Nineteenth Special Session, 2003
ASSEMBLY DAILY JOURNAL
THE FIRST DAY
Carson City (Tuesday), June 3, 2003
Assembly called to order at 5:32 p.m.
Mr. Speaker presiding.
All present except Assemblyman Goldwater, who was excused.
Prayer by the Chaplain, Terry Sullivan.
Dear Lord, thank You for all the good work that’s been done here in this past 120 days. We thank You for allowing us to agree to disagree and still be friends and colleagues. Give us the strength to finish our work with the same dignity and respect that has characterized the first 120 days of this session. Most of all Lord, we ask that You provide all of us a safe journey home when we do finish our work so that we can join our family and friends once again enjoy our home life. And as always, Lord, we certainly want a good horse when we get there. Thank You, Lord.
Pledge of allegiance to the Flag.
MOTIONS, RESOLUTIONS AND NOTICES
Mr. Speaker appointed Assemblymen Anderson, Leslie, and Hardy as a committee to inform the Senate that the Assembly was organized and ready for business.
Mr. Speaker appointed Assemblymen Buckley, Oceguera, and Hettrick as a committee to inform the Governor that the Assembly was organized and ready for business.
A committee from the Senate composed of Senators Amodei, Rhoads, and Carlton appeared before the bar of the Assembly and announced that the Senate was organized and ready for business.
Assemblyman Anderson reported that his committee had informed the Senate that the Assembly was organized and ready for business.
Assemblywoman Buckley reported that her committee had informed the Governor that the Assembly was organized and ready for business.
Mr. Speaker announced the following select committee, the first-named member being the chairman, the second-named being the vice-chairman:
Select Committee On State Revenue And Education Funding—Arberry, Parks, Anderson, Chowning, Giunchigliani, Leslie, McClain, McCleary, Mortenson, Perkins, Pierce, Andonov, Angle, Brown, Gibbons, Grady, Griffin, Hettrick, Marvel.
MOTIONS, RESOLUTIONS AND NOTICES
Assemblywoman Buckley moved that persons as set forth on the Nevada Legislature’s Press Accreditation List of June 3, 2003 be accepted as accredited press representatives, that they be assigned space at the press table in the Assembly chambers, that they be allowed use of appropriate broadcasting facilities, and the list be included in this day’s journal:
ASSOCIATED PRESS, Benjamin Kieckhefer; Ryan Pearson; BUREAU OF NATIONAL AFFAIRS, William Carlile; DAILY SPARKS TRIBUNE/KAME/KRXI-TV, Andrew Barbano; ELKO DAILY FREE PRESS, Jerry Blair; FOX 5 NEWS, Garrett Breit; John Huck; KLAS - TV, Matthew Adams; Richard Czarny; George Knapp; Victor Woodall; KLVX - TV, Tom Axtell; KNPB -TV, Erin Breen; Ali Herndon-Ortega; Jack Kelly; Bonnie Maclean; Dennis Myers; Ethan Salter; Dave Santina; Douglas Walters; KOLO - TV CHANNEL 8, Brent Boynton; Jean Casarez; Mark Cronon; Jeff Deitch; Tim Ill; Justin Kanno; Josh Little; Vicky Nguyen; Ed Pearce; Terri Russell; James Steiner; KPTL - RADIO, Cheri D. Flynn; Scott Gahagen; Ron Harrison; Jarvis Kaler; Terrie Q. Sayre; KTNV - TV NEWS 13, Mark Sayre; KVBC - NEWS 3, Alyssa Anderson; Justin Rush; Kendall Tenney; KWNA - RADIO, Torrey Sheen; LAS VEGAS CITYLIFE, Matt O'Brien; LAS VEGAS SUN, Michael Campbell; David Clayton; Dana Gentry; Jeff German; Matt Hufman; Steve Kanigher; Jennifer Knight; Ed Koch; Aaron Mayes; Erin Neff; Judy Odierna; Angla Pilmer; Launce Rake; Jon Ralston; Emily Richmond; Cy Ryan; Susan Snyder; NEVADA APPEAL, Cathleen Allison; Brian Corley; Rhonda Costa-Landers; Kelli Du Fresne; Ray Estrada; Rick Gunn; Brad Horan; Karl Horeis; Jill Keller; Francine Norton; Barry Smith; Teri Vance; Susan Vasquez; NEVADA BROADCASTER'S ASSOCIATION, Robert David Fisher; NKPR NEVADA PUBLIC RADIO, Kyril Pluskon; NORTH LAKE TAHOE BONANZA, Rick Adair; NORTH LAKE TAHOE BONANZA, Kirk Caraway; NORTHERN NEVADA BUSINESS WEEKLY, Anne Knowles; Anne Knowles; SAM SHAD PRODUCTIONS, Sam Breen; Ande Engleman; Samuel Shad; THE MEDIA CENTER, Don Alexander; Kim Anhalt; John Bankhead; Jeremy Baumann; Nancy Burgess; Carol Cizauskas; Kaye Crawford; Charles M. Evans; Fred Fichman; Mitch Fox; Henry King; TDavid Kizler; John Ponzo; Earl Spriggs; THE UNLV REBEL YELL, Erik Ball; Nick Christensen; Angela Flores; UNIVISION - LAS VEGAS NEWS, Jorge Avila; Sol Binkier; Ricardo Fernandez; Janette Luviano; Joel Romo; Xochitl Sandoval; Johanna Suarez; Brenda Torres; Roger Velado; VARTEK, Marcia Cohen; Michael Vargas; VIRGINIA CITY REGISTER, Gary M. G. Deacon; Scott Phillips; Bill Sjovaugen; Sharon Truehill; Douglas Truehill; Ernst Wipple; WE THE PEOPLE, Shayne Del Cohen.
