[Rev. 12/20/2019 5:13:41 PM]
κ2019 Statutes of Nevada, Page 4513κ
RESOLUTIONS AND MEMORIALS
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Assembly Concurrent Resolution No. 1Committee on Legislative Operations and Elections
FILE NUMBER 1
ASSEMBLY CONCURRENT RESOLUTION — Adopting the Joint Standing Rules of the Senate and Assembly for the 80th 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 80th 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.
κ2019 Statutes of Nevada, Page 4514 (FILE NUMBER 1, ACR 1)κ
MESSAGES
Rule No. 2. Biennial Message of the Governor.
Upon motion, the biennial message of the Governor must be received and read and entered in full in the Journal of proceedings.
Rule No. 2.2. Other Messages From the Governor.
Whenever a message from the Governor is received, it shall be read and entered in full in the Journal of proceedings.
Rule No. 2.4. Proclamation by the Governor Convening Special Session.
Proclamations by the Governor convening the Legislature in special session must, by direction of the presiding officer of each House, be read immediately after the convening of the special session, and must be filed and entered in the Journal of proceedings.
Rule No. 2.6. Messages Between Houses.
Messages from the Senate to the Assembly shall be delivered by the Secretary or a person designated by the Secretary and messages from the Assembly to the Senate shall be delivered by the Chief Clerk or a person designated by the Chief Clerk.
NOTICE OF FINAL ACTION
Rule No. 3. Communications.
Each House shall communicate its final action on any bill or resolution, or matter in which the other may be interested, by written notice. 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.
κ2019 Statutes of Nevada, Page 4515 (FILE NUMBER 1, ACR 1)κ
2. A bill or resolution introduced by one or more Legislators elected to one House may, at the direction of the Legislator who brings the bill or resolution forward for introduction, set forth the names of one or more Legislators who are members elected to the other House and who wish to be primary joint sponsors or non-primary joint sponsors of the bill or resolution. Not more than five Legislators from each House may be set forth on the face of a bill or resolution as primary joint sponsors. The names of each primary joint sponsor and non-primary joint sponsor must be set forth on the face of the bill or resolution in the following order immediately below the date on which the bill or resolution is introduced:
(a) The name of each primary joint sponsor, in the order indicated on the colored back of the introductory copy of the bill or resolution; and
(b) The name of each non-primary joint sponsor, in alphabetical order.
3. The Legislative Counsel shall not cause to be printed the name of a standing committee as a joint sponsor on the face of a bill or resolution unless the chair of the committee has signed his or her name next to the name of the committee on the colored back of the introductory copy of the bill or resolution that was submitted to the front desk of the House of origin or the statement required by subsection 5. The Legislative Counsel shall not cause to be printed the name of a Legislator as a primary joint sponsor or non-primary joint sponsor on the face of a bill or resolution unless the Legislator has signed the colored back of the introductory copy of the bill or resolution that was submitted to the front desk of the House of origin or the statement required by subsection 5.
4. Upon introduction, any bill or resolution that sets forth the names of primary joint sponsors or non-primary joint sponsors, or both, must be numbered in the same numerical sequence as other bills and resolutions of the same House of origin are numbered.
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.
κ2019 Statutes of Nevada, Page 4516 (FILE NUMBER 1, ACR 1)κ
staff of the Legislative Counsel Bureau, the press and the general public on the Nevada Legislatures Internet website.
2. Each House may order the printing of bills introduced, reports of its own committees, and other matter pertaining to that House only; but no other printing may be ordered except by a concurrent resolution passed by both Houses. Each Senator is entitled to the free distribution of four copies of each bill introduced in each House, and each Assemblyman and Assemblywoman to such a distribution of two copies. Additional copies of such bills may be distributed at a charge to the person to whom they are addressed. The amount charged for distribution of the additional copies must be determined by the Director of the Legislative Counsel Bureau to approximate the cost of handling and postage for the entire session.
RESOLUTIONS
Rule No. 7. Types, Usage and Approval.
1. A joint resolution must be used to:
(a) Propose an amendment to the Nevada Constitution.
(b) Ratify a proposed amendment to the United States Constitution.
(c) Address the President of the United States, Congress, either House or any committee or member of Congress, any department or agency of the Federal Government, or any other state of the Union.
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.
κ2019 Statutes of Nevada, Page 4517 (FILE NUMBER 1, ACR 1)κ
ADJOURNMENT
Rule No. 9. Limitations and Calculation of Duration.
1. In calculating the permissible duration of an adjournment for 3 days or less, Sunday must not be counted.
2. The Legislature may adjourn for more than 3 days by motion based on mutual consent of the Houses or by concurrent resolution. One or more such adjournments, for a total of not more than 20 days during any regular session, may be taken to permit standing committees, select committees or the Legislative Counsel Bureau to prepare the matters respectively entrusted to them for the consideration of the Legislature as a whole.
Rule No. 9.5. Adjournment Sine Die.
1. The Legislature shall not take any action on a bill or resolution after midnight Pacific time at the end of the 120th consecutive calendar day of session, inclusive of the day on which the session commences. Any legislative action taken after midnight Pacific time at the end of the 120th consecutive calendar day of session is void, unless the legislative action is conducted during a special session.
2. A Legislator shall not take any action to impede the progress of the Legislature in completing its business by the time specified in subsection 1.
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:
κ2019 Statutes of Nevada, Page 4518 (FILE NUMBER 1, ACR 1)κ
(a) One, if such membership is less than one-fifth of the total number elected to that House.
(b) Two, if such membership is at least one-fifth but not more than one-third of the total number elected to that House.
Κ If the members of the minority party in the Senate or in the Assembly comprise more than one-third of the total number elected to that House, minority party membership for that House on the Commission must be three, being equal to the membership of the majority party.
2. Each House shall select one or more alternate members for each member from that House, designating them according to party or according to the individual member whom the alternate would replace.
3. A vacancy in the regular Senate or Assembly membership created by death or by resignation or by the Legislators ceasing to be a member of the Legislature shall be filled by the proper alternate member as designated by that House. If there is no proper alternate member, the Legislative Commission shall fill the vacancy by appointing a Senator or Assemblyman or Assemblywoman of the same party.
4. If for any reason a member is or will be absent from a meeting and there are no alternates available, the Chair of the Commission may appoint a member of the same House and political party to attend the meeting as an alternate.
5. The members shall serve until their successors are appointed by resolution as provided in NRS 218E.150, except that the membership of any member who does not become a candidate for reelection or who is defeated for reelection shall terminate on the day next after the election and the vacancy shall be filled as provided in this Rule.
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 Research Library 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.
κ2019 Statutes of Nevada, Page 4519 (FILE NUMBER 1, ACR 1)κ
REAPPORTIONMENT AND REDISTRICTING
Rule No. 13. Reserved.
Rule No. 13.1. Reserved.
Rule No. 13.2. Reserved.
Rule No. 13.3. Reserved.
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 Rule No. 13.4.
κ2019 Statutes of Nevada, Page 4520 (FILE NUMBER 1, ACR 1)κ
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.
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.
κ2019 Statutes of Nevada, Page 4521 (FILE NUMBER 1, ACR 1)κ
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.
κ2019 Statutes of Nevada, Page 4522 (FILE NUMBER 1, 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 15th 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.
κ2019 Statutes of Nevada, Page 4523 (FILE NUMBER 1, 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.
2. A waiver granted pursuant to subsection 1:
(a) Must be in writing, executed on a form provided by the Legislative Counsel, and signed by the Majority Leader and the Speaker.
(b) Must indicate the date on which the waiver is granted.
(c) Must indicate the Legislator or committee on whose behalf the waiver is being granted.
κ2019 Statutes of Nevada, Page 4524 (FILE NUMBER 1, ACR 1)κ
(d) Must include the bill number for which the waiver is granted or indicate that the Legislative Counsel is authorized to accept and honor a request for a new bill or resolution.
(e) Must indicate the provisions to which the waiver applies.
(f) May include the conditions under which the bill for which the waiver is being granted must be introduced and processed.
3. The Legislative Counsel shall not honor a request for the drafting of a new bill or resolution for which a waiver is granted pursuant to this Rule unless information which is sufficient in detail to allow for complete drafting of the bill or resolution is submitted to the Legislative Counsel within 2 calendar days after the date on which the waiver is granted.
4. Upon the receipt of a written waiver granted pursuant to this Rule, the Legislative Counsel shall transmit a copy of the waiver to the Secretary of the Senate and the Chief Clerk of the Assembly. The notice that a waiver has been granted for an existing bill must be read on the floor and entered in the Journal, and a notation that the waiver was granted must be included as a part of the history of the bill on the next practicable legislative day. A notation that a waiver was granted authorizing a new bill or resolution must be included as a part of the history of the bill or resolution after introduction.
5. The Legislative Counsel shall secure the original copy of the waiver to the official cover of the bill or resolution.
Rule No. 14.6. Exemptions.
1. Upon request of the draft by or referral to the Senate 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. A bill that has become exempt does not lose the exemption regardless of subsequent actions taken by the Legislature.
κ2019 Statutes of Nevada, Page 4525 (FILE NUMBER 1, ACR 1)κ
3. A cumulative list of all bills determined by the Fiscal Analysis Division pursuant to subsection 1 to be exempt or eligible for exemption after being printed must be maintained and printed in the back of the list of requests for the preparation of legislative measures prepared pursuant to NRS 218D.130.
4. The provisions of 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.
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 89th calendar day of the regular session.
CRITERIA FOR REVIEWING BILLS THAT REQUIRE POLICIES OF HEALTH INSURANCE TO PROVIDE COVERAGE FOR CERTAIN TREATMENT OR SERVICES
Rule No. 18. Topics of Consideration.
Any standing committee of the Senate or Assembly to which a bill is referred requiring a policy of health insurance delivered or issued for delivery in this State to provide coverage for any treatment or service shall review the bill giving consideration to:
κ2019 Statutes of Nevada, Page 4526 (FILE NUMBER 1, ACR 1)κ
1. The level of public demand for the treatment or service for which coverage is required and the extent to which such coverage is needed in this State;
2. The extent to which coverage for the treatment or service is currently available;
3. The extent to which the required coverage may increase or decrease the cost of the treatment or service;
4. The effect the required coverage will have on the cost of obtaining policies of health insurance in this State;
5. The effect the required coverage will have on the cost of health care provided in this State; and
6. Such other considerations as are necessary to determine the fiscal and social impact of requiring coverage for the treatment or service.
INTERIM 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.
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
κ2019 Statutes of Nevada, Page 4527 (FILE NUMBER 1, ACR 1)κ
(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.
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;
(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. Unless the Legislative Counsel is the subject of the complaint, the Legislative Counsel must be informed upon receipt of a complaint.
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.
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.
κ2019 Statutes of Nevada, Page 4528 (FILE NUMBER 1, ACR 1)κ
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.
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.
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.
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 private right of action or enforceable legal rights in any person.
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;
(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. Unless the Legislative Counsel is the subject of the complaint, the Legislative Counsel must be informed upon receipt of a complaint.
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.
κ2019 Statutes of Nevada, Page 4529 (FILE NUMBER 1, ACR 1)κ
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 private right of action or 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.
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:
κ2019 Statutes of Nevada, Page 4530 (FILE NUMBER 1, ACR 1)κ
(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 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.
4. The Legislative Code of Ethical Standards does not create any private right of action or enforceable legal rights in any person.
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.
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 rules.
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.
κ2019 Statutes of Nevada, Page 4531 (FILE NUMBER 1, ACR 1)κ
Rule No. 34. Lobbying Client Defined.
1. Lobbying client means a person who employs, retains, contracts for or otherwise uses or engages the services of a lobbyist to represent the interests of the person to one or more 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;
(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.
κ2019 Statutes of Nevada, Page 4532 (FILE NUMBER 1, ACR 1)κ
3. Each Legislator, member of legislative staff or lobbyist shall not engage in or attempt, offer, or agree to engage in, or 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.
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 by or 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))
κ2019 Statutes of Nevada, Page 4533 (FILE NUMBER 1, ACR 1)κ
(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)
(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))
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.
CONTINUATION OF RULES
Rule No. 40. Continuation of Joint Standing Rules During the Interim Between Regular Sessions.
The Joint Standing Rules set forth herein shall remain 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 rule adopted by the Senate and Assembly for a special session occurring between regular sessions.
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κ2019 Statutes of Nevada, Page 4534κ
Assembly Concurrent Resolution No. 2Committee on Legislative Operations and Elections
FILE NUMBER 2
ASSEMBLY Concurrent RESOLUTION — Authorizing additional reimbursement for travel in certain circumstances.
Resolved by the Assembly of the State of Nevada, the Senate Concurring, That to offset the increased cost of flights, a legislator may apply for reimbursement for travel of 50 miles or more between the legislators home and Carson City, Nevada, to serve during the 80th (2019) Session of the Nevada Legislature by submitting a claim for the reimbursement of any amount the legislator is required to pay for such travel which exceeds the amount authorized to be provided pursuant to NRS 218A.645, up to a maximum amount of $5,000 per legislator; and be it further
Resolved, That the amount of any such claim that is approved be verified, processed and paid in the same manner as claims pursuant to NRS 218A.645.
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Assembly Resolution No. 1Committee on Legislative Operations and Elections
FILE NUMBER 3
ASSEMBLY RESOLUTION — Adopting the Standing Rules of the Assembly for the 80th Session of the Legislature.
Resolved by the Assembly of the State of Nevada, That the Assembly Standing Rules are hereby adopted for the 80th Session of the Legislature as follows:
I. OFFICERS AND EMPLOYEES
Duties of Officers
Rule No. 1. Speaker of the Assembly.
1. All officers of the Assembly are subordinate to the Speaker in all that relates to the prompt, efficient and correct discharge of their official duties under the Speakers supervision.
2. Possessing the powers and performing the duties described in this Rule, the Speaker shall:
(a) Take the chair at the hour to which the Assembly stands adjourned, call the members to order, and upon the appearance of a quorum, proceed to business.
(b) In the event an emergency occurs during a regular or special session of the Legislature which requires a meeting of the Assembly, call the members back to order before the hour to which the Assembly had adjourned.
κ2019 Statutes of Nevada, Page 4535 (FILE NUMBER 3, AR 1)κ
(c) Preserve order and decorum and have general direction of the Chamber of the Assembly and the approaches thereto. In the event of any disturbance or disorderly conduct therein, order the same to be cleared.
(d) Decide all questions of order, subject to a members right to appeal to the Assembly. On appeal from such decisions, the Speaker has the right, in the Speakers place, to assign the reason for the decision.
(e) Have the right to name any member to perform the duties of the Chair, but such substitution must not extend beyond one legislative day.
(f) Have the power to accredit the persons who act as representatives of the news media and assign them seats.
(g) Sign all bills and resolutions passed by the Legislature as provided by law.
(h) Sign all subpoenas issued by the Assembly.
(i) Receive all messages and communications from other departments of the government and announce them to the Assembly.
(j) Represent the Assembly, declare its will and in all things obey its commands.
(k) Vote on final passage of a bill or resolution, but the Speaker shall not be required to vote in ordinary legislative proceedings except where the Speakers vote would be decisive. In all yea and nay votes, the Speakers name must be called last.
(l) Appoint committees during the interim between regular sessions of the Legislature for any proper purpose, including, without limitation, taking testimony, compelling the attendance of witnesses, punishing persons or entities for contempt and reporting findings to the next session of the Legislature.
3. If a vacancy occurs in the office of Speaker, through death, resignation or disability of the Speaker, the Speaker Pro Tempore shall temporarily and for the period of vacancy or disability conduct the necessary business of the Assembly.
4. If a permanent vacancy occurs in the office of Speaker, the Assembly shall select a new Speaker.
5. This Rule shall remain in full force and effect throughout the interim between regular sessions of the Legislature and until new Standing Rules of the Assembly are adopted as part of the organization of a newly-constituted Assembly at the commencement of a session.
Rule No. 2. Continuation of Leadership 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.
κ2019 Statutes of Nevada, Page 4536 (FILE NUMBER 3, AR 1)κ
Leader for the next succeeding regular session shall appoint the regular and alternate members to the Select Committee on Ethics as set forth in Assembly Standing Rule No. 23.
4. The Assemblyman or Assemblywoman designated to be the Speaker for the next succeeding regular session shall:
(a) Determine the start time of the Assemblys organizational session.
(b) Have the right to name any person to call the Assembly to order and preside over the Assemblys organizational session until a presiding officer is elected.
(c) Refer prefiled bills and resolutions to committee, subject to ratification by a majority vote of the members of the Assembly once the Assembly is organized and ready for business.
5. 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.
7. The Chief Clerk shall have custody of all bills, resolutions, petitions, papers and other documents, including, without limitation, matters referred to the committees of the Assembly.
Rule No. 4. Reserved.
Rule No. 5. Reserved.
Rule No. 6. Reserved.
The next rule is 10.
II. SESSIONS AND MEETINGS
Rule No. 10. Time of Meeting.
The Assembly shall meet each day at 11:30 a.m., unless the Assembly adjourns to some other hour.
κ2019 Statutes of Nevada, Page 4537 (FILE NUMBER 3, AR 1)κ
Rule No. 11. Open Meetings.
All meetings of the Assembly and its committees must be open to the public.
Rule No. 12. 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. 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)
κ2019 Statutes of Nevada, Page 4538 (FILE NUMBER 3, AR 1)κ
(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
(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.
κ2019 Statutes of Nevada, Page 4539 (FILE NUMBER 3, AR 1)κ
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, including, without limitation, alleged breaches of the Legislative Code of Ethical Standards in the Joint Standing Rules.
8. All proceedings held by the Committee to consider the character, alleged misconduct, professional competence or physical or mental health of any person on matters of ethics or conflicts of interest and all materials related to those proceedings are confidential, unless the person who is the subject of the proceedings requests a public hearing or discloses the content of the proceedings or materials.
9. An individual may file a complaint which alleges a breach of ethics or a conflict of interest, including, without limitation, an alleged breach of the Legislative Code of Ethical Standards in the Joint Standing Rules. If the alleged breach of ethics or conflict of interest involves the conduct of more than one person, separate complaints must be filed regarding each person. A complaint must be:
(a) Made in writing on a form provided by the Legislative Counsel;
(b) Signed and verified under penalty of perjury by the individual making the allegation; and
(c) Filed with the Legislative Counsel who shall review the complaint and any other relevant information and consult with the Chair of the Committee or, if the Chair is the subject of the complaint, with the Vice Chair, to evaluate whether the Committee has jurisdiction and whether an investigation is warranted in the matter.
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Chair, to evaluate whether the Committee has jurisdiction and whether an investigation is warranted in the matter. If it is determined that the Committee:
(1) Does not have jurisdiction or that an investigation is not warranted in the matter, the Legislative Counsel shall send written notice of the determination to the individual who filed the complaint.
(2) Has jurisdiction and an investigation is warranted in the matter, the Legislative Counsel shall send written notice of the determination and a copy of the complaint to the person who is the subject of the complaint.
10. Each Legislator is subject, at all times, to the Legislative Code of Ethical Standards in the Joint Standing Rules and, in addition, must determine whether he or she has a conflict of interest upon any matter in question before the Legislator. In determining whether the Legislator has such 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.
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14. The provisions of this Rule do not under any circumstances and regardless of any conflict of interest:
(a) Prohibit a Legislator from requesting or introducing a legislative measure; or
(b) Require a Legislator to take any particular action before or while requesting or introducing a legislative measure.
15. If a Legislator who is a member of a committee declares on the record when a vote is to be taken by the committee that he or she will abstain from voting because of the requirements of this Rule, the necessary quorum to act upon and the number of votes necessary to act upon the matter is reduced as though the Legislator abstaining were not a member of the committee.
16. The standards and procedures set forth in this Rule which govern whether and to what extent a member of the Assembly has a conflict of interest, should disclose a conflict of interest or should abstain from voting upon, advocating or opposing a matter concerning which the member has a conflict of interest pursuant to subsection 10:
(a) Are exclusive and are the only standards and procedures that apply to members of the Assembly with regard to such matters; and
(b) Supersede and preempt all other standards and procedures with regard to such matters,
Κ except that this subsection does not exempt any members of the Assembly from the Legislative Code of Ethical Standards in the Joint Standing Rules.
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:
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(a) Has been certified by the Committee on Legislative Operations and Elections or a special committee of the Assembly; and
(b) Is physically present within the Assembly Chambers,
Κ may cast a vote in the Assembly.
8. A member shall not vote for another member on any roll call, either electronic or oral. Any member who votes for another member may be punished in any manner deemed appropriate by the Assembly.
Rule No. 31. Requirement of Voting.
1. A member shall vote on all questions that come before the body unless the member:
(a) Is excused; or
(b) Makes a full and complete disclosure of a conflict pursuant to Assembly Standing Rule No. 23.
2. A member found guilty by the House of a breach of this Rule shall not vote or speak on the floor, except to explain and apologize for the breach, until the member has made satisfaction to the House for the breach.
Rule No. 32. Announcement of the Vote.
1. A member may change his or her vote at any time before the announcement of the vote if the voting is by voice, or at any time before the votes are electronically recorded if the voting is conducted electronically.
2. The announcement of the result of any vote shall not be postponed.
Rule No. 33. Voting by Division.
Upon a division and count of the Assembly on any question, no person without the bar shall be counted.
The next rule is 40.
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. Taxation.
4. Education.
5. Legislative Operations and Elections.
6. Natural Resources, Agriculture, and Mining.
7. Growth and Infrastructure.
8. Commerce and Labor.
9. Health and Human Services.
10. Government Affairs.
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Rule No. 41. Appointment of Committees.
1. Except as otherwise provided in Assembly Standing Rule No. 23, all committees must be appointed by the Speaker, unless otherwise directed by the Assembly. The Speaker shall designate the chair and vice chair of each committee.
2. To facilitate the full participation of the members during an adjournment called pursuant to Joint Standing Rule No. 9 of the Senate and Assembly, the Speaker may temporarily appoint a member to a committee that is scheduled to meet during the adjournment if none of the committees to which the member is regularly assigned will be meeting during the adjournment.
3. Except as otherwise provided in Assembly Standing Rule No. 45, all committees will operate under the rules set forth herein and other uniform committee rules as determined by the Speaker and published on the Nevada Legislatures Internet website. Each committee may adopt and file with the Chief Clerks Office policies consistent with these rules.
Rule No. 41.5. Appointment of Alternates.
If the chair or any member of a committee is temporarily unable to perform his or her duties, the Speaker shall appoint an alternate of the same political party to serve in the chairs or the members place for such time as is determined by the Speaker.
Rule No. 42. Subcommittees.
1. Subcommittees made up of committee members may be appointed by the chair to consider and report back on specific subjects or bills.
2. Subcommittee meetings will be scheduled by the subcommittee chair after consulting with the committee chair.
3. Members of a subcommittee are required to attend meetings of the subcommittee.
4. Subcommittees of standing committees shall follow the same rules as standing committees.
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.
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Rule No. 45. Committee of the Whole.
If a Committee of the Whole is convened:
1. The Speaker shall preside as Chair of the Committee or name a Chair to preside.
2. A member of the Committee may speak not more than twice during the consideration of any one question, on the same day, and at the same stage of proceedings, without leave. Members who have once spoken shall not again be entitled to the floor (except for explanation) to the exclusion of others who have not spoken.
3. The Chair may require any vote of the Committee to be recorded in the manner designated by the Chair.
4. All amendments proposed by the Committee:
(a) Must first be approved by the Committee.
(b) Must be reported by the Chair to the Assembly.
