Journal
of the
SENATE of the
State
of Nevada
NINETEENTH SPECIAL SESSION
THE FIRST DAY
Carson City (Tuesday), June 3, 2003
Senate called to order at 5:28 p.m.
President Hunt presiding.
Prayer by the Chaplain, Pastor Albert Tilstra.
Our God, we are glad that You are never tired of listening to the
requests of Your friends here on earth. You are a God who has told us that You
never slumber or sleep. There are a few here in this Senate Chamber who
probably are a little sleep deprived, but give them Your wisdom as they sort
out the final steps that need to be taken to close the financial needs in our
State. Thank You for Your answers to this prayer.
Amen.
Pledge of allegiance to the Flag.
MOTIONS,
RESOLUTIONS AND NOTICES
Madam President requested Mrs. Claire J. Clift to serve as temporary Secretary of the Senate and Mr. Charles P. Welsh to serve as temporary Sergeant at Arms.
Madam President instructed the temporary Secretary to call the roll of the Senators.
Roll called.
All Senators present.
Senator Raggio moved that the organization of the Senate of the Seventy‑second Session of the Nevada Legislature be designated as the organization for the Nineteenth Special Session of the Nevada Legislature.
Remarks by Senator Raggio.
Motion carried.
Senator Raggio moved that the Secretary of the Senate be instructed to insert the Nineteenth Special Session organization in the Journal of the Senate, as outlined in the handout located on each Senator’s desk.
Remarks by Senator Raggio.
Motion carried.
PRESIDENT PRO
TEMPORE OF THE SENATE―
Senator Mark E. Amodei
MAJORITY FLOOR
LEADER―
Senator
William J. Raggio
ASSISTANT
MAJORITY FLOOR LEADER―
Senator Raymond D. Rawson
MAJORITY
WHIP―
Senator Dean A. Rhoads
ASSISTANT
MAJORITY WHIP―
Senator
Sandra J. Tiffany
MINORITY FLOOR
LEADER―
Senator Dina Titus
ASSISTANT
MINORITY FLOOR LEADER―
Senator Bernice Mathews
MINORITY WHIP―
Senator Valerie Wiener
SECRETARY OF THE
SENATE―
Claire J. Clift
Madam President appointed Senators Rhoads, Amodei and Carlton as a committee of three to inform the Assembly that the Senate is organized and ready for business.
Madam President appointed Senators Tiffany, Nolan and Wiener as a committee of three to inform the Governor that the Senate is organized and ready for business.
Senator Raggio moved that the following persons be accepted as accredited press representatives, and that they be assigned space at the press table and allowed the use of appropriate media facilities: ASSOCIATED PRESS, Benjamin Kieckhefer, Ryan Pearson; BUREAU OF NATIONAL AFFAIRS, William Carlile; DAILY SPARKS TRIBUNE/KAME/KRXI-TV, Andrew Barbano; ELKO DAILY FREE PRESS, Jerry Blair; FOX 5 NEWS, Garrett Breit, John Huck; KLAS-TV, Matthew Adams, Richard Czarny, George Knapp, Victor Woodall; KLVX-TV, Tom Axtell; KNPB-TV, Erin Breen, Ali Herndon-Ortega, Jack Kelly, Bonnie Maclean, Dennis Myers, Ethan Salter, Dave Santina, Douglas Walters; KOLO-TV CHANNEL 8, Brent Boynton, Jean Casarez, Mark Cronon, Jeff Deitch, Tim Ill, Justin Kanno, Josh Little, Vicky Nguyen, Ed Pearce, Terri Russell, James Steiner; KPTL-RADIO, Cheri D. Flynn, Scott Gahagen, Ron Harrison, Jarvis Kaler, Terrie Q. Sayre; KTNV-TV NEWS 13, Mark Sayre; KVBC-NEWS 3, Alyssa Anderson, Justin Rush, Kendall Tenney; KWNA-RADIO, Torrey Sheen; LAS VEGAS CITYLIFE, Matt O'Brien; LAS VEGAS SUN, Michael Campbell, David Clayton, Dana Gentry, Jeff German, Matt Hufman, Steve Kanigher, Jennifer Knight, Ed Koch, Aaron Mayes, Erin Neff, Judy Odierna, Angla Pilmer, Launce Rake, Jon Ralston, Emily Richmond, Cy Ryan, Susan Snyder; NEVADA APPEAL, Cathleen Allison, Brian Corley, Rhonda Costa‑Landers, Kelli Du Fresne, Ray Estrada, Rick Gunn, Brad Horan, Karl Horeis, Jill Keller, Francine Norton, Barry Smith, Teri Vance, Susan Vasquez; NEVADA BROADCASTER'S ASSOCIATION, Robert David Fisher; NKPR NEVADA PUBLIC RADIO, Kyril Pluskon; NORTH LAKE TAHOE BONANZA, Rick Adair; NORTH LAKE TAHOE BONANZA, Kirk Caraway; NORTHERN NEVADA BUSINESS WEEKLY, Anne Knowle; SAM SHAD PRODUCTIONS, Sam Breen, Ande Engleman, Samuel Shad; THE MEDIA CENTER, Don Alexander, Kim Anhalt, John Bankhead, Jeremy Baumann, Nancy Burgess, Carol Cizauskas, Kaye Crawford, Charles M. Evans, Fred Fichman, Mitch Fox, Henry King, David Kizler, John Ponzo, Earl Spriggs; THE UNLV REBEL YELL, Erik Ball, Nick Christensen, Angela Flores; UNIVISION-LAS VEGAS NEWS, Jorge Avila, Sol Binkier, Ricardo Fernandez, Janette Luviano, Joel Romo, Xochitl Sandoval, Johanna Suarez, Brenda Torres, Roger Velado; VARTEK, Marcia Cohen, Michael Vargas; VIRGINIA CITY REGISTER, Gary M. G. Deacon, Scott Phillips, Bill Sjovaugen, Sharon Truehill, Douglas Truehill, Ernst Wipple and WE THE PEOPLE, Shayne Del Cohen.