MESSAGES FROM THE GOVERNOR
STATE OF NEVADA
OFFICE OF THE GOVERNOR
A PROCLAMATION BY THE GOVERNOR:
WHEREAS, Section 9 of Article V of the Constitution of the State of Nevada provides that “The Governor may on extraordinary occasions, convene the Legislature by Proclamation and shall state to both houses when organized, the purpose for which they have been convened, and the Legislature shall transact no legislative business, except that for which they were specially convened, or such other legislative business as the Governor may call to the attention of the Legislature while in Session;”
WHEREAS, believing that an extraordinary occasion now exists which requires immediate action by the Legislature;
NOW, THEREFORE, I, KENNY C. GUINN, GOVERNOR OF THE STATE OF NEVADA, by virtue of the authority vested in me by the Constitution of the State of Nevada, do hereby convene the Legislature into a Special Session to begin at 4:00 p.m., on June 3, 2003, and to end at 5:00 p.m. on June 6, 2003.
During the extraordinary session, the Legislature may consider a tax plan sufficient to meet all of the appropriations and other spending measures that were passed during the 72nd Session of the Nevada Legislature and which may be passed during this Special Session. The Legislature may further consider during this session the matters contained within Assembly Bill 536, Senate Bill 508, and Senate Bill 509 of the 72nd Session of the Nevada Legislature.
The Legislature may also consider an appropriation to pay for the cost of the session and any other matters brought to the attention of the Legislature by the Governor during the Special Session.
In Witness Whereof, I have hereunto set my hand and caused the great seal of the state of Nevada to be affixed at the state capitol in Carson City this 3rd day of June, in the year two thousand three.
Kenny C. Guinn
Secretary Of State
Deputy Secretary of State
Office Of The Governor
Carson City, Nevada, June 3, 2003
The Honorable Richard D. Perkins, Speaker of the Assembly, Nevada State Assembly, Legislative Building, 401 S. Carson Street, Carson City, Nevada 89701
To The Honorable Members Of The Nevada State Assembly:
The Nevada State Constitution, in Article V, Section 9, provides that the Governor may on extraordinary occasions convene a special session of the Legislature by proclamation.
This afternoon I have issued my proclamation convening a special session of the Legislature. Therefore, I request that you remain in Carson City to complete some important legislative work. I have defined and limited the scope of your legislative endeavors within my proclamation calling this special session. Consider only the matters set forth in this proclamation, and I wish you well in completing your legislative business.
All of our citizens are hopeful that your efforts will meet with success.
Kenny C. Guinn
MOTIONS, RESOLUTIONS AND NOTICES
By Assemblymen Perkins, Buckley and Hettrick; Senators Raggio and Titus:
Assembly Concurrent Resolution No. 1—Adopting the Joint Rules of the Senate and Assembly for the 19th Special Session of the Legislature.
APPLICABILITY OF JOINT RULES
Rule No. 1. Generally.
The Joint Rules for the 19th Special Session of the Legislature are applicable only during the 19th Special Session of the Legislature.
Rule No. 2. Procedure Concerning.
1. In every case of an amendment of a bill, or joint or concurrent resolution, agreed to in one House, dissented from in the other, and not receded from by the one making the amendment, each House shall appoint a committee to confer with a like committee to be appointed by the other; and the committee so appointed shall meet publicly at a convenient hour to be agreed upon by their respective chairmen and announced publicly, and shall confer upon the differences between the two Houses as indicated by the amendments made in one and rejected in the other and report as early as convenient the result of their conference to their respective Houses. The report shall be made available to all members of both Houses. The whole subject matter embraced in the bill or resolution shall be considered by the committee, and it may recommend recession by either House, new amendments, new bills or resolutions, or other changes as it sees fit. New bills or resolutions so reported shall be treated as amendments unless the bills or resolutions are composed entirely of original matter, in which case they shall receive the treatment required in the respective Houses for original bills, or resolutions, as the case may be.
2. The report of a conference committee may be adopted by acclamation, and such action may be considered equivalent to the adoption of amendments embodied therein. The report is not subject to amendment. If either House refuses to adopt the report, or if the first conference committee has so recommended, a second conference committee may be appointed. No member who served on the first committee may be appointed to the second.
3. There shall be but two conference committees on any bill or resolution. A majority of the members of a conference committee from each House must be members who voted for the passage of the bill or resolution.
Rule No. 3. Procedure Concerning.
1. Proclamations by the Governor convening the Legislature in extra session shall, by direction of the presiding officer of each House, be read immediately after the convening thereof, filed and entered in full in the Journal of proceedings.
2. Whenever a message from the Governor is received, the Sergeant at Arms will announce: “Mr. President, or Mr. Speaker, the Secretary of the Governor is at the bar.” The secretary will, upon being recognized by the presiding officer, announce: “Mr. President, or Mr. Speaker, a message from His Excellency, the Governor of Nevada, to the Honorable, the Senate or Assembly,” and hand same to the Sergeant at Arms for delivery to the Secretary of the Senate or Chief Clerk of the Assembly. The presiding officer will direct any message from the Governor to be received, read and entered in full in the Journal of proceedings.
3. Messages from the Senate to the Assembly shall be delivered by the Secretary or Assistant Secretary, and messages from the Assembly to the Senate shall be delivered by the Chief Clerk or Assistant Chief Clerk.
NOTICE OF FINAL ACTION
Rule No. 4. Communications.
Each House shall communicate its final action on any bill or resolution, or matter in which the other may be interested, by written notice. Each such notice sent by the Senate must be signed by the Secretary of the Senate, or a person designated by the Secretary. Each such notice sent by the Assembly must be signed by the Chief Clerk of the Assembly, or a person designated by the Chief Clerk.
BILLS AND JOINT RESOLUTIONS
Rule No. 5. Signature.
Each enrolled bill or joint resolution shall be presented to the presiding officers of both Houses for signature. They shall, after an announcement of their intention to do so is made in open session, sign the bill or joint resolution and their signatures shall be followed by those of the Secretary of the Senate and Chief Clerk of the Assembly.
Rule No. 6. Joint Sponsorship.