5. Insofar as they are applicable and not in conflict with this Rule, a Committee of the Whole will observe the committee rules set forth in Section V(A) of the Assembly Standing Rules and such other uniform committee rules as determined by the Speaker and published on the Nevada Legislatures Internet website.
6. A quorum of the Committee of the Whole is the same as a quorum of the House, and in case a quorum is not present or other defect is observed, the Committee can take no other action than to rise.
7. It is permissible on motion to limit debate to a certain length of time, to close at a time certain, to limit the length of speeches, or to otherwise limit debate.
8. When a fixed duration is established for a Committee of the Whole, the time may be extended with consent of a majority of the members.
9. A motion for the previous question is not in order.
10. A Committee of the Whole cannot:
(a) Entertain any question of priority.
(b) Entertain any matter of privilege.
(c) Lay a question on the desk.
(d) Postpone consideration of any question.
(e) Reconsider a vote on a proposal no longer in possession of the Committee.
(f) Appoint a subcommittee.
(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.
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that any irregularities shown were of such a nature as to establish that the result of the election was changed thereby.
2. The contest must be submitted so far as may be possible upon depositions or by written or oral arguments as the Assembly may order. Any party to a contest may take the deposition of any witness at any time after the statement of contest is filed with the Secretary of State and before the contest is finally decided. At least 3 days notice must be given to the prospective deponent and to the other party. If oral statements are made at any hearing before the Assembly or a committee thereof which purport to establish matters of fact, they must be made under oath. Strict rules of evidence do not apply.
3. The committee shall, not later than 5 calendar days after the contest was referred to the committee, report to the Assembly its findings on whether the contestant has met the burden of proving that any irregularities shown were of such a nature as to establish that the result of the election was changed thereby. The committee shall then report to the Assembly its recommendation on which person should be declared elected or report that it has no recommendation. The Assembly shall, as soon as practicable thereafter but not later than 7 calendar days after the Speaker received the statement of contest, vote whether to accept or reject the committees recommendation without amendment, if a recommendation is made. If the recommendation is accepted, the Speaker shall declare the recommended person elected. If the recommendation is rejected or the committee did not make a recommendation, the Assembly shall consider immediately which person should be declared elected. The Speaker shall not adjourn the Assembly until it has declared a person to be elected.
4. If a person other than the person initially seated as a member of the Assembly pursuant to subsection 2 of NRS 293.427 is declared to be elected by the Assembly as a result of the contest, the Speaker shall inform the Governor of the identity of the person declared to be elected by the Assembly.
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;
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(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; and
(o) Inform the Speaker of committee activity.
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.
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said committees for the purpose of holding public hearings or considering any proposed or pending legislation. Upon conclusion of the joint meeting of said committees, each standing committee of the Assembly may take such action as it determines appropriate. Whenever the committees of the Assembly and Senate hold joint hearings or meetings, the chair of the Assembly committee shall coordinate with the chair of the Senate committee to determine which of them shall preside at the joint meeting.
3. When a joint meeting is chaired by a Senator, the practices of the Senate that are inconsistent with those of the Assembly do not create a precedent for the same practice in the Assembly.
Rule No. 51. Committee Records.
1. The chair of each committee shall 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
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(c) Meetings of the Committee of the Whole.
D. Committee Hearings
Rule No. 53. Communications.
1. Out of respect for the privacy of committee members and staff, members are requested to hold conversations with lobbyists and members of the public at a location other than at the dais.
2. At the direction of the Chair, lobbyists, the press, and members of the public are not allowed at the dais.
3. All directions, assignments, or requests on behalf of the committee must be communicated to its staff and to the personnel of the Legislative Counsel Bureau by the chair of the committee. A member of the committee must submit such requests to the chair for transmittal to the staff of the committee or to the personnel of the Legislative Counsel Bureau.
4. The chair may report instances of misconduct or indecorum by any committee member or other person to the Assembly for its consideration and action.
Rule No. 54. Testimony, Witnesses and Exhibits.
1. All persons wishing to offer testimony to a committee shall be given a reasonable opportunity to do so as determined by the chair.
2. In addressing the committee, a person must state for the record whether he or she supports, opposes or is neutral to the bill or resolution before the committee. For purposes of legislative intent:
(a) Support of a bill or resolution shall be construed as:
(1) Approval of the measure as written; or
(2) Approval of the measure as written along with proposed amendments that have been approved by the sponsor of the measure.
(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;
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(b) Must include the name and contact information of the person providing the handouts;
(c) For proposed amendments, must include a brief statement of intent; and
(d) Must be submitted by electronic mail or other electronic means.
Rule No. 55. Hearings.
1. The presence of a quorum of the committee is desirable but not required to conduct a public hearing. At the discretion of the chair, members of the committee may attend, participate in and, if applicable, vote during the hearing via simultaneous telephone or video conference.
2. Public hearings are opened by the chair who announces the subject under consideration and provides an opportunity for persons wishing to address the committee to be heard. These persons shall rise in an order determined by the chair, address the chair and furnish their names, addresses and firms or other organizations represented.
3. Committee members may address the chair for permission to question the witness.
4. A committee meeting shall adjourn not later than 10 minutes preceding the hour of its next regularly scheduled meeting.
5. At the discretion of the chair, a meeting may be held outside the regularly scheduled day(s) and time.
6. Meetings of the committee may be scheduled outside the Legislative Building in Carson City with prior written approval of the Speaker. Subcommittees must have the prior written approval of the chair of the committee and the Speaker in 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:
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(a) Is excused; or
(b) Makes a full and complete disclosure of a conflict pursuant to Assembly Standing Rule No. 23.
6. A majority of the entire committee is required to reconsider action on a bill or resolution.
7. Committee introduction of legislative measures which are not prefiled requires concurrence of a majority of the entire committee and does not imply commitment to support final passage.
8. Absent the consent of the chair and the approval of the Speaker, the chair must be present when the committee votes to take any final action regarding bills or resolutions.
9. No member of the committee may vote by proxy under any circumstances.
10. A committee shall not take a vote on the question of whether to exercise its statutory authority to issue a legislative subpoena unless the chair or other person approved by the Speaker has informed the Speaker of the intention of the committee to consider such a question.
11. Every committee vote on a matter pertaining to a bill or resolution must be recorded. The vote may be taken by roll call at the discretion of the chair.
12. A member may change his or her vote at any time before the announcement of the vote if the voting is by voice. The announcement of the result of any vote shall not be postponed.
13. Unless a committee member advises the chair otherwise, it will be presumed that the member will vote on an amendment or on a measure, during a floor session, consistent with his or her vote in the committee.
14. A bill, resolution, or amendment in a committee having been rejected twice may not be brought up again during the same legislative session.
15. The minority of a committee may not make a report or present to the House an alternative report.
F. Parliamentary Authority
Rule No. 58. Precedence of Parliamentary Authority for Committees.
The precedence of parliamentary authority for the purpose of actions in a committee is set forth in Assembly Standing Rule No. 100.
G. Decorum and Debate in Committees
Rule No. 59. Portable Electronic Communication Devices.
1. A person who is within an Assembly committee room shall not engage in a telephone conversation via the use of a portable telephone.
2. No person shall engage in any conduct during a committee meeting which undermines the decorum of the meeting. Before entering an Assembly committee room, any person who possesses a portable electronic communication device, such as a pager or telephone, that emits an audible alert, such as a ringing or beeping sound, to signal an incoming message or call, shall turn the audible alert off. A device that contains a nonaudible alert, such as a silent vibration, may be operated in a nonaudible manner within an Assembly committee room. 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.
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by the chair may result in the device(s) being confiscated upon direction of the chair for the remainder of the meeting.
Rule No. 60. Reserved.
Rule No. 61. Privilege of Closing Debate.
The author of a bill, a resolution or a main question shall have the privilege of closing the debate, unless the previous question has been sustained.
Rule No. 62. Points of Order.
If any member, in speaking or otherwise, transgresses the rules of the Assembly, the chair shall, or any member may, call to order, in which case the member so called to order shall immediately yield to the floor, unless permitted to explain; and if called to order by a member, such member shall immediately state the point of order. If the point of order be sustained by the presiding officer, the member shall not be allowed to proceed; but if it be not sustained, then the member shall be permitted to go on. Every such decision from the presiding officer shall be subject to an appeal to the committee; but no discussion of the question of order shall be allowed unless an appeal be taken from the decision of the presiding officer.
Rule No. 63. Reserved.
VI. RULES GOVERNING MOTIONS
Rule No. 64. Entertaining.
No motion may be debated until it is distinctly announced by the presiding officer. The presiding officer, upon his or her own motion or at the request of a member, may direct that the motion be reduced to writing and be read by the Chief Clerk before the motion is debated. A motion may be withdrawn by the maker at any time before amendment or before the motion is put to vote.
Particular Motions
Rule No. 65. Indefinite Postponement.
When a question is postponed indefinitely, the same question must not be considered again during the session and the question is not subject to a motion for reconsideration.
Rule No. 66. To Strike Enacting Clause.
A motion to strike out the enacting clause of a bill or resolution does not take precedence over any other subsidiary motion. If the motion is carried, it shall be considered equivalent to the rejection of such bill or resolution.
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.
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neither amendment nor a motion to strike out and insert. A motion to strike out and insert shall be deemed indivisible.
Rule No. 68. Reserved.
The next rule is 80.
VII. DEBATE
Rule No. 80. Speaking on Question.
1. No member shall speak more than twice during the consideration of any one question, on the same day, and at the same stage of proceedings, without leave. Members who have once spoken shall not again be entitled to the floor (except for explanation) to the exclusion of others who have not spoken.
2. When a member speaks under Order of Business 11, 12, 13 or 14 of Assembly Standing Rule No. 120, the member must limit his or her remarks to an explanation of the issue or an explanation of the bill, resolution or amendment. If the member desires to speak on the importance of such issue, bill, resolution or amendment, the member must request permission to speak under Order of Business 15 of Assembly Standing Rule No. 120.
Rule No. 81. Previous Question.
The previous question shall be put only when demanded by three members and sustained by a majority vote of the members present. 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.
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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.
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.
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2. The Standing Rules of the Assembly and the Joint Standing Rules of the Senate and Assembly.
3. Custom, usage and precedence.
4. The Statutes of the State of Nevada.
5. Masons Manual of Legislative Procedure.
Rule No. 101. Reserved.
Rule No. 102. Privileged Questions.
Privileged questions have precedence over all others in the following order:
1. Motions to fix the time to which the Assembly shall adjourn.
2. Motions to adjourn.
3. Questions relating to the rights and privileges of the Assembly or any of its members.
4. A call of the House.
5. Motions for special orders.
Rule No. 103. Reserved.
B. Bills
Rule No. 104. Reserved.
Rule No. 105. Reserved.
Rule No. 106. Skeleton Bills.
The introduction of skeleton bills is authorized when, in the opinion of the sponsor and the Legislative Counsel, the full drafting of the bill would entail extensive research or be of considerable length. 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.
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Rule No. 110. Second Reading and Amendment of Bills.
1. All bills must be read the second time on the first legislative day after which they are reported by committee, unless a different day is designated by motion. Upon second reading, Assembly bills reported without amendments shall be placed on the General File and Senate bills reported without amendments shall be placed on the General File. Committee amendments reported with bills shall be considered upon their second reading or third reading, as appropriate, and such amendments may be adopted by a majority vote of the members present. Any amendment which is numbered and made available to all members must be moved and voted upon by number. Assembly bills so amended must be reprinted, then engrossed or reengrossed, as applicable, and placed on the General File. Senate bills so amended must be reprinted, then engrossed or reengrossed, as applicable, and placed on the General File.
2. Any member may move to amend a bill during its second or third reading, and such a motion to amend may be adopted by a majority vote of the members present. Bills so amended on second reading must be treated the same as bills with committee amendments. Any bill so amended upon the General File must be reprinted and then engrossed or reengrossed, as applicable. A member who moves to amend a bill during its second reading must limit his or her remarks to an explanation of the amendment. If the member desires to speak on the importance of the amendment, the member must request permission to speak under Order of Business 15 of Assembly Standing Rule No. 120.
3. The reprinting of amended bills may be dispensed with upon a majority vote of the members present.
4. It shall not be in order to consider an amendment that removes all sponsors of a bill or resolution.
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.
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Rule No. 112. Reserved.
Rule No. 113. General File.
1. All bills and joint resolutions reported to the Assembly, by the Committee of the Whole, a standing committee, a conference committee or a special committee, after receiving their second readings must be placed upon the General File, to be kept by the Chief Clerk. The Chief Clerk shall post a daily statement of the bills on the General File. The Chief Clerk shall likewise post notices of special orders as made.
2. A member who moves to amend a bill or joint resolution during its third reading must limit his or her remarks to an explanation of the amendment. If the member desires to speak on the importance of the amendment, the member must request permission to speak under Order of Business 15 of Assembly Standing Rule No. 120.
3. A member who speaks on third reading regarding the final passage of a bill, joint resolution or initiative petition must limit his or her remarks to an explanation of the bill, joint resolution or initiative petition. If the member desires to speak on the importance of the bill, joint resolution or initiative petition, the member must request permission to speak under Order of Business 15 of Assembly Standing Rule No. 120.
Rule No. 114. Reserved.
Rule No. 115. Reconsideration of Vote on Bill.
1. A motion to reconsider a final vote on a bill or resolution shall be in order only on the day on which the final vote is taken, and the vote on such a motion to reconsider must be taken on the same day. The motion to reconsider can be made only by a member who voted with the prevailing side.
2. A motion to reconsider a vote on an amendment to a pending question must be made at once and can be made only by a member who voted with the prevailing side.
3. A motion to reconsider shall have precedence over every other motion, including a motion to adjourn, if the motion is to reconsider a final vote on a bill or resolution. If the motion to reconsider is for any other action, the motion has precedence over every other motion, except a motion to adjourn or to fix the time to adjourn; and when the Assembly adjourns while a motion to reconsider is pending, the right to move a reconsideration shall continue to the next day of sitting.
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.
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be referred to any committee, or otherwise acted upon save as provided by law and custom. It shall not be in order, at any time, to vote upon such a vetoed bill unless the same shall first have been read, from the first word of its title to and including the last word of its final section. The message or statement containing the objections of the Governor to the bill must be entered in the Journal of the Assembly.
Rule No. 117. Reserved.
C. Resolutions
Rule No. 118. Treated as Bills — Joint Resolutions.
The procedure of enacting joint resolutions must be identical to that of enacting bills, except that:
1. Joint resolutions, upon enrollment, must be delivered to the Secretary of State; and
2. Joint resolutions proposing amendments to the Constitution must be entered in the Journal in their entirety.
Rule No. 119. Return from the Secretary of State.
An Assembly resolution may be used to request the return from the Secretary of State of an enrolled Assembly resolution for further consideration.
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 3 minutes.
Rule No. 121. Reserved.
Rule No. 122. Reserved.
Rule No. 123. Reserved.
Rule No. 124. Reserved.
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Rule No. 125. Reserved.
Rule No. 126. Reserved.
Rule No. 127. Reserved.
Rule No. 128. Reserved.
The next rule is 140.
IX. LEGISLATIVE INVESTIGATIONS AND MISCELLANEOUS
Rule No. 140. Compensation of Witnesses.
Witnesses summoned to appear before the Assembly or any of its committees must be compensated as provided by law for witnesses required to attend in the courts of the State of Nevada.
Rule No. 141. Use of the Assembly Chamber.
The Assembly Chamber shall not be used for any public or private business other than legislative, except by permission of the Assembly.
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 4
Assembly RESOLUTION — Providing for the appointment of the Assembly attaches.
Resolved by the Assembly of the State of Nevada, That the following persons are elected as attaches of the Assembly for the 80th Session of the Legislature of the State of Nevada: Carol Aiello-Sala, Cindy Benjamin, Jason Hataway, Christie Peters, Michele Burke, Susan Hoffman, Sylvia Brown, Robin Bates, Mary Matheus, Michael Chapman, Judy Doherty, Robert Guernsey, Sherri Jain, Joseph Pollock, Nicole Madden, Kelley Perkins, Brianna Meza, Kristen L. Kolbe, Sylvia Dominguez-Curry, Claudette Thompson, Jasmine Shackley, Jan Wolfley, Chelsey Wininger, Ellen deChristopher, David Ziegler, Ashley Garza, Linda Corbett, Brandon Salyers, James Zygadlo, Patrina McKinney, Sara Dombrowski, Dennis Roy Jr., Brennan Maragh, Patricia Demsky, Omar De La Rosa, Jennifer Baker, Barbara Eiche, Betty Jo Vonderheide, Janet Stokes, Vickie Roberts, Frank Perez, Christopher Roske, Dylan Keith, Mary Lee, Judith Bishop, Linda Fitzgerald, Bonnie Borda Hoffecker, Barbara Taylor, Christian Thauer, Sheri Silva, Anne Bowen, Nancy Morris, Carmen Neveau, Janice Wright, Lisa McAlister, Ted Zuend, Brian Burke, Catherine Bodenstein, Nancy Davis, Traci Dory, Karen Easton, Lucas Glanzmann, Gina Hall, Theresa Horgan, Katelyn Malone, Sharon McCallen, Lori McCleary, Earlene Miller, Mark Peckham, Connie Jo Smith, Geigy Stringer, Joan Waldock, Karyn Werner, Linda Whimple, Cheryl Williams, Melissa Chanselle-Hary, Anthony Daniel, Tracy Davis, Matthew Fonken, Charlene Frost, Laureen Garcia, Naomi Gebremariam, Carlos Hernandez, Tony Hickman II, Dakota Hoskins, Latoya Kent, April Lalone, Linda Law, Janet Lazarus, Jenny Lehner, Gil Lopez, Lauren Morris, Cindy Olivieri, Kelly Osborne, Deborah Paul, Antonio Ramirez, Thelma Reindollar, Sheree Rosevear, Andrew Ryan, Christina Salerno, Noah Teixeira, Dulce Valencia, Laurel Wilson, Roberto Lusanta Jr., Alessandra Figueroa, Shiloh Reading, Olivia Lloyd, Melissa Loomis, Alejandra Medina, Trinity Thom, Cindie Kusko, Shreya Sreedharan, Marcia Peterson, Debbie Binggeli, Teresa Koch, Kirsten Mashinter, Julieanna McManus, William ODriscoll and Elizabeth Saenz.
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κ2019 Statutes of Nevada, Page 4560κ
Assembly Resolution No. 3Committee on Legislative Operations and Elections
FILE NUMBER 5
Assembly RESOLUTION — Providing allowances to the leadership and other members of the Assembly for periodicals, stamps, stationery and communications.
Resolved by the Assembly of the State of Nevada, That the sum to be allowed, as provided by law, for each member of the Assembly for periodicals, stamps and stationery is $60 and for the use of telephones is $2,800, and the sum to be allowed, as provided by law, for the Speaker and Speaker Pro Tempore, Majority Floor Leader, Minority Floor Leader and chair of each standing committee of the Assembly for postage, telephone tolls and other communication charges is $900; and be it further
Resolved, That these amounts be certified by the Speaker and Chief Clerk to the State Controller, who is authorized to draw warrants therefor on the Legislative Fund, and the State Treasurer is thereafter authorized to pay these warrants.
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Senate Resolution No. 1Senators Atkinson and Settelmeyer
FILE NUMBER 6
SENATE RESOLUTION — Adopting the Standing Rules of the Senate for the 80th Session of the Legislature.
Resolved by the Senate of the State of Nevada, That the Senate Standing Rules are hereby adopted for the 80th 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.
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issued by order of the Senate; all of which must be attested by the Secretary. The President has general direction of the Senate Chamber.
Rule No. 2. President pro Tempore and Other Presiding Officers.
1. Except as otherwise provided in subsection 2:
(a) The President pro Tempore has all the power and shall discharge all the duties of the President during his or her absence or inability to discharge the duties of his or her office.
(b) If the President is unwilling to discharge the duties of his or her office, the Senate may, by majority vote of the Senate, call upon the President pro Tempore to serve as the President. Upon such call, the President pro Tempore has all the power and shall discharge all the duties of the President during his or her unwillingness to discharge the duties of his or her office.
(c) In the absence or inability of the President pro Tempore to discharge the duties of the Presidents office, the Chair of the Standing Committee on Legislative Operations and Elections shall serve as the presiding officer. In the absence or inability of the Chair, the Vice Chair of the Standing Committee on Legislative Operations and Elections shall serve as the presiding officer. In the absence or inability of the Vice Chair of the Standing Committee on Legislative Operations and Elections, the Senate shall elect one of its members to serve as the presiding officer. A member who is serving as the presiding officer has all the power and shall discharge all the duties of the President until the absence or inability which resulted in the member serving as the presiding officer has ended.
2. When the President pro Tempore or another member is serving as the presiding officer, the President pro Tempore or other member may vote on any question for which he or she is otherwise qualified to vote as a member. If the Senate is equally divided on the question, the President pro Tempore or other member may not give an additional deciding vote or casting vote pursuant to Senate Standing Rule No. 31 or Section 17 of Article 5 of the Nevada Constitution.
Rule No. 3. Secretary.
1. The Secretary of the Senate is elected by the Senate, and shall:
(a) Recruit, interview, select, train and supervise all staff employed to assist with the work of the Senate.
(b) See that these employees perform their respective duties.
(c) Administer the daily business of the Senate, including the provision of staff to its committees.
(d) Adopt such administrative policies as the Secretary deems necessary to carry out the business of the Senate.
(e) Unless otherwise ordered by the Senate, transmit at the end of each working day those bills and resolutions upon which the next action is to be taken by the Assembly.
2. The Secretary is responsible to the Majority Leader.
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.
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Rule No. 4. Sergeant at Arms.
The Sergeant at Arms shall:
1. Attend the Senate during its sittings, and execute its commands and all process issued by its authority.
2. Keep the secrets of the Senate.
3. Superintend the upkeep of the Senates Chamber, private lounge and meeting rooms for committees.
Rule No. 5. Deputy Sergeant at Arms and Assistant Sergeants at Arms.
The Deputy Sergeant at Arms and Assistant Sergeants at Arms shall serve as doorkeepers and shall preserve order in the Senate Chamber and shall assist the Sergeant at Arms. The Deputy Sergeant at Arms and Assistant Sergeants at Arms shall keep the secrets of the Senate. In the event that the Sergeant at Arms is incapacitated or absent for any reason, the Deputy Sergeant at Arms shall serve as the Sergeant at Arms until the incapacity or absence has ended.
Rule No. 6. Continuation of Leadership of the Senate During the Interim Between Sessions.
1. Except as otherwise provided in subsections 2, 3 and 4, the tenure of the President pro Tempore, Majority Leader and Minority Leader extends during the interim between regular sessions of the Legislature.
2. The President pro Tempore, Majority Leader and Minority Leader for the next succeeding regular session shall perform any duty that is required of that officer by the Standing Rules of the Senate and the Nevada Revised Statutes in the period between the time of their designation after the general election and the organization of the next succeeding regular session.
3. The Majority Leader and Minority Leader for the next succeeding regular session shall appoint the regular and alternate members to the Select Committee on Ethics as set forth in Senate Standing Rule No. 23.
4. The Majority Leader shall:
(a) Determine the start time of the Senates organizational session.
(b) Refer prefiled bills and resolutions to committee, subject to ratification by a majority vote of the members of the Senate once the Senate is organized and ready for business.
(c) Appoint committees during the interim between regular sessions of the Legislature for any proper purpose, including, without limitation, taking testimony, compelling the attendance of witnesses, punishing persons or entities for contempt and reporting findings to the next session of the Legislature.
