RESOLUTIONS AND MEMORIALS

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ê2011 Statutes of Nevada, Page 3753ê

 

 

RESOLUTIONS AND MEMORIALS

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FILE NUMBER 1, ACR 1

Assembly Concurrent Resolution No. 1–Committee on Legislative Operations and Elections

 

FILE NUMBER 1

 

Assembly Concurrent RESOLUTION—Adopting the Joint Standing Rules of the Senate and Assembly for the 76th Session of the Legislature.

 

     Resolved by the Assembly of the State of Nevada, the Senate Concurring, That the Joint Rules of the Senate and Assembly for the 76th Session of the Legislature are hereby adopted as follows:

 

CONFERENCE COMMITTEES

 

Rule No. 1.  Procedure Concerning.

     1.  In every case of an amendment of a bill, or joint or concurrent resolution, agreed to in one House, dissented from in the other, and not receded from by the one making the amendment, each House shall appoint a committee to confer with a like committee to be appointed by the other; and the committee so appointed shall meet publicly at a convenient hour to be agreed upon by their respective chairs and announced publicly, and shall confer upon the differences between the two Houses as indicated by the amendments made in one and rejected in the other and report as early as convenient the result of their conference to their respective Houses.

     2.  The report shall be made available to all members of both Houses. The whole subject matter embraced in the bill or resolution shall be considered by the committee, and it may recommend recession by either House, new amendments, a new bill or resolution, or other changes as it sees fit. A new bill or resolution so reported shall be treated as amendments unless the bill or resolution is composed entirely of original matter, in which case it shall receive the treatment required in the respective Houses for original bills, or resolutions, as the case may be. A conference committee shall not recommend any action which would cause the creation of more than one reprint or more than one bill or resolution.

     3.  The report of a conference committee may be adopted by acclamation, and such action may be considered equivalent to the adoption of amendments embodied therein. The report is not subject to amendment.

     4.  There shall be but one conference committee on any bill or resolution. A majority of the members of a conference committee from each House must be members who voted for the passage of the bill or resolution.

 


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ê2011 Statutes of Nevada, Page 3754 (File Number 1, ACR 1)ê

 

MESSAGES

 

Rule No. 2.  Biennial Message of the Governor.

     Upon motion, the biennial message of the Governor must be received and read and entered in full in the Journal of proceedings.

 

Rule No. 2.2.  Other Messages From the Governor.

     Whenever a message from the Governor is received, it shall be read and entered in full in the Journal of proceedings.

 

Rule No. 2.4.  Proclamation by the Governor Convening Special Session.

     Proclamations by the Governor convening the Legislature in special session must, by direction of the presiding officer of each House, be read immediately after the convening of the special session, and must be filed and entered in the Journal of proceedings.

 

Rule No. 2.6.  Messages Between Houses.

     Messages from the Senate to the Assembly shall be delivered by the Secretary or a person designated by the Secretary and messages from the Assembly to the Senate shall be delivered by the Chief Clerk or a person designated by the Chief Clerk.

 

NOTICE OF FINAL ACTION

 

Rule No. 3.  Communications.

     Each House shall communicate its final action on any bill or resolution, or matter in which the other may be interested, by written notice. Each such notice sent by the Senate must be signed by the Secretary of the Senate, or a person designated by the Secretary. Each such notice sent by the Assembly must be signed by the Chief Clerk of the Assembly, or a person designated by the Chief Clerk.

 

BILLS AND JOINT RESOLUTIONS

 

Rule No. 4.  Signature.

     Each enrolled bill or joint resolution shall be presented to the presiding officers of both Houses for signature. They shall, after an announcement of their intention to do so is made in open session, sign the bill or joint resolution and their signatures shall be followed by those of the Secretary of the Senate and Chief Clerk of the Assembly.

 

Rule No. 5.  Joint Sponsorship.

     1.  A bill or resolution introduced by a standing committee of the Senate or Assembly may, at the direction of the chair of the committee, set forth the name of a standing committee of the other House as a joint sponsor, if a majority of all members appointed to the committee of the other House votes in favor of becoming a joint sponsor of the bill or resolution. The name of the committee joint sponsor must be set forth on the face of the bill or resolution immediately below the date on which the bill or resolution is introduced.

 


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ê2011 Statutes of Nevada, Page 3755 (File Number 1, ACR 1)ê

 

     2.  A bill or resolution introduced by one or more Legislators elected to one House may, at the direction of the Legislator who brings the bill or resolution forward for introduction, set forth the names of one or more Legislators who are members elected to the other House and who wish to be primary joint sponsors or non-primary joint sponsors of the bill or resolution. Not more than five Legislators from each House may be set forth on the face of a bill or resolution as primary joint sponsors. The names of each primary joint sponsor and non-primary joint sponsor must be set forth on the face of the bill or resolution in the following order immediately below the date on which the bill or resolution is introduced:

     (a) The name of each primary joint sponsor, in the order indicated on the colored back of the introductory copy of the bill or resolution; and

     (b) The name of each non-primary joint sponsor, in alphabetical order.

     3.  The Legislative Counsel shall not cause to be printed the name of a standing committee as a joint sponsor on the face of a bill or resolution unless the chair of the committee has signed his or her name next to the name of the committee on the colored back of the introductory copy of the bill or resolution that was submitted to the front desk of the House of origin or the statement required by subsection 5. The Legislative Counsel shall not cause to be printed the name of a Legislator as a primary joint sponsor or non-primary joint sponsor on the face of a bill or resolution unless the Legislator has signed the colored back of the introductory copy of the bill or resolution that was submitted to the front desk of the House of origin or the statement required by subsection 5.

     4.  Upon introduction, any bill or resolution that sets forth the names of primary joint sponsors or non-primary joint sponsors, or both, must be numbered in the same numerical sequence as other bills and resolutions of the same House of origin are numbered.

     5.  Once a bill or resolution has been introduced, a primary joint sponsor or non-primary joint sponsor may only be added or removed by amendment of the bill or resolution. An amendment which proposes to add or remove a primary joint sponsor or non-primary joint sponsor must not be considered by the House of origin of the amendment unless a statement requesting the addition or removal is attached to the copy of the amendment submitted to the front desk of the House of origin of the amendment. If the amendment proposes to add or remove a Legislator as a primary joint sponsor or non-primary joint sponsor, the statement must be signed by that Legislator. If the amendment proposes to add or remove a standing committee as a joint sponsor, the statement must be signed by the chair of the committee. A copy of the statement must be transmitted to the Legislative Counsel if the amendment is adopted.

     6.  An amendment that proposes to add or remove a primary joint sponsor or non-primary joint sponsor may include additional proposals to change the substantive provisions of the bill or resolution or may be limited only to the proposal to add or remove a primary joint sponsor or non-primary joint sponsor.

 


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ê2011 Statutes of Nevada, Page 3756 (File Number 1, ACR 1)ê

 

PUBLICATIONS

 

Rule No. 6.  Ordering and Distribution.

     1.  The bills, resolutions, journals and histories will be provided electronically to the officers and members of the Senate and Assembly, staff of the Legislative Counsel Bureau, the press and the general public on the Nevada Legislature’s website.

     2.  Each House may order the printing of bills introduced, reports of its own committees, and other matter pertaining to that House only; but no other printing may be ordered except by a concurrent resolution passed by both Houses. Each Senator is entitled to the free distribution of four copies of each bill introduced in each House, and each Assemblyman and Assemblywoman to such a distribution of two copies. Additional copies of such bills may be distributed at a charge to the person to whom they are addressed. The amount charged for distribution of the additional copies must be determined by the Director of the Legislative Counsel Bureau to approximate the cost of handling and postage for the entire session.

 

RESOLUTIONS

 

Rule No. 7.  Types, Usage and Approval.

     1.  A joint resolution must be used to:

     (a) Propose an amendment to the Nevada Constitution.

     (b) Ratify a proposed amendment to the United States Constitution.

     (c) Address the President of the United States, Congress, either House or any committee or member of Congress, any department or agency of the Federal Government, or any other state of the Union.

     2.  A concurrent resolution must be used to:

     (a) Amend these Joint Rules.

     (b) Request the return from the Governor of an enrolled bill for further consideration.

     (c) Request the return from the Secretary of State of an enrolled joint or concurrent resolution for further consideration.

     (d) Resolve that the return of a bill from one House to the other House is necessary and appropriate.

     (e) Express facts, principles, opinion and purposes of the Senate and Assembly.

     (f) Establish a joint committee of the two Houses.

     (g) Direct the Legislative Commission to conduct an interim study.

     3.  A concurrent resolution or a resolution of one House may be used to memorialize a former member of the Legislature or other notable or distinguished person upon his or her death.

     4.  A resolution of one House may be used to request the return from the Secretary of State of an enrolled resolution of the same House for further consideration.

     5.  A resolution of one House may be used for any additional purpose determined appropriate by the Majority Leader of the Senate or the Speaker of the Assembly, respectively.

     6.  A concurrent resolution used for the purposes expressed in paragraph (e) of subsection 2 may only be requested by a statutory, interim or standing committee.

 


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ê2011 Statutes of Nevada, Page 3757 (File Number 1, ACR 1)ê

 

VETOES

 

Rule No. 8.  Special Order.

     1.  Bills which have passed the Legislature, and which are returned after the Governor’s disapproval, or veto of the same, shall:

     (a) Be taken up and considered immediately upon the coming in of the message transmitting the same; or

     (b) Become the subject of a special order.

     2.  When the message is received or, if made a special order, when the special order 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 Secretary of the Senate and the Chief Clerk of the Assembly shall, without interruption, read the message and the bill consecutively, the bill following the message; and the message and the bill must not be read 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?”

     3.  It shall not be in order, at any time, to vote upon such vetoed bill without the same shall have first been read; 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.

 

ADJOURNMENT

 

Rule No. 9.  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, for a total of not more than 20 days during any regular session, may be taken to permit standing committees, select committees or the Legislative Counsel Bureau to prepare the matters respectively entrusted to them for the consideration of the Legislature as a whole.

 

Rule No. 9.5.  Adjournment Sine Die.

     1.  The Legislature shall not take any action on a bill or resolution after 1 a.m. Pacific Daylight Saving Time on the 121st calendar day of session.

     2.  A Legislator shall not take any action to impede the progress of the Legislature in completing its business by the time specified in subsection 1.

     3.  Any action taken in violation of subsection 2 shall be deemed out of order.

 


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ê2011 Statutes of Nevada, Page 3758 (File Number 1, ACR 1)ê

 

EXPENDITURES FROM THE LEGISLATIVE FUND

 

Rule No. 10.  Manner of Authorization.

     Except for routine salary, travel, equipment and operating expenses, no expenditures shall be made from the Legislative Fund without the authority of a concurrent resolution regularly adopted by the Senate and Assembly.

 

LEGISLATIVE COMMISSION

 

Rule No. 11.  Membership and Organization.

     1.  When members of the minority party in the Senate or in the Assembly comprise one-third or less of the total number elected to that House, minority party membership for that House on the Legislative Commission must be:

     (a) One, if such membership is less than one-fifth of the total number elected to that House.

     (b) Two, if such membership is at least one-fifth but not more than one-third of the total number elected to that House. If the members of the minority party in the Senate or in the Assembly comprise more than one-third of the total number elected to that House, minority party membership for that House on the Commission must be three, being equal to the membership of the majority party.

     2.  Each House shall select one or more alternate members for each member from that House, designating them according to party or according to the individual member whom the alternate would replace.

     3.  A vacancy in the regular Senate or Assembly membership created by death or by resignation or by the Legislator’s ceasing to be a member of the Legislature shall be filled by the proper alternate member as designated by that House. If there is no proper alternate member, the Legislative Commission shall fill the vacancy by appointing a Senator or Assemblyman or Assemblywoman of the same party.

     4.  If for any reason a member is or will be absent from a meeting and there are no alternates available, the Chair of the Commission may appoint a member of the same House and political party to attend the meeting as an alternate.

     5.  The members shall serve until their successors are appointed by resolution as provided in NRS 218E.150, except that the membership of any member who does not become a candidate for reelection or who is defeated for reelection shall terminate on the day next after the election and the vacancy shall be filled as provided in this Rule.

     6.  The Chair shall be selected at the first meeting of the newly formed Legislative Commission and shall serve until his or her successor is appointed following the formation of the next Legislative Commission.

 

RECORDS OF COMMITTEE PROCEEDINGS

 

Rule No. 12.  Duties of Secretary of Committee and Director.

     1.  Each standing committee of the Legislature shall cause a record to be made of the proceedings of its meetings.

 


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ê2011 Statutes of Nevada, Page 3759 (File Number 1, ACR 1)ê

 

     2.  The secretary of a standing committee shall:

     (a) Label each record with the date, time and place of the meeting and also indicate on the label the numerical sequence in which the record was made;

     (b) Keep the records in chronological order; and

     (c) Deposit the records upon completion with the Director of the Legislative Counsel Bureau.

     3.  The Director of the Legislative Counsel Bureau shall:

     (a) Make the records available for accessing by any person during office hours under such reasonable conditions as the Director may deem necessary; and

     (b) Retain the records for two bienniums and at the end of that period keep some form or copy of the record in any manner the Director deems reasonable to ensure access to the record in the foreseeable future.

 

REAPPORTIONMENT AND REDISTRICTING

 

Rule No. 13.  Responsibility for Measures.

     The Committee on Legislative Operations and Elections of the Senate and the Committee on Legislative Operations and Elections of the Assembly are respectively responsible for measures which primarily affect the designation of the districts from which members are elected to the Legislature. These committees are hereby designated as the “redistricting committees” for the purposes of this Rule and Joint Standing Rules Nos. 13.1, 13.2, 13.3, 13.4, 13.5, 13.6 and 14.6.

 

Rule No. 13.1.  Equality of Representation.

     1.  Congressional Districts: The population of each of the Nevada congressional districts must be as nearly equal as practicable.

     2.  State Legislative Districts: The population of the state legislative districts must be substantially equal. In order to meet constitutional guidelines, a plan, or a proposed amendment thereto, will not be considered if the plan or proposed amendment results in an overall range of 10 percent or more, or a relative deviation in excess of plus or minus 5 percent, from the ideal district population.

     3.  Districts for the State Board of Education, the Board of Regents of the University of Nevada and Petition Districts: Equality of population in accordance with the standard for the state legislative districts is the goal of redistricting for the State Board of Education and the Board of Regents of the University of Nevada and for the establishment of petition districts in accordance with NRS 293.127561.

 

Rule No. 13.2.  Population Database.

     1.  The total state population, and the population of defined subunits thereof, as determined by the 2010 federal decennial census must be the exclusive database for redistricting by the Nevada Legislature.

     2.  Such 2010 census data, as validated by the staff of the Legislative Counsel Bureau, must be the exclusive database used for the evaluation of proposed redistricting plans for population equality.

 


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ê2011 Statutes of Nevada, Page 3760 (File Number 1, ACR 1)ê

 

Rule No. 13.3.  Districts.

     All district boundaries created by a redistricting plan must follow the census geography.

 

Rule No. 13.4.  Procedures of the Redistricting Committees and Exemptions.

     1.  A legislator or member of the public may present to the redistricting committees any plans or proposals relating to redistricting, including proposals for redistricting specific districts or all of the state legislative districts, congressional districts, districts for the Board of Regents of the University of Nevada, districts for the State Board of Education or petition districts for consideration by the redistricting committees.

     2.  Bill draft requests, including bills in skeletal form, setting forth specific boundaries of the state legislative districts, congressional districts, districts for the Board of Regents of the University of Nevada, districts for the State Board of Education or petition districts, and amendments affecting a majority of the state legislative districts, may only be requested by the chairs of the redistricting committees.

     3.  The chairs of the redistricting committees are limited to one request each for a bill draft setting forth the specific boundaries of the state legislative districts, one request each for a bill draft setting forth the specific boundaries of the congressional districts, one request each for a bill draft setting forth the specific boundaries of the districts for the Board of Regents of the University of Nevada, one request each for a bill draft setting forth the specific boundaries of the districts for the State Board of Education and one request each for a bill draft setting forth the specific boundaries of the petition districts. At the direction of the chair of a redistricting committee, the bill draft requests setting forth the specific boundaries of the state legislative districts, the congressional districts, districts for the Board of Regents of the University of Nevada, districts for the State Board of Education and petition districts may be combined in any manner.

     4.  All bill drafts and measures requested by a redistricting committee pursuant to subsection 3 are exempt pursuant to subsection 4 of Joint Standing Rule No. 14.6.

 

Rule No. 13.5.  Compliance with the Voting Rights Act.

     1.  A redistricting committee will not consider a plan that the redistricting committee determines is a violation of section 2 of the Voting Rights Act, 42 U.S.C. § 1973(a), which prohibits any state from imposing any voting qualification, standard, practice or procedure that results in the denial or abridgment of any United States citizen’s right to vote on account of race, color or status as a member of a language minority group.

     2.  A redistricting committee will not consider a plan that the redistricting committee determines is racially gerrymandered. Racial gerrymandering exists when:

     (a) Race is the dominant and controlling rationale in drawing district lines; and

     (b) The Legislature subordinates traditional districting principles to racial considerations.

 


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ê2011 Statutes of Nevada, Page 3761 (File Number 1, ACR 1)ê

 

     3.  For the purpose of analyzing the 2010 census data, the redistricting committees shall adopt the method set forth in the Office of Management and Budget (OMB) Bulletin No. 00-02 for aggregating and allocating the 63 categories of race data that will be reported to Nevada by the United States Census Bureau as part of the federal decennial census.

 

Rule No. 13.6.  Public Participation.

     1.  The redistricting committees shall seek and encourage:

     (a) Public participation in all aspects of the reapportionment and redistricting activities; and

     (b) The widest range of public input into the deliberations relating to those activities.

     2.  Notices of all meetings of the redistricting committees must be transmitted to any member of the public who so requests, without charge.

     3.  All interested persons are encouraged to appear before the redistricting committees and to provide their input regarding the reapportionment and redistricting activities. The redistricting committees shall afford a reasonable opportunity to any interested persons to present plans for redistricting, or amendments to plans for redistricting, unless such plans demonstrably fail to meet the minimally acceptable criteria set forth in this rule and Joint Standing Rules Nos. 13, 13.1, 13.2, 13.3, 13.4 and 13.5.

     4.  Each of the redistricting committees shall fully utilize available videoconferencing capabilities and shall, either jointly or separately, hold at least one hearing in the southern portion of the State and at least one hearing in a rural portion of the State to allow residents throughout the State an opportunity to participate in the deliberations relating to the reapportionment and redistricting activities.

     5.  The Legislative Counsel Bureau shall make available to the public copies of the validated 2010 census database for the cost of reproducing the database.

     6.  The redistricting committees shall make available for review by the public, copies of all maps prepared at the direction of the committees.

 

LIMITATIONS ON INTRODUCTION AND REQUESTS FOR DRAFTING OF LEGISLATIVE MEASURES

 

Rule No. 14.  Limitations on Drafting and Requirements for Introduction; Duplicative Measures; Indication of Requester on Committee Introductions.

     1.  Except as otherwise provided in Joint Standing Rules Nos. 14.4, 14.5 and 14.6, after a regular legislative session has convened, the Legislative Counsel shall honor, if submitted before 5 p.m. on the 8th calendar day of the legislative session, not more than:

     (a) Two requests from each Assemblyman and Assemblywoman; and

     (b) Four requests from each Senator,

Ê for the drafting of a bill or resolution.

     2.  Except as otherwise provided in subsection 4 and Joint Standing Rules Nos. 14.4, 14.5 and 14.6, after a regular legislative session has convened, the Legislative Counsel shall honor, if submitted before 5 p.m. on the 19th calendar day of the legislative session, not more than 50 requests, in total, from the standing committees of each House for the drafting of a bill or joint resolution. The Majority Leader of the Senate and the Speaker of the Assembly shall, not later than the 1st calendar day of the legislative session, determine and provide the Legislative Counsel with a written list of the number of requests for the drafting of a bill that may be submitted by each standing committee of their respective Houses, within the limit provided by this subsection.

 


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ê2011 Statutes of Nevada, Page 3762 (File Number 1, ACR 1)ê

 

the Speaker of the Assembly shall, not later than the 1st calendar day of the legislative session, determine and provide the Legislative Counsel with a written list of the number of requests for the drafting of a bill that may be submitted by each standing committee of their respective Houses, within the limit provided by this subsection. The lists may be revised any time before the 19th day of the legislative session to reallocate any unused requests or requests which were withdrawn before drafting began on the request.

     3.  A request for the drafting of a bill or resolution that is submitted by a standing committee pursuant to this section must be approved by a majority of all of the members appointed to the committee before the request is submitted to the Legislative Counsel.

     4.  A standing committee may only request the drafting of a bill or resolution or introduce a bill or resolution that is within the jurisdiction of the standing committee.

     5.  A measure introduced by a standing committee at the request of a Legislator or organization must indicate the Legislator or organization at whose request the measure was drafted.

     6.  The following measures must be introduced by a standing committee:

     (a) Measures drafted at the request of agencies and officers of the Executive Branch of State Government, local governments, the courts and other authorized nonlegislative requesters.

     (b) Measures requested by statutory committees and interim legislative studies.

     (c) Bills requested by a standing committee, or by persons designated to request measures on behalf of a standing committee during the interim. Bills requested by or on behalf of a standing committee must be introduced by that committee.

     7.  Resolutions requested by or on behalf of a standing committee may be introduced by an individual member.

     8.  If two or more measures are being considered in the same House which are substantively duplicative, only the measure which has been assigned the lowest number for the purpose of establishing its priority in drafting may be considered, unless the measure with the lowest number is not introduced within 5 days after introduction of a measure with a higher number.

     9.  A Legislator may not change the subject matter of a request for a legislative measure after it has been submitted for drafting.

 

Rule No. 14.1.  Secondary Deadlines for Submission of Details to the Legislative Counsel.

     1.  If a request for the drafting of a bill or resolution is submitted to the Legislative Counsel by a Legislator before a regular session has convened, the Legislator who submitted the request shall, by the 15th calendar day of the legislative session, provide the Legislative Counsel with information to draft the request which is sufficient in detail to allow for complete drafting of the request.

     2.  If a request for the drafting of a bill or resolution is submitted to the Legislative Counsel by a Legislator on or before the 8th calendar day of the legislative session pursuant to subsection 1 of Joint Standing Rule No. 14, the Legislator who submitted the request shall, by the 23rd calendar day of the legislative session, provide the Legislative Counsel with information to draft the request which is sufficient in detail to allow for complete drafting of the request.

 


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ê2011 Statutes of Nevada, Page 3763 (File Number 1, ACR 1)ê

 

day of the legislative session, provide the Legislative Counsel with information to draft the request which is sufficient in detail to allow for complete drafting of the request.

     3.  If a request for the drafting of a bill or resolution is submitted to the Legislative Counsel by a standing committee of the Assembly or Senate on or before the 19th calendar day of the legislative session pursuant to subsection 2 of Joint Standing Rule No. 14, the chair of the standing committee or his or her designee shall, by the 33rd calendar day of the legislative session, provide the Legislative Counsel with information to draft the request which is sufficient in detail to allow for complete drafting of the request.

     4.  The Legislative Counsel shall give priority to the drafting of bills and resolutions for which sufficient detail to allow complete drafting of the request was submitted within the period required by this Rule.

     5.  The provisions of this Rule apply to a request submitted by a Legislator who is not returning to the Legislature for the legislative session if the request was claimed by another Legislator, either individually or as the chair of a standing committee, who is or will be serving during the legislative session.

     6.  The provisions of this Rule do not apply to:

     (a) Emergency requests submitted pursuant to Joint Standing Rule No. 14.4.

     (b) Requests for which a waiver is granted pursuant to Joint Standing Rule No. 14.5.

 

Rule No. 14.2.  Limitations on Time for Introduction of Legislation.

     1.  Except as otherwise provided in Joint Standing Rules Nos. 14.4, 14.5 and 14.6:

     (a) Unless the provisions of paragraph (b) or (c) are applicable, a bill or joint resolution may only be introduced on or before:

           (1) The 10th calendar day following delivery of the introductory copy of the bill or joint resolution; or

           (2) The last day for introduction of the bill or joint resolution as required by paragraph (d),

Ê whichever is earlier.

     (b) If a bill or joint resolution requires revision after the introductory copy has been delivered, such information as is required to draft the revision must be submitted to the Legislative Counsel before the 10th calendar day following delivery of the introductory copy of the bill or joint resolution. The revised bill or joint resolution may only be introduced on or before:

           (1) The 15th calendar day following delivery of the original introductory copy of the bill or joint resolution; or

           (2) The last day for introduction of the bill or joint resolution as required by paragraph (d),

Ê whichever is earlier.

     (c) If the bill or joint resolution requires a second or subsequent revision, such information as is required to draft the revision must be submitted to the Legislative Counsel before the 15th calendar day following delivery of the original introductory copy of the bill or joint resolution. A bill or joint resolution revised pursuant to this subsection may only be introduced on or before:

 


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ê2011 Statutes of Nevada, Page 3764 (File Number 1, ACR 1)ê

 

          (1) The 20th calendar day following delivery of the original introductory copy of the bill or joint resolution; or

           (2) The last day for introduction of the bill or joint resolution as required by paragraph (d),

Ê whichever is earlier.

     (d) Except as otherwise provided in subsection 3, the last day for introduction of a bill or joint resolution that was requested by:

           (1) A Legislator is the 43rd calendar day of the legislative session.

           (2) A standing or interim committee or other requester is the 50th calendar day of the legislative session.

     2.  The Legislative Counsel shall indicate on the face of the introductory copy of each bill or joint resolution the final date on which the bill or joint resolution may be introduced.

     3.  If the final date on which the bill or joint resolution may be introduced falls upon a day on which the House in which the bill or joint resolution is to be introduced is not in session, the bill or joint resolution may be introduced on the next day that the House is in session.

 

SCHEDULE FOR ENACTMENT OF BILLS

 

Rule No. 14.3.  Final Dates for Action by Standing Committees and Houses.

     Except as otherwise provided in Joint Standing Rules Nos. 14.4, 14.5 and 14.6:

     1.  The final standing committee to which a bill or joint resolution is referred in its House of origin may only take action on the bill or joint resolution on or before the 68th calendar day of the legislative session. A bill may be re-referred after that date only to the Committee on Finance or the Committee on Ways and Means and only if the bill is exempt pursuant to subsection 1 of Joint Standing Rule No. 14.6.

     2.  Final action on a bill or joint resolution may only be taken by the House of origin on or before the 79th calendar day of the legislative session.

     3.  The final standing committee to which a bill or joint resolution is referred in the second House may only take action on the bill or joint resolution on or before the 103rd calendar day of the legislative session. A bill may be re-referred after that date only to the Committee on Finance or the Committee on Ways and Means and only if the bill is exempt pursuant to subsection 1 of Joint Standing Rule No. 14.6.

     4.  Final action on a bill or joint resolution may only be taken by the second House on or before the 110th calendar day of the legislative session.

 

Rule No. 14.4.  Emergency Requests.

     1.  After a legislative session has convened:

     (a) The Majority Leader of the Senate and the Speaker of the Assembly may each submit to the Legislative Counsel, on his or her own behalf or on the behalf of another Legislator or a standing committee of the Senate or Assembly, not more than five requests for the drafting of a bill or resolution.

     (b) The Minority Leader of the Senate and the Minority Leader of the Assembly may each submit to the Legislative Counsel, on his or her own behalf or on the behalf of another Legislator or a standing committee of the Senate or Assembly, not more than two requests for the drafting of a bill or resolution.

 


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behalf or on the behalf of another Legislator or a standing committee of the Senate or Assembly, not more than two requests for the drafting of a bill or resolution.

     2.  A request submitted pursuant to subsection 1:

     (a) May be submitted at any time during the legislative session and is not subject to any of the provisions of subsections 1 and 2 of Joint Standing Rule No. 14, Joint Standing Rule No. 14.1, subsection 1 of Joint Standing Rule No. 14.2 and Joint Standing Rule No. 14.3.

     (b) Is in addition to, and not in lieu of, any other requests for the drafting of a bill or resolution that are authorized to be submitted to the Legislative Counsel by the Majority Leader of the Senate, Speaker of the Assembly, Minority Leader of the Senate or Minority Leader of the Assembly.

     3.  The list of requests for the preparation of legislative measures prepared pursuant to NRS 218D.130 must include the phrase “EMERGENCY REQUEST OF” and state the title of the person who requested each bill or resolution pursuant to this Rule. If the request was made on behalf of another Legislator or a standing committee, the list must also include the name of the Legislator or standing committee on whose behalf the bill or resolution was requested.

     4.  The Legislative Counsel shall cause to be printed on the face of the introductory copy of all reprints of each bill or resolution requested pursuant to this Rule the phrase “EMERGENCY REQUEST OF” and state the title of the person who requested the bill or resolution.

 

Rule No. 14.5.  Waivers.

     1.  At the request of a Legislator or a standing or select committee of the Senate or Assembly, subsection 1 or 2 of Joint Standing Rule No. 14, subsection 1 of Joint Standing Rule No. 14.2 or any of the provisions of Joint Standing Rules Nos. 14.1 and 14.3, or any combination thereof, may be waived by the Majority Leader of the Senate and the Speaker of the Assembly, acting jointly, at any time during a legislative session. A request for a waiver submitted by a committee must be approved by a majority of all members appointed to the committee before the request is submitted to the Majority Leader and the Speaker.

     2.  A waiver granted pursuant to subsection 1:

     (a) Must be in writing, executed on a form provided by the Legislative Counsel, and signed by the Majority Leader and the Speaker.

     (b) Must indicate the date on which the waiver is granted.

     (c) Must indicate the Legislator or committee on whose behalf the waiver is being granted.

     (d) Must include the bill number for which the waiver is granted or indicate that the Legislative Counsel is authorized to accept and honor a request for a new bill or resolution.

     (e) Must indicate the provisions to which the waiver applies.

     (f) May include the conditions under which the bill for which the waiver is being granted must be introduced and processed.

     3.  The Legislative Counsel shall not honor a request for the drafting of a new bill or resolution for which a waiver is granted pursuant to this Rule unless information which is sufficient in detail to allow for complete drafting of the bill or resolution is submitted to the Legislative Counsel within 2 calendar days after the date on which the waiver is granted.

 


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     4.  Upon the receipt of a written waiver granted pursuant to this Rule, the Legislative Counsel shall transmit a copy of the waiver to the Secretary of the Senate and the Chief Clerk of the Assembly. The notice that a waiver has been granted for an existing bill must be read on the floor and entered in the Journal, and a notation that the waiver was granted must be included as a part of the history of the bill on the next practicable legislative day. A notation that a waiver was granted authorizing a new bill or resolution must be included as a part of the history of the bill or resolution after introduction.

     5.  The Legislative Counsel shall secure the original copy of the waiver to the official cover of the bill or resolution.

 

Rule No. 14.6.  Exemptions.

     1.  Upon request of the draft by or referral to the Senate Finance Committee or the Assembly Committee on Ways and Means, a bill which:

     (a) Contains an appropriation; or

     (b) Has been determined by the Fiscal Analysis Division to:

           (1) Authorize the expenditure by a state agency of sums not appropriated from the State General Fund or the State Highway Fund;

           (2) Create or increase any significant fiscal liability of the State;

           (3) Implement a budget decision; or

           (4) Significantly decrease any revenue of the State,

Ê is exempt from the provisions of subsections 1 and 2 of Joint Standing Rule No. 14, Joint Standing Rule No. 14.1, subsection 1 of Joint Standing Rule No. 14.2 and Joint Standing Rule No. 14.3. The Fiscal Analysis Division shall give notice to the Legislative Counsel to cause to be printed on the face of the bill the term “exempt” for any bills requested by the Senate Finance Committee or Assembly Committee on Ways and Means that have been determined to be exempt and shall give written notice to the Legislative Counsel, Secretary of the Senate and Chief Clerk of the Assembly of any bill which is determined to be exempt or eligible for exemption after it is printed. When a bill is determined to be exempt or eligible for an exemption after the bill was printed a notation must be included as a part of the history of the bill on the next practicable legislative day. The term “exempt” must be printed on the face of all reprints of the bill after the bill becomes exempt.

     2.  Unless exempt pursuant to paragraph (a) of subsection 1, all of the provisions of Joint Standing Rules Nos. 14, 14.1, 14.2 and 14.3 apply to a bill until the bill becomes exempt pursuant to subsection 1. A bill that has become exempt does not lose the exemption regardless of subsequent actions taken by the Legislature.

     3.  A cumulative list of all bills determined by the Fiscal Analysis Division pursuant to subsection 1 to be exempt or eligible for exemption after being printed must be maintained and printed in the back of the list of requests for the preparation of legislative measures prepared pursuant to NRS 218D.130.

     4.  The provisions of subsections 1 and 2 of Joint Standing Rule No. 14, Joint Standing Rule No. 14.1, subsection 1 of Joint Standing Rule No. 14.2 and Joint Standing Rule No. 14.3 do not apply to:

     (a) A measure that primarily relates to carrying out the business of the Legislature.

     (b) A bill returned from enrollment for a technical correction.

 


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     (c) A bill that was previously enrolled but, upon request of the Legislature, has been returned from the Governor for further consideration.

     (d) A bill draft or measure requested by a redistricting committee pursuant to subsection 3 of Joint Standing Rule No. 13.4.

 

Rule No. 14.7.  Amendments.

     1.  The Legislative Counsel shall not honor a request for the drafting of an amendment to a bill or resolution if the subject matter of the amendment is independent of, and not specifically related and properly connected to, the subject that is expressed in the title of the bill or resolution.

     2.  For the purposes of this Rule, an amendment is independent of, and not specifically related and properly connected to, the subject that is expressed in the title of a bill or resolution if the amendment relates only to the general, single subject that is expressed in that title and not to the specific whole subject matter embraced in the bill or resolution.

     3.  This Rule must be narrowly construed to carry out the purposes for which it was adopted which is to ensure the effectiveness of the limitations set forth in Joint Standing Rules Nos. 14, 14.1, 14.2 and 14.3.

 

CONTINUATION OF LEADERSHIP OF THE SENATE AND ASSEMBLY DURING THE INTERIM BETWEEN SESSIONS

 

Rule No. 15.  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 Assemblyman or Assemblywoman 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.

 

Rule No. 16.  Reserved.