1. A bill or resolution introduced by a committee of the Senate or Assembly may, at the direction of the chairman of the committee, set forth the name of a committee of the other House as a joint sponsor, if a majority of all members appointed to the committee of the other House votes in favor of becoming a joint sponsor of the bill or resolution. The name of the committee joint sponsor must be set forth on the face of the bill or resolution immediately below the date on which the bill or resolution is introduced.
2. The Legislative Counsel shall not cause to be printed the name of a committee as a joint sponsor on the face of a bill or resolution unless the chairman of the committee has signed his name next to the name of the committee on the colored back of the introductory copy of the bill or resolution that was submitted to the front desk of the House of origin or the statement required by subsection 4.
3. Upon introduction, any bill or resolution that sets forth the names of primary joint sponsors must be numbered in the same numerical sequence as other bills and resolutions of the same House of origin are numbered.
4. Once a bill or resolution has been introduced, a primary joint sponsor or nonprimary joint sponsor may only be added or removed by amendment of the bill or resolution. An amendment which proposes to add or remove a primary joint sponsor must not be considered by the House of origin of the amendment unless a statement requesting the addition or removal is attached to the copy of the amendment submitted to the front desk of the House of origin of the amendment. If the amendment proposes to add or remove a committee as a primary joint sponsor, the statement must be signed by the chairman of the committee. A copy of the statement must be transmitted to the Legislative Counsel if the amendment is adopted.
5. An amendment that proposes to add or remove a primary joint sponsor may include additional proposals to change the substantive provisions of the bill or resolution or may be limited only to the proposal to add or remove a primary joint sponsor.
Rule No. 7. Ordering and Distribution.
Each House may order the printing of bills introduced, reports of its own committees, and other matter pertaining to that House only; but no other printing may be ordered except by a concurrent resolution passed by both Houses. Each Senator is entitled to the free distribution of four copies of each bill introduced in each House, and each Assemblyman to such a distribution of two copies. Additional copies of such bills may be distributed at a charge to the person to whom they are addressed. The amount charged for distribution of the additional copies must be determined by the Director of the Legislative Counsel Bureau to approximate the cost of handling and postage for the entire session.
Rule No. 8. Types, Usage and Approval.
1. A joint resolution must be used to:
(a) Propose an amendment to the Nevada Constitution.
(b) Ratify a proposed amendment to the United States Constitution.
(c) Address the President of the United States, Congress, either House or any committee or member of Congress, any department or agency of the Federal Government, or any other state of the Union.
2. A concurrent resolution must be used to:
(a) Amend these joint rules.
(b) Request the return from the Governor of an enrolled bill for further consideration.
(c) Resolve that the return of a bill from one House to the other House is necessary and appropriate.
(d) Express facts, principles, opinion and purposes of the Senate and Assembly.
(e) Establish a joint committee of the two Houses.
(f) Direct the Legislative Commission to conduct an interim study.
3. A concurrent resolution or a resolution of one House may be used to:
(a) Memorialize a former member of the Legislature or other notable or distinguished person upon his death.
(b) Congratulate or commend any person or organization for a significant and meritorious accomplishment.
Rule No. 9. Special Order.
Bills which have passed a previous Legislature, and which are transmitted to the Legislature next sitting, accompanied by a message or statement of the Governor’s disapproval, or veto of the same, shall become the subject of a special order; and when the special order for their consideration is reached and called, the said message or statement shall be read, together with the bill or bills so disposed or vetoed; and the message and bill shall be read in the Senate by the Secretary of the Senate and in the Assembly by the Chief Clerk of the Assembly, 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 law and custom; that is to say, that immediately following such reading the only question (except as hereinafter stated) which shall be put by the Chair is, “Shall the bill pass, notwithstanding the objections of the Governor?” It shall not be in order, at any time, to vote upon such vetoed bill without the same shall have first been read, from the first word of its title to and including the last word of its final section; and no motion shall be entertained after the Chair has stated the question save a motion for “The previous question,” but the merits of the bill itself may be debated.
Rule No. 10. Limitations and Calculation of Duration.
1. In calculating the permissible duration of an adjournment for 3 days or less, the day of adjournment must not be counted but the day of the next meeting must be counted, and Sunday must not be counted.
2. The Legislature may adjourn for more than 3 days by motion based on mutual consent of the houses or by concurrent resolution. One or more such adjournments may be taken to permit a committee or the Legislative Counsel Bureau to prepare the matters respectively entrusted to them for the consideration of the Legislature as a whole.
EXPENDITURES FROM THE LEGISLATIVE FUND
Rule No. 11. Manner of authorization.
Except for routine salary, travel, equipment and operating expenses, no expenditures shall be made from the Legislative Fund without the authority of a concurrent resolution regularly adopted by the Senate and Assembly.
RECORDS OF COMMITTEE PROCEEDINGS
Rule No. 12. Duties of Secretary of Committees and Director.
1. Each committee shall cause a record to be made of the proceedings of its meetings.
2. The secretary of a committee shall:
(a) Label each record with the date, time and place of the meeting and also indicate on the label the numerical sequence in which the record was made;
(b) Keep the records in chronological order; and
(c) Deposit the records immediately following the final adjournment of the special session of the Legislature with the Director of the Legislative Counsel Bureau.
3. The Director of the Legislative Counsel Bureau shall:
(a) Index the records;
(b) Make the records available for accessing by any person during office hours under such reasonable conditions as he may deem necessary;
(c) Maintain a log as a public record containing the date, time, name and address of any person accessing any of the records and identifying the records accessed; and
(d) Retain the records for two bienniums and at the end of that period keep some form or copy of the record in any manner he deems reasonable to ensure access to the record in the foreseeable future.
LIMITATIONS ON REQUESTS FOR
DRAFTING OF LEGISLATIVE MEASURES
Rule No. 13. Germaneness Required for Amendments.
1. The Legislative Counsel shall not honor a request for the drafting of an amendment to a bill or resolution if the subject matter of the amendment is independent of, and not specifically related and properly connected to, the subject that is expressed in the title of the bill or resolution.