5. This Rule shall remain in full force and effect throughout the interim between regular sessions of the Legislature and until new Standing Rules of the Senate are adopted as part of the organization of a newly-constituted Senate at the commencement of a session.
The next rule is 10.
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II. SESSIONS AND MEETINGS
Rule No. 10. Time of Meeting.
1. Except as otherwise provided in subsection 2, the President shall call the Senate to order each day of sitting at 11:00 oclock a.m., unless the Senate has adjourned to some other hour.
2. In the event an emergency occurs during a regular or special session of the Legislature which requires a meeting of the Senate, the Majority Leader shall call the members back to order before the hour to which the Senate has adjourned.
Rule No. 11. Call of Senate — Moved by Three Members.
A Call of the Senate may be moved by three Senators, and if carried by a majority of all present, the Secretary shall call the roll and note the absentees, after which the names of the absentees shall again be called over. The doors shall then be closed and the Sergeant at Arms directed to take into custody all who may be absent without leave, and all Senators so taken into custody shall be presented at the bar of the Senate for such action as to the Senate may seem proper.
Rule No. 12. Absence — Leave Required.
No Senator shall absent himself or herself from the service of the Senate without leave, except in case of accident or sickness, and if any Senator or officer shall so absent himself or herself, the per diem of the Senator shall not be allowed to him or her.
Rule No. 13. Open Meetings.
1. Except as provided in the Constitution of the State of Nevada and in subsection 2, all meetings of the Senate and its committees must be open to the public.
2. A Senate committee meeting may be closed to consider the character, alleged misconduct, professional competence, or physical or mental health of a person.
The next rule is 20.
III. DECORUM AND DEBATE
Rule No. 20. Points of Order.
1. If any Senator, in speaking or otherwise, transgresses the rules of the Senate, the President shall, or any Senator may, call him or her to order. If a Senator is so called to order, he or she shall not proceed without leave of the Senate. If such leave is granted, it must be upon the motion, That he or she be allowed to proceed in order, and the Senator shall confine himself or herself to the question under consideration and avoid personality.
2. Every decision of points of order made by the President is subject to appeal, and a discussion of a question of order may be allowed only upon the appeal of two Senators. In all cases of appeal, the question must be, Shall the decision of the Chair stand as the judgment of the Senate?
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Rule No. 21. Breaches of Decorum.
1. In cases of breaches of decorum or propriety, any Senator, officer or other person is liable to such censure or punishment as the Senate may deem proper.
2. If any Senator is called to order for offensive or indecorous language or conduct, the person calling the Senator to order shall report the offensive or indecorous language or conduct to the presiding officer. No member may be held to answer for any language used on the floor of the Senate if business has intervened before exception to the language was taken.
3. Indecorous conduct or boisterous or unbecoming language is not permitted in the Senate Chamber.
Rule No. 22. Reserved.
Rule No. 23. Committee on Ethics; Legislative Ethics.
1. The Committee on Ethics consists of:
(a) Two members of the Senate appointed by the Majority Leader from the majority political party;
(b) One member of the Senate appointed by the Minority Leader from the minority political party; and
(c) Four qualified electors of the State, two of whom are appointed by the Majority Leader, one who is appointed by the Minority Leader, and one who is appointed by the other members appointed to the Committee, and none of whom is a present member of the Legislature or employed by the State of Nevada.
Κ Not more than four members of the Committee may be members of the same political party.
2. The Majority Leader shall appoint the Chair and Vice Chair of the Committee. The Vice Chair shall serve as the acting Chair if the Chair is unable to serve for any reason during the consideration of a specific question.
3. The Majority Leader shall appoint an alternate member with the qualifications set forth in paragraph (a) of subsection 1 and an alternate member with the qualifications set forth in paragraph (c) of subsection 1. The Minority Leader shall appoint an alternate member with the qualifications set forth in paragraph (b) of subsection 1 and an alternate member with the qualifications set forth in paragraph (c) of subsection 1. The members of the Committee shall appoint an alternate member with the qualifications set forth in paragraph (c) of subsection 1. If a member of the Committee is unable to serve for any reason during the consideration of a specific question, the alternate appointed with the qualifications from the same paragraph in subsection 1 by the same appointing authority shall serve as a member of the Committee during the consideration of the specific question.
4. A member of the Committee is disqualified to serve during the consideration of a specific question if:
(a) The member is the requester of advice concerning the question of ethics or conflict of interest, or the member is the subject of the complaint concerning the specific question; or
(b) A reasonable person in the members situation could not exercise independent judgment on the matter in question.
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5. The members of the Committee shall perform any duty required in the period between the time of their appointment after the general election and the organization of the next succeeding regular session, or until the Majority Leader or the Minority Leader appoint new members to the Committee, whichever occurs first.
6. The tenure of the members of the Committee shall extend during the interim between regular sessions of the Legislature.
7. The Committee:
(a) May hear requests brought by Senators for advice on specific questions of potential breaches of ethics and conflicts of interest; and
(b) Shall hear complaints brought by Senators and others on specific questions of alleged breaches of ethics and conflicts of interest, including, without limitation, alleged breaches of the Legislative Code of Ethical Standards in the Joint Standing Rules.
8. All proceedings held by the Committee to consider the character, alleged misconduct, professional competence or physical or mental health of any person on matters of ethics or conflicts of interest and all materials related to those proceedings are confidential, unless the person who is the subject of the proceedings requests a public hearing or discloses the content of the proceedings or materials.
9. An individual may file a complaint which alleges a breach of ethics or a conflict of interest, including, without limitation, an alleged breach of the Legislative Code of Ethical Standards in the Joint Standing Rules. If the alleged breach of ethics or conflict of interest involves the conduct of more than one person, separate complaints must be filed regarding each person. A complaint must be:
(a) Made in writing on a form provided by the Legislative Counsel;
(b) Signed and verified under penalty of perjury by the individual making the allegation; and
(c) Filed with the Legislative Counsel who shall review the complaint and any other relevant information and consult with the Chair of the Committee or, if the Chair is the subject of the complaint, with the Vice Chair, to evaluate whether the Committee has jurisdiction and whether an investigation is warranted in the matter. If it is determined that the Committee:
(1) Does not have jurisdiction or that an investigation is not warranted in the matter, the Legislative Counsel shall send written notice of the determination to the individual who filed the complaint.
(2) Has jurisdiction and an investigation is warranted in the matter, the Legislative Counsel shall send written notice of the determination and a copy of the complaint to the person who is the subject of the complaint.
10. Each Legislator is subject, at all times, to the Legislative Code of Ethical Standards in the Joint Standing Rules and, in addition, must determine whether he or she has a conflict of interest upon any matter in question before the Legislator. In determining whether the Legislator has such 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
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(c) Commitment to a member of his or her household or immediate family.
Κ In interpreting and applying the provisions of this subsection, it must be presumed that the independence of judgment of a reasonable person in the Legislators situation would not be materially affected by the Legislators private economic interest or the Legislators commitment to a member of his or her household or immediate family where the resulting benefit or detriment accruing to the Legislator, or if the Legislator has a commitment to a member of his or her household or immediate family, accruing to those other persons, is not greater than that accruing to any other member of the general business, profession, occupation or group that is affected by the matter.
11. Except as otherwise provided in subsection 12, if a Legislator knows he or she has a conflict of interest pursuant to subsection 10, the Legislator shall make a disclosure of the conflict of interest on the record in a meeting of a committee or on the floor of the Senate, as applicable. Such a disclosure must be entered:
(a) If the Legislator makes the disclosure in a meeting of a committee, in the minutes for that meeting.
(b) If the Legislator makes the disclosure on the floor of the Senate, in the Journal.
12. If, on one or more prior occasions during the current session of the Legislature, a Legislator has made a general disclosure of a conflict of interest on the record in a meeting of a committee or on the floor of the Senate, the Legislator is not required to make that general disclosure at length again regarding the same conflict of interest if, when the matter in question arises on subsequent occasions, the Legislator makes a reference on the record to the previous disclosure.
13. In determining whether to abstain from voting upon, advocating or opposing a matter concerning which a Legislator has a conflict of interest pursuant to subsection 10, the Legislator should consider whether:
(a) The conflict impedes his or her independence of judgment; and
(b) His or her interest is greater than the interests of an entire class of persons similarly situated.
14. The provisions of this Rule do not under any circumstances and regardless of any conflict of interest:
(a) Prohibit a Legislator from requesting or introducing a legislative measure; or
(b) Require a Legislator to take any particular action before or while requesting or introducing a legislative measure.
15. If a Legislator who is a member of a committee declares on the record when a vote is to be taken by the committee that he or she will abstain from voting because of the requirements of this Rule, the necessary quorum to act upon and the number of votes necessary to act upon the matter is reduced as though the Legislator abstaining were not a member of the committee.
16. 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:
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(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,
Κ except that this subsection does not exempt any Senators from the Legislative Code of Ethical Standards in the Joint Standing Rules.
17. For purposes of this Rule, immediate family means a person who is related to the Legislator by blood, adoption or marriage within the first degree of consanguinity or affinity.
18. This Rule shall remain in full force and effect throughout the interim between regular sessions of the Legislature and until new Standing Rules of the Senate are adopted as part of a newly-constituted Senate at the commencement of a session.
The next rule is 30.
IV. QUORUM, VOTING, ELECTIONS
Rule No. 30. Recorded Vote — Three Required to Call For.
1. A recorded vote must be taken upon final passage of a bill or joint resolution, and in any other case when called for by three members. Every Senator within the bar of the Senate shall vote yea or nay or record himself or herself as not voting, unless excused by unanimous vote of the Senate. A Senator who records himself or herself as not voting must make a full and complete disclosure of a conflict of interest pursuant to Senate Standing Rule No. 23.
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.
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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 and Labor, eight members, with jurisdiction over measures affecting primarily titles 52-56 of NRS, and chapters 97-100, 118-119, 119B, 461, 461A, 489, 679A-693A, 694A-697, 711 and 712 of NRS, except measures affecting primarily state and local revenue.
(b) Education, seven members, with jurisdiction over measures affecting primarily chapters 353B, 378-380A, 385-386 and 388-399 of NRS, except measures affecting primarily state and local revenue.
(c) Finance, eight members, with jurisdiction over measures affecting primarily chapters 1A, 387 and 400 of NRS, appropriations, operating and capital budgets, state and federal budget issues and bonding, except
measures affecting primarily state and local revenue, and over any measures carrying or requiring appropriations and favorably reported by any other committee.
(d) Government Affairs, five members, with jurisdiction over measures affecting primarily titles 20, 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, 709, 710 and 720 of NRS, except measures affecting primarily the provisions of the Nevada Administrative Procedure Act that govern the adjudication of contested cases, the Tahoe Regional Planning Compact and the Tahoe Regional Planning Agency, state and local revenue and state and federal budget issues.
(e) Growth and Infrastructure, eight members, with jurisdiction over measures affecting primarily title 44 of NRS, and chapters 403-405, 408, 410, 459A, 476, 480-487, 490 and 701-708 of NRS, except measures affecting primarily state and local revenue.
(f) Health and Human Services, five members, with jurisdiction over measures affecting primarily titles 38 and 39 of NRS, chapters 439-442 of NRS, NRS 444.002-444.430 and chapters 446-453C, 454-458A, 460 and 583-585 of NRS, except measures affecting primarily state and local revenue.
(g) Judiciary, eight members, with jurisdiction over measures affecting primarily the provisions of the Nevada Administrative Procedure Act that govern the adjudication of contested cases, titles 2-7, 9, 11-16 and 41 of NRS, and chapters 1, 2-7, 101-104A, 111-117, 119A, 120, 120A, 475, 719, 721 and 722 of NRS, except measures affecting primarily state and local revenue.
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(h) 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 primarily state and local revenue.
(i) Natural Resources, five members, with jurisdiction over measures affecting primarily titles 26 and 45-50 of NRS, chapters 383 and 407 of NRS, NRS 444.435-444.650, chapters 444A-445D, 459, 488, 581, 582 and 586-590 of NRS, and the Tahoe Regional Planning Compact and the Tahoe Regional Planning Agency, except measures affecting primarily state and local revenue.
(j) Revenue and Economic Development, five members, with jurisdiction over measures affecting primarily title 32 of NRS, chapters 231, 231A, 237A, 271A-274 and 453D of NRS, and state and local revenue.
4. The Chair of the Standing Committee on Finance may assign any portion of a proposed executive budget to any of the other standing or select committees of the Senate for review. Upon receiving such an assignment the standing or select committee shall complete its review expeditiously and report its findings and any recommendations to the Standing Committee on Finance for its independent evaluation.
Rule No. 41. Appointment of Alternates.
If the Chair or any member of a committee is temporarily unable to perform his or her duties, the Majority Leader shall appoint an alternate of the same political party to serve in the Chairs or the members place for such time as is determined by the Majority Leader.
Rule No. 42. Committee Expenses.
No committee shall employ assistance or incur any expense, except by permission of the 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.
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the message. After receiving the message, the President shall vacate the chair in favor of the Chair of the Committee.
Rule No. 48. Motion to Rise Committee of the Whole.
A motion that the Committee rise shall always be in order, and shall be decided without debate.
Rule No. 49. Reference to Committee.
When a motion is made to refer any subject, and different committees are proposed, the subject may be referred to the committee with jurisdiction over the subject as set forth in Senate Standing Rule No. 40, or to a different committee, upon a majority vote of the members present.
Rule No. 50. Return From Committee.
1. Any bill or other matter referred to a committee of the Senate must not be withdrawn or ordered taken from the committee for consideration by the Senate, for re-referral, or for any other reason without a majority vote of the Senate, and at least one days notice of the motion therefor.
2. No such motion is in order:
(a) If the bill to be withdrawn or ordered taken from the committee may no longer be considered by the Senate; or
(b) On the last day of the session, or on the day preceding the last day of the session.
3. This Rule does not take from any committee the rights and duties of committees provided for in Senate Standing Rule No. 43.
Rule No. 51. Reserved.
Rule No. 52. Reserved.
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.
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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 or other appropriate remote-technology systems. A member who is actually present in the committee at a posted video conference or other remote location is present and in attendance at the meeting for all purposes. The provisions of this subsection do not prohibit the prefiling of legislative bills and resolutions on behalf of a committee in the manner prescribed by the Legislative Commission.
8. All committee and subcommittee meetings are open to the public, except as otherwise provided in Senate Standing Rule No. 13.
9. Before a Chair of a committee reports a bill or resolution to the Senate, the 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. Upon approval of the Chair, any member may submit to the secretary additional remarks to be included in the minutes and records of committee meetings. Upon completion of the minutes, the Chair will review for approval. 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 Research Library 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. The official record of the committee meeting is the minutes approved by the Chair.
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Rule No. 54. Review of State Agency Programs.
In addition to or concurrent with committee action taken on specific bills and resolutions during a regular session of the Legislature, each standing committee of the Senate is encouraged to plan and conduct a general review of selected programs of state agencies or other areas of public interest within the committees jurisdiction.
The next rule is 60.
VI. RULES GOVERNING MOTIONS
A. Motions Generally
Rule No. 60. Entertaining.
1. No motion may be debated until it is announced by the President.
2. By consent of the Senate, a motion may be withdrawn before amendment or decision.
Rule No. 61. Precedence of Motions.
When a question is under debate no motion shall be received but the following, which shall have precedence in the order named:
1. To adjourn.
2. For a call of the Senate.
3. To recess.
4. To lay on the table.
5. For the previous question.
6. To postpone to a day certain.
7. To refer to committee.
8. To amend.
9. To postpone indefinitely.
Κ The first three motions shall be decided without debate, and a motion to lay on the table without question or debate.
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.
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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.
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.
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debate and bring the Senate to a vote on the question or questions before it, and all incidental questions arising after the motion was made shall be decided without debate. A person who is speaking on a question shall not while he or she has the floor move to put that question.
The next rule is 90.
VIII. CONDUCT OF BUSINESS
A. Generally
Rule No. 90. Masons Manual.
The rules of parliamentary practice contained in Masons Manual of Legislative Procedure shall govern the Senate in all cases in which they are applicable and in which they are not inconsistent with the standing rules and orders of the Senate, and the Joint Standing Rules of the Senate and Assembly.
Rule No. 91. Suspension of Rule.
No standing rule or order of the Senate shall be rescinded or changed without a majority vote of the Senate and one days notice of the motion therefor; but a rule or order may be temporarily suspended for a special purpose by a majority vote of the members present. When the suspension of a rule is called for, and after due notice from the President no objection is offered, the President can announce the rule suspended and the Senate may proceed accordingly; but this shall not apply to that portion of Senate Standing Rule No. 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.
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2. Guests of Senators must be seated in a section of the upper or lower gallery of the Senate Chamber to be specially designated by the Sergeant at Arms. The Majority Leader may specify special occasions when guests may be seated on the floor of the Senate with a Senator.
3. A majority of Senators may authorize the President to have the Senate Chamber cleared of all persons except Senators and officers of the Senate.
4. The Senate Chamber may not be used for any business other than legislative business during a legislative session.
Rule No. 95. Material Placed on Legislators Desks.
1. Only the Sergeant at Arms and officers and employees of the Senate may place papers, letters, notes, pamphlets and other written material upon a Senators desk. Such material must contain the name of the Legislator requesting the placement of the material on the desk or a designation of the origin of the material.
2. This Rule does not apply to books containing the legislative bills and resolutions, the daily histories and daily journals of the Senate or Assembly, or Legislative Counsel Bureau material.
Rule No. 96. Reserved.
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.
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of the bill would entail extensive research or be of considerable length. A skeleton bill will be a presentation of ideas or statements of purpose, sufficient in style and expression to enable the Legislature and the committee to which the bill may be referred to consider the substantive merits of the legislation proposed.
Rule No. 107. Information Concerning Bills.
1. Bills introduced may be accompanied by information relative to witnesses and selected persons of departments and agencies who should be considered for committee hearings on the proposed legislation. At the time of or after introduction of a bill, a list of witnesses who are proponents of the bill together with their addresses and telephone numbers may be given to the secretary of the committee to which the bill is referred. This information may be provided by:
(a) The Senator introducing the bill;
(b) The person requesting a committee introduction of the bill; or
(c) The Chair of the committee introducing the bill.
2. The secretary of the committee shall deliver this information to the Chair of the committee to which the bill is referred. Members of the committee may suggest additional names for witnesses.
3. The Legislator may provide an analysis which may describe the intent, purpose, justification and effects of the bill, or any of them.
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.
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or joint resolution so removed must be immediately placed on the Second Reading File for consideration in the usual order of business.
5. When the Consent Calendar is called:
(a) The bills remaining on the Consent Calendar must be read by number and summary, and the vote must be taken on their final passage as a group.
(b) No remarks or questions are in order and the bills remaining on the Consent Calendar must be voted upon without debate.
Rule No. 111. Publications.
1. An appropriate number of copies of all bills and resolutions of general interest must be printed for the use of the Senate and Assembly. Such other matter must be printed as may be ordered by the Senate.
2. Bill books will not be prepared for legislators unless they qualify for and request the service. The service, if approved, will be limited to the provision of one full set of bills, journals, histories and indexes for the Senators desk in the Senate chamber. Bill books will not be prepared for a Senator for individual committees.
3. A Senator may request the provision of bill book service pursuant to subsection 1 if either:
(a) The Senator has served in the Senate for 10 or more years; or
(b) A physical or medical condition requires the Senator to use the bill books rather than viewing bills on a laptop computer.
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:
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(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.
Rule No. 113. Reading of Bills — General File.
1. Upon reading of bills on the Second Reading File, Senate and Assembly bills reported without amendments must be ordered to the General File. Committee amendments reported with bills must be considered upon their second reading and such amendments may be adopted by a majority vote of the members present. Bills so amended must be reprinted, engrossed or reengrossed, and ordered to the General File. The File must be made available to members of the public each day by the Secretary.
2. Any member may move to amend a 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. Committee amendments and all other amendments must be made available to members of the public after the amendments are submitted to the Secretary for processing in order to be considered on the Second Reading File or the General File.
4. 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.
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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.
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.
κ2019 Statutes of Nevada, Page 4580 (FILE NUMBER 6, SR 1)κ
3. Reading and Approval of the Journal.
4. Reports of Committees.
5. Messages from the Governor.
6. Messages from the Assembly.
7. Communications.
8. Waivers and Exemptions.
9. Motions, Resolutions and Notices.
10. Introduction, First Reading and Reference.
11. Consent Calendar.
12. Second Reading and Amendment.
13. General File and Third Reading.
14. Unfinished Business.
15. Special Orders of the Day.
16. Remarks from the Floor; Introduction of Guests. A Senator may speak under this order of business for a period of not more than 10 minutes.
Rule No. 121. Privilege.
Any Senator may rise and explain a matter personal to himself or herself by leave of the President, but the Senator shall not discuss any pending question in such explanation.
Rule No. 122. Reserved.
Rule No. 123. Reserved.
Rule No. 124. Preference to Speak.
When two or more Senators rise at the same time the President shall name the one who may first speak — giving preference, when practicable, to the mover or introducer of the subject under consideration.
Rule No. 125. Special Order of Business.
The President shall call the Senate to order on the arrival of the time fixed for the consideration of a special order, and announce that the special order is before the Senate, which shall be considered, unless it be postponed by a majority vote of the Senate, and any business before the Senate at the time of the announcement of the special order shall go to Unfinished Business.
Rule No. 126. Reserved.
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.
κ2019 Statutes of Nevada, Page 4581 (FILE NUMBER 6, SR 1)κ
Rule No. 129. Reserved.
D. Contests of Elections
Rule No. 130. Procedure.
1. The Senate shall not dismiss a statement of contest for want of form if any ground of contest is alleged with sufficient certainty to inform the defendant of the charges he or she is required to meet. The following grounds are sufficient, but are not exclusive:
(a) That the election board or any member thereof was guilty of malfeasance.
(b) That a person who has been declared elected to an office was not at the time of election eligible to that office.
(c) That illegal votes were cast and counted for the defendant, which, if taken from the defendant, will reduce the number of legal votes below the number necessary to elect him or her.
(d) That the election board, in conducting the election or in canvassing the returns, made errors sufficient to change the result of the election as to any person who has been declared elected.
(e) That the defendant has given, or offered to give, to any person a bribe for the purpose of procuring his or her election.
(f) That there was a possible malfunction of any voting or counting device.
2. The contest must be submitted so far as may be possible upon depositions or by written or oral arguments as the Senate may order. Any party to a contest may take the deposition of any witness at any time after the statement of contest is filed with the Secretary of State and before the contest is finally decided. At least 5 days notice must be given to the prospective deponent and to the other party. If oral statements are made at any hearing before the Senate or a committee thereof which purport to establish matters of fact, they must be made under oath. Strict rules of evidence do not apply.
3. The contestant has the burden of proving that any irregularities shown were of such nature as to establish the probability that the result of the election was changed thereby. After consideration of all the evidence, the Senate shall declare the defendant elected unless the Senate finds from the evidence that a person other than the defendant received the greatest number of legal votes, in which case the Senate shall declare that person elected.
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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κ2019 Statutes of Nevada, Page 4582κ
Senate Resolution No. 2Senators Atkinson and Settelmeyer
FILE NUMBER 7
Senate RESOLUTION — Providing allowances to the leadership and other members of the Senate for periodicals, stamps, stationery and communications.
