Assembly Concurrent Resolution No. 1–Committee on
Elections, Procedures, and Ethics
FILE
NUMBER..........
ASSEMBLY Concurrent RESOLUTION—Adopting the
Joint Rules of the Senate and Assembly for the 71st session of the Legislature.
Resolved
by the Assembly of the State of Nevada, The Senate
Concurring, That the Joint Rules of the Senate and Assembly as
amended by the 70th session are adopted, with the following
changes, as
the Joint Rules of the Senate and Assembly for the 71st session of
the
Legislature:
CONFERENCE COMMITTEES
Rule No. 1. Procedure Concerning.
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.
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.
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. 2. Procedure Concerning.
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
[upon] in
the Journal of proceedings.
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 the biennial message of the Governor
to be
received and read, and all special messages to be received, read
and
entered in full [upon] in the Journal of proceedings.
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. 3. Communications.
Each House shall communicate its final action on any bill or
resolution,
or matter in which the other may be interested, by written notice.
Each
such notice sent by the Senate must be signed by the Secretary of
the
Senate, or a person designated by the Secretary. Each such notice
sent by
the Assembly must be signed by the Chief Clerk of the Assembly, or
a
person designated by the Chief Clerk.
BILLS AND JOINT RESOLUTIONS
Rule No. 4. Signature.
Each enrolled bill or joint resolution shall be presented to the
presiding
officers of both Houses for signature. They shall, after an
announcement
of their intention to do so is made in open session, sign the bill
or joint
resolution and their signatures shall be followed by those of the
Secretary
of the Senate and Chief Clerk of the Assembly.
Rule No. 5. Joint Sponsorship.
1. A bill or resolution
introduced by a standing committee of the
Senate or Assembly may, at the direction of the chairman of the
committee, set forth the name of a standing committee of the other
House
as a joint sponsor, if a majority of all members appointed to the
committee
of the other House votes in favor of becoming a joint sponsor of
the bill or
resolution. The name of the committee joint sponsor must be set
forth on
the face of the bill or resolution immediately below the date on
which the
bill or resolution is introduced.
2. A bill or resolution
introduced by one or more legislators elected to
one House may, at the direction of the legislator who brings the
bill or
resolution forward for introduction, set forth the names of one or
more
legislators who are members elected to the other House and who
wish to
be primary joint sponsors or non-primary joint sponsors of the
bill or
resolution. The number of primary joint sponsors must not exceed
five per
bill or resolution. The
names of each primary joint sponsor and non-
primary joint sponsor must
be set forth on the face of the bill or resolution
in the following order immediately below the date on which the
bill or
resolution is introduced:
(a) The name of each primary joint sponsor, in the order indicated
on
the colored back of the introductory copy of the bill or
resolution; and
(b) The name of each non-primary joint sponsor, in alphabetical
order.
3. The Legislative Counsel
shall not cause to be printed the name of a
standing committee as a joint sponsor on the face of a bill or
resolution
unless the 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 5. The Legislative
Counsel
shall not cause to be printed the name of a legislator as a
primary joint
sponsor or non-primary joint sponsor on the face of a bill or
resolution
unless the legislator has signed the colored back of the
introductory copy
of the bill or resolution that was submitted to the front desk of
the House
of origin or the statement required by subsection 5.
4. Upon introduction, any
bill or resolution that sets forth the names of
primary joint sponsors or non-primary joint sponsors, or both,
must be
numbered in the same numerical sequence as other bills and
resolutions of
the same House of origin are numbered.
5. Once a bill or
resolution has been introduced, a primary joint
sponsor or non-primary joint sponsor may only be added or removed
by
amendment of the bill or resolution. An amendment which proposes
to add
or remove a primary joint sponsor or non-primary joint sponsor
must not
be considered by the House of origin of the amendment unless a
statement
requesting the addition or removal is attached to the copy of the
amendment submitted to the front desk of the House of origin of
the
amendment. If the amendment proposes to add or remove a legislator
as a
primary joint sponsor or non-primary joint sponsor, the statement
must be
signed by that legislator. If the amendment proposes to add or
remove a
standing committee as a joint sponsor, the statement must be
signed by the
chairman of the committee. A copy of the statement must be
transmitted to
the Legislative Counsel if the amendment is adopted.
