[Rev. 3/13/2024 9:52:07 AM]
κ2023 Statutes of Nevada, Page 3717κ
Assembly Resolution No. 2Committee on Legislative Operations and Elections
FILE NUMBER 6
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 82nd Session of the Legislature of the State of Nevada: Diane Abbott, Carol Aiello-Sala, Cindy Benjamin, Meghan Burke, Jason Hataway, Susan Hoffman, Julieanna McManus, Mary Matheus, Ronald Corda, Robert Guernsey, Vickie Kieffer, Nicole Madden, Kelley Perkins, Joseph Pollock, Lisa Tolda, Michael Wright, Sylvia Dominguez-Curry, Barbara Eiche, Jasmine Shackley, Jan Wolfley, Saramei Kalaoram, Merleyn Bell, David Ziegler, Ryan Leonard, Nathaniel Helton, Sandy Dombrowski, Kevin Magee, Daniel Honchariw, Sarah Franklin, Laura Austin, Julie Axelson, Connie Barlow, Kathy Biagi, Judith Bishop, Anne Bowen, Tyler Boyce, Travis Brewer LaChapelle, Brian Burke, Kevin Castellanos, Caleb Chavez, Nick Christie, Joseline Cuevas, Nancy Davis, Tracy Davis, Natalie Dean, Ana Delgadillo, Patricia Demsky, Traci Dory, Erinn Durmick, Adrienne Feemster Cobb, Jeffrey Ferguson, Sandro Figueroa, Linda Fitzgerald, Spencer Flanders, Sarah Flocchini, Akyra Ford, Anna Freeman, Dawson Frost, Joi Guthrie, Gina Hall, Justin Hopson, Theresa Horgan, Kristi Howard, Lindsey Howell, Cynthia Ihejirika, Shuruk Ismail, Natalia Jordan, Devon Kajatt, Norma Kea, Breon King, Garrett Kingen, Aaron Klatt, Mark Krmpotic, Leya Ladzinski, Cyndi Latour, Janet Lazarus, Elizabeth Lepe, Roberto Lusanta Jr., Kirsten Mashinter, Lori McCleary, Cullen McGinnis, Sara Menke, Chris Molnar, Susan Moore, Carmen Neveau, Maria Nieto Orta, William ODriscoll, Janet Osalvo, Kelly Osborne, Cindy Paiva, Deborah Paul, Marcy Peterson, Andrew Presser, Shiloh Reading, Henry Rosas Ibarra, Karen Rutledge, Peter Saba, Elizabeth Saenz, Julia Salas, Christina Salerno, Ethan Salerno, Marshawna Sanford, Connor Schmitz, Funmi Sheddy, Dylan Small, Nixie Sosa Morales, Jean Spell, Shreya Sreedharan, Geigy Stringer, Victoria Supple, Garrett Tamagni, Ashley Torres, Bet Nimra Torres Perez, Betty Jo Vonderheide, Jeffrey Welte, Karyn Werner, Sylvia Wiese, Cheryl Williams, Spencer Wines, Janice Wright, Caren Royce Yap and Alyssa Zucco; and be it further
Resolved, That this resolution becomes effective upon adoption.
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κ2023 Statutes of Nevada, Page 3718κ
Assembly Resolution No. 3Committee on Legislative Operations and Elections
FILE NUMBER 7
Assembly RESOLUTION—Providing allowances to the leadership and other members of the Assembly for periodicals, stamps, stationery and communications.
Resolved by the Assembly of the State of Nevada, That the sum to be allowed, as provided by law, for each member of the Assembly for periodicals, stamps and stationery is $60 and for the use of telephones is $2,800, and the sum to be allowed, as provided by law, for the Speaker and Speaker Pro Tempore, Majority Floor Leader, Minority Floor Leader and chair of each standing committee of the Assembly for postage, telephone tolls and other communication charges is $900; and be it further
Resolved, That these amounts be certified by the Speaker and Chief Clerk to the State Controller, who is authorized to draw warrants therefor on the Legislative Fund, and the State Treasurer is thereafter authorized to pay these warrants; and be it further
Resolved, That this resolution becomes effective upon adoption.
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Assembly Concurrent Resolution No. 2Committee on Legislative Operations and Elections
FILE NUMBER 8
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 82nd (2023) 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 $10,000 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; and be it further
Resolved, That this resolution becomes effective upon adoption.
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κ2023 Statutes of Nevada, Page 3719κ
Assembly Resolution No. 4Committee on Legislative Operations and Elections
FILE NUMBER 9
Assembly RESOLUTION—Providing for the appointment of additional attaches for the Assembly.
Resolved by the Assembly of the State of Nevada, That Kimberly Pond and Sharon Carter are elected as additional attaches of the Assembly for the 82nd Session of the Nevada Legislature; and be it further
Resolved, That this resolution becomes effective upon adoption.
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Assembly Joint Resolution No. 10 of the 81st SessionAssemblymen Watts, C.H. Miller, Frierson, Brittney Miller, Monroe-Moreno; Summers-Armstrong and Thomas
Joint Sponsors: Senators D. Harris, Neal and Spearman
FILE NUMBER 10
Assembly Joint RESOLUTION—Proposing to amend the Ordinance of the Nevada Constitution and the Nevada Constitution to remove language authorizing the use of slavery and involuntary servitude as a criminal punishment.
Legislative Counsels Digest:
Under the Ordinance of the Nevada Constitution and the Nevada Constitution, slavery and involuntary servitude are prohibited except as punishment for a crime. (Ordinance of the Nevada Constitution; Nev. Const. Art. 1, § 17) This resolution proposes to amend the Ordinance of the Nevada Constitution and the Nevada Constitution to remove language authorizing the use of slavery and involuntary servitude as a criminal punishment. If this resolution is passed by the 2021 Legislature, it must also be passed by the next Legislature and then approved and ratified by voters in an election before the proposed amendments become effective.
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 the Ordinance of the Nevada Constitution be amended to read as follows:
In obedience to the requirements of an act of the Congress of the United States, approved March twenty-first, A.D. eighteen hundred and sixty-four, to enable the people of Nevada to form a constitution and state government, this convention, elected and convened in obedience to said enabling act, do ordain as follows, and this ordinance shall be irrevocable, without the consent of the United States and the people of the State of Nevada:
κ2023 Statutes of Nevada, Page 3720 (FILE NUMBER 10, AJR 10 of the 81st Session)κ
First. That there shall be in this state neither slavery nor involuntary servitude . [, otherwise than in the punishment for crimes, whereof the party shall have been duly convicted.]
Second. That perfect toleration of religious sentiment shall be secured, and no inhabitant of said state shall ever be molested, in person or property, on account of his or her mode of religious worship.
Third. That the people inhabiting said territory do agree and declare, that they forever disclaim all right and title to the unappropriated public lands lying within said territory, and that the same shall be and remain at the sole and entire disposition of the United States; and that lands belonging to citizens of the United States, residing without the said state, shall never be taxed higher than the land belonging to the residents thereof; and that no taxes shall be imposed by said state on lands or property therein belonging to, or which may hereafter be purchased by, the United States, unless otherwise provided by the congress of the United States.
And be it further
Resolved, That Section 17 of Article 1 of the Nevada Constitution be amended to read as follows:
Sec. 17. Neither Slavery nor involuntary servitude [unless for the punishment of crimes] shall ever be tolerated in this State.
And be it further
Resolved, That this resolution becomes effective upon passage.
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Assembly Resolution No. 5Committee on Legislative Operations and Elections
FILE NUMBER 11
Assembly RESOLUTION—Providing for the appointment of an additional attache for the Assembly.
Resolved by the Assembly of the State of Nevada, That Claudette Thompson is elected as an additional attache of the Assembly for the 82nd Session of the Nevada Legislature; and be it further
Resolved, That this resolution becomes effective upon adoption.
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κ2023 Statutes of Nevada, Page 3721κ
Assembly Resolution No. 6Committee on Legislative Operations and Elections
FILE NUMBER 12
Assembly RESOLUTION—Providing for the appointment of an additional attache for the Assembly.
Resolved by the Assembly of the State of Nevada, That Matthew Fonken is elected as an additional attache of the Assembly for the 82nd Session of the Nevada Legislature; and be it further
Resolved, That this resolution becomes effective upon adoption.
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Senate Concurrent Resolution No. 2Senators Lange, Cannizzaro, Spearman, Dondero Loop; Daly, Donate, Flores, D. Harris, Neal, Nguyen, Ohrenschall, Pazina and Scheible
Joint Sponsor: Assemblyman Nguyen
FILE NUMBER 13
Senate Concurrent RESOLUTION—Declaring April 2023 as Financial Literacy Month.
Whereas, The Legislature passed Senate Bill No. 314 (2019), which helps make financial literacy in the classroom a reality for Nevadas school-age children; and
Whereas, The Nevada Department of Education acknowledges that young people need to be equipped with the skills and knowledge that allow them to be savvy consumers and competent managers of their own finances; and
Whereas, A lack of financial capability has real consequences for individuals, including lower savings rates, poor credit and less wealth overall; and
Whereas, The Organization for Economic Co-operation and Development conducted a survey in 2018 of individuals who are 15 years of age in the United States and found that 18 percent of respondents did not learn fundamental financial skills that are often applied in everyday situations, such as building a simple budget, comparison shopping and understanding an invoice; and
Whereas, According to an Organization for Economic Co-operation and Development study, in 2018, more than one in six students in the United States did not reach the baseline level of proficiency in financial literacy; and
κ2023 Statutes of Nevada, Page 3722 (FILE NUMBER 13, SCR 2)κ
Whereas, In 2018, an EVERFI survey of over 100,000 incoming college students found that 92 percent of students felt they needed more education, information and/or support to be able to pay off their college loan; and
Whereas, According to a survey conducted by Experian in 2019, 49 percent of Generation Z consumers surveyed said that they found financial topics to be somewhat interesting or interesting, and 11 percent even said they loved learning about such topics; and
Whereas, The International Review of Economics Education published a paper in 2014 titled The features and effectiveness of the Keys to Financial Success curriculum, which found that one-semester financial literacy programs taught by trained teachers were found to increase high school students financial knowledge by 61 percent and were most effective in improving knowledge in the areas that the students were most deficient; and
Whereas, A study from Montana State University found that high school financial education leads to better financial aid decisions once students reach college, increases subsidized borrowing at advantageous federal rates and decreases use of more costly forms of borrowing, including credit cards and private loans; and
Whereas, Financial literacy rates directly affect the financial health of individuals, families, communities and the country; and
Whereas, Resolutions similar to this resolution have been introduced and passed with strong bipartisan support to increase awareness of the need for financial literacy for Nevada citizens; now, therefore, be it
Resolved by the Senate of the State of Nevada, the Assembly Concurring, That the Nevada Legislature hereby recognizes and declares the month of April 2023 as Financial Literacy Month, in order to raise public awareness about the need for increased financial capability; and be it further
Resolved, That the Secretary of the Senate prepare and transmit a copy of this resolution to the Nevada Credit Union League, the Governor of the State of Nevada, the Superintendent of Public Instruction, the Chairs of the Senate Finance and Ways and Means Committees, the Legislative Commission and the Director of the Nevada Legislative Counsel Bureau; and be it further
Resolved, That this resolution becomes effective upon adoption.
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κ2023 Statutes of Nevada, Page 3723κ
Senate Concurrent Resolution No. 3Senators Nguyen; Buck, Cannizzaro, Daly, Donate, Dondero Loop, Flores, Goicoechea, Hammond, Hansen, D. Harris, Krasner, Lange, Neal, Ohrenschall, Pazina, Scheible, Seevers Gansert, Spearman, Stone and Titus
Joint Sponsors: Assemblymen Yeager; Anderson, Backus, Bilbray-Axelrod, Brown-May, Carter, Cohen, Considine, DeLong, Dickman, DSilva, Duran, Gallant, Gonzαlez, Gorelow, Gray, Gurr, Hafen, Hansen, Hardy, Hibbetts, Jauregui, Kasama, Koenig, La Rue Hatch, Marzola, McArthur, Brittney Miller, C.H. Miller, Monroe-Moreno, Mosca, Newby, Nguyen, ONeill, Orentlicher, Peters, Summers-Armstrong, Taylor, Thomas, Torres, Watts and Yurek
FILE NUMBER 14
SENATE Concurrent RESOLUTION—Memorializing esteemed attorney and lobbyist Ben Graham.
Whereas, Ben Graham was born in 1942 in Corvallis, Oregon and thrived growing up on his familys farm and playing the piano; and
Whereas, After a brief sojourn in Washington, D.C. for college and work, Ben returned to Oregon to pursue his true passion in legal studies, graduating with a doctorate of jurisprudence cum laude from Willamette University College of Law; and
Whereas, Ben practiced law for 8 years in Oregon and also served as the president of the Board of Mentally Handicapped Adults, before moving to Las Vegas in 1977 to become a prosecutor for the Clark County District Attorneys Office; and
Whereas, Ben continued on to serve as a Chief Deputy District Attorney in the Criminal Division and also played an influential role in the evolution of Nevadas current criminal law as the lobbyist for the Nevada District Attorneys Association; and
Whereas, Ben worked tirelessly for over 30 years to improve the judicial system in this State, including teaching criminal justice courses for 29 years at the University of Nevada, Las Vegas, and the College of Southern Nevada; and
Whereas, After retirement from his illustrious career with Clark County, Ben continued his contributions to the legal community as an attorney for the Nevada Supreme Court for 14 years, by which time he had perfected his famous chocolate chip cookies that he and Elana, his loving wife of 43 years, often baked to give as gifts to their friends and loved ones in the community, including the Nevada Legislature; and
Whereas, Although Bens professional career included many accomplishments, one of his proudest achievements was co-founding the Lawyers Concerned for Lawyers program of the State Bar of Nevada, which assists lawyers with addiction issues; and
Whereas, On a personal level, Ben is remembered by his wife, his children and their spouses, his niece and nephew, as well as his grandchildren, as a man of strong faith and a constant source of support and unconditional love; and
Whereas, Although Ben faced many challenges and difficulties during his lifetime, including the tragic passing of his daughter Caroline in 2012, he used the hardships he endured as inspiration for a life of service, which ultimately left an enduring impact on Nevadans from all walks of life; now, therefore, be it
κ2023 Statutes of Nevada, Page 3724 (FILE NUMBER 14, SCR 3)κ
used the hardships he endured as inspiration for a life of service, which ultimately left an enduring impact on Nevadans from all walks of life; now, therefore, be it
Resolved by the Senate of the State of Nevada, the Assembly Concurring, That Ben Grahams legacy and immeasurable contributions to the legal community of this State be commended and remembered as having forever changed the course of life for generations of Nevadans; and be it further
Resolved, That Ben Grahams life, both professionally and personally, serve as the true embodiment of what it means to live a life of service in this State; and be it further
Resolved, That the Secretary of the Senate prepare and transmit a copy of this resolution to the family of Ben Graham; and be it further
Resolved, That this resolution becomes effective upon adoption.
