Assembly Concurrent Resolution No. 1–Committee on
Elections, Procedures, and Ethics

 

February 5, 2001

____________

 

SUMMARY—Adopts Joint Standing Rules of Senate and Assembly for 71st legislative session. (BDR R‑669)

 

~

 

EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted.

Green numbers along left margin indicate location on the printed bill (e.g., 5-15 indicates page 5, line 15).

 

ASSEMBLY Concurrent RESOLUTION—Adopting the Joint Rules of the Senate and Assembly for the 71st session of the Legislature.

 

1-1    Resolved by the Assembly of the State of Nevada, The Senate

1-2  Concurring, That the Joint Rules of the Senate and Assembly as

1-3  amended by the 70th session are adopted, with the following changes, as

1-4  the Joint Rules of the Senate and Assembly for the 71st session of the

1-5  Legislature:

 

1-6  CONFERENCE COMMITTEES

 

1-7  Rule No. 1.  Procedure Concerning.

1-8    In every case of an amendment of a bill, or joint or concurrent

1-9  resolution, agreed to in one House, dissented from in the other, and not

1-10  receded from by the one making the amendment, each House shall appoint

1-11  a committee to confer with a like committee to be appointed by the other;

1-12  and the committee so appointed shall meet publicly at a convenient hour to

1-13  be agreed upon by their respective chairmen and announced publicly, and

1-14  shall confer upon the differences between the two Houses as indicated by

1-15  the amendments made in one and rejected in the other and report as early

1-16  as convenient the result of their conference to their respective Houses. The

1-17  report shall be made available to all members of both Houses. The whole

1-18  subject matter embraced in the bill or resolution shall be considered by the

1-19  committee, and it may recommend recession by either House, new

1-20  amendments, new bills or resolutions, or other changes as it sees fit. New

1-21  bills or resolutions so reported shall be treated as amendments unless the

1-22  bills or resolutions are composed entirely of original matter, in which case

1-23  they shall receive the treatment required in the respective Houses for

1-24  original bills, or resolutions, as the case may be.

1-25    The report of a conference committee may be adopted by acclamation,

1-26  and such action may be considered equivalent to the adoption of

1-27  amendments embodied therein. The report is not subject to amendment. If

1-28  either House refuses to adopt the report, or if the first conference


2-1  committee has so recommended, a second conference committee may be

2-2  appointed. No member who served on the first committee may be

2-3  appointed to the second.

2-4    There shall be but two conference committees on any bill or resolution.

2-5  A majority of the members of a conference committee from each House

2-6  must be members who voted for the passage of the bill or resolution.

 

2-7  MESSAGES

 

2-8  Rule No. 2.  Procedure Concerning.

2-9    Proclamations by the Governor convening the Legislature in extra

2-10  session shall, by direction of the presiding officer of each House, be read

2-11  immediately after the convening thereof, filed and entered in full [upon] in

2-12  the Journal of proceedings.

2-13    Whenever a message from the Governor is received, the Sergeant at

2-14  Arms will announce: “Mr. President, or Mr. Speaker, the Secretary of the

2-15  Governor is at the bar.” The secretary will, upon being recognized by the

2-16  presiding officer, announce: “Mr. President, or Mr. Speaker, a message

2-17  from His Excellency, the Governor of Nevada, to the Honorable, the

2-18  Senate or Assembly,” and hand same to the Sergeant at Arms for delivery

2-19  to the Secretary of the Senate or Chief Clerk of the Assembly. The

2-20  presiding officer will direct the biennial message of the Governor to be

2-21  received and read, and all special messages to be received, read and entered

2-22  in full [upon] in the Journal of proceedings.

2-23    Messages from the Senate to the Assembly shall be delivered by the

2-24  Secretary or Assistant Secretary, and messages from the Assembly to the

2-25  Senate shall be delivered by the Chief Clerk or Assistant Chief Clerk.

 

2-26  NOTICE OF FINAL ACTION

 

2-27  Rule No. 3.  Communications.

2-28    Each House shall communicate its final action on any bill or resolution,

2-29  or matter in which the other may be interested, by written notice. Each

2-30  such notice sent by the Senate must be signed by the Secretary of the

2-31  Senate, or a person designated by the Secretary. Each such notice sent by

2-32  the Assembly must be signed by the Chief Clerk of the Assembly, or a

2-33  person designated by the Chief Clerk.

 

2-34  BILLS AND JOINT RESOLUTIONS

 

2-35  Rule No. 4.  Signature.

2-36    Each enrolled bill or joint resolution shall be presented to the presiding

2-37  officers of both Houses for signature. They shall, after an announcement of

2-38  their intention to do so is made in open session, sign the bill or joint

2-39  resolution and their signatures shall be followed by those of the Secretary

2-40  of the Senate and Chief Clerk of the Assembly.

 

 

 


3-1  Rule No. 5.  Joint Sponsorship.

3-2    1.  A bill or resolution introduced by a standing committee of the

3-3  Senate or Assembly may, at the direction of the chairman of the committee,

3-4  set forth the name of a standing committee of the other House as a joint

3-5  sponsor, if a majority of all members appointed to the committee of the

3-6  other House votes in favor of becoming a joint sponsor of the bill or

3-7  resolution. The name of the committee joint sponsor must be set forth on

3-8  the face of the bill or resolution immediately below the date on which the

3-9  bill or resolution is introduced.

3-10    2.  A bill or resolution introduced by one or more legislators elected to

3-11  one House may, at the direction of the legislator who brings the bill or

3-12  resolution forward for introduction, set forth the names of one or more

3-13  legislators who are members elected to the other House and who wish to be

3-14  primary joint sponsors or non-primary joint sponsors of the bill or

3-15  resolution. The number of primary joint sponsors must not exceed five per

3-16  bill or resolution. The names of each primary joint sponsor and non-

3-17  primary joint sponsor must be set forth on the face of the bill or resolution

3-18  in the following order immediately below the date on which the bill or

3-19  resolution is introduced:

3-20    (a) The name of each primary joint sponsor, in the order indicated on

3-21  the colored back of the introductory copy of the bill or resolution; and

3-22    (b) The name of each non-primary joint sponsor, in alphabetical order.