6. An amendment that
proposes to add or remove a primary joint
sponsor or non-primary joint sponsor may include additional
proposals to
change the substantive provisions of the bill or resolution or may
be
limited only to the proposal to add or remove a primary joint
sponsor or
non-primary joint sponsor.
PRINTING
Rule No. 6. 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. 7. Types, Usage and Approval.
1. A joint resolution must
be used to:
(a) Propose an amendment to the Nevada constitution.
(b) Ratify a proposed amendment to the United States Constitution.
(c) Address the President of the United States, Congress, either
House
or any committee or member of Congress, any department or agency
of
the Federal Government, or any other state of the Union.
2. A concurrent resolution
must be used to:
(a) Amend these joint rules.
(b) Request the return from the Governor of an enrolled bill for
further
consideration.
(c) 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, but any request for
drafting
the resolution must be approved by the Senate Committee on
Legislative
Affairs and Operations or the Assembly Committee on Elections,
Procedures, and Ethics before submission to the Legislative
Counsel.
VETOES
Rule No. 8. 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. 9. Limitations and Calculation of Duration.
1. In calculating the
permissible duration of an adjournment for 3 days
or less, the day of adjournment must not be counted but the day of
the next
meeting must be counted, and Sunday must not be counted.
2. The Legislature may
adjourn for more than 3 days by motion
based
on mutual consent of the
houses or by concurrent resolution. One or
more such adjournments, for a total of not more than 20 days
during any
regular session, may be taken to permit standing committees,
select
committees or the Legislative Counsel Bureau to prepare the
matters
respectively entrusted to them for the consideration of the
Legislature as a
whole.
EXPENDITURES FROM THE LEGISLATIVE FUND
Rule No. 10. [Routine Expenses or
Concurrent Resolution.] Manner of
authorization.
Except for routine salary,
travel, equipment and operating expenses, no
expenditures shall be made from the Legislative Fund without the
authority of a Concurrent Resolution regularly adopted by the Senate
and
Assembly.
LEGISLATIVE COMMISSION
Rule No. 11. Membership and Organization.
1. When members of the
minority party in the Senate or in the
Assembly comprise less than 34 percent of the total number elected
to that
House, minority party membership for that House on the Legislative
Commission must be:
(a) One, if such membership is less than 21 percent.
(b) Two, if such membership is between 21 percent and 33 percent.
If
the members of the minority party in the Senate or in the Assembly
comprise more than 33 percent of the total number elected to that
House,
minority party membership for that House on the Commission must be
three, being equal to the membership of the majority party.
2. Each House shall select
one or more alternate members for each
member from that House, designating them according to party or
according to the individual member whom the alternate would
replace.
3. A vacancy in the
regular Senate or Assembly membership created
by death or by resignation or by the Legislator’s ceasing to be a
member
of the Legislature shall be filled by the proper alternate member
as
designated by that House. If there is no proper alternate member,
the
Legislative Commission shall fill the vacancy by appointing a
Senator or
Assemblyman of the same party.
4. If for any reason a member
is or will be absent from a meeting and
there are no alternates
available, the chairman of the commission may
appoint a member of the same House and political party to attend
the
meeting as an alternate.
5. The members shall serve
until their successors are appointed by
resolution as provided in NRS 218.660, notwithstanding that their
terms of
office may have expired, except that the membership of any member
who
does not become a candidate for reelection or who is defeated for
reelection shall terminate on the day next after the election and
the
vacancy shall be filled as provided in this rule.
6. The chairman shall be
selected at the first meeting of the newly
formed Legislative Commission and shall serve until his successor
is
appointed following the formation of the next Legislative
Commission.