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Assembly Resolution No. 7Assemblymen Yeager, Jauregui and ONeill
FILE NUMBER 15
Assembly RESOLUTION—Adding former Assemblyman Peter Pete Livermore to the Assembly Wall of Distinction.
Whereas, The Assembly of the Legislature of the State of Nevada has established a Wall of Distinction for those past members of the Assembly selected by leadership who served with great distinction and who made exemplary contributions to the State of Nevada; and
Whereas, Peter Pete Livermore spent his career in public service tending to his community, improving the quality of life for generations of Nevadans through his work championing youth sports, safeguarding the Carson River watershed and fostering investments in the health and well-being of his constituents; and
Whereas, Petes dedication to Nevada began after meeting his future wife, Laurie Bird, on a visit to Carson City while serving in the United States Marine Corps; and
Whereas, After moving to the Silver State and working as a mail carrier in Carson City, Pete embraced entrepreneurship, eventually owning three A&W Restaurants that became popular with local residents and State Legislators; and
Whereas, After several years in the private sector, Pete chose to devote his life to public service, sitting on numerous boards and commissions affecting public health, land use planning and quality of life for seniors, in addition to serving 2 years as Mayor Pro Tempore of Carson City; and
Whereas, Petes sense of duty extended to coaching youth sports and serving as the president of the Carson City Youth Sports Association for 25 years; and
Whereas, During his 12-year tenure on the Carson City Board of Supervisors, one of Petes proudest achievements was developing the Edmonds Sports Complex, a hub for youth sports which has since been renamed in his honor; and
κ2023 Statutes of Nevada, Page 3725 (FILE NUMBER 15, AR 7)κ
Whereas, In 2010, Petes passion for serving his community was put to work at the state level after winning election to the Nevada Assembly, where he advocated on behalf of the constituents of District No. 40 for two regular sessions; and
Whereas, While in the Assembly, Pete led the charge to preserve the 150-year-old Nevada State Prison, advancing signature legislation that affirmed its historical significance and paved the way not only for its revitalization as a state museum but also for its inclusion on the National Register of Historic Places; and
Whereas, Pete served in the Assembly with honor and distinction until his passing on October 20, 2014, and is remembered for placing the needs of his constituents and the people of Nevada first; and
Whereas, Pete was posthumously honored by the Carson Water Subconservancy District for his exemplary work protecting the Carson River watershed, including his furtherance of the Carson City Quality of Life Initiative, which expanded protection of the watershed and public access to outdoor recreation; and
Whereas, In addition to the measureless dedication he paid to his family, Pete is distinguished for having lived a life of meaningful service, for drawing upon his intelligence, wit and generosity to strengthen his community and better the State of Nevada; now, therefore, be it
Resolved by the Assembly of the State of Nevada, That Peter Pete Livermore 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 Petes beloved wife, Laurie, and their children, Richard, Sheri and Jackie; and be it further
Resolved, That this resolution becomes effective upon adoption.
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Assembly Resolution No. 8Assemblymen Yeager, Jauregui and ONeill
FILE NUMBER 16
Assembly RESOLUTION—Adding former Assemblywoman Barbara E. Buckley to the Assembly Wall of Distinction.
Whereas, The Assembly of the Legislature of the State of Nevada has established a Wall of Distinction for those past members of the Assembly selected by leadership who served with great distinction and who made exemplary contributions to the State of Nevada; and
Whereas, Barbara E. Buckley has devoted her career to uplifting Nevadas most vulnerable populations, applying her intelligence, fortitude and passion for advocacy while serving this State and becoming the first female speaker of the Assembly; and
Whereas, Barbaras drive to correct injustice is channeled in her legal work, which began after she discovered her passion for law in the early 1980s while working as a legal secretary in Las Vegas; and
Whereas, As a first-generation college student, Barbara graduated from the University of Nevada, Las Vegas, and developed her legal expertise at the University of Arizona Law School, earning her Juris Doctorate summa cum laude as well as receiving an award for outstanding female law graduate of 1989; and
κ2023 Statutes of Nevada, Page 3726 (FILE NUMBER 16, AR 8)κ
the University of Arizona Law School, earning her Juris Doctorate summa cum laude as well as receiving an award for outstanding female law graduate of 1989; and
Whereas, Barbaras commitment to public service and pursuing justice blossomed while in law school, where she founded the Public Interest Law Organization and, after graduating, the Domestic Violence and Childrens Attorneys Project, the first legal program to specifically assist victims of domestic violence and abuse in Clark County; and
Whereas, Barbaras legal career advanced in 1996 when she was named Executive Director of Clark County Legal Services, now the Legal Aid Center of Southern Nevada, a nonprofit organization dedicated to providing access to justice for low-income children and adults in Clark County; and
Whereas, Barbaras call to service brought her to the Nevada Legislature in 1994, where she served her constituents in the Nevada Assembly for 8 regular sessions and 10 special sessions while shaping legislation that promoted child welfare and expanded access to affordable housing for low-income seniors; and
Whereas, During her legislative tenure, Barbara advanced womens participation in Nevada politics, making history by becoming the first woman to serve as Majority Floor Leader, from 2001 to 2007, and the first woman to serve as Speaker, from 2007 to 2010; and
Whereas, Under Barbaras leadership, the Assembly passed legislation strengthening consumer protections and promoting economic growth, including payday loan protections and creating the Office for Consumer Health Assistance and the Nevada Foreclosure Mediation Program; and
Whereas, Through her historic leadership in the Assembly and prolonged investment in the legal community of this State, Barbara will be remembered for improving the lives of countless Nevadans, particularly those most in need of advocacy; now, therefore, be it
Resolved by the Assembly of the State of Nevada, That for her 16 years of service in the Assembly and for her steadfast dedication to the State of Nevada, Barbara E. Buckley 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 Barbara E. Buckley; and be it further
Resolved, That this resolution becomes effective upon adoption.
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κ2023 Statutes of Nevada, Page 3727κ
Senate Resolution No. 4Senators Cannizzaro, Seevers Gansert; Buck, Daly, Donate, Dondero Loop, Flores, Goicoechea, Hammond, Hansen, D. Harris, Krasner, Lange, Neal, Nguyen, Ohrenschall, Pazina, Scheible, Spearman, Stone and Titus
FILE NUMBER 17
Senate RESOLUTION—Inducting Richard Bryan 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, Richard Hudson Bryan was born in Washington, D.C. but moved at a very young age with his family to Las Vegas, where he graduated from Las Vegas High School; and
Whereas, Richard received his bachelor of arts degree from the University of Nevada, Reno, and his bachelor of laws degree from the University of California, Hastings College of the Law; and
Whereas, Richard served as a Second Lieutenant in the United States Army, and became a Captain in the Army Reserve, where he served in the Judge Advocate General Corps; and
Whereas, In 1966, Richard was appointed to the position of Clark County Public Defender, the youngest Public Defender in the nation at the time; and
Whereas, In 1968, Richard was elected to the Nevada Assembly and in 1972, he was elected to the Nevada Senate, serving 4 years in the Assembly and 6 years in the Senate; and
Whereas, During his 10 years as a Legislator, Richard served as the Chair of the Senate Education and Senate Taxation Committees, and helped pass the Corporate Gaming Act, which expanded the gaming industry in this State; and
Whereas, After completing his legislative service in 1978, Richard was elected Nevada Attorney General, where he worked to remove organized crime from Nevadas gaming industry; and
Whereas, In 1982, Richard was elected as the 25th Governor of Nevada, where he prioritized diversifying Nevadas economy and attracting new businesses to the State, and served as President of the Council of State Governments; and
Whereas, Richard was elected as a United States Senator where he served until 2001, and during his tenure he passed the Southern Nevada Public Lands Management Act and lead the fight against the Yucca Mountain nuclear waste dump; and
Whereas, Richard will be remembered for his resounding integrity, support of Nevadas gaming industry, and longstanding friendship with former Senator Harry Reid; now, therefore, be it
Resolved by the Senate of the State of Nevada, That, for his many years of devoted service to the State of Nevada as a member of both the Nevada Senate and Assembly, as the Nevada Attorney General, the Governor of Nevada, and as a member of the United States Senate, Richard Hudson Bryan is hereby inducted into the Senate Hall of Fame of the Legislature of the State of Nevada; and be it further
κ2023 Statutes of Nevada, Page 3728 (FILE NUMBER 17, SR 4)κ
Governor of Nevada, and as a member of the United States Senate, Richard Hudson Bryan 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 adoption.
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Senate Resolution No. 5Senators Cannizzaro, Seevers Gansert; Buck, Daly, Donate, Dondero Loop, Flores, Goicoechea, Hammond, Hansen, D. Harris, Krasner, Lange, Neal, Nguyen, Ohrenschall, Pazina, Scheible, Spearman, Stone and Titus
FILE NUMBER 18
Senate RESOLUTION—Inducting Joseph Paul Hardy 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, Joseph Paul Hardy, better known as Joe, was born in Reno, Nevada and graduated from Sparks High School, where he served as the Student Body President; and
Whereas, Joe received his bachelor of science degree from the University of Nevada, Reno, before attending the School of Medicine at Washington University in St. Louis, Missouri, receiving a Doctor of Medicine degree, and served as a Major in the United States Air Force for 9 years before beginning his career in private practice; and
Whereas, Outside of his service to the Legislature, Joe served as a Boulder City Councilman and Mayor Pro Tempore, and enjoyed a career as a family physician and Associate Professor at Touro University Nevada; and
Whereas, In 2002, Joe was elected to the Nevada Assembly and in 2010, he was elected to the Nevada Senate, serving 8 years in the Assembly and 12 years in the Senate, where his service extended to the Interim Finance Committee, the Legislative Commission and nearly every Senate Committee; and
Whereas, During his tenure in the Senate, Joe served in leadership positions such as Minority Whip, Assistant Minority Leader and President Pro Tempore; and
Whereas, Joe was a champion of improving healthcare in Nevada and sat on the Committee on Health and Human Services every regular session that he served; and
Whereas, Joe is known for being a dedicated and knowledgeable public servant who serves this State with humility, dignity and an unwavering commitment to the people of Nevada; and
Whereas, In 2022, Joe was elected as Mayor of Boulder City where he continues his long career of public service, and where his eldest son, Joe Hardy Jr. had the distinct pleasure of administering the oath of office in his official capacity as a Judge in the Clark County District Court; and
Whereas, Joe has continuously demonstrated his passion for public service through his elected offices, military service, career as a physician, involvement in the Church of Jesus Christ of Latter-day Saints and the various other public bodies on which he has served; now, therefore, be it
κ2023 Statutes of Nevada, Page 3729 (FILE NUMBER 18, SR 5)κ
involvement in the Church of Jesus Christ of Latter-day Saints and the various other public bodies on which he has served; now, therefore, be it
Resolved by the Senate of the State of Nevada, That, for his many years of devoted service to the State of Nevada as a member of both the Nevada Senate and Assembly, to Boulder City and as a physician, Joseph Paul Hardy 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 adoption.
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Senate Resolution No. 6Senators Cannizzaro, Seevers Gansert; Buck, Daly, Donate, Dondero Loop, Flores, Goicoechea, Hammond, Hansen, D. Harris, Krasner, Lange, Neal, Nguyen, Ohrenschall, Pazina, Scheible, Spearman, Stone and Titus
FILE NUMBER 19
senate RESOLUTION—Inducting Claire Jesse Clift as an honorary member into the Senate Hall of Fame.
Whereas, Claire J. Clift was born in Reno and raised in Carson City, where she graduated from Carson High School and Western Nevada College and afterward worked for 11 seasons for the United States Forest Service in North Fork, Idaho, where she met her husband Jim, a whitewater rafting guide, and learned that ones survival depends on self-reliance and the ability to make tough decisions; and
Whereas, As a fifth-generation Nevadan, her ancestry includes great-great-grandfathers who were pioneer settlers, one of whom, Daniel Clark Simpson, established a trading post and served as an Assemblyman in 1871, another, William George Harris, who was a miner who helped build the Sutro Tunnel, and her great uncle, Forest Lovelock, and uncle, Coe Swobe, who both served in the Senate and her grandfather, Hugo Quilici, who was mayor of Reno; and
Whereas, Claires state service began in the Nevada Senate as a Committee Secretary for the Senate Committee on Natural Resources in 1987 and 1989, where she learned the legislative process and experienced the in-depth vetting of bills through testimony, discussion and amendments, and after a brief time away, she returned to the Senate as the Media Clerk under the tutelage of then-Secretary of the Senate, Jan Thomas, and in this position helped develop and improve computer programs as the liaison for information systems to assist the Legislature as it entered the 21st century; and
Whereas, Upon the retirement of her predecessor, Claire Clift was appointed as the Secretary of the Senate, continuing a long-standing tradition of holding an elected position of public service in her family, served as Secretary of the Senate during 9 regular sessions and 15 special sessions, which included the Senates first impeachment proceeding against a state constitutional officer, and with the support of legislative leadership, helped effect statutory changes to employment practices of session staff that affected salaries, retirement vestment and opportunities for legislative staff to transfer employment to the states classified service; and
κ2023 Statutes of Nevada, Page 3730 (FILE NUMBER 19, SR 6)κ
Whereas, Claires public service extended beyond Nevada, serving on two Masons Manual Commissions with the National Conference of State Legislatures, as co-chair and chair, shepherding the manual to its decennial revision with the 2020 edition of Masons Manual of Legislative Procedure, as well as being active in the American Society of Legislative Clerks and Secretaries where she chaired multiple committees and served two terms on the ASLCS Executive Committee; and
Whereas, Claire Clift is remembered for her poise, professionalism and confidence, was well-respected by all who worked with her, and always kept the interests of the Senate and Legislature at heart; and
Whereas, The Senate of the Legislature of the State of Nevada wishes to recognize Claire J. Clift for her dedicated service and vast knowledge of parliamentary procedure; now, therefore, be it
Resolved by the Senate of the State of Nevada, That, Claire Jesse Clift, for her decades of devoted service to the State of Nevada as Secretary of the Senate, is hereby inducted as an honorary member 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 adoption.
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Senate Joint Resolution No. 5Senators Scheible, Seevers Gansert, Krasner, Spearman, Buck; Cannizzaro, Daly, Donate, Dondero Loop, Flores, Goicoechea, Hammond, Hansen, D. Harris, Lange, Neal, Nguyen, Ohrenschall, Pazina, Stone and Titus
FILE NUMBER 20
Senate Joint RESOLUTION—Urging Congress to expand the Supplemental Nutrition Assistance Program and the Special Supplemental Nutrition Program for Women, Infants and Children to cover the purchase of menstrual products.