2. For the purposes of this Rule, an amendment is independent of, and not specifically related and properly connected to, the subject that is expressed in the title of a bill or resolution if the amendment relates only to the general, single subject that is expressed in that title and not to the specific whole subject matter embraced in the bill or resolution.
CONTINUATION OF LEADERSHIP OF THE SENATE
AND ASSEMBLY DURING THE INTERIM
Rule No. 14. Tenure and Performance of Statutory Duties.
1. Except as otherwise provided in subsections 2 and 3, the tenure of the President Pro Tem, Majority Leader and Minority Leader of the Senate and the Speaker, Speaker Pro Tem, Majority Floor Leader and Minority Floor Leader of the Assembly extends during the interim between regular sessions of the Legislature.
2. The Senators designated to be the President Pro Tem, Majority Leader and Minority Leader for the next succeeding regular session shall perform any statutory duty required in the period between the time of their designation after the general election and the organization of the next succeeding regular session of the Legislature if the Senator formerly holding the respective position is no longer a Legislator.
3. The Assemblymen designated to be the Speaker, Speaker Pro Tem, Majority Floor Leader and Minority Floor Leader for the next succeeding regular session shall perform any statutory duty required in the period between the time of their designation after the general election and the organization of the next succeeding regular session.
POLICY AND PROCEDURES REGARDING
Rule No. 15. Maintenance of Working Environment; Procedure for Filing, Investigating and Taking Remedial Action on Complaints.
1. The Legislature hereby declares its intention to maintain a working environment which is free from sexual harassment. This policy applies to all Legislators and lobbyists. Each member and lobbyist is responsible to conduct himself or herself in a manner which will ensure that others are able to work in such an environment.
2. In accordance with Title VII of the Civil Rights Act, for the purposes of this rule, “sexual harassment” means unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature when:
(a) Submission to such conduct is made either explicitly or implicitly a term or condition of a person’s employment;
(b) Submission to or rejection of such conduct by a person is used as the basis for employment decisions affecting the person; or
(c) Such conduct has the purpose or effect of unreasonably interfering with a person’s work performance or creating an intimidating, hostile or offensive working environment.
3. Each person subject to these rules must exercise his own good judgment to avoid engaging in conduct that may be perceived by others as sexual harassment. The following noninclusive list provides illustrations of conduct that the Legislature deems to be inappropriate:
(a) Verbal conduct such as epithets, derogatory comments, slurs or unwanted sexual advances, invitations or comments;
(b) Visual conduct such as derogatory posters, photography, cartoons, drawings or gestures;
(c) Physical conduct such as unwanted touching, blocking normal movement or interfering with the work directed at a person because of his sex;
(d) Threats and demands to submit to sexual requests to keep a person’s job or avoid some other loss, and offers of employment benefits in return for sexual favors; and
(e) Retaliation for opposing, reporting or threatening to report sexual harassment, or for participating in an investigation, proceeding or hearing conducted by the Legislature or the Nevada Equal Rights Commission or the federal Equal Employment Opportunity Commission,
when submission to such conduct is made either explicitly or implicitly a term or condition of a person’s employment or submission to or rejection of such conduct by a person is used as the basis for employment decisions affecting the person or such conduct has the purpose or effect of unreasonably interfering with a person’s work performance or creating an intimidating, hostile or offensive working environment.
4. A person may have a claim of sexual harassment even if he has not lost a job or some other economic benefit. Conduct that impairs a person’s ability to work or his emotional well-being at work constitutes sexual harassment.
5. If a Legislator believes he is being sexually harassed on the job, he may file a written complaint with:
(a) The Speaker of the Assembly;
(b) The Majority Leader of the Senate; or
(c) The Director of the Legislative Counsel Bureau, if the complaint involves the conduct of the Speaker of the Assembly or the Majority Leader of the Senate.
The complaint must include the details of the incident or incidents, the names of the persons involved and the names of any witnesses.
6. Except as otherwise provided in subsection 7, the Speaker of the Assembly or the Majority Leader of the Senate, as appropriate, shall refer a complaint received pursuant to subsection 5 to a committee consisting of Legislators of the same House. A complaint against a lobbyist may be referred to a committee in either House.
7. If the complaint involves the conduct of the Speaker of the Assembly or the Majority Leader of the Senate, the Director of the Legislative Counsel Bureau shall refer the complaint to the Committee on Elections, Procedures and Ethics of the Assembly or the Committee of the Whole of the Senate, as appropriate. If the Speaker of the Assembly or the Majority Leader of the Senate is a member of one of these committees, the Speaker or the Majority Leader, as the case may be, shall not participate in the investigation and resolution of the complaint.
8. The committee to which the complaint is referred shall immediately conduct a confidential and discreet investigation of the complaint. As a part of the investigation, the committee shall notify the accused of the allegations. The committee shall facilitate a meeting between the complainant and the accused to allow a discussion of the matter, if both agree. If the parties do not agree to such a meeting, the committee shall request statements regarding the complaint from each of the parties. Either party may request a hearing before the committee. The committee shall make its determination and inform the complainant and the accused of its determination as soon as practicable after it has completed its investigation.
9. If the investigation reveals that sexual harassment has occurred, the Legislature will take appropriate disciplinary or remedial action, or both. The committee shall inform the complainant of any action taken. The Legislature will also take any action necessary to deter any future harassment.
10. The Legislature will not retaliate against a person who files a complaint and will not knowingly permit any retaliation by the person’s supervisors or coworkers.
11. The Legislature encourages a person to report any incident of sexual harassment immediately so that the complaint can be quickly and fairly resolved.
12. Action taken by a complainant pursuant to this rule does not prohibit the complainant from also filing a complaint of sexual harassment with the Nevada Equal Rights Commission or the federal Equal Employment Opportunity Commission.
13. All Legislators and lobbyists are responsible for adhering to the provisions of this policy. The prohibitions against engaging in sexual harassment and the protections against becoming a victim of sexual harassment set forth in this policy apply to employees, Legislators, lobbyists, vendors, contractors, customers and visitors to the Legislature.