RECORDS OF COMMITTEE PROCEEDINGS
Rule No. 12. Duties of Secretary of Committee and
Director.
1. Each standing committee
of the Legislature shall cause a record to
be made of the proceedings of its meetings.
2. The secretary of a
standing committee shall:
(a) Label each record with the date, time and place of the meeting
and
also indicate on the label the numerical sequence in which the
record was
made;
(b) Keep the records in chronological order; and
(c) Deposit the records immediately following the final
adjournment of
any regular or 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.
REAPPORTIONMENT AND REDISTRICTING
Rule No. 13. Responsibility for Measures and Approval of
Research
Requests.
1. The Committee on Government
Affairs of the Senate and the
Committee on Elections, Procedures, and Ethics of the Assembly are
respectively responsible for measures which primarily affect the
designation of the districts from which members are elected to the
Legislature. These
committees are hereby designated as the “redistricting
committees” for the
purposes of this rule and Joint Standing Rules Nos.
13.1, 13.2, 13.3, 13.4,
13.5 and 13.6.
2. Any request for research concerning the population of proposed
districts must be submitted
to the Research Division of the Legislative
Counsel Bureau through one of these redistricting committees.
Rule No. 13.1. Equality of
Representation.
1. In order to meet constitutional guidelines
for deviations in
population among state
legislative districts, no plan, or proposed
amendment thereto, will be
considered that results in an overall range of
deviation in excess of 10
percent, or a relative deviation in excess of plus
or minus 5 percent from the
ideal district population.
2. The population of each of the Nevada
congressional districts must
be as nearly equal as is
practicable. Any population deviation among the
congressional districts
from the ideal district population must be
necessary to achieve some
legitimate state objective. Legitimate state
objectives, as judicially
determined, include making districts compact,
respecting municipal
boundaries, preserving the cores of prior districts
and avoiding contests
between incumbent representatives. In order to
meet constitutional
guidelines for congressional districts, no plan, or
proposed amendment thereto,
will be considered that results in an
overall range of deviation
in excess of 1 percent, or a relative deviation
in excess of plus or minus
one-half percent from the ideal district
population.
3. Equality of population in accordance with the
standard for state
legislative districts is
the goal of redistricting for the State Board of
Education and the Board of
Regents.
Rule No. 13.2. Population
Database.
1.
The total state population, and the
population of defined subunits
thereof, as determined by the 2000 federal decennial census must
be the
exclusive database for redistricting by the Nevada Legislature.
2.
Such 2000 census data as validated by
the staff of the Legislative
Counsel Bureau must be the exclusive database used for the
evaluation
of proposed redistricting plans for population equality.
Rule No. 13.3. Districts.
All district boundaries
created by a redistricting plan must follow the
census geography.
Rule No. 13.4. Procedures
of the Redistricting Committees.
1. A legislator or member of the public may
present to the
redistricting committees
any plans or proposals relating to redistricting,
including proposals for
redistricting specific districts or all the state
legislative districts,
congressional districts, districts for the Board of
Regents or districts for
the State Board of Education for consideration
by the redistricting
committees.
2. Bill draft requests, including bills in skeletal
form, setting forth
specific boundaries of the
state legislative districts, congressional
districts, districts for
the Board of Regents or districts for the State
Board of Education, and
amendments affecting a majority of the state
legislative districts, may
only be requested by the chairmen of the
redistricting committees.
3. The chairmen of the redistricting committees are limited to one
request each for a bill draft setting forth the specific boundaries
of the
state legislative
districts, one request each for a bill draft setting forth
the specific boundaries of
the congressional districts, one request each
for a bill draft setting
forth the specific boundaries of the districts for the
Board of Regents and one
request each for a bill draft setting forth the
specific boundaries of the
districts of the State Board of Education. At
the direction of the
chairman of the redistricting committee, the bill draft
requests setting forth the
specific boundaries of the state legislative
districts, the
congressional districts, districts for the Board of Regents
and districts for the State
Board of Education may be combined in any
manner.