Resolved by the Senate and Assembly of the State of Nevada, Jointly, That the members of the 82nd Session of the Nevada Legislature hereby urge Congress to expand the eligible uses of benefits from the Supplemental Nutrition Assistance Program and the Special Supplemental Nutrition Program for Women, Infants and Children to include the purchase of menstrual products to improve the access of persons with low incomes to such necessary products; and be it further
Resolved, That the Secretary of the Senate prepare and transmit a copy of this resolution to the Vice President of the United States as the presiding officer of the Senate, the Speaker of the House of Representatives and each member of the Nevada Congressional Delegation; and be it further
Resolved, That this resolution becomes effective upon passage.
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κ2023 Statutes of Nevada, Page 3731κ
Senate Joint Resolution No. 7Senators Cannizzaro, Lange, Scheible, Spearman, Nguyen; Daly, Donate, Dondero Loop, Flores, D. Harris, Ohrenschall and Pazina
Joint Sponsors: Assemblymen Jauregui, Cohen, Backus, Marzola, Gorelow; Anderson, Bilbray-Axelrod, Brown-May, Carter, Considine, DSilva, Duran, Gonzαlez, La Rue Hatch, Brittney Miller, C.H. Miller, Monroe-Moreno, Mosca, Newby, Nguyen, Orentlicher, Peters, Summers-Armstrong, Taylor, Thomas, Torres, Watts and Yeager
FILE NUMBER 21
Senate Joint RESOLUTION—Proposing to amend the Nevada Constitution to establish certain rights relating to reproductive health.
Legislative Counsels Digest:
Article 1 of the Nevada Constitution sets forth certain inalienable rights of an individual. (Nev. Const. Art. 1) This joint resolution proposes to amend the Nevada Constitution by adding a new section to Article 1 which: (1) guarantees each individual in this State a fundamental right to reproductive freedom; (2) authorizes the State to regulate abortion care after fetal viability with certain exceptions; and (3) prevents the State from penalizing, prosecuting or taking any other adverse action against an individual or entity for exercising the right to reproductive freedom or for aiding or assisting another individual in exercising his or her right to reproductive freedom.
If this resolution is passed by the 2023 Legislature, it must also be passed by the next Legislature and then approved 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.
Resolved by the Senate and Assembly of the State of Nevada, Jointly, That a new section, designated Section 25, be added to Article 1 of the Nevada Constitution to read as follows:
Sec. 25. 1. Every individual has a fundamental right to reproductive freedom, which entails the right to make and effectuate decisions about all matters relating to pregnancy, including, without limitation, prenatal care, childbirth, postpartum care, birth control, vasectomy, tubal ligation, abortion, abortion care, management of a miscarriage and infertility care. The right of an individual to reproductive freedom shall not be denied, burdened or infringed upon unless justified by a compelling State interest that is achieved by the least restrictive means available.
2. Notwithstanding the provisions of subsection 1, the State may regulate the provision of abortion care after fetal viability, provided that in no circumstance may the State prohibit an abortion that, in the professional judgment of an attending provider of health care, is medically indicated to protect the life or physical or mental health of the pregnant individual.
κ2023 Statutes of Nevada, Page 3732 (FILE NUMBER 21, SJR 7)κ
3. The State shall not penalize, prosecute or otherwise take adverse action against an individual based on the actual, potential, perceived or alleged outcome of the pregnancy of the individual, including, without limitation, a miscarriage, stillbirth or abortion.
4. The State shall not penalize, prosecute or otherwise take adverse action against a provider of health care, who is licensed by the State, for acting consistent with the applicable scope of practice and standard of care for performing an abortion upon, providing abortion care to or providing reproductive care services to an individual who has granted the individuals voluntary consent.
5. The State shall not penalize, prosecute or otherwise take adverse action against any individual or entity for aiding or assisting another individual in exercising the right of the individual to reproductive freedom with the voluntary consent of the individual.
6. Nothing provided in this section narrows or limits the right to equality or equal protection.
7. As used in this section:
(a) Compelling state interest means an interest which is limited exclusively to the States interest in protecting the health of an individual who is seeking reproductive health care that is consistent with accepted clinical standards of practice.
(b) Fetal viability means the point in a pregnancy when, in the professional judgment of an attending provider of health care and based on the particular facts of the case, there is a significant likelihood of the sustained survival of the fetus outside the uterus without the application of extraordinary medical measures.
(c) Least restrictive means means in a manner that restricts or infringes upon the autonomous decision-making of an individual to the slightest degree possible while furthering a compelling state interest.
And be it further
Resolved, That this resolution becomes effective upon passage.
________
κ2023 Statutes of Nevada, Page 3733κ
Senate Concurrent Resolution No. 4Senator Ohrenschall
Joint Sponsor: Assemblywoman Anderson
FILE NUMBER 22
Senate Concurrent RESOLUTION—Celebrating the life and accomplishments of beloved educator and Legislative Assistant Patricia Pat Jo Hutson.
Whereas, The members of the Nevada Legislature on this day remember and celebrate the life of Patricia Pat Jo Hutson; and
Whereas, Pat was born May 3, 1945, in Los Angeles, California, before eventually settling with her family in northern Nevada, where she graduated from Sparks High School and the University of Nevada, Reno; and
Whereas, Generations of young people were coached or taught by Pat over a career spanning 30 years at E. Otis Vaughn Middle School, Earl Wooster High School and Galena High School, during which she exhibited tremendous leadership qualities to her students and the new teachers that she mentored; and
Whereas, After retirement, Pat could be found cheering on her grandchildren at sporting events, traveling to exotic places and spending time with people close to her heart; and
Whereas, Pat also enjoyed volunteering for worthy causes, including her commitment to keep alive in Carson City, Nevada the once struggling Nu Chapter of the Delta Kappa Gamma Society International, which is an honor society for key women educators; and
Whereas, Pat became an essential part of the family in legislative service as she spent nine regular sessions aiding, corralling and supporting the Ohrenschall Legislators, beginning with former Assemblywoman Genie Ohrenschall Daykin and continuing through the 2019 Legislative Session; and
Whereas, During the pandemic, meet-ups with friends from both Pats time teaching and her time working for the Legislature ensured Pat was not isolated during her illness, and these gatherings evolved into the Wine Wednesday community of more than 30 women coming together to support Pat and who, in turn, found support among each other; and
Whereas, An inspiration to so many, Pat showered those around her with her carefree spirit, unlimited kindness and unwavering love, often expressed in greeting cards of her own creation; and
Whereas, Married for over 50 years to her husband R.F. Dick Hutson, who passed away in 2018, Pat is survived by sons Richard and Steven Hutson and their families; and
Whereas, Nevada has lost a beloved daughter, mother, sister and wife, and dedicated professional to education and the Legislature with the passing of Pat on March 28, 2023; now, therefore, be it
Resolved by the Senate of the State of Nevada, the Assembly Concurring, That the members of the 82nd Session of the Nevada Legislature remember and celebrate the life of Patricia Pat Jo Hutson on this day and extend their deepest condolences to Pats family and friends; and be it further
κ2023 Statutes of Nevada, Page 3734 (FILE NUMBER 22, SCR 4)κ
Resolved, That the Secretary of the Senate prepare and transmit a copy of this resolution to Pats family; and be it further
Resolved, That this resolution becomes effective upon adoption.
________
Senate Joint Resolution No. 7 of the 81st SessionSenator Dondero Loop
Joint Sponsor: Assemblyman Roberts
FILE NUMBER 23
Senate 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 of the State University and for the auditing of public institutions of higher education in this State.
Legislative Counsels Digest:
Article 11 of the Nevada Constitution, commonly 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 of the State University and for the auditing of public institutions of higher education in this State. 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.
κ2023 Statutes of Nevada, Page 3735 (FILE NUMBER 23, SJR 7 of the 81st Session)κ
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. (Nev. Const. Art. 11, § 8; 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.
If this resolution is passed by the 2021 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, commonly 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
κ2023 Statutes of Nevada, Page 3736 (FILE NUMBER 23, SJR 7 of the 81st Session)κ
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 (Debates & Proceedings of the Nevada State Constitutional Convention of 1864, at 585-91 (Andrew J. Marsh off. rep. 1866)); and
Whereas, As required by the Education Article, the Legislature has provided by law for the establishment of the State University, known as the University of Nevada, and has provided by law for the election of the members of the Board of Regents (NRS 396.020, 396.040); and
Whereas, The Legislature has provided by law for the establishment of the Nevada System of Higher Education, which consists of the State University and other educational institutions, programs and operations, and for the Board of Regents to administer the System and to prescribe rules for its governance and management (NRS 396.020, 396.110, 396.230, 396.280, 396.300, 396.420, 396.440, 396.550); and
Whereas, In cases before the Nevada Supreme Court, the Board of Regents has asserted that its unique constitutional status gives it virtual autonomy and thus immunity from particular laws and policies enacted by the Legislature (Board of Regents v. Oakley, 97 Nev. 605, 607 (1981)); and
Whereas, Although the Nevada Supreme Court has rejected the Board of Regents broad assertion of autonomy and immunity from laws and policies enacted by the Legislature, the Nevada Supreme Court has recognized that the Board of Regents constitutional status prevents the Legislature from enacting certain legislation that directly interferes with the Boards essential management and control of the University (Board of Regents v. Oakley, 97 Nev. 605, 608 (1981); King v. Board of Regents, 65 Nev. 533, 564-69 (1948)); and
Whereas, Under our Nations fundamental, well-established and long-standing principles of representative government, the traditional role of the peoples elected representatives in the Legislature is to serve as the peoples legislative check of accountability to ensure that public bodies, agencies and officers in the other branches of government are carrying out their governmental functions for the benefit of the people and in a manner consistent with the laws and policies enacted by the Legislature; and
Whereas, The Board of Regents has, at various times, relied on its constitutional status and its authority to control and manage the affairs of the State University as a defensive shield and cloak against the peoples legislative check of accountability, and the Board of Regents has, at various times, taken actions that have hindered, thwarted or undermined the Legislatures investigation, review and scrutiny of the institutions, programs and operations of the Nevada System of Higher Education; and
κ2023 Statutes of Nevada, Page 3737 (FILE NUMBER 23, SJR 7 of the 81st Session)κ
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 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 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 programs and operations of the State University and, in doing so, the Legislature will also 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 Senate and Assembly 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 by law for the establishment and governance 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 biennial auditing of the State University and any other public institutions of higher education established by the Legislature in this State.
κ2023 Statutes of Nevada, Page 3738 (FILE NUMBER 23, SJR 7 of the 81st Session)κ
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.
And be it further,
Resolved, That Section 7 of Article 11 of the Nevada Constitution be repealed.
And be it further,
Resolved, That this resolution becomes effective upon passage.
________
κ2023 Statutes of Nevada, Page 3739κ
Assembly Joint Resolution No. 6Assemblymen Watts, Bilbray-Axelrod, Brittney Miller; Anderson, Backus, Brown-May, Carter, Cohen, DSilva, Duran, Gonzαlez, La Rue Hatch, C.H. Miller, Monroe-Moreno, Newby, Peters, Summers-Armstrong, Taylor, Thomas, Torres and Yeager
Joint Sponsors: Senators D. Harris, Lange, Ohrenschall; Daly, Donate and Flores
FILE NUMBER 24
Assembly Joint RESOLUTION—Proposing to amend the Nevada Constitution to adopt the National Popular Vote Compact.
Legislative Counsels Digest:
The United States Constitution requires the election of President and Vice President by presidential electors from each state who are appointed in the manner directed by each state legislature under the federal constitutional power granted to states by the Presidential Electors Clause. (U.S. Const. Art. II, § 1, cl. 2, U.S. Const. Amend. XII) The United States Supreme Court has stated that the Presidential Electors Clause concede[s] plenary power to the state legislatures in the matter of the appointment of electors and recognizes that the people act through their representatives in the legislature, and leaves it to the legislature exclusively to define the method of effecting the object. (McPherson v. Blacker, 146 U.S. 1, 27, 35 (1892)) The Supreme Court has also stated that the Presidential Electors Clause was so framed that congressional and federal influence might be excluded and, as a result, the appointment and mode of appointment of electors belong exclusively to the states under the [C]onstitution of the United States. (McPherson, 146 U.S. at 35)
Under existing law in Nevada, the Legislature has exercised its power to define the method of appointing this States presidential electors by enacting the Uniform Faithful Presidential Electors Act. (NRS 298.005-298.089) Existing law requires each nominee for presidential elector and alternate to sign a pledge to vote only for the candidates for President and Vice President who receive the highest number of votes in this State at the general election. (NRS 298.045) The nominees for presidential elector whose candidates for President and Vice President receive the highest number of votes in this State at the general election are the presidential electors, and the presidential electors may vote only for the candidates for President and Vice President who receive the highest number of votes in this State at the general election. (NRS 298.065, 298.075)
The amendment to the Nevada Constitution proposed by this resolution enacts the National Popular Vote Compact. If the Compact is effective and applies to a presidential election: (1) the chief election official of each member state will determine which slate of candidates for President and Vice President wins the national popular vote and will designate that presidential slate as the national popular vote winner; and (2) except in the case of a tie in the national popular vote, the nominees for presidential elector whose slate of candidates for President and Vice President is the national popular vote winner become the presidential electors. The amendment to the Nevada Constitution proposed by this resolution also provides that if the Compact is effective and applies to a presidential election, the presidential electors shall, with limited exception, mark their presidential elector ballots for the national popular vote winner. The amendment to the Nevada Constitution proposed by this resolution also provides that Nevada may withdraw from and rejoin the Compact via statute.
If this resolution is passed by the 2023 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 become part of the Nevada Constitution. However, for the Compact to take effect, states cumulatively possessing a majority of the electoral votes must enact the Compact in substantially the same form and the enactments by such states must have taken effect in each state.
κ2023 Statutes of Nevada, Page 3740 (FILE NUMBER 24, AJR 6)κ
EXPLANATION Matter in bolded italics is new; matter between
brackets [omitted material] is material to be
omitted.
Whereas, The candidate for the Presidency of the United States receiving the most popular votes across the country should become President; and
Whereas, The United States Constitution empowers each state to choose the manner of selecting its members of the Electoral College; now, therefore, be it
Resolved by the Assembly and Senate of the State of Nevada, Jointly, That a new section, designated Section 14A, be added to Article 15 of the Nevada Constitution to read as follows:
Sec. 14A. The National Popular Vote Compact is hereby enacted into law and entered into with all jurisdictions legally joining the Compact, in substantially the form set forth in this section:
1. Membership
Any State of the United States and the District of Columbia may become a member of this compact by enacting this compact.
2. Right of the People in Member States to Vote for President and Vice President
Each member state shall conduct a statewide popular election for President and Vice President of the United States.
3. Manner of Appointing Presidential Electors in Member States
Prior to the time set by law for the meeting and voting by the presidential electors, the chief election official of each member state shall determine the number of votes for each presidential slate in each State of the United States and in the District of Columbia in which votes have been cast in a statewide popular election and shall add such votes together to produce a national popular vote total for each presidential slate.
The chief election official of each member state shall designate the presidential slate with the largest national popular vote total as the national popular vote winner.
