomes effective upon passage.
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Assembly Joint Resolution No. 9Assemblymen Joiner, Frierson, Carrillo, Sprinkle, McCurdy II; Araujo, Benitez-Thompson, Bilbray-Axelrod, Brooks, Bustamante Adams, Carlton, Cohen, Daly, Diaz, Flores, Fumo, Jauregui, Miller, Monroe-Moreno, Neal, Ohrenschall, Spiegel, Swank, Thompson, Watkins and Yeager
FILE NUMBER 28
Assembly Joint RESOLUTION — Urging Congress not to repeal the Patient Protection and Affordable Care Act or its most important provisions.
Whereas, In 2010, the Patient Protection and Affordable Care Act (Public Law 111-148), commonly known as the Affordable Care Act, was passed by Congress and signed into law by President Barack Obama; and
Whereas, The Affordable Care Act established a comprehensive series of health insurance reforms designed to make universal, affordable health insurance coverage available to all Americans, while also controlling rising health care costs and ending certain common industry practices that limited access to health insurance coverage; and
Whereas, The Affordable Care Act expanded access to health insurance coverage by creating health insurance marketplaces, allowing children to stay on a parents health insurance plan until the age of 26 years, expanding Medicaid and establishing a system of tax credits and penalties designed to both encourage consumers to purchase individual health insurance coverage and provide incentives to businesses to encourage them to provide health insurance coverage to employees; and
Whereas, The Affordable Care Act prohibits an insurer from denying health insurance coverage to a person on the basis of a preexisting condition, prohibits an insurer from rescinding coverage, eliminates lifetime and annual limits on coverage, requires all marketplace plans to provide coverage for 10 essential health benefits, including preventative care, establishes a mechanism for consumers to appeal determinations regarding coverage and establishes a system to assist consumers in navigating the health insurance marketplace; and
Whereas, The Affordable Care Act additionally provides incentives to expand the number of primary health care providers and encourages them to serve in medically underserved areas, promotes alternative payment methodologies designed to improve the value of care and encourages patients to use community-based resources and other services intended to reduce unnecessary hospitalizations and inappropriate emergency department use; and
κ2017 Statutes of Nevada, Page 4571 (FILE NUMBER 28, AJR 9)κ
to use community-based resources and other services intended to reduce unnecessary hospitalizations and inappropriate emergency department use; and
Whereas, The Affordable Care Act further mandates health insurance coverage for colorectal cancer screening tests for persons who are between 50 and 75 years of age, mammograms annually for women who are over 40 years of age, and regular screenings of women for cervical cancer and the human papillomavirus vaccine to prevent cervical cancer; and
Whereas, The Affordable Care Act mandates health insurance coverage for immunization vaccines for children, including, without limitation, diphtheria, tetanus, pertussis, influenza, measles and rotavirus; and
Whereas, The Affordable Care Act includes many other benefits and protections to ensure access to health care by all; and
Whereas, A number of national leaders have proposed repealing the Affordable Care Act during the 115th Congress without a plan to replace the Affordable Care Act which adequately protects the thousands of Nevadans who benefit from or may not have access to health insurance coverage without the Act; and
Whereas, Repealing the Affordable Care Act without establishing mechanisms to preserve the significant improvements and protections afforded by the law, and without adequately providing for those who stand to lose their health insurance coverage upon repeal, will have significant detrimental effects on individuals and their families, on the health care industry in general and on the overall economic well-being of both Nevada and the nation as a whole; now, therefore, be it
Resolved by the Assembly and Senate of the State of Nevada, Jointly, That the members of the 79th Session of the Nevada Legislature hereby urge Congress to fully preserve the critical benefits afforded by the Affordable Care Act which many Nevadans have come to rely upon; and be it further
Resolved, That Congress should not repeal the Affordable Care Act so that these essential programs remain available to future generations of Nevadans; 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 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.
________
κ2017 Statutes of Nevada, Page 4572κ
Assembly Joint Resolution No. 10Assemblymen Brooks, Frierson, Yeager, Watkins, Benitez-Thompson; Paul Anderson, Araujo, Bilbray-Axelrod, Bustamante Adams, Carlton, Carrillo, Cohen, Daly, Flores, Fumo, Jauregui, Joiner, McCurdy II, Miller, Monroe-Moreno, Neal, Ohrenschall, Spiegel and Thompson
Joint Sponsors: Senators Segerblom, Ford, Cancela, Spearman, Cannizzaro; Manendo, Ratti, Roberson and Woodhouse
FILE NUMBER 29
Assembly Joint RESOLUTION — Expressing opposition to the development of a repository for spent nuclear fuel and high-level radioactive waste at Yucca Mountain in the State of Nevada.
Whereas, Since 1954, when the Atomic Energy Act was passed by Congress, the Federal Government has been responsible for the disposal of radioactive waste, yet few environmental challenges have proven more daunting than the problems posed by the disposal of spent nuclear fuel and high-level radioactive waste; and
Whereas, Pursuant to the Nuclear Waste Policy Act of 1982, 42 U.S.C. §§ 10101 et seq., as amended, the Department of Energy has been studying Yucca Mountain in southern Nevada as a possible site for a repository for spent nuclear fuel and high-level radioactive waste; and
Whereas, In 1987, Congress amended the Nuclear Waste Policy Act of 1982, 42 U.S.C. §§ 10101 et seq., specifying Yucca Mountain as the sole location for the placement of a national repository for spent nuclear fuel and high-level radioactive waste; and
Whereas, The State of Nevada has since opposed the placement of a repository for spent nuclear fuel and high-level radioactive waste in the State due to the extremely dangerous nature of such waste, the persistence of that danger for an extended period of time, the potential harm to the environment of the State and the serious and unacceptable hazard to the health and welfare of the people of Nevada that is posed by the placement of such a repository in the State; and
Whereas, The transportation of spent nuclear fuel and high-level radioactive waste to a repository at Yucca Mountain poses serious and unacceptable risks to the environment, economy and residents of Las Vegas, Nevada, the largest city in the State; and
Whereas, In 2001, the Nevada Legislature enacted NRS 353.2655 creating the Nevada Protection Account which must be used to protect the State of Nevada and its residents through funding activities to prevent the location of a repository for spent nuclear fuel and high-level radioactive waste at Yucca Mountain; and
Whereas, In 2002, the United States Senate and House of Representatives approved the site at Yucca Mountain as a repository for spent nuclear fuel and high-level radioactive waste, thereby overriding the notice of disapproval submitted by the Governor of the State of Nevada; and
Whereas, On June 3, 2008, the Department of Energy submitted to the Nuclear Regulatory Commission a license application for construction authorization of a repository for spent nuclear fuel and high-level radioactive waste at Yucca Mountain; and
κ2017 Statutes of Nevada, Page 4573 (FILE NUMBER 29, AJR 10)κ
Whereas, On March 3, 2010, the Department of Energy filed a motion with the Atomic Safety and Licensing Board of the Nuclear Regulatory Commission whereby the Department moved to withdraw the pending license application that was filed in 2008 and asked the Board to dismiss its application with prejudice; and
Whereas, The Atomic Safety and Licensing Board denied the Department of Energys motion on June 29, 2010; and
Whereas, In 2011, after stating that it found itself evenly divided on whether to take the affirmative action of overturning or upholding the June 29, 2010, decision by the Atomic Safety and Licensing Board, the Nuclear Regulatory Commission suspended the licensing adjudicatory proceeding that began with such decision; and
Whereas, For the Fiscal Year 2012, the United States Congress ended funding of the repository at Yucca Mountain and has not subsequently appropriated any new funds to the Department of Energy or the Nuclear Regulatory Commission for this purpose; and
Whereas, In 2012, the Blue Ribbon Commission on Americas Nuclear Future, in fulfilling its purpose to conduct a comprehensive review of the policies for managing nuclear waste, reported that any future repository for spent nuclear fuel and high-level radioactive waste should be selected with the consent of the potentially affected state, tribal and local governments; and
Whereas, In 2013, the United States Court of Appeals for the District of Columbia Circuit in In re Aiken County, 725 F.3d 255, 259 (D.C. Cir. 2013), ruled that the Nuclear Regulatory Commission had an obligation to resume the licensing proceeding for the repository at Yucca Mountain that was suspended in 2011 using the remaining funds from previous appropriations, notwithstanding the objections by the Commission that the funds were insufficient to complete the licensing proceeding; and
Whereas, The Nuclear Regulatory Commission has insufficient funds to complete the licensing proceeding for the repository for spent nuclear fuel and high-level radioactive waste at Yucca Mountain, has expended the majority of its remaining funds for the licensing proceeding for such a repository and has not received any additional funds to continue the licensing proceeding for such a repository; and
Whereas, The United States Congress is considering various legislation concerning nuclear waste, including S.95, introduced by Senator Dean Heller, and H.R.456, introduced by Representative Dina Titus, both of which are entitled the Nuclear Waste Informed Consent Act and which would extend the right of consent to the State of Nevada before the repository at Yucca Mountain could be authorized for development; now, therefore, be it
Resolved by the Assembly and Senate of the State of Nevada, Jointly, That the Nevada Legislature protests, in the strongest possible terms, any attempt by the United States Congress to resurrect the dangerous and ill-conceived repository for spent nuclear fuel and high-level radioactive waste at Yucca Mountain; and be it further
Resolved, That the Nevada Legislature calls on President Donald J. Trump to veto any legislation that would attempt to locate any temporary, interim or permanent repository or storage facility for spent nuclear fuel and high-level radioactive waste in the State of Nevada; and be it further
Resolved, That the Nevada Legislature calls on Rick Perry, the Secretary of Energy, to find the proposed repository for spent nuclear fuel and high-level radioactive waste at Yucca Mountain unsuitable, to abandon consideration of Yucca Mountain as a repository site, and to initiate a process whereby the nation can again engage in innovative and ultimately successful strategies for dealing with the problems of spent nuclear fuel and high-level radioactive waste; and be it further
κ2017 Statutes of Nevada, Page 4574 (FILE NUMBER 29, AJR 10)κ
consideration of Yucca Mountain as a repository site, and to initiate a process whereby the nation can again engage in innovative and ultimately successful strategies for dealing with the problems of spent nuclear fuel and high-level radioactive waste; and be it further
Resolved, That the Nevada Legislature formally restates its strong and unyielding opposition to the development of Yucca Mountain as a repository for spent nuclear fuel and high-level radioactive waste and to the storage or disposal of spent nuclear fuel and high-level radioactive waste in the State of Nevada; and be it further
Resolved, That the Chief Clerk of the Assembly prepare and transmit a copy of this resolution to the President of the United States, the Vice President of the United States as the presiding officer of the Senate, the Speaker of the House of Representatives, the Secretary of Energy and each member of the Nevada Congressional Delegation; and be it further
Resolved, That this resolution becomes effective upon passage and constitutes the official position of the Nevada Legislature.
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Assembly Joint Resolution No. 13Assemblywoman Swank
FILE NUMBER 30
Assembly Joint RESOLUTION — Expressing the support of the Nevada Legislature for the enactment and use of the Antiquities Act and the designation of the Basin and Range National Monument and the Gold Butte National Monument in this State.