3-23    3.  The Legislative Counsel shall not cause to be printed the name of a

3-24  standing committee as a joint sponsor on the face of a bill or resolution

3-25  unless the chairman of the committee has signed his name next to the name

3-26  of the committee on the colored back of the introductory copy of the bill or

3-27  resolution that was submitted to the front desk of the House of origin or the

3-28  statement required by subsection 5. The Legislative Counsel shall not

3-29  cause to be printed the name of a legislator as a primary joint sponsor or

3-30  non-primary joint sponsor on the face of a bill or resolution unless the

3-31  legislator has signed the colored back of the introductory copy of the bill or

3-32  resolution that was submitted to the front desk of the House of origin or the

3-33  statement required by subsection 5.

3-34    4.  Upon introduction, any bill or resolution that sets forth the names of

3-35  primary joint sponsors or non-primary joint sponsors, or both, must be

3-36  numbered in the same numerical sequence as other bills and resolutions of

3-37  the same House of origin are numbered.

3-38    5.  Once a bill or resolution has been introduced, a primary joint

3-39  sponsor or non-primary joint sponsor may only be added or removed by

3-40  amendment of the bill or resolution. An amendment which proposes to add

3-41  or remove a primary joint sponsor or non-primary joint sponsor must not

3-42  be considered by the House of origin of the amendment unless a statement

3-43  requesting the addition or removal is attached to the copy of the

3-44  amendment submitted to the front desk of the House of origin of the

3-45  amendment. If the amendment proposes to add or remove a legislator as a

3-46  primary joint sponsor or non-primary joint sponsor, the statement must be

3-47  signed by that legislator. If the amendment proposes to add or remove a

3-48  standing committee as a joint sponsor, the statement must be signed by the


4-1  chairman of the committee. A copy of the statement must be transmitted to

4-2  the Legislative Counsel if the amendment is adopted.

4-3    6.  An amendment that proposes to add or remove a primary joint

4-4  sponsor or non-primary joint sponsor may include additional proposals to

4-5  change the substantive provisions of the bill or resolution or may be limited

4-6  only to the proposal to add or remove a primary joint sponsor or non-

4-7  primary joint sponsor.

 

4-8  PRINTING

 

4-9  Rule No. 6.  Ordering and Distribution.

4-10    Each House may order the printing of bills introduced, reports of its own

4-11  committees, and other matter pertaining to that House only; but no other

4-12  printing may be ordered except by a concurrent resolution passed by both

4-13  Houses. Each Senator is entitled to the free distribution of four copies of

4-14  each bill introduced in each House, and each Assemblyman to such a

4-15  distribution of two copies. Additional copies of such bills may be

4-16  distributed at a charge to the person to whom they are addressed. The

4-17  amount charged for distribution of the additional copies must be

4-18  determined by the Director of the Legislative Counsel Bureau to

4-19  approximate the cost of handling and postage for the entire session.

 

4-20  RESOLUTIONS

 

4-21  Rule No. 7.  Types, Usage and Approval.

4-22    1.  A joint resolution must be used to:

4-23    (a) Propose an amendment to the Nevada constitution.

4-24    (b) Ratify a proposed amendment to the United States Constitution.

4-25    (c) Address the President of the United States, Congress, either House

4-26  or any committee or member of Congress, any department or agency of the

4-27  Federal Government, or any other state of the Union.

4-28    2.  A concurrent resolution must be used to:

4-29    (a) Amend these joint rules.

4-30    (b) Request the return from the Governor of an enrolled bill for further

4-31  consideration.

4-32    (c) Resolve that the return of a bill from one House to the other House

4-33  is necessary and appropriate.

4-34    (d) Express facts, principles, opinion and purposes of the Senate and

4-35  Assembly.

4-36    (e) Establish a joint committee of the two Houses.

4-37    (f) Direct the Legislative Commission to conduct an interim study.

4-38    3.  A concurrent resolution or a resolution of one House may be used

4-39  to:

4-40    (a) Memorialize a former member of the Legislature or other notable or

4-41  distinguished person upon his death.

 

 

 


5-1    (b) Congratulate or commend any person or organization for a

5-2  significant and meritorious accomplishment, but any request for drafting

5-3  the resolution must be approved by the Senate Committee on Legislative

5-4  Affairs and Operations or the Assembly Committee on Elections,

5-5  Procedures, and Ethics before submission to the Legislative Counsel.

 

5-6  VETOES

 

5-7  Rule No. 8.  Special Order.

5-8    Bills which have passed a previous Legislature, and which are

5-9  transmitted to the Legislature next sitting, accompanied by a message or

5-10  statement of the Governor’s disapproval, or veto of the same, shall become

5-11  the subject of a special order; and when the special order for their

5-12  consideration is reached and called, the said message or statement shall be

5-13  read, together with the bill or bills so disposed or vetoed; and the message

5-14  and bill shall be read in the Senate by the Secretary of the Senate and in the

5-15  Assembly by the Chief Clerk of the Assembly, without interruption,

5-16  consecutively, one following the other, and not upon separate occasions;

5-17  and no such bill or message shall be referred to any committee, or

5-18  otherwise acted upon, save as provided by law and custom; that is to say,

5-19  that immediately following such reading the only question (except as

5-20  hereinafter stated) which shall be put by the Chair is, “Shall the bill pass,

5-21  notwithstanding the objections of the Governor?” It shall not be in order, at

5-22  any time, to vote upon such vetoed bill without the same shall have first

5-23  been read, from the first word of its title to and including the last word of

5-24  its final section; and no motion shall be entertained after the Chair has

5-25  stated the question save a motion for “The previous question,” but the

5-26  merits of the bill itself may be debated.

 

5-27  ADJOURNMENT

 

5-28  Rule No. 9.  Limitations and Calculation of Duration.

5-29    1.  In calculating the permissible duration of an adjournment for 3 days

5-30  or less, the day of adjournment must not be counted but the day of the next

5-31  meeting must be counted, and Sunday must not be counted.

5-32    2.  The Legislature may adjourn for more than 3 days by motion based

5-33  on mutual consent of the houses or by concurrent resolution. One or more

5-34  such adjournments, for a total of not more than 20 days during any regular

5-35  session, may be taken to permit standing committees, select committees or

5-36  the Legislative Counsel Bureau to prepare the matters respectively

5-37  entrusted to them for the consideration of the Legislature as a whole.

 

5-38  EXPENDITURES FROM THE LEGISLATIVE FUND

 

5-39  Rule No. 10.  [Routine Expenses or Concurrent Resolution.] Manner of

5-40  authorization.