The presidential elector certifying official of each member state shall certify the appointment in that officials own state of the elector slate nominated in that state in association with the national popular vote winner.
At least six days before the day fixed by law for the meeting and voting by the presidential electors, each member state shall make a final determination of the number of popular votes cast in the state for each presidential slate and shall communicate an official statement of such determination within 24 hours to the chief election official of each other member state.
κ2023 Statutes of Nevada, Page 3741 (FILE NUMBER 24, AJR 6)κ
The chief election official of each member state shall treat as conclusive an official statement containing the number of popular votes in a state for each presidential slate made by the day established by federal law for making a states final determination conclusive as to the counting of electoral votes by Congress.
In event of a tie for the national popular vote winner, the presidential elector certifying official of each member state shall certify the appointment of the elector slate nominated in association with the presidential slate receiving the largest number of popular votes within that officials own state.
If, for any reason, the number of presidential electors nominated in a member state in association with the national popular vote winner is less than or greater than that states number of electoral votes, the presidential candidate on the presidential slate that has been designated as the national popular vote winner shall have the power to nominate the presidential electors for that state and that states presidential elector certifying official shall certify the appointment of such nominees.
The chief election official of each member state shall immediately release to the public all vote counts or statements of votes as they are determined or obtained.
This article shall govern the appointment of presidential electors in each member state in any year in which this compact is, on July 20, in effect in states cumulatively possessing a majority of the electoral votes.
4. Other Provisions
This compact shall take effect when states cumulatively possessing a majority of the electoral votes have enacted this compact in substantially the same form and the enactments by such states have taken effect in each state.
Any member state may withdraw from this compact, except that a withdrawal occurring six months or less before the end of a Presidents term shall not become effective until a President or Vice President shall have been qualified to serve the next term.
The chief executive of each member state shall promptly notify the chief executive of all other states of when this compact has been enacted and has taken effect in that officials state, when the state has withdrawn from this compact, and when this compact takes effect generally.
This compact shall terminate if the electoral college is abolished.
If any provision of this compact is held invalid, the remaining provisions shall not be affected.
κ2023 Statutes of Nevada, Page 3742 (FILE NUMBER 24, AJR 6)κ
5. Definitions
For purposes of this compact,
chief executive shall mean the Governor of a State of the United States or the Mayor of the District of Columbia;
elector slate shall mean a slate of candidates who have been nominated in a state for the position of presidential elector in association with a presidential slate;
chief election official shall mean the state official or body that is authorized to certify the total number of popular votes for each presidential slate;
presidential elector shall mean an elector for President and Vice President of the United States;
presidential elector certifying official shall mean the state official or body that is authorized to certify the appointment of the states presidential electors;
presidential slate shall mean a slate of two persons, the first of whom has been nominated as a candidate for President of the United States and the second of whom has been nominated as a candidate for Vice President of the United States, or any legal successors to such persons, regardless of whether both names appear on the ballot presented to the voter in a particular state;
state shall mean a State of the United States and the District of Columbia; and
statewide popular election shall mean a general election in which votes are cast for presidential slates by individual voters and counted on a statewide basis.
And be it further
Resolved, That a new section, designated Section 14B, be added to Article 15 of the Nevada Constitution to read as follows:
Sec. 14B. 1. When the National Popular Vote Compact governs a presidential election, each presidential elector in Nevada shall cast his or her vote in the Electoral College for the presidential slate nominated by the political party or organization that nominated the elector.
2. The State of Nevada may withdraw from the National Popular Vote Compact by statute, and may rejoin by subsequent statute, subject to the provisions of subsection 4 of Section 14A of this Article.
And be it further
Resolved, That this resolution becomes effective upon passage.
________
κ2023 Statutes of Nevada, Page 3743κ
Assembly Joint Resolution No. 8Assemblymen DSilva, Brittney Miller; Anderson, Brown-May, Carter, Cohen, Considine, DeLong, Dickman, Gallant, Gonzαlez, Gorelow, La Rue Hatch, C.H. Miller, Monroe-Moreno, Mosca, Newby, Nguyen, ONeill, Orentlicher, Peters, Summers-Armstrong, Taylor, Thomas, Torres, Watts and Yeager
Joint Sponsors: Senators Donate, Flores, Hammond, D. Harris, Neal, Nguyen, Ohrenschall, Spearman and Stone
FILE NUMBER 25
Assembly Joint RESOLUTION—Urging the Congress of the United States to deschedule marijuana as a schedule I controlled substance.
Whereas, Under Nevada law, cannabis and marijuana share an identical meaning; and
Whereas, Under the Controlled Substance Act, drugs, substances and certain chemicals used to make drugs are classified into five distinct schedules depending upon the acceptable medical use of the drug and the potential of the drug for abuse; and
Whereas, Schedule I drugs, substances or chemicals are defined as drugs with no currently accepted medical use and a high potential for abuse; and
Whereas, Cannabis is classified as a schedule I drug, alongside heroin, although marijuana has many well documented medical uses; and
Whereas, According to the National Academy of Medicine, modern medical research has confirmed the beneficial uses for marijuana in treating or alleviating the pain, nausea and other symptoms associated with a variety of debilitating medical conditions, including cancer, multiple sclerosis and HIV/AIDS; and
Whereas, Marijuana has many currently accepted medical uses in the United States, having been recommended by thousands of licensed physicians to at least 350,000 patients in states with medical marijuana laws; and
Whereas, Marijuanas medical utility has been recognized by a wide range of medical and public health organizations, including, without limitation, the American Academy of HIV Medicine, the American College of Physicians, the American Nurses Association, the American Public Health Association and the Leukemia and Lymphoma Society; and
Whereas, In 1998 and 2000, Nevada voters approved the Nevada Medical Marijuana Act, a referendum initiative intended to amend the Nevada Constitution to legalize marijuana for medical use in Nevada, which passed in two consecutive elections, as is required for a constitutional amendment; and
Whereas, The medical value of cannabis was enshrined into Nevadas constitution through the addition of Article 4, Section 38 of the Nevada Constitution, which requires the Nevada Legislature to provide by law for the use by a patient, upon the advice of his physician, of a plant of the genus Cannabis for the treatment or alleviation of cancer, glaucoma, acquired immunodeficiency syndrome, severe, persistent nausea of cachexia resulting from these or other chronic or debilitating medical conditions, epilepsy and other disorders characterized by seizure, multiple sclerosis and other disorders characterized by muscular spasticity, or other conditions approved pursuant to law for such treatment; and
κ2023 Statutes of Nevada, Page 3744 (FILE NUMBER 25, AJR 8)κ
other disorders characterized by seizure, multiple sclerosis and other disorders characterized by muscular spasticity, or other conditions approved pursuant to law for such treatment; and
Whereas, In 2016, Nevada voters voted upon and approved the Initiative to Regulate and Tax Marijuana, which legalized possession of marijuana for recreational purposes; and
Whereas, A district court in Nevada has already held that cannabis is no longer a schedule I controlled substance in Nevada; and
Whereas, There are approximately 5.4 million state-legal patients in the United States and its territories who are unable to receive medical insurance prescription health coverage for medical marijuana, primarily because of marijuanas federal designation as a schedule I controlled substance; and
Whereas, In its State of the States 2021 report, the advocacy group Safe Access Now estimated that medical marijuana customers at state dispensaries were likely to pay as much as $350 before they could access and pay for the cost of marijuana; and
Whereas, Marijuana is not an eligible health savings account expense because of its current federal designation as a schedule I controlled substance; and
Whereas, Because of marijuanas current federal designation as a schedule I controlled substance, tracing money back to a state marijuana operation could result in criminal prosecution for aiding and abetting a federal crime or money laundering, and most financial institutions are therefore unwilling to accept the legal risks associated with offering financial services to the medical marijuana industry, resulting in medical marijuana distributors having limited access to traditional banking and financial services and forcing them to operate using only cash; and
Whereas, Operating a business with large amounts of cash on hand is a public safety threat, causing such a business to become a target for crime, thereby putting the safety of staff and patients at risk; and
Whereas, Marijuana does not belong in schedule I of the Controlled Substances Act, a classification intended for exceptionally dangerous substances with high potential for abuse and no currently accepted medical use; now, therefore, be it
Resolved by the Assembly and Senate of the State of Nevada, Jointly, That the members of the 82nd Session of the Nevada Legislature hereby urge Congress to support legislation to remove cannabis from schedule I of the Controlled Substances Act; 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.
________
κ2023 Statutes of Nevada, Page 3745κ
Assembly Joint Resolution No. 1Assemblymen McArthur, Hafen, Gray, ONeill, Yeager; Anderson, Backus, Bilbray-Axelrod, Considine, DeLong, Dickman, DSilva, Duran, Gallant, Gurr, Hansen, Hardy, Hibbetts, Kasama, Koenig, La Rue Hatch, Marzola, Monroe-Moreno, Mosca, Newby, Nguyen, Peters, Summers-Armstrong, Taylor, Thomas, Torres and Yurek
Joint Sponsors: Senators Krasner, Titus, Spearman, Buck, Flores; Dondero Loop, Goicoechea, Hansen, Nguyen, Ohrenschall, Scheible, Seevers Gansert and Stone
FILE NUMBER 26
Assembly Joint RESOLUTION—Urging the United States Department of Veterans Affairs to study the effectiveness and use of hyperbaric oxygen therapy for veterans.
Whereas, Hyperbaric oxygen therapy involves breathing pure oxygen in a pressurized room or tube to temporarily increase the blood oxygen levels of a person to promote healing and fight infection; and
Whereas, The United States Food and Drug Administration approved the use of hyperbaric oxygen therapy to treat certain disorders or conditions, including, among others, carbon monoxide poisoning, decompression sickness, enhanced healing of some wound problems, skin grafts, heat burns, crush injuries and other acute health care issues that involve not enough blood flow to a part of the body; and
Whereas, The United States Food and Drug Administration has not approved hyperbaric oxygen therapy to treat post-traumatic stress disorder and traumatic brain injury; and
Whereas, Some studies found a positive benefit by using hyperbaric oxygen therapy to treat post-traumatic stress disorder and traumatic brain injury; and
Whereas, The 22 Project, a veteran-centered nonprofit organization, conducted a study which used hyperbaric oxygen therapy to treat 39 veterans diagnosed with mild traumatic brain injury with hyperbaric oxygen therapy; and
Whereas, Researchers determined that hyperbaric oxygen therapy could be a useful treatment for mild traumatic brain injury in veterans because results of the study demonstrated a 46.6 percent improvement in measured symptoms, including significant improvement in brain perfusion, reduced pain, improved mood and better sleep; and
Whereas, A study conducted by the Shamir Medical Center in Israel determined that use of hyperbaric oxygen therapy to treat veterans diagnosed with post-traumatic stress disorder improved brain activity; and
Whereas, Researchers conducting a pooled analysis of results from the United States Department of Defense and other studies concluded that a definitive clinical trial should be considered to identify the optimal hyperbaric oxygen dosing regimen for individuals diagnosed with mild traumatic brain injury associated with post-traumatic stress disorder; and
Whereas, The 114th Congress of the United States established the Creating Options for Veterans Expedited Recovery Commission to examine the evidence-based therapy treatment model used by the United States Department of Veterans Affairs for treating mental health conditions and to examine available research on the use of complementary and alternative medicine therapies, including hyperbaric oxygen therapy; and
κ2023 Statutes of Nevada, Page 3746 (FILE NUMBER 26, AJR 1)κ
Department of Veterans Affairs for treating mental health conditions and to examine available research on the use of complementary and alternative medicine therapies, including hyperbaric oxygen therapy; and
Whereas, The Commissions final report set forth 11 recommendations addressing mental health, including that the United States Department of Veterans Affairs conduct further studies on the use of hyperbaric oxygen therapy; now, therefore, be it
Resolved by the Assembly and Senate of the State of Nevada, Jointly, That the members of the 82nd Session of the Nevada Legislature hereby urge the United States Department of Veterans Affairs to study the effectiveness and use of hyperbaric oxygen therapy for veterans and share the results of the study with the State of Nevada; and be it further
Resolved, That the Chief Clerk of the Assembly prepare and transmit a copy of this resolution to the Secretary of Veterans Affairs of the United States Department of Veterans Affairs, and each member of the Nevada Congressional Delegation; and be it further
Resolved, That this resolution becomes effective upon passage.
________
Assembly Joint Resolution No. 5Assemblymen C.H. Miller and Monroe-Moreno
FILE NUMBER 27
Assembly Joint RESOLUTION—Proposing to amend the Nevada Constitution to revise provisions relating to lotteries and the sale of lottery tickets.
Legislative Counsels Digest:
As ratified in 1864, the Nevada Constitution prohibited the State from authorizing a lottery and also prohibited lottery tickets from being sold. (Nev. Const. Art. 4, § 24 (1864)) Nevadas constitutional provisions regarding lotteries were modeled after provisions in the California Constitution of 1849, which were also similar to constitutional provisions adopted in several other states. (State ex rel. Murphy v. Overton, 16 Nev. 136, 146-52 (1881); Ex parte Pierotti, 43 Nev. 243, 247-52 (1919)) Such constitutional provisions were: (1) adopted to prohibit state legislatures from granting special charters to organizations, institutions, corporations or other entities authorizing them to operate lotteries and sell lottery tickets to the public; and (2) intended to protect the public from the harm caused by such chartered lotteries which were prevalent in our Nations early history and which were plagued by fraud, corruption, mismanagement and abuse because they were largely unregulated by state governments. (Stone v. Mississippi, 101 U.S. 814, 818 (1879); State ex rel. Murphy v. Overton, 16 Nev. 136, 146-52 (1881); Ex parte Pierotti, 43 Nev. 243, 247-52 (1919); Poppen v. Walker, 520 N.W.2d 238, 243 (S.D. 1994) (These lotteries were the principal evil which led to their prohibition in state constitutions.), superseded on other grounds by constitutional amendments to S.D. Const. Art. III, § 25 (1994))
Under its existing provisions, the Nevada Constitution prohibits the State from authorizing a lottery, it also prohibits the State and its political subdivisions from operating a lottery and it also prohibits the sale of lottery tickets, but with certain exceptions for charitable lotteries. Specifically, in 1990, Nevadas voters approved constitutional amendments allowing the Legislature to provide by law for the operation and regulation of charitable lotteries, with certain restrictions, conducted by charitable or nonprofit organizations in the form of raffles or drawings on their own behalf.