Whereas, The provisions of 54 U.S.C. § 320301, commonly referred to as the Antiquities Act, authorize the President of the United States to designate as national monuments any historic landmarks, historic and prehistoric structures and other objects of historic or scientific interest that are located on land owned or controlled by the Federal Government; and
Whereas, The Gold Butte National Monument was designated as a national monument under the Antiquities Act to protect and preserve approximately 300,000 acres of public lands in Clark County, Nevada; and
Whereas, Desert Bighorn Sheep, Gila Monsters, Desert Tortoises and other species of concern live in the Gold Butte National Monument; and
Whereas, As a way to honor their ancestral lands, the Moapa Band of Paiute Indians and the Las Vegas Paiute Tribe have supported the designation of the Gold Butte National Monument because it is rich with cultural artifacts and sublime petroglyphs; and
Whereas, The Basin and Range National Monument was designated as a national monument under the Antiquities Act to protect and preserve approximately 700,000 acres of public land in Lincoln and Nye Counties, Nevada; and
Whereas, The Basin and Range National Monument provides vital habitat for Desert Bighorn Sheep, Gila Monsters, Rocky Mountain Elk, mule deer, various kinds of sagebrush and many other species of concern; and
Whereas, The Basin and Range National Monument protects many cultural artifacts which date from the early human inhabitants of the area encompassed by the Basin and Range National Monument to the creation of one of the worlds greatest works of art, entitled City, by world renowned artist Michael Heizer; and
κ2017 Statutes of Nevada, Page 4575 (FILE NUMBER 30, AJR 13)κ
encompassed by the Basin and Range National Monument to the creation of one of the worlds greatest works of art, entitled City, by world renowned artist Michael Heizer; and
Whereas, Hunting, hiking and hundreds of miles of motorized access are allowed in both the Basin and Range National Monument and the Gold Butte National Monument; and
Whereas, The residents of this State have long benefitted from the designation of the Lehman Caves National Monument by former President of the United States Warren G. Harding and the subsequent inclusion of the Lehman Caves National Monument in the Great Basin National Park; and
Whereas, Outdoor recreation activities generate approximately $15 billion dollars in direct consumer spending each year in the State of Nevada and approximately $1 billion dollars in state and local tax revenue; and
Whereas, The designation of the Basin and Range National Monument and the Gold Butte Monument will increase tourism and protect important wildlife habitat and cultural resources in this State; and
Whereas, Former President of the United States Theodore Roosevelt first used the Antiquities Act in 1906 and 16 former presidents in the last 111 years, of whom 8 were Republicans and 8 were Democrats, have used the Antiquities Act to protect the natural, cultural and historic heritage of the United States; and
Whereas, The designation of national monuments is a uniquely American idea and the Antiquities Act was enacted to preserve worthy public lands as national monuments for future generations; and
Whereas, Many unique sites, including, without limitation, the Grand Canyon, the Statue of Liberty and sites that celebrate and memorialize American history from slavery to civil rights battles, have been protected under the Antiquities Act; and
Whereas, The designation of national monuments provides additional protections for public lands which are held in trust for all Americans, including public lands which are available for traditional uses such as hunting, fishing, grazing, tribal wood and herbal gathering and other historical uses; and
Whereas, The beneficial use of renewable land, water and wildlife resources is essential to the long-term economy of this State; and
Whereas, The management of national monuments is guided by plans developed with input from state, local and tribal governments, members of the public and other stakeholders; and
Whereas, Landscapes which are protected and remain intact are important to cultural and traditional activities for all residents of this State; and
Whereas, National monuments which recognize and protect the contributions, histories, cultures and spiritual beliefs of tribal communities and communities of color are some of the most precious public lands of the United States and are deserving of protection and are important in telling a more complete and inclusive history of the United States; and
Whereas, Recent polls indicate that approximately 81 percent of the residents of this State support keeping in place existing national monuments such as the Basin and Range National Monument and the Gold Butte National Monument; now, therefore, be it
κ2017 Statutes of Nevada, Page 4576 (FILE NUMBER 30, AJR 13)κ
Resolved by the Assembly and Senate of the State of Nevada, Jointly, That the members of the 79th Session of the Nevada Legislature affirm and support the designation of the Basin and Range National Monument and the Gold Butte National Monument under the Antiquities Act; and be it further
Resolved, That the Nevada Legislature supports the enactment and use of the Antiquities Act as a critical tool for protecting the public good by authorizing the designation of national monuments under the Antiquities Act; and be it further
Resolved, That the Nevada Legislature urges Congress to oppose any efforts to weaken the Antiquities Act or to reverse the designation of any national monument under the Antiquities Act; and be it further
Resolved, That the Chief Clerk of the Assembly prepare and transmit a copy of this resolution to the President of the United States, the Vice President of the United States as the presiding officer of the United States Senate, the Speaker of the United States House of Representatives and each member of the Nevada Congressional Delegation.
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Assembly Joint Resolution No. 11Assemblymen Hansen, Ellison; and McArthur
Joint Sponsor: Senator Gustavson
FILE NUMBER 31
Assembly Joint RESOLUTION — Urging Congress to ensure that the Intermountain West Corridor does not bypass Mineral County.
Whereas, On December 4, 2015, the 114th Congress passed the Fixing Americas Surface Transportation (FAST) Act, which designated the Intermountain West Corridor as a high-priority corridor on the National Highway System; and
Whereas, The FAST Act established that the Intermountain West Corridor, from the vicinity of Las Vegas north to Reno, should follow U.S. Route 95 and terminate at Interstate 80; and
Whereas, The Board of Directors of the Nevada Department of Transportation voted unanimously to designate U.S. Route 95 as the primary route of the Intermountain West Corridor from the Las Vegas vicinity extending north, terminating at Interstate 80; and
Whereas, U.S. Route 95 runs through the heart of Mineral County, home of the Hawthorne Weapons and Ammunition Depot (HWAD) which encompasses 147,000 acres and where Army, Navy and Marine special forces are trained year-round in the unique aspects of mountainous terrain and a high desert environment similar to that found in Afghanistan; and
Whereas, Through the U.S. Armys Armament Retooling and Manufacturing Support (ARMS) Program, the 16,800-acre Hawthorne Technology and Industry Park at HWAD is the only facility of its kind west of Missouri certified as an ARMS site, which is a site designed to encourage commercial use of the facility through various incentives, encourage businesses to locate there, create jobs and new industries, yet retain the Depots ability to carry out its primary mission; and
κ2017 Statutes of Nevada, Page 4577 (FILE NUMBER 31, AJR 11)κ
businesses to locate there, create jobs and new industries, yet retain the Depots ability to carry out its primary mission; and
Whereas, Hawthorne and Mineral County possess both the natural and man-made resources to support the original mission of the Interstate Highway System and the goals of the Intermountain West Corridor project, including existing rail service, a dedicated railroad bed extending to Tonopah, existing geothermal and solar installations with the capacity to greatly expand renewable energy opportunities with the addition of transmission lines within the U.S. Route 95 and the Intermountain West Corridor, an airport capable of landing a C-130 cargo plane, an on-site fire and emergency rapid response department and 24-hour security; and
Whereas, Hawthorne is centrally located 265 miles from Sacramento, 385 miles from Los Angeles, 513 miles from Salt Lake City, 612 miles from Phoenix, 133 miles from Reno and 314 miles from Las Vegas, and is strategically located to provide excellent highway access to surrounding states and the entire west coast region; and
Whereas, Regionally, it is estimated that the Intermountain West Corridor will result in a $24 billion economic benefit, create 240,000 jobs and provide up to $39 billion in travel benefits; and now, therefore, be it
Resolved by the Assembly and Senate of the State of Nevada, Jointly, That the members of the 79th Session of the Nevada Legislature hereby urge Congress to continue to pursue the original intent of the FAST Act and establish that the Intermountain West Corridor, from the vicinity of Las Vegas north to Reno, will follow U.S. Route 95 and terminate at Interstate 80 and not bypass Mineral County; and be it further
Resolved, That the Chief Clerk of the Assembly prepare and transmit a copy of this resolution to each member of the Board of Directors of the Nevada Department of Transportation, the Director of the Nevada Department of Transportation, 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. 4Senator Cannizzaro
FILE NUMBER 32
Senate Joint RESOLUTION — Urging Congress to propose an amendment to the United States Constitution to allow the governments of the United States and the individual states to regulate and limit political contributions and expenditures to protect the integrity of elections and the equal right of all Americans to effective representation.
Whereas, The growing influence of large independent political expenditures is a great and growing concern to the people of the United States and the State of Nevada; and
κ2017 Statutes of Nevada, Page 4578 (FILE NUMBER 32, SJR 4)κ
Whereas, In a democracy, the assurance of a fair and uncorrupted election process is of the utmost importance, and the Nevada Legislature believes that it is a legitimate and vital role of government to regulate political expenditures in an even-handed manner; and
Whereas, In fulfillment of this important role, the government of the United States and a majority of states have regulated and limited independent and other political contributions and expenditures; and
Whereas, The Supreme Court of the United States in Citizens United v. Federal Election Commission, 558 U.S. 310 (2010), held that the First Amendment to the United States Constitution prohibits Congress and the states from limiting or restricting independent political expenditures by corporations and unions; and
Whereas, Citizens United overturned a long-standing precedent of allowing regulation of independent political expenditures; and
Whereas, Citizens United has served as a precedent for further legal decisions which have harmed our democratic system of government, including American Tradition Partnership v. Bullock, 567 U.S. 516 (2012), which struck down a long-standing Montana campaign finance law, denying a state the right to regulate independent political expenditures by corporations in state elections, and McCutcheon v. Federal Election Commission, 134 S.Ct. 1434 (2014), which struck down aggregate individual contribution limits; and
Whereas, The people of Nevada and all other states should have the power to limit by law the influence of money in their political systems; and
Whereas, In the wake of Citizens United, there has been an exponential increase in large political contributions and expenditures which threatens the integrity of the election process, corrupts our candidates, dilutes the power of individual voters and distorts the public discourse; now, therefore, be it
Resolved by the Senate and Assembly of the State of Nevada, Jointly, That the members of the 79th Session of the Nevada Legislature hereby urge the Congress of the United States to propose an amendment to the United States Constitution to allow the governments of the United States and the individual states to regulate political contributions and expenditures; 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 and each member of the Nevada Congressional Delegation; and be it further
Resolved, That this resolution becomes effective upon passage.
________
κ2017 Statutes of Nevada, Page 4579κ
Senate Joint Resolution No. 5Senator Woodhouse
FILE NUMBER 33
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 that 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
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, again in the 113th Congress and again in the 114th 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 79th 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
κ2017 Statutes of Nevada, Page 4580 (FILE NUMBER 33, SJR 5)κ
officer of the United States Senate, the Speaker of the House of Representatives, each member of the Nevada Congressional Delegation and the Executive Director of the Department of Taxation; and be it further
Resolved, That this resolution becomes effective upon passage.
________
Assembly Joint Resolution No. 5Assemblyman Elliot Anderson
Joint Sponsor: Senator Woodhouse
FILE NUMBER 34
Assembly Joint RESOLUTION — Proposing to amend the Nevada Constitution to remove the constitutional provisions governing the election and duties of the Board of Regents of the State University and to authorize the Legislature to provide by statute for the governance, control and management of the State University and for the reasonable protection of individual academic freedom.