14. This policy does not create any enforceable legal rights in any person.
Assemblywoman Buckley moved the adoption of the resolution.
Remarks by Assemblywoman Buckley.
Assemblywoman Buckley moved that all rules be suspended and that Assembly Concurrent Resolution No. 1 be immediately transmitted to the Senate.
Motion carried unanimously.
By Assemblymen Perkins, Buckley and Hettrick:
Assembly Resolution No. 1—Providing for the appointment of attaches.
Resolved by the Assembly of the State of Nevada, That the following persons are elected as attaches of the Assembly for the 19th Special Session of the Nevada Legislature: Diane Keetch, Lucinda Benjamin, Matthew Baker, Kathryn Fosnaugh, Harle Glover, Jason Hataway, Terry Sullivan, Robin Bates, Heidi Hansen, Beverly Mobley, Andrea Touyarot, Lucas Watson, Kyle T. Wentz, Jeanne Douglass, June Bennett, Kathryn Alden, Lona Domenici, Julie Whitacre, Barbara Houger, Valorie Belknap, Nenita Wasserman, Kathryn Oetting, Reba Coombs, Marge Griffin, Joyce Hess, Anne Bowen, Susan Cherpeski, Lila Clark, Kelly Fisher, Mary Garcia, Linda Smith, Eddie Cordisco, Jr., Mary Carel, Juanita Heston, Reid Meyer and Bud Corbett.
Assemblywoman Buckley moved the adoption of the resolution.
Remarks by Assemblywoman Buckley.
By Assemblymen Perkins, Buckley and Hettrick:
Assembly Resolution No. 2—Providing that no allowances will be paid for the 19th Special Session of the Nevada Legislature for periodicals, stamps, stationery or communications.
Resolved by the Assembly of the State of Nevada, That for the 19th Special Session of the Nevada Legislature, no allowances will be paid for members of the Assembly for periodicals, stamps, stationery or the use of telephones and no allowances will be paid for the Speaker, Speaker Pro Tempore, Majority Leader, Minority Leader or chairman of a committee of the Assembly for postage, telephone tolls or other charges for communications.
Assemblywoman Buckley moved the adoption of the resolution.
Remarks by Assemblywoman Buckley.
By Assemblymen Perkins, Buckley and Hettrick:
Assembly Resolution No. 3—Adopting the Rules of the Assembly for the 19th Special Session of the Nevada Legislature.
Rule No. 1. Generally.
The Rules of the Assembly for the 19th Special Session of the Legislature are applicable only during the 19th Special Session of the Legislature.
II. OFFICERS AND EMPLOYEES
Rule No. 2. Speaker of the Assembly.
1. All officers of the Assembly are subordinate to the Speaker in all that relates to the prompt, efficient and correct discharge of their official duties under the Speaker’s supervision.
2. Possessing the powers and performing the duties described in this rule, the Speaker shall:
(a) Take the chair at the hour to which the Assembly will be meeting, call the members to order, and upon the appearance of a quorum, proceed to business.
(b) Preserve order and decorum and have general direction of the Chamber of the Assembly and the approaches thereto. In the event of any disturbance or disorderly conduct therein, order the same to be cleared.
(c) Decide all questions of order, subject to a member’s right to appeal to the Assembly. On appeal from such decisions, the Speaker has the right, in the Speaker’s place, to assign the reason for the decision.
(d) Have the right to name any member to perform the duties of the chair, but such substitution must not extend beyond one legislative day.
(e) If the Assembly resolves itself into a Committee of the Whole, name a chairman to preside thereover and call him to the chair.
(f) Have the power to accredit the persons who act as representatives of the news media and assign them seats.
(g) Sign all bills and resolutions passed by the Legislature as provided by law.
(h) Sign all subpoenas issued by the Assembly.
(i) Receive all messages and communications from other departments of the government and announce them to the Assembly.
(j) Represent the Assembly, declare its will and in all things obey its commands.
(k) Vote on final passage of a bill or resolution, but the Speaker shall not be required to vote in ordinary legislative proceedings except where the Speaker’s vote would be decisive. In all yea and nay votes, the Speaker’s name must be called last.
3. If a vacancy occurs in the office of Speaker, through death, resignation or disability of the Speaker, the Speaker pro Tempore shall temporarily and for the period of vacancy or disability conduct the necessary business of the Assembly.
4. If a permanent vacancy occurs in the office of Speaker, the Assembly shall select a new Speaker.
Rule No. 3. Reserved.
Rule No. 4. Reserved.
Rule No. 5. Reserved.
Rule No. 6. Reserved.
The next rule is 10.
Rule No. 10. Reserved.
Rule No. 11. Open Meetings.
All meetings of the Assembly and its committees must be open to the public.
Rule No. 12. Reserved.
The next rule is 20.
IV. DECORUM AND DEBATE
Rule No. 20. Points of Order.
If any member, in speaking or otherwise, transgresses the rules of the Assembly, the Speaker shall, or any member may, call to order, in which case the member so called to order shall immediately sit down, unless permitted to explain; and if called to order by a member, such member shall immediately state the point of order. If the point of order be sustained by the presiding officer, the member shall not be allowed to proceed; but if it be not sustained, then he shall be permitted to go on. Every such decision from the presiding officer shall be subject to an appeal to the House; but no discussion of the question of order shall be allowed unless an appeal be taken from the decision of the presiding officer.
Rule No. 21. Portable electronic communication devices.
1. A person who is within the Assembly Chambers shall not engage in a telephone conversation via the use of a portable telephone.
2. Before entering the Assembly Chambers, any person who possesses a portable electronic communication device, such as a pager or telephone, that emits an audible alert, such as a ringing or beeping sound, to signal an incoming message or call shall turn the audible alert off. A device that contains a nonaudible alert, such as a silent vibration, may be operated in a nonaudible manner within the Assembly Chambers.
Rule No. 22. Reserved.
Rule No. 23. Reserved.
The next rule is 30.
V. QUORUM, VOTING, ELECTIONS
Rule No. 30. Manner of Voting.