5-41   Except for routine salary, travel, equipment and operating expenses, no

5-42  expenditures shall be made from the Legislative Fund without the authority

5-43  of a Concurrent Resolution regularly adopted by the Senate and Assembly.


6-1  LEGISLATIVE COMMISSION

 

6-2  Rule No. 11.  Membership and Organization.

6-3    1.  When members of the minority party in the Senate or in the

6-4  Assembly comprise less than 34 percent of the total number elected to that

6-5  House, minority party membership for that House on the Legislative

6-6  Commission must be:

6-7    (a) One, if such membership is less than 21 percent.

6-8    (b) Two, if such membership is between 21 percent and 33 percent. If

6-9  the members of the minority party in the Senate or in the Assembly

6-10  comprise more than 33 percent of the total number elected to that House,

6-11  minority party membership for that House on the Commission must be

6-12  three, being equal to the membership of the majority party.

6-13    2.  Each House shall select one or more alternate members for each

6-14  member from that House, designating them according to party or according

6-15  to the individual member whom the alternate would replace.

6-16    3.  A vacancy in the regular Senate or Assembly membership created

6-17  by death or by resignation or by the Legislator’s ceasing to be a member of

6-18  the Legislature shall be filled by the proper alternate member as designated

6-19  by that House. If there is no proper alternate member, the Legislative

6-20  Commission shall fill the vacancy by appointing a Senator or

6-21  Assemblyman of the same party.

6-22    4.  If for any reason a member is or will be absent from a meeting and

6-23  there are no alternates available, the chairman of the commission may

6-24  appoint a member of the same House and political party to attend the

6-25  meeting as an alternate.

6-26    5.  The members shall serve until their successors are appointed by

6-27  resolution as provided in NRS 218.660, notwithstanding that their terms of

6-28  office may have expired, except that the membership of any member who

6-29  does not become a candidate for reelection or who is defeated for

6-30  reelection shall terminate on the day next after the election and the vacancy

6-31  shall be filled as provided in this rule.

6-32    6.  The chairman shall be selected at the first meeting of the newly

6-33  formed Legislative Commission and shall serve until his successor is

6-34  appointed following the formation of the next Legislative Commission.

 

6-35  RECORDS OF COMMITTEE PROCEEDINGS

 

6-36  Rule No. 12.  Duties of Secretary of Committee and Director.

6-37    1.  Each standing committee of the Legislature shall cause a record to

6-38  be made of the proceedings of its meetings.

6-39    2.  The secretary of a standing committee shall:

6-40    (a) Label each record with the date, time and place of the meeting and

6-41  also indicate on the label the numerical sequence in which the record was

6-42  made;

6-43    (b) Keep the records in chronological order; and

6-44    (c) Deposit the records immediately following the final adjournment of

6-45  any regular or special session of the Legislature with the Director of the

6-46  Legislative Counsel Bureau.


7-1    3.  The Director of the Legislative Counsel Bureau shall:

7-2    (a) Index the records;

7-3    (b) Make the records available for accessing by any person during

7-4  office hours under such reasonable conditions as he may deem necessary;

7-5    (c) Maintain a log as a public record containing the date, time, name

7-6  and address of any person accessing any of the records and identifying the

7-7  records accessed; and

7-8    (d) Retain the records for two bienniums and at the end of that period

7-9  keep some form or copy of the record in any manner he deems reasonable

7-10  to ensure access to the record in the foreseeable future.

 

7-11  REAPPORTIONMENT AND REDISTRICTING

 

7-12  Rule No. 13.  Responsibility for Measures and Approval of Research

7-13  Requests.

7-14    1.  The Committee on Government Affairs of the Senate and the

7-15  Committee on Elections, Procedures, and Ethics of the Assembly are

7-16  respectively responsible for measures which primarily affect the

7-17  designation of the districts from which members are elected to the

7-18  Legislature. These committees are hereby designated as the “redistricting

7-19  committees” for the purposes of this rule and Joint Standing Rules Nos.

7-20  13.1, 13.2, 13.3, 13.4, 13.5 and 13.6.

7-21    2.  Any request for research concerning the population of proposed

7-22  districts must be submitted to the Research Division of the Legislative

7-23  Counsel Bureau through one of these redistricting committees.

7-24  Rule No. 13.1.  Equality of Representation.

7-25    1.  In order to meet constitutional guidelines for deviations in

7-26  population among state legislative districts, no plan, or proposed

7-27  amendment thereto, will be considered that results in an overall range of

7-28  deviation in excess of 10 percent, or a relative deviation in excess of plus

7-29  or minus 5 percent from the ideal district population.

7-30    2.  The population of each of the Nevada congressional districts must

7-31  be as nearly equal as is practicable. Any population deviation among the

7-32  congressional districts from the ideal district population must be

7-33  necessary to achieve some legitimate state objective. Legitimate state

7-34  objectives, as judicially determined, include making districts compact,

7-35  respecting municipal boundaries, preserving the cores of prior districts

7-36  and avoiding contests between incumbent representatives. In order to

7-37  meet constitutional guidelines for congressional districts, no plan, or

7-38  proposed amendment thereto, will be considered that results in an overall

7-39  range of deviation in excess of 1 percent, or a relative deviation in excess

7-40  of plus or minus one-half percent from the ideal district population.

7-41    3.  Equality of population in accordance with the standard for state

7-42  legislative districts is the goal of redistricting for the State Board of

7-43  Education and the Board of Regents.

 

 


8-1  Rule No. 13.2.  Population Database.

8-2    1.  The total state population, and the population of defined subunits

8-3  thereof, as determined by the 2000 federal decennial census must be the

8-4  exclusive database for redistricting by the Nevada Legislature.

8-5    2.  Such 2000 census data as validated by the staff of the Legislative

8-6  Counsel Bureau must be the exclusive database used for the evaluation

8-7  of proposed redistricting plans for population equality.

8-8  Rule No. 13.3.  Districts.

8-9    All district boundaries created by a redistricting plan must follow the

8-10  census geography.

8-11  Rule No. 13.4.  Procedures of the Redistricting Committees.

8-12    1.  A legislator or member of the public may present to the

8-13  redistricting committees any plans or proposals relating to redistricting,

8-14  including proposals for redistricting specific districts or all the state

8-15  legislative districts, congressional districts, districts for the Board of

8-16  Regents or districts for the State Board of Education for consideration by

8-17  the redistricting committees.