Legislative Counsels Digest:
Article 11 of the Nevada Constitution, which is known as the Education Article, requires the Nevada Legislature to provide for the establishment of a State University that is controlled by a Board of Regents whose duties are prescribed by law. (Nev. Const. Art. 11, § 4) The Education Article also: (1) requires the Legislature to provide for the election of the members of the Board of Regents of the State University and to define their duties by law; and (2) authorizes the Board of Regents to control and manage the affairs of the State University and its funds under such regulations as may be provided by law. (Nev. Const. Art. 11, §§ 7, 8)
As required by the Education Article, the Legislature has provided by law for: (1) the establishment of the State University, which is known as the University of Nevada; and (2) the election of the members of the Board of Regents. (NRS 396.020, 396.040) Additionally, the Legislature has: (1) provided by law for the establishment of the Nevada System of Higher Education, which consists of the State University and other educational institutions, programs and operations; and (2) authorized the Board of Regents to administer the System and to prescribe rules for its governance and management. (NRS 396.020, 396.110, 396.230, 396.280, 396.300, 396.420, 396.440, 396.550)
This resolution proposes to amend the Nevada Constitution to remove the constitutional provisions governing the Board of Regents and to authorize the Legislature to provide by statute for the governance, control and management of the State University. (Nev. Const. Art. 11, §§ 4, 7) However, although this resolution removes the status of the Board of Regents as a constitutional body under the Nevada Constitution, this resolution does not change the status of the Board of Regents as a statutory body under existing statutory provisions, which authorize the Board of Regents to administer the Nevada System of Higher Education and prescribe rules for its governance and management. In addition, this resolution does not repeal, either expressly or by implication, any of those existing statutory provisions relating to the Board of Regents, including the existing statutory provisions that provide for the election of the members of the Board of Regents.
Under the Education Article, the Legislature is authorized to encourage by all suitable means the promotion of intellectual, literary, scientific, mining, mechanical, agricultural, ethical and other educational improvements. (Nev. Const. Art. 11, § 1) In public institutions of higher education, rules which provide for the reasonable protection of individual academic freedom are intended to encourage the pursuit of knowledge and the search for academic truth and enlightenment.
κ2017 Statutes of Nevada, Page 4581 (FILE NUMBER 34, AJR 5)κ
knowledge and the search for academic truth and enlightenment. (Urofsky v. Gilmore, 216 F.3d 401, 410-11 (4th Cir. 2000); Demers v. Austin, 746 F.3d 402, 411-12 (9th Cir. 2014))
This resolution proposes to amend the Nevada Constitution to authorize the Legislature to provide by statute for the reasonable protection of individual academic freedom for students, faculty and other academic personnel of the public institutions of higher education in this State in order to facilitate the policies of encouraging by all suitable means the promotion of intellectual, literary, scientific, mining, mechanical, agricultural, ethical and other educational improvements. (Nev. Const. Art. 11, § 4)
Under the federal Morrill Land Grant Act of 1862, each state was provided with certain federal land grants to be sold to support and maintain at least one college in the state that teaches both agriculture and mechanic arts, including military tactics, so long as the state agrees to certain terms and conditions regarding the preservation and use of the proceeds derived from the sale of the federal land grants. (Act of July 2, 1862, ch. 130, §§ 1-8, 12 Stat. 503-05, as amended and codified at 7 U.S.C. §§ 301 et seq.) To secure the benefits offered by the federal law, the Framers of the Nevada Constitution approved Section 8 of the Education Article to provide for the preservation and use of the proceeds derived from the sale of the federal land grants. (Debates & Proceedings of the Nevada State Constitutional Convention of 1864, at 586 and 589-91 (Andrew J. Marsh off. rep. 1866))
This resolution proposes to amend Section 8 of the Education Article to: (1) remove references to the Board of Regents; (2) delete obsolete provisions; (3) clarify citations to the pertinent federal law, including all amendments thereto; and (4) specify that the proceeds derived under the federal law must be invested by the State of Nevada in the manner required by law. (Nev. Const. Art. 11, § 8)
If this resolution is passed by the 2017 Legislature, it must also be passed by the next Legislature and then approved and ratified by the voters in an election before the proposed amendments to the Nevada Constitution become effective.
EXPLANATION Matter in bolded italics is new; matter between
brackets [omitted material] is material to be
omitted.
Whereas, Article 11 of the Nevada Constitution, which is known as the Education Article, requires the Legislature to provide for the establishment of a State University that is controlled by a Board of Regents whose duties are prescribed by law (Nev. Const. Art. 11, § 4); and
Whereas, The Education Article also requires the Legislature to provide for the election of the members of the Board of Regents and to define their duties by law (Nev. Const. Art. 11, § 7); and
Whereas, The Education Article authorizes the Board of Regents to control and manage the affairs of the State University and its funds under such regulations as may be provided by law (Nev. Const. Art. 11, §§ 7, 8); and
Whereas, When drafting the Education Article, the Framers of the Nevada Constitution purposefully added constitutional language to ensure that the powers and duties of the Board of Regents and its members shall be prescribed by the Legislature, in order to not leave it to be inferred, perhaps, that they have absolute control over the State University (Debates & Proceedings of the Nevada State Constitutional Convention of 1864, at 586 (Andrew J. Marsh off. rep. 1866) (statement of Delegate George A. Nourse)); and
κ2017 Statutes of Nevada, Page 4582 (FILE NUMBER 34, AJR 5)κ
Whereas, The Framers believed that the Board of Regents control and management of the affairs of the State University should be governed by laws enacted by the Legislature (Debates & Proceedings of the Nevada State Constitutional Convention of 1864, at 585-87 (Andrew J. Marsh off. rep. 1866)); and
Whereas, The Framers did not create the Board of Regents as a constitutional body in the Education Article to give the Board of Regents unchecked autonomy from legislative oversight and control (Debates & Proceedings of the Nevada State Constitutional Convention of 1864, at 585-91 (Andrew J. Marsh off. rep. 1866)); and
Whereas, As required by the Education Article, the Legislature has provided by law for the establishment of the State University, known as the University of Nevada, and has provided by law for the election of the members of the Board of Regents (NRS 396.020, 396.040); and
Whereas, The Legislature has provided by law for the establishment of the Nevada System of Higher Education, which consists of the State University and other educational institutions, programs and operations, and for the Board of Regents to administer the System and to prescribe rules for its governance and management (NRS 396.020, 396.110, 396.230, 396.280, 396.300, 396.420, 396.440, 396.550); and
Whereas, In cases before the Nevada Supreme Court, the Board of Regents has asserted that its unique constitutional status gives it virtual autonomy and thus immunity from particular laws and policies enacted by the Legislature (Board of Regents v. Oakley, 97 Nev. 605, 607 (1981)); and
Whereas, Although the Nevada Supreme Court has rejected the Board of Regents broad assertion of autonomy and immunity from laws and policies enacted by the Legislature, the Nevada Supreme Court has recognized that the Board of Regents constitutional status prevents the Legislature from enacting certain legislation that directly interferes with the Boards essential management and control of the University. (Board of Regents v. Oakley, 97 Nev. 605, 608 (1981); King v. Board of Regents, 65 Nev. 533, 564-69 (1948)); and
Whereas, Under our Nations fundamental, well-established and long-standing principles of representative government, the traditional role of the peoples elected representatives in the Legislature is to serve as the peoples legislative check of accountability to ensure that public bodies, agencies and officers in the other branches of government are carrying out their governmental functions for the benefit of the people and in a manner consistent with the laws and policies enacted by the Legislature; and
Whereas, The Board of Regents has, at various times, relied on its constitutional status and its authority to control and manage the affairs of the State University as a defensive shield and cloak against the peoples legislative check of accountability, and the Board of Regents has, at various times, taken actions that have hindered, thwarted or undermined the Legislatures investigation, review and scrutiny of the institutions, programs and operations of the Nevada System of Higher Education; and
Whereas, Like other public bodies, agencies and officers of the State Government, the Board of Regents should be subject to the peoples legislative check of accountability through legislative oversight and control, and the Board of Regents control and management of the affairs of the State University should be governed by all laws enacted by the Legislature; and
κ2017 Statutes of Nevada, Page 4583 (FILE NUMBER 34, AJR 5)κ
Whereas, To secure accountability to the peoples elected representatives in the Legislature, the Nevada Constitution should be amended to remove the Board of Regents constitutional status so that the Board of Regents operates only as a statutory public body to ensure that it is subject to the peoples legislative check of accountability through legislative oversight and control and to ensure that the Board of Regents control and management of the affairs of the State University are governed by all laws enacted by the Legislature; and
Whereas, Amending the Nevada Constitution to remove the Board of Regents constitutional status will allow the Legislature to exercise the full extent of its legislative power to review, reform and improve the control and management of the affairs of the State University and, in doing so, the Legislature also will have more options and greater flexibility to review, reform and improve all other institutions, programs and operations of the Nevada System of Higher Education; and
Whereas, Amending the Nevada Constitution to remove the Board of Regents constitutional status will not repeal, either expressly or by implication, the existing statutory provisions which apply to the Board of Regents, the State University and all other institutions, programs and operations of the Nevada System of Higher Education, including, without limitation, the existing statutory provisions that provide for the voters to elect the members of the Board of Regents; now, therefore, be it
Resolved by the Assembly and Senate of the State of Nevada, Jointly, That this resolution may be cited as the Nevada Higher Education Reform, Accountability and Oversight Amendment; and be it further
Resolved, That Section 4 of Article 11 of the Nevada Constitution be amended to read as follows:
[Sec:] Sec. 4. 1. The Legislature shall provide for the establishment of a State University which shall embrace departments for Agriculture, Mechanic Arts, and Mining [to be controlled by a Board of Regents whose duties shall be prescribed by Law.] , and other departments deemed appropriate for the State University.
2. The Legislature shall provide by law for:
(a) The governance, control and management of the State University.
(b) The reasonable protection of individual academic freedom for persons who are enrolled in or who are employees or contractors of the State University and other public institutions of higher education in this State in order to facilitate the policies of Section 1 of this Article to encourage by all suitable means the promotion of intellectual, literary, scientific, mining, mechanical, agricultural, ethical and other educational improvements.
And be it further
Resolved, That Section 8 of Article 11 of the Nevada Constitution be amended to read as follows:
[Sec:] Sec. 8. The [Board of Regents shall, from the interest accruing from the first funds which come under their control, immediately organize and maintain the said Mining department in such manner as to make it most effective and useful, Provided, that all the] proceeds of the public lands donated by Act of Congress approved July [second AD. Eighteen hundred and sixty Two,] 2, 1862, ch. 130, 12 Stat. 503, and thereafter amended by Act of Congress, for a college for the benefit of Agriculture [[,] the Mechanics] and Mechanic Arts, [and] including Military tactics , shall be invested by the [said Board of Regents] State of Nevada in the manner required by law in a separate fund to be appropriated exclusively for the benefit of the first named departments to the State University as set forth in Section [Four above;] 4 of this Article.