Resolved by the Senate of the State of Nevada, That the sum to be allowed, as provided by law, for each member of the Senate for periodicals, stamps and stationery is $60 and for the use of telephones is $2,800, and the sum to be allowed, as provided by law, for the President and President pro Tempore of the Senate, the Majority and Minority Leaders of the Senate, and the chair of each standing committee of the Senate for postage, telephone tolls and other communication charges is $900; and be it further
Resolved, That these amounts be certified by the President and the Secretary to the State Controller, who is authorized to draw warrants therefor on the Legislative Fund, and the State Treasurer is thereafter authorized to pay these warrants.
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Senate Resolution No. 3Senators Atkinson and Settelmeyer
FILE NUMBER 8
Senate RESOLUTION — Providing for 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 80th Session of the Legislature of the State of Nevada: Becky Archer, Felicia Archer, Mike Archer, Annette Biamonte, Stella Blood, Steve Brummer, Todd Butterworth, Troy Casa, Marie Cavin, Jackie Cheney, Eileen Church, Pat Church, Eddie Cordisco Jr., Pat Devereux, Lona Domenici, Kathy Easly, Arielle Edwards, Suzanne Efford, Debbie Fazzino, Aaron Ford II, Andrea Franko, Charles Gallagher, Linda Gentry, Andrew Gonzalez, Mary Griffith, Michelle Hamilton, Susan Hanshew, Jenny Harbor, Terry Harmon, Bette Hartnett, Lynn Hendricks, Gail Herstead, Linda Hiller, Joyce Hollister, Pat Hutson, Judy Jackson, Steven Jamieson, Mahalia Jaramillo, Janae Johnson, Diana Jones, Lynette Jones, Betty Kaminski, Michael Keever, Vicki Kemp, Erich Kolbe, Shelley Kyle, Kayla Lee, Tammy Lubich, Kristen Marshall, Lezlie Mayville, Sara Menke, Marilyn McElhany, Jennifer McEntee, Toshi McIntosh, Ben Mendez-Plancarte, Janet Meredith, Terri Miller, Christine Miner, Jeanne Mortimer, Desirae Munns, Carol Myers, Julie Newman, Blayne Osborn, Jessica Padron, Gena Plummer, Vickie Polzien, Diane Rea, Jennifer Richardson, Sherry Rodriguez, Debbie Shope, Ciria Sosa, Ann Standley, Nnedi Stephens, Krystal Sun, Liz Teixeira, Lex Thompson, Zach Tretton, Katia Varela Tapia, Tom Weber, Kathryn Weber-Karp, Susan Whitford, Mike Wiley, Barbara Williams, Rich Williams, Jeanine Wittenberg, Becky Wood and Steve Woodbury.
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κ2019 Statutes of Nevada, Page 4583κ
Assembly Resolution No. 4Committee on Legislative Operations and Elections
FILE NUMBER 9
Assembly RESOLUTION — Providing for the appointment of an additional attache for the Assembly.
Resolved by the Assembly of the State of Nevada, That Joi Guthrie is elected as an additional attache of the Assembly for the 80th Session of the Nevada Legislature.
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Assembly Concurrent Resolution No. 3Assemblymen Frierson; Assefa, Backus, Benitez-Thompson, Bilbray-Axelrod, Carlton, Carrillo, Cohen, Daly, Duran, Edwards, Ellison, Flores, Fumo, Gorelow, Hafen, Hambrick, Hansen, Hardy, Jauregui, Kramer, Krasner, Leavitt, Martinez, McCurdy, Miller, Monroe-Moreno, Munk, Neal, Nguyen, Peters, Roberts, Spiegel, Sprinkle, Swank, Thompson, Titus, Tolles, Torres, Watts, Wheeler and Yeager
Joint Sponsors: Senators Ohrenschall; Atkinson, Brooks, Cancela, Cannizzaro, Denis, Dondero Loop, Goicoechea, Hammond, Hansen, Hardy, Harris, Kieckhefer, Parks, Pickard, Ratti, Scheible, Seevers Gansert, Settelmeyer, Spearman and Woodhouse
FILE NUMBER 10
Assembly Concurrent RESOLUTION — Memorializing former Assemblyman Bob Price.
Whereas, The members of the Nevada Legislature note with sadness the passing on January 4, 2019, of former Assemblyman Robert E. Price, one of the longest serving Assemblymen in this State; and
Whereas, Bob Price was born in 1936 in DeLand, Florida, and after attending community colleges in California and Nevada, became an electrician through the International Brotherhood of Electrical Workers Apprenticeship Program; and
Whereas, Assemblyman Price proudly served his North Las Vegas constituents in the Nevada Assembly for a total of 28 years, in 14 regular and 5 special sessions between 1974 and 2002, serving as Chairman on the Assembly Committees on Taxation, Constitutional Amendments, Economic Development and Tourism and Transportation, Vice Chairman of the Legislative Commission and as a member of the Assembly Committee on Government Affairs and the Interim Finance Committee; and
Whereas, In 1979, Assemblyman Price served as one of the architects of the Sales and Use Tax Act, removing the tax on food, and in 1991, Assemblyman Price sponsored Assembly Bill No.
κ2019 Statutes of Nevada, Page 4584 (FILE NUMBER 10, ACR 3)κ
Assemblyman Price sponsored Assembly Bill No. 4 which provided Nevadas citizens greater transparency into lobbying activities and expenditures; and
Whereas, In 1996, Governor Bob Miller designated State Highway 375 as the Extraterrestrial Highway, an idea to promote tourism in one of Nevadas most remote areas which was formulated by Assemblyman Price 1 year earlier; and
Whereas, Outside of the Legislature, Bob Price remained a loyal advocate by serving on multiple state boards and commissions, including Governor Robert Lists Family Policy Committee, the State Health Coordinating Council, Nevadas 125-Year Celebration Committee, and the Nevada Committee on the Bicentennial of the United States Constitution and was long active in the National Conference of State Legislatures; and
Whereas, Bob Price was honored for his tireless work in 2007 when the Robert E. Bob Price Recreation Center in North Las Vegas was dedicated in his name; and
Whereas, Bob Price was an avid country music fan and in the 1950s had his own television show called Bob Price and the Gambling Ranch Hands and was known to serenade the Assembly with Hank Williams tunes at the end of every session; and
Whereas, The man who was said to be the prime example of a citizen legislator, whose kindness and sense of humor is fondly remembered and whose wish was to be remembered as one who simply tried to do his best to help; now, therefore, be it
Resolved by the Assembly of the State of Nevada, the Senate Concurring, That the members of the 80th Session of the Nevada Legislature hereby extend their deepest condolences to Assemblyman Prices wife, Nancy, daughters, Theresa, Amber and Cherie, sons, William, David and Tom; and be it further
Resolved, That the Chief Clerk of the Assembly prepare and transmit a copy of this resolution to Bob Prices beloved wife, Nancy.
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κ2019 Statutes of Nevada, Page 4585κ
Assembly Concurrent Resolution No. 5Assemblymen Frierson and Wheeler
Joint Sponsors: Senators Atkinson and Settelmeyer
FILE NUMBER 11
Assembly Concurrent RESOLUTION — Commemorating the 150th anniversary of the ratification of the 15th Amendment to the United States Constitution by the Nevada Legislature, the first state in the nation to do so.
Whereas, In 1868, when Ulysses S. Grant was elected President of the United States, the country struggled as a nation torn apart by war; and
Whereas, Suffrage for black men was allowed in only some parts of the country; and
Whereas, To address the problem, an amendment to the United States Constitution was proposed to guarantee suffrage to all black men in all states; and
Whereas, William M. Stewart, U.S. Senator from the State of Nevada, prepared the text of the final version of the proposal to declare that [t]he right of citizens of the United States to vote shall not be denied or abridged by the United States or by any State on account of race, color, or previous condition of servitude; and
Whereas, Senator Stewart passionately argued that the amendment to the Constitution was necessary to guarantee that each man has the right to protect his own liberty; and
Whereas, On February 25, 1869, the U.S. House of Representatives and on February 26, 1869, the U.S. Senate approved the language proposed by Senator Stewart to be added as the 15th Amendment to the U.S. Constitution upon ratification of the states; and
Whereas, Although the Nevada Legislature was required to adjourn by March 4, 1869, Senator Stewart swiftly arranged to send the proposal for ratification in hopes of having his State of Nevada be the first to ratify the measure; and
Whereas, Both houses of the Nevada Legislature, during this 4th Legislative Session, approved a joint resolution to ratify the 15th Amendment to the U.S. Constitution on March 1, 1869; and
Whereas, By the end of the week, six other states had ratified the 15th Amendment and five more had done so by the end of the month; and
Whereas, By February 3, 1870, the final necessary ratification was obtained and on March 30, 1870, the 15th Amendment was added to the U.S. Constitution; and
Whereas, Although the struggle was not over and some states found ways to continue to exclude the vote of African American men, Nevada has the historic honor of having had its U.S. Senator pen the language of the 15th Amendment to the U.S. Constitution and becoming the first state in the nation to acknowledge the right of suffrage to African Americans; and
Whereas, Nevada continues to pride itself on diversity and inclusion in all aspects of life and government; now therefore, be it
Resolved by the Assembly of the State of Nevada, the Senate Concurring, That the members of the 80th Session of the Nevada Legislature hereby commemorate the 150th anniversary of the ratification of the 15th Amendment to the U.S. Constitution on March 1, 1869, by the members of the 4th Session of the Nevada Legislature, the first state legislature in the nation to do so; and be it further
κ2019 Statutes of Nevada, Page 4586 (FILE NUMBER 11, ACR 5)κ
Legislature hereby commemorate the 150th anniversary of the ratification of the 15th Amendment to the U.S. Constitution on March 1, 1869, by the members of the 4th Session of the Nevada Legislature, the first state legislature in the nation to do so; and be it further
Resolved, That this resolution becomes effective upon passage.
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Senate Concurrent Resolution No. 4Committee on Legislative Operations and Elections
FILE NUMBER 12
Senate Concurrent RESOLUTION — Providing direction regarding certain legislative measures following the resignation of certain former Legislators.
Whereas, Several former Legislators resigned from their legislative offices during this legislative session and before the date of passage of this resolution; and
Whereas, Those resignations require each House, in the manner set forth in this resolution, to adjust the rules of its proceedings pursuant to Section 6 of Article 4 of the Nevada Constitution and concurrently provide direction to the members and officers of the Senate and Assembly regarding certain legislative measures; and
Whereas, Pursuant to the Joint Standing Rules of the Senate and the Assembly set forth in Assembly Concurrent Resolution No. 1 of this legislative session certain deadlines for the introduction of bill draft requests were established; and
Whereas, Because of certain internal organizational issues, certain bill draft requests must be delivered outside those deadlines; now, therefore, be it
Resolved by the Senate of the State of Nevada, the Assembly Concurring, That the legislative purposes and objectives of this resolution are to address institutional issues relating to the internal organization, affairs and management of the Legislature that have arisen regarding particular legislative measures because of the resignations of former Legislators who resigned from their legislative offices during this legislative session and before the date of passage of this resolution and because of other internal organizational issues; and be it further
Resolved, That as a result of the resignations of the former Legislators and other internal organizational issues, the Secretary of the Senate, the Chief Clerk of the Assembly and the Legislative Counsel:
1. Are directed, empowered and authorized to take all necessary and proper actions to assist the Senate and Assembly in carrying out and accomplishing the legislative purposes and objectives of this resolution; and
2. Shall take such actions as soon as practicable regarding the particular legislative measures subject to this resolution, notwithstanding any other provisions which are in effect on the date of passage of this resolution and which would otherwise govern the particular legislative measures subject to this resolution; and be it further
κ2019 Statutes of Nevada, Page 4587 (FILE NUMBER 12, SCR 4)κ
Resolved, That if, before resigning, the former Legislator, whether individually or in any other official legislative capacity, timely submitted to the Legislative Counsel any authorized requests for the drafting of legislative measures that, on the date of passage of this resolution, would have been eligible to be introduced under the Joint Standing Rules of the Senate and Assembly:
1. The Majority Leader of the Senate or the Speaker of the Assembly, as appropriate for the House of the former Legislator, may allocate or reallocate some or all of the former requests of the former Legislator to other Legislators or standing committees of the House of the former Legislator by providing the Legislative Counsel with written notice of each allocation or reallocation of those requests. The written notice must be:
(a) Executed on a form provided by the Legislative Counsel that is signed by the Majority Leader of the Senate or the Speaker of the Assembly, as appropriate; and
(b) Provided to the Legislative Counsel on or before the 47th calendar day of this legislative session, unless otherwise provided pursuant to Joint Standing Rule No. 14.5 or 14.6.
2. Upon receipt of such notice, the Legislative Counsel shall prepare and process the requests as if they had been timely submitted by the former Legislators or standing committees to which they are allocated or reallocated and, as soon as practicable, make appropriate revisions to the list of requests prepared pursuant to NRS 218D.130. After each allocation or reallocation of the requests to the Legislators or standing committees, the provisions of the Joint Standing Rules apply to the requests, except that:
(a) The requests must not be counted by the Legislative Counsel for the purposes of any limitations on the number of legislative measures that may be requested by those Legislators or standing committees; and
(b) The last day for introduction of the requests as bills or resolutions in the Senate or Assembly, as appropriate, is the 54th calendar day of this legislative session, unless otherwise provided pursuant to Joint Standing Rule No. 14.5 or 14.6; and be it further
Resolved, That if the former Legislator is the only sponsor from the former Legislators House whose name is set forth on the face of any bill or resolution introduced in that House for its first time during this legislative session and not passed by the Legislature on the date of passage of this resolution, no further action on the bill or resolution is allowed, unless one or more Legislators of the former Legislators House have submitted to the Secretary of the Senate or the Chief Clerk of the Assembly, as appropriate, a statement signed by the Majority Leader of the Senate or the Speaker of the Assembly, as appropriate, approving a request for the name of each such Legislator to be added as a primary sponsor or cosponsor and to be set forth on the face of the bill or resolution in the place of the name of the former Legislator. In such case, the Legislative Counsel shall, as soon as practicable, prepare appropriate replacement copies of the bill or resolution with:
1. The name of the former Legislator removed from the face of the bill or resolution; and
2. The name of each Legislator added as a primary sponsor or cosponsor set forth on the face of the bill or resolution; and be it further
κ2019 Statutes of Nevada, Page 4588 (FILE NUMBER 12, SCR 4)κ
Resolved, That if, along with the names of other Legislators, the former Legislator is a primary sponsor, cosponsor or joint sponsor whose name is set forth on the face of any bill or resolution introduced in either House for its first time during this legislative session and not passed by the Legislature on the date of passage of this resolution, the Legislative Counsel shall, as soon as practicable, prepare appropriate replacement copies of the bill or resolution with:
1. The name of the former Legislator removed from the face of the bill or resolution; and
2. The names of the other Legislators appropriately reordered or reorganized and set forth on the face of the bill or resolution; and be it further
Resolved, That any request for the drafting of a legislative measure that was timely submitted to the Legislative Counsel and which is delivered to the requester outside any deadline established in the Joint Standing Rules may be introduced and shall be accepted by each House for introduction if introduced on or before the date stamped on the front of the measure; and be it further
Resolved, That if there are any conflicts between the provisions of this resolution and any other provisions which are in effect on the date of passage of this resolution and which would otherwise govern the particular legislative measures subject to this resolution, the provisions of this resolution control; and be it further
Resolved, That this resolution does not apply to:
1. Any bill or resolution passed by the Legislature during the 79th Legislative Session and returned to the Legislature during this legislative session pursuant to the Nevada Constitution and any laws or rules enacted or adopted pursuant thereto; or
2. Any bill or resolution passed by the Legislature during this legislative session and enrolled before the date of passage of this resolution; and be it further
Resolved, That this resolution shall be entered upon the Journal of the Senate and the Journal of the Assembly; and be it further
Resolved, That this resolution becomes effective upon passage.
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κ2019 Statutes of Nevada, Page 4589κ
Senate Resolution No. 4Senator Cannizzaro
FILE NUMBER 13
SENATE RESOLUTION — Amending the Standing Rules of the Senate for the 80th Session of the Legislature to revise the number of members on the Committee on Commerce and Labor.
Resolved by the Senate of the State of Nevada, That Rule No. 40 of the Standing Rules of the Senate as adopted by the 80th Session of the Legislature is hereby amended to read as follows:
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 and Labor, [eight] seven members, with jurisdiction over measures affecting primarily titles 52-56 of NRS, and chapters 97-100, 118-119, 119B, 461, 461A, 489, 679A-693A, 694A-697, 711 and 712 of NRS, except measures affecting primarily state and local revenue.
(b) Education, seven members, with jurisdiction over measures affecting primarily chapters 353B, 378-380A, 385-386 and 388-399 of NRS, except measures affecting primarily state and local revenue.
(c) Finance, eight members, with jurisdiction over measures affecting primarily chapters 1A, 387 and 400 of NRS, appropriations, operating and capital budgets, state and federal budget issues and bonding, except measures affecting primarily state and local revenue, and over any measures carrying or requiring appropriations and favorably reported by any other committee.
(d) Government Affairs, five members, with jurisdiction over measures affecting primarily titles 20, 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, 709, 710 and 720 of NRS, except measures affecting primarily the provisions of the Nevada Administrative Procedure Act that govern the adjudication of contested cases, the Tahoe Regional Planning Compact and the Tahoe Regional Planning Agency, state and local revenue and state and federal budget issues.
(e) Growth and Infrastructure, eight members, with jurisdiction over measures affecting primarily title 44 of NRS, and chapters 403-405, 408, 410, 459A, 476, 480-487, 490 and 701-708 of NRS, except measures affecting primarily state and local revenue.
κ2019 Statutes of Nevada, Page 4590 (FILE NUMBER 13, SR 4)κ
(f) Health and Human Services, five members, with jurisdiction over measures affecting primarily titles 38 and 39 of NRS, chapters 439-442 of NRS, NRS 444.002-444.430 and chapters 446-453C, 454-458A, 460 and 583-585 of NRS, except measures affecting primarily state and local revenue.
(g) Judiciary, eight members, with jurisdiction over measures affecting primarily the provisions of the Nevada Administrative Procedure Act that govern the adjudication of contested cases, titles 2-7, 9, 11-16 and 41 of NRS, and chapters 1, 2-7, 101-104A, 111-117, 119A, 120, 120A, 475, 719, 721 and 722 of NRS, except measures affecting primarily state and local revenue.
(h) 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 primarily state and local revenue.
(i) Natural Resources, five members, with jurisdiction over measures affecting primarily titles 26 and 45-50 of NRS, chapters 383 and 407 of NRS, NRS 444.435-444.650, chapters 444A-445D, 459, 488, 581, 582 and 586-590 of NRS, and the Tahoe Regional Planning Compact and the Tahoe Regional Planning Agency, except measures affecting primarily state and local revenue.
(j) Revenue and Economic Development, five members, with jurisdiction over measures affecting primarily title 32 of NRS, chapters 231, 231A, 237A, 271A-274 and 453D of NRS, and 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.
And be it further
Resolved, That this resolution becomes effective upon passage.
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κ2019 Statutes of Nevada, Page 4591κ
Assembly Joint Resolution No. 5 of the 79th SessionAssemblyman Elliot Anderson
Joint Sponsor: Senator Woodhouse
FILE NUMBER 14
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. (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.
κ2019 Statutes of Nevada, Page 4592 (FILE NUMBER 14, AJR 5 of the 79th Session)κ
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
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
κ2019 Statutes of Nevada, Page 4593 (FILE NUMBER 14, AJR 5 of the 79th Session)κ
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
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
κ2019 Statutes of Nevada, Page 4594 (FILE NUMBER 14, AJR 5 of the 79th Session)κ
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. 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 . [[.]]
κ2019 Statutes of Nevada, Page 4595 (FILE NUMBER 14, AJR 5 of the 79th Session)κ
And be it further
Resolved, That Section 7 of Article 11 of the Nevada Constitution be repealed.
________
Assembly Resolution No. 5Assemblymen Frierson, Benitez-Thompson and Wheeler
FILE NUMBER 15
Assembly RESOLUTION — Adding former Assemblywoman Sadie Hurst to the Assembly Wall of Distinction.
Whereas, The Assembly of the Legislature of the State of Nevada has established an Assembly Wall of Distinction for those past members of the Assembly selected by leadership who served with great distinction and who made exemplary contributions to the State of Nevada; and
Whereas, Sadie Dotson was born in 1857 in Iowa and married Horton Hurst in 1881 but later divorced, leaving Sadie a single mother with two sons; and
Whereas, After Sadies sons moved to Reno, Nevada, Sadie followed suit and became active in the Womens Citizen Club in Reno when that entity was a potent force in political, social and civic issues and Sadie is quoted as saying [n]othing affects the home more than politics. The more women become interested in politics the better for the home life of our nation; and
Whereas, Sadie was passionately involved in the womens suffrage movement and helped to see the successful passage of a state ballot question in 1914 to amend the Nevada Constitution by granting voting rights to women in Nevada; and
Whereas, In November 1918 at the age of 61, Sadie became the first woman ever to be elected to the Nevada Assembly and Nevada Legislature, representing Washoe County, and during a special session in 1920, Sadie voted with the majority to ratify the 19th Amendment to the United States Constitution granting women across the nation the right to vote; and
Whereas, During her service in the Nevada Assembly, Sadie sponsored many legislative measures and, although not all those measures were successful, they demonstrate how forward-thinking she was for her time, including granting a mother full control over her children in the event of the fathers death, requiring both husband and wife to sign all deeds held as community property, allowing women to enter into any legal contracts and prohibiting acts of cruelty against animals; and
Whereas, Sometime after the end of her legislative term, Sadie left Nevada to live in Southern California, and upon her departure, the Reno League of Women Voters, the successor organization to Sadies Womens Citizen Club, held a reception in her honor to express gratitude for her outstanding contributions to the rights and welfare of women in Nevada; now, therefore, be it
Resolved by the Assembly of the State of Nevada, That, for her pioneering efforts in advancing the role of women in Nevada, opening the door for women in Nevada politics and dedicated service as the first female legislator in Nevada, Assemblywoman Sadie Hurst is hereby added to the Assembly Wall of Distinction; and be it further
κ2019 Statutes of Nevada, Page 4596 (FILE NUMBER 15, AR 5)κ
legislator in Nevada, Assemblywoman Sadie Hurst is hereby added to the Assembly Wall of Distinction; and be it further
Resolved, That this resolution becomes effective upon passage.
________
Assembly Resolution No. 6Assemblymen Frierson, Benitez-Thompson and Wheeler
FILE NUMBER 16
Assembly RESOLUTION — Adding former Assemblywoman Genie Ohrenschall Daykin to the Assembly Wall of Distinction.