8-18    2.  Bill draft requests, including bills in skeletal form, setting forth

8-19  specific boundaries of the state legislative districts, congressional

8-20  districts, districts for the Board of Regents or districts for the State Board

8-21  of Education, and amendments affecting a majority of the state

8-22  legislative districts, may only be requested by the chairmen of the

8-23  redistricting committees.

8-24    3.  The chairmen of the redistricting committees are limited to one

8-25  request each for a bill draft setting forth the specific boundaries of the

8-26  state legislative districts, one request each for a bill draft setting forth the

8-27  specific boundaries of the congressional districts, one request each for a

8-28  bill draft setting forth the specific boundaries of the districts for the

8-29  Board of Regents and one request each for a bill draft setting forth the

8-30  specific boundaries of the districts of the State Board of Education. At

8-31  the direction of the chairman of the redistricting committee, the bill draft

8-32  requests setting forth the specific boundaries of the state legislative

8-33  districts, the congressional districts, districts for the Board of Regents

8-34  and districts for the State Board of Education may be combined in any

8-35  manner.

8-36  Rule No. 13.5.  Compliance with the Voting Rights Act.

8-37    1.  The redistricting committees will not consider a plan that

8-38  discernibly violates section 2 of the Voting Rights Act, codified as 42

8-39  U.S.C. § 1973(a), which prohibits any state from imposing any voting

8-40  qualification, standard, practice or procedure that results in the denial or

8-41  abridgment of any United States citizen’s right to vote on account of

8-42  race, color or status as a member of a language minority group.

8-43    2.  The redistricting committees will not consider a plan that is

8-44  discernibly racially gerrymandered. Racial gerrymandering exists when:

8-45    (a) Race is the dominant and controlling rationale in drawing district

8-46  lines; and

8-47    (b) The Legislature subordinates traditional districting principles to

8-48  racial considerations.


9-1  For the purposes of this subsection, “traditional districting principles”

9-2  are those traditional redistricting principles that have been judicially

9-3  recognized and include compactness of districts, contiguity of districts,

9-4  preservation of political subdivisions, preservation of communities of

9-5  interest, preservation of cores of prior districts, protection of incumbents

9-6  and compliance with section 2 of the Voting Rights Act, 42 U.S.C. § 1973

9-7  (2).

9-8    3.  For the purpose of analyzing the 2000 census data, the

9-9  redistricting committees shall adopt the method set forth in the Office of

9-10  Management and Budget (OMB) Bulletin No. 00-02 for aggregating and

9-11  allocating the 63 categories of race data that will be reported to Nevada

9-12  by the United States Census Bureau as part of the federal decennial

9-13  census.

9-14  Rule No. 13.6.  Public Participation.

9-15    1.  The redistricting committees shall seek and encourage:

9-16    (a) Public participation in all aspects of the reapportionment and

9-17  redistricting activities; and

9-18    (b) The widest range of public input into the deliberations relating to

9-19  those activities.

9-20    2.  Notices of all meetings of the redistricting committees must be

9-21  transmitted to any member of the public who so requests, without charge.

9-22    3.  All interested persons are encouraged to appear before the

9-23  redistricting committees and to provide their input regarding the

9-24  reapportionment and redistricting activities. The redistricting committees

9-25  shall afford a reasonable opportunity to any interested persons to present

9-26  plans, or amendments to plans for redistricting, unless such plans

9-27  demonstrably fail to meet the minimally acceptable criteria set forth in

9-28  this rule and Joint Standing Rules Nos. 13, 13.1, 13.2, 13.3, 13.4 and

9-29  13.5.

9-30    4.  Each of the redistricting committees, either jointly or separately,

9-31  shall hold at least one hearing in the southern portion of this state and at

9-32  least one hearing in a rural portion of this state to allow residents

9-33  throughout the state an opportunity to participate in the deliberations

9-34  relating to the reapportionment and redistricting activities.

9-35    5.  The Legislative Counsel Bureau shall make available to the public

9-36  copies of the validated 2000 census database for the cost of reproducing

9-37  the database.

9-38    6.  The redistricting committees shall make available for review by

9-39  the public, copies of all maps prepared at the direction of the committees.

 

9-40  LIMITATIONS ON INTRODUCTION AND REQUESTS FOR

9-41  DRAFTING OF LEGISLATIVE MEASURES

 

9-42  Rule No. 14.  Limitations on Drafting and Requirements for

9-43  Introduction; Duplicative Measures; Indication of Requester on

9-44  Committee Introductions.

9-45    1.  Except as otherwise provided in subsection 5 and Joint Standing

9-46  Rules Nos. 14.4, 14.5 and 14.6, after a regular legislative session has


10-1  convened, the Legislative Counsel shall honor, if submitted before 5 p.m.

10-2  on the 8th calendar day of the legislative session, not more than:

10-3    (a) Two requests from each Assemblyman; and

10-4    (b) Four requests from each Senator,

10-5  for the drafting of a bill [.] or resolution.

10-6    2.  Except as otherwise provided in subsections 4 and 5 and Joint

10-7  Standing Rules Nos. 14.4, 14.5 and 14.6, after a regular legislative session

10-8  has convened, the Legislative Counsel shall honor, if submitted before 5

10-9  p.m. on the 22nd calendar day of the legislative session, not more than 50

10-10  requests, in total, from the standing committees of each house [.] for the

10-11  drafting of a bill. The Majority Leader of the Senate and the Speaker of the

10-12  Assembly shall, not later than the 1st calendar day of the legislative

10-13  session, determine and provide the Legislative Counsel with a written list

10-14  of the number of requests for the drafting of a bill that may be submitted by

10-15  each standing committee of their respective houses, within the limit

10-16  provided by this subsection. The lists may be revised any time before the

10-17  22nd day of the legislative session to reallocate any unused requests or

10-18  requests which were withdrawn before drafting began on the request.

10-19  3.  A request for the drafting of a bill or resolution that is submitted by

10-20  a standing committee pursuant to this section must be approved by a

10-21  majority of all of the members appointed to the committee before the

10-22  request is submitted to the Legislative Counsel.

10-23  4.  A standing committee may only request the drafting of a bill or

10-24  resolution or introduce a bill or resolution that is within the jurisdiction of

10-25  the standing committee.