Motion carried.
Madam President announced that if there were no objections, the Senate would recess subject to the call of the Chair.
Senate in recess at 5:34 p.m.
SENATE IN
SESSION
At 5:39 p.m.
President Hunt presiding.
Quorum present.
A committee from the Assembly composed of Assemblyman Anderson, Assemblywoman Leslie and Assemblyman Hardy appeared before the bar of the Senate and announced that the Assembly was organized and ready for business.
Madam President announced that if there were no objections, the Senate would recess subject to the call of the Chair.
Senate in recess at 5:40 p.m.
SENATE IN
SESSION
At 5:43 p.m.
President Hunt presiding.
Quorum present.
Senator Rhoads reported that his committee had informed the Assembly that the Senate is organized and ready for business.
Senator Tiffany reported that her committee had informed the Governor that the Senate is organized and ready for business.
MESSAGES FROM THE GOVERNOR
State
of Nevada
Executive
Chamber
Carson
City, Nevada 89701
June 3, 2003
The Honorable Senator
William J. Raggio, Majority Leader, Nevada State Senate
Legislative
Building, Carson City, Nevada 89701-4747
To the Members of the
Nevada State Senate:
The Nevada State Constitution, in Article V, section
9, provides that the Governor may on extraordinary occasions convene a special
session of the Legislature by proclamation.
This
afternoon I have issued my proclamation convening a special session of the
Legislature. Therefore, I request that you remain in Carson City to complete
some important legislative work. I have defined and limited the scope of your
legislative endeavors within my proclamation calling this special session.
Consider only the matters set forth in this proclamation, and I wish you well
in completing your legislative business.
All of
our citizens are hopeful that your efforts will meet with success.
Sincerely,
Kenny
C. Guinn
Governor of
Nevada
A PROCLAMATION BY THE
GOVERNOR:
WHEREAS, Section 9 of Article V of the
Constitution of the State of Nevada provides that, “The Governor may on
extraordinary occasions, convene the Legislature by Proclamation and shall
state to both houses when organized, the purpose for which they have been
convened, and the Legislature shall transact no legislative business, except
that for which they were specially convened, or such other legislative business
as the Governor may call to the attention of the Legislature while in Session;”
WHEREAS, believing that an extraordinary
occasion now exists which requires immediate action by the Legislature;
NOW, THEREFORE, I, KENNY C. GUINN, GOVERNOR OF THE STATE OF
NEVADA, by virtue of the authority vested in me by the Constitution of the
State of Nevada, do hereby convene the Legislature into a Special Session to
begin at 4:00 p.m. and to end at 5:00 p.m. on June 6, 2003.
During the extraordinary session, the Legislature may consider a
tax plan sufficient to meet all of the appropriations and other spending
measures that were passed during the 72nd Session of the Nevada Legislature and
which may be passed during this Special Session. The Legislature may further
consider during this session the matters contained within Assembly Bill 536,
Senate Bill 508, and Senate Bill 509 of the 72nd Session of the Nevada
Legislature.
The Legislature may also consider an appropriation to pay for the
cost of the session and any other matters brought to the attention of the
Legislature by the Governor during the Special Session.
IN WITNESS WHEREOF, I have
hereunto set my hand and caused the Great Seal of the State of Nevada to be
affixed at the State Capitol in Carson City, this 3rd day of June, in the year
two thousand three.
Kenny C. Guinn
Governor
Dean Heller
Secretary of State
Renee Parker
Chief Deputy Secretary of State
MOTIONS, RESOLUTIONS AND NOTICES
By Senators Raggio and Titus:
Senate Resolution No. 1—Adopting the Rules of the Senate for the 19th Special Session of the Legislature.
Resolved by the Senate of the State of
Nevada, That the following Rules of the Senate for the 19th Special
Session of the Legislature are hereby adopted:
I. APPLICABILITY
Rule
No. 1. Generally.
The Rules of the Senate for the 19th Special
Session of the Legislature are applicable only during the 19th Special Session
of the Legislature
II.
OFFICERS AND EMPLOYEES
Duties of Officers
Rule
No. 2. President.
The President shall take the chair and call
the Senate to order precisely at the hour appointed for meeting. He 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. He may speak to points of order in preference to members,
rising from his 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. He
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. He has general direction of the Senate Chamber.
Rule
No. 3. President Pro Tem.
The President Pro Tem has all the power and
shall discharge all the duties of the President during his absence or inability
to discharge the duties of his office. In the absence or inability of the
President Pro Tem to discharge the duties of the President’s office, the Senate
shall elect one of its members as the presiding officer for that occasion.
Rule
No. 4. Secretary.
1. The
Secretary of the Senate is elected by the Senate, and shall:
(a) Interview and recommend 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 as needed.
(d) Unless otherwise ordered by the Senate,
transmit as soon as practicable 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.
Rule
No. 5. 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. He 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.
(b) Interview and recommend 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. 6. 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. He shall be sworn to keep the secrets of the Senate.
III.
SESSIONS AND MEETINGS
Rule
No. 7. 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. 8. Absence—Leave Required.
No Senator shall absent himself 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 his per diem shall not be
allowed him.
Rule
No. 9. Open Meetings.
1. Except
as otherwise provided in the Constitution of the State of Nevada and in
subsection 2 of this rule, all meetings of the Senate and the Committee of
the Whole must be open to the public.
2. A
meeting may be closed to consider the character, alleged misconduct,
professional competence, or physical or mental health of a person.
IV.