1. The presiding officer shall declare all votes, but the yeas and nays must be taken when called for by three members present, and the names of those calling for the yeas and nays must be entered in the Journal by the Chief Clerk.
2. The presiding officer shall call for yeas and nays by a division or by a roll call, either electronic or oral.
3. When taking the yeas and nays on any question, the electronic roll call system may be used, and when so used shall have the force and effect of any roll call under these rules.
4. When taking the yeas and nays by oral roll call, the Chief Clerk shall take the names of members alphabetically, except that the Speaker’s name must be called last.
5. The electronic roll call system may be used to determine the presence of a quorum.
6. The yeas and nays must not be taken with the electronic roll call system until all members present are at their desks. The presiding officer may vote at the rostrum.
7. Only a member who is physically present within the Assembly Chambers may cast a vote in the Assembly.
8. A member shall not vote for another member on any roll call, either electronic or oral. Any member who votes for another member may be punished in any manner deemed appropriate by the Assembly.
Rule No. 31. Reserved.
Rule No. 32. Announcement of the Vote.
1. A member may change his vote at any time before the announcement of the vote if the voting is by voice, or at any time before the votes are electronically recorded if the voting is conducted electronically.
2. The announcement of the result of any vote shall not be postponed.
Rule No. 33. Voting by Division.
Upon a division and count of the Assembly on any question, no person without the bar shall be counted.
The next rule is 40.
VI. LEGISLATIVE BODIES
Rule No. 40. Standing Committee.
The standing committee of the Assembly is the Select Committee on State Revenue and Education Funding.
Rule No. 41. Appointment of Committees.
All committees must be appointed by the Speaker, unless otherwise directed by the Assembly. The Speaker shall determine the appropriate number of members for each committee and shall designate the chairman and vice chairman of each committee.
Rule No. 42. Committee Action.
1. The committee shall have meetings in accordance with the direction of the Assembly leadership. A quorum of the committee is a majority of its appointed members and may transact business except as limited by this rule.
2. Except as limited by this rule, a simple majority of those present may move, second and pass a motion by voice vote.
3. Definite action on a bill or resolution will require a majority of the entire committee.
4. A two-thirds majority of the entire committee is required to reconsider action on a bill or resolution.
5. Committee introduction of legislative measures requires concurrence of a majority of the members of the entire committee and requires a commitment from each such concurring member to support final passage. A decision by a committee to request the drafting of an amendment for a bill requires concurrence of a majority of the members of the entire committee and requires a commitment from each such concurring member to support the amendment when it is considered on the floor of the Assembly.
6. The chairman shall vote on all final action regarding bills or resolutions.
7. No member of the committee may vote by proxy under any circumstances.
8. A committee shall not take a vote on the question of whether to exercise its statutory authority to issue a legislative subpoena unless the chairman has informed the Speaker of the intention of the committee to consider such a question.
Rule No. 43. Subcommittees.
Subcommittees made up of committee members may be appointed by the Chairman to consider and report back on specific subjects or bills.
Rule No. 44. Reserved.
Rule No. 45. Request for Drafting of Bill, Resolution or Amendment.
Except as otherwise provided in this rule, the Legislative Counsel shall not honor a request for the drafting of a bill, resolution or amendment to be introduced in the Assembly, unless it is submitted by the Select Committee on State Revenue and Education Funding, a Conference Committee or the Governor. The Speaker may request the drafting of one bill for the 19th Special Session without seeking the approval of the Select Committee.
Rule No. 46. Committee Action on Reports.
Committee reports must be adopted at a committee session actually assembled and meeting as a committee with a quorum present. Every committee vote on a matter pertaining to a bill or resolution must be recorded. The vote may be taken by roll call at the discretion of the chairman.
Rule No. 47. Committee Records.
The chairman of each committee shall keep, or cause to be kept, a complete record of the committee proceedings in which there must be entered:
1. The time and place of each meeting;
2. The attendance and absence of members;
3. The names of all persons appearing before the committee, with the names of persons, firms, corporations or associations in whose behalf such appearance is made; and
4. The subjects or measures considered and action taken.
Rule No. 48. Disposition of Committee Records.
All minutes, records and documents in the possession of committees and their chairmen must be filed in the offices of the Legislative Counsel Bureau upon adjournment sine die.
Rule No. 49. Committee Hearings.
1. The presence of a quorum of the committee is desirable but not required to conduct a public hearing. At the discretion of the chairman, members of the committee may attend, participate in and, if applicable, vote during the hearing via simultaneous telephone or video conference.
2. Public hearings are opened by the chairman, who announces the subject under consideration and provides for those wishing to address the committee to be heard. These persons shall rise in an order determined by the chairman, address the chair and furnish their names, addresses and firms or other organizations represented. Committee members may address the chairman for permission to question the witness.
Rule No. 50. Reserved.
Rule No. 51. Reserved.
Rule No. 52. Reserved.
The next rule is 60.
VII. RULES GOVERNING MOTIONS
Rule No. 60. Entertaining.
No motion may be debated until it is distinctly announced by the presiding officer. If desired by the presiding officer or any member, the motion must be reduced to writing and be read by the Chief Clerk before the motion is debated. A motion may be withdrawn by the maker at any time before amendment or before the motion is put to vote.
Rule No. 61. Reserved.
Rule No. 62. Reserved.
B. Particular Motions
Rule No. 63. Reserved.
Rule No. 64. Reserved.
Rule No. 65. Indefinite Postponement.
When a question is postponed indefinitely, the same question must not be considered again during the 19th Special Session of the Legislature and the question is not subject to a motion for reconsideration.
Rule No. 66. To Strike Enacting Clause.
A motion to strike out the enacting clause of a bill or resolution does not take precedence over any other subsidiary motion. If the motion is carried, it shall be considered equivalent to the rejection of such bill or resolution.
Rule No. 67. Division of Question.