10-26  5.  The Legislative Counsel shall not honor a request for the drafting of

10-27  a bill or resolution submitted by a member or standing committee of the

10-28  Senate or Assembly unless such information as is required to draft the

10-29  measure is submitted to the Legislative Counsel with the request.

10-30  6.  A measure introduced by a standing committee at the request of a

10-31  legislator or organization must indicate the legislator or organization at

10-32  whose request the measure was drafted.

10-33  7.  The following measures must be introduced by a standing

10-34  committee:

10-35  (a) Measures drafted at the request of agencies and officers of the

10-36  executive branch of state government, local governments, the courts and

10-37  other authorized nonlegislative requesters.

10-38  (b) Measures requested by interim legislative studies.

10-39  (c) Bills [and joint resolutions] requested by a standing committee, or

10-40  by persons designated to request measures on behalf of a standing

10-41  committee during the interim. Bills [and joint resolutions] requested by or

10-42  on behalf of a standing committee must be introduced by that committee.

10-43  8.  [Simple and concurrent resolutions] Resolutions requested by or on

10-44  behalf of a standing committee may be introduced by an individual

10-45  member.

10-46  9.  If two or more measures are being considered in the same house

10-47  which are substantively duplicative, only the measure which has been

10-48  assigned the lowest number for the purpose of establishing its priority in

10-49  drafting may be considered, unless the measure with the lowest number is


11-1  not introduced within 5 days after introduction of a measure with a higher

11-2  number.

11-3    10.  A legislator may not change the subject matter of a request for a

11-4  legislative measure after it has been submitted for drafting.

11-5  Rule No. 14.2.  Limitations on Time for Introduction of Legislation.

11-6    1.  Except as otherwise provided in Joint Standing Rules Nos. 14.4,

11-7  14.5 and 14.6:

11-8    (a) Unless the provisions of paragraph (b) or (c) are applicable, a bill

11-9  may only be introduced on or before:

11-10     (1) The 10th calendar day following delivery of the introductory copy

11-11  of the bill; or

11-12     (2) The last day for introduction of the bill as required by paragraph

11-13  (d),

11-14  whichever is earlier.

11-15  (b) If a bill requires revision after the introductory copy has been

11-16  delivered, such information as is required to draft the revision must be

11-17  submitted to the Legislative Counsel before the 10th calendar day

11-18  following delivery of the introductory copy of the bill. The revised bill may

11-19  only be introduced on or before:

11-20     (1) The 15th calendar day following delivery of the original

11-21  introductory copy of the bill; or

11-22     (2) The last day for introduction of the bill as required by paragraph

11-23  (d),

11-24  whichever is earlier.

11-25  (c) If the bill requires a second or subsequent revision, such information

11-26  as is required to draft the revision must be submitted to the Legislative

11-27  Counsel before the 15th calendar day following delivery of the original

11-28  introductory copy of the bill. A bill revised pursuant to this subsection may

11-29  only be introduced on or before:

11-30     (1) The 20th calendar day following delivery of the original

11-31  introductory copy of the bill; or

11-32     (2) The last day for introduction of the bill as required by paragraph

11-33  (d),

11-34  whichever is earlier.

11-35  (d) Except as otherwise provided in subsection 3, the last day for

11-36  introduction of a bill that was requested by:

11-37     (1) A legislator is the 43rd calendar day of the legislative session.

11-38     (2) A standing or interim committee or other requester is the 50th

11-39  calendar day of the legislative session.

11-40  2.  The Legislative Counsel shall indicate on the face of the

11-41  introductory copy of each bill the final date on which the bill may be

11-42  introduced.

11-43  3.  If the final date on which the bill may be introduced falls upon a day

11-44  on which the House in which the bill is to be introduced is not in session,

11-45  the bill may be introduced on the next day that the House is in session.

 

 

 

 


12-1  SCHEDULE FOR ENACTMENT OF BILLS

 

12-2  Rule No. 14.3.  Final Dates for Action by Standing Committees and

12-3  Houses; Final Date for Requesting Drafting of Reports for Conference

12-4  Committees.

12-5    Except as otherwise provided in Joint Standing Rules Nos. 14.4, 14.5

12-6  and 14.6:

12-7    1.  The final standing committee to which a bill is referred in its House

12-8  of origin may only take action on the bill on or before the [68th] 71st

12-9  calendar day of the legislative session. A bill may be re-referred after that

12-10  date only to the Committee on Finance or the Committee on Ways and

12-11  Means and only if the [Fiscal Analysis Division has determined] bill is

12-12  exempt pursuant to subsection 1 of Joint Standing Rule No. 14.6 . [that the

12-13  bill is exempt.]

12-14  2.  Final action on a bill may only be taken by the House of origin on or

12-15  before the [78th] 82nd calendar day of the legislative session.

12-16  3.  The final standing committee to which a bill is referred in the

12-17  second House may only take action on the bill on or before the [103rd]

12-18  106th calendar day of the legislative session. A bill may be re-referred

12-19  after that date only to the Committee on Finance or the Committee on

12-20  Ways and Means and only if the [Fiscal Analysis Division has determined]

12-21  bill is exempt pursuant to subsection 1 of Joint Standing Rule No. 14.6 .

12-22  [that the bill is exempt.]

12-23  4.  Final action on a bill may only be taken by the second House on or

12-24  before the [110th] 113th calendar day of the legislative session.

12-25  [5.  Requests for the drafting of reports for Conference Committees

12-26  must be submitted to the Legislative Counsel on or before the 118th

12-27  calendar day of the legislative session.]

12-28  No notice of reconsideration of any final vote on a bill is in order on the

12-29  last day on which final action is allowed.

12-30  Rule No. 14.4.  Emergency Requests.

12-31  1.  After a legislative session has convened:

12-32  (a) The Majority Leader of the Senate and the Speaker of the Assembly

12-33  may each submit to the Legislative Counsel, on his own behalf or on the

12-34  behalf of another legislator or a standing committee of the Senate or

12-35  Assembly, not more than five requests for the drafting of a bill [.] or

12-36  resolution.

12-37  (b) The Minority Leader of the Senate and the Minority Leader of the

12-38  Assembly may each submit to the Legislative Counsel, on his own behalf

12-39  or on the behalf of another legislator or a standing committee of the Senate

12-40  or Assembly, not more than two requests for the drafting of a bill [.] or

12-41  resolution.