κ2017 Statutes of Nevada, Page 4584 (FILE NUMBER 34, AJR 5)κ
Congress, for a college for the benefit of Agriculture [[,] the Mechanics] and Mechanic Arts, [and] including Military tactics , shall be invested by the [said Board of Regents] State of Nevada in the manner required by law in a separate fund to be appropriated exclusively for the benefit of the first named departments to the State University as set forth in Section [Four above;] 4 of this Article. And the Legislature shall provide that if through neglect or any other contingency, any portion of the fund so set apart [, shall be] is lost or misappropriated, the State of Nevada shall replace said amount so lost or misappropriated in said fund so that the principal of said fund shall remain forever undiminished . [[.]]
And be it further
Resolved, That Section 7 of Article 11 of the Nevada Constitution be repealed.
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Senate Joint Resolution No. 8Committee on Health and Human Services
FILE NUMBER 35
Senate Joint RESOLUTION — Urging Congress not to repeal the Patient Protection and Affordable Care Act or its most important provisions.
Whereas, In 2010, the Patient Protection and Affordable Care Act (Public Law 111-148), commonly known as the Affordable Care Act, was passed by Congress and signed into law by President Barack Obama; and
Whereas, The Affordable Care Act established a comprehensive series of health insurance reforms designed to make universal, affordable health insurance coverage available to all Americans, while also controlling rising health care costs and ending certain common industry practices that limited access to health insurance coverage; and
Whereas, The Affordable Care Act expanded access to health insurance coverage by creating health insurance marketplaces, allowing children to stay on a parents health insurance plan until the age of 26 years, expanding Medicaid and establishing a system of tax credits to assist consumers in purchasing individual health insurance coverage and provide incentives to businesses to encourage them to provide health insurance coverage to employees; and
Whereas, The Affordable Care Act prohibits an insurer from denying health insurance coverage to a person on the basis of a preexisting condition, prohibits an insurer from rescinding coverage, eliminates lifetime and annual limits on coverage, requires all marketplace plans to provide coverage for 10 essential health benefits, including preventative care, establishes a mechanism for consumers to appeal determinations regarding coverage and establishes a system to assist consumers in navigating the health insurance marketplace; and
κ2017 Statutes of Nevada, Page 4585 (FILE NUMBER 35, SJR 8)κ
Whereas, The Affordable Care Act additionally requires health insurance coverage for annual well-woman visits, screenings for breast cancer and cervical cancer, screening for gestational diabetes, all approved contraceptive methods, sterilization procedures and patient education and counseling services often provided by nonprofit organizations such as Planned Parenthood Federation of America, Inc.; and
Whereas, In particular, since Nevada chose to participate in the expansion of Medicaid in 2011, approximately 181,000 new enrollees obtained health insurance coverage in Nevada through the Medicaid expansion alone; and
Whereas, It has been estimated that 370,000 adults in this State stand to lose health insurance coverage if the Affordable Care Act is repealed; and
Whereas, It has been estimated that Nevada could lose an estimated $1 billion in Medicaid funding if the Affordable Care Act is repealed; and
Whereas, The Affordable Care Act provides many other benefits and protections to ensure access to health care by all; and
Whereas, Congressional leaders have proposed repealing the Affordable Care Act during the 115th Congress without a plan to replace the Affordable Care Act which adequately protects the thousands of Nevadans who benefit from or may not have access to health insurance coverage without the Act; and
Whereas, The Congressional Budget Office reported that the congressional plan to repeal the Affordable Care Act will cost 24 million Americans their health insurance coverage by 2026; and
Whereas, Repealing the Affordable Care Act without establishing mechanisms to preserve the significant improvements and protections afforded by the law, and without adequately providing for those who stand to lose their health insurance coverage upon repeal, will have significant detrimental effects on individuals and their families, on the health care industry in general and on the overall economic well-being of both Nevada and the nation as a whole; now, therefore, be it
Resolved by the Senate and Assembly of the State of Nevada, Jointly, That the members of the 79th Session of the Nevada Legislature hereby urge Congress to fully preserve the critical benefits afforded by the Affordable Care Act which many Nevadans have come to rely upon; and be it further
Resolved, That Congress should maintain federal funding for organizations, such as Planned Parenthood Federation of America, Inc., that provide essential family planning, cancer screenings and other preventative health services to Nevadans; and be it further
Resolved, That Congress should not repeal the Affordable Care Act in a manner that would deny access to these essential programs and services to future generations of Nevadans; 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 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.
________
κ2017 Statutes of Nevada, Page 4586κ
Senate Joint Resolution No. 12Committee on Natural Resources
FILE NUMBER 36
SENATE Joint RESOLUTION — Rescinding Senate Joint Resolution No. 1 of the 78th Session of the Nevada Legislature and expressing support for the retention of federal management and control of federal public lands in this State.
Whereas, Senate Joint Resolution No. 1 of the 78th Legislative Session urged Congress to enact legislation to transfer title to certain federal public lands in this State to the State of Nevada; and
Whereas, The Federal Government manages and controls nearly 80 percent of the land in this State; and
Whereas, A significant portion of the federal public lands in this State consists of national forests, national parks, national monuments, wilderness areas, conservation areas and wildlife refuges, all of which preserve the natural and scenic beauty of the federal public lands in this State and protect those lands from excessive human encroachment and exploitation; and
Whereas, The management and control of the federal public lands in this State by various federal agencies in this State confers an economic benefit upon the State of Nevada by saving the State of Nevada from incurring significant costs each year in managing those lands; and
Whereas, Some of the costs incurred each year by federal agencies include expenses for fighting fires, the management of wild horses and burros and the maintenance of national forests, parks and monuments; and
Whereas, The retention of federal management and control of the federal public lands in this State will ensure that access to and the use of those lands for recreational and other authorized purposes will remain available to all residents of this State; now, therefore, be it
Resolved by the Senate and Assembly of the State of Nevada, Jointly, That Senate Joint Resolution No. 1 of the 78th Legislative Session is hereby rescinded; and be it further
Resolved, That the members of the 79th Session of the Nevada Legislature hereby support and encourage the retention of federal management and control of federal public lands in this State; and be it further
Resolved, That the Secretary of the Senate prepare and transmit a copy of this resolution to the President of the United States, the Vice President of the United States as the presiding officer of the United States Senate, the Speaker of the House of Representatives, each member of the Nevada Congressional Delegation and the Governor; and be it further
Resolved, That this resolution becomes effective upon passage.
________
κ2017 Statutes of Nevada, Page 4587κ
Senate Joint Resolution No. 13Committee on Natural Resources
FILE NUMBER 37
SENATE Joint RESOLUTION — Expressing the support of the Nevada Legislature for certain recommendations relating to the conservation of wildlife in this State.
Whereas, The State of Nevada is home to more than 890 species of animals, of which 65 of those species are found only in this State; and
Whereas, Congress has enacted legislation, commonly referred to as the Pittman-Robertson Act, 16 U.S.C. §§ 669-669j, and the Dingell-Johnson Act, 16 U.S.C. §§ 777-777k, both of which were assented to by this State pursuant to NRS 501.115 and 501.117, respectively, to provide federal aid for the support of conservation, restoration projects and science-based management of game and sport fish financed by hunters, recreational shooters, fishermen and boaters; and
Whereas, A similarly dedicated and sustainable method of funding is not available for many species of birds, mammals, fish, amphibians and reptiles which are not hunted or fished; and
Whereas, In 2012, the Board of Wildlife Commissioners approved a Wildlife Action Plan created by the Department of Wildlife; and
Whereas, The provisions of the Wildlife Action Plan prioritize 256 species of wildlife having the greatest need for conservation and 22 types of habitat that require prescriptive actions to ensure the maintenance of those species and types of habitat for current and future generations in this State; and
Whereas, There is a recognized need to expand funding for the conservation of wildlife in the United States; and
Whereas, The Blue Ribbon Panel on Sustaining Americas Diverse Fish and Wildlife Resources, consisting of 26 members who are leaders in business and conservation, was recently established; and
Whereas, The Blue Ribbon Panel was required to recommend alternative methods of funding to support fish and wildlife conservation in this State and to ensure the sustainability of all species of fish and wildlife for current and future generations in this State; and
Whereas, Securing a dedicated source of federal funding for the conservation of wildlife in this State will likely require this State to provide matching funds similar to the matching funds that are currently required under the Pittman-Robertson Act and the Dingell-Johnson Act; now, therefore, be it
Resolved by the Senate and Assembly of the State of Nevada, Jointly, That the members of the 79th Session of the Nevada Legislature express their support for the determination of the Blue Ribbon Panel on Sustaining Americas Diverse Fish and Wildlife Resources to recommend that Congress dedicate $1.3 billion dollars annually in existing revenue obtained from the development of energy and mineral resources on federal lands and waters for programs to diversify the funding for and management of all species of wildlife; and be it further
Resolved, That the members of the Nevada Congressional Delegation are encouraged to support the enactment of federal legislation to carry out the recommendation of the Blue Ribbon Panel; and be it further
κ2017 Statutes of Nevada, Page 4588 (FILE NUMBER 37, SJR 13)κ
Resolved, That support is expressed for the development of policies and enactment of legislation that broaden dedicated methods of funding:
1. For the conservation of wildlife in this State;
2. For carrying out the Wildlife Action Plan of the Nevada Department of Wildlife; and
3. To provide state matching funds if a dedicated method of federal funding is obtained for the conservation of wildlife in this State; and be it further
Resolved, That the Secretary of the Senate prepare and transmit a copy of this resolution to the President of the United States, the Vice President of the United States as the presiding officer of the United States Senate, the Speaker of the 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.
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Senate Joint Resolution No. 1Senators Parks, Segerblom and Manendo
Joint Sponsor: Assemblyman Ohrenschall
FILE NUMBER 38
Senate Joint RESOLUTION — Proposing to amend the Nevada Constitution to expressly provide for the State Board of Pardons Commissioners and revise the duties of the State Board of Pardons Commissioners.
Legislative Counsels Digest:
Under the Nevada Constitution and existing law, the State Board of Pardons Commissioners consists of the Governor, the justices of the Supreme Court and the Attorney General. (Nev. Const. Art. 5, § 14; NRS 213.010) The Nevada Constitution does not expressly provide for a State Board of Pardons Commissioners, but rather establishes the authority, powers and duties of the Board. Further, the Nevada Constitution requires the Governor to vote in the majority for any action. (Nev. Const. Art. 5, § 14)
This joint resolution proposes to amend the Nevada Constitution to: (1) expressly provide for the State Board of Pardons Commissioners; (2) eliminate the requirement that the Governor vote in the majority for any action; (3) require the State Board of Pardons Commissioners to meet at least quarterly; (4) authorize any member of the State Board of Pardons Commissioners to submit matters for consideration by the Board; and (5) provide that a majority of the members of the State Board of Pardons Commissioners is sufficient for any action taken by the Board. (Nev. Const. Art. 5, § 14)
EXPLANATION Matter in bolded italics is new; matter between
brackets [omitted material] is material to be
omitted.