κ2023 Statutes of Nevada, Page 3747 (FILE NUMBER 27, AJR 5)κ
(Nev. Const. Art. 4, § 24) Following the 1990 constitutional amendments, the Legislature enacted laws providing for comprehensive regulation of charitable lotteries to ensure that those lotteries are operated honestly and free from criminal and corruptive elements and that the proceeds of those lotteries are expended to benefit the activities of charitable or nonprofit organizations in this State. (Chapter 462 of NRS)
This joint resolution proposes to amend the Nevada Constitution to allow the Legislature to provide by law for the operation and regulation of modern lotteries, in addition to charitable lotteries, including authorizing lottery tickets to be sold for such modern lotteries. However, this joint resolution prohibits the Legislature from enacting laws which grant a special charter or similar organizational or governing document to any person or other entity to operate lotteries or sell lottery tickets, and this joint resolution prohibits political subdivisions of this State from operating lotteries or selling lottery tickets. Finally, this joint resolution ensures that the operation of any charitable lotteries must comply with the existing provisions governing charitable lotteries that were added to the Nevada Constitution by the 1990 constitutional amendments.
If this joint resolution is passed by the 2023 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, From our Nations early colonial period until the mid-1800s, the proceeds from lotteries were used in America to fund and build infrastructure, to establish and endow universities like Harvard and Yale and to help finance the American battle for independence during the Revolutionary War; and
Whereas, In some states during this period, state legislatures would enact legislation which granted special charters to organizations, institutions, corporations or other entities authorizing them to operate lotteries and sell lottery tickets to the public for a period of years, but the state governments overseeing such chartered lotteries generally were not involved in the actual operation or regulation of the lotteries; and
Whereas, Because there was inadequate government oversight and regulation of such chartered lotteries, some of them were plagued by fraud, corruption, mismanagement and abuse which resulted in several well-known and scandalous cases of wrongdoing by chartered lotteries, including an infamous case in New York that involved not only individuals of the state in ruin, but was the occasion of serious embarrassment to the state government itself. (State ex rel. Murphy v. Overton, 16 Nev. 136, 147 (1881) (quoting Report of the Debates in the Convention of California on the Formation of the State Constitution of 1849, at 92 (J. Ross Browne off. rep. 1850) (statement of Delegate H. W. Halleck)); and
Whereas, As a result of the well-known and scandalous cases of wrongdoing by chartered lotteries, there was a nationwide backlash against such lotteries and, by 1860, a majority of states had adopted constitutional provisions prohibiting the authorization of lotteries and the sale of lottery tickets, including provisions in the California Constitution of 1849, which stated that [n]o lottery shall be authorized by this State, nor shall the sale of lottery tickets be allowed. (Cal. Const. Art. IV, § 27 (1849)); and
Whereas, Because the California Constitution of 1849 served as the model for the Nevada Constitution, the delegates to the Nevada State Constitutional Convention of 1864 adopted Californias constitutional provisions regarding lotteries, without additional discussion or debate, so that the Nevada Constitution, as ratified in 1864, stated that [n]o lottery shall be authorized by this State, nor shall the sale of lottery tickets be allowed.
κ2023 Statutes of Nevada, Page 3748 (FILE NUMBER 27, AJR 5)κ
the Nevada Constitution, as ratified in 1864, stated that [n]o lottery shall be authorized by this State, nor shall the sale of lottery tickets be allowed. (Nev. Const. Art. 4, § 24 (1864); State ex rel. Murphy v. Overton, 16 Nev. 136, 146-47 (1881)); and
Whereas, Courts have recognized that constitutional provisions regarding lotteries are intended to protect the public from the harm caused by past chartered lotteries which were prevalent in our Nations early history and which were plagued by fraud, corruption, mismanagement and abuse because they were largely unregulated by state governments (Stone v. Mississippi, 101 U.S. 814, 818 (1879); State ex rel. Murphy v. Overton, 16 Nev. 136, 146-52 (1881); Ex parte Pierotti, 43 Nev. 243, 247-52 (1919); Poppen v. Walker, 520 N.W.2d 238, 243 (S.D. 1994) (These lotteries were the principal evil which led to their prohibition in state constitutions.), superseded on other grounds by constitutional amendments to S.D. Const. Art. III, § 25 (1994)); and
Whereas, At the general election in 1990, Nevadas voters approved constitutional amendments allowing the Legislature to provide by law for the operation and regulation of charitable lotteries, with certain restrictions, conducted by charitable or nonprofit organizations in the form of raffles or drawings on their own behalf, and the Legislature has enacted laws providing for comprehensive regulation of charitable lotteries to ensure that those lotteries are operated honestly and free from criminal and corruptive elements and that the proceeds of those lotteries are expended to benefit the activities of charitable or nonprofit organizations in this State (Nev. Const. Art. 4, § 24; chapter 462 of NRS); and
Whereas, The comprehensive regulation of modern lotteries ensures that the public is protected from the harm caused by past chartered lotteries which were prevalent in our Nations early history and which were plagued by fraud, corruption, mismanagement and abuse because they were largely unregulated by state governments; and
Whereas, Amending the Nevada Constitution to prohibit the Legislature from enacting laws which grant a special charter or similar organizational or governing document to any person or other entity to operate lotteries or sell lottery tickets will continue to protect the public from the harm caused by past chartered lotteries; and
Whereas, Amending the Nevada Constitution to allow the Legislature to provide by law for the operation and regulation of modern lotteries, in addition to charitable lotteries, will ensure that such modern lotteries are operated honestly and free from criminal and corruptive elements and that the proceeds of those lotteries are expended to benefit the general welfare of the residents of this State; now, therefore, be it
Resolved by the Assembly and Senate of the State of Nevada, Jointly, That Section 24 of Article 4 of the Nevada Constitution be amended to read as follows:
Sec: 24. 1. Except as otherwise provided in [subsection 2,] this section, no lottery may be authorized by this State, nor may lottery tickets be sold.
2. The [State and the] Legislature may provide by law for the operation and regulation of lotteries, including, without limitation, authorizing lottery tickets to be sold, except that:
(a) The Legislature shall not pass any laws which grant a special charter or similar organizational or governing document to any person or other entity to operate a lottery or sell lottery tickets or which otherwise authorize the exercise of such powers under a special charter or similar organizational or governing document.
κ2023 Statutes of Nevada, Page 3749 (FILE NUMBER 27, AJR 5)κ
any person or other entity to operate a lottery or sell lottery tickets or which otherwise authorize the exercise of such powers under a special charter or similar organizational or governing document.
(b) The political subdivisions [thereof] of this State shall not operate a lottery [.] or sell lottery tickets.
(c) The operation of lotteries by persons engaged in charitable activities or activities not for profit must comply with the provisions of subsection 3.
3. The Legislature may authorize persons engaged in charitable activities or activities not for profit to operate a lottery in the form of a raffle or drawing on their own behalf. All proceeds of the lottery, less expenses directly related to the operation of the lottery, must be used only to benefit charitable or nonprofit activities in this State. A charitable or nonprofit organization shall not employ or otherwise engage any person to organize or operate its lottery for compensation. The Legislature may provide by law for the regulation of such lotteries.
And be it further
Resolved, That this resolution becomes effective upon passage.
________
Assembly Concurrent Resolution No. 5Committee on Legislative Operations and Elections
FILE NUMBER 28
Assembly Concurrent RESOLUTION—Expressing support for the Lake Tahoe Transportation Action Plan.
Whereas, Lake Tahoe is an internationally recognized iconic destination located near several urban areas in northern Nevada and California which makes it a natural outdoor playground for the growing populations of people looking for unparalleled summer and winter recreation opportunities; and
Whereas, The popularity of Lake Tahoe combined with population growth in nearby urban areas is placing an increasing strain on the transportation system and infrastructure in the Lake Tahoe Basin; and
Whereas, The increasing pressure on the transportation system in the Lake Tahoe Basin is accelerating environmental and public safety impacts in the Basin, including traffic congestion, increased pollution from vehicles and unsafe conditions for visitors as a result of the lack of parking and safe alternative transportation options such as walking and biking paths, micro-transit services and other multi-modal transportation services; and
Whereas, The Regional Transportation Plan of the Tahoe Regional Planning Agency focuses on a strategy of improving transit services, using technology and building more trails and other community enhancements to provide travel options other than the use of automobiles for residents, commuters and visitors; and
Whereas, The Director of the Nevada State Department of Conservation and Natural Resources and the Secretary of the California Natural Resources Agency have convened a Bi-State Working Group on Transportation for Lake Tahoe since 2017, bringing together public and private sector partners to identify solutions to meet the transportation challenges and achieve necessary transportation investments for the Lake Tahoe Basin; and
κ2023 Statutes of Nevada, Page 3750 (FILE NUMBER 28, ACR 5)κ
Transportation for Lake Tahoe since 2017, bringing together public and private sector partners to identify solutions to meet the transportation challenges and achieve necessary transportation investments for the Lake Tahoe Basin; and
Whereas, The Lake Tahoe Transportation Action Plan, endorsed by the Bi-State Working Group, identifies the priority transportation projects in the Lake Tahoe Basin over the next 10 years and represents the commitment of the partners in the Bi-State Working Group to funding such projects; and
Whereas, Partners in the Bi-State Working Group agreed to pursue a multi-sector funding framework called the 7-7-7 strategy in which federal, state and local or private partners each seek to contribute $7 million annually to fund the high priority transportation projects in the Lake Tahoe Basin identified in the Lake Tahoe Transportation Action Plan; and
Whereas, Based on the historical division of responsibilities between the two states for the needs of the Lake Tahoe Basin, Nevadas one-third share of the $7 million state sector target under the 7-7-7 strategy is $2.5 million annually and Californias two-thirds share is $4.5 million annually; now, therefore, be it
Resolved by the Assembly of the State of Nevada, the Senate Concurring, That the members of the 82nd session of the Nevada Legislature do hereby recognize and express support for the Lake Tahoe Transportation Action Plan; and be it further
Resolved, That the members of the 82nd session of the Nevada Legislature express support for the funding of high priority transportation projects in the Lake Tahoe Basin; and be it further
Resolved, That the Chief Clerk of the Assembly 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, the Director of the Nevada State Department of Conservation and Natural Resources, the Secretary of the California Natural Resources Agency, the Director of the Nevada Department of Transportation, the Director of the California Department of Transportation, the Forest Supervisor of the Lake Tahoe Basin Management Unit of the United States Forest Service and each member of the Nevada Congressional Delegation; and be it further
Resolved, That this resolution becomes effective upon adoption.
________
κ2023 Statutes of Nevada, Page 3751κ
Senate Resolution No. 7Committee on Legislative Operations and Elections
FILE NUMBER 29
Senate RESOLUTION—Designating certain members of the Senate as regular and alternate members of the Legislative Commission for the 2023-2025 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, Dallas Harris, Skip Daly, Ira Hansen, Lisa Krasner and Jeff Stone are designated as the regular Senate members of the Legislative Commission; and be it further
Resolved, That Senators Marilyn Dondero Loop and Fabian Donate are designated as the first and second alternate members, respectively, for Senator Nicole Cannizzaro; Senators Melanie Scheible and Rochelle Nguyen are designated as the first and second alternate members, respectively, for Senator Dallas Harris; Senators Roberta Lange and James Ohrenschall are designated as the first and second alternate members, respectively, for Senator Skip Daly; Senators Scott Hammond and Robin L. Titus are designated as the first and second alternate members, respectively, for Senator Ira Hansen; Senators Scott Hammond and Pete Goicoechea are designated as the first and second alternate members, respectively, for Senator Lisa Krasner; and Senators Carrie Ann Buck and Heidi Seevers Gansert are designated as the first and second alternate members, respectively, for Senator Jeff Stone; 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.
κ2023 Statutes of Nevada, Page 3752 (FILE NUMBER 29, SR 7)κ
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.
________
Assembly Resolution No. 9Committee on Legislative Operations and Elections
FILE NUMBER 30
Assembly RESOLUTION—Designating certain members of the Assembly as regular and alternate members of the Legislative Commission for the 2023-2025 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. Steve Yeager, Ms. Sandra Jauregui, Ms. Shea Backus, Mr. C.H. Miller; Mr. Rich DeLong and Ms. Alexis Hansen are designated as the regular Assembly members; Ms. Sarah Peters and Ms. Shannon Bilbray-Axelrod are designated as the first and second alternate members, respectively, for Mr. Steve Yeager; Ms. Daniele Monroe-Moreno and Ms. Selena Torres are designated as the first and second alternate members, respectively, for Ms. Sandra Jauregui; Ms. Elaine Marzola and Ms. Venicia Considine are designated as the first and second alternate members, respectively, for Ms. Shea Backus; Mr. Howard Watts and Ms. Natha Anderson are designated as the first and second alternate members, respectively, for Mr. C.H. Miller; Mr. Phillip P.K. ONeill and Ms. Danielle Gallant are designated as the first and second alternate members, respectively, for Mr. Rich DeLong; and Ms. Jill Dickman and Ms. Melissa Hardy are designated as the first and second alternate members, respectively, for Ms. Alexis Hansen; and be it further
Resolved, That this resolution becomes effective upon adoption.
________
κ2023 Statutes of Nevada, Page 3753κ
Senate Joint Resolution No. 3Committee on Natural Resources
FILE NUMBER 31
senate Joint RESOLUTION—Urging the United States Bureau of Reclamation to consider certain actions, alternatives and measures for the protection and management of the Colorado River.