12-42  2.  A request submitted pursuant to subsection 1:

12-43  (a) May be submitted at any time during the legislative session and is

12-44  not subject to any of the provisions of subsections 1 and 2 of Joint Standing

12-45  Rule No. 14, subsection 1 of Joint Standing Rule No. 14.2 and Joint

12-46  Standing Rule No. 14.3.

 

 


13-1    (b) Is in addition to, and not in lieu of, any other requests for the

13-2  drafting of a bill or resolution that are authorized to be submitted to the

13-3  Legislative Counsel by the Majority Leader of the Senate, Speaker of the

13-4  Assembly, Minority Leader of the Senate or Minority Leader of the

13-5  Assembly.

13-6    3.  The list of requests for the preparation of legislative measures

13-7  prepared pursuant to NRS 218.2475 must include the phrase

13-8  “EMERGENCY REQUEST OF” and state the title of the person who

13-9  requested each bill or resolution pursuant to this rule. If the request was

13-10  made on behalf of another legislator or a standing committee, the list must

13-11  also include the name of the legislator or standing committee on whose

13-12  behalf the bill or resolution was requested.

13-13  4.  The Legislative Counsel shall cause to be printed on the face of the

13-14  introductory copy of all reprints of each bill or resolution requested

13-15  pursuant to this rule the phrase “EMERGENCY REQUEST OF” and state

13-16  the title of the person who requested the bill [.] or resolution.

13-17  Rule No. 14.5.  Waivers.

13-18  1.  At the request of a legislator or a standing or select committee of the

13-19  Senate or Assembly, subsection 1 or 2 of Joint Standing Rule No. 14,

13-20  subsection 1 of Joint Standing Rule No. 14.2 or any of the provisions of

13-21  Joint Standing Rule No. 14.3, or any combination thereof, may be waived

13-22  by the Majority Leader of the Senate and the Speaker of the Assembly,

13-23  acting jointly, at any time during a legislative session. A request for a

13-24  waiver submitted by a [standing] committee must be approved by a

13-25  majority of all members appointed to the committee before the request is

13-26  submitted to the Majority Leader and the Speaker.

13-27  2.  A waiver granted pursuant to subsection 1:

13-28  (a) Must be in writing, executed on a form provided by the Legislative

13-29  Counsel, and signed by the Majority Leader and the Speaker.

13-30  (b) Must indicate the date on which the waiver is granted.

13-31  (c) Must indicate the legislator or [standing] committee on whose behalf

13-32  the waiver is being granted.

13-33  (d) Must include the bill number for which the waiver is granted or

13-34  indicate that the Legislative Counsel is authorized to accept and honor a

13-35  request for a new bill [.] or resolution.

13-36  (e) Must indicate the provisions to which the waiver applies.

13-37  (f) May include the conditions under which the bill for which the waiver

13-38  is being granted must be introduced and processed.

13-39  3.  The Legislative Counsel shall not honor a request for the drafting of

13-40  a new bill or resolution for which a waiver is granted pursuant to this rule

13-41  unless such information as is required to draft the bill or resolution is

13-42  submitted to the Legislative Counsel within 2 calendar days after the date

13-43  on which the waiver is granted.

13-44  4.  Upon the receipt of a written waiver granted pursuant to this rule,

13-45  the Legislative Counsel shall transmit a copy of the waiver to the Secretary

13-46  of the Senate and the Chief Clerk of the Assembly. The notice that a

13-47  waiver has been granted for an existing bill must be read on the floor and

13-48  entered in the journal, and a notation that the waiver was granted must be

13-49  included as a part of the history of the bill on the next practicable


14-1  legislative day. A notation that a waiver was granted authorizing a new bill

14-2  or resolution must be included as a part of the history of the bill or

14-3  resolution after introduction.

14-4    5.  The Legislative Counsel shall secure the original copy of the waiver

14-5  to the official cover of the bill [.] or resolution.

14-6    6.  No notice of reconsideration or any final vote on a bill is in order on

14-7  the last day on which final action is allowed by a waiver.

14-8  Rule No. 14.6.  Exemptions.

14-9    1.  Upon request of the draft by or referral to the Senate Finance

14-10  Committee or the Assembly Committee on Ways and Means, a bill which

14-11  [has] :

14-12  (a) Contains an appropriation; or

14-13  (b) Has been determined by the Fiscal Analysis Division to:

14-14  [(a) Contain an appropriation;

14-15  (b)] (1) Authorize the expenditure by a state agency of sums not

14-16  appropriated from the state general fund or the state highway fund;

14-17  [(c)] (2) Create or increase any significant fiscal liability of the state;

14-18  [(d)] (3) Implement a budget decision; or

14-19  [(e)] (4) Significantly decrease any revenue of the state,

14-20  is exempt from the provisions of subsections 1 and 2 of Joint Standing

14-21  Rule No. 14, subsection 1 of Joint Standing Rule No. 14.2 and Joint

14-22  Standing Rule No. 14.3. The Fiscal Analysis Division shall give notice to

14-23  the Legislative Counsel to cause to be printed on the face of the bill the

14-24  term “exempt” for any bills requested by the Senate Finance Committee or

14-25  Assembly Committee on Ways and Means that have been determined to be

14-26  exempt and shall give written notice to the Legislative Counsel, Secretary

14-27  of the Senate and Chief Clerk of the Assembly of any bill which is

14-28  determined to be exempt after it is printed. A notation of each exemption

14-29  granted after the bill was printed must be included as a part of the history

14-30  of the bill on the next practicable legislative day. The term “exempt” must

14-31  be printed on the face of all subsequent reprints of the bill.

14-32  2.  [All] Unless exempt pursuant to paragraph (a) of subsection 1, all

14-33  of the provisions of Joint Standing Rules Nos. 14, 14.2 and 14.3 apply to a

14-34  bill until it is determined to be exempt pursuant to subsection 1. A bill

14-35  determined to be exempt does not lose the exemption regardless of

14-36  subsequent actions taken by the Legislature.

14-37  3.  A cumulative list of all bills determined to be exempt after being

14-38  printed must be maintained and printed in the back of the list of requests

14-39  for the preparation of legislative measures prepared pursuant to NRS

14-40  218.2475.

14-41  4.  The provisions of subsections 1 and 2 of Joint Standing Rule No.

14-42  14, subsection 1 of Joint Standing Rule No. 14.2 and Joint Standing Rule

14-43  No. 14.3 do not apply to:

14-44  (a) A bill required to carry out the business of the Legislature.