 

DATE OF FIRST JOINT BUDGET HEARING

 

Rule No. 17.  Requirement.

     The first joint meeting of the Senate Standing Committee on Finance and the Assembly Standing Committee on Ways and Means to consider the budgets of the agencies of the State must be held on or before the 89th calendar day of the regular session.

 


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ê2011 Statutes of Nevada, Page 3768 (File Number 1, ACR 1)ê

 

CRITERIA FOR REVIEWING BILLS THAT REQUIRE POLICIES OF HEALTH INSURANCE TO PROVIDE COVERAGE FOR CERTAIN TREATMENT OR SERVICES

 

Rule No. 18.  Topics of Consideration.

     Any standing committee of the Senate or Assembly to which a bill is referred requiring a policy of health insurance delivered or issued for delivery in this State to provide coverage for any treatment or service shall review the bill giving consideration to:

     1.  The level of public demand for the treatment or service for which coverage is required and the extent to which such coverage is needed in this State;

     2.  The extent to which coverage for the treatment or service is currently available;

     3.  The extent to which the required coverage may increase or decrease the cost of the treatment or service;

     4.  The effect the required coverage will have on the cost of obtaining policies of health insurance in this State;

     5.  The effect the required coverage will have on the cost of health care provided in this State; and

     6.  Such other considerations as are necessary to determine the fiscal and social impact of requiring coverage for the treatment or service.

 

INTERIM FINDINGS AND RECOMMENDATIONS OF LEGISLATIVE COMMITTEES

 

Rule No. 19.  Date for Reporting.

     Each legislative committee that adopted any findings or recommendations during the interim since the last regular session of the Legislature shall, no later than the 14th calendar day of the regular session, inform interested members of the Senate and Assembly of those findings and recommendations.

 

ANTI-HARASSMENT POLICY

 

Rule No. 20.  Maintenance of Working Environment; Procedure for Filing, Investigating and Taking Remedial Action on Complaints.

     1.  The Legislature hereby declares that it is the policy of the Legislature to prohibit any conduct, whether intentional or unintentional, which results in sexual harassment or other unlawful harassment based upon any other protected category. The Legislature intends to maintain a working environment which is free from sexual harassment and other unlawful harassment. Each Legislator is responsible to conduct himself or herself in a manner which will ensure that others are able to work in such an environment.

     2.  In accordance with Title VII of the Civil Rights Act, 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;

 


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ê2011 Statutes of Nevada, Page 3769 (File Number 1, ACR 1)ê

 

     (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 Legislator must exercise his or her own good judgment to avoid engaging in conduct that may be perceived by others as sexual harassment. The following noninclusive list provides illustrations of conduct that the Legislature deems to be inappropriate:

     (a) Verbal conduct such as epithets, derogatory comments, slurs or unwanted sexual advances, invitations or comments;

     (b) Visual conduct such as derogatory posters, photography, cartoons, drawings or gestures;

     (c) Physical conduct such as unwanted touching, blocking normal movement or interfering with the work directed at a person because of his or her sex; and

     (d) Threats and demands to submit to sexual requests to keep a person’s job or avoid some other loss, and offers of employment benefits in return for sexual favors.

     4.  Retaliation against a person for engaging in protected activity is prohibited. Retaliation occurs when an adverse action is taken against a person which is reasonably likely to deter the person from engaging in the protected activity. Protected activity includes, without limitation:

     (a) Opposing conduct that the person reasonably believes constitutes sexual harassment or other unlawful harassment;

     (b) Filing a complaint about the conduct; or

     (c) Testifying, assisting or participating in any manner in an investigation or other proceeding related to a complaint of sexual harassment or other unlawful harassment.

     5.  A Legislator who encounters conduct that the Legislator believes is sexual harassment, other unlawful harassment, retaliation or otherwise inconsistent with this policy may file a written complaint with:

     (a) The Speaker of the Assembly;

     (b) The Majority Leader of the Senate; or

     (c) The Director of the Legislative Counsel Bureau, if the complaint involves the conduct of the Speaker of the Assembly or the Majority Leader of the Senate.

Ê The complaint must include the details of the incident or incidents, the names of the persons involved and the names of any witnesses.

     6.  The Speaker of the Assembly, the Majority Leader of the Senate or the Director of the Legislative Counsel Bureau, as appropriate, shall cause a discreet and impartial investigation to be conducted and may, when deemed necessary and appropriate, assign the complaint to a committee consisting of Legislators of the appropriate House.

     7.  If the investigation reveals that sexual harassment, other unlawful harassment, retaliation or other conduct in violation of this policy has occurred, appropriate disciplinary or remedial action, or both will be taken. The appropriate persons will be informed when any such action is taken. The Legislature will also take any action necessary to deter any future harassment.

 


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ê2011 Statutes of Nevada, Page 3770 (File Number 1, ACR 1)ê

 

     8.  The Legislature encourages a Legislator to report any incident of sexual harassment, other unlawful harassment, retaliation or other conduct inconsistent with this policy immediately so that the complaint can be quickly and fairly resolved.

     9.  All Legislators are responsible for adhering to the provisions of this policy. The prohibitions against engaging in sexual harassment and other unlawful harassment which are set forth in this Rule apply to employees, Legislators, lobbyists, vendors, contractors, customers and any other visitors to the Legislature.

     10.  This policy does not create any enforceable legal rights in any person.

 

VOTE ON GENERAL APPROPRIATION BILL

 

Rule No. 21.  Waiting Period Between Introduction and Final Passage.

     A period of at least 24 hours must elapse between the introduction of the general appropriation bill and a vote on its final passage by its House of origin.

 

USE OF LOCK BOXES BY STATE AGENCIES

 

Rule No. 22.  Duties of Senate Standing Committee on Finance and Assembly Standing Committee on Ways and Means.

     To expedite the deposit of state revenue, the Senate Standing Committee on Finance and the Assembly Standing Committee on Ways and Means shall, when reviewing the proposed budget of a state agency which collects state revenue, require if practicable, the agency to deposit revenue that it has received within 24 hours after receipt. The Committees shall allow such agencies to deposit the revenue directly or contract with a service to deposit the revenue within the specified period.

________

FILE NUMBER 2, SR 1

Senate Resolution No. 1–Senators Horsford and McGinness

 

FILE NUMBER 2

 

Senate RESOLUTION—Adopting the Standing Rules of the Senate for the 76th Session of the Legislature.

 

     Resolved by the Senate of the State of Nevada, That the Senate Standing Rules are hereby adopted for the 76th 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.

 


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ê2011 Statutes of Nevada, Page 3771 (File Number 2, SR 1)ê

 

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 President’s 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 Tem and Other Presiding Officers.

     1.  Except as otherwise provided in subsection 2:

     (a) The President Pro Tem has all the power and shall discharge all the duties of the President during his or her absence, inability or unwillingness to discharge the duties of his or her office.

     (b) In the absence or inability of the President Pro Tem to discharge the duties of the President’s office, the Chair of the Standing Committee on Legislative Operations and Elections shall serve as the presiding officer. In the absence or inability of the Chair, the Vice Chair of the Standing Committee on Legislative Operations and Elections shall serve as the presiding officer. In the absence or inability of the Vice Chair of the Standing Committee on Legislative Operations and Elections, the Senate shall elect one of its members to serve as the presiding officer. A member who is serving as the presiding officer has all the power and shall discharge all the duties of the President until the absence or inability which resulted in the member serving as the presiding officer has ended.

     2.  When the President Pro Tem or another member is serving as the presiding officer, the President Pro Tem 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 Tem 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) Interview and recommend to the Standing Committee on Legislative Operations and Elections persons to be considered for employment to assist the Secretary.

     (b) See that these employees perform their respective duties.

     (c) Administer the daily business of the Senate, including the provision of secretaries to its committees.

     (d) 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.

 


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ê2011 Statutes of Nevada, Page 3772 (File Number 2, SR 1)ê

 

Rule No. 4.  Sergeant at Arms.

     1.  The Sergeant at Arms shall attend the Senate during its sittings, and execute its commands and all process issued by its authority. The Sergeant at Arms must be sworn to keep the secrets of the Senate.

     2.  The Sergeant at Arms shall:

     (a) Superintend the upkeep of the Senate’s Chamber, private lounge, and meeting rooms for committees.

     (b) Interview and recommend to the Standing Committee on Legislative Operations and Elections persons to be considered for employment to assist the Sergeant at Arms.

     3.  The Sergeant at Arms is responsible to the Majority Leader.

 

Rule No. 5.  Assistant Sergeant at Arms.

     The Assistant Sergeant at Arms shall be doorkeeper and shall preserve order in the Senate Chamber and shall assist the Sergeant at Arms. The Assistant Sergeant at Arms shall be sworn to keep the secrets of the Senate.

 

Rule No. 6.  Reserved.

 

The next rule is 10.

 

II.  SESSIONS AND MEETINGS

 

Rule No. 10.  Time of Meeting.

     The President shall call the Senate to order each day of sitting at 11:00 o’clock a.m., unless the Senate has adjourned to some other hour.

 

Rule No. 11.  Call of Senate—Moved by Three Members.

     A Call of the Senate may be moved by three Senators, and if carried by a majority of all present, the Secretary shall call the roll and note the absentees, after which the names of the absentees shall again be called over. The doors shall then be closed and the Sergeant at Arms directed to take into custody all who may be absent without leave, and all Senators so taken into custody shall be presented at the bar of the Senate for such action as to the Senate may seem proper.

 

Rule No. 12.  Absence—Leave Required.

     No Senator shall absent himself or herself from the service of the Senate without leave, except in case of accident or sickness, and if any Senator or officer shall so absent himself or herself, the per diem of the Senator shall not be allowed to him or her.

 

Rule No. 13.  Open Meetings.

     1.  Except as provided in the Constitution of the State of Nevada and in subsection 2 of this Rule, all meetings of the Senate and its committees must be open to the public.

     2.  A Senate committee meeting may be closed to consider the character, alleged misconduct, professional competence, or physical or mental health of a person.

 

The next rule is 20.

 


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ê2011 Statutes of Nevada, Page 3773 (File Number 2, SR 1)ê

 

III.  DECORUM AND DEBATE

 

Rule No. 20.  Points of Order.

     1.  If any Senator, in speaking or otherwise, transgresses the rules of the Senate, the President shall, or any Senator may, call him or her to order. If a Senator is so called to order, he or she shall not proceed without leave of the Senate. If such leave is granted, it must be upon the motion, “That he or she be allowed to proceed in order,” and the Senator shall confine himself or herself to the question under consideration and avoid personality.

     2.  Every decision of points of order made by the President is subject to appeal, and a discussion of a question of order may be allowed only upon the appeal of two Senators. In all cases of appeal, the question must be, “Shall the decision of the Chair stand as the judgment of the Senate?”

 

Rule No. 21.  Breaches of Decorum.

     1.  In cases of breaches of decorum or propriety, any Senator, officer or other person is liable to such censure or punishment as the Senate may deem proper.

     2.  If any Senator is called to order for offensive or indecorous language or conduct, the person calling the Senator to order shall report the offensive or indecorous language or conduct to the presiding officer. No member may be held to answer for any language used on the floor of the Senate if business has intervened before exception to the language was taken.

     3.  Indecorous conduct or boisterous or unbecoming language is not permitted in the Senate Chamber.

 

Rule No. 22.  Reserved.

 

Rule No. 23.  Committee on Ethics; Legislative Ethics.

     1.  The Committee on Ethics consists of:

     (a) Two members of the Senate appointed by the Majority Leader from the majority political party;

     (b) One member of the Senate appointed by the Minority Leader from the minority political party; and

     (c) Four qualified electors of the State, two of whom are appointed by the Majority Leader, one who is appointed by the Minority Leader, and one who is appointed by the other members appointed to the Committee, and none of whom is a present member of the Legislature or employed by the State of Nevada.

Ê Not more than four members of the Committee may be members of the same political party.

     2.  The Majority Leader shall appoint the Chair and Vice Chair of the Committee. The Vice Chair shall serve as the acting Chair if the Chair is unable to serve for any reason during the consideration of a specific question.

     3.  The Majority Leader shall appoint an alternate member with the qualifications set forth in paragraph (a) of subsection 1 and an alternate member with the qualifications set forth in paragraph (c) of subsection 1. The Minority Leader shall appoint an alternate member with the qualifications set forth in paragraph (b) of subsection 1 and an alternate member with the qualifications set forth in paragraph (c) of subsection 1.

 


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ê2011 Statutes of Nevada, Page 3774 (File Number 2, SR 1)ê

 

member with the qualifications set forth in paragraph (c) of subsection 1. The members of the Committee shall appoint an alternate member with the qualifications set forth in paragraph (c) of subsection 1. If a member of the Committee is unable to serve for any reason during the consideration of a specific question, the alternate appointed with the qualifications from the same paragraph in subsection 1 by the same appointing authority shall serve as a member of the Committee during the consideration of the specific question.

     4.  A member of the Committee is disqualified to serve during the consideration of a specific question if:

     (a) The member is the requester of advice concerning the question of ethics or conflict of interest, or the member is the subject of the complaint concerning the specific question; or

     (b) A reasonable person in the member’s situation could not exercise independent judgment on the matter in question.

     5.  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.

     6.  All proceedings held to consider the character, alleged misconduct, professional competence or physical or mental health of any person by the Committee on matters of ethics or conflicts of interest are confidential unless a Legislator:

     (a) Against whom a complaint is brought requests a public hearing;

     (b) Discloses the content of an opinion of the Committee at any time after his or her hearing; or

     (c) Discloses the content of an advisory opinion issued to him or her by the Committee.

     7.  A complaint which alleges a breach of ethics or a conflict of interest must be:

     (a) Made in writing on a form provided by the Secretary of the Senate;

     (b) Signed and verified under penalty of perjury by the person making the allegation; and

     (c) Filed with the Chair of the Committee or, if the Chair is the subject of the complaint, with the Vice Chair. The Chair or Vice Chair, as appropriate, shall send a copy of the complaint, within 24 hours after receiving it, to the Legislator against whom the complaint is brought.

     8.  In determining whether a Legislator has a conflict of interest, the Legislator should consider whether the independence of judgment of a reasonable person in his or her situation upon the matter in question would be materially affected by the Legislator’s:

     (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.

Ê In interpreting and applying the provisions of this subsection, it must be presumed that the independence of judgment of a reasonable person in the Legislator’s situation would not be materially affected by the Legislator’s private economic interest or the Legislator’s 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.

 


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ê2011 Statutes of Nevada, Page 3775 (File Number 2, SR 1)ê

 

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.

     9.  Except as otherwise provided in subsection 10, if a Legislator knows he or she has a conflict of interest pursuant to subsection 8, the Legislator shall make a disclosure of the conflict of interest on the record in a meeting of a committee or on the floor of the Senate, as applicable. Such a disclosure must be entered:

     (a) If the Legislator makes the disclosure in a meeting of a committee, in the minutes for that meeting.

     (b) If the Legislator makes the disclosure on the floor of the Senate, in the Journal.

     10.  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.

     11.  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 8, 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.

     12.  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.

     13.  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.

     14.  Except as otherwise provided in the Joint Standing Rules, the standards and procedures set forth in this Rule which govern whether and to what extent a Senator has a conflict of interest, should disclose a conflict of interest or should abstain from voting upon, advocating or opposing a matter concerning which the Senator has a conflict of interest pursuant to subsection 8:

     (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.

     15.  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.

 


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ê2011 Statutes of Nevada, Page 3776 (File Number 2, SR 1)ê

 

The next rule is 30.

 

IV.  QUORUM, VOTING, ELECTIONS

 

Rule No. 30.  Recorded Vote—Three Required to Call For.

     1.  A recorded vote must be taken upon final passage of a bill or joint resolution, and in any other case when called for by three members. Every Senator within the bar of the Senate shall vote “yea” or “nay” or record himself or herself as “not voting,” unless excused by unanimous vote of the Senate.

     2.  The votes and names of those absent or recorded as “not voting” and the names of Senators demanding the recorded vote must be entered in the Journal.

 

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 subsection 2, the standing and select committees of the Senate and their respective jurisdiction for the reference of bills and resolutions are as follows:

     (a) Commerce, Labor and Energy, seven members, with jurisdiction over measures affecting primarily titles 52-56 of NRS, and chapters 97-100, 118-119, 119B, 459A, 461, 461A, 489, 679A-693A, 694A-704B, 707, 711 and 712 of NRS, except measures affecting primarily state and local revenue.

     (b) Education, seven members, with jurisdiction over measures affecting primarily chapters 378-380A, 385, 386 and 388-399 of NRS, except measures affecting primarily state and local revenue.

     (c) Finance, seven members, with jurisdiction over measures primarily affecting chapters 1A, 387 and 400 of NRS, appropriations, operating and capital budgets, state and federal budget issues and bonding, except measures affecting primarily state and local revenue, and over any measures carrying or requiring appropriations and favorably reported by any other committee.

 


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     (d) Government Affairs, five members, with jurisdiction over measures affecting primarily titles 20-22, 25, 27, 28, 30, 31, 36 and 37 of NRS, and chapters 223-228, 232-237, 238-242, 289, 381, 384, 472-474, 477, 532-534, 538, 540A, 541, 693B, 708-710 and 720 of NRS, except measures affecting primarily the provisions of the Nevada Administrative Procedure Act that govern the adjudication of contested cases, state and local revenue and state and federal budget issues.

     (e) Health and Human Services, seven members, with jurisdiction over measures primarily affecting titles 38 and 39 of NRS, and chapters 439-444, 446-458, 460 and 583-585 of NRS, except measures affecting primarily state and local revenue.

     (f) Judiciary, seven members, with jurisdiction over measures affecting primarily the provisions of the Nevada Administrative Procedure Act that govern the adjudication of contested cases, titles 2-7, 9, 11-16 and 41 of NRS, and chapters 1, 2-7, 101-104A, 111-117, 119A, 120, 120A, 458A, 475 and 719 of NRS, except measures affecting primarily state and local revenue.

     (g) Legislative Operations and Elections, five members, with jurisdiction over measures affecting primarily titles 17, 24 and 29 of NRS, and chapters 281-288 of NRS, and the operation of the legislative session, except measures affecting primarily state and local revenue.

     (h) Natural Resources, five members, with jurisdiction over measures primarily affecting titles 26, 45-47, 49 and 50 of NRS, and chapters 383, 407, 444A-445D, 459, 488, 534A-537, 539, 540, 543, 544, 581, 582 and 586-590 of NRS, except measures affecting primarily state and local revenue.

     (i) Revenue, seven members, with jurisdiction over measures affecting primarily title 32 of NRS and state and local revenue.

     (j) Transportation, seven members, with jurisdiction over measures affecting primarily title 44 of NRS, and chapters 403-405, 408, 410, 476, 480-487, 490, 705 and 706 of NRS, except measures affecting primarily state and local revenue.

     (k) Select Committee on Economic Growth and Employment, seven members, with jurisdiction over measures affecting primarily chapters 231 and 237A of NRS, except measures affecting primarily state and local revenue.

     2.  The Chair of the Standing Committee on Finance may assign any portion of a proposed executive budget to any of the other standing or select committees of the Senate for review. Upon receiving such an assignment the standing or select committee shall complete its review expeditiously and report its findings and any recommendations to the Standing Committee on Finance for its independent evaluation.

 

Rule No. 41.  Appointment of Alternates.

     If the chair or any member of a committee is temporarily unable to perform his or her duties, the Majority Leader shall appoint an alternate of the same political party to serve in the chair’s or the member’s place for such time as is determined by the Majority Leader.

 

Rule No. 42.  Committee Expenses.

     No committee shall employ assistance or incur any expense, except by permission of the Senate previously obtained.

 


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Rule No. 43.  Duties of Committees.

     The several committees shall acquaint themselves with the interests of the State specially represented by the committee and shall present such bills and reports as in their judgment will advance the interests and promote the welfare of the people of the State.

 

Rule No. 44.  Committee on Legislative Operations and Elections.

     The Standing Committee on Legislative Operations and Elections shall recommend by resolution the appointment of the staff of the Senate not otherwise provided for by law. It may suspend any staff of the Senate for incompetency or dereliction of duty, pending final action by the Senate.

 

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 Senate.

 

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 two-thirds vote of the Senate, and at least one day’s notice of the motion therefor.

     2.  No such motion is in order:

     (a) If the bill to be withdrawn or ordered taken from the committee may no longer be considered by the Senate; or

     (b) On the last day of the session, or on the day preceding the last day of the session.

     3.  This Rule does not take from any committee the rights and duties of committees provided for in Senate Standing Rule No. 43.

 


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Rule No. 51.  Reserved.

 

Rule No. 52.  Reserved.

 

Rule No. 53.  Committee Rules.

     1.  The rules of the Senate, as far as applicable, are the rules of committees of the Senate. Procedure in committees, where not otherwise provided in this Rule, must follow the procedure of the Senate. For matters not included in the rules of the Senate or these rules, Mason’s Manual of Legislative Procedure must be followed.

     2.  A majority of any committee constitutes a quorum for the transaction of business.

     3.  A meeting of a committee may not be opened without a quorum present.

     4.  In addition to regularly scheduled meetings of a committee or those called by the chair of the committee, meetings may be set by a written petition of a majority of the committee and filed with the chair of the committee.

     5.  A bill may be passed from a committee only by a majority of the committee membership. A simple majority of those present and voting is sufficient to adopt committee amendments.

     6.  Subcommittees may be appointed by the chair of a committee to consider subjects specified by the committee and shall report back to the committee. If a subcommittee is so appointed, the committee shall determine whether the subcommittee shall keep minutes of its meetings. Any minutes required to be kept pursuant to this subsection must comply with the provisions of subsection 12.

     7.  A committee shall act only when together, and all votes must be taken in the presence of the committee. A member shall not be recorded as voting unless the member was actually present in the committee at the time of the vote. The chair of the committee must be present when the committee votes to take any final actions on bills or resolutions, but the chair is not required to vote. Upon approval of the Chair, a committee may meet together by video conference. A member who is actually present in the committee at a posted video conference location is present and in attendance at the meeting for all purposes. The provisions of this subsection do not prohibit the prefiling of legislative bills and resolutions on behalf of a committee in the manner prescribed by the Legislative Commission.

     8.  All committee and subcommittee meetings are open to the public, except as otherwise provided in Senate Standing Rule No. 13.

     9.  Before reporting a bill or resolution to the Senate, a committee may reconsider its action. A motion to reconsider must be made by a member who voted with the prevailing side.

     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.

 


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     11.  Secretaries to committees shall give notices of hearings on bills to anyone requesting notices of particular bills.

     12.  All committees shall keep minutes of meetings. The minutes must cover members present and absent, subjects under discussion, witnesses who appear, committee members’ statements concerning legislative intent, action taken by the committee, as well as the vote of individual members on all matters on which a vote is taken. Any member may submit to the secretary additional remarks to be included in the minutes and records of committee meetings. At the conclusion of the legislative session, the Secretary of the Senate shall deliver all minutes and records of committee meetings in his or her possession to the Director of the Legislative Counsel Bureau.

     13.  In addition to the minutes, the committee secretary shall maintain a record of all bills, including:

     (a) Date bill referred;

     (b) Date bill received;

     (c) Date set for hearing the bill;

     (d) Date or dates bill heard and voted upon; and

     (e) Date report prepared.

     14.  Each committee secretary shall file the minutes of each meeting with the Secretary of the Senate as soon as practicable after the meeting.

     15.  All committee minutes and any subcommittee minutes required to be kept pursuant to subsection 6 are open to public inspection upon request and during normal business hours.

 

Rule No. 54.  Review of State Agency Programs.

     In addition to or concurrent with committee action taken on specific bills and resolutions during a regular session of the Legislature, each standing committee of the Senate is encouraged to plan and conduct a general review of selected programs of state agencies or other areas of public interest within the committee’s jurisdiction.

 

The next rule is 60.

 

VI.  RULES GOVERNING MOTIONS

 

A.  Motions Generally

 

Rule No. 60.  Entertaining.

     1.  No motion may be debated until it is announced by the President.

     2.  By consent of the Senate, a motion may be withdrawn before amendment or decision.

 

Rule No. 61.  Precedence of Motions.

     When a question is under debate no motion shall be received but the following, which shall have precedence in the order named:

     1.  To adjourn.

     2.  For a call of the Senate.

     3.  To recess.

     4.  To lay on the table.

     5.  For the previous question.

     6.  To postpone to a day certain.

 


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     7.  To refer to committee.

     8.  To amend.

     9.  To postpone indefinitely.

Ê The first four shall be decided without debate.

 

Rule No. 62.  When Not Entertained.

     1.  When a motion to refer to committee, to postpone to a day certain, or to postpone indefinitely has been decided, it must not be again entertained on the same day.

     2.  When a question has been postponed indefinitely, it must not again be introduced during the session unless this Rule is suspended by a two-thirds vote.

     3.  There must be no reconsideration of a vote on a motion to postpone indefinitely.

 

B.  Particular Motions

 

Rule No. 63.  To Adjourn.

     A motion to adjourn shall always be in order. The name of the Senator moving to adjourn, and the time when the motion was made, shall be entered in the Journal.

 

Rule No. 64.  Lay on the Table.

     A motion to lay on or take from the table shall be carried by a majority vote.

 

Rule No. 65.  Reserved.

 

Rule No. 66.  To Strike Enacting Clause.

     A motion to strike out the enacting clause of a bill or resolution has precedence over a motion to refer to committee or to amend. If a motion to strike out the enacting clause of a bill or resolution is carried, the bill or resolution is rejected.

 

Rule No. 67.  Division of Question.

     1.  Any Senator may call for a division of a question.

     2.  A question must be divided if it embraces subjects so distinct that if one subject is taken away, a substantive proposition remains for the decision of the Senate.

     3.  A motion to strike out and insert must not be divided.

 

Rule No. 68.  To Reconsider—Precedence of.

     1.  A motion to reconsider has precedence over every other motion, including a motion to adjourn if the motion is to reconsider a final vote on a bill or resolution. A motion to reconsider a final vote on a bill or resolution shall be in order only on the day on which the final vote is taken and the vote on such a motion to reconsider must be taken on the same day.

     2.  If the motion to reconsider is for any other action, the motion has precedence over every other motion, except a motion to adjourn. When the Senate adjourns while a motion to reconsider is pending, or before passing the order of Motions and Resolutions, the right to move for reconsideration continues to the next day of sitting.

 


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Senate adjourns while a motion to reconsider is pending, or before passing the order of Motions and Resolutions, the right to move for reconsideration continues to the next day of sitting.

 

Rule No. 69.  Explanation of Motion.

     Whenever a Senator moves to change the usual disposition of a bill or resolution, he or she shall describe the subject of the bill or resolution and state the reasons for requesting the change in the processing of the bill or resolution.

 

The next rule is 80.

 

VII.  DEBATE

 

Rule No. 80.  Speaking on Question.

     1.  Every Senator who speaks shall, standing in his or her place, address “Mr. or Madam President,” in a courteous manner, and shall confine himself or herself to the question before the Senate. When the Senator has finished, he or she shall sit down.

     2.  No Senator may speak:

     (a) More than twice during the consideration of any one question on the same day, except for explanation.

     (b) A second time without leave when others who have not spoken desire the floor.

     3.  Incidental and subsidiary questions arising during debate shall not be considered the same question.

 

Rule No. 81.  Previous Question.

     The previous question shall not be put unless demanded by three Senators, and it shall be in this form: “Shall the main question be put?” When sustained by a majority of Senators present it shall put an end to all debate and bring the Senate to a vote on the question or questions before it, and all incidental questions arising after the motion was made shall be decided without debate. A person who is speaking on a question shall not while he or she has the floor move to put that question.

 

The next rule is 90.

 

VIII.  CONDUCT OF BUSINESS

 

A.  Generally

 

Rule No. 90.  Mason’s Manual.

     The rules of parliamentary practice contained in Mason’s 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 rules of the Senate and Assembly.

 

Rule No. 91.  Suspension of Rule.

     No standing rule or order of the Senate shall be rescinded or changed without a vote of two-thirds of the Senate and one day’s notice of the motion therefor; but a rule or order may be temporarily suspended for a special purpose by a vote of two-thirds of the members present.

 


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motion therefor; but a rule or order may be temporarily suspended for a special purpose by a vote of two-thirds of the members present. When the suspension of a rule is called for, and after due notice from the President no objection is offered, the President can announce the rule suspended and the Senate may proceed accordingly; but this shall not apply to that portion of Senate Standing Rule No. 109 relating to the third reading of bills, which cannot be suspended.

 

Rule No. 92.  Notices of Bills, Topics and Public Hearings.

     Adequate notice shall be provided to the Legislators and the public by posting information relative to the bills, topics and public hearings which are to come before committees. Notices shall include the date, time, place and agenda, and shall be posted conspicuously in the legislative building, shall appear in the daily history, and shall be made available to the news media.

     This requirement of notice may be suspended for an emergency by the affirmative vote of two-thirds of the committee members appointed.

 

Rule No. 93.  Protest.

     Any Senator, or Senators, may protest against the action of the Senate upon any question, and have such protest entered in the Journal.

 

Rule No. 94.  Privilege of the Floor.

     1.  To preserve decorum and facilitate the business of the Senate, only the following persons may be present on the floor of the Senate during formal sessions:

     (a) State officers;

     (b) Officers and members of the Senate;

     (c) Employees of the Legislative Counsel Bureau;

     (d) Staff of the Senate; and

     (e) Members of the Assembly whose presence is required for the transaction of business.

     2.  Guests of Senators must be seated in a section of the upper or lower gallery of the Senate Chamber to be specially designated by the Sergeant at Arms. The Majority Leader may specify special occasions when guests may be seated on the floor of the Senate with a Senator.

     3.  A majority of Senators may authorize the President to have the Senate Chamber cleared of all persons except Senators and officers of the Senate.

     4.  The Senate Chamber may not be used for any business other than legislative business during a legislative session.

 

Rule No. 95.  Material Placed on Legislators’ Desks.

     1.  Only the Sergeant at Arms and officers and employees of the Senate may place papers, letters, notes, pamphlets and other written material upon a Senator’s 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.

 


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Rule No. 96.  Reserved.

 

Rule No. 97.  Petitions and Memorials.

     The contents of any petition or memorial shall be briefly stated by the President or any Senator presenting it. It shall then lie on the table or be referred, as the President or Senate may direct.

 

Rule No. 98.  Reserved.

 

Rule No. 99.  Reserved.

 

Rule No. 100.  Reserved.

 

Rule No. 101.  Reserved.

 

Rule No. 102.  Objection to Reading of Paper.

     Where the reading of any paper is called for, and is objected to by any Senator, it shall be determined by a vote of the Senate, and without debate.

 

Rule No. 103.  Questions Relating to Priority of Business.

     All questions relating to the priority of business shall be decided without debate.

 

B.  Bills and Resolutions

 

Rule No. 104.  Reserved.

 

Rule No. 105.  Reserved.

 

Rule No. 106.  Skeleton Bills.

     Skeleton bills may be introduced after the beginning of a session when, in the opinion of the sponsor and the Legislative Counsel, the full drafting of the bill would entail extensive research or be of considerable length. A skeleton bill will be a presentation of ideas or statements of purpose, sufficient in style and expression to enable the Legislature and the committee to which the bill may be referred to consider the substantive merits of the legislation proposed.

 

Rule No. 107.  Information Concerning Bills.

     1.  Bills introduced may be accompanied by information relative to witnesses and selected persons of departments and agencies who should be considered for committee hearings on the proposed legislation. At the time of or after introduction of a bill, a list of witnesses who are proponents of the bill together with their addresses and telephone numbers may be given to the secretary of the committee to which the bill is referred. This information may be provided by:

     (a) The Senator introducing the bill;

     (b) The person requesting a committee introduction of the bill; or

     (c) The chair of the committee introducing the bill.

     2.  The secretary of the committee shall deliver this information to the chair of the committee to which the bill is referred. Members of the committee may suggest additional names for witnesses.

 


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     3.  The Legislator may provide an analysis which may describe the intent, purpose, justification and effects of the bill, or any of them.

 

Rule No. 108.  Reserved.

 

Rule No. 109.  Reading of Bills.

     1.  Every bill must receive three readings before its passage, unless, in case of emergency, this rule is suspended by a two-thirds vote of the Senate.

     2.  The first reading of a bill is for information, and if there is opposition to the bill, the question must be, “Shall this bill be rejected?” If there is no opposition to the bill, or if the question to reject is defeated, the bill must then take the usual course.

     3.  No bill may be referred to committee until once read, nor amended until twice read.

     4.  The third reading of every bill must be by sections.

 

Rule No. 110.  Second Reading File—Consent Calendar.

     1.  All bills or joint resolutions reported by committee must be placed on a Second Reading File unless recommended for placement on the Consent Calendar.

     2.  A committee shall not recommend a bill or joint resolution for placement on the Consent Calendar if:

     (a) An amendment of the bill or joint resolution is recommended;

     (b) It contains an appropriation;

     (c) It requires a two-thirds vote of the Senate; or

     (d) It is controversial in nature.

     3.  A bill or joint resolution recommended for placement on the Consent Calendar must be included in the Daily File listed in the Daily History of the Senate at least 1 calendar day before it may be considered.

     4.  A bill or joint resolution must be removed from the Consent Calendar at the request of any Senator. A bill or joint resolution so removed must be immediately placed on the Second Reading File for consideration in the usual order of business.

     5.  When the Consent Calendar is called:

     (a) The bills remaining on the Consent Calendar must be read by number and summary, and the vote must be taken on their final passage as a group.

     (b) No remarks or questions are in order and the bills remaining on the Consent Calendar must be voted upon without debate.

 

Rule No. 111.  Publications.

     1.  An appropriate number of copies of all bills and resolutions of general interest must be printed for the use of the Senate and Assembly. Such other matter must be printed as may be ordered by the Senate.

     2.  Bill books will not be prepared for legislators unless they qualify for and request the service. The service, if approved, will be limited to the provision of one full set of bills, journals, histories and indexes for the Senator’s 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:

 


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     (a) The Senator has served in the Senate for 8 or more years; or

     (b) A physical or medical condition requires the Senator to use the bill books rather than viewing bills on a laptop computer.

     4.  A request for bill book service must be made to the Majority Leader of the Senate. If the Majority Leader determines that the Senator qualifies for the service, the Majority Leader shall direct the Legislative Counsel Bureau to provide the service.

 

Rule No. 112.  Sponsorship.