Rule No. 13.5. Compliance
with the Voting Rights Act.
1.
The redistricting committees will not
consider a plan that
discernibly violates section 2 of the Voting Rights Act, codified
as 42
U.S.C. § 1973(a), which prohibits any state from imposing any
voting
qualification, standard, practice or procedure that results in the
denial
or abridgment of any United States citizen’s right to vote on
account of
race, color or status as a member of a language minority group.
2. The redistricting committees will not
consider a plan in which the
Legislature subordinates
traditional districting principles to racial
considerations and makes
race the dominant and controlling rationale
in drawing district
lines. For the purposes of this
subsection,
“traditional districting
principles” are those traditional redistricting
principles that have been
judicially recognized and include compactness
of districts, contiguity of
districts, preservation of political subdivisions,
preservation of communities
of interest, preservation of cores of prior
districts, protection of
incumbents and compliance with section 2 of the
Voting Rights Act, 42
U.S.C. § 1973 (2).
3. For the purpose of analyzing the 2000 census
data, the
redistricting committees
shall adopt the method set forth in the Office of
Management and Budget (OMB)
Bulletin No. 00-02 for aggregating and
allocating the 63
categories of race data that will be reported to Nevada
by the United States Census
Bureau as part of the federal decennial
census.
Rule No. 13.6. Public
Participation.
1.
The redistricting committees shall seek
and encourage:
(a)
Public participation in all aspects of the reapportionment and
redistricting activities; and
(b)
The widest range of public input into the deliberations relating to
those activities.
2.
Notices of all meetings of the
redistricting committees must be
transmitted to any member of the public who so requests, without
charge.
3.
All interested persons are encouraged
to appear before the
redistricting committees and to provide their input regarding the
reapportionment and redistricting activities. The redistricting
committees shall afford a reasonable opportunity to any interested
persons to present plans, or amendments to plans for
redistricting,
unless such plans demonstrably fail to meet the minimally
acceptable
criteria set forth in
this rule and Joint Standing Rules
Nos. 13, 13.1, 13.2, 13.3, 13.4 and
13.5.
4.
Each of the redistricting committees,
either jointly or separately,
shall hold at least one hearing in the southern portion of this
state and
at least one hearing in a rural portion of this state to allow
residents
throughout the state an opportunity to participate in the
deliberations
relating to the reapportionment and redistricting activities.
5. The Legislative Counsel Bureau shall make
available to the public
copies of the validated
2000 census database for the cost of reproducing
the database.
6.
The redistricting committees shall make
available for review by
the public, copies of all maps prepared at the direction of the
committees.
LIMITATIONS ON INTRODUCTION AND REQUESTS FOR
DRAFTING OF LEGISLATIVE MEASURES
Rule No. 14. Limitations on Drafting and Requirements for
Introduction; Duplicative Measures; Indication of Requester on
Committee Introductions.
1. Except as otherwise
provided in subsection 5 and Joint Standing
Rules Nos. 14.4, 14.5 and 14.6, after a regular legislative session
has
convened, the Legislative Counsel shall honor, if submitted before
5 p.m.
on the 8th calendar day of the legislative session, not more than:
(a) Two requests from each Assemblyman; and
(b) Four requests from each Senator,
for the drafting of a bill [.] or resolution.
2. Except as otherwise
provided in subsections 4 and 5 and Joint
Standing Rules Nos. 14.4, 14.5 and 14.6, after a regular
legislative session
has convened, the Legislative Counsel shall honor, if submitted
before 5
p.m. on the 22nd calendar day of the legislative session, not more
than 50
requests, in total, from the standing committees of each house [.] for the
drafting of a bill. The Majority Leader of the
Senate and the Speaker of
the Assembly shall, not later than the 1st calendar day of the
legislative
session, determine and provide the Legislative Counsel with a
written list
of the number of requests for the drafting of a bill that may be
submitted
by each standing committee of their respective houses, within the
limit
provided by this subsection. The lists may be revised any time
before the
22nd day of the legislative session to reallocate any unused
requests or
requests which were withdrawn before drafting began on the
request.