DECORUM AND DEBATE
Rule
No. 10. 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 to order. If a Senator is so
called to order, he shall not proceed without leave of the Senate. If such
leave is granted, it must be upon the motion, “That he be allowed to proceed in
order,” and the Senator shall confine himself 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. 11. 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 him 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.
V. QUORUM, VOTING, ELECTIONS
Rule
No. 12. Action Required to be Taken in
Senate Chamber.
Any action taken by the Senate must be taken
in the Senate Chamber.
Rule
No. 13. 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 “aye” or “no” or record himself 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. 14. 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. 15. 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 seat;
(b) Vote upon any question in which he is in
any way personally or directly interested;
(c) Explain his vote or discuss the question
while the voting is in progress; or
(d) Change his vote after the result is
announced.
3. The
announcement of the result of any vote must not be postponed.
VI.
LEGISLATIVE BODIES
Rule
No. 16. Committee of the Whole.
1. All
bills and resolutions may be referred only to the Committee of the Whole.
2. The
Majority Leader shall preside as Chairman of the Committee or name a Chairman
to preside.
3. Any
meeting of the Committee of the Whole may be conducted outside the Senate
Chamber, as designated by the Chairman of the Committee.
4. A
member of the Committee may speak only once on an item listed on the
Committee’s agenda, for a period of not more than 10 minutes, unless he is
granted leave of the Chairman to speak for a longer period or more than once.
If a member is granted leave to speak for a longer period or more than once,
the Chairman may limit the length of additional time that the member may speak.
5. The
Chairman may require any vote of the Committee to be recorded in the manner
designated by the Chairman.
6. All
amendments proposed by the Committee:
(a) Must first be approved by the Committee.
(b) Must be reported by the Chairman to the
Senate.
7. The
minutes of the Committee’s meetings must be entered in the final Journal.
Rule
No. 17. 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. The rules of parliamentary practice contained in Mason’s
Manual of Legislative Procedure shall govern the Committee in all cases in
which they are applicable and in which they are not inconsistent with the rules
and orders of the Senate.
Rule
No. 18. Motion to Rise Committee of the
Whole.
A motion that the Committee rise shall
always be in order, and shall be decided without debate.
VII.
RULES GOVERNING MOTIONS
A. Motions
Generally
Rule
No. 19. 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. 20. 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
lay on the table.
4. For
the previous question.
5. To
postpone to a day certain.
6. To
commit.
7. To
amend.
8. To
postpone indefinitely.
The
first four shall be decided without debate.
Rule
No. 21. When Not Entertained.
1. When
a motion to commit, 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 Special Session.
3. There
must be no reconsideration of a vote on a motion to postpone indefinitely.
B. Particular
Motions
Rule
No. 22. 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. 23. Lay on the Table.
A motion to lay on or take from the table
shall be carried by a majority vote.
Rule
No. 24. To Strike Enacting Clause.
A motion to strike out the enacting clause
of a bill or resolution has precedence over a motion to commit or 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. 25. 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. 26. Explanation of Motion.
Whenever a Senator moves to change the usual
disposition of a bill or resolution, he shall describe the subject of the bill
or resolution and state the reasons for his requesting the change in the
processing of the bill or resolution.
VIII.
DEBATE
Rule
No. 27. Speaking on Question.
1. Every
Senator who speaks shall, standing in his place, address “Mr. or Madam
President,” in a courteous manner, and shall confine himself to the question
before the Senate. When he has finished, he shall sit down.
2. Except
as otherwise provided in Senate Rules Nos. 10 and 45 of the 19th Special
Session, a Senator may speak only once on a question before the Senate, for a
period of not more than 10 minutes, unless he is granted leave of the
President to speak for a longer period or more than once. If a Senator is
granted leave to speak for a longer period or more than once, the President may
limit the length of additional time that the member may speak.
3. Incidental
and subsidiary questions arising during debate shall not be considered the same
question.
Rule
No. 28. 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 now 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 has the floor move to put that question.
IX.
CONDUCT OF BUSINESS
A. Generally
Rule
No. 29. 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 rules and orders of the Senate for the 19th Special
Session of the Legislature, and the Joint Rules of the Senate and Assembly for
the 19th Special Session of the Legislature.
Rule
No. 30. Suspension of Rule.
No rule or order of the Senate for the 19th
Special Session of the Legislature shall be rescinded or changed without a
majority vote of the Senate; but, except as otherwise provided in Senate Rule
No. 39 of the 19th Special Session of the Legislature, a rule or order may be
temporarily suspended for a special purpose by a majority vote of the members
present. When the suspension of a rule is called for, and after due notice from
the President no objection is offered, he can announce the rule suspended and
the Senate may proceed accordingly; but this shall not apply to that portion of
Senate Rule No. 39 of the 19th Special Session of the Legislature relating to
the third reading of bills, which cannot be suspended.
Rule
No. 31. 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. 32. 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) Attachés and employees 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. 33. 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.
Rule
No. 34. 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. 35. 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. 36. Questions Relating to Priority
of Business.
All questions relating to the priority of
business shall be decided without debate.
B. Bills
Rule
No. 37. Requests for the Drafting of
Bills, Resolutions and Amendments.
The Legislative Counsel shall not honor a
request for the drafting of a bill, resolution or amendment to be introduced in
the Senate unless it is submitted by the Committee of the Whole, a Conference
Committee or the Governor.
Rule
No. 38. Introduction of Bills.
1. Except
as otherwise provided in this rule, no bill or resolution may be introduced in
the Senate unless it is first approved by the Committee of the Whole.
2. The
provisions of subsection 1 do not apply to a bill or resolution that is:
(a) Required to carry out the business of
the Senate or the Legislature; or
(b) Requested by the Governor.
3. Skeleton
bills may not be introduced.
Rule
No. 39. 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 members elected
to 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 receive no further consideration?”
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 committed until once read, nor amended until twice read.
4. The
third reading of every bill must be by sections.