     1.  A Senator may rise and request that his or her name be added as a sponsor of a bill or resolution that is introduced in the Senate if the Senator has submitted to the Secretary of the Senate a statement approving the request signed by the Senator who introduced the bill or resolution. A Senator may make a request to have his or her name added as a sponsor of:

     (a) A resolution of the Senate, at any time after the resolution is introduced in the Senate and before the resolution is passed by the Senate.

     (b) A bill or a joint or concurrent resolution:

           (1) At any time after the bill or resolution is introduced in the Senate and before the bill or resolution is passed out of the Senate to the Assembly; and

           (2) At any time after the bill or resolution is returned to the Senate following passage by the Assembly and before the bill or resolution is enrolled.

     2.  A Senator who is a sponsor of a bill or resolution that is introduced in the Senate may rise and request that his or her name be removed as a sponsor of the bill or resolution. A Senator may make a request to have his or her name removed as a sponsor of:

     (a) A resolution of the Senate, at any time after the resolution is introduced in the Senate and before the resolution is passed by the Senate.

     (b) A bill or a joint or concurrent resolution:

           (1) At any time after the bill or resolution is introduced in the Senate and before the bill or resolution is passed out of the Senate to the Assembly; and

           (2) At any time after the bill or resolution is returned to the Senate following passage by the Assembly and before the bill or resolution is enrolled.

 

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.

 


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committee amendments. Any bill so amended upon the General File must be reprinted and engrossed or reengrossed.

     3.  An appropriate number of copies of all amended bills must be printed.

 

Rule No. 114.  Referral of Bill With Special Instructions.

     A bill may be referred to committee with special instructions to amend at any time before taking the final vote.

 

Rule No. 115.  Reconsideration of Vote on Bill.

     1.  A vote may be reconsidered on motion of any member.

     2.  Motions to reconsider a vote upon amendments to any pending question and upon a final vote on a bill or resolution may be made and decided at once.

 

Rule No. 116.  Reserved.

 

Rule No. 117.  Different Subject Not Admitted as Amendment.

     No subject different from that under consideration shall be admitted as an amendment; and no bill or resolution shall be amended by incorporating any irrelevant subject matter or by association or annexing any other bill or resolution pending in the Senate, but a substitute may be offered at any time so long as the original is open to amendment.

 

Rule No. 118.  Certain Resolutions Treated as Bills.

     1.  Resolutions addressed to Congress, or to either House thereof, or to the President of the United States, or the heads of any of the national departments, or proposing amendments to the State Constitution are subject, in all respects, to the foregoing rules governing the course of bills.

     2.  A joint resolution proposing an amendment to the Constitution must be entered in the Journal in its entirety.

 

Rule No. 118.2.  Memorial Resolutions.

     Once the sponsor has moved for the adoption of a memorial resolution, not more than one member from each caucus, and, upon request of a member of the body and the approval of the Majority Leader, one additional member may speak on the resolution.

 

Rule No. 119.  Certain Resolutions Treated as Motions.

     Except as otherwise provided in Senate Standing Rules Nos. 118 and 118.2, resolutions must be treated as motions in all proceedings of the Senate.

 

Rule No. 119.2.  Return From the Secretary of State.

     A Senate resolution may be used to request the return from the Secretary of State of an enrolled Senate resolution for further consideration.

 


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C.  Order of Business, Special Orders and Other Matters

 

Rule No. 120.  Order of Business.

     1.  Roll Call.

     2.  Prayer and Pledge of Allegiance to the Flag.

     3.  Reading and Approval of the Journal.

     4.  Reports of Committees.

     5.  Messages from the Governor.

     6.  Messages from the Assembly.

     7.  Communications.

     8.  Waivers and Exemptions.

     9.  Motions, Resolutions and Notices.

     10.  Introduction, First Reading and Reference.

     11.  Consent Calendar.

     12.  Second Reading and Amendment.

     13.  General File and Third Reading.

     14.  Unfinished Business.

     15.  Special Orders of the Day.

     16.  Remarks from the Floor; Introduction of Guests. A Senator may speak under this order of business for a period of not more than 10 minutes.

 

Rule No. 121.  Privilege.

     Any Senator may rise and explain a matter personal to himself or herself by leave of the President, but the Senator shall not discuss any pending question in such explanation.

 

Rule No. 122.  Reserved.

 

Rule No. 123.  Reserved.

 

Rule No. 124.  Preference to Speak.

     When two or more Senators rise at the same time the President shall name the one who may first speak—giving preference, when practicable, to the mover or introducer of the subject under consideration.

 

Rule No. 125.  Special Order.

     The President shall call the Senate to order on the arrival of the time fixed for the consideration of a special order, and announce that the special order is before the Senate, which shall be considered, unless it be postponed by a two-thirds vote, and any business before the Senate at the time of the announcement of the special order shall go to Unfinished Business.

 

Rule No. 126.  Reserved.

 

Rule No. 127.  Reserved.

 

Rule No. 128.  Reserved.

 

Rule No. 129.  Reserved.

 


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ê2011 Statutes of Nevada, Page 3789 (File Number 2, SR 1)ê

 

D.  Contests of Elections

 

Rule No. 130.  Procedure.

     1.  The Senate shall not dismiss a statement of contest for want of form if any ground of contest is alleged with sufficient certainty to inform the defendant of the charges he or she is required to meet. The following grounds are sufficient, but are not exclusive:

     (a) That the election board or any member thereof was guilty of malfeasance.

     (b) That a person who has been declared elected to an office was not at the time of election eligible to that office.

     (c) That illegal votes were cast and counted for the defendant, which, if taken from the defendant, will reduce the number of legal votes below the number necessary to elect him or her.

     (d) That the election board, in conducting the election or in canvassing the returns, made errors sufficient to change the result of the election as to any person who has been declared elected.

     (e) That the defendant has given, or offered to give, to any person a bribe for the purpose of procuring his or her election.

     (f) That there was a possible malfunction of any voting or counting device.

     2.  The contest must be submitted so far as may be possible upon depositions or by written or oral arguments as the Senate may order. Any party to a contest may take the deposition of any witness at any time after the statement of contest is filed with the Secretary of State and before the contest is finally decided. At least 5 days’ notice must be given to the prospective deponent and to the other party. If oral statements are made at any hearing before the Senate or a committee thereof which purport to establish matters of fact, they must be made under oath. Strict rules of evidence do not apply.

     3.  The contestant has the burden of proving that any irregularities shown were of such nature as to establish the probability that the result of the election was changed thereby. After consideration of all the evidence, the Senate shall declare the defendant elected unless the Senate finds from the evidence that a person other than the defendant received the greatest number of legal votes, in which case the Senate shall declare that person elected.

 

The next rule is 140.

 

IX.  LEGISLATIVE INVESTIGATIONS

 

Rule No. 140.  Compensation of Witnesses.

     Witnesses summoned to appear before the Senate, or any of its committees, shall be compensated as provided by law for witnesses required to attend in the courts of the State of Nevada.

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ê2011 Statutes of Nevada, Page 3790ê

 

FILE NUMBER 3, SR 2

Senate Resolution No. 2–Senators Horsford and McGinness

 

FILE NUMBER 3

 

Senate RESOLUTION—Providing allowances to the leadership and other members of the Senate for periodicals, stamps, stationery and communications.

 

     Resolved by the Senate of the State of Nevada, That the sum to be allowed, as provided by law, for each member of the Senate for periodicals, stamps and stationery is $60 and for the use of telephones is $2,800, and the sum to be allowed, as provided by law, for the President and President Pro Tempore of the Senate, the Majority and Minority Leaders of the Senate, and the chair of each standing committee of the Senate for postage, telephone tolls and other communication charges is $900; and be it further

     Resolved, That these amounts be certified by the President and the Secretary to the State Controller, who is authorized to draw warrants therefor on the Legislative Fund, and the State Treasurer is thereafter authorized to pay these warrants.

________

FILE NUMBER 4, SR 3

Senate Resolution No. 3–Committee on Legislative Operations and Elections

 

FILE NUMBER 4

 

Senate RESOLUTION—Providing for the appointment of the Senate session staff.

 

     Resolved by the Senate of the State of Nevada, That the following persons are elected as senate staff of the Senate for the 76th Session of the Legislature of the State of Nevada: Sherry L. Rodriguez, Ann-Berit Moyle, Janet Coons, Mary R. Phillips, Molly Dondero, Susan S. Whitford, Lydia J. Lee, Shannon Chambers, Ruth B. Pierini, Kenneth C. Evans, Jerry Pieretti, John Gould, Becky Harris, Timothy Taycher, Shelle Grim-Brooks, Ardyss Canon, Paula M. Saponaro, Julie Mogensen, Tim Hogan, Jeanne Baret, Sheri Carlsen, Juliet W. Newman, Delia John, Bonnie Hoffecker, Ricka Benum, Mollie Miller, Terri Miller, Maureen Brower, Laura Adler, Judi Anker-Nissen, Michael Archer, Frank Baird, Martha Barnes, Wade Beavers, Stella Blood, Katie Bowen, Billie Brinkman, Debra Carmichael, Jackie Cheney, Cindy Clampitt, Cynthia Cook, Patricia Devereux, Suzanne Efford, Michelle A. Ené, Sonia Folsom, Vicki J. Folster, Susan Gaither, Denise Geissinger, Mike Geissinger, Linda Gentry, John Griffin, Lynn Hendricks, Gail Herstead, Linda Hiller, Joyce Hollister, Barbara Honey, Sandra Hudgens, Judy C. Jackson, Betty Kaminski, Shauna Kirk, Sherry Loncar, Maudie Long, Roberta McCollum, Billie McMenamy, Janet Meredith, Arzella Moots, Barbara Moss, Patricia O’Flinn, Madison Piazza, Gena Plummer, Jodene Poley, Annette Ramirez, Gayle Rankin, Emily Rhodenbaugh, Stephanie Robbins, Cynthia Ross, Marion Sandoval, Leslie Sexton, Sandy Small, Jerry Stacy, Kathleen Swain, Judith Toscano, Lela Uptergrove, Norman Wessel, April West-Kieckhefer, Mike Wiley and Marian Williams.

 


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ê2011 Statutes of Nevada, Page 3791 (File Number 4, SR 3)ê

 

Janet Meredith, Arzella Moots, Barbara Moss, Patricia O’Flinn, Madison Piazza, Gena Plummer, Jodene Poley, Annette Ramirez, Gayle Rankin, Emily Rhodenbaugh, Stephanie Robbins, Cynthia Ross, Marion Sandoval, Leslie Sexton, Sandy Small, Jerry Stacy, Kathleen Swain, Judith Toscano, Lela Uptergrove, Norman Wessel, April West-Kieckhefer, Mike Wiley and Marian Williams.

________

FILE NUMBER 5, ACR 2

Assembly Concurrent Resolution No. 2–Assemblyman Oceguera

 

Joint Sponsor: Senator Horsford

 

FILE NUMBER 5

 

Assembly Concurrent RESOLUTION—Providing for the voluntary transfer of a portion of Legislators’ salaries to the State General Fund.

 

     Whereas, The State of Nevada faced a staggering budgetary deficit for the 2009-2011 biennium as a result of the impact of a prolonged national recession on Nevada’s economy; and

     Whereas, To meet its constitutional duty to balance the State’s budget for this biennium, the 75th Regular Session of the Nevada Legislature was required to make difficult decisions, including, without limitation, making significant cuts to the State’s budget and imposing furlough requirements on state employees which amounted to a 4.6 percent reduction in salaries; and

     Whereas, Despite the financial burden of the salary reduction, public employees of this State have continued to perform their duties with diligence, dedication and professionalism; and

     Whereas, The Nevada Constitution prohibits the increase or decrease of the salaries of state officers during their terms of office; and

     Whereas, In recognition of the financial sacrifice of our State’s public workforce during this biennium, the members of the 76th Regular Session of the Nevada Legislature pledge to voluntarily take a comparable 4.6 percent reduction in their salaries for the session; now, therefore, be it

     Resolved by the Assembly of the State of Nevada, the Senate Concurring, That the Legislature hereby directs the Accounting Unit of the Legislative Counsel Bureau to withhold 4.6 percent of each Legislator’s salary for the 76th Regular Session of the Nevada Legislature; and be it further

     Resolved, That the Accounting Unit of the Legislative Counsel Bureau shall pay the total amount of such withholdings to the State Treasurer for credit to the unrestricted balance of the State General Fund; and be it further

     Resolved, That the Accounting Unit of the Legislative Counsel Bureau shall not reduce the salary of any Legislator who did not vote in favor of passage of this resolution and who notifies the Director of the Legislative Counsel Bureau that the Legislator does not wish to have the withholding made from his or her salary.

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ê2011 Statutes of Nevada, Page 3792ê

 

FILE NUMBER 6, AR 1

Assembly Resolution No. 1–Committee on Legislative Operations and Elections

 

FILE NUMBER 6

 

Assembly RESOLUTION—Adopting the Standing Rules of the Assembly for the 76th Session of the Legislature.

 

     Resolved by the Assembly of the State of Nevada, That the Assembly Standing Rules are hereby adopted for the 76th Session of the Legislature as follows:

 

I.  OFFICERS AND EMPLOYEES

 

Duties of Officers

 

Rule No. 1.  Speaker of the Assembly.

     1.  All officers of the Assembly are subordinate to the Speaker in all that relates to the prompt, efficient and correct discharge of their official duties under the 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 stands adjourned, 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) Have the power to accredit the persons who act as representatives of the news media and assign them seats.

     (f) Sign all bills and resolutions passed by the Legislature as provided by law.

     (g) Sign all subpoenas issued by the Assembly.

     (h) Receive all messages and communications from other departments of the government and announce them to the Assembly.

     (i) Represent the Assembly, declare its will and in all things obey its commands.

     (j) 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.

 


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ê2011 Statutes of Nevada, Page 3793 (File Number 6, AR 1)ê

 

Rule No. 2.  Reserved.

 

Rule No. 3.  Chief Clerk.

     1.  The Chief Clerk is elected by the Assembly and is responsible to the Speaker.

     2.  The Chief Clerk shall recruit, select, train and supervise all attaches employed to assist with the work of the Assembly.

     3.  The Chief Clerk shall administer the daily business of the Assembly.

     4.  The Chief Clerk shall adopt such administrative policies as the Chief Clerk deems necessary to carry out the business of the Assembly.

 

Rule No. 4.  Reserved.

 

Rule No. 5.  Reserved.

 

Rule No. 6.  Reserved.

 

The next rule is 10.

 

II.  SESSIONS AND MEETINGS

 

Rule No. 10.  Time of Meeting.

     The Assembly shall meet each day at 11 a.m., unless the Assembly adjourns to some other hour.

 

Rule No. 11.  Open Meetings.

     All meetings of the Assembly and its committees must be open to the public.

 

Rule No. 12.  Reserved.

 

The next rule is 20.

 

III.  DECORUM AND DEBATE

 

Rule No. 20.  Points of Order.

     If any member, in speaking or otherwise, transgresses the rules of the Assembly, the Speaker shall, or any member may, call to order, in which case the member so called to order shall immediately sit down, unless permitted to explain; and if called to order by a member, such member shall immediately state the point of order. If the point of order be sustained by the presiding officer, the member shall not be allowed to proceed; but if it be not sustained, then the member shall be permitted to go on. Every such decision from the presiding officer shall be subject to an appeal to the House; but no discussion of the question of order shall be allowed unless an appeal be taken from the decision of the presiding officer.

 

Rule No. 21.  Portable Electronic Communication Devices.

     1.  A person who is within the Assembly Chambers shall not engage in a telephone conversation via the use of a portable telephone.

 


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ê2011 Statutes of Nevada, Page 3794 (File Number 6, AR 1)ê

 

     2.  Before entering the Assembly Chambers, any person who possesses a portable electronic communication device, such as a pager or telephone, that emits an audible alert, such as a ringing or beeping sound, to signal an incoming message or call, shall turn the audible alert off. A device that contains a nonaudible alert, such as a silent vibration, may be operated in a nonaudible manner within the Assembly Chambers.

 

Rule No. 22.  Reserved.

 

Rule No. 23.  Select Committee on Ethics; Legislative Ethics.

     1.  The Select Committee on Ethics consists of:

     (a) Two members of the Assembly appointed by the Speaker from the majority political party;

     (b) One member of the Assembly appointed by the Minority Leader from the minority political party; and

     (c) Three qualified electors of the State, two of whom are appointed by the Speaker and one who is appointed by the Minority Leader, and none of whom is a present member of the Legislature or employed by the State of Nevada.

     2.  The Speaker shall appoint the Chair and Vice Chair of the Committee. The Vice Chair shall serve as the acting Chair if the Chair is unable to serve for any reason during the consideration of a specific question.

     3.  The Speaker shall appoint an alternate member with the qualifications set forth in paragraph (a) of subsection 1 and an alternate member with the qualifications set forth in paragraph (c) of subsection 1. The Minority Leader shall appoint an alternate member with the qualifications set forth in paragraph (b) of subsection 1 and an alternate member with the qualifications set forth in paragraph (c) of subsection 1. If a member of the Committee is unable to serve for any reason during the consideration of a specific question, the alternate appointed with the qualifications from the same paragraph in subsection 1 shall serve as a member of the Committee during the consideration of the specific question.

     4.  A member of the Committee is disqualified to serve during the consideration of a specific question if:

     (a) The member is the requester of advice concerning the question of ethics or conflict of interest, or the member is the subject of the complaint concerning the specific question; or

     (b) A reasonable person in the member’s situation could not exercise independent judgment on the matter in question.

     5.  The Committee:

     (a) May hear requests brought by members of the Assembly for advice on specific questions of potential breaches of ethics and conflicts of interest; and

     (b) Shall hear complaints brought by members of the Assembly and others on specific questions of alleged breaches of ethics and conflicts of interest.

     6.  All proceedings held to consider the character, alleged misconduct, professional competence or physical or mental health of any person by the Committee on matters of ethics or conflicts of interest are confidential unless a Legislator:

 


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ê2011 Statutes of Nevada, Page 3795 (File Number 6, AR 1)ê

 

     (a) Against whom a complaint is brought requests a public hearing;

     (b) Discloses the content of an opinion of the Committee at any time after his or her hearing; or

     (c) Discloses the content of an advisory opinion issued to him or her by the Committee.

     7.  A complaint which alleges a breach of ethics or a conflict of interest must be:

     (a) Made in writing on a form provided by the Chief Clerk of the Assembly;

     (b) Signed and verified under penalty of perjury by the person making the allegation; and

     (c) Filed with the Chair of the Committee or, if the Chair is the subject of the complaint, with the Vice Chair. The Chair or Vice Chair, as appropriate, shall send a copy of the complaint, within 24 hours after receiving it, to the Legislator against whom the complaint is brought.

     8.  In determining whether a Legislator has a conflict of interest, the Legislator should consider whether the independence of judgment of a reasonable person in his or her situation upon the matter in question would be materially affected by the Legislator’s:

     (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.

Ê In interpreting and applying the provisions of this subsection, it must be presumed that the independence of judgment of a reasonable person in the Legislator’s situation would not be materially affected by the Legislator’s private economic interest or the Legislator’s 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.

     9.  Except as otherwise provided in subsection 10, if a Legislator knows he or she has a conflict of interest pursuant to subsection 8, 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 Assembly, as applicable. Such a disclosure must be entered:

     (a) If the Legislator makes the disclosure in a meeting of a committee, in the minutes for that meeting.

     (b) If the Legislator makes the disclosure on the floor of the Assembly, in the Journal.

     10.  If, on one or more prior occasions during the current session of the Legislature, a Legislator has made a general disclosure of a conflict of interest on the record in a meeting of a committee or on the floor of the Assembly, the Legislator is not required to make that general disclosure at length again regarding the same conflict of interest if, when the matter in question arises on subsequent occasions, the Legislator makes a reference on the record to the previous disclosure.

     11.  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 8, the Legislator should consider whether:

 


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ê2011 Statutes of Nevada, Page 3796 (File Number 6, AR 1)ê

 

     (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.

     12.  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.

     13.  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.

     14.  Except as otherwise provided in the Joint Standing Rules, the standards and procedures set forth in this Rule which govern whether and to what extent a member of the Assembly has a conflict of interest, should disclose a conflict of interest or should abstain from voting upon, advocating or opposing a matter concerning which the member has a conflict of interest pursuant to subsection 8:

     (a) Are exclusive and are the only standards and procedures that apply to members of the Assembly with regard to such matters; and

     (b) Supersede and preempt all other standards and procedures with regard to such matters.

     15.  For purposes of this Rule, “immediate family” means a person who is related to the Legislator by blood, adoption or marriage within the first degree of consanguinity or affinity.

 

The next rule is 30.

 

IV.  QUORUM, VOTING, ELECTIONS

 

Rule No. 30.  Manner of Voting.

     1.  The presiding officer shall declare all votes, but the yeas and nays must be taken when called for by three members present, and the names of those calling for the yeas and nays must be entered in the Journal by the Chief Clerk.

     2.  The presiding officer shall call for yeas and nays by a division or by a roll call, either electronic or oral.

     3.  When taking the yeas and nays on any question, the electronic roll call system may be used, and when so used shall have the force and effect of any roll call under these rules.

     4.  When taking the yeas and nays by oral roll call, the Chief Clerk shall take the names of members alphabetically, except that the 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:

 


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ê2011 Statutes of Nevada, Page 3797 (File Number 6, AR 1)ê

 

     (a) Has been certified by the Committee on Legislative Operations and Elections or a special committee of the Assembly; and

     (b) Is physically present within the Assembly Chambers,

Ê may cast a vote in the Assembly.

     8.  A member shall not vote for another member on any roll call, either electronic or oral. Any member who votes for another member may be punished in any manner deemed appropriate by the Assembly.

 

Rule No. 31.  Requirement of Voting.

     1.  A member shall vote on all questions that come before the body unless the member:

     (a) Is excused; or

     (b) Makes a full and complete disclosure of a conflict pursuant to Assembly Standing Rule No. 23.

     2.  A member found guilty by the House of a breach of this Rule shall not vote or speak on the floor, except to explain and apologize for the breach, until the member has made satisfaction to the House for the breach.

 

Rule No. 32.  Announcement of the Vote.

     1.  A member may change his or her vote at any time before the announcement of the vote if the voting is by voice, or at any time before the votes are electronically recorded if the voting is conducted electronically.

     2.  The announcement of the result of any vote shall not be postponed.

 

Rule No. 33.  Voting by Division.

     Upon a division and count of the Assembly on any question, no person without the bar shall be counted.

 

The next rule is 40.

 

V.  LEGISLATIVE BODIES

 

A.  Committees

 

Rule No. 40.  Standing Committees.

     The standing committees of the Assembly are as follows:

     1.  Ways and Means, fifteen members.

     2.  Judiciary, fourteen members.

     3.  Taxation, thirteen members.

     4.  Education, fourteen members.

     5.  Legislative Operations and Elections, fifteen members.

     6.  Natural Resources, Agriculture, and Mining, thirteen members.

     7.  Transportation, fourteen members.

     8.  Commerce and Labor, sixteen members.

     9.  Health and Human Services, fourteen members.

     10.  Government Affairs, thirteen members.

 


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ê2011 Statutes of Nevada, Page 3798 (File Number 6, AR 1)ê

 

Rule No. 41.  Appointment of Committees.

     1.  Except as otherwise provided in Assembly Standing Rule No. 23, all committees must be appointed by the Speaker, unless otherwise directed by the Assembly. The Speaker shall designate the chair and vice chair of each committee.

     2.  To facilitate the full participation of the members during an adjournment called pursuant to Joint Standing Rule No. 9 of the Senate and Assembly, the Speaker may temporarily appoint a member to a standing committee that is scheduled to meet during the adjournment if none of the committees to which the member is regularly assigned will be meeting during the adjournment.

     3.  All committees will operate under the rules set forth herein and other uniform committee rules as determined by the Speaker and published on the Nevada Legislature’s website. Each standing committee may adopt and file with the Chief Clerk’s Office policies consistent with these rules.

 

Rule No. 42.  Subcommittees.

     1.  Subcommittees made up of committee members may be appointed by the chair to consider and report back on specific subjects or bills.

     2.  Subcommittee meetings will be scheduled by the subcommittee chair after consulting with the committee chair.

     3.  Members of a subcommittee are required to attend meetings of the subcommittee.

     4.  Subcommittees of standing committees shall follow the same rules as standing committees.

 

Rule No. 43.  Concurrent Referrals.

     When a bill or resolution is referred to two committees, the bill or resolution must go to the first committee named. If the first committee votes to amend the bill or resolution, it must be reprinted with amendments and then returned to the first committee or sent immediately to the next committee. If there is no amendment proposed by the first committee, or if the first committee acts upon the bill or resolution after amendment, the bill or resolution must be sent with the committee recommendation to the Chief Clerk for transmittal to the second committee.

 

Rule No. 44.  Committee on Legislative Operations and Elections.

     The Committee on Legislative Operations and Elections has jurisdiction over matters relating to personnel. It shall recommend by resolution the appointment of all attaches and employees of the Assembly not otherwise provided for by law. It shall function as the Committee on Rules and as the Committee on Credentials of the Assembly.

 

Rule No. 45.  Committee of the Whole.

     If a Committee of the Whole is convened:

     1.  The Speaker shall preside as Chair of the Committee or name a Chair to preside.

     2.  A member of the Committee may speak not more than twice during the consideration of any one question, on the same day, and at the same stage of proceedings, without leave. Members who have once spoken shall not again be entitled to the floor (except for explanation) to the exclusion of others who have not spoken.

 


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ê2011 Statutes of Nevada, Page 3799 (File Number 6, AR 1)ê

 

     3.  The Chair may require any vote of the Committee to be recorded in the manner designated by the Chair.

     4.  All amendments proposed by the Committee:

     (a) Must first be approved by the Committee.

     (b) Must be reported by the Chair to the Assembly.

 

B.  Election Contests

 

Rule No. 46.  Procedure for Election Contests.

     1.  Upon receipt of a statement of contest from the Secretary of State pursuant to NRS 293.427, the Speaker shall, as soon as practicable, appoint a special committee to hear the contest or refer the contest to the Standing Committee on Legislative Operations and Elections. The committee shall conduct a hearing to consider the contest. The committee shall keep written minutes of the hearing. The contestant has the burden of proving that any irregularities shown were of such a nature as to establish that the result of the election was changed thereby.

     2.  The contest must be submitted so far as may be possible upon depositions or by written or oral arguments as the Assembly may order. Any party to a contest may take the deposition of any witness at any time after the statement of contest is filed with the Secretary of State and before the contest is finally decided. At least 3 days’ notice must be given to the prospective deponent and to the other party. If oral statements are made at any hearing before the Assembly or a committee thereof which purport to establish matters of fact, they must be made under oath. Strict rules of evidence do not apply.

     3.  The committee shall, not later than 5 calendar days after the contest was referred to the committee, report to the Assembly its findings on whether the contestant has met the burden of proving that any irregularities shown were of such a nature as to establish that the result of the election was changed thereby. The committee shall then report to the Assembly its recommendation on which person should be declared elected or report that it has no recommendation. The Assembly shall, as soon as practicable thereafter but not later than 7 calendar days after the Speaker received the statement of contest, vote whether to accept or reject the committee’s recommendation without amendment, if a recommendation is made. If the recommendation is accepted, the Speaker shall declare the recommended person elected. If the recommendation is rejected or the committee did not make a recommendation, the Assembly shall consider immediately which person should be declared elected. The Speaker shall not adjourn the Assembly until it has declared a person to be elected.

     4.  If a person other than the person initially seated as a member of the Assembly pursuant to subsection 2 of NRS 293.427 is declared to be elected by the Assembly as a result of the contest, the Speaker shall inform the Governor of the identity of the person declared to be elected by the Assembly.

 


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ê2011 Statutes of Nevada, Page 3800 (File Number 6, AR 1)ê

 

C.  Duties of Committee Officers, Committee Members and Committee Staff

 

Rule No. 47.  Committee Chairs.

     1.  The chair has all authority necessary to ensure an efficient operation of the committee or subcommittee.

     2.  The chair shall have general direction of the committee room or other meeting place of the committee, and in case of any disturbance or disorderly conduct therein, or if the peace, good order, and proper conduct of the legislative business is hindered by any person or persons, the chair shall have power to exclude from the session any individual or individuals so hindering the legislative business.

     3.  Possessing the powers and performing the duties described in this Rule, each committee chair shall:

     (a) Preside over committee meetings and put all questions before the committee;

     (b) Preserve order and decorum and decide all questions of order;

     (c) Determine the order of bills for hearing;

     (d) Prepare and distribute the committee’s agenda;

     (e) Call recesses of the committee as deemed necessary;

     (f) Request amendments to resolve conflicts;

     (g) Determine when final action is to be taken on measures, committee reports and other business of the committee;

     (h) Sign and submit bill draft requests on behalf of the committee;

     (i) Appoint subcommittees, as necessary;

     (j) Provide direction to committee support staff;

     (k) Prepare and submit committee reports;

     (l) Review and approve minutes of the committee;

     (m) Handle unfinished business for measures heard in the committee;

     (n) Inform the Speaker of committee activity; and

     (o) Maintain custody of all papers referred to the committee until they are turned over to the Chief Clerk.

     4.  In the absence of the chair, or upon the request of the chair, the vice chair of the committee shall assume the duties of the chair.

     5.  The chair may name any member of the committee to perform the duties of the chair if such substitution shall not extend beyond such meeting.

 

Rule No. 48.  Attendance.

     1.  Members shall notify the chair of any absence. Excused absences will be so recorded at the direction of the chair.

     2.  A member shall advise the chair if he or she must leave a meeting for an extended period of time.

     3.  Members not in attendance when a final action is taken on a measure will be marked absent for the vote.

 

Rule No. 49.  Committee Staff.

     Duties of committee attachés shall be prescribed by the Chief Clerk and include, but are not limited to, the following:

     1.  The committee secretary shall call roll of the members at each meeting, with the chair being called last. The committee secretary shall record in the minutes the members present and the members not present.

 


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ê2011 Statutes of Nevada, Page 3801 (File Number 6, AR 1)ê

 

     2.  The committee secretary shall record the meeting and draft committee minutes for the chair’s approval.

     3.  On behalf of the chair, the committee secretary shall maintain all minutes and exhibits of the committee’s meetings until released to the custody of the Chief Clerk.

     4.  The committee manager assigned to each committee shall be responsible to the chair of the committee for the proper and accurate preparation of all reports of the committee.

 

Rule No. 50.  Committee Operations.

     1.  Each committee of the House shall be provided a committee manager who shall maintain a current record of all bills, resolutions, petitions, memorials or other matters filed in committee. A record of committee actions shall be filed with the Chief Clerk. The committee manager shall post, on a bulletin board and electronically, all meeting agendas.

     2.  The standing committees of the Assembly may coordinate with the standing committees of the Senate to meet as joint committees whenever agreed to by said committees for the purpose of holding public hearings or considering any proposed or pending legislation. Upon conclusion of the joint meeting of said committees, each standing committee of the Assembly may take such action as it determines appropriate. Whenever the committees of the Assembly and Senate hold joint hearings or meetings, the chair of the Assembly committee shall coordinate with the chair of the Senate committee to determine which of them shall preside at the joint meeting.

 

Rule No. 51.  Committee Records.

     1.  The chair of each committee shall have custody of all bills, papers and other documents referred to the committee and shall make reports authorized by the committee and submit the same to the Chief Clerk.

     2.  The chair of each committee shall keep, or cause to be kept, a complete record of the committee proceedings in which there must be entered:

     (a) The time and place of each meeting;

     (b) The attendance and absence of members;

     (c) The names of all persons appearing before the committee, with the names of persons, firms, corporations or associations in whose behalf such appearance is made; and

     (d) The subjects or measures considered and action taken.

     3.  A person may obtain a recording of a meeting by paying a fee determined by the Director of the Legislative Counsel Bureau to cover the cost of the recording but the official record of the meeting is the minutes of the committee meeting approved by the chair pursuant to paragraph (1) of subsection 3 of Assembly Standing Rule No. 47.

 

Rule No. 52.  Final Disposition of Committee Minutes and Exhibits.

     Upon their completion, the Chief Clerk shall turn over all original minutes and exhibits to the Research Library of the Legislative Counsel Bureau.

 


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ê2011 Statutes of Nevada, Page 3802 (File Number 6, AR 1)ê

 

D.  Committee Hearings

 

Rule No. 53.  Communications.

     1.  Out of respect for the privacy of committee members and staff, members are requested to hold conversations with lobbyists and members of the public at a location other than at the dais.

     2.  Lobbyists, the press, and members of the public are not allowed at the dais.

     3.  All directions, assignments, or requests on behalf of the committee must be communicated to its staff and to the personnel of the Legislative Counsel Bureau by the chair of the committee. A member of the committee must submit such requests to the chair for transmittal to the staff of the committee or to the personnel of the Legislative Counsel Bureau.

     4.  The chair may report instances of misconduct or indecorum by any committee member or other person to the Assembly for its consideration and action.

 

Rule No. 54.  Testimony, Witnesses and Exhibits.

     1.  All persons wishing to offer testimony to a committee shall be given a reasonable opportunity to do so as determined by the chair.

     2.  Persons addressing the committee shall keep their remarks to the point and avoid repetition and are subject to call to order by the chair for failure to do so.

     3.  A person shall not be excluded from a meeting or public hearing of a committee or subcommittee except in case of any disturbance or disorderly conduct, or if the peace, good order, and proper conduct of the legislative business is hindered by the person or persons.

     4.  Questions from the committee will be restricted to relevant subject areas.

     5.  When the chair deems necessary, witnesses will be sworn in pursuant to Nevada Revised Statutes 218E.040 before providing testimony.

     6.  Unless waived or revised by the chair, handouts for hearings, including proposed amendments:

     (a) Must be submitted to the committee’s manager not later than 5 p.m. on the business day before the meeting unless an earlier submission date or time is set by the chair, and included on the agenda;

     (b) Must include the name and contact information of the person providing the handouts;

     (c) For proposed amendments, must include a brief statement of intent; and

     (d) Must be submitted by electronic mail or other electronic means.

 

Rule No. 55. Hearings.

     1.  The presence of a quorum of the committee is desirable but not required to conduct a public hearing. At the discretion of the chair, members of the committee may attend, participate in and, if applicable, vote during the hearing via simultaneous telephone or video conference.