Whereas, The Colorado River is the most vital water source in Nevada and much of the western United States, sustaining the life and livelihood of 7 western states, 22 Indian tribes and Mexico; and
Whereas, The Colorado River supports the needs of 40 million people in the United States and Mexico, irrigates over 5 million acres of land, generates hydropower for several million people and supports recreational and tourism industries; and
Whereas, Ninety percent of Southern Nevadas water supply comes from the Colorado River via Lake Mead; and
Whereas, Facing unprecedented drought and aridification, the Colorado River is in crisis with Lake Mead currently at 28 percent capacity; and
Whereas, The Colorado River is also overallocated with more water committed for use than is available from the Colorado River in an average year resulting in a structural deficit in the Colorado River; and
Whereas, The seven Colorado River Basin states of Arizona, California, Colorado, Nevada, New Mexico, Utah and Wyoming have yet to reach a consensus on a plan to decrease current water use; and
Whereas, The Federal Government intends to take unilateral action regarding the management of the Colorado River if the Colorado River Basin states do not present a reasonable plan for water management; and
Whereas, The Southern Nevada Water Authority and the Colorado River Commission, on behalf of the State of Nevada, have urged all users of the Colorado River in every state and sector to work together towards a solution to the water crisis and to reduce water demands to reflect the hydrological reality of the Colorado River Basin; and
Whereas, In August 2022, the Southern Nevada Water Authority, on behalf of the State of Nevada, submitted a letter to the United States Bureau of Reclamation listing 12 recommendations to address the crisis on the Colorado River, including adopting methods to account for evaporation and system losses in the Colorado River and investing in long-term, durable water conservation to permanently reduce the structural deficit in the Colorado River; and
Whereas, In November 2022, the United States Bureau of Reclamation announced its intention to prepare a supplemental environmental impact statement for the December 2007 Record of Decision entitled Colorado River Interim Guidelines for Lower Basin Shortages and Coordinated Operations for Lake Powell and Lake Mead; and
Whereas, In December 2022, the Southern Nevada Water Authority and the Colorado River Commission, on behalf of the State of Nevada, submitted a proposed alternative to the United States Bureau of Reclamation for consideration in the supplemental environmental impact statement process that presented recommendations to address the structural deficit in the Colorado River; and
κ2023 Statutes of Nevada, Page 3754 (FILE NUMBER 31, SJR 3)κ
Whereas, In January 2023, representatives of Nevada joined with the representatives of five other Colorado River Basin states to submit to the United States Bureau of Reclamation a Consensus-Based Modeling Alternative to help stabilize the water levels of Lake Mead and Lake Powell and asked the Bureau to consider and model the Consensus-Based Modeling Alternative in the supplemental environmental impact statement process; and
Whereas, The recommendations of Nevada and the Consensus-Based Modeling Alternative to address the Colorado River crisis present a solid starting point for further discussions on the management of the Colorado River; and
Whereas, The current Colorado River crisis is dire but solvable if the Colorado River Basin States, the Federal Government and Mexico cooperate to address the crisis; and
Whereas, Federal money and other funding mechanisms can aid with short-term water management and prevent the future depletion of the already depleted Colorado River, but the long-term sustainability of the Colorado River system requires the investment of additional money to implement permanent reductions in demand for Colorado River water; now, therefore, be it
Resolved by the Senate and Assembly of the State of Nevada, Jointly, That the members of the 82nd Session of the Nevada Legislature strongly support the pursuit of a collaboration-based framework to address the structural deficit in the Colorado River; and be it further
Resolved, That the members of the 82nd Session of the Nevada Legislature support the inclusion of mechanisms to account for evaporation and system losses in the Colorado River in the future management of the Colorado River; and be it further
Resolved, That the members of the 82nd Session of the Nevada Legislature hereby urge the United States Bureau of Reclamation to amend existing federal regulations to prohibit the inefficient delivery, application or use of any water from the Colorado River by all sectors and users of water from the Colorado River to limit unnecessary water losses on the Colorado River; and be it further
Resolved, That the Secretary of the Senate prepare and transmit a copy of this resolution to the United States Secretary of the Interior, the United States Commissioner of the Bureau of Reclamation and the Nevada Congressional Delegation; and be it further
Resolved, That this resolution becomes effective upon passage.
________
κ2023 Statutes of Nevada, Page 3755κ
Senate Concurrent Resolution No. 5Senator Lange
FILE NUMBER 32
Senate Concurrent RESOLUTION—Urging the expansion of comprehensive cardiovascular screening programs and directing the Joint Interim Standing Committee on Health and Human Services to conduct a study concerning such programs and certain other matters relating to cardiovascular disease.
Whereas, The Centers for Disease Control and Prevention of the United States Department of Health and Human Services has stated that cardiovascular disease is the leading cause of death in the United States; and
Whereas, According to the Centers for Disease Control and Prevention, approximately 20.1 million people have been diagnosed with atherosclerotic cardiovascular disease and are at risk of a cardiovascular event; and
Whereas, The Mayo Clinic has stated that atherosclerotic cardiovascular disease is linked to cholesterol accumulating in the arteries and the risk of associated cardiovascular events may be reduced by lowering low-density lipoprotein cholesterol; and
Whereas, According to a report from the American Heart Association, in 2016, nearly 68 million adults in the United States had a high level of low-density lipoprotein cholesterol; and
Whereas, The Centers for Disease Control and Prevention has reported that 47 million people in the United States are currently receiving medication to lower their level of low-density lipoprotein cholesterol and thereby manage their risk of a cardiovascular event; and
Whereas, Data from the National Health and Nutrition Examination Survey in 2011-2012 provides that only approximately 20 percent of people with atherosclerotic cardiovascular disease who are taking statins, a leading therapy to lower low-density lipoprotein cholesterol, are successfully reducing their level of low-density lipoprotein cholesterol to a healthy level; and
Whereas, According to the American Heart Association, the total direct and indirect cost of atherosclerotic cardiovascular disease in the United States was $555 billion in 2016 and is projected to reach $1.1 trillion by 2035; and
Whereas, The Centers for Disease Control and Prevention has stated that health care professionals in Nevada have diagnosed 8 percent of adults in this State with a symptom of atherosclerotic cardiovascular disease, including, without limitation, an angina, stroke, heart attack or coronary heart disease; now, therefore, be it
Resolved by the Senate of the State of Nevada, the Assembly Concurring, That the members of the 82nd Session of the Nevada Legislature urge state agencies to expand comprehensive cardiovascular screening programs to allow for earlier identification of patients at risk of cardiovascular events; and be it further
Resolved, That the members of the 82nd Session of the Nevada Legislature urge state agencies to explore ways to collaborate with federal agencies and national organizations to establish or expand comprehensive cardiovascular screening programs; and be it further
κ2023 Statutes of Nevada, Page 3756 (FILE NUMBER 32, SCR 5)κ
Resolved, That the members of the 82nd Session of the Nevada Legislature urge state agencies to evaluate programs to improve cardiovascular health which are operating in this State for the purpose of accelerating improvements in the care rendered to patients at risk of cardiovascular events such that improvements in screening, treatment, monitoring and health outcomes are achieved; and be it further
Resolved, That the members of the 82nd Session of the Nevada Legislature urge the development of policies to reduce the number of Americans who die as a result of atherosclerotic cardiovascular disease; and be it further
Resolved, That the members of the 82nd Session of the Nevada Legislature direct the Joint Interim Standing Committee on Health and Human Services to conduct a study during the 2023-2024 interim concerning cardiovascular screening programs that are currently operating in this State, ways for state agencies to collaborate with federal agencies and private organizations in the evaluation and expansion of such programs and other matters relating to cardiovascular disease; and be it further
Resolved, That the study must include a review of the Get With The Guidelines program of the American Heart Association, the degree to which the program has been adopted by health facilities in this State and the success of the program where adopted by health facilities in this State; and be it further
Resolved, That the study must consider the provision of reimbursement under the Medicaid program for the remote monitoring of cardiovascular health; and be it further
Resolved, That the study must include a review of the implementation of Complete Streets Programs pursuant to NRS 403.575 and the identification of gaps in reforms to zoning laws in order to promote zoning that is more conducive to good cardiovascular health; and be it further
Resolved, That, pursuant to subsection 4 of NRS 218E.330, the Committee shall submit a report of the study and any recommendations for legislation to the Director of the Legislative Counsel Bureau for transmittal to the 83rd 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 President of the United States, the Vice President of the United States, members of the United States House of Representatives and United States Senate and other federal and state government officials and agencies as appropriate; and be it further
Resolved, That this resolution becomes effective upon adoption.
________
κ2023 Statutes of Nevada, Page 3757κ
Assembly Joint Resolution No. 1 of the 81st SessionAssemblymen Titus, Benitez-Thompson, Krasner; Gorelow, Hafen, Hansen, Hardy, Matthews, Nguyen, Orentlicher, Peters, Summers-Armstrong and Thomas
Joint Sponsors: Senators Hardy, D. Harris, Seevers Gansert; Kieckhefer and Ratti
FILE NUMBER 33
Assembly Joint RESOLUTION—Proposing to amend the Nevada Constitution to add and revise terms relating to persons with certain conditions for whose benefit certain public entities are supported by the State.
Legislative Counsels Digest:
Section 1 of Article 13 of the Nevada Constitution requires that institutions for the benefit of the insane, blind and deaf and dumb be fostered and supported by the State. This joint resolution proposes to amend the Nevada Constitution to replace the term institutions with entities and to revise the description of the persons who benefit from these entities from: (1) insane to persons with significant mental illness; (2) blind to persons who are blind or visually impaired; and (3) deaf and dumb to persons who are deaf or hard of hearing. This joint resolution also proposes to amend the Nevada Constitution to add entities for the benefit of persons with intellectual or developmental disabilities to the types of entities that shall be fostered and supported by the State.
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 1 of Article 13 of the Nevada Constitution be amended to read as follows:
Section [.] 1. [Institutions] Entities for the benefit of [the Insane, Blind and Deaf and Dumb,] persons with significant mental illness, persons who are blind or visually impaired, persons who are deaf or hard of hearing and persons with intellectual disabilities or developmental disabilities, and such other benevolent [institutions] entities as the public good may require, shall be fostered and supported by the State, subject to such regulations as may be prescribed by law.
And be it further
Resolved, That this resolution becomes effective upon passage.
________
κ2023 Statutes of Nevada, Page 3758κ
Senate Resolution No. 8Senator Cannizzaro
FILE NUMBER 34
SENATE RESOLUTION—Adopting new Standing Rules of the Senate for the remainder of the 82nd Session of the Legislature.
Resolved by the Senate of the State of Nevada, That the following Senate Standing Rules are hereby adopted for the remainder of the 82nd Session of the Legislature as follows:
I. OFFICERS AND EMPLOYEES
Duties of Officers
Rule No. 1. President.
The President shall take the chair and call the Senate to order precisely at the hour appointed for meeting, and if a quorum is present shall cause the Journal of the preceding day to be read. The President shall preserve order and decorum, and in case of any disturbance or disorderly conduct within the Senate Chamber, shall order the Sergeant at Arms to suppress it, and may order the arrest of any person creating any disturbance within the Senate Chamber. The President may speak to points of order in preference to members, rising from the Presidents seat for that purpose, and shall decide questions of order without debate, subject to an appeal to the Senate by two members, on which appeal no member may speak more than once without leave of the Senate. The President shall sign all acts, addresses and joint resolutions, and all writs, warrants and subpoenas issued by order of the Senate; all of which must be attested by the Secretary. The President has general direction of the Senate Chamber.
Rule No. 2. President pro Tempore and Other Presiding Officers.
1. Except as otherwise provided in subsection 2:
(a) The President pro Tempore has all the power and shall discharge all the duties of the President during his or her absence or inability to discharge the duties of his or her office.
(b) If the President is unwilling to discharge the duties of his or her office, the Senate may, by majority vote of the Senate, call upon the President pro Tempore to serve as the President. Upon such call, the President pro Tempore has all the power and shall discharge all the duties of the President during his or her unwillingness to discharge the duties of his or her office.
(c) In the absence or inability of the President pro Tempore to discharge the duties of the Presidents office, the Chair of the Standing Committee on Legislative Operations and Elections shall serve as the presiding officer. 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.
κ2023 Statutes of Nevada, Page 3759 (FILE NUMBER 34, SR 8)κ
discharge all the duties of the President until the absence or inability which resulted in the member serving as the presiding officer has ended.
2. When the President pro 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.
4. In the absence of the Secretary and subject to the discretion of the Majority Leader, the Assistant Secretary shall attest all writs, warrants and subpoenas issued by order of the Senate and certify as to the passage of bills and resolutions; and in the absence of both officers, the Majority Leader shall designate a signatory.
5. The Secretary shall have custody of all bills, resolutions, petitions, papers and other documents, including, without limitation, matters referred to the committees of the Senate.
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.
κ2023 Statutes of Nevada, Page 3760 (FILE NUMBER 34, SR 8)κ
Rule No. 6. Continuation of Leadership and Standing Rules of the Senate During the Interim Between Regular 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 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. The Standing Rules of the Senate 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 Senate are adopted as part of the organization of a newly-constituted Senate at the commencement of a session, unless a conflict exists with a rule adopted by the Senate for a special session occurring between regular sessions.
The next rule is 10.
II. SESSIONS AND MEETINGS
Rule No. 10. Time of Meeting.
1. Except as otherwise provided in subsection 2, the President shall call the Senate to order each day of sitting at 11:00 oclock a.m., unless the Senate has adjourned to some other hour.
2. In the event an emergency occurs during a regular or special session of the Legislature which requires a meeting of the Senate, the Majority Leader shall call the members back to order before the hour to which the Senate has adjourned.
Rule No. 11. Call of Senate—Moved by Three Members.
A Call of the Senate may be moved by three Senators, and if carried by a majority of all present, the Secretary shall call the roll and note the absentees, after which the names of the absentees shall again be called over. The doors shall then be closed and the Sergeant at Arms directed to take into custody all who may be absent without leave, and all Senators so taken into custody shall be presented at the bar of the Senate for such action as to the Senate may seem proper.
κ2023 Statutes of Nevada, Page 3761 (FILE NUMBER 34, SR 8)κ
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.
Rule No. 14. Convening of Senate between Legislative Sessions.
1. The Senate may be convened at any time between sessions of the Legislature upon a petition signed by a majority of the members elected to the Senate to consider and take action on any matter that is solely and exclusively within the constitutional or inherent powers of the Senate, including, without limitation, any matter that may be considered and acted on by the Senate 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 Senate pursuant to this Rule must specify the matter that will be considered or acted on by the Senate, indicate a date for the Senate to convene and be transmitted to the Secretary of the Senate. Upon receipt of one or more substantially similar petitions signed, in the aggregate, by a majority of the members elected to the Senate, the Secretary shall notify all members of the Senate that the Senate will be convened pursuant to this Rule and the date on which the Senate will be convened.
3. The Senate 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.
κ2023 Statutes of Nevada, Page 3762 (FILE NUMBER 34, SR 8)κ
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)
(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.
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 proposal under consideration and avoid personality.
2. Every ruling on 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 ruling of the Chair stand as the judgment of the Senate?
Rule No. 21. Breaches of Decorum.
1. In cases of breaches of decorum or propriety, any Senator, officer or other person is liable to such censure or punishment as the Senate may deem proper.
2. If any Senator is called to order for offensive or indecorous language or conduct, the person calling the Senator to order shall report the offensive or indecorous language or conduct to the presiding officer. No member may be held to answer for any language used on the floor of the Senate if business has intervened before exception to the language was taken.
3. Indecorous conduct or boisterous or unbecoming language is not permitted in the Senate Chamber.
Rule No. 22. Portable Electronic Communication Devices.
1. A person who is within the Senate Chambers shall not engage in a telephone conversation via the use of a portable telephone when the Senate is convened.
κ2023 Statutes of Nevada, Page 3763 (FILE NUMBER 34, SR 8)κ
2. Before entering the Senate Chambers, any person who possesses a portable electronic communication device 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 Senate Chambers.
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) Three qualified electors of the State, two of whom are appointed by the Majority Leader 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.
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 proposal.
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. If a member of the Committee is unable to serve for any reason during the consideration of a specific proposal, 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 proposal.
4. A member of the Committee is disqualified to serve during the consideration of a specific proposal if:
(a) The member is the requester of advice concerning the question of ethics or conflict of interest, or the member is the subject of the complaint concerning the specific question; or
(b) A reasonable person in the members situation could not exercise independent judgment on the matter in question.
5. The members of the Committee shall perform any duty required in the period between the time of their appointment after the general election and the organization of the next succeeding regular session, or until the Majority Leader or the Minority Leader appoint new members to the Committee, whichever occurs first.
6. The tenure of the members of the Committee shall extend during the interim between regular sessions of the Legislature.