Any member may call for a division of the question, which shall be divided, if it comprehends propositions in substance so distinct that, one being taken away, a substantive proposition shall remain for the decision of the Assembly. A motion to strike out being lost shall preclude neither amendment nor a motion to strike out and insert. A motion to strike out and insert shall be deemed indivisible.
Rule No. 68. To Reconsider.
No motion to reconsider a vote is in order.
The next rule is 80.
Rule No. 80. Speaking on Question.
No member shall speak more than twice during the consideration of any one question, on the same day, and at the same stage of proceedings, without leave. Members who have once spoken shall not again be entitled to the floor (except for explanation) to the exclusion of others who have not spoken.
Rule No. 81. Previous Question.
The previous question shall be put only when demanded by three members. The previous question shall not be moved by the member last speaking on the question.
Rule No. 82. Privilege of Closing Debate.
The author of a bill, a resolution or a main question shall have the privilege of closing the debate, unless the previous question has been sustained.
The next rule is 90.
IX. CONDUCT OF BUSINESS
A. Rules and Procedure
Rule No. 90. Mason’s Manual.
The rules of parliamentary practice contained in Mason’s Manual of Legislative Procedure shall govern the Assembly in all cases in which they are applicable and in which they are not inconsistent with the Rules and orders of the Assembly for the 19th Special Session of the Legislature, and the Joint Rules of the Senate and Assembly for the 19th Special Session of the Legislature.
Rule No. 91. Rescission, Change or Suspension of Rule.
No rule or order of the Assembly for the 19th Special Session of the Legislature may be rescinded or changed without a vote of two-thirds of the members elected, and one day’s notice being given of the motion therefor; but a rule or order may be suspended temporarily by a vote of two-thirds of the members present.
Rule No. 92. Notices of Bills, Topics and Public Hearings.
1. Except as otherwise provided in subsection 3, all committees shall provide adequate notice of public hearings on bills, resolutions or other topics which are to come before the committees. The notice must include the date, time, place and agenda to be covered. The notice must be posted conspicuously in the legislative building, appear in the daily history and be made available to the news media. The daily history must include the most current version of the notice that is available at the time the daily history is created and an informational statement informing the public where more current information, if any, regarding such notices may be found.
2. The noticing requirements of this rule may be suspended for emergency situations but only after approval by a two-thirds vote of a committee.
3. Subsection 1 does not apply to:
(a) Committee meetings held on the floor of the Assembly during a recess; or
(b) Conference committee meetings.
Rule No. 93. Reserved.
Rule No. 94. Privilege of the Floor and Lobbying.
No person, except Senators, former Assemblymen and state officers, may be admitted at the bar of the Assembly, except by special invitation on the part of some member; but a majority may authorize the Speaker to have the Assembly cleared of all such persons. No person may do any lobbying upon the floor of the Assembly at any time, and it is the duty of the Sergeant at Arms to remove any person violating any of the provisions of this rule.
Rule No. 95. Material Placed on Legislators’ Desks.
All papers, letters, notes, pamphlets and other written material placed upon an Assemblyman’s desk shall contain the signature of the Legislator requesting the placement of such material on the desk or shall contain a designation of the origin of such material. This rule does not apply to books containing the legislative bills and resolutions, the legislative daily histories, the legislative daily journals or Legislative Counsel Bureau material.
Rule No. 96. Peddling, Begging and Soliciting.
1. Peddling, begging and soliciting are strictly forbidden in the Assembly Chamber, and in the lobby, gallery and halls adjacent thereto.
2. No part of the Assembly Chamber may be used for, or occupied by signs or other devices for any kind of advertising.
3. No part of the hallways adjacent to the Assembly Chambers may be used for or occupied by signs or other devices for any kind of advertising for commercial or personal gain. Notices for nonprofit, nonpartisan, civic or special legislative events may be posted in a designated area of the hallways adjacent to the Assembly Chambers with the approval of the Chief Clerk.
Rule No. 97. Petitions and Memorials.
Petitions, memorials and other papers addressed to the Assembly shall be presented by the Speaker, or by a member in the Speaker’s place. A brief statement of the contents thereof shall be made by the introducer. They shall not be debated on the day of their being presented, but shall be on the table, or be referred, as the Assembly shall determine.
Rule No. 98. Request of Purpose.
A member may request the purpose of a bill or joint resolution upon its introduction.
Rule No. 99. Remarks.
It shall be in order for members to make remarks and to have such remarks entered in the Journal.
Rule No. 100. Precedence of Parliamentary Authority.
The precedence of parliamentary authority in the Assembly is:
1. The Constitution of the State of Nevada.
2. The Statutes of the State of Nevada.
3. The Rules of the Assembly for the 19th Special Session of the Legislature and the Joint Rules of the Senate and Assembly for the 19th Special Session of the Legislature.
4. Mason’s Manual of Legislative Procedure.
Rule No. 101. Reserved.
Rule No. 102. Privileged Questions.
Privileged questions have precedence of all others in the following order:
1. Motions to fix the time to which the Assembly shall adjourn.
2. Motions to adjourn.
3. Questions relating to the rights and privileges of the Assembly or any of its members.
4. A call of the House.
5. Motions for special orders.
Rule No. 103. Reserved.
Rule No. 104. Reserved.
Rule No. 105. Substitute Bills.
A substitute bill shall be deemed and held to be an amendment, and treated in all respects as such. However, a substitute bill may be amended after its adoption, in the same manner as if it were an original bill.
Rule No. 106. Skeleton Bills.
The introduction of skeleton bills is not authorized.
Rule No. 107. Reserved.
Rule No. 108. Reserved.
Rule No. 109. Reading of Bills.
The presiding officer shall announce at each reading of a bill whether it be the first, second or third reading. The first reading of a bill shall be for information. If there is objection, the question shall be, “Shall the bill be rejected?” If the question to reject fails to receive a majority vote by the members present, or if there is no objection, the bill shall take the proper course. No bill shall be referred to a committee until after the first reading, nor amended until after the second reading.
Rule No. 110. Second Reading and Amendment of Bills.