     2.  Public hearings are opened by the chair who announces the subject under consideration and provides an opportunity for persons wishing to address the committee to be heard. These persons shall rise in an order determined by the chair, address the chair and furnish their names, addresses and firms or other organizations represented.

 


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ê2011 Statutes of Nevada, Page 3803 (File Number 6, AR 1)ê

 

     3.  Committee members may address the chair for permission to question the witness.

     4.  A committee meeting shall adjourn no later than 10 minutes preceding the hour of its next regularly scheduled meeting.

     5.  At the discretion of the chair, meeting may be held outside the regularly scheduled day(s) and time.

     6.  Meetings of the committee may be scheduled outside the Legislative Building in Carson City with prior written approval of the Speaker. Subcommittees must have the prior written approval of the chair of the committee and the Speaker in to order to conduct a meeting outside Carson City.

 

E.  Voting and Committee Action

 

Rule No. 56.  Manner of Voting.

     1.  The chair shall declare all votes and shall cause same to be entered on the records of the committee.

     2.  A member shall not vote for another member on any roll call. Any member who votes for another member may be punished in any manner deemed appropriate by the Assembly.

 

Rule No. 57.  Committee Action.

     1.  The committee shall have regular meetings scheduled by the Assembly leadership. A quorum of the committee is a majority of its members and may transact business except as limited by this Rule.

     2.  Except as limited by this Rule, a simple majority of those present may move, second and pass a motion by voice vote.

     3.  All motions require a second. If no second is received, that motion shall be declared invalid.

     4.  Definite action on a bill or resolution will require a majority of the entire committee. A member shall vote on all questions that come before the committee unless the member:

     (a) Is excused; or

     (b) Makes a full and complete disclosure of a conflict pursuant to Assembly Standing Rule No. 23.

     5.  A majority of the entire committee is required to reconsider action on a bill or resolution.

     6.  Committee introduction of legislative measures which are not prefiled requires concurrence of a majority of the entire committee and does not imply commitment to support final passage.

     7.  The chair must be present when the committee votes to take any final action regarding bills or resolutions.

     8.  No member of the committee may vote by proxy under any circumstances.

     9.  A committee shall not take a vote on the question of whether to exercise its statutory authority to issue a legislative subpoena unless the chair has informed the Speaker of the intention of the committee to consider such a question.

     10.  Every committee vote on a matter pertaining to a bill or resolution must be recorded. The vote may be taken by roll call at the discretion of the chair.

 


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ê2011 Statutes of Nevada, Page 3804 (File Number 6, AR 1)ê

 

     11.  A member may change his or her vote at any time before the announcement of the vote if the voting is by voice. The announcement of the result of any vote shall not be postponed.

     12.  Unless a committee member advises the chair otherwise, it will be presumed that the member will vote on an amendment or on a measure, during a floor session, consistent with his or her vote in the committee.

     13.  A bill, resolution, or amendment in a committee having been rejected twice may not be brought up again during the same legislative session.

     14.  The minority of a committee may not make a report or present to the House an alternative report.

 

F.  Parliamentary Authority

 

Rule No. 58.  Precedence of Parliamentary Authority for Committees.

     The precedence of parliamentary authority for the purpose of actions in a committee is set forth in Assembly Standing Rule No. 100.

 

G.  Decorum and Debate in Committees

 

Rule No. 59.  Portable Electronic Communication Devices.

     1.  A person who is within an Assembly committee room shall not engage in a telephone conversation via the use of a portable telephone.

     2.  No person shall engage in any conduct during a committee meeting which undermines the decorum of the meeting. Before entering an Assembly committee room, any person who possesses a portable electronic communication device, such as a pager or telephone, that emits an audible alert, such as a ringing or beeping sound, to signal an incoming message or call, shall turn the audible alert off. A device that contains a nonaudible alert, such as a silent vibration, may be operated in a nonaudible manner within an Assembly committee room. Failure to follow a warning issued by the chair may result in the device(s) being confiscated upon direction of the chair for the remainder of the meeting.

 

Rule No. 60.  Reserved.

 

Rule No. 61.  Privilege of Closing Debate.

     The author of a bill, a resolution or a main question shall have the privilege of closing the debate, unless the previous question has been sustained.

 

Rule No. 62.  Points of Order.

     If any member, in speaking or otherwise, transgresses the rules of the Assembly, the chair shall, or any member may, call to order, in which case the member so called to order shall immediately yield to the floor, unless permitted to explain; and if called to order by a member, such member shall immediately state the point of order. If the point of order be sustained by the presiding officer, the member shall not be allowed to proceed; but if it be not sustained, then the member shall be permitted to go on. Every such decision from the presiding officer shall be subject to an appeal to the committee; but no discussion of the question of order shall be allowed unless an appeal be taken from the decision of the presiding officer.

 


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ê2011 Statutes of Nevada, Page 3805 (File Number 6, AR 1)ê

 

Rule No. 63.  Reserved.

 

VI.  RULES GOVERNING MOTIONS

 

Rule No. 64.  Entertaining.

     No motion may be debated until it is distinctly announced by the presiding officer. The presiding officer, upon his or her own motion or at the request of a member, may direct that the motion be reduced to writing and be read by the Chief Clerk before the motion is debated. A motion may be withdrawn by the maker at any time before amendment or before the motion is put to vote.

 

Particular Motions

 

Rule No. 65.  Indefinite Postponement.

     When a question is postponed indefinitely, the same question must not be considered again during the session and the question is not subject to a motion for reconsideration.

 

Rule No. 66.  To Strike Enacting Clause.

     A motion to strike out the enacting clause of a bill or resolution does not take precedence over any other subsidiary motion. If the motion is carried, it shall be considered equivalent to the rejection of such bill or resolution.

 

Rule No. 67.  Division of Question.

     Any member may call for a division of the question, which shall be divided, if it comprehends propositions in substance so distinct that, one being taken away, a substantive proposition shall remain for the decision of the Assembly. A motion to strike out being lost shall preclude neither amendment nor a motion to strike out and insert. A motion to strike out and insert shall be deemed indivisible.

 

Rule No. 68.  To Reconsider—Precedence of.

     1.  A motion to reconsider shall have precedence over every other motion, including a motion to adjourn, if the motion is to reconsider a final vote on a bill or resolution. A motion to reconsider a final vote on a bill or resolution shall be in order only on the day on which the final vote is taken and the vote on such a motion to reconsider must be taken on the same day.

     2.  If the motion to reconsider is for any other action, the motion has precedence over every other motion, except a motion to adjourn or to fix the time to which to adjourn; and when the Assembly adjourns, while a motion to reconsider is pending, the right to move a reconsideration shall continue to the next day of sitting.

 

The next rule is 80.

 


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ê2011 Statutes of Nevada, Page 3806 (File Number 6, AR 1)ê

 

VII.  DEBATE

 

Rule No. 80.  Speaking on Question.

     1.  No member shall speak more than twice during the consideration of any one question, on the same day, and at the same stage of proceedings, without leave. Members who have once spoken shall not again be entitled to the floor (except for explanation) to the exclusion of others who have not spoken.

     2.  When a member speaks under Order of Business 11, 12, 13 or 14 of Assembly Standing Rule No. 120, the member must limit his or her remarks to an explanation of the issue or an explanation of the bill, resolution or amendment. If the member desires to speak on the importance of such issue, bill, resolution or amendment, the member must request permission to speak under Order of Business 15 of Assembly Standing Rule No. 120.

 

Rule No. 81.  Previous Question.

     The previous question shall be put only when demanded by three members. The previous question shall not be moved by the member last speaking on the question.

 

Rule No. 82.  Privilege of Closing Debate.

     The author of a bill, a resolution or a main question shall have the privilege of closing the debate, unless the previous question has been sustained.

 

The next rule is 91.

 

VIII.  CONDUCT OF BUSINESS

 

A.  Rules and Procedure

 

Rule No. 91.  Rescission, Change or Suspension of Rule.

     No standing rule or order of the Assembly shall be rescinded or changed without a vote of a majority of the members elected; but a rule or order may be suspended temporarily by a vote of a majority of the members present.

 

Rule No. 92.  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 majority vote of a committee.

 


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ê2011 Statutes of Nevada, Page 3807 (File Number 6, AR 1)ê

 

     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 Assemblywomen, and state officers, may be admitted at the bar of the Assembly, except by special invitation on the part of some member; but a majority may authorize the Speaker to have the Assembly cleared of all such persons. No person may do any lobbying upon the floor of the Assembly at any time, and it is the duty of the Sergeant at Arms to remove any person violating any of the provisions of this Rule.

 

Rule No. 95.  Material Placed on Legislators’ Desks.

     All papers, letters, notes, pamphlets and other written material placed upon the desk of a member of the Assembly shall contain the signature of the Legislator requesting the placement of such material on the desk or shall contain a designation of the origin of such material. This Rule does not apply to Legislative Counsel Bureau material.

 

Rule No. 96.  Peddling, Begging and Soliciting.

     1.  Peddling, begging and soliciting are strictly forbidden in the Assembly Chambers, and in the lobby, gallery and halls adjacent thereto.

     2.  No part of the Assembly Chambers may be used for, or occupied by signs or other devices for any kind of advertising.

     3.  No part of the hallways adjacent to the Assembly Chambers may be used for or occupied by signs or other devices for any kind of advertising for commercial or personal gain. Notices for nonprofit, nonpartisan, civic or special legislative events may be posted in a designated area of the hallways adjacent to the Assembly Chambers with the approval of the Chief Clerk.

 

Rule No. 97.  Petitions and Other Papers.

     Petitions and other papers addressed to the Assembly, shall be presented by the Speaker, or by a member in the Speaker’s place. A brief statement of the contents thereof shall be read for information. They shall not be debated on the day of their being presented, but shall be on the table, or be referred, as the Assembly shall determine.

 

Rule No. 98.  Request of Purpose.

     A member may request the purpose of a bill or joint resolution upon its introduction.

 

Rule No. 99.  Remarks.

     It shall be in order for members to make remarks and, subject to the approval of the majority of the members present, request that such remarks be entered in the Journal.

 


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ê2011 Statutes of Nevada, Page 3808 (File Number 6, AR 1)ê

 

Rule No. 100.  Precedence of Parliamentary Authority.

     The precedence of parliamentary authority in the Assembly is:

     1.  The Constitution of the State of Nevada and judicial decisions thereon.

     2.  The Standing Rules of the Assembly and the Joint Standing Rules of the Senate and Assembly.

     3.  Custom, usage and precedence.

     4.  The Statutes of the State of Nevada.

     5.  Mason’s Manual of Legislative Procedure.

 

Rule No. 101.  Reserved.

 

Rule No. 102.  Privileged Questions.

     Privileged questions have precedence over all others in the following order:

     1.  Motions to fix the time to which the Assembly shall adjourn.

     2.  Motions to adjourn.

     3.  Questions relating to the rights and privileges of the Assembly or any of its members.

     4.  A call of the House.

     5.  Motions for special orders.

 

Rule No. 103.  Reserved.

 

B.  Bills

 

Rule No. 104.  Reserved.

 

Rule No. 105.  Reserved.

 

Rule No. 106.  Skeleton Bills.

     The introduction of skeleton bills is authorized when, in the opinion of the sponsor and the Legislative Counsel, the full drafting of the bill would entail extensive research or be of considerable length. A skeleton bill will be provided for purposes of introduction and committee referral. Such a bill will be a presentation of ideas or statements of purpose, sufficient in style and expression to enable the Legislature and the committee to which the bill may be referred to consider the substantive merits of the legislation proposed.

 

Rule No. 107.  Reserved.

 

Rule No. 108.  Reserved.

 

Rule No. 109.  Reading of Bills.

     The first reading of a bill or joint resolution shall be for information. If there is objection, the question shall be, “Shall the bill be rejected?” If the question to reject fails to receive a majority vote by the members present, or if there is no objection, the bill shall take the proper course. If the question to reject receives a majority vote of the members present, the bill or joint resolution shall be rejected. The same question must not be considered again during the session, and the question is not subject to a motion for reconsideration.

 


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ê2011 Statutes of Nevada, Page 3809 (File Number 6, AR 1)ê

 

reconsideration. No bill shall be referred to a committee until after the first reading, nor amended until after the second reading.

 

Rule No. 110.  Second Reading and Amendment of Bills.

     1.  All bills must be read the second time on the first legislative day after which they are reported by committee, unless a different day is designated by motion. Upon second reading, Assembly bills reported without amendments shall be placed on the General File and Senate bills reported without amendments shall be placed on the General File. Committee amendments reported with bills shall be considered upon their second reading or third reading, as appropriate, and such amendments may be adopted by a majority vote of the members present. Any amendment which is numbered and made available to all members must be moved and voted upon by number. Assembly bills so amended must be reprinted, then engrossed or reengrossed, as applicable, and placed on the General File. Senate bills so amended must be reprinted, then engrossed or reengrossed, as applicable, and placed on the General File.

     2.  Any member may move to amend a bill during its second or third reading, and such a motion to amend may be adopted by a majority vote of the members present. Bills so amended on second reading must be treated the same as bills with committee amendments. Any bill so amended upon the General File must be reprinted and then engrossed or reengrossed, as applicable. A member who moves to amend a bill during its second reading must limit his or her remarks to an explanation of the amendment. If the member desires to speak on the importance of the amendment, the member must request permission to speak under Order of Business 15 of Rule No. 120.

     3.  The reprinting of amended bills may be dispensed with upon a majority vote of the members present.

 

Rule No. 111.  Consent Calendar.

     1.  A standing committee may by unanimous vote of the members present report a bill with the recommendation that it be placed on the Consent Calendar. The question of recommending a bill for the Consent Calendar may be voted upon in committee only after the bill has been recommended for passage and only if no amendment is recommended.

     2.  The Chief Clerk shall maintain a list of bills recommended for the Consent Calendar. The list must be printed in the Daily History and must include the summary of each bill, and the date the bill is scheduled for consideration on final passage.

     3.  At any time before the presiding officer calls for a vote on the passage of the Consent Calendar, a member may give written notice to the Chief Clerk or state orally from the floor of the Assembly in session that he or she requests the removal of a particular bill from the Consent Calendar. If a member so requests, the Chief Clerk shall remove the bill from the Consent Calendar and transfer it to the Second Reading File. A bill removed from the Consent Calendar may not be restored to that Calendar.

     4.  During floor consideration of the Consent Calendar, members may ask questions and offer explanations relating to the respective bills.

 


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ê2011 Statutes of Nevada, Page 3810 (File Number 6, AR 1)ê

 

     5.  When the Consent Calendar is brought to a vote, the bills remaining on the Consent Calendar must be read by number and summary and the vote must be taken on their final passage as a group.

 

Rule No. 112.  Reserved.

 

Rule No. 113.  General File.

     1.  All bills and joint resolutions reported to the Assembly, by the Committee of the Whole, a standing committee, a conference committee or a special committee, after receiving their second readings must be placed upon the General File, to be kept by the Chief Clerk. The Chief Clerk shall post a daily statement of the bills on the General File. The Chief Clerk shall likewise post notices of special orders as made.

     2.  A member who moves to amend a bill or joint resolution during its third reading must limit his or her remarks to an explanation of the amendment. If the member desires to speak on the importance of the amendment, the member must request permission to speak under Order of Business 15 of Assembly Standing Rule No. 120.

     3.  A member who speaks on third reading regarding the final passage of a bill, joint resolution or initiative petition must limit his or her remarks to an explanation of the bill, joint resolution or initiative petition. If the member desires to speak on the importance of the bill, joint resolution or initiative petition, the member must request permission to speak under Order of Business 15 of Assembly Standing Rule No. 120.

 

Rule No. 114.  Reserved.

 

Rule No. 115.  Reconsideration of Vote on Bill.

     A vote may be reconsidered on the day on which the final vote was taken by a member voting with the prevailing party. There may be no reconsideration of a vote on a motion to indefinitely postpone. Motions to reconsider a vote upon amendments to any pending question may be made at once.

 

Rule No. 116.  Vetoed Bills.

     1.  Bills that have passed both Houses of the Legislature and are transmitted to the Assembly accompanied by a message or statement of the Governor’s disapproval or veto of the same must:

     (a) Be taken up and considered immediately upon the coming in of the message transmitting the same; or

     (b) Become the subject of a special order.

     2.  When the message is received, or if made a special order, when the special order is called, the said message or statement must be read together with the bill or bills so disapproved or vetoed. The message and bill must be read by the Chief Clerk without interruption, consecutively, one following the other, and not upon separate occasions. No such bill or message may be referred to any committee, or otherwise acted upon save as provided by law and custom; 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.

 


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ê2011 Statutes of Nevada, Page 3811 (File Number 6, AR 1)ê

 

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.

 

Rule No. 117.  Reserved.

 

C.  Resolutions

 

Rule No. 118.  Treated as Bills—Joint Resolutions.

     The procedure of enacting joint resolutions must be identical to that of enacting bills, except that:

     1.  Joint resolutions, upon enrollment, must be delivered to the Secretary of State; and

     2.  Joint resolutions proposing amendments to the Constitution must be entered in the Journal in their entirety.

 

Rule No. 119.  Return from the Secretary of State.

     An Assembly resolution may be used to request the return from the Secretary of State of an enrolled Assembly resolution for further consideration.

 

D.  Order of Business

 

Rule No. 120.  Order of Business.

     The Order of Business must be as follows:

     1.  Call to Order.

     2.  Reading and Approval of Journal.

     3.  Presentation of Petitions.

     4.  Reports of Standing Committees.

     5.  Reports of Select Committees.

     6.  Communications.

     7.  Messages from the Senate.

     8.  Motions, Resolutions and Notices.

     9.  Introduction, First Reading and Reference.

     10.  Consent Calendar.

     11.  Second Reading and Amendment.

     12.  General File and Third Reading.

     13.  Unfinished Business of Preceding Day.

     14.  Vetoed Bills and Special Orders of the Day.

     15.  Remarks from the Floor, limited to 10 minutes.

 

Rule No. 121.  Reserved.

 

Rule No. 122.  Reserved.

 

Rule No. 123.  Reserved.

 

Rule No. 124.  Reserved.

 


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ê2011 Statutes of Nevada, Page 3812 (File Number 6, AR 1)ê

 

Rule No. 125.  Reserved.

 

Rule No. 126.  Reserved.

 

Rule No. 127.  Reserved.

 

Rule No. 128.  Reserved.

 

The next rule is 140.

 

IX.  LEGISLATIVE INVESTIGATIONS AND MISCELLANEOUS

 

Rule No. 140.  Compensation of Witnesses.

     Witnesses summoned to appear before the Assembly or any of its committees must be compensated as provided by law for witnesses required to attend in the courts of the State of Nevada.

 

Rule No. 141.  Use of the Assembly Chamber.

     The Assembly Chamber shall not be used for any public or private business other than legislative, except by permission of the Assembly.

________

FILE NUMBER 7, AR 2

Assembly Resolution No. 2–Committee on Legislative Operations and Elections

 

FILE NUMBER 7

 

Assembly RESOLUTION—Providing for the appointment of Assembly attaches.

 

     Resolved by the Assembly of the State of Nevada, That the following persons are elected as attaches of the Assembly for the 76th Session of the Legislature of the State of Nevada: Matthew Baker, Lucinda Benjamin, Diane Keetch, Christie Peters, Jason P. Hataway, Jeanne Douglass, Terry Sullivan, Robin L. Bates, Norman Budden, Linda Marrone, Mary A. Matheus, Sharon P. Murphy, Steven J. Sweeney, Debra Williams, Marge Griffin, Patricia A. Manning, Jasmine Shackley, Leslie Danihel, Dan Giraldo, Matthew Walker, Christina Coats, Riley Sutton, Jean Kvam, Joyce Hess, Alicia Taylor Sisneros, Toshiko McIntosh, Carolyn Maynick, Sara Menke, Laurel Armbrust, Lona M. Domenici, Janet F. Stokes, Ashley Massey, Mary Bean, Mark Sprinkle, Kathryn L. Alden, Harle Glover, Mary Lee, Adrian Viesca, Mistia Zuckerman, Taylor Anderson, Nichole Bailey, Cynthia Carter, Andrew Diss, Patti Adams, Connie Davis, Anne Bowen, Jordan Butler, Tenna Herman, Sherie Silva, Carol J. Thomsen, Janice Wright, Linda Blevins, Theresa Horgan, Jean Bennett, Patricia A. Blackburn, Sheryl Burrows, Lenore Carfora-Nye, Judith Coolbaugh, Janel Davis, Nancy Davis, Jeff Eck, Mary Garcia, Jordan Grow, Julie Kellen, Sharon McCallen, Jenny McMenomy, Earlene Miller, Jordan Neubauer, Mitzi Nelson, Karyn Werner, Linda Whimple, Cheryl L. Williams, Sylvia Brown, Sylvia Dominguez-Curry, Judith Fisher, Karen Fox, Laureen Garcia, Lisa Gardner, Patricia J. Hutson, Millicent Jorgenson, Jackie Kaiser, Denise A. Larsen, Linda Law, Deanna Lazovich, Ryan Lippert, Beatriz Martinez, Lezlie Mayville, Mary Merry, Blayne Osborne, Sheree L.

 


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ê2011 Statutes of Nevada, Page 3813 (File Number 7, AR 2)ê

 

Linda Law, Deanna Lazovich, Ryan Lippert, Beatriz Martinez, Lezlie Mayville, Mary Merry, Blayne Osborne, Sheree L. Rosevear, Dennis Roy Jr., Jennifer Scaffidi, Swati Singh, Nancy Tatum, Jackie Valley, Linda Waters, Cheryl Yates, Cinthia Zermeno, Cindy Southerland, Cynthia Wyett, Sherwood Howard, Olivia M. Lloyd, Michael Smith, Sally A. Stoner, Jordan Davis, Victoria Hinder, Diane Hudson, Verdene Johnson, David E. Moore, Larry Peri, Marcia Peterson, Elizabeth Saenz, Ted Zuend, June Bennett and Deanna Keirstead.

________

FILE NUMBER 8, AR 3

Assembly Resolution No. 3–Committee on Legislative Operations and Elections

 

FILE NUMBER 8

 

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 the Chief Clerk to the State Controller, who is authorized to draw warrants therefor on the Legislative Fund, and the State Treasurer is thereafter authorized to pay these warrants.

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ê2011 Statutes of Nevada, Page 3814ê

 

FILE NUMBER 9, SCR 3

Senate Concurrent Resolution No. 3–Senators Cegavske; Breeden, Brower, Copening, Denis, Gustavson, Halseth, Hardy, Horsford, Kieckhefer, Kihuen, Lee, Leslie, Manendo, McGinness, Parks, Rhoads, Roberson, Schneider, Settelmeyer and Wiener

 

Joint Sponsors: Assemblymen Hammond; Aizley, Anderson, Atkinson, Benitez-Thompson, Bobzien, Brooks, Bustamante Adams, Carlton, Carrillo, Conklin, Daly, Diaz, Dondero Loop, Ellison, Flores, Frierson, Goedhart, Goicoechea, Grady, Hambrick, Hansen, Hardy, Hickey, Hogan, Horne, Kirkpatrick, Kirner, Kite, Livermore, Mastroluca, McArthur, Munford, Neal, Oceguera, Ohrenschall, Pierce, Segerblom, Sherwood, Smith, Stewart and Woodbury

 

FILE NUMBER 9

 

SENATE Concurrent RESOLUTION—Recognizing the month of February 2011 as a month to honor the contributions of Ronald Reagan.

 

     Whereas, President Ronald Wilson Reagan, a man of humble background, worked throughout his life serving freedom and advancing the public good, having been employed as an entertainer, union leader, corporate spokesman, Governor of California and President of the United States; and

     Whereas, Ronald Reagan served with honor and distinction for two terms as the 40th President of the United States of America, earning the confidence of three-fifths of the electorate and achieving victory in 49 of the 50 states in the general election for his second term, a record unsurpassed in the history of American presidential elections; and

     Whereas, In 1981, when Ronald Reagan was inaugurated President, he inherited a disillusioned nation shackled by rampant inflation and high unemployment; and

     Whereas, During Mr. Reagan’s presidency, he worked in a bipartisan manner to enact his bold agenda of restoring accountability and common sense to government, which led to unprecedented economic expansion and opportunity for millions of Americans; and

     Whereas, Mr. Reagan’s commitment to an active social policy agenda for the nation’s children helped lower crime and drug use in our neighborhoods; and

     Whereas, President Reagan’s commitment to our Armed Forces contributed to the restoration of pride in America, and in her values and those cherished by the free world, and prepared America’s Armed Forces to meet the challenges of the 21st century; and

     Whereas, President Reagan’s vision of “peace through strength” led to the end of the Cold War and the ultimate demise of the Soviet Union, guaranteeing basic human rights for countless numbers of people; and

     Whereas, Throughout his years as President, Ronald Reagan displayed consistent optimism and the self-confidence that endeared him to millions, and even when personal danger touched him, as in the assassination attempt in 1981 that left him wounded, he was upbeat and reassuring; and

     Whereas, The year 2011 marks the 100th anniversary of Ronald Reagan’s birth and the 7th since his passing; now, therefore, be it

 


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ê2011 Statutes of Nevada, Page 3815 (File Number 9, SCR 3)ê

 

     Resolved by the Senate of the State of Nevada, the Assembly Concurring, That the members of the 76th Session of the Nevada Legislature do hereby declare February 2011 as a month to honor Ronald Reagan for his many contributions to our country; and be it further

     Resolved, That the residents of the State of Nevada are urged to celebrate the centennial month of his birth and reflect on the life of this noble American who dedicated his life to the service of our great nation; and be it further

     Resolved, That the Secretary of the Senate prepare and transmit a copy of this resolution to Nancy Reagan, Ronald Reagan’s devoted and loving wife of 52 years.

________

FILE NUMBER 10, SCR 4

Senate Concurrent Resolution No. 4–Committee on Revenue

 

FILE NUMBER 10

 

Senate Concurrent RESOLUTION—Rejecting Initiative Petition No. 1.

 

     Whereas, Initiative Petition No. 1 would impose an additional sales and use tax in certain areas of larger counties in Nevada for the construction, improvement, equipment, operation and maintenance of a sports and entertainment arena through public and private cooperation; and

     Whereas, Initiative Petition No. 1 would result in a disparate rate of sales and use taxation within a single county; and

     Whereas, The State of Nevada is facing a budget crisis that poses serious challenges to the residents of Nevada; and

     Whereas, This Legislature is confronting issues daily that threaten the level of funding to essential services such as education, public safety and transportation; and

     Whereas, The taxes generated by Initiative Petition No. 1 will not be available to support any of the services essential to the residents of Nevada; and

     Whereas, The Board of County Commissioners of Clark County has declined on several occasions to adopt a tax increase for an arena as proposed by Initiative Petition No. 1; and

     Whereas, Initiative Petition No. 1 circumvents the authority of the Board of County Commissioners of Clark County to make decisions that are traditionally the prerogative of local government, such as land use, zoning and transportation matters; and

     Whereas, Initiative Petition No. 1 creates transportation and infrastructure costs to Clark County that are not covered by the proposed funding mechanisms; and

     Whereas, Section 2 of Article 19 of the Nevada Constitution authorizes the Legislature to propose a competing measure to Initiative Petition No. 1; and

     Whereas, There are alternatives to Initiative Petition No. 1 that could be proposed by the Legislature that would better serve the interests of the residents of the State of Nevada; and

 


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ê2011 Statutes of Nevada, Page 3816 (File Number 10, SCR 4)ê

 

     Whereas, This Legislature intends to propose a competing measure for submission to the voters on the November 2012 general election ballot; now, therefore, be it

     Resolved by the Senate of the State of Nevada, the Assembly Concurring, That the members of the 76th Session of the Nevada Legislature hereby reject Initiative Petition No. 1; and be it further

     Resolved, That the Secretary of the Senate prepare and transmit a copy of this resolution to the Governor of the State of Nevada and the Secretary of State of the State of Nevada.

________

FILE NUMBER 11, ACR 4

Assembly Concurrent Resolution No. 4–Committee on Commerce and Labor

 

FILE NUMBER 11

 

ASSEMBLY Concurrent RESOLUTION—Expressing support for economic development and the development of a highly skilled workforce in the sectors of logistics, supply chain management and renewable energy technology in this State.

 

     Whereas, The creation of new jobs and the promotion of a diverse economy is essential to the economic health of Nevada; and

     Whereas, Nevada is uniquely positioned by virtue of its geographic location and favorable business climate to serve as a logistics and distribution center for the receipt, shipment and assembly of goods from the West Coast to points north and east; and

     Whereas, Foreign trade zones exist in both southern and northern Nevada for the purpose, among other things, of facilitating the growth of logistics and distribution centers; and

     Whereas, The Clark County Regional Airport System, the Reno-Tahoe International Airport and the Tahoe-Reno Industrial Center in Storey County are poised for future development as logistics and distribution centers, and for the creation of a wide range of jobs in supply chain management; and

     Whereas, The Northeastern Nevada Regional Railport in Elko County provides additional opportunities for the east-to-west distribution of goods and the development of a logistics cluster; and

     Whereas, Nevada contains abundant sources of renewable energy which are capable of supporting the growth and development of industries, technologies and businesses that generate, develop and harness renewable energy; and

     Whereas, The development of businesses and industries within the fields of logistics, supply chain management and renewable energy technology is essential for Nevada to develop a stable, competitive and viable economy in the future; and

     Whereas, The need for a highly skilled and specialized workforce in Nevada in the sectors of logistics, supply chain management and renewable energy technology is a primary concern of private investors who wish to conduct business in Nevada; and

     Whereas, Job training and education in logistics, supply chain management and renewable energy technology are essential components to developing a workforce in Nevada with the expertise that is necessary to attract logistics-related and renewable energy-related businesses to this State; and

 


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ê2011 Statutes of Nevada, Page 3817 (File Number 11, ACR 4)ê

 

developing a workforce in Nevada with the expertise that is necessary to attract logistics-related and renewable energy-related businesses to this State; and

     Whereas, The faculty and staff of the Nevada System of Higher Education have expertise in supply chain management and renewable energy technology and can provide support for the development and growth of these industries through education and job training; and

     Whereas, An effective method of creating jobs for Nevadans is to utilize incentives offered by the Federal Government and other sources for job training and education in the sectors of logistics, supply chain management and renewable energy technology; now, therefore, be it

     Resolved by the Assembly of the State of Nevada, the Senate Concurring, That the members of the 76th Session of the Nevada Legislature express their intent to prioritize economic growth and development in the sectors of logistics, supply chain management and renewable energy technology in this State; and be it further

     Resolved, That the Nevada Legislature expresses its intent to promote Nevada as a distribution and transportation center, and as a state that is at the forefront of renewable energy technology; and be it further

     Resolved, That the Nevada Legislature urges the Governor of the State of Nevada to prioritize and promote economic development in the sectors of logistics, supply chain management and renewable energy technology in Nevada; and be it further

     Resolved, That the Nevada Legislature recognizes the need to prioritize the training and education of a highly skilled workforce in the sectors of logistics, supply chain management and renewable energy technology to promote the investment of private capital in logistics-related and renewable energy-related businesses in Nevada; and be it further

     Resolved, That the Nevada Legislature expresses its intent that incentives which are designated for job training or education be considered first for job training, education and development in the fields of logistics, supply chain management and renewable energy technology to develop a highly skilled workforce in those sectors; and be it further

     Resolved, That the Chief Clerk of the Assembly prepare and transmit a copy of this resolution to the Governor of the State of Nevada, the Director of the Department of Employment, Training and Rehabilitation, the Chancellor of the Nevada System of Higher Education and the Chair of the Board of Regents of the University of Nevada for distribution to its members.

________

 


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ê2011 Statutes of Nevada, Page 3818ê

 

FILE NUMBER 12, AR 4

Assembly Resolution No. 4–Assemblymen Oceguera, Conklin and Goicoechea

 

FILE NUMBER 12

 

Assembly RESOLUTION—Adding former Assemblyman John C. Carpenter to the Assembly Wall of Distinction.

 

     Whereas, The Assembly of the Legislature of the State of Nevada has established an Assembly Wall of Distinction for those past members selected by leadership who served with great distinction and who made exemplary contributions to the State of Nevada; and

     Whereas, Assemblyman John C. Carpenter faithfully served his constituents in Assembly District No. 33 and all Nevadans for 12 regular and 11 special legislative sessions; and

     Whereas, John Carpenter is a native Nevadan through and through, whose word is gold and whose humor could brighten the darkest legislative debate; and

     Whereas, The Dean of the Cowboy Caucus worked tirelessly to enlighten his city slicker colleagues in the courageous, moral, humble and honest Cowboy Way; and

     Whereas, The former Assemblyman from Elko did all in his power to make Nevada safe both for Democracy and, when necessary, from Democracy; and

     Whereas, This intrepid soul safely piloted his trustworthy vessel, the Suzie Q, through Nevada’s treacherous inland waterways from Elko to Carson City every session, inspiring us all; and

     Whereas, John Carpenter could be counted on to read every line of every bill, to ask the tough questions, and to vote for what was right, not what was easy; and

     Whereas, Countless legislators regardless of party found a friend, mentor and inspiration in John during the course of his 24 years of legislative service; now, therefore, be it

     Resolved by the Assembly of the State of Nevada, That Assemblyman John C. Carpenter is hereby added to the Assembly Wall of Distinction; and be it further

     Resolved, That the Chief Clerk of the Assembly prepare and transmit a copy of this resolution to former Assemblyman John C. Carpenter.

________

 


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ê2011 Statutes of Nevada, Page 3819ê

 

FILE NUMBER 13, AR 5

Assembly Resolution No. 5–Assemblymen Oceguera, Conklin and Goicoechea

 

FILE NUMBER 13

 

Assembly RESOLUTION—Adding former Assemblyman Marcia de Braga to the Assembly Wall of Distinction.