7. The Committee:
(a) May hear requests brought by Senators for advice on specific questions of potential breaches of ethics and conflicts of interest; and
(b) Shall hear complaints brought by Senators and others on specific questions of alleged breaches of ethics and conflicts of interest, including, without limitation, alleged breaches of the Legislative Code of Ethical Standards in the Joint Standing Rules.
κ2023 Statutes of Nevada, Page 3764 (FILE NUMBER 34, SR 8)κ
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
(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.
κ2023 Statutes of Nevada, Page 3765 (FILE NUMBER 34, SR 8)κ
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:
(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.
The next rule is 30.
κ2023 Statutes of Nevada, Page 3766 (FILE NUMBER 34, SR 8)κ
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.
V. LEGISLATIVE BODIES
Rule No. 40. Standing and Select Committees.
1. Except as otherwise provided in Senate Standing Rule No. 23, the Majority Leader shall appoint all standing and select committees and 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 52-55 of NRS, and chapters 97-100, 118-119, 119B, 461, 461A, 489, 678A, 678B, 678D, 679A-693A, 694A-697, 711 and 712 of NRS, except measures affecting primarily state and local revenue.
κ2023 Statutes of Nevada, Page 3767 (FILE NUMBER 34, SR 8)κ
(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, five 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, 583-585 and 678C 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, 407 and 407A 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.
κ2023 Statutes of Nevada, Page 3768 (FILE NUMBER 34, SR 8)κ
Rule No. 41. Appointment of Alternates.
If the Chair or any member of a committee is temporarily unable to perform his or her duties, the Majority Leader shall appoint an alternate of the same political party to serve in the Chairs or the members place for such time as is determined by the Majority Leader.
Rule No. 42. Committee Expenses.
No committee shall employ assistance or incur any expense, except by permission of the Majority Leader previously obtained.
Rule No. 43. Duties of Committees.
The several committees shall acquaint themselves with the interests of the State specially represented by the committee and shall present such bills and reports as in their judgment will advance the interests and promote the welfare of the people of the State.
Rule No. 44. Reserved.
Rule No. 45. Reserved.
Rule No. 46. Forming Committee of the Whole.
In forming the Committee of the Whole, the Senator who has so moved shall name a Chair to preside. All amendments proposed by the Committee shall be reported by the Chair to the Senate.
Rule No. 47. Rules Applicable to Committee of the Whole.
The Rules of the Senate shall apply to proceedings in Committee of the Whole, except that the previous question shall not be ordered, nor the yeas and nays demanded, but the Committee may limit the number of times that any member may speak, at any stage of proceedings, during its sitting. Messages may be received by the President while the Committee is sitting; in which case the President shall resume the chair and receive the message. After receiving the message, the President shall vacate the chair in favor of the Chair of the Committee.
Rule No. 48. Motion to Rise Committee of the Whole.
A motion that the Committee rise shall always be in order, and shall be decided without debate.
Rule No. 49. Reference to Committee.
When a motion is made to refer any subject, and different committees are proposed, the subject may be referred to the committee with jurisdiction over the subject as set forth in Senate Standing Rule No. 40, or to a different committee, upon a majority vote of the members present.
Rule No. 50. Return From Committee.
1. Any bill or other matter referred to a committee of the Senate must not be withdrawn or ordered taken from the committee for consideration by the Senate, for re-referral, or for any other reason without a majority vote of the Senate, and at least one days notice of the motion therefor.
2. No such motion is in order:
κ2023 Statutes of Nevada, Page 3769 (FILE NUMBER 34, SR 8)κ
(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. 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 Secretary for transmittal to the second committee.
Rule No. 52. Reserved.
Rule No. 53. Committee Rules.
1. The rules of the Senate, as far as applicable, are the rules of committees of the Senate. Procedure in committees, where not otherwise provided in this Rule, must follow the procedure of the Senate. For matters not included in the rules of the Senate or these rules, Masons Manual of Legislative Procedure must be followed.
2. A majority of any committee constitutes a quorum for the transaction of business.
3. A meeting of a committee may not be opened without a quorum present.
4. In addition to regularly scheduled meetings of a committee or those called by the Chair of the committee, meetings may be set by a written petition of a majority of the committee and filed with the Chair of the committee.
5. A bill may be passed from a committee only by a majority of the committee membership. A simple majority of those present and voting is sufficient to adopt committee amendments.
6. Subcommittees may be appointed by the Chair of a committee to consider subjects specified by the Chair and shall report back to the committee. If a member of a subcommittee is not a member of the standing or select committee for which the subcommittee is created, the approval of the Majority Leader is required for that members appointment. If a subcommittee is so appointed, the Chair of the committee shall determine whether the subcommittee shall keep minutes of its meetings. Any minutes required to be kept pursuant to this subsection must comply with the provisions of subsection 12.
7. A committee shall act only when together, and all votes must be taken in the presence of the committee. A member shall not be recorded as voting unless the member was actually present in the committee at the time of the vote. The Chair of the committee must be present when the committee votes to take any final actions on bills or resolutions, but the Chair is not required to vote. In addition to the use of remote-technology systems pursuant to Senate Standing Rule No.
κ2023 Statutes of Nevada, Page 3770 (FILE NUMBER 34, SR 8)κ
systems pursuant to Senate Standing Rule No. 136, upon approval of the Majority Leader, 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. A member who is participating in a committee meeting with all committee members participating through the use of a remote-technology system pursuant to the direction of the Majority Leader shall participate in the committee meeting from a location other than a committee meeting room. 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.
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.
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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 proposal 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 proposal 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 or recission of a vote on a motion to postpone indefinitely.
B. Particular Motions
Rule No. 63. To Adjourn.
A motion to adjourn shall always be in order unless a motion to reconsider a final vote on a bill or resolution or any other action is pending. The name of the Senator moving to adjourn, and the time when the motion was made, shall be entered in the Journal.
Rule No. 64. Lay on the Table.
A motion to lay on or take from the table shall be carried by a majority vote.
Rule No. 65. Reserved.
κ2023 Statutes of Nevada, Page 3772 (FILE NUMBER 34, SR 8)κ
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 Proposal.
1. Any Senator may call for a division of a proposal.
2. A proposal must be divided if the Senate determines it embraces subjects so distinct that if one subject is taken away, a substantive proposal 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 Proposal.
1. Every Senator who speaks shall, in his or her place, address Mr. or Madam President, in a courteous manner, and shall confine himself or herself to the proposal before the Senate.
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 proposals arising during debate shall not be considered the same proposal.
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 proposal or proposals before it, and all incidental proposals arising after the motion was made shall be decided without debate. A person who is speaking on a proposal shall not while he or she has the floor move to put that question.
The next rule is 90.
κ2023 Statutes of Nevada, Page 3773 (FILE NUMBER 34, SR 8)κ
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. Except as otherwise provided in subsection 2, to preserve decorum and facilitate the business of the Senate, only the following persons may be present on the floor of the Senate during formal sessions:
(a) State officers;
(b) Officers and members of the Senate;
(c) Employees of the Legislative Counsel Bureau;
(d) Staff of the Senate; and
(e) Members of the Assembly whose presence is required for the transaction of business.
2. Guests of Senators must be seated in a section of the upper or lower gallery of the Senate Chamber to be specially designated by the Sergeant at Arms. The Majority Leader may specify special occasions when guests may be seated on the floor of the Senate with a Senator.
3. A majority of Senators may authorize the President to have the Senate Chamber cleared of all persons except Senators and officers of the Senate.
κ2023 Statutes of Nevada, Page 3774 (FILE NUMBER 34, SR 8)κ
4. The Senate Chamber must not be used for any public or private business other than legislative, except by permission of the Senate.
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. Peddling, Begging and Soliciting.
1. Peddling, begging and soliciting are strictly forbidden in the Senate Chambers, and in the lobby, gallery and halls adjacent thereto.
2. No part of the Senate 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 Senate Chambers may be used for, or occupied by, signs or other devices for any kind of advertising for commercial or personal gain.
Rule No. 100. Reserved.
Rule No. 101. Reserved.
Rule No. 102. Objection to Reading of Paper.
Where the reading of any paper is called for, and is objected to by any Senator, it shall be determined by a vote of the Senate, and without debate.
Rule No. 103. Questions Relating to Priority of Business.
All questions relating to the priority of business shall be decided without debate.
B. Bills and Resolutions
Rule No. 104. Reserved.
Rule No. 105. Reserved.
Rule No. 106. Skeleton Bills.
Skeleton bills may be introduced after the beginning of a session when, in the opinion of the sponsor and the Legislative Counsel, the full drafting of the bill would entail extensive research or be of considerable length. A skeleton bill will be a presentation of ideas or statements of purpose, sufficient in style and expression to enable the Legislature and the committee to which the bill may be referred to consider the substantive merits of the legislation proposed.
κ2023 Statutes of Nevada, Page 3775 (FILE NUMBER 34, SR 8)κ
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. The reading of a bill is by number, sponsor and summary.
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 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 for placement on the Consent Calendar if:
(a) An amendment of the bill 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 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 must be removed from the Consent Calendar at the request of any Senator, without question or debate. A bill 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:
κ2023 Statutes of Nevada, Page 3776 (FILE NUMBER 34, SR 8)κ
(a) The bills remaining on the Consent Calendar must be read by number, sponsor 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 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, including, without limitation, submission by electronic means. 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 request that his or her name be removed as a sponsor of the bill or resolution. A Senator may make a request to have his or her name removed as a sponsor of:
(a) A resolution of the Senate, at any time after the resolution is introduced in the Senate and before the resolution is passed by the Senate.
(b) A bill or a joint or concurrent resolution:
(1) At any time after the bill or resolution is introduced in the Senate and before the bill or resolution is passed out of the Senate to the Assembly; and
κ2023 Statutes of Nevada, Page 3777 (FILE NUMBER 34, SR 8)κ
(2) At any time after the bill or resolution is returned to the Senate following passage by the Assembly and before the bill or resolution is enrolled.
Κ In such case, if the Senator is the only sponsor of the bill or resolution, another Senator may 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.
5. Notwithstanding any provision of the Standing Rules of the Senate or the Joint Rules of the Senate and Assembly, if all Senators who are primary sponsors or cosponsors of a bill or resolution remove their names as sponsors of the bill or resolution while the bill or resolution is in the Senate and no other Senator adds his or her name as a sponsor of the bill or resolution, the names of the primary joint sponsor or sponsors and the non-primary joint sponsor or sponsors, if any, must be removed from the bill or resolution without an amendment.
Rule No. 113. Reading of Bills—General File.
1. Upon reading of bills on the Second Reading File, Senate and Assembly bills reported without amendments must be ordered to the General File. Committee amendments reported with bills must be considered upon their second reading and such amendments may be adopted by a majority vote of the members present. Bills so amended must be reprinted, engrossed or reengrossed, and ordered to the General File. The File must be made available to members of the public each day by the Secretary.
2. Any member may move to amend a bill during its reading on the Second Reading File or during its third reading and the motion to amend may be adopted by a majority vote of the members present. Bills so amended on second reading must be treated the same as bills with committee amendments. Any bill so amended upon the General File must be reprinted and engrossed or reengrossed.
3. 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 bills must be printed.
Rule No. 114. Referral of Bill With Special Instructions.
A bill may be referred to committee with special instructions to amend at any time before taking the final vote.
κ2023 Statutes of Nevada, Page 3778 (FILE NUMBER 34, SR 8)κ
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 proposal and upon a final vote on a bill or resolution may be made and decided at once.
Rule No. 116. Vetoed Bills.
Bills which have passed the Legislature, and forwarded by letter, to the Senate by the Secretary of State or the Governor and which are accompanied by a message of the Governors disapproval, or veto of the same, shall become a special order and, at which time, the said message shall be read, together with the bill or bills so disposed or vetoed; and the message and bill shall be read without interruption, consecutively, one following the other, and not upon separate occasions; and no such bill or message shall be referred to any committee, or otherwise acted upon, save as provided by rule, custom and law; that is to say, that immediately following such reading the only questions (except as hereinafter stated) which shall be put by the Chair is, Shall the bill pass, notwithstanding the objections of the Governor? It shall not be in order, at any time, to vote upon such vetoed bill without the same having first been read; the merits of the bill itself may be debated and the only motions entertained after the Chair has stated the question are a motion for The previous question, or a motion for No further consideration of the vetoed bill.
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. Joint Resolutions.
1. Joint resolutions must be used to address Congress, or either House thereof, or the President of the United States, or the heads of any of the national departments, or to propose amendments to the State Constitution. A roll call vote must be taken upon final passage of a joint resolution and entered in the Journal.
2. Upon introduction, the reading of a joint resolution is for informational purposes and referral to committee, unless the joint resolution is rejected or a member moves to immediately consider the joint resolution for final passage. The motion to immediately consider the joint resolution for final passage may be adopted by a majority vote of the Senate.
3. Committee amendments reported with joint resolutions may be adopted by a majority vote of the members present. Joint resolutions so amended must be reprinted, engrossed or reengrossed, and ordered to the Resolution File.
4. Any member may move to amend a joint resolution and the motion to amend may be adopted by a majority vote of the members present. Joint resolutions so amended must be treated the same as joint resolutions with committee amendments. Any joint resolution so amended must be reprinted and engrossed or reengrossed, and ordered to the Resolution File.
κ2023 Statutes of Nevada, Page 3779 (FILE NUMBER 34, SR 8)κ
5. Committee amendments and all other amendments must be available to members of the public after the amendments are submitted to the Secretary for processing in order to be considered for the Resolution File.
6. The Secretary shall make the Resolution File available to members of the public each day.
7. A joint resolution proposing an amendment to the State Constitution must be entered in the Journal in its entirety.
8. An appropriate number of copies of all amended joint resolutions must be printed.
Rule No. 118.2. Memorial Resolutions.
Once the sponsor has moved for the adoption of a memorial resolution, not more than one member from each caucus, and, upon request of a member of the body and the approval of the Majority Leader, one additional member may speak on the resolution.
Rule No. 119. Certain Resolutions Treated as Motions.
Except as otherwise provided in Senate Standing Rules Nos. 118 and 118.2, resolutions must be treated as motions in all proceedings of the Senate.
Rule No. 119.2. Return From the Secretary of State.
A Senate resolution may be used to request the return from the Secretary of State of an enrolled Senate resolution for further consideration.
C. Order of Business, Special Orders and Other Matters
Rule No. 120. Order of Business.
1. Roll Call.
2. Prayer and Pledge of Allegiance to the Flag.
3. Reading and Approval of the Journal.
4. Reports of Committees.
5. Messages from the Governor.
6. Messages from the Assembly.
7. Communications.
8. Waivers and Exemptions.
9. Motions, Resolutions and Notices.
10. Introduction, First Reading and Reference.
11. Consent Calendar.
12. Second Reading and Amendment.
13. General File and Third Reading.
14. Unfinished Business.
15. Special Orders of the Day.
16. Remarks from the Floor; Introduction of Guests. A Senator may speak under this order of business for a period of not more than 10 minutes.