Rule
No. 40. Second Reading File—Consent
Calendar.
1. All
bills or joint resolutions reported by the Committee of the Whole must be
placed on a Second Reading File unless recommended for placement on the Consent
Calendar.
2. The
Committee of the Whole 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 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.
4. When
the Consent Calendar is called, 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. 41. Reading of Bills—General File.
1. Upon
reading of bills on the Second Reading File, Senate and Assembly bills reported
without amendments must be placed on the General File.
2. Only
amendments proposed by the Committee of the Whole or a Conference Committee may
be considered.
3. Amendments
proposed by the Committee of the Whole and reported with bills may be adopted
by a majority vote of the members present. Bills so amended must be reprinted,
engrossed or reengrossed, and placed on the General File. The File must be
posted in the Senate Chamber and made available to members of the public each
day by the Secretary.
Rule
No. 42. Reconsideration of Vote on
Bill.
No motion to reconsider a vote is in order.
C. Resolutions
Rule
No. 43. Treated as Bills.
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. A joint resolution proposing an amendment to the constitution
shall be entered in the journal in its entirety.
Rule
No. 44. Treated as Motions.
Resolutions, other than those referred to in
Senate Rule No. 43 of the 19th Special Session of the Legislature, shall be
treated as motions in all proceedings of the Senate.
Rule
No. 45. 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 the Committee of the Whole.
5. Messages
from the Governor.
6. Messages
from the Assembly.
7. Communications.
8. [Reserved.]
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 member may speak under this order of
business for a period of not more than 5 minutes each day.
Rule
No. 46. Privilege.
Any Senator may rise and explain a matter
personal to himself by leave of the President, but he shall not discuss any
pending question in such explanation.
Rule
No. 47. 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. 48. 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.
Senator Raggio moved the adoption of the resolution.
Remarks by Senators Raggio and Neal.
Senator Raggio requested that the following remarks be entered in the Journal.
Senator Raggio:
Senate Resolution No. 1 provides for the adoption of the Senate
Rules for the 19th Special Session of the Legislature. Because of the limited
time available to consider the issues presented in the Governor’s Proclamation,
these rules have been drafted to accommodate the special circumstances of this
session and have been based on the rules that the Senate adopted for the 18th
Special Session. The rules provide that the Senate will meet as a Committee of
the Whole to hear all testimony on the legislation to be considered. This
ensures that all members of the Senate can have input into the process and
avoids the duplication of testimony.
We will enact a revenue plan and deal with the other issues in
the Governor’s Proclamation. The issues deal with the distributive school
account and the class-size legislation. One item not on the proclamation which
will have to be added is S.B. No. 191 of the 72nd Session which provides the
essential funding for the No Child Left Behind Act, and that has to be enacted.
I will convey that to the Governor by June 9. That is the outside date;
otherwise, we lose all of the federal funding that goes with that bill.
We have been through 120 days of a complex and difficult session.
We have focused on a revenue plan to fund a budget. The budget has been passed
by both Houses. It needs to be funded. We could continue to argue about the
issues, but the Governor has limited our decisions to developing a revenue plan
and to passing out appropriate measures dealing with class-size funding and the
distributive school account.
There may be some criticism that we did not reach a decision and
that caused us to be in a special session. I view it as a situation where we
were involved in a 120-day process. We heard from all kinds of special
interests, and they are dedicated to their positions. It is time for the
Legislature to step back and to ask these people to do the same so that we may take
a fresh start on this task. We do so in as cost efficient a manner as possible.
We can remove ourselves from extraneous issues we were dealing with during the
regular Session. We can now focus on these specific items. The public expects
no less. They expect us to act as a legislative body and to operate as
Legislators without undue outside influence. That will happen if we adopt these
procedures and adopt these rules.
Under the rules, every member will be a member of the Committee
of the Whole and will participate on an equal basis. We should participate in
that format and avoid as many outside meetings as possible. This should be as
public a process as possible. A bill or resolution may not be introduced unless
it is first approved by the Committee. Exceptions have been provided for bills
that are necessary to carry out the business of the Senate so that the Senate
may begin to conduct its business as soon as possible. The Committee of the
Whole must also approve any amendments to legislation being considered. An
amendment that is not proposed by the Committee of the Whole or by a conference
committee may not be considered.
The staff and the bill drafters were overworked during the last
session. They were in a situation where, during the last days, people were
standing in line at their door wanting amendments. The tax plan had 23
amendments requested. There were others standing in line to get more. During
the last special session, we accommodated that concern on mechanics. We
required that the bills and amendments be addressed through the Committee of
the Whole. We gave full opportunity for those to be considered. Exceptions have
been made for bills necessary for carrying out the business of the Senate.
Under the rules, the Committee of the Whole must approve any amendment to
legislation being considered. An amendment not proposed by the Committee of the
Whole or a conference committee may not be considered. Anticipating that, there
should not be any serious debate or concern about some of the issues. We have
approved the class-size reduction funding. We have approved the distributive
school account funding. I have requested bills for those purposes in compliance
with the proclamation so we may get those issues out of the way. They would be
co-sponsored by the Minority Leader and the Majority Leader.
In order to complete our business in an expedient manner, there
are certain limitations on the period of time a member of the Committee of the
Whole and members of Senate may speak on a question when the Senate is in
session. Members of the Committee may speak on an item on the Committee’s
agenda for no more than 10 minutes. However, it is understood that a certain
amount of flexibility is required to allow a proper understanding of the issues
before us. Therefore, the rules allow the Chairman of the Committee or the
President of the Senate to extend the amount of time for discussion if required
for a full understanding of an issue being addressed.
Finally, under the rule, it may be necessary to shorten the length
of time required to process bills. To ensure that there is no delay in
completing the special session, the rules of the Senate may be suspended by a
majority vote unless a two-thirds vote is required by the State Constitution.