 

     Whereas, The Assembly of the Legislature of the State of Nevada has established an Assembly Wall of Distinction for those past members selected by leadership who served with great distinction and who made exemplary contributions to the State of Nevada; and

     Whereas, The members of the Nevada Legislature are saddened by the loss of one of their own, former Assemblyman Marcia de Braga; and

     Whereas, Marcia de Braga served Nevada and the constituents of Assembly District 35 with unwavering integrity, courage, and good humor for five regular and two special legislative sessions; and

     Whereas, Mrs. de Braga was instrumental in securing funding to study the causes of Fallon’s deadly leukemia cluster; and

     Whereas, Assemblyman de Braga served as an inspiration to all women through her conviction that, “to wish to be equal to men would show a lack of ambition”; and

     Whereas, Marcia de Braga’s name will forever be associated with the preservation of water rights crucial to agriculture in rural Nevada; and

     Whereas, The Silver State International Rodeo in Fallon, which recently celebrated its 25th anniversary, owes its start to Marcia de Braga; and

     Whereas, This proud mother of four treated all children as if they were her own and fought for them throughout her life; now, therefore, be it

     Resolved by the Assembly of the State of Nevada, That Assemblyman Marcia de Braga is hereby added to the Assembly Wall of Distinction; and be it further

     Resolved, That the Chief Clerk of the Assembly prepare and transmit a copy of this resolution to the family of former Assemblyman Marcia de Braga.

________

 


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ê2011 Statutes of Nevada, Page 3820ê

 

FILE NUMBER 14, AR 6

Assembly Resolution No. 6–Assemblymen Oceguera, Conklin and Goicoechea

 

FILE NUMBER 14

 

Assembly RESOLUTION—Adding former Legislative Counsel Frank W. Daykin to the Assembly Wall of Distinction.

 

     Whereas, The Assembly of the Legislature of the State of Nevada has established an Assembly Wall of Distinction for those past members selected by leadership who served with great distinction and who made exemplary contributions to the State of Nevada; and

     Whereas, The Nevada Assembly wishes to add to its Wall of Distinction those past staff members of the Legislative Counsel Bureau who are selected by leadership to be acknowledged for their exemplary service; and

     Whereas, Frank W. Daykin volunteered with the United States Army in World War II and served bravely in both North Africa and Europe before returning home to take up his legal studies; and

     Whereas, Frank Daykin joined the Legislative Counsel Bureau in 1963 and continued to serve the Legislature with integrity and diligence for over two decades; and

     Whereas, Mr. Daykin’s work has been called “the thread that wound together volume after volume of the bulky Nevada Revised Statutes”; and

     Whereas, A great many more Nevadans understand the difference between “shall” and “must” than would if not for Frank Daykin’s insistence on using the terms accurately; and

     Whereas, Frank Daykin’s tenure with the Legislative Counsel Bureau included 12 years as Legislative Counsel; and

     Whereas, The National Conference of Commissioners on Uniform State Laws has awarded Mr. Daykin lifelong membership in recognition of his excellent work for that body; and

     Whereas, Nevada owes a great deal of the clarity, precision, and consistency of its laws to Frank Daykin; and

     Whereas, Mr. Daykin can take pride in having helped create what Senator William J. Raggio has called “one of the most effective, concise and correct” systems of “lawmaking and legislation in the country”; now, therefore, be it

     Resolved by the Assembly of the State of Nevada, That former Legislative Counsel Frank W. Daykin is hereby added to the Assembly Wall of Distinction; and be it further

     Resolved, That the Chief Clerk of the Assembly prepare and transmit a copy of this resolution to Mr. Daykin.

________

 


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ê2011 Statutes of Nevada, Page 3821ê

 

FILE NUMBER 15, ACR 7

Assembly Concurrent Resolution No. 7–Assemblymen Grady; Aizley, Anderson, Atkinson, Benitez-Thompson, Bobzien, Brooks, Bustamante Adams, Carlton, Carrillo, Conklin, Daly, Diaz, Dondero Loop, Ellison, Flores, Frierson, Goedhart, Goicoechea, Hambrick, Hammond, Hansen, Hardy, Hickey, Hogan, Horne, Kirkpatrick, Kirner, Kite, Livermore, Mastroluca, McArthur, Munford, Neal, Oceguera, Ohrenschall, Pierce, Segerblom, Sherwood, Smith, Stewart and Woodbury

 

Joint Sponsors: Senators McGinness; Breeden, Brower, Cegavske, Copening, Denis, Gustavson, Halseth, Hardy, Horsford, Kieckhefer, Kihuen, Lee, Leslie, Manendo, Parks, Rhoads, Roberson, Schneider, Settelmeyer and Wiener

 

FILE NUMBER 15

 

Assembly Concurrent RESOLUTION—Honoring Nevadans who have lost their lives in the Global War on Terrorism.

 

     Whereas, Since the launching of the Global War on Terrorism in response to attacks on the United States on September 11, 2001, through Operation Iraqi Freedom, Operation Enduring Freedom and Operation New Dawn, 5,922 Americans have lost their lives, including 53 Nevadans; and

     Whereas, The service of these men and women required sacrifice, hardship, endurance, dedication, courage and the highest level of patriotism; and

     Whereas, Those Nevada citizens who served our country in the name of freedom and justice deserve special recognition for their sacrifice; now, therefore, be it

     Resolved by the Assembly of the State of Nevada, the Senate Concurring, That we honor every American who served and extend our heartfelt condolences to the Nevada friends and family members of those who made the ultimate sacrifice; and be it further

     Resolved, That we continue to honor those recognized in previous legislative sessions: Marine Lance Corporal Nicholas H. Anderson, Las Vegas; Army Staff Sergeant Corey R. Barnes, Sparks; Army Sergeant Kenneth E. Bostic, Hawthorne; Marine Lance Corporal Raul S. Bravo, Elko; Army Captain Joshua T. Byers, Sparks; Marine Second Lieutenant James J. Cathey, Reno; Marine Lance Corporal Donald J. Cline Jr., Sparks; Army National Guard Specialist Anthony S. Cometa, Las Vegas; Army Corporal Matthew A. Commons, Boulder City; Army Private First Class David N. Crombie, Winnemucca; Army Sergeant Ezra Dawson, Las Vegas; Army Specialist Jason A. Disney, Fallon; Army Sergeant David J. Drakulich, Reno; Army National Guard Chief Warrant Officer 3 John M. Flynn, Sparks; Army Staff Sergeant Sean M. Gaul, Reno; Army Sergeant John C. Griffith, Las Vegas; Army Specialist Daniel F. Guastaferro, Las Vegas; Marine Corporal Jesse Jaime, Henderson; Army Sergeant Robert P. Kassin, Las Vegas; Marine First Lieutenant Nathan M. Krissoff, Reno; Army Corporal Stanley J. Lapinski, Las Vegas; Army Corporal Shawn T. Lasswell Jr., Reno; Army Staff Sergeant Emmanuel L. Legaspi, Las Vegas; Marine Lance Corporal Jeremy Z. Long, Sun Valley; Marine Private First Class John Lukac, Las Vegas; Army Corporal Joseph L. Martinez, Las Vegas; Army Sergeant Gordon F.

 


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ê2011 Statutes of Nevada, Page 3822 (File Number 15, ACR 7)ê

 

Sergeant Gordon F. Misner II, Sparks; Army Specialist Joshua S. Modgling, Las Vegas; Army Private Second Class Joshua M. Morberg, Sparks; Army Sergeant Eric W. Morris, Sparks; Army Sergeant Alfred G. Paredez Jr., Las Vegas; Navy Petty Officer Second Class Eric S. Patton, Boulder City; Marine Reserve Lance Corporal Richard A. Perez Jr., Las Vegas; Marine First Lieutenant Frederick E. Pokorney Jr., Tonopah; Army Specialist Ignacio Ramirez, Henderson; Army Chief Warrant Officer 2 Joshua R. Rodgers, Carson City; Army Reserve First Sergeant Carlos N. Saenz, Las Vegas; Marine Corporal William I. Salazar, Las Vegas; Army Sergeant Anthony J. Schober, Gardnerville; Army Reserve Staff Sergeant Coby G. Schwab, Henderson; Army Private First Class Thomas C. Siekert, Lovelock; Army National Guard Sergeant Patrick D. Stewart, Fernley; Army Reserve Specialist Teodoro Torres, Las Vegas; Army Staff Sergeant Michael L. Townes, Las Vegas; Army Private First Class Alejandro R. Varela, Fernley; Army Specialist Travis M. Virgadamo, Las Vegas; and Army Private First Class Phillip B. Williams, Gardnerville; and be it further

     Resolved, That we pause today to reflect on the supreme sacrifice of the six Nevadans who have given their lives since the 75th Legislative Session: Army Sergeant Matthew R. Hennigan, Las Vegas; Army Sergeant Josue E. Hernandez Chavez, Reno; Army Specialist Thomas F. Lyons, Fernley; Army Specialist Brian Tabada, Las Vegas; Army Private First Class Kevin C. Thomson, Reno; and Marine Sergeant Frank R. Zaehringer III, Reno; and be it further

     Resolved, That the members of the 76th Session of the Nevada Legislature honor these brave Nevadans who made the ultimate sacrifice through their service, dedication and commitment to this country and their fellow man; and be it further

     Resolved, That the Chief Clerk of the Assembly prepare and transmit six copies of this resolution to Caleb S. Cage, Executive Director of the Office of Veterans’ Services, for transmittal to the family of each of those being honored.

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ê2011 Statutes of Nevada, Page 3823ê

 

FILE NUMBER 16, SCR 6

Senate Concurrent Resolution No. 6–Senators Breeden; Brower, Cegavske, Copening, Denis, Gustavson, Halseth, Hardy, Horsford, Kieckhefer, Kihuen, Lee, Leslie, Manendo, McGinness, Parks, Rhoads, Roberson, Schneider, Settelmeyer and Wiener

 

Joint Sponsors: Assemblymen Segerblom; Aizley, Anderson, Atkinson, Benitez-Thompson, Bobzien, Brooks, Bustamante Adams, Carlton, Carrillo, Conklin, Daly, Diaz, Dondero Loop, Ellison, Flores, Frierson, Goedhart, Goicoechea, Grady, Hambrick, Hammond, Hansen, Hardy, Hickey, Hogan, Horne, Kirkpatrick, Kirner, Kite, Livermore, Mastroluca, McArthur, Munford, Neal, Oceguera, Ohrenschall, Pierce, Sherwood, Smith, Stewart and Woodbury

 

FILE NUMBER 16

 

Senate Concurrent RESOLUTION—Memorializing Marie H. Soldo.

 

     Whereas, The members of the Nevada Legislature were deeply aggrieved to learn of the passing of Marie H. Soldo on February 5, 2010; and

     Whereas, Marie was born on February 11, 1941, in New York City, New York, to Lenfranco and Mary Soldo and lived in Las Vegas, Nevada, since September of 1984; and

     Whereas, During her time in Las Vegas, she served as the Executive Vice President of Government Affairs and Special Projects for Sierra Health Services; and

     Whereas, Marie represented the interests of Sierra Health Services, the Nevada Association of Health Plans and many other health care-related causes in the hallways of the State Legislature since 1984; and

     Whereas, Marie was always willing to step in to help others and often put the interests of others before herself; and

     Whereas, Marie traveled extensively and engaged her passion for helping the underserved, including being instrumental in the development of health care programs in Africa and helping children in Belize get specialized health care in the United States; and

     Whereas, Marie’s love and passion for helping others led her to support the St. John’s University of Tanzania School of Nursing and its medical clinic in Tanzania, where she often traveled to work in the clinic; and

     Whereas, St. John’s University of Tanzania School of Nursing has recognized Marie’s contributions by dedicating its computer center to her, the Marie Soldo Nursing Computer Center; and

     Whereas, Marie leaves behind her son Christopher Soldo Hamner, his wife Kristina, her grandson William, a loving extended family and many dear friends and acquaintances who miss her generous heart, her passion and her spirit; now, therefore, be it

     Resolved by the Senate of the State of Nevada, the Assembly Concurring, That the members of the 76th Session of the Nevada Legislature hereby extend their earnest condolences to Marie’s family and friends; and be it further

     Resolved, That the Secretary of the Senate prepare and transmit a copy of this resolution to Marie’s son Christopher Soldo Hamner.

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ê2011 Statutes of Nevada, Page 3824ê

 

FILE NUMBER 17, AR 7

Assembly Resolution No. 7–Committee on Legislative Operations and Elections

 

FILE NUMBER 17

 

Assembly RESOLUTION—Providing for the appointment of an additional attache for the Assembly.

 

     Resolved by the Assembly of the State of Nevada, That Gianna Shirk is elected as an additional attache of the Assembly for the 76th Session of the Nevada Legislature.

________

FILE NUMBER 18, AR 8

Assembly Resolution No. 8–Committee on Legislative Operations and Elections

 

FILE NUMBER 18

 

Assembly RESOLUTION—Providing for the appointment of additional attaches for the Assembly.

 

     Resolved by the Assembly of the State of Nevada, That Diane O’Flynn and Rebecca Richman are elected as additional attaches of the Assembly for the 76th Session of the Nevada Legislature.

________

FILE NUMBER 19, SR 4

Senate Resolution No. 4–Senators Horsford, McGinness; Breeden, Brower, Cegavske, Copening, Denis, Gustavson, Halseth, Hardy, Kieckhefer, Kihuen, Lee, Leslie, Manendo, Parks, Rhoads, Roberson, Schneider, Settelmeyer and Wiener

 

FILE NUMBER 19

 

Senate RESOLUTION—Inducting William J. Raggio 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, William J. Raggio, a fourth generation Nevadan, was born October 30, 1926, in Reno, Nevada, and was educated in the Reno public schools; and

     Whereas, During World War II, William entered Naval Officer Candidate training, and later was commissioned as a Second Lieutenant in the United States Marine Corps; after his military service, he received his B.A. from the University of Nevada, Reno, before going on to receive his J.D. from the University of California; and

     Whereas, William J. Raggio was elected District Attorney of Washoe County in 1958, an office he held until 1970; while District Attorney, he was named “Outstanding Prosecutor in the United States” and elected President of the National District Attorneys Association; and

 


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ê2011 Statutes of Nevada, Page 3825 (File Number 19, SR 4)ê

 

named “Outstanding Prosecutor in the United States” and elected President of the National District Attorneys Association; and

     Whereas, William J. Raggio was first elected to the Nevada Senate from Washoe County in November 1972 and served over 38 years until January 2011, having the longest Senate service in the history of Nevada, including 19 regular sessions and 13 special sessions; Senator Raggio served as Senate Majority Floor Leader in 1987-1989 and 1993-2008, making him the longest-serving Senate Majority Floor Leader in Nevada history; he also served as Senate Minority Floor Leader for 6 regular and 4 special sessions; and

     Whereas, Senator Raggio was Chairman of the Senate Committee on Finance in the regular sessions of 1987-1989 and 1993-2007, and served as either Chairman or Vice Chairman of the Interim Finance Committee during that same time period; and Senator Raggio served as Chairman of the Legislative Committee on Education in 1997-1998, 2001-2002, and 2005-2006; and

     Whereas, Among his legislative accomplishments, Senator Raggio sponsored Nevada’s Education Reform Act, perhaps the most important education measure in State history; established the Nevada Economic Forum to provide nonpartisan, technical projections of state revenue; authored legislation providing comprehensive regional planning in Washoe County; and was honored as the “Father of the Airport Authority” in recognition of his legislation creating that entity; and

     Whereas, Senator Raggio received numerous national awards and honors over the years for his legislative service, including the elected National Chairman of the American Legislative Exchange Council (ALEC) in 1993; the Lifetime Achievement Award of the National Italian American Foundation in 1999; and ALEC honoring him by establishing the William J. Raggio Excellence in Leadership and Outstanding Service Award; now, therefore, be it

     Resolved by the Senate of the State of Nevada, That William J. Raggio, a leader among leaders and most dedicated son to his native Nevada, is hereby inducted into the Senate Hall of Fame of the Legislature of the State of Nevada.

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ê2011 Statutes of Nevada, Page 3826ê

 

FILE NUMBER 20, SCR 7

Senate Concurrent Resolution No. 7–Senators Horsford; Breeden, Brower, Cegavske, Copening, Denis, Gustavson, Halseth, Hardy, Kieckhefer, Kihuen, Lee, Leslie, Manendo, McGinness, Parks, Rhoads, Roberson, Schneider, Settelmeyer and Wiener

 

Joint Sponsors: Assemblymen Smith; Aizley, Anderson, Atkinson, Benitez-Thompson, Bobzien, Brooks, Bustamante Adams, Carlton, Carrillo, Conklin, Daly, Diaz, Dondero Loop, Ellison, Flores, Frierson, Goedhart, Goicoechea, Grady, Hambrick, Hammond, Hansen, Hardy, Hickey, Hogan, Horne, Kirkpatrick, Kirner, Kite, Livermore, Mastroluca, McArthur, Munford, Neal, Oceguera, Ohrenschall, Pierce, Segerblom, Sherwood, Stewart and Woodbury

 

FILE NUMBER 20

 

Senate Concurrent RESOLUTION—Memorializing Milton D. Glick, President of the University of Nevada, Reno.

 

     Whereas, The members of the Nevada Legislature note with great sorrow the passing of Milton Glick, President of the University of Nevada, Reno, and one of Nevada’s finest educators and leaders, on April 16, 2011; and

     Whereas, Born in Memphis, Tennessee, in 1937, Dr. Glick grew up in Rock Island, Illinois, and it soon became apparent that education was to be his passion, as he graduated with a bachelor’s degree in chemistry from Augustana College in Rock Island and earned his doctorate at the University of Wisconsin in Madison, followed by postdoctoral studies at Cornell University in Ithaca, New York; and

     Whereas, Dr. Glick was on the faculty at Wayne State University in Detroit, Michigan, Iowa State University in Ames, the College of Arts and Science at the University of Missouri in Columbia and Arizona State University in Tempe, which reinforced his enduring belief in the power of higher education; and

     Whereas, At his inauguration as the 15th President of the University of Nevada, Reno, in 2006, Dr. Glick stated that “The next Comstock Lode is not in the mines of Nevada. . . . It is in the minds of Nevadans,” thereby signaling to all Nevadans that he had the leadership and commitment to take the University to new heights and national recognition; and

     Whereas, Despite economic challenges, President Glick fostered a culture of excellence and led the University to unprecedented growth through campus expansion and construction, increased research funding, the recruitment of a record number of National Merit Scholarship students and the elevation of the University to Tier 1 status in the prestigious annual rankings of U. S. News & World Report; and

     Whereas, The efforts of this talented leader and devoted educator resulted last year in the University graduating its largest class ever, marking a 66 percent increase in the number of baccalaureate degrees awarded over the last 10 years; and

     Whereas, Dr. Glick’s mantra was that “Nevada needs more education, not less. It’s about what we want our children and grandchildren to inherit,” and when asked about the future of education in the face of severe budget cuts, he said, “I still believe that what we do at our University will determine the quality of life for all Nevadans”; and

 


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ê2011 Statutes of Nevada, Page 3827 (File Number 20, SCR 7)ê

 

cuts, he said, “I still believe that what we do at our University will determine the quality of life for all Nevadans”; and

     Whereas, As the heart and soul of the University of Nevada, Reno, Dr. Glick always put the students’ needs first, whether it was by participating in a walk-a-thon, rooting for the Wolf Pack or telling a story, and he always had a twinkle in his eye and optimism for the future of Nevada through education; and

     Whereas, The absence of this beloved figure with his trademark hat and ever-present sense of humor will forever alter the aura of the campus of the University of Nevada, Reno; now, therefore, be it

     Resolved by the Senate of the State of Nevada, the Assembly Concurring, That the members of the 76th Nevada Legislature offer their deepest condolences to Dr. Glick’s wife Peggy, son David and his wife Jennifer, son Sander and his wife Laura, and grandchildren Toby, Nina and Elijah; and be it further

     Resolved, That the remarkable legacy which Dr. Glick leaves through the lives he touched and through living his belief that education is the pathway to a better future for the Silver State is appreciated and lauded by all residents of this State; and be it further

     Resolved, That the Secretary of the Senate prepare and transmit a copy of this resolution to Dr. Glick’s beloved wife Peggy.

________

FILE NUMBER 21, AJR 9

Assembly Joint Resolution No. 9–Assemblyman Oceguera

 

Joint Sponsor: Senator Horsford

 

FILE NUMBER 21

 

Assembly Joint RESOLUTION—Urging Congress to enact the Unemployment Insurance Solvency Act of 2011.

 

     Whereas, During the last 3 years, this country has faced the longest recessionary period since the Great Depression; and

     Whereas, Although most states have suffered from high and sustained levels of unemployment during this period, Nevada has been particularly impacted, enduring the highest unemployment rates in its history and regularly having one of the highest unemployment rates in the country over the course of the recession; and

     Whereas, The unemployment insurance system, which is financed through federal and state payroll taxes, provides relief to eligible persons who are unemployed through no fault of their own, which helps ensure continued economic activity by those persons; and

     Whereas, The economic crisis has created an unprecedented impact on the unemployment insurance system, depleting state unemployment trust funds at a time when the economy is tenuous at best and, in fact, is not expected to fully rebound until 2016; and

     Whereas, When the state unemployment trust fund was depleted, Nevada, and ultimately 29 other states, began borrowing money from the Federal Government, with interest, to offset the lack of available money for the payment of an unprecedented number of unemployment insurance benefits; and

 


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ê2011 Statutes of Nevada, Page 3828 (File Number 21, AJR 9)ê

 

Federal Government, with interest, to offset the lack of available money for the payment of an unprecedented number of unemployment insurance benefits; and

     Whereas, The American Recovery and Reinvestment Act of 2009, Public Law 111-5, included a temporary waiver on interest payments owed on the loans made by the Federal Government to the states, but that waiver expired on December 31, 2010, thereby causing interest on the federal loans to start accruing and payment of that interest to commence in September 2011; and

     Whereas, In addition, as payment of the principal of the federal loans, an automatic increase in federal payroll taxes on employers is pending and will increase incrementally until the loan principal is paid off; and

     Whereas, The Unemployment Insurance Solvency Act of 2011 was introduced in Congress on February 17, 2011, to offer fiscal relief to the states that have borrowed money from the Federal Government for the payment of unemployment insurance benefits during this difficult economic crisis; and

     Whereas, If enacted, the Unemployment Insurance Solvency Act would offer relief to the residents of the State of Nevada, their employers and the State itself, in part, by:

     1.  Extending the waiver of interest on the federal loans for 2 years;

     2.  Postponing the imposition of increased payroll taxes on employers to repay the principal on the federal loans;

     3.  Allowing the State to enter into an agreement with the United States Department of Labor to reduce up to 60 percent of its federal loan balance in return for implementing measures to increase the solvency of its unemployment trust fund; and

     4.  Offering incentives for the State to maintain the solvency of its unemployment trust fund; and

     Whereas, Waiving the interest payments owed on the federal loans until 2014 would save the State of Nevada millions of dollars at a time when that money is critical for the continued provision of services to its residents and for stimulating economic recovery in the State; and

     Whereas, The burden of repaying interest on the federal loans at this time may force further increases in state payroll taxes and reductions in benefits and services offered to the residents of Nevada, which will adversely affect Nevada’s economy by weakening job growth and decreasing the demand for goods and services; and

     Whereas, The delay of the impending federal payroll tax increase on Nevada’s employers would offer relief to those employers at a time when the State’s economy is still struggling; and

     Whereas, The State of Nevada has already taken steps toward increasing the solvency of its unemployment insurance trust fund, and would likely be eligible for the maximum reduction in its federal loan balance proposed in the Unemployment Insurance Solvency Act, which would assist the State in planning for future recessions and stabilizing its economic base; now, therefore, be it

     Resolved by the Assembly and Senate of the State of Nevada, Jointly, That the members of the 76th Session of the Nevada Legislature hereby urge Congress to enact the Unemployment Insurance Solvency Act of 2011; and be it further

 


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ê2011 Statutes of Nevada, Page 3829 (File Number 21, AJR 9)ê

 

     Resolved, That the State of Nevada will continue to take steps toward increasing the solvency of its unemployment trust fund; and be it further

     Resolved, That the Chief Clerk of the Assembly prepare and transmit a copy of this resolution to the Vice President of the United States as the presiding officer of the Senate, the Speaker of the House of Representatives and each member of the Nevada Congressional Delegation; and be it further

     Resolved, That this resolution becomes effective upon passage.

________

FILE NUMBER 22, ACR 8

Assembly Concurrent Resolution No. 8–Assembly Committee on Legislative Operations and Elections

 

Joint Sponsor: Senate Committee on

Legislative Operations and Elections

 

FILE NUMBER 22

 

Assembly Concurrent RESOLUTION—Making a formal request for the Governor to establish an open, fair and public process to fill the vacancy in the Office of United States Senator.

 

     Whereas, The upcoming vacancy in one of Nevada’s seats in the United States Senate and the appointment of a temporary replacement is a matter of critical importance requiring careful deliberation and full transparency with the public; and

     Whereas, The circumstances leading to the upcoming vacancy compel the need for public confidence in the process and knowledge that public, not political, interests are the sole factor in any decision regarding the selection of a replacement; and

     Whereas, The effective date of resignation and vacancy lends time to establish a public process that ensures accountability while still providing the State of Nevada with the representation it needs in a timely manner; and

     Whereas, When State Senator William J. Raggio resigned, the Board of County Commissioners of Washoe County, empowered to fill the vacancy, presented and conducted an open, fair and public process that ensured public confidence in the selection of his replacement; and

     Whereas, Several factors in making any appointment need to be weighed in full, and fair public scrutiny, including whether the appointment of an honorable caretaker with no political motivations or electoral ambitions, may be in the best interests of all Nevadans; and

     Whereas, Any appointment that creates a vacancy in another office which necessitates a subsequent special election will cost Nevadans hundreds of thousands of dollars of taxpayer money at a time when severe cuts to education and essential services are under consideration; and

     Whereas, The United States Senate seat belongs to the people of Nevada, who are best served by a process in which they have as much knowledge and input as possible into the choice of the person who will represent them in the Senate; now, therefore, be it

     Resolved by the Assembly of the State of Nevada, the Senate Concurring, That the Governor is hereby formally requested by the Legislature to develop and release an open, fair and public process for the purpose of making an appointment to fill the upcoming vacancy in the United States Senate; and be it further

 


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ê2011 Statutes of Nevada, Page 3830 (File Number 22, ACR 8)ê

 

purpose of making an appointment to fill the upcoming vacancy in the United States Senate; and be it further

     Resolved, That the Governor should propose a timeline of not less than 1 week for any qualified Nevadans to apply and formally submit their names for consideration for appointment as a temporary replacement, and that any such appointment should be made only from those making such requests; and be it further

     Resolved, That the information for those who have formally requested consideration for appointment be made available to the public for a period of not less than 1 week for public comment to be received before any appointment is made; and be it further

     Resolved, That the official position of the State Legislature is that the people of Nevada deserve an open, fair and public process that is free from political calculations and partisan ambitions, and that the Governor should refrain from making any appointment until such a process is presented and conducted; and be it further

     Resolved, That the Chief Clerk of the Assembly prepare and transmit a copy of this resolution to Governor Brian Sandoval as soon as practicable.

________

FILE NUMBER 23, SCR 8

Senate Concurrent Resolution No. 8–Senators Brower; Breeden, Cegavske, Copening, Denis, Gustavson, Halseth, Hardy, Horsford, Kieckhefer, Kihuen, Lee, Leslie, Manendo, McGinness, Parks, Rhoads, Roberson, Schneider, Settelmeyer and Wiener

 

Joint Sponsors: Assemblymen Hickey; Aizley, Anderson, Atkinson, Benitez-Thompson, Bobzien, Brooks, Bustamante Adams, Carlton, Carrillo, Conklin, Daly, Diaz, Dondero Loop, Ellison, Flores, Frierson, Goedhart, Goicoechea, Grady, Hambrick, Hammond, Hansen, Hardy, Hogan, Horne, Kirkpatrick, Kirner, Kite, Livermore, Mastroluca, McArthur, Munford, Neal, Oceguera, Ohrenschall, Pierce, Segerblom, Sherwood, Smith, Stewart and Woodbury

 

FILE NUMBER 23

 

Senate Concurrent RESOLUTION—Memorializing Enos LeRoy Arrascada, respected attorney and community leader.

 

     Whereas, The members of the Nevada Legislature note with sorrow the passing of Enos LeRoy Arrascada, a third generation Basque Nevadan, on December 15, 2009; and

     Whereas, Born in Elko on August 19, 1936, to Ignacio “Enos” Arrascada and Maxine Cook, LeRoy graduated from Elko High School, was always involved in campus life and student government; and

     Whereas, He attended the University of Nevada, Reno, where he successfully ran for the Student Senate, defeating classmate Richard Bryan, who went on to serve as Nevada Governor and United States Senator; and

     Whereas, After graduating from college in 1959, LeRoy enlisted in the United States Navy and, upon discharge, entered the American University Washington College of Law in Washington, D.C., to pursue his lifelong love of the law; and

 


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ê2011 Statutes of Nevada, Page 3831 (File Number 23, SCR 8)ê

 

     Whereas, While attending law school, LeRoy worked in a patronage position operating an elevator in the United States Capitol, and as fate would have it, it was in that elevator that he met the love of his life and best friend, Ellen Sullivan Arrascada, a congressional secretary, whereupon they married and moved to Reno in 1964; and

     Whereas, Leroy loved this State with its deserts and mountains, and one of his great joys in life was going hunting and fishing in northern Nevada; and

     Whereas, Never one to retire from his passion for the law, LeRoy worked until the day before he passed, was considered one of the true gentlemen of the legal profession and was a law partner with his son John and daughter Christine, fulfilling a dream that few fathers attain; and

     Whereas, Very civic-minded, Leroy was extremely active in the community and was a founder and first President of the Reno Zazpiak Bat Basque Club, a former President of the Washoe County Bar Association, the Reno Host Lions Club and the Reno Aquatic Club, a former Chairman of the Democratic Party of Washoe County, a founding member of the Nevada Trial Lawyers Association and a member of the Humboldt Hunting Club, the Prospectors’ Club, the Nevada Woodchucks and the Gold and Silver coffee group, and his dedication to his many causes will be sorely missed by all; now, therefore, be it

     Resolved by the Senate of the State of Nevada, the Assembly Concurring, That the members of the 76th Nevada Legislature offer their deepest condolences to Leroy’s beloved wife of 45 years, Ellen, and their children and spouses Mary Ellen Arrascada and Matt Zier, John and Betsabeth Arrascada, Joseph Arrascada and Christine and John Aramini and their grandchildren Sabrina Arrascada and Elena, Amaya and Angelo Aramini, as well as his mother Maxine Cook; and be it further

     Resolved, That the Secretary of the Senate prepare and transmit a copy of this resolution to LeRoy’s wife Ellen.

________

 


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ê2011 Statutes of Nevada, Page 3832ê

 

FILE NUMBER 24, ACR 9

Assembly Concurrent Resolution No. 9–Assemblymen Segerblom; Aizley, Anderson, Atkinson, Benitez-Thompson, Bobzien, Brooks, Bustamante Adams, Carlton, Carrillo, Conklin, Daly, Diaz, Dondero Loop, Ellison, Flores, Frierson, Goedhart, Goicoechea, Grady, Hambrick, Hammond, Hansen, Hardy, Hickey, Hogan, Horne, Kirkpatrick, Kirner, Kite, Livermore, Mastroluca, McArthur, Munford, Neal, Oceguera, Ohrenschall, Pierce, Sherwood, Smith, Stewart and Woodbury

 

Joint Sponsors: Senators Breeden; Brower, Cegavske, Copening, Denis, Gustavson, Halseth, Hardy, Horsford, Kieckhefer, Kihuen, Lee, Leslie, Manendo, McGinness, Parks, Rhoads, Roberson, Schneider, Settelmeyer and Wiener

 

FILE NUMBER 24

 

Assembly Concurrent RESOLUTION—Memorializing Nevada’s first acupuncturist, Dr. Yee Kung Lok.

 

     Whereas, As late as December 1972, the practice of acupuncture was considered in Nevada to be “not sufficiently well understood to be an acceptable method for use in the practice of medicine in this State”; and

     Whereas, The Nevada Legislature became the first in the nation to declare traditional Chinese medicine, including acupuncture, a learned profession when Senate Bill No. 448 of the 1973 Session, authorizing the practice of Chinese medicine and acupuncture, was signed into law on April 20, 1973, and many states thereafter followed suit; and

     Whereas, Credit for this unprecedentedly quick change in the status of the profession largely belongs to Dr. Yee Kung Lok, who worked tirelessly for this cause; and

     Whereas, Yee Kung Lok was born in Shanghai, People’s Republic of China, on June 17, 1913, to Lok King Qu and Wong Ming Chien and studied Chinese medicine and acupuncture in Shanghai as a disciple; and

     Whereas, In 1973, Dr. Lok came to Nevada with the ambition to legalize the practice and, along with Arthur Steinberg, a patient he had treated in Hong Kong, and lobbyist Jim Joyce, began the arduous process of attaining this goal; and

     Whereas, In the ultimate illustration of the adage that seeing is believing, Dr. Lok conducted a demonstration of acupuncture in the spring of 1973, in a clinic in the Ormsby House hotel and casino across the street from the Legislative Building; and

     Whereas, Half of Nevada’s 60 lawmakers and countless members of the public put themselves under the needles of Dr. Lok during this demonstration, and with assistance from only his wife, he treated more than 100 patients every day for 3 weeks; and

     Whereas, The great majority of those patients claimed improvement, with some announcing astonishing results, such as an Assemblyman who reported that a 20-year sinus condition disappeared after needles were stuck in his forehead and alongside his nose; and

 


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ê2011 Statutes of Nevada, Page 3833 (File Number 24, ACR 9)ê

 

     Whereas, Although one of those receiving treatment professed he “would follow him to Hong Kong,” Dr. Lok graciously chose to settle in this State to continue helping Nevadans needing relief from their ailments and established a successful practice; and

     Whereas, With the passing of Dr. Yee Kung Lok in Las Vegas on January 17, 2004, Nevada lost one of its most forward-thinking leaders in the field of medicine; and

     Whereas, He is survived by his wife, Chien Ching Lok, their children and spouses Maria Ming Chu Pan and her husband Wei Pan, Dr. Peter Pak Ming Lok and his wife Merle Lok and Lucy Ming Wei Cheung and her husband Chiu Ming Cheung, as well as grandchildren Farrowe and Gerrine Pan, Henry Junwen Lok, Angela Meiwen Lok, Amanda Meihui Lok, Alvin Yao Wen Cheung and Anthony Yao Fang Cheung; now, therefore, be it

     Resolved by the Assembly of the State of Nevada, the Senate Concurring, That members of the 76th Session of the Nevada Legislature note with admiration this awe-inspiring man’s life and, with sorrow, this great loss; and be it further

     Resolved, That the Chief Clerk of the Assembly prepare and transmit a copy of this resolution to Dr. Lok’s wife, Chien Ching Lok.