Resolved by the Senate and Assembly of the State of Nevada, Jointly, That Section 14 of Article 5 of the Nevada Constitution be amended to read as follows:
Sec. 14. 1. The governor, justices of the supreme court, and attorney general [, or a major part of them, of whom the governor] shall [be one, There is hereby created a Clemency] constitute the State Board [.] of Pardons Commissioners.
κ2017 Statutes of Nevada, Page 4589 (FILE NUMBER 38, SJR 1)κ
2. The State Board of Pardons Commissioners may, upon such conditions and with such limitations and restrictions as they may think proper, remit fines and forfeitures, commute punishments, except as provided in subsection [2,] 3, and grant pardons, after convictions, in all cases, except treason and impeachments, subject to such regulations as may be provided by law relative to the manner of applying for pardons.
[2.] 3. Except as may be provided by law, a sentence of death or a sentence of life imprisonment without possibility of parole may not be commuted to a sentence which would allow parole.
[3.] 4. The State Board of Pardons Commissioners shall meet at least quarterly.
5. Any member of the State Board of Pardons Commissioners may submit matters for consideration by the State Board of Pardons Commissioners.
6. A majority of the members of the State Board of Pardons Commissioners is sufficient for any action taken by the State Board of Pardons Commissioners.
7. The Legislature is authorized to pass laws conferring upon the district courts authority to suspend the execution of sentences, fix the conditions for, and to grant probation, and within the minimum and maximum periods authorized by law, fix the sentence to be served by the person convicted of crime in said courts.
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Senate Joint Resolution No. 3Senators Spearman, Ford, Ratti, Cannizzaro, Woodhouse; Cancela, Manendo, Parks and Segerblom
Joint Sponsors: Assemblymen Frierson; Daly, Joiner and Miller
FILE NUMBER 39
Senate Joint RESOLUTION — Proposing to amend the Nevada Constitution to provide certain rights to voters.
Legislative Counsels Digest:
Existing law provides voters with certain rights. (NRS 293.2546) This resolution proposes to amend the Nevada Constitution by adding a new section to Article 2 to provide similar rights in the Nevada Constitution.
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 1A, be added to Article 2 of the Nevada Constitution to read as follows:
Sec. 1A. Each voter who is a qualified elector under this Constitution and is registered to vote in accordance with Section 6 of this Article and the laws enacted by the Legislature pursuant thereto has the right:
κ2017 Statutes of Nevada, Page 4590 (FILE NUMBER 39, SJR 3)κ
1. To receive and cast a ballot that:
(a) Is written in a format that allows the clear identification of candidates; and
(b) Accurately records the voters preference in the selection of candidates.
2. To have questions concerning voting procedures answered and to have an explanation of the procedures for voting posted in a conspicuous place at the polling place.
3. To vote without being intimidated, threatened or coerced.
4. To vote during any period for early voting or on election day if the voter is waiting in line at a polling place at which, by law, the voter is entitled to vote at the time that the polls close and the voter has not already cast a vote in that election.
5. To return a spoiled ballot and receive another ballot in its place.
6. To request assistance in voting, if necessary.
7. To a sample ballot which is accurate, informative and delivered in a timely manner as provided by law.
8. To receive instruction in the use of the equipment for voting during any period for early voting or on election day.
9. To equal access to the elections system without discrimination, including, without limitation, discrimination on the basis of race, age, disability, military service, employment or overseas residence.
10. To a uniform, statewide standard for counting and recounting all votes accurately as provided by law.
11. To have complaints about elections and election contests resolved fairly, accurately and efficiently as provided by law.
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Senate Concurrent Resolution No. 1Senator Ratti
FILE NUMBER 40
Senate Concurrent RESOLUTION — Directing the Legislative Commission to appoint a committee to conduct an interim study relating to affordable housing within the State of Nevada.
Whereas, The United States Department of Housing and Urban Development defines affordable housing as housing for which an occupant is paying no more than 30 percent of his or her income for gross housing costs, including utilities; and
Whereas, Families who pay more than 30 percent of their income for housing may have difficulty affording essentials such as food, clothing, transportation and medical care; and
Whereas, According to statistics from the American Community Survey conducted by the United States Census Bureau, of units occupied by persons paying rent in Nevada, an estimated 46.8 percent of occupants spent more than 30 percent of their household income on rent and utilities in 2015; and
κ2017 Statutes of Nevada, Page 4591 (FILE NUMBER 40, SCR 1)κ
Whereas, According to statistics from the Housing Division of the Department of Business and Industry, rent for affordable housing units in Nevada increased by 11 percent between 2013 and 2015, while average wages in Nevada increased by only 3 percent during that same period and average vacancy rates for affordable housing units decreased to 4 percent; and
Whereas, The shortage of affordable housing has forced thousands of seniors, veterans, families and children in Nevada to occupy motels that typically have minimal or no facilities for the preparation and storage of food and which serve as an inadequate substitute for stable, long-term housing; and
Whereas, Various research studies on the impact of housing on childrens academic success indicate that the availability of adequate, safe, affordable housing can provide children with enhanced opportunities for academic success by reducing the frequency of unwanted moves which disrupt both the continuity of educational instruction and the social bonds and networks that support learning; and
Whereas, Increasing the availability of adequate, safe, affordable housing may also assist the State in meeting its economic development goals, increase the ability of the State to attract and retain a skilled workforce and improve educational outcomes for children in Nevada; now, therefore, be it
Resolved by the Senate of the State of Nevada, the Assembly Concurring, That the Legislative Commission is hereby directed to appoint a committee composed of three members of the Assembly and three members of the Senate, one of whom must be appointed by the Legislative Commission as Chair of the committee, to conduct an interim study of affordable housing within the State of Nevada; and be it further
Resolved, That the study must include, without limitation, an examination of:
1. The present and prospective need for affordable housing in the State, including, without limitation, affordable housing that is accessible to persons with disabilities;
2. Any impediments to the development of affordable housing in the State;
3. Methods to increase the availability of affordable housing in rural, suburban and urban areas of the State; and
4. Any other matters which are deemed relevant to the issue of affordable housing; and be it further
Resolved, That the committee solicit the input of interested stakeholders, including, without limitation, agencies and organizations that provide access to affordable housing and affordable housing assistance; and be it further
Resolved, That any recommended legislation proposed by the committee must be approved by a majority of the members of the Senate and a majority of the members of the Assembly appointed to the committee; and be it further
Resolved, That the Legislative Commission submit a report of the results of the study and any recommended legislation to the 80th Session of the Nevada Legislature; and be it further
Resolved, That the Secretary of the Senate prepare and transmit a copy of this resolution to the Administrator of the Housing Division of the Department of Business and Industry.
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κ2017 Statutes of Nevada, Page 4592κ
Assembly Concurrent Resolution No. 9Assemblyman Yeager
FILE NUMBER 41
Assembly Concurrent RESOLUTION — Directing the Legislative Commission to appoint a committee to conduct an interim study concerning the advisability and feasibility of treating certain traffic and related violations as civil infractions.
Whereas, Under existing law, violations of traffic laws and laws relating to drivers licenses and to the registration of and insurance for motor vehicles are treated as criminal offenses; and
Whereas, As a result, residents of this State and visitors may find themselves entangled in the criminal justice system for relatively minor misconduct; and
Whereas, Other states treat violations of their traffic and related laws as civil infractions; and
Whereas, Among the purposes for which the Legislature establishes traffic laws is to minimize the differences between the traffic laws of this State and those of other states; now, therefore, be it
Resolved by the Assembly of the State of Nevada, the Senate Concurring, That the Legislative Commission is hereby directed to appoint a committee to conduct an interim study concerning the advisability and feasibility of treating certain criminal violations of traffic laws and laws relating to drivers licenses and to the registration of and insurance for motor vehicles as civil infractions; and be it further
Resolved, That the committee must be composed of six Legislators as follows:
1. Three members of the Assembly, at least one of whom represents a district no part of which is in Clark County; and
2. Three members of the Senate, at least one of whom represents a district no part of which is in Clark County; and be it further
Resolved, Of the members appointed to the committee who represent a district no part of which is in Clark County, at least one member must represent a district no part of which is in Clark County or Washoe County; and be it further
Resolved, That the Legislative Commission shall designate one of the members appointed to the committee to serve as the chair of the committee; and be it further
Resolved, That in performing the study, the committee shall consider issues relating to:
1. The existing laws of this State concerning the violation of traffic laws and laws relating to drivers licenses and to the registration of and insurance for motor vehicles, and the treatment of violations of such laws as criminal offenses;
2. The related laws of other states concerning violations of such laws and their treatment of violations of such laws as criminal offenses or civil infractions;
3. The appropriate and necessary elements of a system to treat violations of such laws as civil infractions in this State, including, without limitation, computer systems, court procedures, training and staffing; and
κ2017 Statutes of Nevada, Page 4593 (FILE NUMBER 41, ACR 9)κ
4. The anticipated fiscal effects of a system to treat violations of such laws as civil infractions in this State, including, without limitation, the effects on this State and its political subdivisions; and be it further
Resolved, That any recommended legislation proposed by the committee must be approved by a majority of the members of the Assembly and a majority of the members of the Senate appointed to the committee; and be it further
Resolved, That the Legislative Commission submit a report of the results of the study and any recommended legislation to the Director of the Legislative Counsel Bureau for transmittal to the 80th Session of the Nevada Legislature; and be it further
Resolved, That the Chief Clerk of the Assembly prepare and transmit a copy of this resolution to the Governor, the Director of the Department of Public Safety, the Director of the Department of Motor Vehicles and the Director of the Administrative Office of the Courts.
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Senate Joint Resolution No. 6Committee on Commerce, Labor and Energy
FILE NUMBER 42
Senate Joint RESOLUTION — Proposing to amend the Nevada Constitution to provide for certain increases in the minimum wage.
Legislative Counsels Digest:
Section 16 of Article 15 of the Nevada Constitution requires each employer to pay a certain minimum wage to each employee. This wage is $5.15 per hour worked if the employer provides certain health benefits or $6.15 per hour worked if the employer does not provide such benefits. Each year, the wage must be adjusted by the amount of increases in the federal minimum wage over $5.15 per hour or, if greater, by the cumulative increase in the cost of living measured by the Consumer Price Index (CPI), except the CPI adjustment for any 1-year period greater than 3 percent. (Nev. Const. Art. 15, § 16) Because of increases in the federal minimum wage, the minimum wage in Nevada is currently $7.25 if the employer provides certain health benefits and $8.25 if the employer does not provide such benefits.
This joint resolution proposes to amend the Nevada Constitution to provide for certain annual increases in the minimum wage. Under this joint resolution, beginning on January 1, 2021, the minimum wage would be $9.40 per hour. Beginning on January 1, 2022, the minimum wage must be increased by $1.15 each year until the minimum wage is $14. However, if, at any time, the federal minimum wage is greater than the amount calculated under this joint resolution, the minimum wage in this State must equal the federal minimum wage. This joint resolution further authorizes the Legislature to increase the minimum wage to an amount higher than the minimum wage calculated under this joint resolution.
Finally, this joint resolution: (1) authorizes an action against an employer for violating the minimum wage requirement to be brought as a class action; and (2) provides that an employee who prevails in an action for a violation of the minimum wage requirement is entitled to damages in an amount equal to three times the amount which the employee would have been paid if the employer had complied with the minimum wage requirement.