Whereas, The Assembly of the Legislature of the State of Nevada has established an Assembly Wall of Distinction for those past members selected by leadership who have served with great distinction and who made exemplary contributions to the State of Nevada; and
Whereas, Born in Athens, Greece, shortly after World War II, Eugenia Genie Pintos was 9 months old when she and her mother Maria boarded a ship headed to New York City to join Genies father who was working at the United Nations; and
Whereas, Genie grew up in New York City and later moved to Washington, D.C., where she worked on Capitol Hill for Congressman James Kee (D-West Virginia); and
Whereas, Genie earned her undergraduate degree from The George Washington University and her law degree from Georgetown University Law Center, graduating at 22 years old as one of the law schools youngest graduates and one of only four women in her class; and
Whereas, Moving to Nevada, Genie became a pioneer among female attorneys in Nevada, helping to break the glass ceiling for future women by being only the 28th woman admitted to the Nevada Bar; and
Whereas, During her early legal career, she worked for renowned Reno attorney and philanthropist Robert Ziemer Hawkins and as a staff attorney at the Nevada Legislative Counsel Bureau; and
Whereas, Genie first won election to the Nevada Assembly in 1994 and went on to represent her constituents in Clark County for 6 regular sessions and 6 special sessions; and
Whereas, Some of Genies most significant legislation included a landmark measure to prevent domestic violence, a bill creating the Nevada Council for the Prevention of Domestic Violence and anti-SLAPP legislation to limit attacks on free speech; and
Whereas, Each legislative session, Genies commitment to, and empathy for, the poor and vulnerable was proven by her sponsoring bills to protect the elderly and renters, ensure payment of child support and provide sales tax exemptions for medical equipment; and
Whereas, Raising both of her children as a single mom, Genie is now the proud grandmother of two boys and married to her dear friend of more than 50 years and former colleague, former Legislative Counsel Frank W. Daykin; and
κ2019 Statutes of Nevada, Page 4597 (FILE NUMBER 16, AR 6)κ
Whereas, To this day Genie and her husband Frank continue their dedication to the people of Nevada through their service as Commissioners representing Nevada on the National Conference of Commissioners on Uniform State Laws; now, therefore, be it
Resolved by the Assembly of the State of Nevada, That, for her many years of dedicated service to the Assembly, Assemblywoman Genie Ohrenschall Daykin 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 Assemblywoman Genie Ohrenschall Daykin; and be it further
Resolved, That this resolution becomes effective upon passage.
________
Senate Concurrent Resolution No. 7Senators Hammond; Brooks, Cancela, Cannizzaro, Denis, Dondero Loop, Goicoechea, Hansen, Hardy, D. Harris, Kieckhefer, Ohrenschall, Parks, Pickard, Ratti, Scheible, Seevers Gansert, Settelmeyer, Spearman, Washington and Woodhouse
Joint Sponsors: Assemblymen Wheeler; Assefa, Backus, Benitez-Thompson, Bilbray-Axelrod, Carlton, Carrillo, Cohen, Daly, Duran, Edwards, Ellison, Flores, Frierson, Fumo, Gorelow, Hafen, Hambrick, Hansen, Hardy, Jauregui, Kramer, Krasner, Leavitt, Martinez, McCurdy, Miller, Monroe-Moreno, Munk, Neal, Nguyen, Peters, Roberts, Smith, Spiegel, Swank, Thompson, Titus, Tolles, Torres, Watts and Yeager
FILE NUMBER 17
Senate Concurrent RESOLUTION — Celebrating the sister-state relationship between the State of Nevada and Taiwan, and urging the enhancement of bilateral trade, educational and cultural relations.
Whereas, Taiwan and the United States commemorate the 40th Anniversary of the Taiwan Relations Act; and
Whereas, The United States and Taiwan share an important relationship supported by common values, including freedom, democracy, rule of law and a free market economy; and
Whereas, The State of Nevada is proud of the sister-state relationship it has enjoyed with Taiwan since 1985, which has been consolidated by strong bilateral religious, trade, educational and cultural exchanges, scientific and technological development and tourism; and
Whereas, The United States ranks as Taiwans second-largest trading partner and Taiwan ranks as the eleventh-largest trading partner of the United States, with approximately $68 billion in 2018 in goods and services traded between the United States and Taiwan, with Nevada exporting more than $56 million in goods to Taiwan, mainly including computers and electronic products, food manufactures, chemicals and machinery products; and
κ2019 Statutes of Nevada, Page 4598 (FILE NUMBER 17, SCR 7)κ
Whereas, The Asia-Pacific region is the largest market in the world for American exports, many of Nevadas exports go to markets in the Asia-Pacific region, and, as of 2018, Taiwan is Nevadas 24th largest export market in Asia; and
Whereas, Taiwan and Nevada share a 34-year history of economic exchange with over $635 million in trade occurring annually, including Nevadas small business community exporting $60 million in goods and services to Taiwan in 2018, while Nevada imported about $575 million in goods and services from Taiwan; and
Whereas, Each year over 600,000 visitors from Taiwan travel to Nevada to experience the States western spirit and world class hospitality, gastronomy and entertainment venues; and
Whereas, Over 30,000 Taiwanese citizens currently reside in Nevada and have enriched our communities while sharing their great culture and enhancing ours; now, therefore, be it
Resolved by the Senate of the State of Nevada, the Assembly Concurring, That we, the members of the Nevada Legislature, on behalf of the people we represent, reaffirm the friendship between Nevada and Taiwan, and we continue to support efforts to further strengthen Nevada-Taiwan trade, educational and cultural relations; and be it further
Resolved, That the Secretary of the Senate prepare and transmit a copy of this resolution to United States Secretary of State Michael R. Pompeo, the members of the Nevada Congressional delegation, Governor Steve Sisolak, and Director General Joseph Ma of the Taipei Economic and Cultural Office in San Francisco.
________
Senate Resolution No. 5Senators Cannizzaro, Settelmeyer; Brooks, Cancela, Denis, Dondero Loop, Goicoechea, Hammond, Hansen, Hardy, D. Harris, Kieckhefer, Ohrenschall, Parks, Pickard, Ratti, Scheible, Seevers Gansert, Spearman, Washington and Woodhouse
FILE NUMBER 18
Senate RESOLUTION — Inducting Valerie Wiener 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 have made exemplary contributions to the State of Nevada; and
Whereas, Valerie Wiener was born in Las Vegas, Nevada, to Louis Wiener, Jr., a prominent attorney, and Tui Ava Knight; and
Whereas, Valerie graduated from Las Vegas High School, earned a bachelors and masters degree in journalism from the University of Missouri and completed 3 years of study at the McGeorge School of Law; and
Whereas, Valerie served as press secretary for United States Senator Harry Reid and in 1988, she established Wiener Communications Group, a consulting firm specializing in corporate and interpersonal communications, and later established PowerMark Publishing, sharing her communications expertise through books, programs and seminars; and
κ2019 Statutes of Nevada, Page 4599 (FILE NUMBER 18, SR 5)κ
Whereas, Valerie was elected to the Nevada Senate in 1996 and served for 16 years, making her the longest-serving female native Nevadan in the history of the Legislature and the first female Legislator to serve in leadership positions in both the majority and minority parties; and
Whereas, Valerie served on many Senate standing committees, including serving as Chair of the Health and Education Committee in 2009 and Chair of the Judiciary Committee in 2011; and
Whereas, Valerie had an impressive record of legislative successes, sponsoring approximately 90 bills, 75 of which became law, and because she proudly represented Senate District Number 7, Valerie also succeeded in having many of her bills end in her lucky number 7; and
Whereas, Many of Valeries bills were aimed at addressing the safety and well-being of vulnerable persons, promoting the physical fitness and health of children and combatting childhood obesity and she has also received several awards for her role in promoting healthy and active lifestyles for school children; and
Whereas, Valerie enthusiastically encouraged civic participation by participating in Nevadas Legislator Back to School Program and by sponsoring Senate Bill No. 247, which created the Nevada Youth Legislature in 2007, and which continues to this day as a successful program that trains, mentors and advises youth to be active citizens in the democratic process; and
Whereas, The residents of Nevada are healthier, safer and more deeply involved in civic affairs because of the efforts and leadership demonstrated by Valerie; now, therefore, be it
Resolved by the Senate of the State of Nevada, That, for her many years of devoted service to the people of the State of Nevada and her continuing service as a mentor to the young people of this State, Senator Valerie Wiener is hereby inducted into the Senate Hall of Fame of the Legislature of the State of Nevada; and be it further
Resolved, That this resolution becomes effective upon passage.
________
Senate Resolution No. 6Senators Cannizzaro, Settelmeyer; Brooks, Cancela, Denis, Dondero Loop, Goicoechea, Hammond, Hansen, Hardy, D. Harris, Kieckhefer, Ohrenschall, Parks, Pickard, Ratti, Scheible, Seevers Gansert, Spearman, Washington and Woodhouse
FILE NUMBER 19
Senate RESOLUTION — Inducting Barbara Katherine Cegavske 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, Barbara Katherine Jewson was born in Faribault, Minnesota, the fourth of six children and she graduated from Mayo High School in Rochester, Minnesota; and
κ2019 Statutes of Nevada, Page 4600 (FILE NUMBER 19, SR 6)κ
Whereas, Barbaras parents owned a small business so she and her siblings were put to work at an early age, learning the tasks necessary to make a small business successful; and
Whereas, In 1974, Barbara moved to southern Nevada where she met Tim Cegavske, whom she married and while their two sons were in public school, Barbara began her involvement in public affairs by participating in the Parent Teacher Association; and
Whereas, In 1996, Barbara was elected to the Nevada Assembly and in 2002, she was elected to the Nevada Senate, serving three terms in each House; and
Whereas, During her 18 years as a Legislator, one of Barbaras primary concerns was education reform and she introduced many bills addressing innovations in teacher training and licensure, school choice, school governance, civics education, school attendance, English learning, adult education, and education in music and the arts; and
Whereas, Barbara was also deeply concerned about substance abuse, including the use of drugs, alcohol and tobacco by minors and during her first session she was successful in passing a bill providing for the suspension of drivers licenses of minors convicted of offenses involving drugs and alcohol; and
Whereas, As a Legislator, Barbara prevailed through sheer tenacity and firmness of purpose, as demonstrated by her tireless efforts to enact a graduated drivers license law so that teenage drivers may gradually gain experience, having first introduced the bill in 1999 and subsequent sessions thereafter, successfully passing the law in 2007; and
Whereas, Barbaras political philosophy was shaped by her experiences as a small business owner, respecting the system of free enterprise and the contributions of small businesses to economic growth; and
Whereas, After completing her legislative service in 2014, Barbara was elected Secretary of State where she continues to serve, however, Barbara considers her family as her most important accomplishment in her life, which includes Tim Cegavske and their two sons, Adam and Bret, and six grandchildren; now, therefore, be it
Resolved by the Senate of the State of Nevada, That, for her many years of devoted service to the people of the State of Nevada as a member of both the Nevada Senate and Assembly and her continuing service as the Nevada Secretary of State, Barbara Katherine Cegavske is hereby inducted into the Senate Hall of Fame of the Legislature of the State of Nevada; and be it further
Resolved, That this resolution becomes effective upon passage.
________
κ2019 Statutes of Nevada, Page 4601κ
Senate Concurrent Resolution No. 5Committee on Legislative Operations and Elections
FILE NUMBER 20
SENATE CONCURRENT RESOLUTION — Expressing support for the role of science in preserving the environmental and ecological conditions in the Lake Tahoe Basin and recognizing the role of the Tahoe Bi-State Executive Committee and the Tahoe Science Advisory Council in providing scientific resources to help guide decision making and planning regarding natural resources and implementation of environmental improvement projects in the Lake Tahoe Basin.
Whereas, The Lake Tahoe Basin exhibits unique environmental and ecological conditions that are irreplaceable; and
Whereas, The Nevada Legislature has recognized that this State has a compelling interest in preserving, protecting, restoring and enhancing the natural environment of the Lake Tahoe Basin; and
Whereas, The Nevada Legislature has further recognized that the preservation, protection, restoration and enhancement of the natural environment of the Lake Tahoe Basin is a matter of such significance that it must be carried out on a continual basis; and
Whereas, The State of Nevada, in collaboration with the State of California, federal agencies, the local governments of both states and the private sector, has provided continuous investment in the preservation, protection, restoration and enhancement of the Lake Tahoe Basin through the implementation of projects identified in the Environmental Improvement Program; and
Whereas, The role of science in guiding decision making is critical to the successful implementation of policies and environmental restoration in the Lake Tahoe Basin; and
Whereas, The State of Nevada, through the State Department of Conservation and Natural Resources, entered into a Memorandum of Understanding with the State of California, through the California Natural Resources Agency, establishing the Tahoe Bi-State Executive Committee to coordinate science and research activities and creating the Tahoe Science Advisory Council; and
Whereas, The Tahoe Science Advisory Council is comprised of scientific experts from research institutions and public agencies, including the University of Nevada, Reno, and the Desert Research Institute; and
Whereas, The focus of the Tahoe Science Advisory Council is to provide objective research and scientific analysis that will help support decision makers of both Nevada and California in meeting their obligations to advance attainment of environmental thresholds in the Lake Tahoe Basin and better understand impacts to the ecological health of the Basin; now, therefore, be it
Resolved by the Senate of the State of Nevada, the Assembly Concurring, That the members of the 80th Session of the Nevada Legislature do hereby express their support for the critical role of science in guiding environmental preservation, protection, restoration and enhancement efforts in the Lake Tahoe Basin; and be it further
κ2019 Statutes of Nevada, Page 4602 (FILE NUMBER 20, SCR 5)κ
Resolved, That the members of the 80th Session of the Nevada Legislature recognize the role of the Tahoe Bi-State Executive Committee and the Tahoe Science Advisory Council in providing the best available science to help guide decision making and planning regarding natural resources and implementation of environmental improvement projects in the Lake Tahoe Basin; and be it further
Resolved, That the Secretary of the Senate prepare and transmit a copy of this resolution to the Executive Director of the Tahoe Regional Planning Agency, the Director of the State Department of Conservation and Natural Resources, the Secretary of the California Natural Resources Agency, the President of the University of Nevada, Reno, the President of the Desert Research Institute, the Chancellor of the University of California, Davis, and each member of the Nevada Congressional Delegation; and be it further
Resolved, That this resolution becomes effective upon passage.
________
Senate Concurrent Resolution No. 8Senators Ohrenschall; Brooks, Cancela, Cannizzaro, Denis, Dondero Loop, Goicoechea, Hammond, Hansen, Hardy, D. Harris, Kieckhefer, Parks, Pickard, Ratti, Scheible, Seevers Gansert, Settelmeyer, Spearman, Washington and Woodhouse
Joint Sponsors: Assemblymen Yeager; Assefa, Backus, Benitez-Thompson, Bilbray-Axelrod, Carlton, Carrillo, Cohen, Daly, Duran, Edwards, Ellison, Flores, Frierson, Fumo, Gorelow, Hafen, Hambrick, Hansen, Hardy, Jauregui, Kramer, Krasner, Leavitt, Martinez, McCurdy, Miller, Monroe-Moreno, Munk, Neal, Nguyen, Peters, Roberts, Smith, Spiegel, Swank, Titus, Tolles, Torres, Watts and Wheeler
FILE NUMBER 21
Senate CONCURRENT RESOLUTION — Memorializing former Nevada Attorney General and Nevada Supreme Court Chief Justice Charles E. Springer.
Whereas, On February 19, 2019, the State of Nevada lost a dedicated and highly distinguished public servant; and
Whereas, Native Nevadan Charles Springer was born February 20, 1928, in Reno, Nevada, to Edwin and Rose Kelly Springer; and
Whereas, Charles early education began in Reno at Mount Rose Elementary School and Billinghurst Junior High School, followed by St. Josephs College in Mountain View, California, where Charles said he found his true calling in helping the poor, the underprivileged and those discriminated against by others; and
Whereas, Charles returned to Reno for his senior year at Reno High School and after graduation, at the height of World War II, enlisted in the U.S. Army where he served as a paratrooper in the 11th Airborne Division; and
κ2019 Statutes of Nevada, Page 4603 (FILE NUMBER 21, SCR 8)κ
Whereas, Following his service in the Army, Charles enrolled at the University of Nevada, Reno, met the love of his life, Jacqueline Sirkegian and they were married in 1951; and
Whereas, After Charles received his Bachelor of Arts degree, the couple moved to Washington, D.C., where Charles attended Georgetown Law School and obtained his Bachelor of Laws degree; and
Whereas, After returning to Reno in 1953, Charles served as a law clerk in the U.S. District Court and several years later, formed a law partnership, helped to develop and teach the Nevada Bar Review Course, worked as a Legislative Bill Drafter for the Nevada State Legislature and served as the City Attorney for the City of Gabbs, Nevada; and
Whereas, Charles Springer dedicated his legal career to righting wrongs and the mistreatment of others and in 1962, Governor Grant Sawyer appointed him Attorney General of the State of Nevada; and
Whereas, From 1973 to 1980, Charles Springer served as the Juvenile Court Master for the Second Judicial District Court and served as an adjunct professor at the McGeorge School of Law and the University of Nevada, Reno, and was on the faculty of the National Council of Juvenile and Family Court Judges in Reno, Nevada, and the National Judicial College in Reno, Nevada, as well as teaching occasionally abroad, and was generally recognized as an expert in the field of juvenile law; and
Whereas, In 1981, Charles Springer secured his first seat on the Nevada Supreme Court where he would serve for the next 18 years, serving twice as Chief Justice; and
Whereas, While seated on the Supreme Court, Justice Springer headed a study on gender bias in the judiciary, and piloted a study relating to racial discrimination in the States judicial system; now, therefore, be it
Resolved by the Senate of the State of Nevada, the Assembly Concurring, That the members of the 80th Session of the Nevada Legislature extend their heartfelt sympathy to Justice Springers beloved wife of 68 years, Jacqueline, daughter, Kelli Ann, son-in-law, Richard and grandchildren, Charles Tyler, Kelsey Cecelia and Karina Ann; and be it further
Resolved, That the Secretary of the Senate prepare and transmit a copy of this resolution to Justice Springers wife, Jacqueline; and be it further
Resolved, That this resolution becomes effective upon passage.
________
κ2019 Statutes of Nevada, Page 4604κ
Assembly Joint Resolution No. 2 of the 79th SessionAssemblymen 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 22
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.
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.
________
κ2019 Statutes of Nevada, Page 4605κ
Assembly Joint Resolution No. 3Committee on Natural Resources, Agriculture, and Mining
FILE NUMBER 23
ASSEMBLY Joint RESOLUTION — Expressing support for the Nevada Greater Sage-Grouse Conservation Plan and the Nevada Conservation Credit System and urging the United States Bureau of Land Management to require compensatory mitigation to offset anthropogenic disturbances in accordance with the Nevada Conservation Credit System.
Whereas, The State of Nevada is known as the Sagebrush State and the greater sage-grouse (Centrocercus urophasianus) is an important species that inhabits much of the sagebrush ecosystem in this State; and
Whereas, Restoration and maintenance of the sagebrush ecosystem is essential to sagebrush obligate species, wildlife, domestic animals, watersheds, biodiversity, culture and economic productivity in the State of Nevada; and
Whereas, In 2012, Governor Brian Sandoval issued Executive Order 2012-09, establishing the Governors Greater Sage-grouse Advisory Committee to provide the Governor with recommendations on policies and actions for developing a statewide strategy to preclude the need to list the greater sage-grouse as a threatened or endangered species; and
Whereas, Based on the recommendations of the Greater Sage-grouse Advisory Committee, Governor Sandoval issued Executive Order 2012-19, establishing the Sagebrush Ecosystem Council; and
Whereas, Executive Order 2012-19 directed the Sagebrush Ecosystem Council to implement a conservation strategy for the greater sage-grouse, identify a long-term adaptive management structure for sagebrush ecosystems that engages local stakeholders, ensure the effective implementation of these conservation and management strategies and establish a mitigation banking and credit program for sagebrush ecosystems tailored to the needs of the greater sage-grouse; and
Whereas, In 2013, the Nevada Legislature established the Sagebrush Ecosystem Council as a statutory body with duties that included the establishment of a mitigation banking and credit program; and
Whereas, The Sagebrush Ecosystem Council unanimously approved and adopted the 2014 Nevada Greater Sage-Grouse Conservation Plan, which provided strategies and actions to protect and enhance the greater sage-grouse habitat in the State of Nevada; and
Whereas, In 2014, the Sagebrush Ecosystem Council unanimously approved and adopted the Nevada Conservation Credit System and the Habitat Quantification Tool Scientific Methods Document as a science-based program to quantify habitat improvements (credits) and anthropogenic disturbances to greater sage-grouse habitat (debits) in this State; and
Whereas, The requirement for mitigation under the Nevada Conservation Credit System is critical to the success of the Nevada Greater Sage-Grouse Conservation Plan based on the demonstrated efficacy of mitigation projects to offset anthropogenic disturbances in greater sage-grouse habitat by ensuring a net conservation benefit; and
κ2019 Statutes of Nevada, Page 4606 (FILE NUMBER 23, AJR 3)κ
Whereas, In 2015, the United States Fish and Wildlife Service issued a decision that listing the greater sage-grouse as threatened or endangered was not warranted based on the establishment of adequate conservation plans and regulatory mechanisms to protect the greater sage-grouse and its associated habitat in the State of Nevada and other states with sagebrush ecosystems; and
Whereas, The 2015 decision not to list the greater sage-grouse stated the intention of the United States Fish and Wildlife Service to conduct a status review of the greater sage-grouse in 2020 and that procedures to list the greater sage-grouse as endangered or threatened could be initiated at any time if new information indicates that listing is necessary; and
Whereas, On July 24, 2018, the Bureau of Land Management issued Instruction Memorandum 2018-093 providing that the Bureau of Land Management may not require compensatory mitigation on federal lands unless a state specifically requires compensatory mitigation; and
Whereas, The State of Nevada is home to almost 14 million acres of primary or general greater sage-grouse habitat on lands managed by the Bureau of Land Management; and
Whereas, If the Bureau of Land Management ceases to require compensatory mitigation within these 14 million acres, the State of Nevada is at risk of having the greater sage-grouse listed as threatened or endangered due to a lack of effective regulatory mechanisms on these public lands; and
Whereas, On October 11, 2018, the Sagebrush Ecosystem Council unanimously recommended that the Governor of Nevada issue an Executive Order establishing explicit state requirements for mitigation of anthropogenic disturbances in greater sage-grouse habitat on state and federal lands and direct the Sagebrush Ecosystem Council to develop regulations requiring mitigation; and
Whereas, On December 7, 2018, Governor Sandoval issued Executive Order 2018-32, which required the Sagebrush Ecosystem Council to adopt regulations requiring compliance with the Nevada Greater Sage-Grouse Conservation Plan and the Nevada Conservation Credit System for the conservation of the greater sage-grouse and its habitat using compensatory mitigation for anthropogenic disturbances on state and federal lands that cannot be avoided or further minimized as determined through the Conservation Credit System; and
Whereas, Executive Order 2018-32 further provided that, as regulations are being developed and finalized, state agencies shall work with their federal counterparts and Nevada stakeholders to implement mitigation strategies in accordance with the Nevada Conservation Credit System; and
Whereas, It continues to be in the best interest of the State of Nevada to protect and enhance greater sage-grouse habitat and implement measures to preclude the listing of the greater sage-grouse by the United States Fish and Wildlife Service; now, therefore, be it
Resolved by the Assembly and Senate of the State of Nevada, Jointly, That the members of the 80th Session of the Nevada Legislature express their support for the implementation of the Nevada Greater Sage-Grouse Conservation Plan and utilization of the Nevada Conservation Credit System to provide compensatory mitigation on state and federal lands; and be it further
Resolved, That the members of the 80th Session of the Nevada Legislature urge the United States Secretary of the Interior of the United States Department of the Interior to direct the Bureau of Land Management to require compensatory mitigation to offset anthropogenic disturbances in accordance with the Nevada Conservation Credit System; and be it further
κ2019 Statutes of Nevada, Page 4607 (FILE NUMBER 23, AJR 3)κ
States Department of the Interior to direct the Bureau of Land Management to require compensatory mitigation to offset anthropogenic disturbances in accordance with the Nevada Conservation Credit System; 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 presiding officer of the United States Senate, the Speaker of the House of Representatives, each member of the Nevada Congressional Delegation, the United States Secretary of the Interior, the Director of the Bureau of Land Management and the Governor of the State of Nevada; and be it further
Resolved, That this resolution becomes effective upon passage.