14-45  (b) A [joint, concurrent or simple resolution.] bill returned from

14-46  enrollment for a technical correction.

14-47  (c) A bill that was previously enrolled but, upon request of the

14-48  legislature, has been returned from the Governor for further consideration.

 


15-1  Rule No. 14.7.  Amendments.

15-2    1.  The Legislative Counsel shall not honor a request for the drafting of

15-3  an amendment to a bill or resolution if the subject matter of the amendment

15-4  is independent of, and not specifically related and properly connected to,

15-5  the subject that is expressed in the title of the bill or resolution.

15-6    2.  For the purposes of this Rule, an amendment is independent of, and

15-7  not specifically related and properly connected to, the subject that is

15-8  expressed in the title of a bill or resolution if the amendment relates only to

15-9  the general, single subject that is expressed in that Title and not to the

15-10  specific whole subject matter embraced in the bill or resolution.

15-11  3.  This Rule must be narrowly construed to carry out the purposes for

15-12  which it was adopted which is to ensure the effectiveness of the limitations

15-13  set forth in Joint Standing Rules Nos. 14, 14.2 and 14.3.

 

15-14  CONTINUATION OF LEADERSHIP OF THE SENATE

15-15  AND ASSEMBLY DURING THE INTERIM

15-16  BETWEEN SESSIONS

 

15-17  Rule No. 15.  Tenure and Performance of Statutory Duties.

15-18  1.  Except as otherwise provided in subsections 2 and 3, the tenure of

15-19  the President pro Tem, Majority Leader and Minority Leader of the Senate

15-20  and the Speaker, Speaker pro Tem, Majority Floor Leader and Minority

15-21  Floor Leader of the Assembly extends during the interim between regular

15-22  sessions of the Legislature.

15-23  2.  The Senators designated to be the President pro Tem, Majority

15-24  Leader and Minority Leader for the next succeeding regular session shall

15-25  perform any statutory duty required in the period between the time of their

15-26  designation after the general election and the organization of the next

15-27  succeeding regular session of the Legislature if the Senator formerly

15-28  holding the respective position is no longer a Legislator.

15-29  3.  The Assemblymen designated to be the Speaker, Speaker pro Tem,

15-30  Majority Floor Leader and Minority Floor Leader for the next succeeding

15-31  regular session shall perform any statutory duty required in the period

15-32  between the time of their designation after the general election and the

15-33  organization of the next succeeding regular session.

 

15-34  INTRODUCTION OF LEGISLATION REQUESTED
BY STATE OR LOCAL GOVERNMENT

 

15-35  Rule No. 16.  Delivery of Bill Drafts Requested by State Agencies

15-36  and Local Governments.

15-37  1.  Except as otherwise provided in subsection 2, on the first legislative

15-38  day, the Legislative Counsel shall randomly deliver, in equal amounts, all

15-39  legislative measures drafted at the request of any state agency or

15-40  department or any local government to the Majority Leader of the Senate

15-41  and the Speaker of the Assembly for consideration for introduction.

15-42  2.  Any legislative measure properly requested in accordance with NRS

15-43  218.241 and 218.245 by any state agency or department or any local

15-44  government which has not been drafted before the first legislative day


16-1  must, upon completion, be immediately and randomly delivered, in equal

16-2  amounts, by the Legislative Counsel to the Majority Leader of the Senate

16-3  and the Speaker of the Assembly for consideration for introduction.

 

16-4  DATE OF FIRST JOINT BUDGET HEARING

 

16-5  Rule No. 17.  Requirement.

16-6    The first joint meeting of the Senate Standing Committee on Finance

16-7  and the Assembly Standing Committee on Ways and Means to consider the

16-8  budgets of the agencies of the state must be held on or before the [92nd]

16-9  89th calendar day of the regular session.

 

16-10  CRITERIA FOR REVIEWING BILLS THAT REQUIRE POLICIES

16-11  OF HEALTH INSURANCE TO PROVIDE COVERAGE FOR

16-12  CERTAIN TREATMENT OR SERVICES

 

16-13  Rule No. 18.  Topics of Consideration.

16-14  Any standing committee of the Senate or Assembly to which a bill is

16-15  referred requiring a policy of health insurance delivered or issued for

16-16  delivery in this state to provide coverage for any treatment or service shall

16-17  review the bill giving consideration to:

16-18  1.  The level of public demand for the treatment or service for which

16-19  coverage is required and the extent to which such coverage is needed in

16-20  this state;

16-21  2.  The extent to which coverage for the treatment or service is

16-22  currently available;

16-23  3.  The extent to which the required coverage may increase or decrease

16-24  the cost of the treatment or service;

16-25  4.  The effect the required coverage will have on the cost of obtaining

16-26  policies of health insurance in this state;

16-27  5.  The effect the required coverage will have on the cost of health care

16-28  provided in this state; and

16-29  6.  Such other considerations as are necessary to determine the fiscal

16-30  and social impact of requiring coverage for the treatment or service.

 

16-31  INTERIM FINDINGS AND RECOMMENDATIONS

16-32  OF LEGISLATIVE COMMITTEES

 

16-33  Rule No. 19.  Date for Reporting.

16-34  Each legislative committee that adopted any findings or

16-35  recommendations during the interim since the last regular session of the

16-36  Legislature shall, no later than the 14th calendar day of the regular session,

16-37  inform interested members of the Senate and Assembly of those findings

16-38  and recommendations.

 

 

 

 


17-1  POLICY AND PROCEDURES REGARDING
SEXUAL HARASSMENT

 

17-2  Rule No. 20.  Maintenance of Working Environment; Procedure for

17-3  Filing, Investigating and Taking Remedial Action on Complaints.

17-4    1.  The Legislature hereby declares its intention to maintain a working

17-5  environment which is free from sexual harassment. This policy applies to

17-6  all legislators and lobbyists. Each member and lobbyist is responsible to

17-7  conduct himself or herself in a manner which will ensure that others are

17-8  able to work in such an environment.