κ2017 Statutes of Nevada, Page 4594 (FILE NUMBER 42, SJR 6)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 Section 16 of Article 15 of the Nevada Constitution be amended as follows:
Sec. 16. [A. Each]
1. Except as otherwise provided in this section, each employer shall pay a wage to each employee of not less than the hourly [rates] rate set forth in this [section. The] subsection. Beginning on January 1, 2021, the rate [shall] must be [five dollars and fifteen cents ($5.15) per hour worked, if the employer provides health benefits as described herein, or six dollars and fifteen cents ($6.15) per hour if the employer does not provide such benefits. Offering health benefits within the meaning of this section shall consist of making health insurance available to the employee for the employee and the employees dependents at a total cost to the employee for premiums of not more than 10 percent of the employees gross taxable income from the employer. These rates of wages shall be adjusted by the amount of increases in] nine dollars and forty cents ($9.40) per hour worked. Beginning on January 1, 2022, this rate must be increased on January 1 of each year by one dollar and fifteen cents ($1.15) per hour worked until the rate is fourteen dollars ($14.00) per hour worked.
2. If, at any time, the federal minimum wage [over $5.15 per hour, or, if greater, by the cumulative increase in the cost of living. The cost of living increase shall be measured by the percentage increase as of December 31 in any year over the level as of December 31, 2004 of the Consumer Price Index (All Urban Consumers, U.S. City Average) as published by the Bureau of Labor Statistics, U.S. Department of Labor or the successor index or federal agency. No CPI adjustment for any one-year period may be greater than 3%. The Governor or the State agency designated by the Governor shall publish a bulletin by April 1 of each year announcing the adjusted rates, which shall take effect the following July 1. Such bulletin will be made available to all employers and to any other person who has filed with the Governor or the designated agency a request to receive such notice but lack of notice shall not excuse noncompliance with this section. An employer shall provide written notification of the rate adjustments to each of its employees and make the necessary payroll adjustments by July 1 following the publication of the bulletin.] is higher than the rate set forth in subsection 1, each employer must pay a wage to each employee of not less than the hourly rate set forth in the federal minimum wage.
3. The Legislature may establish by law a minimum wage that an employer must pay to each employee that is higher than the hourly rate set forth in subsection 1 or 2.
4. Tips or gratuities received by employees shall not be credited as being any part of or offset against the minimum wage [rates] rate required by this section.
[B. The]
κ2017 Statutes of Nevada, Page 4595 (FILE NUMBER 42, SJR 6)κ
5. Except as otherwise provided in this subsection, the provisions of this section may not be waived by agreement between [an individual] any employee and [an] his or her employer. All of the provisions of this section, or any part hereof, may be waived in a bona fide collective bargaining agreement, but only if the waiver is explicitly set forth in such agreement in clear and unambiguous terms. Unilateral implementation of terms and conditions of employment by either party to a collective bargaining relationship shall not constitute, or be permitted, as a waiver of all or any part of the provisions of this section.
6. An employer shall not discharge, reduce the compensation of or otherwise discriminate against any employee for using any civil remedies to enforce this section or otherwise asserting his or her rights under this section [.] in any manner. An employee claiming a violation of this section [may] is entitled to bring an action against his or her employer in the courts of this State , either in his or her individual capacity or as a representative of a class of similarly situated individuals, to enforce the provisions of this section and shall be entitled to all remedies available under the law or in equity appropriate to remedy any violation of this section . [, including but not limited to back pay, damages, reinstatement or injunctive relief.] An employee who prevails in any action to enforce this section [shall] must be awarded damages in an amount equal to three times the amount which the employee would have been paid if his or her employer had complied with the provisions of this section and his or her reasonable attorneys fees and costs.
[C.] 7. As used in this section, employee means any person who is employed by an employer as defined herein but does not include an employee who is under eighteen (18) years of age, employed by a nonprofit organization for after school or summer employment or as a trainee for a period not longer than ninety (90) days. Employer means any individual, proprietorship, partnership, joint venture, corporation, limited liability company, trust, association, or other entity that may employ individuals or enter into contracts of employment.
[D.] 8. If any provision of this section is declared illegal, invalid or inoperative, in whole or in part, by the final decision of any court of competent jurisdiction, the remaining provisions and all portions not declared illegal, invalid or inoperative shall remain in full force or effect, and no such determination shall invalidate the remaining sections or portions of the sections of this section.
________
κ2017 Statutes of Nevada, Page 4596κ
Senate Joint Resolution No. 14Committee on Revenue and Economic Development
FILE NUMBER 43
Senate Joint RESOLUTION — Proposing to amend the Nevada Constitution to revise provisions relating to the assessment and taxation of property which is sold or transferred and to require the Legislature to enact a Senior and Disabled Taxpayers Protection Act to provide property tax assistance to senior citizens and persons with disabilities.
Legislative Counsels Digest:
The Nevada Constitution requires the Legislature to provide by law for a uniform and equal rate of assessment and taxation of property. (Nev. Const. Art. 10, § 1)
Under existing law, for the purpose of determining the amount of property tax owed by the owner of a parcel of real property, the taxable value of the real property is equal to the value of the land plus the replacement cost of the improvements, depreciated at 1.5 percent for each year of adjusted actual age, up to a maximum of 50 years. (NRS 361.227) Existing law also provides for a partial abatement of property taxes, which has the effect of establishing an annual cap on increases in property taxes. (NRS 361.4722-361.4724) This resolution proposes to amend the Nevada Constitution to provide that for the first fiscal year after real property is sold or transferred, the real property is ineligible for any adjustment to the value of improvements on the real property which is based on the age of the improvement and certain partial abatements.
This resolution also proposes to amend the Nevada Constitution to require the Legislature to enact by law a Senior and Disabled Taxpayers Protection Act. The Senior and Disabled Taxpayers Protection Act enacted by the Legislature is required to consist of a program to provide assistance to persons domiciled in this State who are 62 years of age or older or disabled by paying such persons refunds of the property taxes imposed on the primary residences of such persons.
EXPLANATION Matter in bolded italics is new; matter between
brackets [omitted material] is material to be
omitted.
Resolved by the Senate and Assembly of the State of Nevada, Jointly, That Section 1 of Article 10 of the Nevada Constitution be amended to read as follows:
Section 1. 1. The Legislature shall provide by law for a uniform and equal rate of assessment and taxation, and shall prescribe such regulations as shall secure a just valuation for taxation of all property, real, personal and possessory, except mines and mining claims, which shall be assessed and taxed only as provided in Section 5 of this Article.
2. Shares of stock, bonds, mortgages, notes, bank deposits, book accounts and credits, and securities and choses in action of like character are deemed to represent interest in property already assessed and taxed, either in Nevada or elsewhere, and shall be exempt.
3. The Legislature may constitute agricultural and open-space real property having a greater value for another use than that for which it is being used, as a separate class for taxation purposes and may provide a separate uniform plan for appraisal and valuation of such property for assessment purposes. If such plan is provided, the Legislature shall also provide for retroactive assessment for a period of not less than 7 years when agricultural and open-space real property is converted to a higher use conforming to the use for which other nearby property is used.
κ2017 Statutes of Nevada, Page 4597 (FILE NUMBER 43, SJR 14)κ
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.
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.
11. For the purposes of assessment and taxation of property:
(a) Except as otherwise provided in this paragraph, for the first fiscal year after the sale or transfer of real property, the real property sold or transferred shall not be eligible for any adjustment provided by the Legislature by law based on the age of improvements to the real property, any abatement of the tax upon the real property provided by the Legislature by law pursuant to subsection 8 or any abatement or exemption provided by the Legislature by law pursuant to subsection 10. The provisions of this paragraph do not apply to real property for which the Legislature has provided by law for an exemption of the tax on property.
(b) For any fiscal year following the first fiscal year after the sale or transfer of real property to which the provisions of paragraph (a) apply, any adjustment provided by the Legislature by law based on the age of improvements to the real property must be determined as if the improvements were new improvements on the date of the sale or transfer.
κ2017 Statutes of Nevada, Page 4598 (FILE NUMBER 43, SJR 14)κ
paragraph (a) apply, any adjustment provided by the Legislature by law based on the age of improvements to the real property must be determined as if the improvements were new improvements on the date of the sale or transfer.
Κ The Legislature shall provide by law for definitions of the terms sale and transfer as necessary to carry out the provisions of this subsection.
12. The Legislature shall provide by law for a program to provide for the payment of refunds of the taxes imposed on the primary residence of a person domiciled in this State who is 62 years of age or older or a person with a disability. If such a person rents his or her primary residence, the amount of the refund for which the person is eligible must not exceed the portion of the rent which is deemed to constitute accrued property tax. The Legislature shall establish by law:
(a) The criteria which a person must satisfy to be eligible for such a refund; and
(b) The amount of the refund to be paid to a person eligible for such a refund, which may consist of a graduated refund based on the household income of such a person.
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EMERGENCY REQUEST of Speaker of the Assembly
Assembly Concurrent Resolution No. 12Assemblyman Frierson
Joint Sponsor: Senator Ford
FILE NUMBER 44
Assembly Concurrent RESOLUTION — Amending the Joint Standing Rules of the Senate and Assembly for the 79th Session of the Legislature.
Resolved by the Assembly of the State of Nevada, the Senate Concurring, That Rule No. 20 of the Joint Standing Rules of the Senate and Assembly as adopted by the 79th Session of the Legislature is hereby amended to read as follows:
Rule No. 20. Maintenance of Working Environment; Procedure for Filing, Investigating and Taking Remedial Action on Complaints.
1. The Legislature hereby declares that it is the policy of the Legislature to prohibit any conduct, whether intentional or unintentional, which results in sexual harassment or other unlawful harassment based upon any other protected category. The Legislature intends to maintain a working environment which is free from sexual harassment and other unlawful harassment. Each Legislator is responsible to conduct himself or herself in a manner which will ensure that others are able to work in such an environment.
2. In accordance with Title VII of the Civil Rights Act 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:
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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. In addition to other prohibited conduct, a complaint may be brought pursuant to this Rule for engaging in conduct prohibited by Rule No. 37 when the prohibited conduct is based on or because of the gender or other protected category of the person.
5. 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.] 6. 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 [.] ; or
(d) The reporting system established pursuant to subsection 11.
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.] 7. 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.
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appropriate, shall cause a discreet and impartial investigation to be conducted and may, when deemed necessary and appropriate, assign the complaint to a committee consisting of Legislators of the appropriate House.
[7.] 8. 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.] 9. 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.] 10. 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 also apply to employees, Legislators, lobbyists, vendors, contractors, customers and any other visitors to the Legislature.
[10.] 11. The Legislative Counsel Bureau shall establish a reporting system which allows a person to submit a complaint of a violation of this Rule with or without identifying himself or herself. Such a complaint must provide enough details of the incident or incidents alleged, the names of the persons involved and the names of any witnesses to allow an appropriate inquiry to occur.