________
Assembly Joint Resolution No. 4Assemblymen Miller, Assefa, Yeager, Leavitt; Backus, Bilbray-Axelrod, Carlton, Carrillo, Cohen, Daly, Duran, Edwards, Ellison, Flores, Fumo, Gorelow, Hafen, Hansen, Martinez, McCurdy, Monroe-Moreno, Munk, Neal, Nguyen, Peters, Roberts, Smith, Swank, Titus, Tolles, Torres, Watts and Wheeler
Joint Sponsors: Senators Denis, Hansen, Ohrenschall, Parks and Washington
FILE NUMBER 24
Assembly Joint RESOLUTION — Urging the President and the Congress of the United States to pass acts to combat illegal harvesting and trafficking of human organs.
Whereas, The World Health Organization estimates that approximately 10 percent of all transplanted kidneys worldwide are illegally obtained, often bought from vulnerable impoverished persons or forcibly harvested from prisoners; and
Whereas, The practice of obtaining or harvesting organs illegally has been reported and documented by the United States House of Representatives, the United States Commission on International Religious Freedom, the European Parliament, the United Nations Special Rapporteur on Torture, Amnesty International, Human Rights Watch, and many other governmental and third party organizations; and
Whereas, Multiple states and nations have passed resolutions to address, condemn, prevent, and combat illegal organ harvesting and trafficking, by means that include restricting travel for organ transplants to countries under suspicion of illegal harvesting and requiring the medical community to inform and educate patients of unethical practices in such areas; and
Whereas, The United States House of Representatives unanimously passed House Resolution 343 in 2016, the United States House of Representatives passed House Resolution 3694 in 2016, the European Parliament passed Resolution 2981 in 2013, and the United States Senate introduced Senate Resolution 220 on July 13, 2017, all of which condemn systematic, state-sanctioned organ harvesting; now, therefore, be it
κ2019 Statutes of Nevada, Page 4608 (FILE NUMBER 24, AJR 4)κ
Resolved by the Assembly and Senate of the State of Nevada, Jointly, That the Nevada Legislature supports the resolutions brought forth by the United States Congress to combat the illegal harvesting and trafficking of human organs worldwide; 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; and be it further
Resolved, That this resolution becomes effective upon passage.
________
Assembly Joint Resolution No. 6Assemblymen Thompson, Watts, Assefa, Neal; Carrillo, Flores, Fumo, Martinez, McCurdy, Miller, Monroe-Moreno and Torres
Joint Sponsors: Senators D. Harris, Spearman; and Woodhouse
FILE NUMBER 25
Assembly Joint RESOLUTION — Urging Congress to prevent the United States Census Bureau from adding a citizenship question to the 2020 decennial census.
Whereas, The United States Constitution requires that an actual Enumeration of the population be conducted every 10 years to apportion representatives in Congress among the States, according to their respective Numbers, counting the whole number of persons in each State and vests Congress with the authority to conduct that census in such Manner as they shall by Law direct, U.S. Const. Art. I § 2, cl. 3; and
Whereas, Congress, in the Census Act, 13 U.S.C. §§ 1 et seq., has delegated to the Secretary of the Department of Commerce, with the assistance of the United States Census Bureau, the responsibility to conduct the decennial census; and
Whereas, On March 26, 2018, the Secretary announced his decision to direct the Census Bureau to add to the 2020 decennial census a question concerning the citizenship of each person counted which had not been included in any decennial census since 1950; and
Whereas, The Secretarys decision is the subject of numerous legal challenges, with one federal district court having vacated the Secretarys decision on the grounds that it was arbitrary and capricious and contrary to law, in violation of the Administrative Procedure Act, 5 U.S.C. §§ 551 to 559, 701 to 706, 1305, 3105, 3344, 4301, 5335, 5372, 7521, and the Census Act, while a second found that it also violated the Enumeration Clause of the United States Constitution, and both courts having issued injunctions to prevent the Secretary from adding a citizenship question to the 2020 Census; and
Whereas, The United States Supreme Court has agreed to hear a challenge to this decision and has scheduled it for oral argument on April 23, 2019; and
κ2019 Statutes of Nevada, Page 4609 (FILE NUMBER 25, AJR 6)κ
Whereas, Research conducted by the Census Bureau during both Republican and Democratic administrations has consistently demonstrated that the inclusion of a citizenship question discourages the participation in the census of households composed of immigrants, whether or not documented, as well as mixed households composed of citizens and at least one immigrant, leading the Census Bureau to conclude nearly 40 years ago, that any effort to ascertain citizenship in a decennial census will inevitably jeopardize the overall accuracy of the population count; and
Whereas, Four former directors of the Census Bureau — appointed by Presidents of both political parties — advised the United States Supreme Court in 2016 that a one-by-one citizenship inquiry would invariably lead to a lower response rate to the Census in general; and
Whereas, An inaccurate enumeration caused by the decreased participation in the decennial census of immigrants resulting from the inclusion of the citizenship question could be particularly harmful to this State because almost 20 percent of Nevadans are immigrants, only some of whom are citizens, and over 7 per cent of the States total population are undocumented immigrants, the highest proportion in the nation and more than twice the national average; and
Whereas, The harmful political consequences to Nevada arising from an inaccurate enumeration are substantial because, in addition to serving the constitutional purposes of a fair apportionment of representation in Congress and the allocation of members of the Electoral College, the Nevada Constitution requires the reapportionment of the number of Senators and Assembly members in this State following each decennial census among the various counties or legislative districts according to the number of inhabitants in them as established by that count; and
Whereas, The harmful economic consequences to Nevada arising from an inaccurate enumeration are also substantial because, according to the State Demographer, this State stands to potentially lose out on $1,611 in federal funds each year for each resident of this State who is not counted on the 2020 decennial census; and
Whereas, The consequences of a maldistribution of political representation in Congress and the Electoral College, and within this State, and the deprivation of federal funds caused by an inaccurate decennial census are inherently unfair to the people of this State and, if allowed to occur, cannot be corrected sooner than the next decennial census in 2030; now, therefore, be it
Resolved by the Assembly and Senate of the State of Nevada, Jointly, That the members of the 80th Session of the Nevada Legislature hereby urge Congress to prevent the United States Census Bureau from adding a citizenship question to the 2020 decennial census; 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.
________
κ2019 Statutes of Nevada, Page 4610κ
Assembly Joint Resolution No. 7Committee on Natural Resources, Agriculture, and Mining
FILE NUMBER 26
Assembly Joint RESOLUTION — Expressing the opposition of the Nevada Legislature to the expansion of the Fallon Range Training Complex as described in the Fallon Range Training Complex Modernization Draft Environmental Impact Statement.
Whereas, The Fallon Range Training Complex was established in Northern Nevada in the 1940s and currently spans more than 230,000 acres of land located approximately 65 miles east of the City of Reno; and
Whereas, The United States Department of the Navy released the Fallon Range Training Complex Modernization Draft Environmental Impact Statement in November of 2018 to present three proposals for the expansion of the Fallon Range Training Complex located at the Fallon Naval Air Station; and
Whereas, The proposal preferred by the Department of the Navy would require more than 600,000 acres of land spread across Churchill, Lyon, Mineral, Nye and Pershing Counties to be allocated to the Department of the Navy for the expansion of training sites and those lands would no longer be available for public or private use by citizens; and
Whereas, Adoption of the proposal would result in numerous negative environmental and economic consequences including, without limitation: (1) conversion of land in the Fallon National Wildlife Refuge; (2) the elimination of public access for recreational purposes in certain areas; (3) conversion of land proposed for the Fox Peak Area of Critical Environmental Concern; (4) restrictions on the exploration of mineral and mining development within the converted areas; (5) reduction in livestock grazing areas in this State; and (6) the closure or reduction of at least one State Route; and
Whereas, The Legislature of this State is concerned that implementation of the Fallon Range Training Complex Modernization Project has the potential to be detrimental to the people of this State as well as the vulnerable natural resources of its public lands; now, therefore, be it
Resolved by the Assembly and Senate of the State of Nevada, Jointly, That the members of the 80th Session of the Nevada Legislature hereby express their opposition to the expansion of the Fallon Range Training Complex; 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 the Interior and each member of the Nevada Congressional Delegation; and be it further
Resolved, That this resolution becomes effective upon passage.
________
κ2019 Statutes of Nevada, Page 4611κ
Assembly Joint Resolution No. 8Committee on Natural Resources, Agriculture, and Mining
FILE NUMBER 27
ASSEMBLY Joint RESOLUTION — Expressing the opposition of the Nevada Legislature to the elimination of the Nevada State Office of the Bureau of Land Management.
Whereas, On March 13, 2017, the President of the United States required the head of each agency within the Federal Government to submit a proposed plan to reorganize the agency, if appropriate, in order to improve the efficiency, effectiveness, and accountability of that agency; and
Whereas, The Secretary of the Interior submitted a reorganization plan that, among other things, eliminates the Department of the Interiors 49 administrative regions, whose boundaries generally correspond with state lines, and replaces them with 12 unified regions, whose boundaries are determined by natural features, primarily river systems and watersheds; and
Whereas, The boundaries of the unified regions split this State in two for administrative purposes, placing Northern Nevada in the unified region that also includes most of California and a small part of Oregon, and placing Southern Nevada in the unified region that also includes Southern California and the State of Arizona; and
Whereas, The Bureau of Land Management is among the agencies, bureaus and offices of the Department of the Interior whose operations in Nevada will be split between the two new unified regions; and
Whereas, The Bureau of Land Management has a substantial presence in this State, managing and controlling 48 million surface acres and 59 million subsurface acres of public land through the Nevada State Office located in Reno and six District Offices and 11 Field Offices located elsewhere throughout the State; and
Whereas, The Secretary declared that the unified regions were effective as of August 22, 2018, and appointed Regional Facilitators for each region on November 1, 2018, but has yet to provide specific or detailed answers to many questions concerning the implementation of the reorganization plan, and Congress has yet to approve or appropriate any money for its implementation; and
Whereas, The Legislature of the State of Nevada is concerned that the implementation of the Secretarys reorganization plan has the potential to result in the elimination of the Nevada State Office of the Bureau of Land Management; now, therefore, be it
Resolved by the Assembly and Senate of the State of Nevada, Jointly, That the members of the 80th Session of the Nevada Legislature hereby express their opposition to the elimination of the Nevada State Office of the Bureau of Land Management; 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 the Interior and each member of the Nevada Congressional Delegation; and be it further
κ2019 Statutes of Nevada, Page 4612 (FILE NUMBER 27, AJR 8)κ
Senate, the Speaker of the House of Representatives, the Secretary of the Interior and each member of the Nevada Congressional Delegation; and be it further
Resolved, That this resolution becomes effective upon passage.
________
Senate Resolution No. 7Senators Cannizzaro and Settelmeyer
FILE NUMBER 28
Senate RESOLUTION — Providing for the compensation of the clergy and the coordinator of the clergy for services rendered to the Senate during the 80th Session of the Nevada Legislature.
Whereas, The members of the 80th Session of the Nevada Legislature sincerely appreciate the daily religious services that have been 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 Senate as they face the challenges and demands of a legislative session; and
Whereas, The assistance provided by the coordinator of the clergy has facilitated 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 Senate of the State of Nevada, 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 performed religious services for the Senate during the 80th Session of the Nevada Legislature; and be it further
Resolved, That the State Controller is authorized and directed to pay the sum of $1,500 to the coordinator of the clergy who facilitated the services for the Senate during the 80th Session of the Nevada Legislature; and be it further
Resolved, That this resolution becomes effective upon adoption.
________
κ2019 Statutes of Nevada, Page 4613κ
Senate Joint Resolution No. 1 of the 79th SessionSenators Parks, Segerblom and Manendo
Joint Sponsor: Assemblyman Ohrenschall
FILE NUMBER 29
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,] constitute the State Board of Pardons Commissioners.
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.
κ2019 Statutes of Nevada, Page 4614 (FILE NUMBER 29, SJR 1 of the 79th Session)κ
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.
________
Senate Joint Resolution No. 3 of the 79th SessionSenators Spearman, Ford, Ratti, Cannizzaro, Woodhouse; Cancela, Manendo, Parks and Segerblom
Joint Sponsors: Assemblymen Frierson; Daly, Joiner and Miller
FILE NUMBER 30
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:
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.
κ2019 Statutes of Nevada, Page 4615 (FILE NUMBER 30, SJR 3 of the 79th Session)κ
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.
________
Senate Joint Resolution No. 4Committee on Natural Resources
FILE NUMBER 31
SENATE Joint RESOLUTION — Expressing the support of the Nevada Legislature for the enactment of the federal Recovering Americas Wildlife Act.
Whereas, The State of Nevada is home to more than 890 species of animals, 65 of which 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 in 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, met in 2015 to examine the current system of conservation funding and recommend alternative methods of funding to support fish and wildlife conservation to ensure the sustainability of all species of fish and wildlife for current and future generations in this State; and
κ2019 Statutes of Nevada, Page 4616 (FILE NUMBER 31, SJR 4)κ
Whereas, The Panel recommended that Congress dedicate $1.3 billion dollars annually in existing revenue from the development of energy and mineral resources on federal lands and waters for programs to diversify the funding for and the management of all species of wildlife; and
Whereas, H.R. 4647, 115th Cong. (2017), commonly known as the Recovering Americas Wildlife Act, was introduced to Congress on December 14, 2017, to implement the recommendations of the Panel; and
Whereas, If enacted, the Recovering Americas Wildlife Act would provide dedicated methods of funding to provide partial financial support:
1. For the conservation of wildlife in this State;
2. For state matching funds if a dedicated method of federal funding is obtained for the conservation of wildlife in this State; and
3. To carry out the Wildlife Action Plan of the Nevada Department of Wildlife; now therefore, be it
Resolved by the Senate and Assembly of the State of Nevada, Jointly, That the members of the 80th Session of the Nevada Legislature express their support for the Recovering Americas Wildlife Act; 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 State House of Representatives, and each member of the Nevada Congressional Delegation; and be it further
Resolved, That this resolution becomes effective upon passage.
________
Senate Joint Resolution No. 7Committee on Legislative Operations and Elections
FILE NUMBER 32
SENATE JOINT RESOLUTION — Expressing support for finding innovative transportation solutions in the Lake Tahoe Basin and for the efforts of the Bi-State Working Group on Transportation.
Whereas, The Lake Tahoe Basin is an area of unique and irreplaceable natural beauty that attracts visitors from around the world who support a $5 billion tourism and outdoor recreation economy; and
Whereas, Most of these visitors rely on private automobiles to travel in and around the Lake Tahoe Basin, with newly available data showing that nearly 10 million automobiles are driven on the Basins roadways each year; and
Whereas, With its rugged landscape, strong environmental protections and nearly 90 percent of the Lake Tahoe Basin in federal or state ownership and protected as state park or national forest, the Basins roadways cannot simply be expanded in size to meet peak automobile travel demands; and
Whereas, The Tahoe Regional Planning Agency recognizes that innovative transportation solutions are necessary, and its 2017 Regional Transportation Plan offers strategies to jump-start innovation to transform transportation within the Lake Tahoe Basin; and
κ2019 Statutes of Nevada, Page 4617 (FILE NUMBER 32, SJR 7)κ
Whereas, Recognizing that transportation impacts in the Lake Tahoe Basin are a primary threat to environmental health and lake clarity throughout the Basin and a barrier to sustainable economic growth, the Director of the State Department of Conservation and Natural Resources and the Secretary of the California Natural Resources Agency agreed in 2017 to convene a Bi-State Working Group on Transportation to focus on developing innovative transportation solutions throughout the Lake Tahoe Basin based on the Regional Transportation Plan; and
Whereas, The Bi-State Working Group on Transportation consists of 21 persons representing state, local, regional and federal public agencies, business groups, the environmental community and the resort and tourism industries; and
Whereas, The Bi-State Working Group on Transportation has created a 10-year Transportation Action Plan that identifies top-priority projects, services and fair-share funding commitments from federal, state, local and private sector partners that, if achieved, will strengthen transit services to double ridership, build 32 miles of bike and pedestrian paths to link residential, commercial and recreation areas, and deploy new technologies to put real-time travel and parking information at peoples fingertips; now, therefore, be it
Resolved by the Senate and Assembly of the State of Nevada, Jointly, That the members of the 80th Session of the Nevada Legislature hereby express their support for finding innovative transportation solutions in the Lake Tahoe Basin to help protect Lake Tahoe and the surrounding ecosystem from the increasing impacts of congestion and other transportation-related challenges; and be it further
Resolved, That the members of the 80th Session of the Nevada Legislature hereby also express their support for the efforts of the Bi-State Working Group on Transportation in identifying solutions to improve mobility, increase recreational access, protect the environment and improve the quality of life for the visitors to, and residents of, the Lake Tahoe Basin; and be it further
Resolved, That the Secretary of the Senate prepare and transmit a copy of this resolution to the Executive Director of the Tahoe Regional Planning Agency, the District Manager of the Tahoe Transportation District, each member of the Bi-State Working Group on Transportation and each member of the Nevada Congressional Delegation; and be it further
Resolved, That this resolution becomes effective upon passage.
________
κ2019 Statutes of Nevada, Page 4618κ
Senate Concurrent Resolution No. 9Committee on Legislative Operations and Elections
FILE NUMBER 33
Senate Concurrent RESOLUTION — Directing the Legislative Commission to appoint a committee to conduct an interim study of the requirements for reapportionment and redistricting in the State of Nevada.
Whereas, The 81st Session of the Nevada Legislature will be required to reapportion and redistrict the election districts for the members of the Legislature, the members of the United States House of Representatives from the State of Nevada and the Board of Regents of the University of Nevada; and
Whereas, The Bureau of the Census of the United States Department of Commerce is required to deliver redistricting data from the decennial census in 2020 to the states not later than April 1, 2021, when the Nevada Legislature will already be in session; and
Whereas, The amount of data from the census in 2020 and the necessity to accomplish reapportionment and redistricting in an expeditious manner during the 81st Session of the Nevada Legislature will require additional computer software and extensive preparation and testing to allow for the generation and analysis of proposals concerning reapportionment and redistricting; and
Whereas, The reapportionment and redistricting must comply with current case law and constitutional and statutory legal requirements; and
Whereas, The Nevada Legislature has been working with the Bureau of the Census on its 2020 Census Redistricting Data Program and has participated in the Block Boundary Suggestion Project, the Voting District Project and other programs in preparation for the census in 2020 and the subsequent process of reapportionment and redistricting; 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 of the requirements for reapportionment and redistricting in this State in conjunction with the data from the decennial census of 2020; and be it further
Resolved, That the study include:
1. A continuing examination and monitoring of any redistricting systems established or recommended for use by the Nevada Legislature, including the requirements for computer equipment, computer software and the training of personnel;
2. A review of the case law concerning planning for reapportionment and redistricting in other states;
3. A review of the programs of other states relating to planning for reapportionment and redistricting;
4. The continuation of the States participation in the programs of the Bureau of the Census; and
5. To the extent practicable, the participation in programs of the Bureau of the Census and the State of Nevada to increase the awareness of the general public concerning the census to ensure a complete and accurate count of all Nevadans in the year 2020; and be it further
κ2019 Statutes of Nevada, Page 4619 (FILE NUMBER 33, SCR 9)κ
Resolved, That the Legislative Commission may enter into contracts or other necessary agreements to establish and test reapportionment and redistricting programs and computer equipment to provide for the timely and efficient commencement of data processing for reapportionment and redistricting before the Legislature convenes in 2021; 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 report to the 81st Session of the Nevada Legislature the results of the study and any action taken in preparation for and any recommendations concerning reapportionment and redistricting; and be it further
Resolved, That this resolution becomes effective upon adoption.
________
Assembly Joint Resolution No. 1Assemblymen Frierson, Benitez-Thompson, Yeager, Flores, Swank; Assefa, Backus, Bilbray-Axelrod, Carlton, Carrillo, Cohen, Daly, Duran, Fumo, Gorelow, Jauregui, Martinez, McCurdy, Miller, Monroe-Moreno, Munk, Neal, Nguyen, Peters, Spiegel, Thompson, Torres and Watts
FILE NUMBER 34
Assembly Joint RESOLUTION — Expressing objection to the transfer of radioactive plutonium to this State.
Whereas, Since 1954, when the Atomic Energy Act was passed by Congress, the Federal Government has been responsible for the regulation of nuclear materials, yet few environmental challenges have proven more daunting than the problems posed by the storage and disposal of nuclear materials; and
Whereas, The transportation of highly radioactive, weapons-grade plutonium to the Nevada National Security Site in southern Nevada poses serious and unacceptable risks to the environment, the economy and the health and welfare of the residents of the State of Nevada; and
Whereas, The United States Department of Energy failed to fulfill its statutory obligations pursuant to 50 U.S.C. § 2566(c)(1), causing a federal district court in South Carolina to order the removal of highly radioactive, weapons-grade plutonium, often referred to as defense plutonium, from the State of South Carolina by January 1, 2020; and
Whereas, In April 2018, the Department of Energy informed the State of Nevada of a potential proposal to ship defense plutonium from the State of South Carolina to the State of Nevada; and
Whereas, In August 2018, the Department of Energy publicly announced in the release of the Supplement Analysis for the Removal of One Metric Ton of Plutonium from the State of South Carolina to Nevada, Texas, and New Mexico its intent to transfer up to 1 metric ton of plutonium from South Carolina to Nevada or Texas; and
κ2019 Statutes of Nevada, Page 4620 (FILE NUMBER 34, AJR 1)κ
Whereas, Pursuant to 42 U.S.C. § 4332, federal agencies are required, to the fullest extent possible, to prepare an environmental impact statement for all major Federal actions significantly affecting the quality of the human environment; and
Whereas, In its Supplement Analysis from August 2018, the United States Department of Energy declined to prepare an environmental impact statement for the transportation to and indefinite storage of up to 1 metric ton of highly radioactive, weapons-grade plutonium in this State, failing to consider any of at least five alternatives which would pose a lower risk of environmental damage and failing to update previous studies to account for the health and safety risks of the indefinite storage of 1 metric ton of highly radioactive, weapons-grade plutonium at the Nevada National Security Site, less than 100 miles away from the Las Vegas metropolitan area which hosts over 2,200,000 residents and more than 42,000,000 tourists each year; and
Whereas, The Supplement Analysis also made use of antiquated information regarding the Las Vegas metropolitan area and thus failed to account for significant changes in population, population density, highway construction, traffic flows, accident rates and a variety of other factors related to minimizing the tremendous risks inherent in transporting hazardous and dangerous materials, like highly radioactive, weapons-grade plutonium; and
Whereas, The State of Nevada expressed its strong opposition to a transfer of South Carolina defense plutonium to the State and commenced discussions with the Department of Energy to address the concerns of the State with the transfer of the South Carolina defense plutonium, during which the Department of Energy assured the State of Nevada that the Department would not commence the shipment of the plutonium; and
Whereas, On November 30, 2018, the State of Nevada filed a complaint in federal district court and requested a preliminary injunction to halt the transfer of the plutonium into this State; and
Whereas, On January 30, 2019, the United States Department of Energy informed the United States District Court for the District of Nevada that one-half metric ton of the plutonium had already been transferred to the Nevada National Security Site sometime before November 2018, and before the commencement of the litigation; and
Whereas, On January 30, 2019, the United States District Court for the District of Nevada denied the State of Nevadas request for a preliminary injunction to halt the transfer of the plutonium into the State; and
Whereas, On February 4, 2019, the State of Nevada announced its intent to appeal the District Courts denial of the request for a preliminary injunction to the United States Court of Appeals for the Ninth Circuit; and
Whereas, The State of Nevada was neither properly informed of nor consented to the transfer of the plutonium into this State; 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 transfer of South Carolina defense plutonium or any other highly radioactive materials, including, without limitation, high-level radioactive waste as defined in NRS 459.910, to the Nevada National Security Site in southern Nevada; and be it further
κ2019 Statutes of Nevada, Page 4621 (FILE NUMBER 34, AJR 1)κ
Resolved, That the Nevada Legislature formally calls on James Richard Rick Perry, the United States Secretary of Energy, to halt immediately any future shipments of South Carolina defense plutonium or any other highly radioactive materials, including, without limitation, high-level radioactive waste as defined in NRS 459.910, to the State of Nevada, to inform appropriate officials of the State of Nevada of a timeline for the removal from this State of the plutonium shipped from the State of South Carolina and to adequately and timely inform appropriate officials of the State of Nevada of any future plans of the United States Department of Energy to transfer South Carolina defense plutonium or any highly radioactive materials, including, without limitation, high-level radioactive waste as defined in NRS 459.910, to this State; and be it further
Resolved, That the Nevada Legislature formally restates its strong and unyielding opposition to the storage or disposal of South Carolina defense plutonium or any other highly radioactive materials, including without limitation, high-level radioactive waste as defined in NRS 459.910, in the State of Nevada without its knowledge or consent; 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 United States Secretary of Energy and each member of the Nevada Congressional Delegation; and be it further
Resolved, That this resolution becomes effective upon approval.