For this same purpose, a motion to reconsider a vote will not be in order.
Senator neal:
Thank
you, Madam President. Do I understand that the Committee of the Whole would
take statements to be included in any bill and consider those statements if
voted upon by the majority of the committee to create an amendment? The reason
I am asking this question is that I have an interest in increasing the gaming
tax. We had amendments on the floor that could not be placed into any of the
bills that were introduced in this last session. If I should happen to propose
a question or addition to a bill, would it mean that I would have to get a
majority vote of the committee? If that is the case, then the committee could
move forward to have that drafted into the bill itself. Is that correct?
Senator Raggio:
I envision it operating in this manner. This issue
is unique. As I indicated when referring to the distributive school fund, the
bill can be disposed of easily. When we deal with a revenue plan, we understand
that any revenue plan must receive a two-thirds vote of this House to be
passed. The same is true in the other House. Eventually, any tax or revenue
plan is going to have to receive a two-thirds vote by both Houses. If we adopt
these rules, the Committee of the Whole will begin work tomorrow morning. I
have alerted the staff to be available, and we will be sharing them with the
other House. The staff of the Senate Finance Committee and the Senate Taxation
Committee as well as other appropriate staff will be available to sit with the
Committee of the Whole. The tax committee has been through extensive
discussions on the revenue plan. There might be new plans with new components.
I was asked by the press if the gross receipt tax is still an
issue. Having spoken with many of you and with the Speaker and the Minority
Leader of the other House, I made the statement that the gross receipt tax or
any progeny of it is off the table. That is my opinion but measured by what I
hear. We ought to move ahead from that point and discuss other alternatives to
what is considered a broad-based tax that fits into a revenue plan.
Both the Governor and I have been asked by the press, "if
that is off the table, what kind of broad-based tax will be considered in any
revenue plan?" It depends on whom you ask as to what a broad-based tax
plan is. It is usually the tax that a person does not pay. We have to do this
correctly. Not everyone here sat on the taxation committee or on the finance
committee. As Majority Leader, I will designate myself as Chairman and I will
designate Senator McGinness, who Chairs the Senate Taxation Committee, as
Vice Chairman of the Committee of the Whole.
I have asked the staff to be ready tomorrow to go through all of
the components suggested for any revenue plan. That includes Senator Neal’s
suggestion about gaming. It includes all of the items without objections, some
about the removal of rebates or allocations. We will have those reviewed
without having much additional input because they are familiar now. As Chairman
of the Committee of the Whole, it will be appropriate, as we look at each item,
to determine whether or not there is a two-thirds vote in this House to support
any particular segment of a plan. I am not certain, that in those decisions, a
majority vote would be of any real indication of House passage. We should go
down the list without specifying a rate or an amount of money, just determine
whether or not there are two-thirds of the members of this Senate who would
support any component of a proposed plan.
There are many other ideas out there. Other ideas include a net
profits tax, a payroll tax, a gaming tax, a room tax and a sales tax. I have
not placed these in any particular order or priority. If additional information
is necessary, I am certain the representatives from various sectors are ready
to give us any additional information that is needed. They do not need to
expand a great deal on what they have already presented, either publicly in the
taxation committee or privately in the hallways. I want to emphasize that we
can do this in an orderly fashion. If we go through and reach the bottom of
this list, we should have a good idea what two-thirds of this body is ready to
support. At that point, we will know the numbers necessary to fund a budget.
Everyone in this House will participate. We are not doing it in a
separate Republican caucus or a separate Democrat caucus or in little groups in
smoke filled rooms. We can get to the point where we can start talking about
this rate or that rate. I want to make it clear that we are trying to do this
efficiently and objectively and to not waste our time. If there is a component
in there, whether it is your favorite topic or mine, and there is not a chance
of getting a two-thirds vote, it will be dropped. My goal is not to go into a
second or third special session.
Senator Neal:
Thank
you, Madam President. I did have some questions on the debate on page 11,
subsection 2, but I am not going to argue the point even though I know and
continue to accept that this rule you have provided is a precedent for future
Legislatures. As you know in last session’s Journal, I protested a certain rule being included. I am not going to do
that today.
In my
last response to the Majority Leader, relative to my issue of imposing an
increase in the gaming tax, we are not afraid of the two-thirds majority vote
because 67 percent of the people of this State have indicated they want an
increase in the gaming tax.
Resolution adopted unanimously.
By Senators Raggio and Titus:
Senate Resolution No. 2—Providing that no allowances will be paid for the 19th Special Session of the Nevada Legislature for periodicals, stamps, stationery or communications.
Resolved by the Senate of the State of Nevada,
That for the 19th Special Session of the Nevada Legislature,
no allowances will be paid for members of the Senate for periodicals, stamps,
stationery or the use of telephones and no allowances will be paid for the
President Pro Tempore, Majority Leader, Minority Leader or chairman of a
committee of the Senate for postage, telephone tolls or other charges for
communications.
Senator Raggio moved the adoption of the resolution.
Remarks by Senators Raggio and Coffin.
Resolution adopted unanimously.
By Senators Raggio and Titus:
Senate Resolution No. 3—Providing for the appointment of attaches.
Resolved by the Senate of the State of Nevada,
That the following persons are elected as attaches of the Senate for the 19th
Special Session of the Nevada Legislature: Mary Jo Mongelli, Ann-Berit Moyle,
Mary R. Phillips, Molly Dondero, Susan S. Whitford, Rebecca M. Harris, Charles
P. Welsh, Sam A. Palazzolo, John D. Turner, Ronald Sandoval, Evelyn Mattheus,
Jo Greenslate, Barbara Moss, Alice Nevin and Patricia Vardakis.
Senator Raggio moved the adoption of the resolution.
Remarks by Senator Raggio.
Resolution adopted unanimously.