12. This policy does not create any enforceable legal rights in any person.
And be it further
Resolved by the Assembly of the State of Nevada, the Senate Concurring, That the Joint Standing Rules of the Senate and the Assembly as adopted by the 79th Session of the Legislature are hereby amended by adding thereto a new rule, designated Rule No. 20.5, following Rule No. 20, to read as follows:
Rule No. 20.5. Lobbyists to Maintain Appropriate Working Environment; Procedure for Filing, Investigating and Taking Remedial Action on Complaints.
1. A lobbyist shall not engage in any conduct with a Legislator or any other person working in the Legislature which is prohibited by a Legislator under Rule No. 20. Each lobbyist is responsible to conduct himself or herself in a manner which will ensure that others who work in the Legislature are able to work in an environment free from sexual harassment and other unlawful harassment.
2. Each lobbyist must exercise his or her own good judgment to avoid engaging in conduct that may be perceived by others as sexual harassment as described in Rule No. 20.
3. A lobbyist who encounters conduct that he or she 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;
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(c) The Director of the Legislative Counsel Bureau; or
(d) The reporting system established pursuant to subsection 11 of Rule No. 20.
Κ Such a complaint must include the details of the incident or incidents alleged, the names of the persons involved and the names of any witnesses.
4. If a person encounters conduct by a lobbyist which he or she believes is sexual harassment, or other unlawful harassment, retaliation or otherwise inconsistent with this policy, the person may file a complaint in the manner listed in subsection 3, or may submit a complaint in accordance with the reporting system established pursuant to subsection 11 of Rule No. 20.
5. If a complaint made against a lobbyist pursuant to this Rule is substantiated, appropriate disciplinary action may be brought against the lobbyist which may include, without limitation, having his or her registration as a lobbyist suspended.
6. This policy does not create any enforceable legal rights in any person.
And be it further
Resolved by the Assembly of the State of Nevada, the Senate Concurring, That the Joint Standing Rules of the Senate and Assembly as adopted by the 79th Session of the Legislature are hereby amended by adding thereto new rules, designated Rules Nos. 23 to 39, inclusive, following Rule No. 22, to read as follows:
Rule No. 23. Reserved.
Rule No. 24. Reserved.
Rule No. 25. Reserved.
Rule No. 26. Reserved.
Rule No. 27. Reserved.
Rule No. 28. Reserved.
Rule No. 29. Reserved.
LEGISLATIVE CODE OF ETHICAL STANDARDS
Rule No. 30. Short Title; Applicability; Relation to Other Ethical Standards.
1. Rules Nos. 30 to 39, inclusive, may be cited as the Legislative Code of Ethical Standards.
2. The Legislative Code of Ethical Standards applies to:
(a) All Legislators at all times.
(b) All members of legislative staff when performing or exercising their legislative assignments, tasks, duties, responsibilities or powers.
(c) All lobbyists when they:
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(1) Appear in person in the Legislative Building or any other building in which the Legislature or any of its legislative committees hold meetings during a regular or special session or the interim between sessions, including, without limitation, any building in which a meeting is held by teleconference or videoconference; or
(2) Represent the interests of any lobbying client to a Legislator or a member of legislative staff, regardless of whether such representation occurs during a regular or special session or the interim between sessions and regardless of the location where such representation occurs or the means of communication used to provide such representation.
3. The Legislative Code of Ethical Standards remains in full force and effect throughout the interim between regular sessions of the Legislature and until new Joint Standing Rules of the Senate and Assembly are adopted as part of the organization of a newly-constituted Legislature at the commencement of a session, unless a conflict exists with a joint rule adopted by the Senate and Assembly for a special session occurring between regular sessions.
4. The Legislative Code of Ethical Standards is intended to supplement all other ethical standards recognized by rules and laws governing ethics and does not limit the application of such other ethical standards but is cumulative thereto, so that the application or attempted application of any one of the ethical standards does not bar the application or attempted application of any other, except in circumstances where Section 6 of Article 4 of the Nevada Constitution invests each House with plenary and exclusive constitutional powers.
Rule No. 31. Purpose and Construction.
1. The purpose of the Legislative Code of Ethical Standards is to:
(a) Establish the highest standards of ethical behavior founded upon principles of dignity, decorum, civility and respect;
(b) Prohibit any conduct that creates the appearance of impropriety; and
(c) Prohibit any improper, inappropriate or dishonorable conduct that is unbecoming to the legislative process or is inconsistent with or undermines the peoples faith, trust and confidence in the integrity of the legislative process.
2. The Legislative Code of Ethical Standards must be construed:
(a) Liberally to carry out and achieve its purposes; and
(b) Strictly against any person alleging that his or her conduct is not subject to its provisions, so that any doubt or uncertainty as to the application of its provisions must be resolved against such a person and in favor of removing unethical behavior from the legislative process.
κ2017 Statutes of Nevada, Page 4603 (FILE NUMBER 44, ACR 12)κ
Rule No. 32. Definitions.
As used in the Legislative Code of Ethical Standards, unless the context otherwise requires, the words and terms defined in Rules Nos. 33 to 36, inclusive, have the meanings ascribed to them in those sections.
Rule No. 33. Legislative Committee Defined.
1. Legislative committee means any legislative committee or commission appointed to conduct or perform legislative business during a regular or special session or the interim between sessions.
2. The term includes, without limitation:
(a) Any joint, standing, temporary, special or select committee;
(b) Any committee of the whole;
(c) Any interim committee; or
(d) Any subcommittee.
Rule No. 34. Lobbying Client Defined.
1. Lobbying client means a person who employs, retains, contracts for or otherwise engages the services of a lobbyist to represent the interests of the person to Legislators or members of legislative staff, whether or not any compensation is paid for the services.
2. The term includes, without limitation, a client that is a government, governmental agency or political subdivision of a government.
Rule No. 35. Lobbyist Defined.
1. Lobbyist means a person who:
(a) Is required to register as a lobbyist during a regular or special session pursuant to chapter 218H of NRS, regardless of whether the person properly registers or fails to register as a lobbyist as required by that chapter; or
(b) Represents the interests of any lobbying client to a Legislator or a member of legislative staff, regardless of whether such representation occurs during a regular or special session or the interim between sessions and regardless of the location where such representation occurs or the means of communication used to provide such representation.
2. The term does not include a person who is excluded from the term lobbyist as defined in NRS 218H.080.
Rule No. 36. Member of Legislative Staff Defined.
1. Member of legislative staff means any member of a Legislators staff or any officer, employee, assistant or other person employed with reference to the legislative duties of a Legislator or the Legislative Branch, regardless of whether they are paid or otherwise compensated to serve in their positions.
2. The term includes, without limitation, any officers, employees, attaches, interns or other staff of:
(a) The Legislature or either House;
(b) Any legislative committee;
(c) Any legislative office or caucus;
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(d) Any division of the Legislative Counsel Bureau; or
(e) Any other agency, body, office, organization or unit of the Legislative Branch.
Rule No. 37. Ethical Standards; Prohibited Conduct.
1. The people of the State of Nevada have the right to expect and demand that each Legislator, member of legislative staff or lobbyist adheres to the highest standards of ethical behavior founded upon principles of dignity, decorum, civility and respect because such ethical standards are essential to ensure and enhance the peoples faith, trust and confidence in the integrity of the legislative process.
2. Each Legislator, member of legislative staff or lobbyist has a solemn and unerring responsibility and duty to do everything in his or her power to:
(a) Behave properly, appropriately and honorably with each other and with members of the public who participate in the legislative process; and
(b) Encourage, promote and secure an atmosphere in which ethical behavior is the highest priority and is practiced unceasingly and without fail.
3. Each Legislator, member of legislative staff or lobbyist shall not engage in or attempt, offer, agree, assist or induce another person to engage in:
(a) Any conduct that creates the appearance of impropriety; or
(b) Any improper, inappropriate or dishonorable conduct that is unbecoming to the legislative process or is inconsistent with or undermines the peoples faith, trust and confidence in the integrity of the legislative process.
4. The conduct prohibited by this Rule includes, without limitation, any conduct that:
(a) Is intended to threaten, harass, intimidate or improperly influence another person who is participating in the legislative process.
(b) Creates a hostile work environment for another person who is participating in the legislative process.
(c) Causes harm or serious emotional distress, or the reasonable apprehension thereof, to another person who is participating in the legislative process.
(d) Involves impolite, disrespectful or disorderly behavior that results in unreasonable or harmful interference with another person who is participating in the legislative process.
(e) Involves false or misleading accusations or allegations against another person who is participating in the legislative process.
(f) Involves dishonesty, fraud, deceit or misrepresentation.
(g) Is intended to assist or induce another person to violate or attempt to violate the Legislative Code of Ethical Standards.
κ2017 Statutes of Nevada, Page 4605 (FILE NUMBER 44, ACR 12)κ
Rule No. 38. Complaints.
1. A person may file a complaint alleging a breach of the Legislative Code of Ethical Standards in accordance with the Standing Rules of each House, except that a person may not file a complaint alleging the same or substantially similar conduct with more than one House.
2. If the complaint alleges an ethical breach by or against a Legislator or the ethical breach otherwise involves a particular Legislator, the complaint must be filed with the Legislators House, even if the complaint also alleges an ethical breach against a member of legislative staff or a lobbyist.
Rule No. 39. Authority of Senate and Assembly to Adopt Ethical Standards and Prohibit and Sanction Ethical Breaches.
1. The Senate and Assembly hereby find and declare that:
(a) Section 6 of Article 4 of the Nevada Constitution invests each House with plenary and exclusive constitutional powers to govern, control and regulate its membership and its internal organization, affairs and management, expressly providing that: Each House shall judge of the qualifications, elections and returns of its own members, choose its own officers (except the President of the Senate), determine the rules of its proceedings and may punish its members for disorderly conduct, and with the concurrence of two thirds of all the members elected, expel a member. (Heller v. Legislature, 120 Nev. 456 (2004); Commission on Ethics v. Hardy, 125 Nev. 285 (2009); Masons Manual of Legislative Procedure §§ 2-3 and 560-564 (2010) (Masons Manual))
(b) Section 7 of Article 4 of the Nevada Constitution invests each House with plenary and exclusive constitutional powers to govern, control and regulate any person who is not a member but who is guilty of disrespect to the House by disorderly or contemptuous behavior in its presence, and each House also has inherent powers, according to the common parliamentary law, to prohibit and sanction all offensive behavior committed against it by any person who is not a member. (Masons Manual §§ 805-806; Luther S. Cushing, Elements of the Law & Practice of Legislative Assemblies §§ 690-695 (1856) (Cushings Legislative Assemblies))
(c) In addition to its other powers, each House possesses certain inherent powers of institutional self-protection and self-preservation to govern, control and regulate its membership and its internal organization, affairs and management. (In re Chapman, 166 U.S. 661, 668 (1897); Masons Manual § 2; Cushings Legislative Assemblies § 533 (1856))
(d) The inherent powers of each House are considered so essential to the authority of a legislative assembly, that it cannot well exist without them; and they are consequently entitled to be regarded as belonging to every such assembly as a necessary incident. (Cushings Legislative Assemblies § 533)
(e) The inherent powers of each House authorize it to take all necessary and proper institutional actions that are recognized by the common parliamentary law. (Cushings Legislative Assemblies § 684)
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(f) Thus, it is well established that each House is vested with all the powers and privileges which are necessary and incidental to a free and unobstructed exercise of its appropriate functions. These powers and privileges are derived not from the Constitution; on the contrary, they arise from the very creation of a legislative body, and are founded upon the principle of self-preservation. (Ex parte McCarthy, 29 Cal. 395, 403 (1866))
2. The Senate and Assembly hereby exercise their constitutional and inherent powers and privileges and adopt the Legislative Code of Ethical Standards in the Joint Standing Rules to:
(a) Establish ethical standards to regulate the behavior and conduct of persons who participate in the legislative process; and
(b) Prohibit and sanction ethical breaches.