________
Assembly Joint Resolution No. 2Assemblymen Cohen, Peters and Watts
Joint Sponsors: Senators Scheible, Ratti, Brooks, Ohrenschall and Parks
FILE NUMBER 35
Assembly Joint RESOLUTION — Urging Congress to oppose the expansion of the United States Air Force into the Desert National Wildlife Refuge in Nevada.
Whereas, The Desert National Wildlife Refuge was established in 1936 primarily to preserve the habitat necessary to protect the desert bighorn sheep; and
Whereas, At roughly 1.5 million acres in size, the Desert National Wildlife Refuge is the largest wildlife refuge in the lower 48 states and is home to over 320 species of birds, 52 species of mammals, nearly 40 species of amphibians and reptiles, including the federally protected desert tortoise, and over 500 species of plants; and
Whereas, Roughly 1.2 million acres of the Desert National Wildlife Refuge are currently proposed for designation as wilderness and have been managed by the United States Fish and Wildlife Service of the Department of the Interior as de facto wilderness since 1974; and
Whereas, The Nevada Test and Training Range was established in 1940 as an aerial gunnery and bombing range; and
κ2019 Statutes of Nevada, Page 4622 (FILE NUMBER 35, AJR 2)κ
Whereas, At approximately 2.9 million acres of land and nearly 16,000 square miles of airspace, the Nevada Test and Training Range is the largest contiguous air and ground space available for peacetime military operations in the free world and is used by the United States Air Force for testing and evaluation of weapons systems, tactics development and advanced combat training; and
Whereas, The boundaries of the Desert National Wildlife Refuge and the Nevada Test and Training Range overlap to the extent that 55 percent of the total area of the Refuge 826,000 acres lies within the Range and is used for military purposes as well as for purposes of wildlife conservation; and
Whereas, With the exception of 112,000 acres located in the heart of the Desert National Wildlife Refuge over which the Air Force exercises primary jurisdiction, and which it uses as target impact areas for both live and inert ordinance, the United States Fish and Wildlife Service exercises primary jurisdiction over the shared lands, with the Air Force exercising only secondary jurisdiction; and
Whereas, Under the terms of the Military Lands Withdrawal Act of 1999, Public Law 106-65, the Air Forces authority over all 2.9 million acres of the Nevada Test and Training Range is limited to 20 years in duration, expires on November 6, 2021, and can only be extended by an act of Congress; and
Whereas, The Department of the Air Force has notified Congress that there is a continuing military need for the land and that the Air Force is preparing a proposal for submission to Congress that not only extends its existing use of the land, but seeks to expand that use in significant ways; and
Whereas, Although the Air Force has identified several alternatives for its future use of the Nevada Test and Training Range, its preferred alternative includes: (1) increasing the total size of the Range by over 300,000 additional acres, almost all of which are within the Desert National Wildlife Refuge; (2) giving the Air Force primary jurisdiction over all the jointly administered land within the Refuge or making other legislative changes to ensure that the Air Force has the same kind of ready access necessary to engage in testing and training for major combat operations to all such land within the Refuge that it currently has throughout the rest of the Range; and (3) in effect, rendering these new arrangements permanent by eliminating the usual 20-year time limit on Congressional grants of land for military purposes; and
Whereas, The Air Forces preferred alternative for the Nevada Test and Training Range, if approved by Congress, would eliminate wilderness protections from nearly 1 million acres of land within the Desert National Wildlife Refuge, increase the threats to the survival of the Desert Bighorn Sheep, desert tortoise and other imperiled wildlife, further restrict access to areas of historical, cultural, spiritual and recreational significance to Native and other Americans, and degrade the ability of future Congresses to exercise meaningful oversight of the Air Forces discharge of its environmental responsibilities within the Refuge; and
Whereas, The final legislative environmental impact statement also includes proposals that the United States Air Force designates as Alternative 3A and Alternative 3A-1 to withdraw either 18,000 or 15,000 acres of land outside the Desert National Wildlife Refuge, but near the town of Beatty, for incorporation into the Nevada Test and Training Range, which would result in substantial encroachment on the town of Beatty and result in significant negative impacts to the local economy, including losses of revenue from existing and planned trails, ecotourism activities and mining; and
κ2019 Statutes of Nevada, Page 4623 (FILE NUMBER 35, AJR 2)κ
would result in substantial encroachment on the town of Beatty and result in significant negative impacts to the local economy, including losses of revenue from existing and planned trails, ecotourism activities and mining; and
Whereas, The Moapa Band of Paiutes have asserted in Tribal Resolution M-18-03-07 their opposition to an increase of the use and size of the Nevada Test and Training Range given that the Desert National Wildlife Refuge includes abundant ecological and cultural resources where the Southern Paiute people carved petroglyphs into rocks and left artifacts that help show how they thrived in the beautiful desert and mountain environment; now, therefore, be it
Resolved by the Assembly and Senate of the State of Nevada, Jointly, That the members of the 80th Session of the Nevada Legislature hereby urge Congress to reject any proposal by the United States Air Force to expand its use of land or exercise of jurisdiction within the Desert National Wildlife Refuge beyond that which it currently possesses and to limit any proposal to extend the Air Forces authority over the Nevada Test and Training Range to not more than 20 years; and be it further
Resolved, That the members of the 80th Session of the Nevada Legislature urge Congress to work collaboratively with all interested parties to develop a compromise alternative that would both enhance training opportunities for the United States Air Force and continue to provide essential protections for Nevadas wildlife and outdoor recreational experiences for Nevadans and visitors; and be it further
Resolved, That the Chief Clerk of the Assembly prepare and transmit a copy of this resolution to the Vice President of the United States as the presiding officer of the Senate, the Speaker of the House of Representatives 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 Resolution No. 8Committee on Legislative Operations and Elections
FILE NUMBER 36
Senate RESOLUTION — Designating certain members of the Senate as regular and alternate members of the Legislative Commission for the 2019-2021 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 Nicole Cannizzaro, Julia Ratti, Moises Denis, James Settelmeyer, Joe Hardy and Scott Hammond are designated as the regular Senate members of the Legislative Commission; and be it further
Resolved, That Senators David Parks and Joyce Woodhouse are designated as the first and second alternate members, respectively, for Senator Nicole Cannizzaro; Senators Pat Spearman and Dallas Harris are designated as the first and second alternate members, respectively, for Senator Julia Ratti; Senators Marilyn Dondero Loop and Melanie Scheible are designated as the first and second alternate members, respectively, for Senator Moises Denis; Senators Heidi Seevers Gansert and Ben Kieckhefer are designated as the first and second alternate members, respectively, for Senator James Settelmeyer; Senators Keith Pickard and Pete Goicoechea are designated as the first and second alternate members, respectively, for Senator Joe Hardy; and Senators Ira Hansen and Keith Pickard are designated as the first and second alternate members, respectively, for Senator Scott Hammond; and be it further
κ2019 Statutes of Nevada, Page 4624 (FILE NUMBER 36, SR 8)κ
Senator Moises Denis; Senators Heidi Seevers Gansert and Ben Kieckhefer are designated as the first and second alternate members, respectively, for Senator James Settelmeyer; Senators Keith Pickard and Pete Goicoechea are designated as the first and second alternate members, respectively, for Senator Joe Hardy; and Senators Ira Hansen and Keith Pickard 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; and be it further
Resolved, That this resolution becomes effective upon adoption.
________
κ2019 Statutes of Nevada, Page 4625κ
Assembly Resolution No. 7Committee on Legislative Operations and Elections
FILE NUMBER 37
Assembly RESOLUTION — Designating certain members of the Assembly as regular and alternate members of the Legislative Commission for the 2019-2021 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. Skip Daly, Ms. Lisa Krasner and Mr. Jim Wheeler are designated as the regular Assembly members; Mr. Steve Yeager and Ms. Rochelle Nguyen are designated as the first and second alternate members, respectively, for Mr. Jason Frierson; Ms. Sandra Jauregui and Ms. Selena Torres are designated as the first and second alternate members, respectively, for Ms. Teresa Benitez-Thompson; Ms. Daniele Monroe-Moreno and Ms. Shea Backus are designated as the first and second alternate members, respectively, for Ms. Maggie Carlton; Mr. Greg Smith and Mr. William McCurdy are designated as the first and second alternate members, respectively, for Mr. Skip Daly; Ms. Jill Tolles and Mr. Glen Leavitt are designated as the first and second alternate members, respectively, for Ms. Lisa Krasner; and Ms. Alexis Hansen and Mr. Chris Edwards are designated as the first and second alternate members, respectively, for Mr. Jim Wheeler; and be it further
Resolved, That this resolution becomes effective upon adoption.
________
Senate Concurrent Resolution No. 1Senators Spearman, Brooks, Denis, Parks; D. Harris, Ohrenschall, Ratti and Woodhouse
FILE NUMBER 38
Senate Concurrent RESOLUTION — Directing the Legislative Committee on Energy to conduct an interim study concerning the development of renewable energy and clean energy resources in this State.
Whereas, A renewable energy and clean energy resources program administered by appropriate state and local agencies in this State has the potential to unleash the vast clean energy resources in this State and put Nevada at the forefront of renewable energy and clean energy development as a primary means of achieving energy independence; and
Whereas, The foundation of such a program is rooted in Nevadas expansive and, to date, largely untapped potential for renewable energy and clean energy resources, including, without limitation, Nevadas underdeveloped geothermal resources, which are more substantial than in any other state, Nevadas large deposits of lithium, which are currently the only deposits producing lithium for use in the United States, and Nevadas potential for additional development of solar energy, low-temperature geothermal, waste heat to power, combined heat and power, energy storage technology and other clean energy resources which may be identified in the future; and
κ2019 Statutes of Nevada, Page 4626 (FILE NUMBER 38, SCR 1)κ
any other state, Nevadas large deposits of lithium, which are currently the only deposits producing lithium for use in the United States, and Nevadas potential for additional development of solar energy, low-temperature geothermal, waste heat to power, combined heat and power, energy storage technology and other clean energy resources which may be identified in the future; and
Whereas, Geothermal energy has the smallest carbon footprint of any form of renewable energy and can be used across a wide spectrum of temperatures, including lower temperatures capable of providing direct-use applications, such as heat for public facilities, homes, greenhouse agriculture and vegetable dehydration, and higher temperatures that can produce electricity; and
Whereas, Lithium is critical to the burgeoning electric automobile industry and for battery technology in general, with a wide array of applications for all forms of renewable energy and clean energy; and
Whereas, Systematic studies are needed to locate these renewable energy and clean energy resources, to analyze the feasibility, both technical and economic, of developing such resources, to determine the best methods for extraction of such resources and to determine if initial support is needed to assist entrepreneurial industries to develop such resources; and
Whereas, Studies are needed to understand the full potential of solar energy and its potential relationship with other forms of renewable energy, including, without limitation, enhancing geothermal energy output and determining whether the utilization of solar energy is incentivized by state and local building codes; and
Whereas, The implementation of cost-effective energy efficiency measures by state agencies in this State has the potential to save energy costs for the State of Nevada and protect and improve the environment in this State; and
Whereas, The conduct of a statewide audit to identify cost-effective energy efficiency measures for implementation by state agencies will enable the State of Nevada to realize the cost savings and environmental benefits of energy efficiency measures; now, therefore, be it
Resolved by the Senate of the State of Nevada, the Assembly Concurring, That the Legislative Committee on Energy shall conduct an interim study of the assessment and development of the renewable energy and clean energy resources available in this State with the goal of achieving energy independence and facilitating economic diversification in this State; and be it further
Resolved, That the study include consideration of methods to increase the opportunities for students in this State to study subjects related to renewable energy and clean energy at community colleges and universities in this State; and be it further
Resolved, That, in conducting the study, the Legislative Committee on Energy shall partner or consult with representatives of the Nevada System of Higher Education to examine ways to improve the training of workers in the renewable energy and lithium extraction industries, including, without limitation, ways to improve the training of workers to develop, construct, improve, maintain and repair renewable energy and lithium extraction facilities and systems and the components of those facilities and systems, including, without limitation, artificial intelligence used in those facilities and systems; and be it further
κ2019 Statutes of Nevada, Page 4627 (FILE NUMBER 38, SCR 1)κ
Resolved, That, as part of the study, the Legislative Committee on Energy may, if feasible, enter into a contract or other agreement with the University of Nevada, Reno, the University of Nevada, Las Vegas and the Desert Research Institute for the gathering of data concerning the assessment and development of renewable energy and clean energy, and a cost-benefit analysis of the various sources of supply of energy, including, without limitation, natural gas plants, geothermal facilities, solar resources, combined heat and power, waste heat to power and demand-side energy conservation resources, from obtaining the energy to the delivery of the energy or energy services to the end-user of the energy; and be it further
Resolved, That the study include the feasibility of using renewable energy resources, clean energy resources and the lithium resources in this State for various applications including, without limitation, consideration of:
1. The potential for converting existing mines into clean energy resources;
2. The potential for using direct-use geothermal energy in universities, governmental offices, prisons and other major public facilities in Nevada;
3. Methods for incentivizing the use of renewable energy resources, including on-site energy generation, in the construction of new homes and buildings;
4. Economic and regulatory barriers preventing maximum implementation of clean energy resources including, without limitation, barriers to fully utilizing existing disturbed lands as locations for clean energy resources;
5. The potential for developing geothermal resources for individual mines and mining districts;
6. The potential for the mining of heat from rocks for engineered geothermal systems in this State, including using the site in Fallon, Nevada, previously considered as the site for the Frontier Observatory for Research in Geothermal Energy (FORGE) laboratory by the United States Department of Energy;
7. The potential for locating clean energy facilities on existing brownfield sites and other previously disturbed lands such as disused landfills, mines and former industrial sites;
8. Methods for the acquisition of light detection and ranging (LiDAR) data, which is high resolution topographic data that may provide critical information on the distribution of faults and rock layers that host renewable energy resources;
9. Methods for the acquisition of new, detailed geologic and energy resource potential maps, including three-dimensional maps, to help identify areas with the greatest potential for development of geothermal and lithium resources;
10. Methods for implementing micro-grids, distributed generation and off-grid developments to innovate and increase the resiliency of the electric power grid, while reducing the losses inherent to transmission on the electric power grid;
11. The development of infrastructure and support for staff, including, without limitation, laboratories, geoscientists, data managers, web specialists, engineers and economists at state agencies and components of the Nevada System of Higher Education to facilitate implementation of a renewable energy and clean energy resources program in this State; and
12. Any other matter that the Committee determines is relevant to the study; and be it further
κ2019 Statutes of Nevada, Page 4628 (FILE NUMBER 38, SCR 1)κ
Resolved, That the study propose a framework for engaging in damage mitigation and land revitalization for the purpose of locating clean energy facilities on existing brownfield sites and other previously disturbed lands; and be it further
Resolved, That the study include economic models, including input and output modeling utilizing IMPLAN or comparable economic modeling tools, that explain potential economic impacts to this State:
1. As the State uses energy more productively through the implementation of cost-effective energy efficiency measures and programs;
2. From the reduction of energy imports from outside of the State including, without limitation, the reduction of imports of fossil fuels, including natural gas, petroleum, propane gasoline or other fossil fuels, as Nevada develops its indigenous energy resources;
3. From the reduction of imports of transportation fuels due to the increased use of electric transportation or the use of other alternative fuels produced in this State, including, without limitation, biofuels; and
4. From the electrification of transportation; and be it further
Resolved, That, in conducting the study, the Legislative Committee on Energy shall partner or consult with representatives of the Nevada System of Higher Education, the elementary and secondary education system in this State, the National Renewable Energy Laboratory and the private sector, including, without limitation, the existing renewable energy and lithium extraction industries located in this State, and consider input provided by other stakeholders including, without limitation, clean energy developers, nongovernmental organizations and professionals with expertise regarding energy transmission and the electric grid; and be it further
Resolved, That the Legislative Committee on Energy shall, if feasible, contract with the University of Nevada, Reno, the University of Nevada, Las Vegas and the Desert Research Institute to conduct a statewide audit to identify energy efficiency measures that could be implemented by agencies of the State of Nevada, determine the costs and benefits of those measures, determine the savings that could be realized by the State of Nevada if those agencies implemented the energy efficiency measures identified in the audit and make recommendations for the implementation of energy efficiency measures by those agencies; and be it further
Resolved, That the Legislative Committee on Energy shall submit a report concerning the statewide audit to the Legislature and the Governor and provide a copy of the recommendations of the statewide audit to each agency of the State of Nevada; and be it further
Resolved, That any recommended legislation proposed by the Legislative Committee on Energy 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 Committee on Energy shall submit a report of the results of the study, including, without limitation, any economic models prepared by or for the Committee, a report of any data collected and presented to the Committee concerning the assessment and development of various sources of renewable and clean energy, the potential impacts of the development of such sources of renewable and clean energy and methods for the conservation of energy and any recommendations for legislation to the 81st Session of the Nevada Legislature.
________
κ2019 Statutes of Nevada, Page 4629κ
Senate Concurrent Resolution No. 6Committee on Legislative Operations and Elections
FILE NUMBER 39
SENATE Concurrent RESOLUTION — Directing the Sunset Subcommittee of the Legislative Commission to conduct an interim study concerning professional and occupational licensing boards.
Whereas, Existing law authorizes many professional and occupational licensing boards to delegate to hearing officers the authority to hear complaints made against their licensees, but existing law does not address the appropriate qualifications for such hearing officers; and
Whereas, There is a lack of uniformity among the various professional and occupational licensing boards with respect to the training of their members, with the members of some boards not attending the training provided by the Attorney General that each member of such boards is required to attend under existing law; and
Whereas, The absence of a statutory requirement for public access to the financial audits and balance sheets of professional and occupational licensing boards creates a lack of transparency with respect to the fiscal affairs of such boards; and
Whereas, Statutory requirements that professional and occupational licensing boards use annual audits or other appropriate methods to obtain financial information would enable such boards to exercise better oversight of their budgeting and management, increase accountability and reduce the risk of mismanagement, fraud and embezzlement; and
Whereas, There is a lack of uniformity among the various professional and occupational licensing boards with respect to the maintenance of reasonable reserves with some boards having no policy at all concerning the maintenance of such reserves; and
Whereas, To avoid conflicts of interest, existing law allows many professional or occupational licensing boards to retain money collected from administrative fines only if the fine is imposed by a hearing officer and requires that such money be paid into the State General Fund if the fine is imposed directly by the board, but not all boards that are subject to that requirement comply with its terms in practice and other boards are not subject to that requirement; and
Whereas, There is a lack of uniformity in existing law and practice with respect to the manner in which the various professional and occupational licensing boards determine the amount of fees charged to their licensees; and
Whereas, There is a lack of uniformity in existing law regarding the authority of the various professional and occupational licensing boards to investigate or pursue legal or equitable remedies against persons accused of practicing the profession or occupation without a license; and
Whereas, Existing law allows some professional and occupational licensing boards to enter into contracts for services with outside legal counsel and lobbyists, but some of those boards fail to obtain approval of such contracts from the State Board of Examiners as required under existing law; and
Whereas, The status of the persons who staff the various professional and occupational licensing boards is not consistent, with some of those persons being public employees entitled to the benefits of such employment while others are non-public employees and so receive different benefits and some are treated as contractors who receive no benefits at all; and
κ2019 Statutes of Nevada, Page 4630 (FILE NUMBER 39, SCR 6)κ
persons being public employees entitled to the benefits of such employment while others are non-public employees and so receive different benefits and some are treated as contractors who receive no benefits at all; and
Whereas, There is a lack of uniformity in existing law and practice among the various professional and occupational licensing boards with respect to providing their licensees with electronic access for matters such as licensing, renewal and payment of fees; and
Whereas, Many professional and occupational licensing boards separately incur expenses for operations, such as personnel and payroll, legal advice, lobbying on certain issues and information technology, whose performance could perhaps be consolidated, centralized and executed by shared personnel at lower aggregate costs; now, therefore, be it
Resolved by the Senate of the State of Nevada, the Assembly Concurring, That the Sunset Subcommittee of the Legislative Commission is hereby directed to conduct an interim study concerning professional and occupational licensing boards; 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 81st Session of the Nevada Legislature.
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Assembly Joint Resolution No. 10Committee on Commerce and Labor
FILE NUMBER 40
Assembly Joint RESOLUTION — Proposing to amend the Nevada Constitution to prospectively increase the required minimum wage paid to employees.
Legislative Counsels Digest:
Section 16 of Article 15 of the Nevada Constitution requires private employers to pay a minimum wage of $5.15 per hour if the employer provides certain health benefits to employees or $6.15 per hour if the employer does not provide such health benefits to employees. The Constitution also requires the minimum wage to be adjusted each year by the amount of any increase 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 that the CPI adjustment for any 1-year period cannot exceed 3 percent. (Nev. Const. Art. 15, §16) This joint resolution proposes to amend the Nevada Constitution to instead set the minimum wage at $12 per hour worked beginning July 1, 2024, regardless of whether the employer provides health benefits to employees. In addition, this joint resolution removes the annual adjustment to the minimum wage and instead provides that if at any time the federal minimum wage is greater than $12 per hour worked, the minimum wage is increased to the amount established for the federal minimum wage. In addition, this joint resolution allows the Legislature to establish a minimum wage that is greater than the hourly rate set forth in the Constitution.
κ2019 Statutes of Nevada, Page 4631 (FILE NUMBER 40, AJR 10)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 16 of Article 15 of the Nevada Constitution be amended to read as follows:
Sec. 16. Payment of minimum compensation to employees.
[A. Each]
1. Except as otherwise provided in this section, beginning July 1, 2024, each employer shall pay a wage to each employee of not less than [the hourly rates set forth in this section. The rate shall be five dollars and fifteen cents ($5.15)] twelve dollars ($12) 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]
2. If, at any time, the amount of 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 greater than twelve dollars ($12) per hour worked, each employer must pay a wage to each employee of not less than the hourly rate established for the federal minimum wage.
3. The Legislature may establish by law a minimum wage that an employer must pay to each employee that is greater than the hourly rate required by this section.