________

FILE NUMBER 25, ACR 3

Assembly Concurrent Resolution No. 3–Committee on Natural Resources, Agriculture, and Mining

 

FILE NUMBER 25

 

ASSEMBLY Concurrent RESOLUTION—Urging proactive protection and restoration of the population and habitat of the greater sage grouse in Nevada.

 

     Whereas, The status of the population and habitat of the species of wild bird known as the greater sage grouse has been extensively considered in recent years throughout the natural range of the greater sage grouse, which includes the states of California, Colorado, Idaho, Montana, Nevada, North Dakota, Oregon, South Dakota, Utah, Washington and Wyoming; and

     Whereas, In the past, significant efforts have been made by numerous governmental agencies and conservation groups to address the issue of the possible listing of the greater sage grouse as an endangered or threatened species under the Endangered Species Act of 1973, 16 U.S.C. §§ 1531 et seq.; and

     Whereas, In 2005, the Nevada Legislature adopted Senate Concurrent Resolution No. 15, File No. 48, Statutes of Nevada 2005, at page 3022, in which the efforts of those agencies and groups were recognized and all persons involved were encouraged to contribute their efforts to maintain their successful strategies to ensure that greater sage grouse populations and habitat could be restored and an ecological crisis averted; and

     Whereas, On March 23, 2010, after extensive litigation, the United States Fish and Wildlife Service issued its findings concerning the status of the population and habitat of the greater sage grouse; and

 


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ê2011 Statutes of Nevada, Page 3834 (File Number 25, ACR 3)ê

 

     Whereas, In those findings, the United States Fish and Wildlife Service indicated that both the rangewide population of the greater sage grouse and a distinct population segment of the greater sage grouse located in portions of California and Nevada warranted listing as an endangered or threatened species, but the listing was currently precluded because of the listing of other species having a higher priority; and

     Whereas, Although the greater sage grouse has been designated as a candidate species, the United States Fish and Wildlife Service has indicated it will continue to monitor the status of the greater sage grouse to determine whether that designation or level of priority should be changed; and

     Whereas, The Natural Resources Conservation Service of the United States Department of Agriculture maintains several programs to provide limited federal assistance to owners of land who wish to join in efforts to conserve habitat for wildlife, including the Wildlife Habitat Incentive Program, which provides up to 75 percent cost-sharing assistance to improve fish and wildlife habitat, and the Environmental Quality Incentives Program, which offers financial and technical assistance to eligible farmers, ranchers and landowners to install or carry out approved conservation practices on eligible agricultural land; and

     Whereas, In 2004, the Greater Sage-Grouse Conservation Plan for Nevada and Eastern California was published under the direction of former Governor Guinn, which contained an assessment of greater sage grouse populations in Nevada, the risks facing those populations, strategies to reduce those risks and methods to carry out and monitor the effectiveness of those strategies; and

     Whereas, Acquiring and maintaining sufficient sources of money and other funding to carry out the Greater Sage-Grouse Conservation Plan for Nevada and Eastern California and other federal, state and local programs to assist in conserving wildlife habitat and creating projects to ensure the health and habitat of the greater sage grouse throughout its natural range is absolutely essential to prevent the listing of the greater sage grouse as an endangered or threatened species; now, therefore, be it

     Resolved by the Assembly of the State of Nevada, the Senate Concurring, That the members of the 76th Session of the Nevada Legislature hereby urge each state and local governmental agency, each user of public lands, each member of a conservation group and any other person who is involved in activities to improve the population of the greater sage grouse and to prevent the greater sage grouse from being listed as an endangered or threatened species to engage in those activities in a positive and proactive manner to ensure the protection and restoration of the population and habitat of the greater sage grouse and to mitigate any future damage to that habitat and population in Nevada; and be it further

     Resolved, That the members of the 76th Session of the Nevada Legislature hereby recognize the need for acquiring and maintaining sources of money and other funding to assist in the efforts to protect and restore the habitat and population of the greater sage grouse and encourage all persons involved to continue in their efforts to acquire and use those sources of money and other funding for that purpose; and be it further

     Resolved, That the Chief Clerk of the Assembly prepare and transmit a copy of this resolution to the Governor, the Director of the State Department of Conservation and Natural Resources, the University of Nevada Cooperative Extension and the Director of the Department of Wildlife for distribution to the conservation groups which have participated in the effort to prevent the greater sage grouse from being listed as an endangered or threatened species.

 


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ê2011 Statutes of Nevada, Page 3835 (File Number 25, ACR 3)ê

 

Cooperative Extension and the Director of the Department of Wildlife for distribution to the conservation groups which have participated in the effort to prevent the greater sage grouse from being listed as an endangered or threatened species.

________

FILE NUMBER 26, SJR 14

Senate Joint Resolution No. 14–Committee on Judiciary

 

FILE NUMBER 26

 

Senate Joint RESOLUTION—Proposing to amend the Nevada Constitution to create an intermediate appellate court.

 

Legislative Counsel’s Digest:

       This resolution proposes an amendment to the Nevada Constitution to create an intermediate appellate court, known as the court of appeals. The court of appeals will consist of three judges, but the Legislature may by law increase the number of judges. The initial three judges must be appointed by the Governor from among three nominees for each seat chosen by the Commission on Judicial Selection. These initial judges will be appointed for a term of 2 years beginning on the first Monday of January of the year following the effective date of this constitutional amendment. After the initial terms, the judges of the court of appeals will be elected at the general election to serve a term of 6 years.

       The court of appeals will have appellate jurisdiction in civil cases arising in district courts and in criminal cases within the original jurisdiction of the district courts. The Nevada Supreme Court must fix the jurisdiction of the court of appeals by rule and provide for the review of appeals decided by the court of appeals. In addition, the Nevada Supreme Court must provide by rule for the assignment of one or more judges of the court of appeals to devote a part of their time to serve as supplemental district judges, where needed.

 

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 3A, be added to Article 6 of the Nevada Constitution to read as follows:

     Sec. 3A.  1.  The court of appeals consists of three judges or such greater number as the Legislature may provide by law. If the number of judges is so increased, the Supreme Court must provide by rule for the assignment of each appeal to a panel of three judges for decision.

     2.  After the initial terms, each judge of the court of appeals must be elected by the qualified electors of this State at the general election for a term of 6 years beginning on the first Monday of January next after the election. The initial three judges of the court of appeals must be appointed by the Governor from among three nominees selected for each individual seat by the permanent Commission on Judicial Selection described in subsection 3 of section 20 of this Article. After the expiration of 30 days from the date on which the permanent Commission on Judicial Selection has delivered to the Governor its list of nominees for the initial judges, if the Governor has not made the appointments required by this Section, the Governor shall make no other appointment to any public office until the Governor has appointed a judge from the list submitted.

 


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ê2011 Statutes of Nevada, Page 3836 (File Number 26, SJR 14)ê

 

public office until the Governor has appointed a judge from the list submitted. The term of the initial judges is 2 years beginning on the first Monday of January next after the effective date of this Section, and an initial judge may succeed himself. If there is an increase in the number of judges, each additional judge must be elected by the qualified electors of this State at the first general election following the increase for a term of 6 years beginning on the first Monday of January next after the election.

     3.  The Chief Justice of the Supreme Court shall appoint one of the judges of the court of appeals to be chief judge. The chief judge serves a term of 4 years, except that the term of the initial chief judge is 2 years. The chief judge may succeed himself. The chief judge may resign the position of chief judge without resigning from the court of appeals.

     4.  The Supreme Court shall provide by rule for the assignment of one or more judges of the court of appeals to devote a part of their time to serve as supplemental district judges, where needed.

And be it further

     Resolved, That Section 1 of Article 6 of the Nevada Constitution be amended to read as follows:

     Section 1.  The judicial power of this State [shall be] is vested in a court system, comprising a Supreme Court, a court of appeals, district courts [,] and justices of the peace. The Legislature may also establish, as part of the system, courts for municipal purposes only in incorporated cities and towns.

And be it further

     Resolved, That Section 4 of Article 6 of the Nevada Constitution be amended to read as follows:

     Sec. 4.  1.  The Supreme Court [shall] and the court of appeals have appellate jurisdiction in all civil cases arising in district courts, and also on questions of law alone in all criminal cases in which the offense charged is within the original jurisdiction of the district courts. The Supreme Court shall fix by rule the jurisdiction of the court of appeals and shall provide for the review, where appropriate, of appeals decided by the court of appeals. The [court shall also] Supreme Court and the court of appeals have power to issue writs of mandamus, certiorari, prohibition, quo warranto [,] and habeas corpus and also all writs necessary or proper to the complete exercise of [its appellate] their jurisdiction. Each [of the justices shall have power to] justice of the Supreme Court and judge of the court of appeals may issue writs of habeas corpus to any part of the State, upon petition by, or on behalf of, any person held in actual custody [,] in this State and may make such writs returnable [,] before [himself] the issuing justice or judge or the [Supreme Court,] court of which the justice or judge is a member, or before any district court in the State or [before] any judge of [said courts.] a district court.

     2.  In case of the disability or disqualification, for any cause, of [the Chief Justice or one of the associate justices] a justice of the Supreme Court, [or any two of them,] the Governor [is authorized and empowered to] may designate [any] a judge of the court of appeals or a district judge [or judges] to sit in the place [or places] of [such] the disqualified or disabled justice . [or justices, and said judge or judges so designated shall receive their] The judge designated by the Governor is entitled to receive his actual expense of travel and otherwise while sitting in the Supreme Court.

 


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ê2011 Statutes of Nevada, Page 3837 (File Number 26, SJR 14)ê

 

judges so designated shall receive their] The judge designated by the Governor is entitled to receive his actual expense of travel and otherwise while sitting in the Supreme Court.

     3.  In the case of the disability or disqualification, for any cause, of a judge of the court of appeals, the Governor may designate a district judge to sit in the place of the disabled or disqualified judge. The judge whom the Governor designates is entitled to receive his actual expense of travel and otherwise while sitting in the court of appeals.

And be it further

     Resolved, That Section 7 of Article 6 of the Nevada Constitution be amended to read as follows:

     Sec. 7.  The times of holding the Supreme Court , the court of appeals and the district courts [shall] must be as fixed by law. The terms of the Supreme Court [shall] must be held at the seat of government unless the Legislature otherwise provides by law, except that the Supreme Court may hear oral argument at other places in the State. The terms of the court of appeals must be held at the place provided by law. The terms of the district courts [shall] must be held at the county seats of their respective counties unless the Legislature otherwise provides by law.

And be it further

     Resolved, That Section 8 of Article 6 of the Nevada Constitution be amended to read as follows:

     Sec. 8.  1.  The Legislature shall determine the number of justices of the peace to be elected in each city and township of the State [,] and shall fix by law their qualifications, their terms of office and the limits of their civil and criminal jurisdiction, according to the amount in controversy, the nature of the case, the penalty provided [,] or any combination of these.

     2.  The provisions of this section affecting the number, qualifications, terms of office and jurisdiction of justices of the peace become effective on the first Monday of January, 1979.

     3.  The Legislature shall also prescribe by law the manner, and determine the cases , in which appeals may be taken from justices and other courts. The Supreme Court, the court of appeals, the district courts [,] and such other courts [,] as the Legislature [shall designate, shall be] designates are courts of record.

And be it further

     Resolved, That Section 11 of Article 6 of the Nevada Constitution be amended to read as follows:

     Sec. 11.  The justices of the Supreme Court , the judges of the court of appeals and the district judges [shall be] are ineligible to any office, other than a judicial office, during the term for which they [shall] have been elected or appointed . [; and all] All elections or appointments of any such judges by the people, Legislature [,] or otherwise [,] during said period [,] to any office other than judicial [, shall be] are void.

And be it further

 


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ê2011 Statutes of Nevada, Page 3838 (File Number 26, SJR 14)ê

 

     Resolved, That Section 15 of Article 6 of the Nevada Constitution be amended to read as follows:

     Sec. 15.  The justices of the Supreme Court , the judges of the court of appeals and the district judges [shall] are each entitled to receive for their services a compensation to be fixed by law and paid in the manner provided by law, which [shall] must not be increased or diminished during the term for which they [shall] have been elected, unless a vacancy occurs, in which case the successor of the former incumbent [shall] is entitled to receive only such salary as may be provided by law at the time of his election or appointment . [; and provision shall] A provision must be made by law for setting apart from each year’s revenue a sufficient amount of money [,] to pay such compensation.

And be it further

     Resolved, That Section 20 of Article 6 of the Nevada Constitution be amended to read as follows:

     Sec. 20.  1.  When a vacancy occurs before the expiration of any term of office in the Supreme Court or the court of appeals or among the district judges, the Governor shall appoint a justice or judge from among three nominees selected for such individual vacancy by the Commission on Judicial Selection.

     2.  The term of office of any justice or judge so appointed expires on the first Monday of January following the next general election.

     3.  Each nomination for the Supreme Court [shall] or the court of appeals must be made by the permanent Commission, composed of:

     (a) The Chief Justice or an associate justice designated by him;

     (b) Three members of the State Bar of Nevada, a public corporation created by statute, appointed by its Board of Governors; and

     (c) Three persons, not members of the legal profession, appointed by the Governor.

     4.  Each nomination for the district court [shall] must be made by a temporary commission composed of:

     (a) The permanent Commission;

     (b) A member of the State Bar of Nevada resident in the judicial district in which the vacancy occurs, appointed by the Board of Governors of the State Bar of Nevada; and

     (c) A resident of such judicial district, not a member of the legal profession, appointed by the Governor.

     5.  If at any time the State Bar of Nevada ceases to exist as a public corporation or ceases to include all attorneys admitted to practice before the courts of this State, the Legislature shall provide by law, or if it fails to do so the Supreme Court shall provide by rule, for the appointment of attorneys at law to the positions designated in this Section to be occupied by members of the State Bar of Nevada.

     6.  The term of office of each appointive member of the permanent Commission, except the first members, is 4 years. Each appointing authority shall appoint one of the members first appointed for a term of 2 years. If a vacancy occurs, the appointing authority shall fill the vacancy for the unexpired term. The additional members of a temporary commission [shall] must be appointed when a vacancy occurs, and their terms [shall] expire when the nominations for such vacancy have been transmitted to the Governor.

 


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ê2011 Statutes of Nevada, Page 3839 (File Number 26, SJR 14)ê

 

occurs, and their terms [shall] expire when the nominations for such vacancy have been transmitted to the Governor.

     7.  An appointing authority shall not appoint to the permanent Commission more than:

     (a) One resident of any county.

     (b) Two members of the same political party.

No member of the permanent Commission may be a member of [a] the Commission on Judicial Discipline.

     8.  After the expiration of 30 days from the date on which the Commission on Judicial Selection has delivered to him its list of nominees for any vacancy, if the Governor has not made the appointment required by this Section, he shall make no other appointment to any public office until he has appointed a justice or judge from the list submitted.

[If a commission on judicial selection is established by another section of this Constitution to nominate persons to fill vacancies on the Supreme Court, such commission shall serve as the permanent Commission established by subsection 3 of this Section.]

And be it further

     Resolved, That Section 21 of Article 6 of the Nevada Constitution be amended to read as follows:

     Sec. 21.  1.  A justice of the Supreme Court, a judge of the court of appeals, a district judge, a justice of the peace or a municipal judge may, in addition to the provision of Article 7 for impeachment, be censured, retired, removed or otherwise disciplined by the Commission on Judicial Discipline. Pursuant to rules governing appeals adopted by the Supreme Court, a justice or judge may appeal from the action of the Commission to the Supreme Court, which may reverse such action or take any alternative action provided in this subsection.

     2.  The Commission is composed of:

     (a) Two justices or judges appointed by the Supreme Court;

     (b) Two members of the State Bar of Nevada, a public corporation created by statute, appointed by its Board of Governors; and

     (c) Three persons, not members of the legal profession, appointed by the Governor.

The Commission shall elect a Chairman from among its three lay members.

     3.  If at any time the State Bar of Nevada ceases to exist as a public corporation or ceases to include all attorneys admitted to practice before the courts of this State, the Legislature shall provide by law, or if it fails to do so the Supreme Court shall provide by rule, for the appointment of attorneys at law to the positions designated in this Section to be occupied by members of the State Bar of Nevada.

     4.  The term of office of each appointive member of the Commission, except the first members, is 4 years. Each appointing authority shall appoint one of the members first appointed for a term of 2 years. If a vacancy occurs, the appointing authority shall fill the vacancy for the unexpired term. An appointing authority shall not appoint more than one resident of any county. The Governor shall not appoint more than two members of the same political party.

 


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ê2011 Statutes of Nevada, Page 3840 (File Number 26, SJR 14)ê

 

appoint more than two members of the same political party. No member may be a member of a commission on judicial selection.

     5.  The Legislature shall establish:

     (a) In addition to censure, retirement and removal, the other forms of disciplinary action that the Commission may impose;

     (b) The grounds for censure and other disciplinary action that the Commission may impose, including, but not limited to, violations of the provisions of the Code of Judicial Conduct;

     (c) The standards for the investigation of matters relating to the fitness of a justice or judge; and

     (d) The confidentiality or nonconfidentiality, as appropriate, of proceedings before the Commission, except that, in any event, a decision to censure, retire or remove a justice or judge must be made public.

     6.  The Supreme Court shall adopt a Code of Judicial Conduct.

     7.  The Commission shall adopt rules of procedure for the conduct of its hearings and any other procedural rules it deems necessary to carry out its duties.

     8.  No justice or judge may by virtue of this Section be:

     (a) Removed except for willful misconduct, willful or persistent failure to perform the duties of his office or habitual intemperance; or

     (b) Retired except for advanced age which interferes with the proper performance of his judicial duties, or for mental or physical disability which prevents the proper performance of his judicial duties and which is likely to be permanent in nature.

     9.  Any matter relating to the fitness of a justice or judge may be brought to the attention of the Commission by any person or on the motion of the Commission. The Commission shall, after preliminary investigation, dismiss the matter or order a hearing to be held before it. If a hearing is ordered, a statement of the matter [shall] must be served upon the justice or judge against whom the proceeding is brought. The Commission in its discretion may suspend a justice or judge from the exercise of his office pending the determination of the proceedings before the Commission. Any justice or judge whose removal is sought is liable to indictment and punishment according to law. A justice or judge retired for disability in accordance with this Section is entitled thereafter to receive such compensation as the Legislature may provide.

     10.  If a proceeding is brought against a justice of the Supreme Court, no justice of the Supreme Court may sit on the Commission for that proceeding. If a proceeding is brought against a judge of the court of appeals, no judge of the court of appeals may sit on the Commission for that proceeding. If a proceeding is brought against a district judge, no district judge from the same judicial district may sit on the Commission for that proceeding. If a proceeding is brought against a justice of the peace, no justice of the peace from the same township may sit on the Commission for that proceeding. If a proceeding is brought against a municipal judge, no municipal judge from the same city may sit on the Commission for that proceeding. If an appeal is taken from an action of the Commission to the Supreme Court, any justice who sat on the Commission for that proceeding is disqualified from participating in the consideration or decision of the appeal.

 


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ê2011 Statutes of Nevada, Page 3841 (File Number 26, SJR 14)ê

 

appeal. When any member of the Commission is disqualified by this subsection, the Supreme Court shall appoint a substitute from among the eligible judges.

     11.  The Commission may:

     (a) Designate for each hearing an attorney or attorneys at law to act as counsel to conduct the proceeding;

     (b) Summon witnesses to appear and testify under oath and compel the production of books, papers, documents and records;

     (c) Grant immunity from prosecution or punishment when the Commission deems it necessary and proper in order to compel the giving of testimony under oath and the production of books, papers, documents and records; and

     (d) Exercise such further powers as the Legislature may from time to time confer upon it.

And be it further

     Resolved, That Section 3 of Article 7 of the Nevada Constitution be amended to read as follows:

     [Sec:] Sec. 3.  For any reasonable cause to be entered on the journals of each House, which may [,] or may not be sufficient grounds for impeachment, the [Chief Justice and associate] justices of the Supreme Court , the judges of the court of appeals and the judges of the district courts [shall] must be removed from office on the vote of two thirds of the members elected to each branch of the Legislature . [, and the] The justice or judge complained of [, shall] must be served with a copy of the complaint against him, and [shall] have an opportunity of being heard in person or by counsel in his defense . [, provided, that no] No member of either branch of the Legislature [shall be] is eligible to fill the vacancy occasioned by such removal.

And be it further

     Resolved, That Section 8 of Article 15 of the Nevada Constitution be amended to read as follows:

     [Sec:] Sec. 8.  The Legislature shall provide for the speedy publication of all statute laws of a general nature [,] and such decisions of the Supreme Court [,] and the court of appeals as it may deem expedient . [; and all] All laws and judicial decisions [shall] must be free for publication by any person . [; provided, that no] No judgment of the Supreme Court or the court of appeals shall take effect and be operative until the opinion of the court in such case [shall be] is filed with the clerk of said court.

________

 


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ê2011 Statutes of Nevada, Page 3842ê

 

FILE NUMBER 27, SJR 8

Senate Joint Resolution No. 8–Senators Rhoads; Brower, Cegavske, Gustavson, Halseth, Hardy, Horsford, Kieckhefer, McGinness, Roberson and Settelmeyer

 

FILE NUMBER 27

 

Senate Joint RESOLUTION—Urging Congress to enact legislation or take other appropriate action to expedite and streamline the requirements for conducting mining operations in this State.

 

     Whereas, Since the earliest days of statehood, the State of Nevada has been known for containing vast deposits of minerals located throughout the State, including copper, gold, silver, lithium, molybdenum, barite and other minerals essential to the security, economy, technological innovation, conventional and renewable energy infrastructure and daily life of the United States; and

     Whereas, Because of the availability of those mineral deposits, mining is an important industry in the State of Nevada and has traditionally provided many high-paying jobs for local communities and has contributed to the communities in other ways such as investing in infrastructure and services for those communities; and

     Whereas, The reliance of the United States on foreign sources of many important minerals impedes economic recovery, limits economic growth and creates vulnerabilities in the chain of supply that potentially threatens the national security of the United States; and

     Whereas, Increasing the amount of production of Nevada’s minerals, including, without limitation, copper, gold and silver, that are exported worldwide would aid in the reduction of the trade deficit of the United States and would thus be highly beneficial to the national economy; and

     Whereas, Mining supports a significant portion of the local economies of rural Nevada and creates jobs that pay employees an average of $81,800 per year; and

     Whereas, Exploration for minerals is a source of capital investment in Nevada, supports the discovery of new mineral deposits that may become future or expanded mines, contributes significantly to state and local tax revenues and provides other economic benefits to Nevada and local economies in Nevada; and

     Whereas, Because approximately 87 percent of the land in Nevada is managed and controlled by the Federal Government, most mineral exploration and mining activities occur entirely or partially on federal land and permits must be secured for those activities from the Bureau of Land Management and the United States Forest Service; and

     Whereas, The permitting processes of the Bureau of Land Management and the United States Forest Service for mineral exploration and mine development are the source of significant and problematic delays that cost jobs, injure Nevada’s economy and impede national economic interests; and

     Whereas, An estimated 2,500 high-paying mining jobs are currently being delayed for an unspecified and unreasonable period because those permitting processes often require 3 years or longer to complete; and

     Whereas, Delays in the permitting process for mineral exploration projects are creating a significant delay in the rate of discovery of new mineral deposits that may be developed into new or expanded mines; and

 


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ê2011 Statutes of Nevada, Page 3843 (File Number 27, SJR 8)ê

 

     Whereas, Delays in the permitting process and the resulting reduction in the rate of discovery of new mineral deposits are significant reasons that gold and silver production from mines in Nevada has declined dramatically in the last decade, which has resulted in unrealized jobs and tax revenues that would otherwise be generated from those mines; and

     Whereas, The process of the Bureau of Land Management for the review and publication of notices in the Federal Register announcing the intent of the Bureau of Land Management to prepare an environmental impact statement and the availability of draft and final environmental impact statements often add up to 1 year to the mine permitting process; and

     Whereas, Expediting the permitting processes of the Bureau of Land Management and the United States Forest Service to materially diminish the time required to approve mineral exploration and mine development projects would make a significant contribution to Nevada’s economy and the national economic interests by increasing mining and mineral exploration jobs and increasing tax revenues from mining, including, without limitation, revenues from sales and use taxes, net proceeds taxes, modified business taxes and property taxes; and

     Whereas, Implementing procedures to expedite the permitting of mineral exploration and mine development projects is of equal importance to the economy of Nevada and the United States as the similarly expedited permitting schemes already endorsed for renewable energy projects; now, therefore, be it

     Resolved by the Senate and Assembly of the State of Nevada, Jointly, That the members of the 76th Session of the Nevada Legislature hereby urge Congress to enact legislation or take other appropriate action directing the Secretary of Agriculture, the Secretary of the Interior, the Chief of the United States Forest Service, the Director of the Bureau of Land Management, the Director of the Nevada State Office of the Bureau of Land Management and the Forest Supervisor for the Humboldt-Toiyabe National Forest to pursue, together with the appropriate governmental entities in this State, methods and procedures that expedite or may expedite the permitting processes for mineral exploration and development of mines in this State; and be it further

     Resolved, That the Secretary of the Interior and the Director of the Bureau of Land Management are hereby urged to eliminate any burdensome and unreasonable delays associated with the process of the Bureau of Land Management for the review and publication of notices in the Federal Register; and be it further

     Resolved, That, cooperatively with the appropriate governmental entities in this State, the Secretary of Agriculture, the Secretary of the Interior, the Chief of the United States Forest Service, the Director of the Bureau of Land Management, the Director of the Nevada State Office of the Bureau of Land Management and the Forest Supervisor for the Humboldt-Toiyabe National Forest are hereby urged to establish streamlined permitting time frames consistent with the goals of this State for economic recovery and with national economic interests; and be it further

     Resolved, That such a streamlined permitting process must include the following requirements:

 


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ê2011 Statutes of Nevada, Page 3844 (File Number 27, SJR 8)ê

 

     1.  The Bureau of Land Management should approve or deny any project that requires a notice within 15 calendar days after the date of submittal of a complete notice application;

     2.  The United States Forest Service should approve or deny any small exploration project that may be evaluated with a categorical exclusion within 4 months after the date of submittal of a complete application for the small exploration project;

     3.  The Bureau of Land Management and the United States Forest Service should approve or deny any project that requires an exploration plan of operation within 4 months after the date of submittal of a complete application for the plan of operation;

     4.  The Bureau of Land Management’s process for review and publication of notices in the Federal Register announcing the intent of the Bureau of Land Management to prepare an environmental impact statement or announcing the availability of a draft and final environmental impact statement should be completed in 2 weeks; and

     5.  The Bureau of Land Management and the United States Forest Service should approve or deny a plan of operation for a mining project within 12 months after the date of submittal of a complete plan of operation for that mining project; and be it further

     Resolved, That Congress is hereby urged to enact legislation or take other appropriate action directing the Secretary of Agriculture, the Secretary of the Interior, the Chief of the United States Forest Service, the Director of the Bureau of Land Management, the Director of the Nevada Office of the Bureau of Land Management and the Forest Supervisor for the Humboldt-Toiyabe National Forest to provide quarterly progress reports to Congress, the Speaker of the Nevada Assembly, the Majority Leader of the Nevada Senate and the Governor of Nevada setting forth the following information:

     1.  A list specifying each proposed mineral exploration and mining project that the Bureau of Land Management and the United States Forest Service are reviewing and the date that the Bureau of Land Management and the United States Forest Service began reviewing each of those projects;

     2.  The anticipated target date on which each proposed mineral exploration and mining project permit will be approved or denied;

     3.  An assessment of the performance of the Bureau of Land Management and the United States Forest Service in meeting the streamlined permitting objectives;

     4.  If the streamlined permitting objectives have not or may not be met, a detailed explanation of the reasons for failing to meet those objectives; and

     5.  Any additional resources that the Bureau of Land Management and the United States Forest Service need to meet the requirements of the streamlined permitting process; and be it further

     Resolved, That Congress is hereby urged to enact legislation or take other appropriate action directing the Secretary of Agriculture, the Secretary of the Interior, the Chief of the United States Forest Service, the Director of the Bureau of Land Management, the Director of the Nevada State Office of the Bureau of Land Management and the Forest Supervisor for the Humboldt-Toiyabe National Forest to take all necessary steps to provide adequate staffing and resources consistent with achieving the streamlined permitting objectives; and be it further

 


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ê2011 Statutes of Nevada, Page 3845 (File Number 27, SJR 8)ê

 

     Resolved, That the Secretary of the Senate prepare and transmit a copy of this resolution to the Vice President of the United States as the presiding officer of the United States Senate, the Speaker of the House of Representatives and each member of the Nevada Congressional Delegation; and be it further

     Resolved, That this resolution becomes effective upon passage.

________

FILE NUMBER 28, SCR 10

Senate Concurrent Resolution No. 10–Senators Rhoads, McGinness; Breeden, Brower, Cegavske, Copening, Denis, Gustavson, Halseth, Hardy, Horsford, Kieckhefer, Kihuen, Lee, Leslie, Manendo, Parks, Roberson, Schneider, Settelmeyer and Wiener

 

Joint Sponsors: Assemblymen Hickey; Aizley, Anderson, Atkinson, Benitez-Thompson, Bobzien, Brooks, Bustamante Adams, Carlton, Carrillo, Conklin, Daly, Diaz, Dondero Loop, Ellison, Flores, Frierson, Goedhart, Goicoechea, Grady, Hambrick, Hammond, Hansen, Hardy, Hogan, Horne, Kirkpatrick, Kirner, Kite, Livermore, Mastroluca, McArthur, Munford, Neal, Oceguera, Ohrenschall, Pierce, Segerblom, Sherwood, Smith, Stewart and Woodbury

 

FILE NUMBER 28

 

Senate Concurrent RESOLUTION—Memorializing former state Senator Raymond C. Shaffer.

 

     Whereas, The members of the Nevada Legislature are mourning the loss of an exemplary citizen, honorable war veteran and one of their esteemed colleagues, former state Senator Raymond C. Shaffer; and

     Whereas, Born in 1932 in Wilkes-Barre, Pennsylvania, Ray attended Youngstown College in Ohio before enlisting in the United States Marine Corps; and

     Whereas, He nobly served his country as a sergeant in the Korean War and was a life member of the Disabled American Veterans; and

     Whereas, Senator Shaffer worked for the public good as a civilian, in the position of the Building Director of the City of North Las Vegas, until his retirement in 1989; and

     Whereas, In addition, he was deeply committed to issues he found to be of utmost importance, serving on the Western States Water Policy Committee and as a member of the North Las Vegas Township Democratic Club; and

     Whereas, This exceptional Nevadan also engaged in volunteering for the betterment of the lives of his neighbors as an active member of the North Las Vegas Host Lions Club, and, in addition to dutifully performing the duties of the President of the Club, was recognized as Lion of the Year in 1996; and

     Whereas, Senator Shaffer began his impressive career as a State Legislator in 1984 and worked tirelessly for 20 years to pass legislation relating to education, renewable energy, water issues, veterans’ rights and senior citizens’ issues; and

 


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ê2011 Statutes of Nevada, Page 3846 (File Number 28, SCR 10)ê

 

     Whereas, This revered statesman’s experience and wisdom were invaluable to the numerous committees he served on, including the Legislative Commission, and to his role as Senate Majority Whip in the 1991 Legislative Session; and

     Whereas, In his leisure time, Ray enjoyed spending time in Coronado, California, and was a member of the Coronado Yacht Club; and

     Whereas, Senator Shaffer is survived by his wife of 32 years, Sharon, who was active with him in his political career and was by his side throughout his long battle with Lewy Body Dementia, by his children Thomas J. Shaffer, Robin King, Cindy Sipple, James R. Shaffer and Diane Shaffer, by his brothers Frederick Shaffer, Robert Shaffer, Lawrence Shaffer, William Shaffer and Jerry Shaffer, by his sisters Mary Cerami and Ruth Hughes and also by his eight grandchildren and several great-grandchildren; and

     Whereas, He will be remembered for his admirable career in public service, his status as an honorable veteran and his wonderful sense of humor; now, therefore, be it

     Resolved by the Senate of the State of Nevada, the Assembly Concurring, That the members of the 76th Session of the Nevada Legislature hereby extend their sincerest condolences to Senator Shaffer’s family and friends; and be it further

     Resolved, That the Secretary of the Senate prepare and transmit a copy of this resolution to Raymond Shaffer’s wife Sharon.

________

FILE NUMBER 29, SCR 11

Senate Concurrent Resolution No. 11–Senators Kieckhefer, Brower; Breeden, Cegavske, Copening, Denis, Gustavson, Halseth, Hardy, Horsford, Kihuen, Lee, Leslie, Manendo, McGinness, Parks, Rhoads, Roberson, Schneider, Settelmeyer and Wiener

 

Joint Sponsors: Assemblymen Anderson; Aizley, Atkinson, Benitez-Thompson, Bobzien, Brooks, Bustamante Adams, Carlton, Carrillo, Conklin, Daly, Diaz, Dondero Loop, Ellison, Flores, Frierson, Goedhart, Goicoechea, Grady, Hambrick, Hammond, Hansen, Hardy, Hickey, Hogan, Horne, Kirkpatrick, Kirner, Kite, Livermore, Mastroluca, McArthur, Munford, Neal, Oceguera, Ohrenschall, Pierce, Segerblom, Sherwood, Smith, Stewart and Woodbury

 

FILE NUMBER 29

 

Senate Concurrent RESOLUTION—Memorializing career military officer Colonel Jerry Bussell (Retired).