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Senate Concurrent Resolution No. 6Committee on Finance
FILE NUMBER 45
Senate Concurrent RESOLUTION — Directing the Legislative Commission to appoint a committee to conduct an interim study concerning salaries for certain positions in the unclassified and nonclassified service of the State.
Whereas, 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 created by NRS 281.1571 makes its recommendations concerning the appropriate salaries to be paid to elected officers after comparing the current salaries of persons with similar qualifications who are employed by the State of Nevada and in the public sector and determining the minimum salary required to attract and retain experienced and competent persons; and
Whereas, The Administrator of the Division of Human Resource Management of the Department of Administration is authorized pursuant to NRS 284.175 to make recommendations to the Legislature concerning the appropriate salaries to be paid to employees in the classified service of the State after considering factors such as surveys of salaries of comparable jobs in government and private industry within the State of Nevada and western states, where appropriate, changes in the cost of living, the rate of turnover and difficulty of recruitment for particular positions and maintaining an equitable relationship among classifications; and
Whereas, There is no comparable mechanism for considering the appropriate salaries to be paid to state officers and employees who occupy positions in the unclassified and nonclassified service of the State; now, therefore, be it
Resolved by the Senate of the State of Nevada, the Assembly Concurring, That the Legislative Commission is hereby directed to appoint a committee to conduct an interim study, as described herein, which is composed of:
κ2017 Statutes of Nevada, Page 4607 (FILE NUMBER 45, SCR 6)κ
1. Three members of the Senate, two of whom are appointed by the Majority Leader of the Senate and one of whom is appointed by the Minority Leader of the Senate;
2. Three members of the Assembly, two of whom are appointed by the Speaker of the Assembly and one of whom is appointed by the Minority Leader of the Assembly; and
3. The Administrator of the Division of Human Resource Management of the Department of Administration, who shall serve as a nonvoting member of the committee; and be it further
Resolved, That the Legislative Commission shall designate one of the members appointed to the committee to serve as the Chair of the committee; and be it further
Resolved, That, the committee shall conduct an interim study concerning the appropriate salaries for certain positions in the unclassified and nonclassified service of the State, which must, without limitation:
1. Include a review of any position within the Judicial Department of the State Government, the Commission on Ethics, the Nevada Gaming Control Board, the Public Utilities Commission of Nevada and any other department, commission or agency of the State of Nevada as determined by the committee;
2. Include selection of the positions in the unclassified and nonclassified service of the State in each department, commission or agency of the State of Nevada which are to be included in the interim study;
3. Include a review of the salary paid to the state officer or employee in each position selected for review by the committee; and
4. Provide for a market salary analysis for each position selected for review by the committee to be performed in a manner determined by the committee; and be it further
Resolved, That, in conducting the interim study, the committee may consider whether any position that is currently designated as within the classified, unclassified or nonclassified service of the State should be redesignated; and be it further
Resolved, That any recommended legislation proposed by the committee must be approved by a majority of the members of the Senate and a majority of the members of the Assembly appointed to the committee; and be it further
Resolved, That the Legislative Commission shall submit a report of the results of the study and any recommendations for legislation to the Director of the Legislative Counsel Bureau for transmittal to the 80th Session of the Nevada Legislature; and be it further
Resolved, That the Secretary of the Senate prepare and transmit a copy of this resolution to the Governor, the Administrator of the Division of Human Resource Management of the Department of Administration and the Director of the Administrative Office of the Courts.
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κ2017 Statutes of Nevada, Page 4608κ
Assembly Joint Resolution No. 14Committee on Legislative Operations and Elections
FILE NUMBER 46
Assembly Joint RESOLUTION — Proposing to amend the Nevada Constitution to ensure access to affordable emergency medical care at reasonable rates to all persons in this State.
Legislative Counsels Digest:
Existing federal law requires hospitals to provide certain services to persons who go to a hospital or independent facility for emergency medical care or who have an emergency medical condition, regardless of the ability of the person to pay and regardless of whether the person has health insurance. (42 U.S.C. § 1395dd) Existing state law requires a hospital in this State to provide emergency services and care to patients, regardless of their financial status. Existing state law further makes it a crime for a hospital to: (1) refuse to treat a patient in need of emergency services and care; (2) transfer a patient to another hospital or health facility in certain circumstances; or (3) order testing of a patient to be performed at another hospital if the hospital from which the orders are issued is capable of providing the testing. (NRS 439B.410) Existing state law further requires certain major hospitals to reduce the total billed charges by at least 30 percent for hospital services provided to certain patients who do not have insurance or any other contractual agreement with a third party for the payment of the charges. (NRS 439B.260)
This resolution proposes to amend the Nevada Constitution to guarantee persons in this State who arrive at a hospital or independent facility for emergency medical care and who are seeking medically necessary emergency services are not denied the right to receive medical services needed as a result of the emergency, regardless of the ability of the patient to pay and regardless of whether the patient has insurance. In addition, this resolution provides persons in this State a right to receive such emergency medical services at a reasonable cost and, with certain exceptions, guarantees that a hospital or independent facility for emergency medical care will not charge for any treatment, service or medication or other product provided to a person who arrives at the hospital or facility as a result of an emergency more than 150 percent of the lowest rate that the hospital or facility has agreed to accept from a federal public insurer for the treatment, service, medication or other product received by the patient.
This resolution also provides that its provisions: (1) are self-executing; (2) may not be waived in any manner or altered or varied by agreement; and (3) may be enforced by the State or a political subdivision and may additionally be enforced by a civil action brought by a person who is denied any right protected by this resolution.
Finally, this resolution allows the Legislature by law to establish a different rate that may be charged for medically necessary emergency services if the Legislature establishes a commission to ensure that hospitals and independent facilities for emergency medical care provide medically necessary emergency services at a reasonable cost. However, if the Legislature does not establish a different rate by law, the state agency authorized by law to regulate the hospitals or facilities may allow a rate increase only if the hospital or facility proves that the increase is absolutely necessary to avoid a rate that is confiscatory under the United States Constitution. (U.S. Const. Amend. V, XIV) If the state agency allows such an increase, the amount of the increase must not exceed the amount that the hospital or facility proves is absolutely necessary to avoid an unconstitutional result. (Duquesne Light Co. v. Barasch, 488 U.S. 299, 307-08 (1989) (The guiding principle has been that the Constitution protects [private companies] from being limited to a charge for their property serving the public which is so unjust as to be confiscatory.); Guar. Natl Ins. Co. v. Gates, 916 F.2d 508, 512-16 (9th Cir. 1990); Reinkemeyer v. Safeco Ins. Co., 117 Nev. 44, 50-53 (2001))
κ2017 Statutes of Nevada, Page 4609 (FILE NUMBER 46, AJR 14)κ
If this resolution is passed by the 2017 Legislature, it must also be passed by the next Legislature and then approved and ratified by the voters in an election before the proposed amendments to the Nevada Constitution become effective.
EXPLANATION Matter in bolded italics is new; matter between
brackets [omitted material] is material to be
omitted.
Whereas, The charges for health care services rendered as a result of an emergency are often exorbitant; and
Whereas, Persons in the State of Nevada, some of whom are not indigent but do not have health insurance or are underinsured are often made to pay highly inflated prices for emergency medical care; and
Whereas, Such exorbitant pricing discourages persons from seeking necessary care and can be devastating financially to those who do seek such care; and
Whereas, It is of the utmost importance that all persons in this State have access to affordable health care services at reasonable rates when needed as a result of an emergency; and
Whereas, It is unconscionable for hospitals and independent facilities for emergency medical care to charge inflated and unreasonable rates for health care services provided as a result of an emergency to middle and lower income persons to subsidize the lower rates paid by public and private insurers; now, therefore, be it
Resolved by the Assembly and Senate of the State of Nevada, Jointly, That a new section, designated Section 17, be added to Article 15 of the Nevada Constitution to read as follows:
Sec. 17. 1. No hospital or independent facility for emergency medical care shall deny treatment or services to a person who arrives at the hospital or facility seeking medically necessary emergency services, regardless of whether the person has health insurance and regardless of the ability of the person to pay for such services.
2. All persons in this State have a right to receive medically necessary emergency services at a reasonable cost, and except as otherwise provided in subsection 3, no hospital or independent facility for emergency medical care shall charge for any treatment, service or medication or other product provided to a person who arrives at the hospital or facility seeking medically necessary emergency services, whether or not the person has insurance, an amount which is:
(a) Greater than 150 percent of the lowest rate which the hospital or facility has agreed to accept from a federal public insurer for the treatment, service or medication or other product; or
(b) If the Legislature provides by law for a different rate pursuant to subsection 5, greater than the rate provided by law.
3. If the Legislature has not provided by law for a different rate pursuant to subsection 5, the state agency authorized by law to regulate the hospital or independent facility for emergency medical care may allow the hospital or facility to increase the rate above the rate provided in paragraph (a) of subsection 2 only if the hospital or facility proves that the increase is absolutely necessary to avoid a rate that is confiscatory under the Constitution of the United States. If the state agency allows such an increase, the amount of the increase must not exceed the amount that the hospital or facility proves is absolutely necessary to avoid an unconstitutional result.
κ2017 Statutes of Nevada, Page 4610 (FILE NUMBER 46, AJR 14)κ
increase must not exceed the amount that the hospital or facility proves is absolutely necessary to avoid an unconstitutional result.
4. The provisions of subsections 1, 2 and 3:
(a) Are self-executing.
(b) May not be waived in any manner or altered or varied by agreement.
(c) May be enforced by:
(1) The State of Nevada or a political subdivision of the State of Nevada.
(2) A civil action brought by a person who is denied any right protected by those provisions.
5. The Legislature:
(a) Shall provide by law for the administration and enforcement of the provisions of this section.
(b) May provide by law for a different rate than the rate provided in paragraph (a) of subsection 2 if the Legislature establishes, by law, a commission to ensure that hospitals and independent facilities for emergency medical care provide medically necessary emergency services at a reasonable cost. If such a commission is established, the Legislature shall provide by law for:
(1) The appointment of the members of the commission; and
(2) The powers and duties of the commission consistent with the provisions of this section.
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Senate Joint Resolution No. 17 of the 78th SessionSenators Roberson, Harris, Farley; Hardy and Settelmeyer
FILE NUMBER 47
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)
κ2017 Statutes of Nevada, Page 4611 (FILE NUMBER 47, SJR 17 of the 78th Session)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.
κ2017 Statutes of Nevada, Page 4612 (FILE NUMBER 47, SJR 17 of the 78th Session)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.
κ2017 Statutes of Nevada, Page 4613 (FILE NUMBER 47, SJR 17 of the 78th Session)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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