4. Tips or gratuities received by employees shall not be credited as being any part of or offset against the wage rates required by this section.
[B. The]
5. Except as otherwise provided in this section, the provisions of this section may not be waived by agreement between an [individual] 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.
κ2019 Statutes of Nevada, Page 4632 (FILE NUMBER 40, AJR 10)κ
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 , in any manner, 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.
7. An employee claiming violation of this section [may] is entitled to bring an action against his or her employer in the courts of this State 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 be awarded his or her reasonable attorneys fees and costs.
[C.] 8. As used in this section [, employee] :
(a) 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.
(b) 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.] 9. 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.
And be it further
Resolved, That this resolution becomes effective on July 1, 2024.
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κ2019 Statutes of Nevada, Page 4633κ
Assembly Concurrent Resolution No. 9Assemblymen Frierson, Monroe-Moreno; Assefa, Backus, Benitez-Thompson, Bilbray-Axelrod, Carlton, Carrillo, Cohen, Daly, Duran, Edwards, Ellison, Flores, Fumo, Gorelow, Hafen, Hambrick, Hansen, Hardy, Jauregui, Kramer, Krasner, Leavitt, Martinez, McCurdy, Miller, Munk, Neal, Nguyen, Peters, Roberts, Smith, Spiegel, Swank, Titus, Tolles, Torres, Watts, Wheeler and Yeager
Joint Sponsors: Senators Spearman, Cannizzaro; Brooks, Cancela, Denis, Dondero Loop, Goicoechea, Hammond, Hansen, Hardy, D. Harris, Kieckhefer, Ohrenschall, Parks, Pickard, Ratti, Scheible, Seevers Gansert, Settelmeyer, Washington and Woodhouse
FILE NUMBER 41
Assembly Concurrent RESOLUTION — Celebrating the life of Assemblyman Odis Tyrone Thompson.
Whereas, The members of the Nevada Legislature on this day remember and celebrate the life of an esteemed colleague and dedicated public servant, State Assemblyman Odis Tyrone Thompson; and
Whereas, Assemblyman Thompson was born on September 30, 1967, in Las Vegas, Nevada, to Odis and Vertis Thompson; and
Whereas, After graduating from Valley High School in Las Vegas in 1985, and graduating from Northern Arizona University in 1989, Assemblyman Thompson began a career in Nevada spanning three decades dedicated to public service, serving in various capacities in local and state government and volunteering for many important causes, including working on behalf of abused and neglected children in the foster care system as a court-appointed special advocate for more than 17 years; and
Whereas, When Assemblyman Thompson was appointed to the Nevada Assembly to fill a vacancy during the 2013 Legislative Session, he took the opportunity to study the issues and discovered a passion for representing his constituents, especially underrepresented persons, including homeless and vulnerable persons; and
Whereas, Assemblyman Thompsons hard work was rewarded when subsequently, he was elected to serve three more terms representing Assembly District 17; and
Whereas, During his tenure at the Nevada Legislature, Assemblyman Thompson championed many significant legislative measures, including legislation strengthening and expanding mentoring programs; seeking educational opportunities for pupils; addressing issues faced by homeless youth; dealing with important health care issues; addressing the reintegration of criminal offenders and much more; and
Whereas, Assemblyman Thompson served on various committees and held many positions at the Legislature, including being selected to serve during the 2019 Legislative Session as Assembly Majority Whip and Chair of the Assembly Committee on Education; and
Whereas, Assemblyman Thompson was a leader in his community, a role model and a selfless, hardworking public servant; and
κ2019 Statutes of Nevada, Page 4634 (FILE NUMBER 41, ACR 9)κ
Whereas, Above all else, Assemblyman Thompson loved his family and made certain his mother knew he held her dear, sending her flowers every Monday that he could not be with her while he was serving at the Legislature; and
Whereas, Assemblyman Thompsons famous heartwarming smile will be long remembered as the embodiment of his character, and his tireless advocacy, compassion for others, leadership, dedication and work ethic will continue to serve as an inspiration; now, therefore, be it
Resolved by the Assembly of the State of Nevada, the Senate Concurring, That the 80th Session of the Nevada Legislature remember and celebrate the life of Assemblyman Tyrone Thompson on this day and extend their deepest condolences to Tyrones cherished mother, Vertis, his sister Sonja, and his extended family; and be it further
Resolved, That the Chief Clerk of the Assembly prepare and transmit a copy of this resolution to Assemblyman Thompsons mother and sister.
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Assembly Concurrent Resolution No. 11Committee on Legislative Operations and Elections
FILE NUMBER 42
Assembly Concurrent RESOLUTION — Granting administrative leave to legislative employees in recognition of their service to the 80th Session of the Nevada Legislature.
Whereas, The staff of the Nevada Legislature and the Administrative, Audit, Fiscal Analysis, Legal and Research Divisions of the Legislative Counsel Bureau provide services to the Legislature which are vital to an efficient and productive session of the Nevada Legislature; and
Whereas, The additional employees hired specifically for the legislative session also provide essential services with dedication, competence and enthusiasm throughout the long days of the session; and
Whereas, Extraordinary demands are routinely placed on legislative employees as a result of the time constraints of the 120-day limitation on the length of the legislative session, and the entire legislative staff has demonstrated their amazing work ethic and ability to overcome obstacles, meet deadlines, assist legislators, exhibit patience, flexibility and dedication; and
Whereas, Former Assemblyman Bob Price and Former Senator Debbie Smith had a tradition of introducing legislation to allow the Legislature to recognize the hard work and dedication of legislative employees by granting administrative leave following each legislative session; and
Whereas, In keeping with that tradition, the members of the 80th session of the Nevada Legislature do hereby recognize and express their sincere gratitude for the outstanding effort made by the permanent employees of the Legislature and Legislative Counsel Bureau and by all other employees hired temporarily for the legislative session; now, therefore, be it
Resolved by the Assembly of the State of Nevada, the Senate Concurring, That 3 days of administrative leave are hereby granted to each:
κ2019 Statutes of Nevada, Page 4635 (FILE NUMBER 42, ACR 11)κ
1. Permanent employee of the Legislature and Legislative Counsel Bureau who is employed on the last day of session; and
2. Employee of the Legislature and Legislative Counsel Bureau hired temporarily for the legislative session who:
(a) Is employed by the Legislature or Legislative Counsel Bureau on the last day of this session; and
(b) If requested to do so by the employees supervisor, remains in that employment after the last day of this session until all tasks assigned to the employee during the session are completed.
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Senate Concurrent Resolution No. 3Senators Spearman, Parks; D. Harris and Scheible
FILE NUMBER 43
Senate Concurrent RESOLUTION — Directing the Legislative Committee on Energy to conduct an interim study to consider alternative solutions for transportation system funding in Nevada.
Whereas, The use of electric vehicles in the State of Nevada has increased in recent years; and
Whereas, Accelerating the use of electric vehicles will help preserve Nevadas climate and help protect Nevadans from unhealthy air pollution; and
Whereas, The maintenance of public roads and highways in the State of Nevada is funded, in part, from revenue generated by fuel taxes; and
Whereas, As Nevada moves toward a cleaner transportation system, new approaches will be required to adequately fund the maintenance of our public roads and highways; now, therefore, be it
Resolved by the Senate of the State of Nevada, the Assembly Concurring, That the Legislative Committee on Energy is hereby directed to conduct a study during the 2019-2020 interim to consider alternative solutions for transportation system funding in the State of Nevada; and be it further
Resolved, That the interim study must include, without limitation, an examination of:
1. The benefits of the use of electric vehicles and the costs of transportation-related pollution, including without limitation, greenhouse gas emissions, in Nevada;
2. Nevadas funding needs for maintaining public roads and highways;
3. Methods to ensure that owners of all vehicles in the State of Nevada equitably contribute to the cost to maintain public roads and highways, while maximizing social benefits and minimizing social costs; and
4. Any other matters which are deemed relevant to the funding of the transportation system in this State; and be it further
Resolved, That the Legislative Committee on Energy shall, on or before February 1, 2021, submit a report of the results of the study and any recommended legislation to the 81st Session of the Nevada Legislature; and be it further
κ2019 Statutes of Nevada, Page 4636 (FILE NUMBER 43, SCR 3)κ
Resolved, That the Secretary of the Senate prepare and transmit a copy of this resolution to the Director of the Department of Transportation.
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EMERGENCY REQUEST of Senate Majority Leader
Senate Joint Resolution No. 8Senators Cannizzaro, Spearman, Ratti, Woodhouse, Parks; Brooks, Cancela, Denis, Dondero Loop, D. Harris, Ohrenschall and Scheible
FILE NUMBER 44
SENATE JOINT RESOLUTION — Proposing to amend the Nevada Constitution to guarantee equal rights.
Legislative Counsels Digest:
Existing law provides numerous prohibitions against discrimination on the basis of sex and other characteristics. (See, for example, NRS 62B.510, 217.420, 274.140, 281.370, 284.150, 288.270, 319.060, 338.125, 396.530, 463.151, 463.4076, 610.020, 610.150 and 613.330) This resolution proposes to amend the Nevada Constitution by adding a guarantee that equality of rights under the law shall not be denied or abridged by this State or any of its political subdivisions on account of race, color, creed, sex, sexual orientation, gender identity or expression, age, disability, ancestry or national origin.
If this resolution is passed by the 2019 Legislature, it must also be passed by the next Legislature and then approved and ratified by the voters in an election before the proposed amendment to the Nevada Constitution becomes effective.
EXPLANATION Matter in bolded italics is new; matter between
brackets [omitted material] is material to be
omitted.
Whereas, The Fourteenth Amendment to the United States Constitution prohibits any state from denying to any person within its jurisdiction the equal protection of the laws; and
Whereas, The Nevada Supreme Court has interpreted the requirement of Section 21 of Article 4 of the Nevada Constitution that all laws shall be general and of uniform operation throughout the State to be coextensive with the guarantees of the Equal Protection Clause of the Fourteenth Amendment to the United States Constitution; and
Whereas, The generality of the language used in the Fourteenth Amendment to the United States Constitution and Section 21 of Article 4 of the Nevada Constitution has allowed the Judicial branches of the Federal and State governments to establish a hierarchy within the persons entitled to the protection of the laws; and
Whereas, The United States Supreme Court has recognized that each individual state may adopt its own constitution and provide its citizens more expansive individual liberties than those provided by the Federal Constitution; and
Whereas, The Legislature of this State wishes to strictly guarantee the equality of rights under law to certain persons within its jurisdiction; now, therefore, be it
κ2019 Statutes of Nevada, Page 4637 (FILE NUMBER 44, SJR 8)κ
Resolved by the Senate and Assembly of the State of Nevada, Jointly, That a new section, designated Section 24, be added to Article 1 of the Nevada Constitution to read as follows:
Sec. 24. Equality of rights under the law shall not be denied or abridged by this State or any of its political subdivisions on account of race, color, creed, sex, sexual orientation, gender identity or expression, age, disability, ancestry or national origin.
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Senate Concurrent Resolution No. 10Committee on Legislative Operations and Elections
FILE NUMBER 45
Senate Concurrent RESOLUTION — Directing the Legislative Commission to study the feasibility, viability and design of a public healthcare insurance plan that may be offered to all residents of this State.
Whereas, Nevada continually ranks among the lowest of all states in national healthcare rankings; and
Whereas, Nevada faces difficulties in attracting private providers of health insurance to the Nevada marketplace; and
Whereas, Although the State maintains a robust system of healthcare coverage for the public sector that supports more than 70,000 Nevadans through the Public Employees Benefits Program, small businesses and individual participants in the Nevada healthcare insurance market face expensive or insufficient options for healthcare coverage; and
Whereas, The Nevada Legislature has an inherent interest in protecting the health, safety and general welfare of all Nevadans; now, therefore, be it
Resolved by the Senate of the State of Nevada, the Assembly Concurring, That the Legislative Commission is hereby directed to study the feasibility, viability and design of a public healthcare insurance plan that is made available to all residents of this State and that will:
1. Improve stability in the health insurance market in this State;
2. Reduce the number of Nevadans without health insurance coverage; and
3. Increase access to affordable coverage for health care and services to all Nevadans; and be it further
Resolved, That to complete the study, the Legislative Commission may enter into a contract with one or more consultants to conduct an actuarial or other appropriate analyses to determine:
1. The feasibility of offering a public option health insurance plan that is established to allow any resident of this State to participate in the Public Employees Benefits Program and the effect that such an option would have on individual and small group health insurance markets;
2. The amount of premiums charged by health insurers in this State and the premiums that would need to be charged to persons who elect to participate in a public option health insurance plan within the Public Employees Benefits Program;
κ2019 Statutes of Nevada, Page 4638 (FILE NUMBER 45, SCR 10)κ
3. Any plan modifications that may need to be made to the Public Employees Benefits Program if offered as a public option health insurance plan;
4. Any reasonable and allowable requirements to impose on eligibility to participate in a public option health insurance plan within the Public Employees Benefits Program;
5. The impact of offering a public option health insurance plan within the Public Employees Benefits Program on:
(a) The budget for the State;
(b) The stability of the insurance market generally and the Nevada health benefit exchange; and
(c) The rate of uninsured persons in this State;
6. The feasibility of establishing a pilot program to offer a public health insurance plan in areas of the State which have limited options for obtaining health insurance and where it is unaffordable for many because the premium rates are higher than in other parts of the State;
7. The feasibility of offering a statewide public health insurance plan through a public-private partnership; and
8. Any legal considerations and statutory or regulatory changes that may be necessary to carry out any public health insurance whether or not included within the Public Employees Benefits Program; and be it further
Resolved, That the Chair of the Legislative Commission or his or her designee shall be designated to provide direction to the consultant regarding the study; and be it further
Resolved, That any consultant engaged to carry out any part of the study shall, as appropriate, consult with and solicit the input of state agencies with expertise in matters relevant to access to and quality of health care, the cost of health insurance plans, the impact of federal subsidies on the cost of health care, alternative models for provider reimbursement and short-term and long-term marketplace sustainability; and be it further
Resolved, That the Legislative Commission may apply for and accept any grants, gifts, donations, bequests or others sources of money to carry out the study; and be it further
Resolved, That upon completion of work by any consultant, the consultant shall prepare a report of its findings for presentation or submission to the Legislative Commission; and be it further
Resolved, That the Legislative Commission submit a report of the results of the study to the 81st 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 Chair of the Public Employees Benefits Program; and be it further
Resolved, That this resolution becomes effective upon adoption.
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κ2019 Statutes of Nevada, Page 4639κ
Assembly Concurrent Resolution No. 4Committee on Legislative Operations and Elections
FILE NUMBER 46
ASSEMBLY Concurrent RESOLUTION — Directing the Legislative Commission to appoint a committee to conduct an interim study concerning wildfires.
Whereas, There is a growing threat of wildfires throughout the Western United States; and
Whereas, The State of Nevada has recently experienced several large and devastating wildfires; and
Whereas, A thorough legislative study of issues relating to wildfires is in the interest of the people of this State; 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 as soon as practicable a committee to conduct an interim study concerning wildfires, as described herein, which is composed of:
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. Two members approved by the Legislative Commission, consisting of:
(a) One member who is recommended by the Inter-Tribal Council of Nevada, Inc., or its successor organization, to represent tribal governments in Nevada; and
(b) One member who is recommended by the senior United States Senator for Nevada; and be it further
Resolved, That the Legislative Commission shall designate one of the members appointed to the committee who is a Legislator to serve as the Chair of the committee; and be it further
Resolved, That in performing the study, the committee shall consider, without limitation:
1. Methods of reducing wildfire fuels;
2. Issues related to early responses to wildfires; and
3. The economic impact of wildfires on the State and local communities; and be it further
Resolved, That the committee should consult with and solicit input and recommendations from persons, entities and organizations with expertise in matters relevant to wildfires; and be it further
Resolved, That any recommended legislation proposed by the committee must be:
1. Voted upon only by the members appointed to the committee who are Legislators; and
2. 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
κ2019 Statutes of Nevada, Page 4640 (FILE NUMBER 46, ACR 4)κ
Resolved, That the Legislative Commission 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 81st Session of the Nevada Legislature; and be it further
Resolved, That this resolution becomes effective upon passage.
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Assembly Concurrent Resolution No. 6Assemblywoman Cohen
FILE NUMBER 47
Assembly Concurrent RESOLUTION — Directing the Legislative Commission to create an interim committee to study the working conditions at licensed brothels.
Whereas, It is unlawful for any person to engage in prostitution or the solicitation therefor, except in a licensed house of prostitution; and
Whereas, There are numerous licensed brothels operating within the boundaries of this State; and
Whereas, The regulations of the State Board of Health require sex workers in licensed brothels and prospective workers to be tested for the presence or absence of human immunodeficiency virus (HIV) and other sexually transmitted diseases; and
Whereas, The regulations of the Board include certain other requirements regarding licensed brothels related to public health and the control of communicable diseases; and
Whereas, The Nevada Legislature has an inherent interest in the health, safety and general welfare of all workers in the State, including sex workers in licensed brothels, and wishes to be well informed on these matters; 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 health and well-being of workers at licensed brothels, as described herein, which is composed of:
1. Three members of the Assembly; and
2. Three members of the Senate; 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 study must include, without limitation, an examination of:
1. The extent to which the rules and working conditions in licensed brothels provide for the health, safety and general welfare of sex workers in licensed brothels;
2. The ways in which contracts between sex workers in licensed brothels and brothel owners and operators protect the physical and mental health of those workers;
3. The adequacy of oversight and regulation by the State and licensing and law enforcement units of local government with respect to the health, safety and general welfare of workers in licensed brothels; and
κ2019 Statutes of Nevada, Page 4641 (FILE NUMBER 47, ACR 6)κ
4. Employment issues, including, without limitation, the classification of sex workers as employees versus independent contractors; and be it further
Resolved, That the committee shall consult with and solicit the input of interested stakeholders, including, without limitation:
1. Units of local governments which licensed brothels;
2. Owners and operators of brothels;
3. Law enforcement agencies; and
4. Workers in licensed brothels; 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 ratified recommended legislation to the 81st 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 State Board of Health and the governing bodies of those units of local government which license brothels in the State; and be it further
Resolved, That this resolution becomes effective upon passage.
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Assembly Concurrent Resolution No. 7Committee on Judiciary
FILE NUMBER 48
Assembly Concurrent RESOLUTION — Directing the Legislative Commission to appoint a committee to conduct an interim study of issues relating to driving under the influence of marijuana.
Whereas, It is unlawful for a person to drive while under the influence of marijuana in the State of Nevada; and
Whereas, The State of Nevada legalized the medical use of marijuana in 2001 and the recreational use of marijuana in 2016; and
Whereas, The legal marijuana industry in the State of Nevada is growing; 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 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 issues relating to driving under the influence of marijuana within the State of Nevada; and be it further
Resolved, That the interim study must include, without limitation, an examination of:
1. Scientific evidence relating to driving under the influence of marijuana;
2. Data from Nevada and any other state that has legalized the use of marijuana in any capacity on the number of arrests and convictions for driving under the influence of marijuana, including, without limitation, any change in such number after the legalization of the use of marijuana;
κ2019 Statutes of Nevada, Page 4642 (FILE NUMBER 48, ACR 7)κ
driving under the influence of marijuana, including, without limitation, any change in such number after the legalization of the use of marijuana;
3. The approaches other states that have legalized the use of marijuana have taken to address the issue of driving under the influence of marijuana;
4. Any new and existing products, tests and methods to observe or determine a persons level of impairment caused by the use of marijuana at the scene of a vehicle crash or where a police officer stops a vehicle or a convenient place for the administration of an evidentiary test;
5. The existing laws of this State regarding driving under the influence of marijuana and an evaluation of whether those laws should be changed to address issues relating to driving under the influence of marijuana, including, without limitation, whether such laws should differentiate between holders of a valid registration identification card and recreational users of marijuana;
6. How a change in laws regarding driving under the influence of marijuana may impact other laws of this State, including, without limitation, workers compensation and employment and labor laws; and
7. Any other matters which are deemed relevant to the issue of driving under the influence of marijuana in this State; 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 recommended legislation to the 81st Session of the Nevada Legislature; and be it further
Resolved, That this resolution becomes effective upon passage.
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Assembly Concurrent Resolution No. 10Committee on Legislative Operations and Elections
FILE NUMBER 49
Assembly Concurrent RESOLUTION — Amending the Joint Standing Rules of the Senate and Assembly for the 80th Session of the Legislature.
Resolved by the Assembly of the State of Nevada, the Senate Concurring, That Rule No. 20.5 of the Joint Standing Rules of the Senate and Assembly as adopted by the 80th Session of the Legislature is hereby amended 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.
κ2019 Statutes of Nevada, Page 4643 (FILE NUMBER 49, ACR 10)κ
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;
(c)] The Director of the Legislative Counsel Bureau; or
[(d)] (b) 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. Unless the Legislative Counsel is the subject of the complaint, the Legislative Counsel must be informed upon receipt of a complaint.
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. The provisions of this policy are not intended to address conduct between lobbyists and must not be used for that purpose. This policy does not create any private right of action or enforceable legal rights in any person.
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EMERGENCY REQUEST of Senate Majority Leader
Senate Concurrent Resolution No. 11Senator Cannizzaro
Joint Sponsors: Assemblymen Neal, Fumo; Benitez-Thompson and Yeager
FILE NUMBER 50
Senate Concurrent RESOLUTION — Directing the Legislative Commission to appoint a committee to conduct an interim study of issues relating to pretrial release of defendants in criminal cases.
Whereas, The Nevada Constitution and existing Nevada law require all persons arrested for offenses other than murder of the first degree to be admitted to bail unless certain circumstances apply; and
Whereas, It would be beneficial to conduct a thorough examination of issues relating to pretrial release of defendants in criminal cases; now, therefore, be it
κ2019 Statutes of Nevada, Page 4644 (FILE NUMBER 50, SCR 11)κ
Resolved by the Senate of the State of Nevada, the Assembly Concurring, That the Legislative Commission is hereby directed to appoint, as soon as practicable after July 1, 2019, a committee to conduct an interim study relating to pretrial release of defendants in criminal cases; and be it further
Resolved, That the interim committee must be composed of six Legislators selected as follows:
1. Two members of the Senate appointed by the Majority Leader of the Senate;
2. Two members of the Assembly appointed by the Speaker of the Assembly;
3. One member of the Senate appointed by the Minority Leader of the Senate; and
4. One member of the Assembly appointed by the Minority Leader of the Assembly; and be it further
Resolved, That the study must include, without limitation, an examination of the following issues relating to the pretrial release of defendants in criminal cases:
1. The timeliness and conduct of hearings to consider the pretrial release of defendants;
2. The circumstances under which defendants should be released on their own recognizance;
3. The imposition of monetary bail as a condition of pretrial release and the considerations relating to the setting of the amount of any monetary bail;
4. The imposition of appropriate conditions of pretrial release to ensure reasonably the safety of the community and the appearance of the defendant in court as required;
5. The circumstances under which the conditions of pretrial release of a defendant should be modified;
6. Effects of the statewide implementation of the Nevada Pretrial Risk Assessment tool;
7. The impact of race, gender and economic status as it pertains to the pretrial release of defendants, which must include taking testimony from affected communities and individuals;
8. The fiscal impact of any potential or recommended changes to the laws pertaining to pretrial release of defendants; and
9. Any other relevant matters pertaining to the pretrial release of defendants; 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 81st Session of the Nevada Legislature; and be it further
Resolved, That this resolution becomes effective upon passage.
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