 

     Whereas, The members of the Nevada Legislature mourn the passing on October 18, 2010, of career military officer Colonel Jerry Bussell (Retired); and

     Whereas, Born July 31, 1943, in Parsons, Tennessee, to farmers of modest means, Jerry moved to Las Vegas at the age of 15 and later attended the University of Tennessee at Martin, where he entered the Reserve Officer Training Corps and received a bachelor of science degree and a Regular Army commission in 1967; and

 


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ê2011 Statutes of Nevada, Page 3847 (File Number 29, SCR 11)ê

 

the University of Tennessee at Martin, where he entered the Reserve Officer Training Corps and received a bachelor of science degree and a Regular Army commission in 1967; and

     Whereas, Colonel Bussell went on to build a stellar military career and to become a staunch supporter of education, two subjects about which he was passionate; and

     Whereas, After proudly serving in Vietnam and achieving the rank of Captain, Colonel Bussell transferred back to Las Vegas because of an illness in his family, and in 1972, he resigned his Regular Army commission to join the Nevada Army National Guard, rising to the rank of full Colonel in 1987; and

     Whereas, In 1985, then Lieutenant Colonel Bussell directed a 181-vehicle convoy in 110 degree heat between Henderson, Nevada, and Fort Irwin, California, a 300-mile round-trip through the Mojave Desert, causing Soviet Union intelligence to reassess the strength and training of American reserve units and earning him the Draper Armor Leadership Award, and for an unprecedented 2 consecutive years, his unit received the most coveted award in Armor, the Goodrich Riding Trophy, and both awards were attributed to his great leadership skills; and

     Whereas, After retiring from the military in 1993, Jerry pursued his love of golf until called back into service by Governor Kenny Guinn in 2002 to serve as Special Advisor for Homeland Security, then as Chair of the Nevada Commission on Homeland Security, and the Colonel made it his mission every day to make the State a safer place than it was the day before following the terrorist attacks of September 11, 2001; and

     Whereas, Colonel Bussell had the heart and mind of a warrior and, with one of his lifelong missions being to improve the lives of soldiers, had the opportunity to combine his military expertise with his enthusiasm for education when he became the Executive Director of Operations to implement the Telemedicine and Advanced Technology Research Center grant for the Division of Educational Outreach of the University of Nevada, Las Vegas, where his team developed a blended-learning approach to improve the military’s Combat Life Saving training and methods for training all soldiers to treat battlefield injuries, thus saving the lives of many of those injured during combat; and

     Whereas, The Colonel was key in the establishment of the Nevada Patriot Fund (now the Nevada Military Support Alliance) which provides personal and financial assistance to the families of Nevada servicemen and women killed in the line of duty; and

     Whereas, In addition to the numerous military awards he received, Colonel Bussell received the 2010 Distinguished Nevadan award, one of the highest honors bestowed by the Nevada System of Higher Education, for his many contributions to education in this State; and

     Whereas, Colonel Bussell had been planning to run for the Board of Regents because he loved the University of Nevada, Las Vegas, so much that he thought it was the perfect way to contribute and to put his leadership skills and expertise to work; now, therefore, be it

     Resolved by the Senate of the State of Nevada, the Assembly Concurring, That the members of the 76th Nevada Legislature offer their deepest condolences to Colonel Jerry Bussell’s wife Pat Lundvall, who said of him that “He was charming, the most charismatic man you’d ever meet”; and be it further

 


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ê2011 Statutes of Nevada, Page 3848 (File Number 29, SCR 11)ê

 

     Resolved, That the Secretary of the Senate prepare and transmit a copy of this resolution to Pat, Colonel Bussell’s cherished wife of 28 years.

________

FILE NUMBER 30, SCR 12

Senate Concurrent Resolution No. 12–Senators Kihuen, Denis; Breeden, Brower, Cegavske, Copening, Gustavson, Halseth, Hardy, Horsford, Kieckhefer, Lee, Leslie, Manendo, McGinness, Parks, Rhoads, Roberson, Schneider, Settelmeyer and Wiener

 

Joint Sponsors: Assemblymen Diaz, Segerblom, Bustamante Adams, Benitez-Thompson, Brooks; Aizley, Anderson, Atkinson, Bobzien, Carlton, Carrillo, Conklin, Daly, Dondero Loop, Ellison, Flores, Frierson, Goedhart, Goicoechea, Grady, Hambrick, Hammond, Hansen, Hardy, Hickey, Hogan, Horne, Kirkpatrick, Kirner, Kite, Livermore, Mastroluca, McArthur, Munford, Neal, Oceguera, Ohrenschall, Pierce, Sherwood, Smith, Stewart and Woodbury

 

FILE NUMBER 30

 

senate Concurrent RESOLUTION—Memorializing visionary leader, businessman and advocate Edmundo “Eddie” Escobedo, Sr.

 

     Whereas, With great sadness and expressions of tremendous loss, Nevadans mourned the passing of Edmundo “Eddie” Escobedo, Sr., on October 15, 2010; and

     Whereas, Eddie was born in Mexico in 1932 and after moving to El Paso, Texas, enlisted in the United States Air Force and served at Nellis Air Force Base, where he worked with sheet metal and as a jet mechanic and parachute rigger, sometimes packing parachutes for the world-famous Thunderbirds; and

     Whereas, After his honorable discharge, this energetic young man adopted Las Vegas as his hometown, worked two jobs for several years, saved his money and entered the entertainment arena as a promoter of movie stars and performers in various arts; and

     Whereas, Eddie later opened a movie theater and was elected three times as President of the Spanish Pictures Exhibitors Association, and while serving in that role, brought to Las Vegas the annual conventions that are the Spanish version of the Oscars; and

     Whereas, In 1980, Eddie took a step into the world of written media when he and his eldest son began publishing a small weekly newspaper, El Mundo, which began with 16 pages and advertising that was practically given away but today has a circulation of close to 40,000 and is an undisputed voice of Hispanics in Nevada; and

     Whereas, Because of the tremendous success of El Mundo, Eddie was chosen as President of the National Association of Hispanic Publications and President of the National Hispanic Press Foundation, and in that capacity, he raised large amounts of money for scholarships and internships; and

     Whereas, Other business endeavors in Las Vegas included co-ownership of a highly successful radio station in the Spanish language, investments in real estate and construction of the Escobedo Professional Plaza; and

 


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ê2011 Statutes of Nevada, Page 3849 (File Number 30, SCR 12)ê

 

     Whereas, While this visionary leader, businessman and advocate for the Hispanic community was the epitome of the American Dream, he was never too busy living that dream to spend countless hours to support, encourage and inspire others through individual efforts, through the establishment and promotion of community organizations and events and in the political sphere, volunteering in campaigns and encouraging people to vote; and

     Whereas, Among the abundant awards Eddie received are the Premio Ohtli, one of the highest awards given by the Mexican Government, the Gentleman of Excellence award for community leaders and the prestigious Lifetime Achievement Award from the National Association of Hispanic Publications; and

     Whereas, A few of the honors bestowed upon him were his selection as Hispanic of the Month by the City of Las Vegas and Hispanic of the Year by the Latin Chamber of Commerce and, in 2005, the enduring honor of having a middle school named after him; now, therefore, be it

     Resolved by the Senate of the State of Nevada, the Assembly Concurring, That the members of the 76th Session of the Nevada Legislature do hereby extend their earnest condolences to the family and friends of Edmundo Escobedo, Sr.; and be it further

     Resolved, That Edmundo Escobedo will forever remain in the hearts and minds of all whose lives he touched and enriched, and his name will never be forgotten in the annals of our State; and be it further

     Resolved, That the Secretary of the Senate prepare and transmit a copy of this resolution to Eddie’s beloved wife of over 50 years, Maria, and to his children Edmundo, Jr., Nicolas, Hilda and Victor.

________

FILE NUMBER 31, AJR 1

Assembly Joint Resolution No. 1–Committee on Taxation

 

FILE NUMBER 31

 

ASSEMBLY Joint RESOLUTION—Proposing to amend certain provisions of the Nevada Constitution related to the assessment and collection of property taxes to authorize the Legislature to provide by law for the calculation of the taxable value of improvements to real property upon the transfer, sale or conveyance of the property.

 

Legislative Counsel’s Digest:

       Existing law requires that depreciation of an improvement to real property be calculated at 1.5 percent of the replacement cost of the improvement for each year of adjusted actual age of the improvement, up to a maximum of 50 years, when determining the value of the property for the purposes of assessing and collecting property taxes. (NRS 361.227) This proposed amendment to the Nevada Constitution authorizes the Legislature to enact a statute which provides for the calculation of the taxable value of improvements to real property upon such transfers, sales or other conveyances of the property as the Legislature deems appropriate.

 


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ê2011 Statutes of Nevada, Page 3850 (File Number 31, AJR 1)ê

 

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 10 of the Nevada Constitution be amended to read as follows:

     Section 1.  1.  The Legislature shall provide by law for a uniform and equal rate of assessment and taxation, and shall prescribe such regulations as shall secure a just valuation for taxation of all property, real, personal and possessory, except mines and mining claims, which shall be assessed and taxed only as provided in Section 5 of this Article.

     2.  Shares of stock, bonds, mortgages, notes, bank deposits, book accounts and credits, and securities and choses in action of like character are deemed to represent interest in property already assessed and taxed, either in Nevada or elsewhere, and shall be exempt.

     3.  The Legislature may constitute agricultural and open-space real property having a greater value for another use than that for which it is being used, as a separate class for taxation purposes and may provide a separate uniform plan for appraisal and valuation of such property for assessment purposes. If such plan is provided, the Legislature shall also provide for retroactive assessment for a period of not less than 7 years when agricultural and open-space real property is converted to a higher use conforming to the use for which other nearby property is used.

     4.  Personal property which is moving in interstate commerce through or over the territory of the State of Nevada, or which was consigned to a warehouse, public or private, within the State of Nevada from outside the State of Nevada for storage in transit to a final destination outside the State of Nevada, whether specified when transportation begins or afterward, shall be deemed to have acquired no situs in Nevada for purposes of taxation and shall be exempt from taxation. Such property shall not be deprived of such exemption because while in the warehouse the property is assembled, bound, joined, processed, disassembled, divided, cut, broken in bulk, relabeled or repackaged.

     5.  The Legislature may exempt motor vehicles from the provisions of the tax required by this Section, and in lieu thereof, if such exemption is granted, shall provide for a uniform and equal rate of assessment and taxation of motor vehicles, which rate shall not exceed five cents on one dollar of assessed valuation.

     6.  The Legislature shall provide by law for a progressive reduction in the tax upon business inventories by 20 percent in each year following the adoption of this provision, and after the expiration of the 4th year such inventories are exempt from taxation. The Legislature may exempt any other personal property, including livestock.

     7.  No inheritance tax shall ever be levied.

     8.  The Legislature may exempt by law property used for municipal, educational, literary, scientific or other charitable purposes, or to encourage the conservation of energy or the substitution of other sources for fossil sources of energy.

 


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ê2011 Statutes of Nevada, Page 3851 (File Number 31, AJR 1)ê

 

      9.  No income tax shall be levied upon the wages or personal income of natural persons. Notwithstanding the foregoing provision, and except as otherwise provided in subsection 1 of this Section, taxes may be levied upon the income or revenue of any business in whatever form it may be conducted for profit in the State.

      10.  The Legislature may provide by law for an abatement of the tax upon or an exemption of part of the assessed value of a single-family residence occupied by the owner to the extent necessary to avoid severe economic hardship to the owner of the residence.

      11.  The Legislature may provide by law for the determination of the value of improvements to real property for the purposes of taxation upon the transfer, sale or other conveyance of the property as the Legislature determines to be appropriate.

________

FILE NUMBER 32, SJR 4

Senate Joint Resolution No. 4–Committee on Natural Resources

 

FILE NUMBER 32

 

SENATE Joint RESOLUTION—Urging Congress to take certain actions concerning federal public lands in Nevada.

 

     Whereas, The Federal Government manages and controls approximately 87 percent of the land in Nevada; and

     Whereas, Nevada has an abundance of natural resources, including vast areas of land suitable for raising livestock, large deposits of gold, silver, copper and other minerals, and plentiful renewable resources, including, without limitation, sun, wind and geothermal resources that may be used to generate electricity; and

     Whereas, Many of those renewable resources are located on public lands managed and controlled by the Federal Government; and

     Whereas, Activities that occur on those public lands increase the demand for services provided by the State of Nevada and local governments in Nevada; and

     Whereas, The State of Nevada and local governments are limited in their ability to collect taxes or other fees from the Federal Government or from the users of public lands to fund services provided by the State and local governments; and

     Whereas, The Federal Government receives revenue from the licensing and permitting of activities that occur on those public lands, including mining, grazing livestock and generating electricity from renewable resources; and

     Whereas, There have been efforts to curtail the practice by the Federal Government of sharing a portion of that revenue with the State of Nevada and local governments, including curtailing the practice of sharing with the counties a portion of the revenue derived from the lease of public lands and royalties from the generation of electricity from geothermal resources; and

     Whereas, The provisions of S.3587 were recently introduced in the United States Senate, and require the Secretary of the Interior to establish a competitive leasing program for wind and solar energy development on federal public lands; and

 


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ê2011 Statutes of Nevada, Page 3852 (File Number 32, SJR 4)ê

 

     Whereas, The provisions of S.3587 require the sharing of a portion of the revenue from the competitive leasing program with the counties from which the revenue is derived, thereby creating a beneficial and meaningful role for counties in Nevada; and

     Whereas, The proposed budget submitted to Congress by the United States Department of the Interior for federal Fiscal Year 2011 calls for the permanent elimination of the counties’ share of royalties from the generation of electricity from geothermal resources; now, therefore, be it

     Resolved by the Senate and Assembly of the State of Nevada, Jointly, That the members of the 76th Session of the Nevada Legislature hereby urge Congress:

     1.  To ensure that the public lands in Nevada that are managed and controlled by the Federal Government remain open to multiple uses; and

     2.  To enact legislation ensuring that the State of Nevada and the affected local governments in Nevada receive a portion of the revenue received by the Federal Government for activities conducted on the federal public lands in Nevada and ensuring that such sharing includes, without limitation, the reinstatement and continuation of federal laws and policies whereby local governments receive appropriate rents and royalties for activities which generate electricity from geothermal resources; and be it further

     Resolved, That the Secretary of the Senate prepare and transmit a copy of this resolution to the Vice President of the United States as the presiding officer of the United States Senate, the Speaker of the House of Representatives and each member of the Nevada Congressional Delegation; and be it further

     Resolved, That this resolution becomes effective upon passage.

________

 


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ê2011 Statutes of Nevada, Page 3853ê

 

FILE NUMBER 33, AJR 5 of the 75th Session

Assembly Joint Resolution No. 5 of the 75th Session–Assemblymen Mortenson, Ohrenschall; Horne, Kihuen and Segerblom

 

FILE NUMBER 33

 

Assembly Joint RESOLUTION—Proposing to amend the Nevada Constitution to limit the duration of special sessions of the Legislature to 20 consecutive calendar days with the exception of impeachment, removal and expulsion proceedings, to limit the types of bills which may be introduced, considered or passed during a special session, to provide that a special session may be convened by a petition signed by two-thirds of the Legislators of each House and to provide that regular and special sessions must be adjourned on the final calendar day not later than midnight Pacific time based on the actual measure of time used and observed by the general population of Nevada.

 

Legislative Counsel’s Digest:

       Under the Nevada Constitution, only the Governor is granted express power to convene a special session of the Legislature on extraordinary occasions. (Nev. Const. Art. 5, § 9) The Nevada Constitution does not grant the Legislature express power to convene a special session on extraordinary occasions, such as when it is necessary to: (1) hold impeachment or removal proceedings against the Governor, Supreme Court Justices or other state and judicial officers who have committed misconduct in office; (2) hold expulsion proceedings against Legislators who have committed misconduct in office; (3) enact bills or appropriations to address unexpected conditions or emergency situations; or (4) reconsider bills vetoed by the Governor after the adjournment of a regular session. (Nev. Const. Art. 4, §§ 1, 6, 16-23, 35; Nev. Const. Art. 7, §§ 1-3)

       This resolution proposes to amend the Nevada Constitution to authorize the Legislature, on extraordinary occasions, to convene a special session upon a petition signed by two-thirds of the members of each House of the Legislature. This resolution also provides that the only bills the Legislature may introduce, consider or pass at any special session are bills related to the business for which the special session is convened and bills necessary to provide for the expenses of the session.

       In addition, this resolution limits the duration of any special session to 20 consecutive calendar days, unless the special session is convened to conduct proceedings for: (1) impeachment or removal from office of the Governor, Supreme Court Justices or other state and judicial officers pursuant to Article 7 of the Nevada Constitution; or (2) expulsion from office of a Legislator pursuant to Section 6 of Article 4 of the Nevada Constitution. The exceptions for impeachment, removal and expulsion proceedings are necessary to ensure that such proceedings comport with the concepts of due process, substantial justice and fundamental fairness. (U.S. Const. Amend. XIV, § 1; Nev. Const. Art. 1, § 8)

       Finally, the Nevada Constitution provides that regular sessions must be adjourned on the final calendar day not later than “midnight Pacific standard time.” (Nev. Const. Art. 4, § 2) The Nevada Supreme Court has held that when the State is observing daylight saving time on the final calendar day of a session, the Legislature is not required to adjourn the session when the clock strikes midnight for the general population of Nevada but may continue the session until 1:00 a.m. Pacific daylight saving time because such time is equivalent to “midnight Pacific standard time.” (Nevada Mining Ass’n v. Erdoes, 117 Nev. 531 (2001))

 


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ê2011 Statutes of Nevada, Page 3854 (File Number 33, AJR 5 of the 75th Session)ê

 

       This resolution proposes to amend the Nevada Constitution to provide that regular and special sessions must be adjourned on the final calendar day not later than “midnight Pacific time,” which must be determined based on the actual measure of time that is being used and observed by the general population of Nevada within the Pacific time zone or, in other words, the time on the clock. The resolution also provides that the Legislature and its members, officers and employees shall not employ any device, pretense or fiction that adjusts, evades or ignores the time on the clock for the purpose of extending the duration of the session.

       If this resolution is passed by the 2009 Legislature, it must also be passed by the next Legislature and then approved and ratified by the people in an election, before the proposed amendments to the Nevada Constitution become effective.

 

EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted.

 

     Whereas, The Nevada Constitution does not grant the Nevada Legislature express power to convene a special session on extraordinary occasions; and

     Whereas, There are extraordinary occasions when it is imperative for the Legislature to have express power to convene a special session, such as when it is necessary to hold impeachment or removal proceedings pursuant to Article 7 of the Nevada Constitution against the Governor, Supreme Court Justices or other state and judicial officers who have committed misconduct in office, or when it is necessary to hold expulsion proceedings pursuant to Section 6 of Article 4 of the Nevada Constitution against Legislators who have committed misconduct in office; and

     Whereas, There are other extraordinary occasions when it is imperative for the Legislature to have express power to convene a special session, such as when it is necessary to enact bills or appropriations to address unexpected conditions or emergency situations, or when it is necessary to reconsider bills vetoed by the Governor after the adjournment of a regular session; and

     Whereas, There are currently 32 state legislatures in the nation that have express power to call a special session when there are extraordinary occasions; and

     Whereas, The Nevada Legislature is part of a group of only 18 state legislatures that do not have express power to call a special session, and part of a group of only 11 state legislatures that may not determine any of the subject matter to be considered at a special session; and

     Whereas, The Nevada Constitution is grounded on the principle of three coequal branches of State Government, with the ultimate authority and responsibility to enact necessary legislation being vested in the Legislative Branch, subject to final approval by the Governor; and

     Whereas, Nevada’s current constitutional language, which grants the Governor express power to call the Legislature into special session but which does not grant such express power to the Legislature, diminishes the constitutional separation of powers by impeding the authority of this State’s elected Legislature to perform its constitutional functions of enacting necessary legislation and conducting impeachment, removal and expulsion proceedings on extraordinary occasions; and

     Whereas, The Nevada Legislature should be authorized to operate with a reasonable degree of independence from the Executive and Judicial Branches as is consistent with the separation of powers principle, and should be empowered to identify those extraordinary occasions that may require the Legislature to call a limited special session deemed in the best interest of the people of the State of Nevada; now, therefore, be it

 


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ê2011 Statutes of Nevada, Page 3855 (File Number 33, AJR 5 of the 75th Session)ê

 

Legislature to call a limited special session deemed in the best interest of the people of the State of Nevada; now, therefore, be it

     Resolved by the Assembly and Senate of the State of Nevada, Jointly, That a new section, designated Section 2A, be added to Article 4 of the Nevada Constitution to read as follows:

      Sec. 2A.  1.  The Legislature may be convened, on extraordinary occasions, upon a petition signed by two-thirds of the members elected to each House of the Legislature. A petition must specify the business to be transacted during the special session, indicate a date on or before which the Legislature is to convene and be transmitted to the Secretary of State. Upon receipt of one or more substantially similar petitions signed, in the aggregate, by the required number of members, calling for a special session, the Secretary of State shall notify all members of the Legislature and the Governor that a special session will be convened pursuant to this section.

      2.  At a special session convened pursuant to this section, the Legislature shall not introduce, consider or pass any bills except those related to the business specified in the petition and those necessary to provide for the expenses of the session.

      3.  A special session convened pursuant to this section takes precedence over a special session convened by the Governor pursuant to Section 9 of Article 5 of this Constitution, unless otherwise provided in the petition convening the special session pursuant to this section.

      4.  The Legislature may provide by law for the procedure for convening a special session pursuant to this section.

      5.  Except as otherwise provided in this subsection, the Legislature shall adjourn sine die a special session convened pursuant to this section not later than midnight Pacific time at the end of the 20th consecutive calendar day of that session, inclusive of the day on which that session commences. Any legislative action taken after midnight Pacific time at the end of the 20th consecutive calendar day of that session is void. This subsection does not apply to a special session that is convened to conduct proceedings for:

      (a) Impeachment or removal from office of the Governor and other state and judicial officers pursuant to Article 7 of this Constitution; or

      (b) Expulsion from office of a member of the Legislature pursuant to Section 6 of Article 4 of this Constitution.

      6.  For the purposes of this section, “midnight Pacific time” must be determined based on the actual measure of time that, on the final calendar day of the session, is being used and observed by the general population as the uniform time for the portion of Nevada which lies within the Pacific time zone, or any legal successor to the Pacific time zone, and which includes the seat of government of this State as designated by Section 1 of Article 15 of this Constitution. The Legislature and its members, officers and employees shall not employ any device, pretense or fiction that adjusts, evades or ignores this measure of time for the purpose of extending the duration of the session.

And be it further

 


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ê2011 Statutes of Nevada, Page 3856 (File Number 33, AJR 5 of the 75th Session)ê

 

     Resolved, That Section 2 of Article 4 of the Nevada Constitution be amended to read as follows:

      Sec. 2.  1.  The sessions of the Legislature shall be biennial, and shall commence on the 1st Monday of February following the election of members of the Assembly, unless the Governor of the State or the members of the Legislature shall, in the interim, convene the Legislature by proclamation [.] or petition.

      2.  The Legislature shall adjourn sine die each regular session not later than midnight Pacific [standard time 120 calendar days following its commencement.] time at the end of the 120th consecutive calendar day of that session, inclusive of the day on which that session commences. Any legislative action taken after midnight Pacific [standard time on] time at the end of the 120th consecutive calendar day of that session is void, unless the legislative action is conducted during a special session . [convened by the Governor.]

      3.  The Governor shall submit the proposed executive budget to the Legislature not later than 14 calendar days before the commencement of each regular session.

      4.  For the purposes of this section, “midnight Pacific time” must be determined based on the actual measure of time that, on the final calendar day of the session, is being used and observed by the general population as the uniform time for the portion of Nevada which lies within the Pacific time zone, or any legal successor to the Pacific time zone, and which includes the seat of government of this State as designated by Section 1 of Article 15 of this Constitution. The Legislature and its members, officers and employees shall not employ any device, pretense or fiction that adjusts, evades or ignores this measure of time for the purpose of extending the duration of the session.

And be it further

     Resolved, That Section 33 of Article 4 of the Nevada Constitution be amended to read as follows:

      Sec . [:] 33.  The members of the Legislature shall receive for their services [,] a compensation to be fixed by law and paid out of the public treasury, for not to exceed 60 days during any regular session of the [legislature] Legislature and not to exceed 20 days during any special session ; [convened by the governor;] but no increase of such compensation shall take effect during the term for which the members of either house shall have been elected ; Provided, that an appropriation may be made for the payment of such actual expenses as members of the Legislature may incur for postage, express charges, newspapers and stationery not exceeding the sum of Sixty dollars for any general or special session to each member; and Furthermore Provided, that the Speaker of the Assembly, and Lieutenant Governor, as President of the Senate, shall each, during the time of their actual attendance as such presiding officers receive an additional allowance of two dollars per diem.

And be it further

 


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ê2011 Statutes of Nevada, Page 3857 (File Number 33, AJR 5 of the 75th Session)ê

 

     Resolved, That Section 9 of Article 5 of the Nevada Constitution be amended to read as follows:

      [Sec: 9.  The] Sec. 9.  1.  Except as otherwise provided in Section 2A of Article 4 of this Constitution, the Governor may , on extraordinary occasions, convene the Legislature by Proclamation and shall state to both houses, when organized, the [purpose] business for which they have been specially 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.]

      2.  At a special session convened pursuant to this section, the Legislature shall not introduce, consider or pass any bills except those related to the business for which the Legislature has been specially convened and those necessary to provide for the expenses of the session.

      3.  Except as otherwise provided in this subsection, the Legislature shall adjourn sine die a special session convened pursuant to this section not later than midnight Pacific time at the end of the 20th consecutive calendar day of that session, inclusive of the day on which that session commences. Any legislative action taken after midnight Pacific time at the end of the 20th consecutive calendar day of that session is void. This subsection does not apply to a special session that is convened to conduct proceedings for:

      (a) Impeachment or removal from office of the Governor and other state and judicial officers pursuant to Article 7 of this Constitution; or

      (b) Expulsion from office of a member of the Legislature pursuant to Section 6 of Article 4 of this Constitution.

      4.  For the purposes of this section, “midnight Pacific time” must be determined based on the actual measure of time that, on the final calendar day of the session, is being used and observed by the general population as the uniform time for the portion of Nevada which lies within the Pacific time zone, or any legal successor to the Pacific time zone, and which includes the seat of government of this State as designated by Section 1 of Article 15 of this Constitution. The Legislature and its members, officers and employees shall not employ any device, pretense or fiction that adjusts, evades or ignores this measure of time for the purpose of extending the duration of the session.

________

 


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ê2011 Statutes of Nevada, Page 3858ê

 

FILE NUMBER 34, ACR 11

Assembly Concurrent Resolution No. 11–Committee on Legislative Operations and Elections

 

FILE NUMBER 34

 

Assembly Concurrent RESOLUTION—Amending the Joint Standing Rules of the Senate and Assembly for the 76th Session of the Nevada Legislature to extend the second House passage deadline from May 27, 2011, until May 30, 2011.

 

     Resolved by the Assembly of the State of Nevada, the Senate Concurring, That Rule No. 14.3 of the Joint Standing Rules of the Senate and Assembly as adopted by the 76th Session of the Nevada Legislature is hereby amended to read as follows:

 

Rule No. 14.3.  Final Dates for Action by Standing Committees and Houses.

Except as otherwise provided in Joint Standing Rules Nos. 14.4, 14.5 and 14.6:

     1.  The final standing committee to which a bill or joint resolution is referred in its House of origin may only take action on the bill or joint resolution on or before the 68th calendar day of the legislative session. A bill may be re-referred after that date only to the Committee on Finance or the Committee on Ways and Means and only if the bill is exempt pursuant to subsection 1 of Joint Standing Rule No. 14.6.

     2.  Final action on a bill or joint resolution may only be taken by the House of origin on or before the 79th calendar day of the legislative session.

     3.  The final standing committee to which a bill or joint resolution is referred in the second House may only take action on the bill or joint resolution on or before the 103rd calendar day of the legislative session. A bill may be re-referred after that date only to the Committee on Finance or the Committee on Ways and Means and only if the bill is exempt pursuant to subsection 1 of Joint Standing Rule No. 14.6.

     4.  Final action on a bill or joint resolution may only be taken by the second House on or before the [110th] 113th calendar day of the legislative session.

________

FILE NUMBER 35, SCR 1

Senate Concurrent Resolution No. 1–Committee on Natural Resources

 

FILE NUMBER 35

 

SENATE Concurrent RESOLUTION—Expressing support for the Pine Forest Wilderness Study Area Working Group.

 

     Whereas, In 1977, the Bureau of Land Management began an initial inventory of nearly 49 million acres of federal land within Nevada; and

     Whereas, In 1979, at the conclusion of the initial inventory, the Bureau of Land Management determined that 34 million of those acres did not warrant official designation as wilderness areas pursuant to the Wilderness Act of 1964, 16 U.S.C. §§ 1131 et seq.; and

 


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ê2011 Statutes of Nevada, Page 3859 (File Number 35, SCR 1)ê

 

     Whereas, The Bureau of Land Management divided the remaining 15 million acres into intensive inventory units, resulting, in 1980, in the designation of 110 wilderness study areas in Nevada covering 5.1 million acres; and

     Whereas, Between 1980 and 1991, each wilderness study area was analyzed and studied through 17 environmental impact statements prepared statewide to evaluate the level of impact on wilderness values, mineral and energy resources, recreational off-road vehicle use, maintenance and construction of livestock developments, vegetative manipulation projects, woodland product harvesting and wildlife concerns; and

     Whereas, Furthermore, each wilderness study area was evaluated with regard to its representative contribution to the National Wilderness Preservation System, its proximity to population centers, its manageability in terms of its capability of being effectively managed as wilderness, and its social and economic impact; and

     Whereas, Each wilderness study area was also subjected to public scrutiny, with the public participating in the review of each environmental impact statement through public meetings, workshops, open houses, mailings, map reviews and written comments; and

     Whereas, In 1991, the Bureau of Land Management completed a wilderness study report which contained recommendations for each of the 110 wilderness study areas in Nevada, calling for the designation as wilderness areas of 1.9 million acres in all or portions of 52 wilderness study areas and the release of 3.2 million acres for uses other than wilderness; and

     Whereas, The report was sent to the United States Secretary of the Interior in October 1991 and eventually to the President of the United States and the Congress of the United States; and

     Whereas, Congress, which has the sole authority to designate wilderness areas and no set period within which it must designate any of those areas, has yet to act on the recommendations of the Bureau of Land Management; and

     Whereas, Absent such action from Congress, wilderness study areas are managed as if they are wilderness areas; and

     Whereas, The Blue Lake and Alder Creek wilderness study areas cover 20,508 and 5,142 acres, respectively, in the Pine Forest area of Humboldt County; and

     Whereas, In August 2009, the Board of County Commissioners of Humboldt County commissioned a wilderness study area review process, and the Pine Forest Wilderness Study Area Working Group, comprising diverse interests and stakeholders, was created to evaluate the Blue Lake and Alder Creek wilderness study areas and to make findings and develop recommendations for the Board of County Commissioners of Humboldt County to forward to the Nevada Congressional Delegation; and

     Whereas, The Pine Forest Wilderness Study Area Working Group has held several work sessions and one formal field trip, with additional work sessions and a final field trip scheduled before making findings and developing recommendations for the Board of County Commissioners of Humboldt County; now, therefore, be it

     Resolved by the Senate of the State of Nevada, the Assembly Concurring, That the members of the Nevada Legislature hereby express their support for the efforts of the Board of County Commissioners of Humboldt County and the Pine Forest Wilderness Study Area Working Group in their reexamination of wilderness study areas located in the Pine Forest area of Humboldt County; and be it further

 


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ê2011 Statutes of Nevada, Page 3860 (File Number 35, SCR 1)ê

 

Group in their reexamination of wilderness study areas located in the Pine Forest area of Humboldt County; and be it further

     Resolved, That the Secretary of the Senate prepare and transmit a copy of this resolution to each member of the Board of County Commissioners of Humboldt County and each member of the Pine Forest Wilderness Study Area Working Group.

________

FILE NUMBER 36, SCR 2

Senate Concurrent Resolution No. 2–Committee on Legislative Operations and Elections

 

FILE NUMBER 36

 

SENATE CONCURRENT RESOLUTION—Directing the Office of the Attorney General, the Agency for Nuclear Projects and the State Department of Conservation and Natural Resources to conduct a joint investigation into whether Nevada could potentially receive monetary compensation from the Federal Government for contamination as a result of certain military exercises, nuclear weapons testing and other activities conducted by the Federal Government in Nevada, to the extent that such an investigation would not cost those agencies any money or resources.

 

     Whereas, The Federal Government has conducted numerous activities and military exercises in Nevada that have resulted in the contamination of the environment of this State with radioactive material and other hazardous contaminants; and

     Whereas, The Armed Forces of the United States have conducted military exercises in multiple geographic regions of Nevada using ammunition, weaponry and other military equipment that were composed, in part, of depleted uranium, a high-density, radioactive material that is a by-product of the uranium enrichment process, much of which remains as radioactive debris in the Nevada landscape; and

     Whereas, The Nevada Test Site, which is located in Nye County, Nevada, approximately 65 miles northwest of Las Vegas, Nevada, was established by the Federal Government in 1950 for the purposes of detonating nuclear devices and conducting other related nuclear tests in connection with the research and development of nuclear weapons for use by the Armed Forces of the United States; and

     Whereas, From 1951 until 1992, the Federal Government conducted 100 atmospheric nuclear tests and 828 underground nuclear tests at the Nevada Test Site, which resulted in the detonation of 1,021 nuclear devices; and

     Whereas, Each detonation of a nuclear device at the Nevada Test Site produced nuclear fallout consisting of hundreds of different kinds of radioactive isotopes and left behind vast quantities of radioactive materials, waste and debris, including millions of curies of uranium, thorium, iodine, cobalt, tritium, plutonium and other radionuclides; and

     Whereas, The detonation of nuclear devices in the atmosphere caused millions of curies of radionuclides to be dispersed over a large geographic area of Nevada; and

 


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ê2011 Statutes of Nevada, Page 3861 (File Number 36, SCR 2)ê

 

     Whereas, Approximately one-third of the underground nuclear tests at the Nevada Test Site were conducted directly in aquifers, and many other underground tests were conducted above the water table; and

     Whereas, The United States Department of Energy has estimated that nuclear testing at the Nevada Test Site left behind more than 300 million curies of radionuclides, making the site one of the most radioactively contaminated places in the United States; and

     Whereas, Since 1961, Area 5 and Area 3 within the Nevada Test Site have been primary storage and disposal sites of the Federal Government for low-level and mixed low-level radioactive waste; and

     Whereas, The Nevada Test Site continues to be used for activities unrelated to nuclear weapons testing, including, without limitation, hazardous chemical spill testing, emergency response training, conventional weapons testing and waste management studies; and

     Whereas, The aforementioned activities of the Federal Government in Nevada have had a deleterious effect on the environment of this State and have resulted in the contamination of the surface, subsurface, groundwater and aquifers of a large geographic area of Nevada with radioactive and other hazardous contaminants; now, therefore, be it

     Resolved by the Senate of the State of Nevada, the Assembly Concurring, That the Office of the Attorney General, the Agency for Nuclear Projects and the State Department of Conservation and Natural Resources be directed to conduct a joint investigation into whether Nevada could potentially receive monetary compensation from the Federal Government for contamination of the environment in Nevada with radioactive and other hazardous contaminants as a result of military exercises, nuclear weapons testing and other activities conducted by the Federal Government in Nevada, to the extent that conducting such an investigation will not cost the agencies any additional money or resources; and be it further

     Resolved, That the Office of the Attorney General report the results of the investigation to the members of the 77th 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 Attorney General, the Executive Director of the Agency for Nuclear Projects and the Director of the State Department of Conservation and Natural Resources.