Rule No. 121. Privilege.
Any Senator may explain a matter personal to himself or herself by leave of the President, but the Senator shall not discuss any pending proposal in such explanation.
κ2023 Statutes of Nevada, Page 3780 (FILE NUMBER 34, SR 8)κ
Rule No. 122. Reserved.
Rule No. 123. Reserved.
Rule No. 124. Preference to Speak.
When two or more Senators request to speak at the same time the President shall name the one who may first speak—giving preference, when practicable, to the mover or introducer of the subject under consideration.
Rule No. 125. Special Order of Business.
The President shall call the Senate to order on the arrival of the time fixed for the consideration of a special order, and announce that the special order is before the Senate, which shall be considered, unless it be postponed by a majority vote of the Senate, and any business before the Senate at the time of the announcement of the special order shall go to Unfinished Business.
Rule No. 126. Reserved.
Rule No. 127. Reserved.
Rule No. 128. Seniority Among Senators.
1. The Senate shall determine seniority among the Senators as follows:
(a) Credit total continuous service in the Senate first;
(b) Credit total noncontinuous service in the Senate second;
(c) Credit total continuous service in the Assembly third; and
(d) Credit total noncontinuous service in the Assembly fourth.
2. In every case where there are ties, those ties are broken by alphabetical order.
Rule No. 129. Reserved.
D. Contests of Elections
Rule No. 130. Procedure.
1. The Senate shall not dismiss a statement of contest for want of form if any ground of contest is alleged with sufficient certainty to inform the defendant of the charges he or she is required to meet. The following grounds are sufficient, but are not exclusive:
(a) That the election board or any member thereof was guilty of malfeasance.
(b) That a person who has been declared elected to an office was not at the time of election eligible to that office.
(c) That illegal votes were cast and counted for the defendant, which, if taken from the defendant, will reduce the number of legal votes below the number necessary to elect him or her.
(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.
κ2023 Statutes of Nevada, Page 3781 (FILE NUMBER 34, SR 8)κ
(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.
E. Remote-Technology Systems
Rule No. 131. Reserved.
Rule No. 132. Reserved.
Rule No. 133. Reserved.
Rule No. 134. Reserved.
Rule No. 135. Reserved.
Rule No. 136. Authorized Use of Remote-Technology Systems in Exceptional Circumstances.
1. As used in this Rule, remote-technology system means any system or other means of communication that is:
(a) Approved by the Majority Leader and uses any electronic, digital or other similar technology to enable a member of the Senate from a remote location to attend, participate, vote and take any other action in any proceedings of the Senate or the Committee of the Whole even though the member is not physically present within the Senate Chambers or at a meeting of the Committee of the Whole.
(b) Approved by the chair of a committee, other than the Committee of the Whole, and uses any electronic, digital or other similar technology to enable a member of the Senate from a remote location to attend, participate, vote and take any other action in any proceedings of the committee even though the member is not physically present at a meeting of the committee.
2. Upon request by a member of the Senate:
(a) Except as otherwise provided in this paragraph, the Majority Leader may authorize the member to use a remote-technology system to attend, participate, vote and take any other action in any proceedings of the Senate or the Committee of the Whole if the Majority Leader determines that exceptional circumstances warrant such use by the member.
κ2023 Statutes of Nevada, Page 3782 (FILE NUMBER 34, SR 8)κ
that exceptional circumstances warrant such use by the member. If the Majority Leader grants such authorization:
(1) It must be entered in the Journal of the Senate.
(2) A member who uses a remote-technology system to attend or participate in a proceeding of the Senate may not vote on any matter on which a vote is taken in that proceeding unless the member is using the remote-technology system to attend or participate in the proceeding from a location in this State.
(b) The chair of a committee, other than the Committee of the Whole, with the approval of the Majority Leader, may authorize the member to use a remote-technology system to attend, participate, vote and take any other action in any proceedings of the committee if the chair and the Majority Leader determine that exceptional circumstances warrant such use by the member. If the chair grants such authorization, it must be entered in the records of the committee.
3. Except as otherwise provided in subparagraph (2) of paragraph (a) of subsection 2, if a member of the Senate uses a remote-technology system to attend, participate, vote and take any other action in any proceedings pursuant to this Rule, the member shall be deemed to be present and in attendance at the proceedings for all purposes.
4. For the purposes of voting in proceedings of:
(a) The Committee of the Whole, the Secretary of the Senate, or an authorized assistant, shall call the roll of each member who is authorized to use a remote-technology system for the proceedings and, in accordance with the procedures of the Senate, cause the members vote to be entered into the record for the purposes of the records of the Committee of the Whole.
(b) A committee, other than the Committee of the Whole, the committee secretary shall call the roll of each member who is authorized to use a remote-technology system for the proceedings and, in accordance with the procedures of the committee, cause the members vote to be entered into the record for the purposes of the records of the committee.
5. Except as otherwise provided in subsection 7 of Senate Standing Rule No. 53, this Rule supersedes, takes precedence and controls over any other rule, provision or principle of law to the extent of any conflict with this Rule.
6. The Senate 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) Section 6 of Article 4 of the Nevada Constitution invests each House with plenary and exclusive constitutional powers to determine the rules of its proceedings and 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.
κ2023 Statutes of Nevada, Page 3783 (FILE NUMBER 34, SR 8)κ
(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)
(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))
(g) Under the Nevada Constitution, there are no constitutional provisions establishing a particular method for determining whether a member of either House is present at legislative proceedings.
(h) The United States Supreme Court has held that when there are no constitutional provisions establishing a particular method for determining whether a member of a legislative house is present at legislative proceedings, it is therefore within the competency of the house to prescribe any method which shall be reasonably certain to ascertain the fact. (United States v. Ballin, 144 U.S. 1, 6 (1892))
(i) The United States Supreme Court has also held that when a legislative house adopts a rule establishing a reasonable method for determining whether a member is present at legislative proceedings, that rule must be given great deference by the courts because:
Neither do the advantages or disadvantages, the wisdom or folly, of such a rule present any matters for judicial consideration. With the courts the question is only one of power. The constitution empowers each house to determine its rules of proceedings. It may not by its rules ignore constitutional restraints or violate fundamental rights, and there should be a reasonable relation between the mode or method of proceeding established by the rule and the result which is sought to be attained. But within these limitations all matters of method are open to the determination of the house, and it is no impeachment of the rule to say that some other way would be better, more accurate, or even more just. It is no objection to the validity of a rule that a different one has been prescribed and in force for a length of time. The power to make rules is not one which once exercised is exhausted. It is a continuous power, always subject to be exercised by the house, and, within the limitations suggested, absolute and beyond the challenge of any other body or tribunal.
(United States v. Ballin, 144 U.S. 1, 5 (1892))
κ2023 Statutes of Nevada, Page 3784 (FILE NUMBER 34, SR 8)κ
7. The Senate hereby exercises its constitutional and inherent powers and privileges and adopts this Rule to:
(a) Govern, control and regulate its membership and its internal organization, affairs and management;
(b) Ensure its institutional self-protection and self-preservation; and
(c) Establish a reasonable method for determining whether a member of the Senate is present at legislative proceedings during exceptional circumstances.
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.
And be it further
Resolved, That this resolution becomes effective upon adoption.
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Senate Resolution No. 9Senator Cannizzaro
FILE NUMBER 35
Senate RESOLUTION—Expressing appreciation to the staff of the Senate for their service during the 82nd Session of the Nevada Legislature.
Whereas, Each legislative session the Senate elects an officer to serve as the Parliamentarian and Chief Administrative Officer of the Senate; and
Whereas, The Senate of the 82nd Session of the Nevada Legislature elected Brendan Bucy to serve as Secretary of the Senate for the first time; and
Whereas, The Secretary of the Senate is responsible for employing all of the staff of the Senate, including the Sergeants at Arms, Front Desk Clerks, Administrative Services Staff, Leadership Officers, Legislative Assistants, Committee Managers, Committee Secretaries and Proofreaders; and
Whereas, Many of the dedicated members of the staff of the Senate return to work each legislative session, some of whom have retired from other governmental service, bringing a vast amount of knowledge and experience, while others bring talent and expertise from a myriad of diverse backgrounds; and
Whereas, Throughout the legislative session, the Secretary and staff of the Senate meticulously maintained a thorough and accurate record of all of the proceedings of the Senate and its Committees and diligently ensured that all of the needs of the members of the Senate were met; and
κ2023 Statutes of Nevada, Page 3785 (FILE NUMBER 35, SR 9)κ
Whereas, The talented staff who worked for the Senate during the 82nd Session of the Nevada Legislature carried out their responsibilities with ingenuity, enthusiasm and resourcefulness; and
Whereas, The exemplary service of the staff of the Senate, their professional attitudes, selfless commitment to excellence and admirable efficiency enabled the Senate to complete a daunting quantity of work within the rigorous scheduling deadlines of the 120-day legislative session; now, therefore, be it
Resolved by the Senate of the State of Nevada, That the members of the Senate do hereby express their sincere appreciation to the Secretary of the Senate and all of the outstanding members of the staff of the Senate and commend their dedication, cooperation, excellent work and willingness to serve the State; and be it further
Resolved, That the Secretary of the Senate prepare and transmit a copy of this resolution to each member of the staff of the Senate; and be it further
Resolved, That this resolution becomes effective upon adoption.
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Assembly Concurrent Resolution No. 8Committee on Legislative Operations and Elections
FILE NUMBER 36
Assembly Concurrent RESOLUTION—Granting administrative leave to legislative employees in recognition of their service to the 82nd 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 82nd 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
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Resolved by the Assembly of the State of Nevada, the Senate Concurring, That 5 days of administrative leave are hereby granted to each:
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; and be it further
Resolved, That this resolution becomes effective upon adoption.
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Assembly Resolution No. 10Assemblyman Yeager
FILE NUMBER 37
Assembly RESOLUTION—Expressing appreciation to the staff of the Assembly for their service during the 82nd Session of the Nevada Legislature.
Whereas, Each legislative session the Assembly elects an officer to serve as the Parliamentarian and Chief Administrative Officer of the Assembly; and
Whereas, The Assembly of the 82nd Session of the Nevada Legislature elected Susan Furlong to serve as Chief Clerk for the ninth time; and
Whereas, The Chief Clerk has attended each daily session of the Assembly and has read each bill and resolution to the body; and
Whereas, The Chief Clerk is responsible for employing all of the staff of the Assembly, including the Sergeants at Arms, Front Desk Staff, Personal Attaches, Committee Services Staff, Administrative Services Staff and other attaches; and
Whereas, Many of the dedicated members of the staff of the Assembly return to work each legislative session, some of whom have retired from other governmental service, bringing a vast amount of knowledge and experience, while others bring talent and expertise from a myriad of diverse backgrounds; and
Whereas, Completing the work of the Legislature within the constitutionally mandated 120-day limit is always a daunting task; and
Whereas, Despite unprecedented challenges, the Chief Clerk, with her able and dedicated staff, meticulously maintained a thorough and accurate record of all of the proceedings of the Assembly and its Committees and diligently ensured that all of the needs of the members of the Assembly were met; and
Whereas, The extraordinary staff who served the Assembly during the 82nd Session of the Nevada Legislature carried out their responsibilities with enthusiasm, resourcefulness, and perseverance; and
κ2023 Statutes of Nevada, Page 3787 (FILE NUMBER 37, AR 10)κ
Whereas, Throughout the legislative session, the staff of the Assembly maintained their exemplary standards of professionalism and expertise in performing the many functions that enable the Assembly to complete its work; now, therefore, be it
Resolved by the Assembly of the State of Nevada, That the members of the Assembly do hereby express their sincere appreciation to the Chief Clerk and all of the outstanding members of the staff of the Assembly and commend their dedication, cooperation, excellent work and willingness to serve the State; and be it further
Resolved, That the Chief Clerk of the Assembly prepare and transmit a copy of this resolution to each member of the staff of the Assembly; and be it further
Resolved, That this resolution becomes effective upon adoption.
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Assembly Resolution No. 11Assemblymen Yeager, Jauregui and ONeill
FILE NUMBER 38
Assembly RESOLUTION—Expressing appreciation to Lucinda Cindy Benjamin for her many years of service to the Nevada Assembly.
Whereas, The demands placed on legislative staff as they support lawmakers during Nevadas biennial legislative sessions are rigorous and oftentimes extraordinary; and
Whereas, Lucinda Cindy Benjamin rose to face this challenge for a total of 16 regular sessions and countless special sessions, demonstrating her dedication by making the long commute from her home in Schurz, Nevada, for many years; and
Whereas, Cindy Benjamin began her legislative career in 1973 as a committee secretary for the Assembly Committee on Taxation, never dreaming that life would lead her back to the Assembly some years later; and
Whereas, Cindy and her family later moved to southern California, where Cindy earned a Bachelor of Science degree in Business Administration from La Verne University before returning to Nevada; and
Whereas, Cindy has witnessed tremendous growth and change in the Legislative Branch over the course of her career, from a time when the bill histories so essential to following the legislative process were compiled on small strips of paper, taped together at the end of the day and delivered to the State Printer, to the sophisticated technology we enjoy today; and
Whereas, Applying her unceasingly patient attention to detail, Cindy has served as the Assembly History Clerk for a total of 14 regular sessions, recording many thousands of accurate history actions during that time and creating an exceptional record of legislative proceedings that will be looked to for untold years to come; and
κ2023 Statutes of Nevada, Page 3788 (FILE NUMBER 38, AR 11)κ
Whereas, Owing to her intelligent way of spotting critical inaccuracies in the legislative work at hand, Cindy is regarded for her meticulousness and has rightfully earned the nickname Eagle-eye Benjamin; and
Whereas, Cindys wealth of experience and generosity in sharing her knowledge has made her an invaluable support to her colleagues, and her far-reaching knowledge of Assembly history and processes has fortified the collective knowledge of the Front Desk staff; and
Whereas, With a calm and gentle nature, Cindy has been a constant comfort to those around her, especially during the most frantic moments of session, and she has been a delight to work with for these many years; and
Whereas, Upon closing out her career with the Assembly, Cindy will return to her life as a talented artist, weaving exquisite baskets from willow, pine needles and horsehair; beading colorful jewelry of fine detail; sewing and beading garments from deer hide she tanned herself; and painting pictures that take your breath away; and
Whereas, As a proud member of the Walker River Paiute Tribe, Cindy intends to continue investing her free time cultivating the deep love she carries for her heritage by learning the language of her ancestors; now, therefore, be it
Resolved by the Assembly of the State of Nevada, That the members of the Assembly and her fellow colleagues on the Front Desk do hereby express their deepest appreciation to Cindy Benjamin upon her retirement and bid her their warmest farewell in the language of her heritage: Boone dwa—see you next time; and be it further
Resolved, That the Chief Clerk of the Assembly prepare and transmit a copy of this resolution to Lucinda Benjamin; and be it further
Resolved, That this resolution becomes effective upon adoption.
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