17-9    2.  In accordance with Title VII of the Civil Rights Act, for the

17-10  purposes of this rule, “sexual harassment” means unwelcome sexual

17-11  advances, requests for sexual favors, and other verbal or physical conduct

17-12  of a sexual nature when:

17-13  (a) Submission to such conduct is made either explicitly or implicitly a

17-14  term or condition of a person’s employment;

17-15  (b) Submission to or rejection of such conduct by a person is used as the

17-16  basis for employment decisions affecting the person; or

17-17  (c) Such conduct has the purpose or effect of unreasonably interfering

17-18  with a person’s work performance or creating an intimidating, hostile or

17-19  offensive working environment.

17-20  3.  Each person subject to these rules must exercise his own good

17-21  judgment to avoid engaging in conduct that may be perceived by others as

17-22  sexual harassment. The following noninclusive list provides illustrations of

17-23  conduct that the Legislature deems to be inappropriate:

17-24  (a) Verbal conduct such as epithets, derogatory comments, slurs or

17-25  unwanted sexual advances, invitations or comments;

17-26  (b) Visual conduct such as derogatory posters, photography, cartoons,

17-27  drawings or gestures;

17-28  (c) Physical conduct such as unwanted touching, blocking normal

17-29  movement or interfering with the work directed at a person because of his

17-30  sex;

17-31  (d) Threats and demands to submit to sexual requests to keep a person’s

17-32  job or avoid some other loss, and offers of employment benefits in return

17-33  for sexual favors; and

17-34  (e) Retaliation for opposing, reporting or threatening to report sexual

17-35  harassment, or for participating in an investigation, proceeding or hearing

17-36  conducted by the Legislature or the Nevada Equal Rights Commission or

17-37  the federal Equal Employment Opportunity Commission,

17-38  when submission to such conduct is made either explicitly or implicitly a

17-39  term or condition of a person’s employment or submission to or rejection

17-40  of such conduct by a person is used as the basis for employment decisions

17-41  affecting the person or such conduct has the purpose or effect of

17-42  unreasonably interfering with a person’s work performance or creating an

17-43  intimidating, hostile or offensive working environment.

17-44  4.  A person may have a claim of sexual harassment even if he has not

17-45  lost a job or some other economic benefit. Conduct that impairs a person’s

17-46  ability to work or his emotional well-being at work constitutes sexual

17-47  harassment.


18-1    5.  If a legislator believes he is being sexually harassed on the job, he

18-2  may file a written complaint with:

18-3    (a) The Speaker of the Assembly;

18-4    (b) The Majority Leader of the Senate; or

18-5    (c) The Director of the Legislative Counsel Bureau, if the complaint

18-6  involves the conduct of the Speaker of the Assembly or the Majority

18-7  Leader of the Senate.

18-8  The complaint must include the details of the incident or incidents, the

18-9  names of the persons involved and the names of any witnesses.

18-10  6.  Except as otherwise provided in subsection 7, the Speaker of the

18-11  Assembly or the Majority Leader of the Senate, as appropriate, shall refer a

18-12  complaint received pursuant to subsection 5 to a committee consisting of

18-13  legislators of the same House. A complaint against a lobbyist may be

18-14  referred to a committee in either House.

18-15  7.  If the complaint involves the conduct of the Speaker of the

18-16  Assembly or the Majority Leader of the Senate, the Director of the

18-17  Legislative Counsel Bureau shall refer the complaint to the Committee on

18-18  Elections, Procedures, and Ethics of the Assembly or the Committee on

18-19  Legislative Affairs and Operations of the Senate, as appropriate. If the

18-20  Speaker of the Assembly or the Majority Leader of the Senate is a member

18-21  of one of these committees, the Speaker or the Majority Leader, as the case

18-22  may be, shall not participate in the investigation and resolution of the

18-23  complaint.

18-24  8.  The committee to which the complaint is referred shall immediately

18-25  conduct a confidential and discreet investigation of the complaint. As a part

18-26  of the investigation, the committee shall notify the accused of the

18-27  allegations. The committee shall facilitate a meeting between the

18-28  complainant and the accused to allow a discussion of the matter, if both

18-29  agree. If the parties do not agree to such a meeting, the committee shall

18-30  request statements regarding the complaint from each of the parties. Either

18-31  party may request a hearing before the committee. The committee shall

18-32  make its determination and inform the complainant and the accused of its

18-33  determination as soon as practicable after it has completed its investigation.

18-34  9.  If the investigation reveals that sexual harassment has occurred, the

18-35  Legislature will take appropriate disciplinary or remedial action, or both.

18-36  The committee shall inform the complainant of any action taken. The

18-37  Legislature will also take any action necessary to deter any future

18-38  harassment.

18-39  10.  The Legislature will not retaliate against a person who files a

18-40  complaint and will not knowingly permit any retaliation by the person’s

18-41  supervisors or coworkers.

18-42  11.  The Legislature encourages a person to report any incident of

18-43  sexual harassment immediately so that the complaint can be quickly and

18-44  fairly resolved.

18-45  12.  Action taken by a complainant pursuant to this rule does not

18-46  prohibit the complainant from also filing a complaint of sexual harassment

18-47  with the Nevada Equal Rights Commission or the federal Equal

18-48  Employment Opportunity Commission.


19-1    13.  All legislators and lobbyists are responsible for adhering to the

19-2  provisions of this policy. The prohibitions against engaging in sexual

19-3  harassment and the protections against becoming a victim of sexual

19-4  harassment set forth in this policy apply to employees, legislators,

19-5  lobbyists, vendors, contractors, customers and visitors to the Legislature.

19-6    14.  This policy does not create any enforceable legal rights in any

19-7  person.

 

19-8  VOTE ON GENERAL APPROPRIATION BILL

 

19-9  Rule No. 21.  Waiting Period Between Introduction and Final

19-10  Passage.

19-11  A period of at least 24 hours must elapse between the introduction of the

19-12  general appropriation bill and a vote on its final passage by its house of

19-13  origin.

 

19-14  USE OF LOCK BOXES BY STATE AGENCIES

 

19-15  Rule No. 22.  Duties of Senate Standing Committee on Finance and

19-16  Assembly Standing Committee on Ways and Means.

19-17  To expedite the deposit of state revenue, the Senate Standing Committee

19-18  on Finance and the Assembly Standing Committee on Ways and Means

19-19  shall, when reviewing the proposed budget of a state agency which collects

19-20  state revenue, require if practicable, the agency to deposit revenue that it

19-21  has received within 24 hours after receipt. The committees shall allow such

19-22  agencies to deposit the revenue directly or contract with a service to

19-23  deposit the revenue within the specified period.

 

19-24  H