________

 


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ê2011 Statutes of Nevada, Page 3862ê

 

FILE NUMBER 37, SCR 13

Senate Concurrent Resolution No. 13–Senators Horsford; Breeden, Brower, Cegavske, Copening, Denis, Gustavson, Halseth, Hardy, Kieckhefer, Kihuen, Lee, Leslie, Manendo, McGinness, Parks, Rhoads, Roberson, Schneider, Settelmeyer and Wiener

 

Joint Sponsors: Assemblymen Mastroluca; Aizley, Anderson, Atkinson, Benitez-Thompson, Bobzien, Brooks, Bustamante Adams, Carlton, Carrillo, Conklin, Daly, Diaz, Dondero Loop, Ellison, Flores, Frierson, Goedhart, Goicoechea, Grady, Hambrick, Hammond, Hansen, Hardy, Hickey, Hogan, Horne, Kirkpatrick, Kirner, Kite, Livermore, McArthur, Munford, Neal, Oceguera, Ohrenschall, Pierce, Segerblom, Sherwood, Smith, Stewart and Woodbury

 

FILE NUMBER 37

 

Senate Concurrent RESOLUTION—Commending Casey Family Programs for its dedication in helping children and families across the nation.

 

     Whereas, At any given time, there are nearly a half million children in foster care in the United States, many of whom have suffered abuse or severe neglect and are traumatized by circumstances beyond their control; and

     Whereas, Jim Casey, the founder of United Parcel Service, always credited his mother Annie E. Casey with holding their family together after Jim’s father died and realized that many children lacked the family life he knew to be crucial; and

     Whereas, Jim Casey, along with his brothers George and Harry and sister Marguerite, created Casey Family Programs in 1966 to help children who are unable to live with their birth parents, giving those children stability and an opportunity to grow to responsible adulthood; and

     Whereas, With field offices in five states, Casey Family Programs offers strategic consulting services to about half of the 50 states, including Nevada, provides state and federal lawmakers, counties and Native American tribes with nonpartisan research and technical expertise and assists in the crafting of policies and laws to improve the lives of at-risk children; and

     Whereas, Approximately 270,000 adults incarcerated in America’s prisons were once in foster care, and a child in foster care has a 25 percent chance of becoming homeless within 18 months after emancipation from care, is subject to posttraumatic stress disorder and often is not prepared to live on his or her own after transitioning from foster care; and

     Whereas, Casey Family Programs has provided a unique tool to help youths combat these problems by creating the Casey Life Skills website, which offers online assessments with instant feedback, customized learning plans and learning resources, as well as information regarding career planning, daily living, housing and money management, social relationships, and work and study skills, to enable youths to get the life skills necessary not only to survive, but to thrive on their own; and

     Whereas, As the nation’s largest operating foundation focused entirely on foster care and improving the child welfare system, Casey Family Programs has invested more than $1.6 billion in programs and services to benefit children and families in the child welfare system; and

 


…………………………………………………………………………………………………………………

ê2011 Statutes of Nevada, Page 3863 (File Number 37, SCR 13)ê

 

     Whereas, Over the next decade, Casey Family Programs will continue to invest to fulfill the 2020 Strategy: A Vision for America’s Children, a plan for safely reducing the number of children in foster care by 50 percent, improving the lives of those who remain in foster care and ensuring that children who grow up in foster care are prepared for independent living and have equitable access to education, employment and mental health services; and

     Whereas, Improving the future of the nation’s children who are in foster care is a daunting task, but one that Casey Family Programs has taken on with fervor to protect and ensure the future of our children; now, therefore, be it

     Resolved by the Senate of the State of Nevada, the Assembly Concurring, That the members of the 76th Session of the Nevada Legislature hereby commend Casey Family Programs for its commitment to at-risk children and praise its dedication to improving the lives of children and families in the child welfare system; and be it further

     Resolved, That the Secretary of the Senate prepare and transmit a copy of this resolution to Casey Family Programs.

________

FILE NUMBER 38, AJR 6

Assembly Joint Resolution No. 6–Committee on Commerce and Labor

 

FILE NUMBER 38

 

ASSEMBLY Joint RESOLUTION—Urging the Secretary of Transportation of the United States Department of Transportation to designate U.S. Highway No. 93 from Phoenix to Las Vegas as a future Interstate System route.

 

Legislative Counsel’s Digest:

       Federal law provides that the Secretary of Transportation of the United States Department of Transportation is authorized to make modifications to the National Highway System, and to designate an existing highway as a future Interstate System route. (23 U.S.C. § 103) This resolution urges the Secretary of Transportation to designate U.S. Highway No. 93 from Phoenix, Arizona, to Las Vegas, Nevada, as a future Interstate System route as part of a proposed Interstate 11.

 

EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted.

 

     Whereas, Congress enacted the Federal-Aid Highway Act of 1956 to authorize and fund construction of the Interstate Highway System; and

     Whereas, Congress enacted the National Highway System Designation Act of 1995, which empowered the Secretary of Transportation of the United States Department of Transportation to make modifications to the National Highway System and to designate a highway as a route or a future route on the Interstate System; and

     Whereas, Infrastructure for transportation systems play an integral role in supporting the diversification and expansion of the workforce and economy; and

 


…………………………………………………………………………………………………………………

ê2011 Statutes of Nevada, Page 3864 (File Number 38, AJR 6)ê

 

     Whereas, Nevada is uniquely positioned by virtue of its location and favorable business climate to serve as a logistics and distribution center for the receipt, shipment and assembly of goods on the West Coast to points north and east; and

     Whereas, Interstate 11 is a designation for a proposed interstate highway to run from the Mexican border in southern Arizona to Las Vegas, Nevada, and to eventually continue on to Reno, Nevada, and Seattle, Washington, and end at the Canadian border; and

     Whereas, Proposed Interstate 11 would follow the route of U.S. Highway No. 93 from just outside Phoenix, Arizona, to Las Vegas, Nevada; and

     Whereas, Such an interstate highway would allow Nevada to participate in the nationwide distribution of the increasing tonnage of goods and freight entering North America through the port of Punta Colonet, Mexico; and

     Whereas, Such an interstate highway would allow Nevada to advance its interests in recreation and tourism, and increase participation in commercial trucking and the moving of freight, including the continued development of logistics and distribution centers; and

     Whereas, Such an interstate highway would connect to the Interstate Highway 40 east to west corridor and assist in making Nevada the logistics, distribution and manufacturing capital of the West; now, therefore, be it

     Resolved by the Assembly and Senate of the State of Nevada, Jointly, That the Nevada Legislature urges the Secretary of Transportation of the United States Department of Transportation to designate U.S. Highway No. 93 from just outside Phoenix, Arizona, to Las Vegas, Nevada, as a future Interstate System route and as part of the proposed Interstate 11; and be it further

     Resolved, That the Nevada Legislature urges the Nevada Congressional Delegation to use its best efforts to propose such action and to encourage the Secretary of Transportation of the United States Department of Transportation to take such action; 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 Nevada Congressional Delegation and to the Secretary of Transportation of the United States Department of Transportation; and be it further

     Resolved, That this resolution becomes effective upon passage.

________

 


…………………………………………………………………………………………………………………

ê2011 Statutes of Nevada, Page 3865ê

 

FILE NUMBER 39, AR 9

Assembly Resolution No. 9–Committee on Legislative Operations and Elections

 

FILE NUMBER 39

 

Assembly RESOLUTION—Designating certain members of the Assembly as regular and alternate members of the Legislative Commission for the 2011-2013 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 Assemblymen are designated regular and alternate members of the Legislative Commission to serve until their successors are designated: Mr. Marcus Conklin, Ms. Debbie Smith, Ms. Marilyn K. Kirkpatrick, Mr. Lynn D. Stewart, Mr. Richard McArthur and Mr. Ira Hansen are designated as the regular Assembly members; Mr. William C. Horne and Mr. Tick Segerblom are designated as the first and second alternate members, respectively, for Mr. Marcus Conklin; Mr. David Bobzien and Ms. Teresa Benitez-Thompson are designated as the first and second alternate members, respectively, for Ms. Debbie Smith; Mr. Kelvin Atkinson and Ms. April Mastroluca are designated as the first and second alternate members, respectively, for Ms. Marilyn K. Kirkpatrick; Mr. Kelly Kite and Ms. Melissa Woodbury are designated as the first and second alternate members, respectively, for Mr. Lynn D. Stewart; Mr. Pete Livermore and Mr. Mark Sherwood are designated as the first and second alternate members, respectively, for Mr. Richard McArthur; and Mr. Edwin Alex Goedhart and Mr. Scott Hammond are designated as the first and second alternate members, respectively, for Mr. Ira Hansen.

________

FILE NUMBER 40, SR 5

Senate Resolution No. 5–Committee on Legislative Operations and Elections

 

FILE NUMBER 40

 

Senate RESOLUTION—Designating certain members of the Senate as regular and alternate members of the Legislative Commission for the 2011-2013 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 Steven A. Horsford, Sheila Leslie, Moises Denis, Michael Roberson, Elizabeth Halseth and James A. Settelmeyer are designated as the regular Senate members of the Legislative Commission; and be it further

     Resolved, That Senators Valerie Wiener and Allison Copening are designated as the first and second alternate members, respectively, for Senator Steven A. Horsford; Senators Michael A. Schneider and David R. Parks are designated as the first and second alternate members, respectively, for Senator Sheila Leslie; Senators John J. Lee and Shirley A. Breeden are designated as the first and second alternate members, respectively, for Senator Moises Denis; Senators Joe Hardy and Mike McGinness are designated as the first and second alternate members, respectively, for Senator Michael Roberson; Senators Don Gustavson and Barbara K.

 


…………………………………………………………………………………………………………………

ê2011 Statutes of Nevada, Page 3866 (File Number 40, SR 5)ê

 

Senator Moises Denis; Senators Joe Hardy and Mike McGinness are designated as the first and second alternate members, respectively, for Senator Michael Roberson; Senators Don Gustavson and Barbara K. Cegavske are designated as the first and second alternate members, respectively, for Senator Elizabeth Halseth; Senators Greg Brower and Ben Kieckhefer are designated as the first and second alternate members, respectively, for Senator James A. Settelmeyer; 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 in the appropriate list to those alternate members who have higher numerical designations in 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.

________

 


…………………………………………………………………………………………………………………

ê2011 Statutes of Nevada, Page 3867ê

 

FILE NUMBER 41, SJR 3

Senate Joint Resolution No. 3–Committee on Natural Resources

 

FILE NUMBER 41

 

SENATE Joint RESOLUTION—Urging Congress to enact legislation requiring the Secretary of the Interior to convey ownership of certain land to the State of Nevada to help fund education in Nevada.

 

     Whereas, The State of Nevada and other western states face unique challenges in providing the best education to their residents due to vast acreages of untaxable federal lands within their borders; and

     Whereas, Early in Nevada’s history, the Congress of the United States recognized the importance of supporting public education in Nevada and established school trust lands in Nevada to help fund education in the State; and

     Whereas, When the Territory of Nevada was admitted to statehood, the Federal Government provided Nevada with two sections of land in each township for the benefit of common schools, which amounted to 3.9 million acres, while other territories that were subsequently admitted to statehood received four sections of land in each township for the benefit of common schools; and

     Whereas, The land originally granted by the Federal Government to Nevada for common schools was not providing sufficient revenue for education because the land included large sections that were undesirable or difficult to survey; and

     Whereas, In 1880, it was necessary for Nevada to agree to exchange its 3.9 million acres for only 2 million acres of its own selection, as Nevada had an immediate need for public school revenues; and

     Whereas, The disproportionately small amount of land received from the Federal Government for the benefit of common schools contributes only a small amount of revenue for the schools in Nevada in comparison to other states and places an excessive burden on the financial resources of each county in Nevada; and

     Whereas, In Nevada, approximately 87 percent of the land, which amounts to approximately 61 million acres, is held by the Federal Government; and

     Whereas, In 15 of the 17 counties in Nevada, more than 50 percent of the land is held by the Federal Government, and in 4 of the 17 counties, more than 90 percent of the land is held by the Federal Government; and

     Whereas, The ownership of such an extensive amount of the land in Nevada by the Federal Government has an adverse effect on the ability of the school districts in Nevada to provide funding for quality education for the residents of Nevada; and

     Whereas, Nevada and the other western states are falling behind in education funding as measured by the growth of expenditures per pupil; and

     Whereas, The difficulty experienced by Nevada and the other western states in providing a quality education to their residents is exacerbated by projections that enrollment in public schools from 2007 to 2019 is expected to increase by approximately 34 percent in Nevada and the other western states, but increase by less than 1 percent in the remaining states in the United States; now, therefore, be it

 


…………………………………………………………………………………………………………………

ê2011 Statutes of Nevada, Page 3868 (File Number 41, SJR 3)ê

 

     Resolved by the Senate and Assembly of the State of Nevada, Jointly, That the members of the 76th Session of the Nevada Legislature urge Congress and the Nevada Congressional Delegation to enact legislation requiring the Secretary of the Interior to convey ownership of federal land located in Nevada from the Federal Government to Nevada to help fund education for the residents of Nevada and to put the education system of Nevada in parity with that of the other states in the United States; and be it further

     Resolved, That the Secretary of the Senate prepare and transmit a copy of this resolution to the President of the United States, the Vice President of the United States as the presiding officer of the 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.

________

FILE NUMBER 42, ACR 10

Assembly Concurrent Resolution No. 10–Assemblywoman Smith

 

FILE NUMBER 42

 

Assembly Concurrent RESOLUTION—Directing the Legislative Committee on Health Care to create a task force to develop a state plan to address Alzheimer’s disease.

 

     Whereas, Alzheimer’s disease is a progressive, degenerative brain disorder characterized by memory loss, language deterioration, poor judgment and indifferent attitude, but preserved motor function; and

     Whereas, Approximately 5.4 million Americans now suffer from Alzheimer’s disease, including approximately one in every eight persons over 65 years of age and nearly half of those persons over 85 years of age; and

     Whereas, The proportion of the country’s population that is over the age of 65 continues to rapidly increase and will escalate in coming years as the “Baby Boomer” generation ages, and at the current rate of incidence, the number of people aged 65 years and older with Alzheimer’s disease may rise to as high as 11 to 16 million by the year 2050, barring the development of medical breakthroughs; and

     Whereas, This rapid rise is already evident, and is especially dramatic in Nevada, which has seen a 38 percent increase in its population of residents 65 years of age and older with Alzheimer’s disease between 2000 and 2010, and this population is expected to double between 2000 and 2025; and

     Whereas, Most persons with Alzheimer’s disease will survive for 4 to 8 years after diagnosis but may live as long as 20 years after the onset of symptoms; and

     Whereas, Nearly 15 million Americans provide unpaid care for a family member or friend who has Alzheimer’s disease or another form of dementia, with more than 60 percent of those caregivers rating the emotional stress of caregiving as high or very high and one-third reporting symptoms of depression; and

 


…………………………………………………………………………………………………………………

ê2011 Statutes of Nevada, Page 3869 (File Number 42, ACR 10)ê

 

     Whereas, At some point, an Alzheimer’s victim will require 24-hour care, including assistance with such daily activities as eating, grooming and toileting; and

     Whereas, It has been estimated that expenses for the diagnosis, care and treatment of Americans with Alzheimer’s disease will amount to at least $183 billion in 2011, with the expected costs of Alzheimer’s to Americans in 2050 totaling $1.1 trillion in today’s dollars; and

     Whereas, Alzheimer’s disease is the sixth leading cause of death in the United States and the fifth leading cause of death for those aged 65 years and older, and it remains the only cause of death among the top 10 in the country without any known preventive measures or cure; and

     Whereas, There is a compelling need in this State to prepare and implement strategies to reduce the impact of this heartbreaking disease on patients, caregivers and the economy and to forestall human and financial hardship of exceptional severity; now, therefore, be it

     Resolved by the Assembly of the State of Nevada, the Senate Concurring, That the Legislative Committee on Health Care is hereby directed to create a task force to develop a state plan to address Alzheimer’s disease; and be it further

     Resolved, That to the extent that money is available, including, without limitation, money from gifts, grants and donations, the Legislative Committee on Health Care may fund the costs of the task force; and be it further

     Resolved, That the Legislative Committee on Health Care shall submit a report of the findings and plan developed by the task force and any recommendations for legislation to the 77th Session of the Nevada Legislature.

________

FILE NUMBER 43, SCR 5

Senate Concurrent Resolution No. 5–Senator Cegavske

 

FILE NUMBER 43

 

Senate Concurrent RESOLUTION—Directing the Legislative Commission to conduct an interim study concerning the laws of this State governing the protection of children.

 

     Whereas, Current national standards encourage the provision of child and family services which focus on the preservation of the family while ensuring the safe protection of children; and

     Whereas, Current child welfare practices include the implementation of a comprehensive and systematic method for family-centered support and intervention by agencies which provide child welfare services; and

     Whereas, During the 2007-2008 interim, the Legislative Commission created a Subcommittee to Study the Placement of Children in Foster Care, which recommended a comprehensive review of the laws set forth in chapter 432B of NRS governing the protection of children in this State; and

     Whereas, The laws governing the protection of children in this State were largely enacted in the 1980s and have not been systematically reviewed since being enacted; and

 


…………………………………………………………………………………………………………………

ê2011 Statutes of Nevada, Page 3870 (File Number 43, SCR 5)ê

 

     Whereas, The Nevada Legislature hereby recognizes the need for a review of the system for the protection of children to ensure that the system and relevant laws of this State are consistent with current child welfare practices, allow for the implementation of improvements to the system and standardize the criteria for the placement of children into foster care; now, therefore, be it

     Resolved by the Senate of the State of Nevada, the Assembly Concurring, That the Legislative Commission is hereby directed to appoint a committee composed of three members of the Senate and three members of the Assembly, one of whom must be appointed as Chair of the committee, to conduct an interim study of the system and laws governing the protection of children in this State; and be it further

     Resolved, That the committee should solicit the input and recommendations of persons and entities concerned with the system of child welfare, including, without limitation, children and families who are provided services by child welfare agencies and any agencies and organizations which provide child welfare and related services in this State; and be it further

     Resolved, That the committee shall recommend such action as may be necessary to provide:

     1.  Clear standards for the protection of children in this State, including, without limitation, reviewing the definition of “abuse or neglect of a child” to ensure it conforms with such standards; and

     2.  For the effective and efficient implementation of strategies to preserve and build safe families; and be it further

     Resolved, That any recommended legislation proposed by the committee must be approved by a majority of the members of the Senate and a majority of the members of the Assembly appointed to the committee; and be it further

     Resolved, That the Legislative Commission shall submit a report of the results of the study and any recommendations for legislation to the 77th Session of the Nevada Legislature.

________

 


…………………………………………………………………………………………………………………

ê2011 Statutes of Nevada, Page 3871ê

 

FILE NUMBER 44, SJR 15

Senate Joint Resolution No. 15–Committee on Revenue

 

FILE NUMBER 44

 

Senate Joint RESOLUTION—Proposing to amend the Nevada Constitution to repeal the provision establishing a separate tax rate and providing for assessing and disbursing the tax on the net proceeds of mines.

 

Legislative Counsel’s Digest:

       Section 5 of Article 10 of the Nevada Constitution provides for a tax upon the net proceeds of mines which is separate from the tax imposed on all other property. This resolution proposes to repeal the constitutional provision establishing a separate tax on the net proceeds of mines.

 

EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted.

 

     Resolved by the Senate and Assembly of the State of Nevada, Jointly, That Section 1 of Article 10 of the Nevada Constitution be amended to read as follows:

     Section 1.  1.  The Legislature shall provide by law for a uniform and equal rate of assessment and taxation, and shall prescribe such regulations as shall secure a just valuation for taxation of all property, real, personal and possessory . [, except mines and mining claims, which shall be assessed and taxed only as provided in Section 5 of this Article.]

     2.  Shares of stock, bonds, mortgages, notes, bank deposits, book accounts and credits, and securities and choses in action of like character are deemed to represent interest in property already assessed and taxed, either in Nevada or elsewhere, and shall be exempt.

     3.  The Legislature may constitute agricultural and open-space real property having a greater value for another use than that for which it is being used, as a separate class for taxation purposes and may provide a separate uniform plan for appraisal and valuation of such property for assessment purposes. If such plan is provided, the Legislature shall also provide for retroactive assessment for a period of not less than 7 years when agricultural and open-space real property is converted to a higher use conforming to the use for which other nearby property is used.

     4.  Personal property which is moving in interstate commerce through or over the territory of the State of Nevada, or which was consigned to a warehouse, public or private, within the State of Nevada from outside the State of Nevada for storage in transit to a final destination outside the State of Nevada, whether specified when transportation begins or afterward, shall be deemed to have acquired no situs in Nevada for purposes of taxation and shall be exempt from taxation. Such property shall not be deprived of such exemption because while in the warehouse the property is assembled, bound, joined, processed, disassembled, divided, cut, broken in bulk, relabeled or repackaged.

     5.  The Legislature may exempt motor vehicles from the provisions of the tax required by this Section, and in lieu thereof, if such exemption is granted, shall provide for a uniform and equal rate of assessment and taxation of motor vehicles, which rate shall not exceed five cents on one dollar of assessed valuation.

 


…………………………………………………………………………………………………………………

ê2011 Statutes of Nevada, Page 3872 (File Number 44, SJR 15)ê

 

of assessment and taxation of motor vehicles, which rate shall not exceed five cents on one dollar of assessed valuation.

     6.  The Legislature shall provide by law for a progressive reduction in the tax upon business inventories by 20 percent in each year following the adoption of this provision, and after the expiration of the 4th year such inventories are exempt from taxation. The Legislature may exempt any other personal property, including livestock.

     7.  No inheritance tax shall ever be levied.

     8.  The Legislature may exempt by law property used for municipal, educational, literary, scientific or other charitable purposes, or to encourage the conservation of energy or the substitution of other sources for fossil sources of energy.

     9.  No income tax shall be levied upon the wages or personal income of natural persons. Notwithstanding the foregoing provision, and except as otherwise provided in subsection 1 of this Section, taxes may be levied upon the income or revenue of any business in whatever form it may be conducted for profit in the State.

     10.  The Legislature may provide by law for an abatement of the tax upon or an exemption of part of the assessed value of a single-family residence occupied by the owner to the extent necessary to avoid severe economic hardship to the owner of the residence.

And be it further

     Resolved, That Section 5 of Article 10 of the Nevada Constitution is hereby repealed.

________

 

FILE NUMBER 45, ACR 12

Assembly Concurrent Resolution No. 12–Committee on Legislative Operations and Elections

 

FILE NUMBER 45

 

Assembly Concurrent RESOLUTION—Directing the Legislative Commission to conduct an interim study concerning the structure and operations of the Nevada Legislature.

 

     Whereas, The Nevada Legislature is the branch of State Government closest to the people and is responsible for enacting the laws of this State and creating the instruments to carry out such enactments; and

     Whereas, It has been more than 20 years since a comprehensive review has taken place with respect to the Nevada Legislature as an institution of this State, and the needs of the Legislators and the residents of this State have changed during that time; and

     Whereas, A review of the structure and operations of the Nevada Legislature, including, without limitation, the timing, frequency and length of regular legislative sessions and the compensation of Legislators, should be conducted to ensure that the Legislature continues to serve the residents of this State efficiently and effectively; now, therefore, be it

 


…………………………………………………………………………………………………………………

ê2011 Statutes of Nevada, Page 3873 (File Number 45, ACR 12)ê

 

     Resolved by the Assembly of the State of Nevada, the Senate Concurring, That the Legislative Commission is hereby directed to appoint an interim committee to conduct a study concerning the structure and operations of the Nevada Legislature; and be it further

     Resolved, That the interim committee must be composed of six members selected as follows:

     1.  Three members from the Assembly; and

     2.  Three members from the Senate; and be it further

     Resolved, That the study must include, without limitation, an examination of:

     1.  The timing, frequency and length of regular legislative sessions, including, without limitation, an examination of the efficiency and effectiveness of annual regular legislative sessions;

     2.  Legislative procedures and matters relating thereto; and

     3.  The appropriate compensation of Legislators; and be it further

     Resolved, That any recommended legislation proposed by the interim committee must be approved by a majority of the members of the Assembly and a majority of the members of the Senate appointed to the interim committee; and be it further

     Resolved, That the Legislative Commission shall submit a report of the results of the study and any recommendations for legislation to the 77th Session of the Nevada Legislature.

________

FILE NUMBER 46, AJR 5

Assembly Joint Resolution No. 5–Assemblymen Goedhart; Aizley, Goicoechea, Grady, Hambrick, Hammond, Hansen, Hardy, Hickey, Kirner, Kite, Sherwood, Stewart and Woodbury

 

Joint Sponsors: Senators Hardy; Cegavske, Gustavson, Halseth, Rhoads and Settelmeyer

 

FILE NUMBER 46

 

Assembly Joint RESOLUTION—Urging the Federal Government to engage in discussions with the State of Nevada and Clark and Nye Counties, Nevada, regarding the mitigation and containment of water contamination in Nevada which resulted from certain nuclear testing and storage activities that were conducted by the Federal Government in Nye County, Nevada.

 

     Whereas, The Federal Government has conducted numerous public, secret and classified activities and military exercises in Nevada that have resulted in the contamination of the water supply in this State with radioactive material and other hazardous contaminants; and

     Whereas, The Nevada National Security Site, formerly the Nevada Test Site, which is located in Nye County, Nevada, approximately 40 miles north of Pahrump, Nevada, and 65 miles northwest of Las Vegas, Nevada, was established by the Federal Government in 1950 for the purposes of detonating nuclear devices and conducting other public, secret and classified nuclear tests in connection with the research and development of nuclear weapons for use by the Armed Forces of the United States; and

 


…………………………………………………………………………………………………………………

ê2011 Statutes of Nevada, Page 3874 (File Number 46, AJR 5)ê

 

     Whereas, From 1951 until 1992, the Federal Government conducted 100 atmospheric nuclear tests and 828 underground nuclear tests at the Nevada National Security Site, which resulted in the detonation of 1,021 nuclear devices; and

     Whereas, Approximately one-third of the underground nuclear tests at the Nevada National Security Site were conducted directly in aquifers, and many other underground tests were conducted above and below the water table; and

     Whereas, Radioactive particles have migrated via water from the Paiute Mesa area of the Nevada National Security Site toward Beatty, Nevada; and

     Whereas, The United States Department of Energy has estimated that nuclear testing at the Nevada National Security Site left behind more than 300 million curies of radionuclides, making the Site one of the most radioactively contaminated places in the United States; and

     Whereas, Since 1961, Area 5 and Area 3 within the Nevada National Security Site have been primary storage and disposal sites of the Federal Government for low-level and mixed low-level radioactive waste; and

     Whereas, A study conducted on behalf of Nye County concluded that nuclear testing at the Nevada National Security Site has polluted approximately 1.6 trillion gallons of water in this State; and

     Whereas, The aforementioned activities of the Federal Government in Nevada have had a deleterious effect on the environment of this State and have resulted in the contamination of the interconnected surface and subsurface waters, groundwater and aquifers of a large geographic area of Nevada with radioactive and other contaminants; now, therefore, be it

     Resolved by the Assembly and Senate of the State of Nevada, Jointly, That the members of the 76th Session of the Nevada Legislature respectfully urge the Federal Government to engage in discussions with the State of Nevada and Clark and Nye Counties, Nevada, regarding:

     1.  The mitigation and containment of water contamination in Nevada which resulted from nuclear testing and storage activities that were conducted by the Federal Government at the Nevada National Security Site; and

     2.  The restoration of any water contaminated because of those activities; and be it further

     Resolved, That the Chief Clerk of the Assembly prepare and transmit a copy of this resolution to the Secretary of Defense, the Secretary of Energy, the Chairman of the Joint Chiefs of Staff, the Administrator of the Environmental Protection Agency and each member of the Nevada Congressional Delegation; and be it further

     Resolved, That this resolution becomes effective upon passage.

________

 


…………………………………………………………………………………………………………………

ê2011 Statutes of Nevada, Page 3875ê

 

FILE NUMBER 47, ACR 13

Assembly Concurrent Resolution No. 13–Committee on Legislative Operations and Elections

 

FILE NUMBER 47

 

Assembly Concurrent RESOLUTION—Providing for the compensation of the clergy and the coordinator of the clergy for services rendered to the Assembly and Senate during the 76th Session of the Nevada Legislature.

 

     Whereas, The members of the 76th Session of the Nevada Legislature sincerely appreciate the daily religious services that are rendered by members of the clergy representing various denominations; and

     Whereas, The invocations offered by the clergy provide inspiration and guidance for the members of the Nevada Legislature as they face the challenges and demands of a legislative session; and

     Whereas, The assistance provided by the coordinator of the clergy facilitated the daily services; and

     Whereas, A reasonable compensation should be provided for the clergy who performed such services and for the coordinator of the clergy; now, therefore, be it

     Resolved by the Assembly of the State of Nevada, the Senate Concurring, That the State Controller is authorized and directed to pay the sum of $35 per service out of the Legislative Fund to the members of the clergy who performed religious services for the Assembly and the Senate during the 76th Session of the Nevada Legislature; and be it further

     Resolved, That the State Controller is authorized and directed to pay the sum of $2,000 to the coordinator of the clergy who facilitated the services for the Assembly and the Senate during the 76th Session of the Nevada Legislature.

________

FILE NUMBER 48, AR 10

Assembly Resolution No. 10–Assemblyman Oceguera

 

FILE NUMBER 48

 

Assembly RESOLUTION—Expressing appreciation to the staff of the Assembly for their dedication and exceptional performance during the 76th Session of the Nevada Legislature.

 

     Whereas, Each biennium, the Nevada Legislature convenes to address the challenging issues faced by this State; and

     Whereas, With a constitutionally mandated 120-day limitation on the length of the legislative session, it is critical that the legislative session proceed in an effective and efficient manner; and

     Whereas, This daunting task requires a dedicated and talented staff which is capable of performing a multitude of functions and responding promptly to the different challenges that arise during the legislative session; and

 


…………………………………………………………………………………………………………………

ê2011 Statutes of Nevada, Page 3876 (File Number 48, AR 10)ê

 

     Whereas, The Assembly Front Desk Staff, Sergeant at Arms and his staff, Personal Attaches, Committee Services Staff, Administrative Services Staff and other attaches of the Assembly have worked diligently and efficiently in providing exceptional service to the members of the Assembly; and

     Whereas, The extraordinary people who have chosen to work with the Assembly during the 76th Session of the Nevada Legislature have carried out their duties on behalf of the residents of the State of Nevada with a professional attitude and tireless resolve; and

     Whereas, Their herculean efforts earlier this week enabled the Assembly to coast to a smooth finish on a day that is typically one of the more arduous deadlines of the legislative session; now, therefore, be it

     Resolved by the Assembly of the State of Nevada, That the members of the Assembly of the 76th Session of the Nevada Legislature do hereby express their sincere appreciation and commend the outstanding support staff of the Assembly, which includes Matthew Baker, Lucinda Benjamin, Diane Keetch, Christie Peters, Jason P. Hataway, Jeanne Douglass, Robin L. Bates, Norman Budden, Linda Marrone, Mary A. Matheus, Sharon P. Murphy, Steven J. Sweeney, Debra Williams, Marge Griffin, Patricia A. Manning, Jasmine Shackley, Leslie Danihel, Dan Giraldo, Christina Coats, Riley Sutton, Matthew Walker, Jean Kvam, Gianna Shirk, Joyce Hess, Alicia Taylor Sisneros, Toshiko McIntosh, Carolyn Maynick, Sara Menke, Laurel Armbrust, Lona M. Domenici, Janet F. Stokes, Ashley Massey, Mary Bean, Mark Sprinkle, Kathryn L. Alden, Harle Glover, Mary Lee, Adrian Viesca, Mistia Zuckerman, Taylor Anderson, Nichole Bailey, Cynthia Carter, Andrew Diss, Patti Adams, Connie Davis, Anne Bowen, Jordan Butler, Tenna Herman, Sherie Silva, Carol J. Thomsen, Janice Wright, Linda Blevins, Theresa Horgan, Jean Bennett, Lenore Carfora-Nye, Judith Coolbaugh, Janel Davis, Nancy Davis, Jeff Eck, Mary Garcia, Julie Kellen, Sharon McCallen, Jenny McMenomy, Earlene Miller, Jordan Neubauer, Mitzi Nelson, Diane O’Flynn, Rebecca Richman, Karyn Werner, Linda Whimple, Cheryl L. Williams, Sylvia Brown, Sylvia Dominguez-Curry, Judith Fisher, Karen Fox, Laureen Garcia, Lisa Gardner, Patricia J. Hutson, Millicent Jorgenson, Denise A. Larsen, Linda Law, Deanna Lazovich, Beatriz Martinez, Lezlie Mayville, Mary Merry, Blayne Osborne, Sheree L. Rosevear, Dennis Roy, Jennifer Scaffidi, Swati Singh, Cindy Southerland, Nancy Tatum, Jackie Valley, Linda Waters, Cheryl Yates, Cinthia Zermeno, Cynthia Wyett, Olivia M. Lloyd, Michael Smith, Sally A. Stoner, Jordan Davis, Victoria Hinder, Diane Hudson, Verdene Johnson, David E. Moore, Larry Peri, Marcia Peterson, Elizabeth Saenz, Ted Zuend, June Bennett, Deanna Keirstead, Sherwood Howard; 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.

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