MESSAGES FROM THE ASSEMBLY
Assembly
Chamber, Carson
City, June 3, 2003
To the
Honorable the Senate:
I
have the honor to inform your honorable body that the Assembly on this day
adopted Assembly Concurrent Resolution No. 1.
MOTIONS, RESOLUTIONS AND NOTICES
Resolved by the Assembly of the State of
Nevada, the Senate Concurring, That the following Joint Rules of the Senate and
Assembly for the 19th Special Session of the Legislature are hereby
adopted:
APPLICABILITY OF JOINT RULES
Rule No. 1. Generally.
The Joint Rules for the 19th Special Session of the Legislature are applicable only during the 19th
Special Session of the Legislature.
CONFERENCE COMMITTEES
Rule No. 2. Procedure
Concerning.
1. In every case of an amendment of a bill, or
joint or concurrent resolution, agreed to in one House, dissented from in the
other, and not receded from by the one making the amendment, each House shall
appoint a committee to confer with a like committee to be appointed by the
other; and the committee so appointed shall meet publicly at a convenient hour
to be agreed upon by their respective chairmen and announced publicly, and
shall confer upon the differences between the two Houses as indicated by the
amendments made in one and rejected in the other and report as early as
convenient the result of their conference to their respective Houses. The
report shall be made available to all members of both Houses. The whole subject
matter embraced in the bill or resolution shall be considered by the committee,
and it may recommend recession by either House, new amendments, new bills or
resolutions, or other changes as it sees fit. New bills or resolutions so
reported shall be treated as amendments unless the bills or resolutions are
composed entirely of original matter, in which case they shall receive the
treatment required in the respective Houses for original bills, or resolutions,
as the case may be.
2. The report of a conference committee may be
adopted by acclamation, and such action may be considered equivalent to the
adoption of amendments embodied therein. The report is not subject to amendment.
If either House refuses to adopt the report, or if the first conference
committee has so recommended, a second conference committee may be appointed.
No member who served on the first committee may be appointed to the second.
3. There shall be but two conference committees
on any bill or resolution. A majority of the members of a conference committee
from each House must be members who voted for the passage of the bill or
resolution.
MESSAGES
Rule No. 3. Procedure
Concerning.
1. Proclamations by the
Governor convening the Legislature in extra session shall, by direction of the
presiding officer of each House, be read immediately after the convening
thereof, filed and entered in full in the Journal of proceedings.
2. Whenever a message
from the Governor is received, the Sergeant at Arms will announce: “Mr.
President, or Mr. Speaker, the Secretary of the Governor is at the bar.” The
secretary will, upon being recognized by the presiding officer, announce: “Mr.
President, or Mr. Speaker, a message from His Excellency, the Governor of
Nevada, to the Honorable, the Senate or Assembly,” and hand same to the
Sergeant at Arms for delivery to the Secretary of the Senate or Chief Clerk of
the Assembly. The presiding officer will direct any message from the Governor
to be received, read and entered in full in the Journal of proceedings.
3. Messages from the Senate to the Assembly
shall be delivered by the Secretary or Assistant Secretary, and messages from
the Assembly to the Senate shall be delivered by the Chief Clerk or Assistant
Chief Clerk.
NOTICE OF FINAL ACTION
Rule No. 4. Communications.
Each House
shall communicate its final action on any bill or resolution, or matter in
which the other may be interested, by written notice. Each such notice sent by
the Senate must be signed by the Secretary of the Senate, or a person
designated by the Secretary. Each such notice sent by the Assembly must be
signed by the Chief Clerk of the Assembly, or a person designated by the Chief
Clerk.
BILLS AND JOINT RESOLUTIONS
Rule No. 5. Signature.
Each
enrolled bill or joint resolution shall be presented to the presiding officers
of both Houses for signature. They shall, after an announcement of their
intention to do so is made in open session, sign the bill or joint resolution and
their signatures shall be followed by those of the Secretary of the Senate and
Chief Clerk of the Assembly.
Rule No. 6. Joint
Sponsorship.
1.
A bill or resolution introduced by a
committee of the Senate or Assembly may, at the direction of the chairman of
the committee, set forth the name of a committee of the other House as a joint
sponsor, if a majority of all members appointed to the committee of the other
House votes in favor of becoming a joint sponsor of the bill or resolution. The
name of the committee joint sponsor must be set forth on the face of the bill
or resolution immediately below the date on which the bill or resolution is
introduced.
2. The Legislative Counsel shall not cause to be
printed the name of a committee as a joint sponsor on the face of a bill or
resolution unless the chairman of the committee has signed his name next to the
name of the committee on the colored back of the introductory copy of the bill
or resolution that was submitted to the front desk of the House of origin or
the statement required by subsection 4.
3. Upon introduction, any bill or resolution
that sets forth the names of primary joint sponsors must be numbered in the
same numerical sequence as other bills and resolutions of the same House of
origin are numbered.
4. Once a bill or resolution has been
introduced, a primary joint sponsor or nonprimary joint sponsor may only be
added or removed by amendment of the bill or resolution. An amendment which
proposes to add or remove a primary joint sponsor must not be considered by the House of origin
of the amendment unless a statement requesting the addition or removal is
attached to the copy of the amendment submitted to the front desk of the House
of origin of the amendment. If the amendment proposes to add or remove a
committee as a primary joint sponsor, the statement must be signed by the chairman of the committee. A copy of
the statement must be transmitted to the Legislative Counsel if the amendment
is adopted.
5. An amendment that proposes to add or remove a
primary joint sponsor may include additional proposals to change the
substantive provisions of the bill or resolution or may be limited only to the
proposal to add or remove a primary joint sponsor.
PRINTING
Rule No. 7. Ordering
and Distribution.