1. All bills must be read the second time after which they are reported by committee. Upon second reading, Assembly bills reported without amendments shall be placed on the General File and Senate bills reported without amendments shall be placed on the General File. Committee amendments reported with bills shall be considered upon their second reading, and such amendments may be adopted by a majority vote of the members present. Any amendment which is numbered, copied and made available to all members must be moved and voted upon by number unless any member moves that it be read in full. Assembly bills so amended must be reprinted, engrossed and placed on the General File. Senate bills so amended must be reprinted, then engrossed or reengrossed, as applicable, and placed on the General File.
2. Only amendments proposed by the Select Committee or a conference committee may be considered on the floor of the Assembly. Such a motion to amend may be adopted on the floor of the Assembly by a majority vote of the members present. Bills so amended on second reading must be treated the same as bills with amendments proposed by a committee. Any bill so amended upon the General File must be reprinted and then engrossed or reengrossed, as applicable.
3. The reprinting of amended bills may be dispensed with only in accordance with the provisions of law.
Rule No. 111. Consent Calendar.
1. A committee may by unanimous vote of the members present report a bill with the recommendation that it be placed on the consent calendar. The question of recommending a bill for the consent calendar may be voted upon in committee only after the bill has been recommended for passage and only if no amendment is recommended.
2. The Chief Clerk shall maintain a list of bills recommended for the consent calendar. The list must be printed in the daily history and must include the summary of each bill and the date the bill is scheduled for consideration on final passage.
3. At any time before the presiding officer calls for a vote on the passage of the consent calendar, a member may give written notice to the Chief Clerk or state orally from the floor of the Assembly in session that he requests the removal of a particular bill from the consent calendar. If a member so requests, the Chief Clerk shall remove the bill from the consent calendar and transfer it to the second reading file. A bill removed from the consent calendar may not be restored to that calendar.
4. During floor consideration of the consent calendar, members may ask questions and offer explanations relating to the respective bills.
5. When the consent calendar is brought to a vote, the bills remaining on the consent calendar must be read by number and summary and the vote must be taken on their final passage as a group.
Rule No. 112. Reserved.
Rule No. 113. General File.
All bills reported to the Assembly, after receiving their second readings must be placed upon a General File, to be kept by the Chief Clerk. Bills must be taken from the General File and acted upon in the order in which they were reported, unless otherwise specially ordered by the Assembly. But engrossed bills shall be placed at the head of the file, in the order in which they are received. The Chief Clerk shall post a daily statement of the bills on the General File, setting forth the order in which they are filed and specifying the alterations arising from the disposal of business each day. The Chief Clerk shall likewise post notices of special orders as made.
Rule No. 114. Reserved.
Rule No. 115. Reserved.
Rule No. 116. Vetoed Bills.
Bills that have passed both Houses of the Legislature and are transmitted to the Assembly accompanied by a message or statement of the Governor’s disapproval or veto of the same must be taken up and considered immediately upon the coming in of the message transmitting the same, or become the subject of a special order. When the message is received, or (if made a special order) when the special order is called, the said message or statement must be read together with the bill or bills so disapproved or vetoed. The message and bill must be read by the Chief Clerk without interruption, consecutively, one following the other, and not upon separate occasions. No such bill or message may be referred to any committee, or otherwise acted upon save as provided by law and custom; that is to say, that immediately following such reading the only question (except as hereinafter stated) which may be put by the Speaker is, “Shall the bill pass, notwithstanding the objections of the Governor?” It shall not be in order, at any time, to vote upon such a vetoed bill unless the same shall first have been read, from the first word of its title to and including the last word of its final section. No motion may be entertained after the Speaker has stated the question, save a motion to adjourn or a motion for the previous question, but the merits of the bill itself may be debated. The message or statement containing the objections of the Governor to the bill must be entered in the Journal of the Assembly. The consideration of a vetoed bill, and the objections of the Governor thereto, shall be a privileged question, and shall take precedence over all others.
Rule No. 117. Reserved.
Rule No. 118. Treated as Bills—Joint Resolutions.
The procedure of enacting joint resolutions must be identical to that of enacting bills. However, joint resolutions proposing amendments to the Constitution must be entered in the Journal in their entirety.
Rule No. 119. Reserved.
D. Order of Business
Rule No. 120. Order of Business.
The Order of Business must be as follows:
1. Call to Order.
2. Reading and Approval of Journal.
3. Presentation of Petitions.
4. Reports of the Standing Committees.
5. Reports of Select Committees.
7. Messages from the Senate.
8. Motions, Resolutions and Notices.
9. Introduction, First Reading and Reference.
10. Consent Calendar.
11. Second Reading and Amendment.
12. General File and Third Reading.
13. Unfinished Business of Preceding Day.
14. Special Orders of the Day.
15. Remarks from the Floor, limited to 10 minutes.
Rule No. 121. Reserved.
Rule No. 122. Reserved.
Rule No. 123. Reserved.
Rule No. 124. Reserved.
Rule No. 125. Reserved.
Rule No. 126. Reserved.
Rule No. 127. Reserved.
Rule No. 128. Reserved.
The next rule is 140.
Rule No. 140. Reserved.
Rule No. 141. Use of the Assembly Chamber.
The Assembly Chamber shall not be used for any public or private business other than legislative, except by permission of the Assembly.
Assemblywoman Buckley moved the adoption of the resolution.
Remarks by Assemblywoman Buckley.
Assemblywoman Buckley moved that for the balance of the special session, all rules be suspended and that all bills and joint resolutions passed, and all concurrent resolutions adopted by the Assembly, be immediately transmitted to the Senate.
GUESTS EXTENDED PRIVILEGE OF ASSEMBLY FLOOR
On request of Assemblyman Brown, the privilege of the floor of the Assembly Chamber for this day was extended to Terry Bickmore.
Assemblywoman Buckley moved that the Assembly adjourn until Thursday, June 5, 2003 11:00 a.m.
Assembly adjourned at 5:59 p.m.
Approved: Richard D. Perkins
Attest: Jacqueline Sneddon