Each House
may order the printing of bills introduced, reports of its own committees, and
other matter pertaining to that House only; but no other printing may be
ordered except by a concurrent resolution passed by both Houses. Each Senator
is entitled to the free distribution of four copies of each bill introduced in
each House, and each Assemblyman to such a distribution of two copies.
Additional copies of such bills may be distributed at a charge to the person to
whom they are addressed. The amount charged for distribution of the additional
copies must be determined by the Director of the Legislative Counsel Bureau to
approximate the cost of handling and postage for the entire session.
RESOLUTIONS
Rule No. 8. Types,
Usage and Approval.
1. A joint resolution must be used to:
(a) Propose
an amendment to the Nevada Constitution.
(b) Ratify
a proposed amendment to the United States Constitution.
(c) Address
the President of the United States, Congress, either House or any committee or
member of Congress, any department or agency of the Federal Government, or any
other state of the Union.
2. A concurrent resolution must be used to:
(a) Amend
these joint rules.
(b) Request
the return from the Governor of an enrolled bill for further consideration.
(c) Resolve
that the return of a bill from one House to the other House is necessary and
appropriate.
(d) Express
facts, principles, opinion and purposes of the Senate and Assembly.
(e) Establish
a joint committee of the two Houses.
(f) Direct
the Legislative Commission to conduct an interim study.
3. A concurrent resolution or a resolution of
one House may be used to:
(a) Memorialize
a former member of the Legislature or other notable or distinguished person
upon his death.
(b) Congratulate
or commend any person or organization for a significant and meritorious
accomplishment.
VETOES
Rule No. 9. Special
Order.
Bills which
have passed a previous Legislature, and which are transmitted to the
Legislature next sitting, accompanied by a message or statement of the
Governor’s disapproval, or veto of the same, shall become the subject of a
special order; and when the special order for their consideration is reached
and called, the said message or statement shall be read, together with the bill
or bills so disposed or vetoed; and the message and bill shall be read in the
Senate by the Secretary of the Senate and in the Assembly by the Chief Clerk of
the Assembly, without interruption, consecutively, one following the other, and
not upon separate occasions; and no such bill or message shall be referred to
any committee, or otherwise acted upon, save as provided by law and custom;
that is to say, that immediately following such reading the only question
(except as hereinafter stated) which shall be put by the Chair is, “Shall the
bill pass, notwithstanding the objections of the Governor?” It shall not be in
order, at any time, to vote upon such vetoed bill without the same shall have
first been read, from the first word of its title to and including the last
word of its final section; and no motion shall be entertained after the Chair
has stated the question save a motion for “The previous question,” but the
merits of the bill itself may be debated.
ADJOURNMENT
Rule No. 10. Limitations and Calculation of Duration.
1. In calculating the permissible duration of an
adjournment for 3 days or less, the day of adjournment must not be counted but
the day of the next meeting must be counted, and Sunday must not be counted.
2. The Legislature may adjourn for more than 3
days by motion based on mutual consent of the houses or by concurrent
resolution. One or more such adjournments may be taken to permit a committee or
the Legislative Counsel Bureau to prepare the matters respectively entrusted to
them for the consideration of the Legislature as a whole.
EXPENDITURES FROM THE LEGISLATIVE FUND
Rule No. 11. Manner of authorization.
Except for
routine salary, travel, equipment and operating expenses, no expenditures shall
be made from the Legislative Fund without the authority of a concurrent
resolution regularly adopted by the Senate and Assembly.
RECORDS OF COMMITTEE PROCEEDINGS
Rule No. 12. Duties of Secretary of Committees and Director.
1. Each committee shall cause a record to be
made of the proceedings of its meetings.
2. The secretary of a committee shall:
(a) Label
each record with the date, time and place of the meeting and also indicate on
the label the numerical sequence in which the record was made;
(b) Keep the
records in chronological order; and
(c) Deposit
the records immediately following the final adjournment of the special session
of the Legislature with the Director of the Legislative Counsel Bureau.
3. The Director of the Legislative Counsel
Bureau shall:
(a) Index
the records;
(b) Make
the records available for accessing by any person during office hours under
such reasonable conditions as he may deem necessary;
(c) Maintain
a log as a public record containing the date, time, name and address of any
person accessing any of the records and identifying the records accessed; and
(d) Retain
the records for two bienniums and at the end of that period keep some form or
copy of the record in any manner he deems reasonable to ensure access to the
record in the foreseeable future.
LIMITATIONS ON REQUESTS FOR
DRAFTING OF LEGISLATIVE MEASURES
Rule No. 13. Germaneness Required for Amendments.
1. The Legislative Counsel shall not honor a
request for the drafting of an amendment to a bill or resolution if the subject
matter of the amendment is independent of, and not specifically related and
properly connected to, the subject that is expressed in the title of the bill
or resolution.
2. For the purposes of this Rule, an amendment
is independent of, and not specifically related and properly connected to, the
subject that is expressed in the title of a bill or resolution if the amendment
relates only to the general, single subject that is expressed in that title and
not to the specific whole subject matter embraced in the bill or resolution.
CONTINUATION OF LEADERSHIP OF THE SENATE AND
ASSEMBLY DURING THE INTERIM BETWEEN SESSIONS
Rule No. 14. Tenure and Performance of Statutory Duties.
1. Except as otherwise
provided in subsections 2 and 3, the tenure of the President Pro Tem, Majority
Leader and Minority Leader of the Senate and the Speaker, Speaker Pro Tem,
Majority Floor Leader and Minority Floor Leader of the Assembly extends during
the interim between regular sessions of the Legislature.
2. The Senators
designated to be the President Pro Tem, Majority Leader and Minority Leader for
the next succeeding regular session shall perform any statutory duty required
in the period between the time of their designation after the general election
and the organization of the next succeeding regular session of the Legislature
if the Senator formerly holding the respective position is no longer a
Legislator.
3. The Assemblymen designated to be the Speaker,
Speaker Pro Tem, Majority Floor Leader and Minority Floor Leader for the next
succeeding regular session shall perform any statutory duty required in the
period between the time of their designation after the general election and the
organization of the next succeeding regular session.
POLICY AND PROCEDURES REGARDING SEXUAL HARASSMENT
Rule No. 15. Maintenance of Working Environment; Procedure for Filing,
Investigating and Taking Remedial Action on Complaints.
1. The Legislature hereby declares its intention
to maintain a working environment which is free from sexual harassment. This
policy applies to all Legislators and lobbyists. Each member and lobbyist is
responsible to conduct himself or herself in a manner which will ensure that
others are able to work in such an environment.
2. In accordance with Title VII of the Civil
Rights Act, for the purposes of this rule, “sexual harassment” means unwelcome
sexual advances, requests for sexual favors, and other verbal or physical
conduct of a sexual nature when:
(a) Submission
to such conduct is made either explicitly or implicitly a term or condition of
a person’s employment;
(b) Submission
to or rejection of such conduct by a person is used as the basis for employment
decisions affecting the person; or
(c) Such
conduct has the purpose or effect of unreasonably interfering with a person’s
work performance or creating an intimidating, hostile or offensive working
environment.
3. Each person subject to these rules must
exercise his own good judgment to avoid engaging in conduct that may be
perceived by others as sexual harassment. The following noninclusive list
provides illustrations of conduct that the Legislature deems to be
inappropriate:
(a) Verbal
conduct such as epithets, derogatory comments, slurs or unwanted sexual
advances, invitations or comments;
(b) Visual
conduct such as derogatory posters, photography, cartoons, drawings or
gestures;
(c) Physical
conduct such as unwanted touching, blocking normal movement or interfering with
the work directed at a person because of his sex;
(d) Threats
and demands to submit to sexual requests to keep a person’s job or avoid some
other loss, and offers of employment benefits in return for sexual favors; and
(e) Retaliation
for opposing, reporting or threatening to report sexual harassment, or for
participating in an investigation, proceeding or hearing conducted by the
Legislature or the Nevada Equal Rights Commission or the federal Equal
Employment Opportunity Commission,
when submission to such conduct is made either
explicitly or implicitly a term or condition of a person’s employment or
submission to or rejection of such conduct by a person is used as the basis for
employment decisions affecting the person or such conduct has the purpose or
effect of unreasonably interfering with a person’s work performance or creating
an intimidating, hostile or offensive working environment.
4. A person may have a claim of sexual
harassment even if he has not lost a job or some other economic benefit.
Conduct that impairs a person’s ability to work or his emotional well‑being
at work constitutes sexual harassment.
5. If a Legislator believes he is being sexually
harassed on the job, he may file a written complaint with:
(a) The
Speaker of the Assembly;
(b) The
Majority Leader of the Senate; or
(c) The
Director of the Legislative Counsel Bureau, if the complaint involves the
conduct of the Speaker of the Assembly or the Majority Leader of the Senate.
The complaint must include the details of the
incident or incidents, the names of the persons involved and the names of any
witnesses.
6. Except as otherwise provided in subsection 7,
the Speaker of the Assembly or the Majority Leader of the Senate, as
appropriate, shall refer a complaint received pursuant to subsection 5 to a
committee consisting of Legislators of the same House. A complaint against a
lobbyist may be referred to a committee in either House.
7. If the complaint involves the conduct of the
Speaker of the Assembly or the Majority Leader of the Senate, the Director of
the Legislative Counsel Bureau shall refer the complaint to the Committee on
Elections, Procedures and Ethics of the Assembly or the Committee of the Whole
of the Senate, as appropriate. If the Speaker of the Assembly or the Majority
Leader of the Senate is a member of one of these committees, the Speaker or the
Majority Leader, as the case may be, shall not participate in the investigation
and resolution of the complaint.
8. The committee to which the complaint is
referred shall immediately conduct a confidential and discreet investigation of
the complaint. As a part of the investigation, the committee shall notify the
accused of the allegations. The committee shall facilitate a meeting between
the complainant and the accused to allow a discussion of the matter, if both
agree. If the parties do not agree to such a meeting, the committee shall
request statements regarding the complaint from each of the parties. Either
party may request a hearing before the committee. The committee shall make its
determination and inform the complainant and the accused of its determination
as soon as practicable after it has completed its investigation.
9. If the investigation reveals that sexual
harassment has occurred, the Legislature will take appropriate disciplinary or
remedial action, or both. The committee shall inform the complainant of any
action taken. The Legislature will also take any action necessary to deter any
future harassment.
10. The Legislature will not retaliate against a
person who files a complaint and will not knowingly permit any retaliation by
the person’s supervisors or coworkers.
11. The Legislature encourages a person to report
any incident of sexual harassment immediately so that the complaint can be
quickly and fairly resolved.
12. Action taken by a complainant pursuant to
this rule does not prohibit the complainant from also filing a complaint of
sexual harassment with the Nevada Equal Rights Commission or the federal Equal
Employment Opportunity Commission.
13. All Legislators and lobbyists are responsible
for adhering to the provisions of this policy. The prohibitions against
engaging in sexual harassment and the protections against becoming a victim of
sexual harassment set forth in this policy apply to employees, Legislators,
lobbyists, vendors, contractors, customers and visitors to the Legislature.
14. This policy does not create any enforceable
legal rights in any person.
Senator Raggio moved the adoption of the resolution.
Remarks by Senator Raggio.
Resolution adopted unanimously.
Resolution ordered transmitted to the Assembly.
Senator Raggio moved that the Senate adjourn until Wednesday, June 4, 2003, at 9 a.m.
Motion carried.
Senate adjourned at 6:19 p.m.
Approved: Lorraine
T. Hunt
President of the Senate
Attest: Claire J. Clift
Secretary of the Senate