3. A request for the
drafting of a bill or resolution that is submitted by
a standing committee pursuant to this section must be approved by
a
majority of all of the members appointed to the committee before
the
request is submitted to the Legislative Counsel.
4. A standing committee
may only request the drafting of a bill or
resolution or introduce a bill or resolution that is within the
jurisdiction of
the standing committee.
5. The Legislative Counsel
shall not honor a request for the drafting of
a bill or resolution submitted by a member or standing committee
of the
Senate or Assembly unless such information as is required to draft
the
measure is submitted to the Legislative Counsel with the request.
6. A measure introduced by a
standing committee at the request of a
legislator or organization
must indicate the legislator or organization at
whose request the measure was drafted.
7. The following measures
must be introduced by a standing
committee:
(a) Measures drafted at the request of agencies and officers of
the
executive branch of state government, local governments, the
courts and
other authorized nonlegislative requesters.
(b) Measures requested by interim legislative studies.
(c) Bills [and joint resolutions] requested by a standing
committee, or
by persons designated to request measures on behalf of a standing
committee during the interim. Bills [and joint resolutions]
requested by or
on behalf of a standing committee must be introduced by that
committee.
8. [Simple and concurrent resolutions] Resolutions
requested by or on
behalf of a standing committee may be introduced by an individual
member.
9. If two or more measures
are being considered in the same house
which are substantively duplicative, only the measure which has
been
assigned the lowest number for the purpose of establishing its
priority in
drafting may be considered, unless the measure with the lowest
number is
not introduced within 5 days after introduction of a measure with
a higher
number.
10. A legislator may not
change the subject matter of a request for a
legislative measure after it has been submitted for drafting.
Rule No. 14.2. Limitations on Time for Introduction of
Legislation.
1. Except as otherwise
provided in Joint Standing Rules Nos. 14.4,
14.5 and 14.6:
(a) Unless the provisions of paragraph (b) or (c) are applicable,
a bill
may only be introduced on or before:
(1) The 10th calendar day following delivery of the introductory
copy
of the bill; or
(2) The last day for introduction of the bill as required by
paragraph
(d),
whichever is earlier.
(b) If a bill requires revision after the introductory copy has
been
delivered, such information as is required to draft the revision
must be
submitted to the Legislative Counsel before the 10th calendar day
following delivery of the introductory copy of the bill. The
revised bill
may only be introduced on or before:
(1) The 15th calendar day following delivery of the original
introductory copy of the bill; or
(2) The last day for introduction of the bill as required by
paragraph
(d),
whichever is earlier.
(c) If the bill requires a second or subsequent revision, such
information
as is required to draft the revision must be submitted to the
Legislative
Counsel before the 15th calendar day following delivery of the
original
introductory copy of the bill. A bill revised pursuant to this
subsection
may only be introduced on or before:
(1) The 20th calendar day following delivery of the original
introductory copy of the
bill; or
(2) The last day for introduction of the bill as required by
paragraph
(d),
whichever is earlier.
(d) Except as otherwise provided in subsection 3, the last day for
introduction of a bill that was requested by:
(1) A legislator is the 43rd calendar day of the legislative session.
(2) A standing or interim committee or other requester is the
50th
calendar day of the legislative session.
2. The Legislative Counsel
shall indicate on the face of the
introductory copy of each bill the final date on which the bill
may be
introduced.
3. If the final date on
which the bill may be introduced falls upon a day
on which the House in which the bill is to be introduced is not in
session,
the bill may be introduced on the next day that the House is in
session.
SCHEDULE FOR ENACTMENT OF BILLS
Rule No. 14.3. Final Dates for Action by Standing Committees
and
Houses; Final Date for Requesting Drafting of Reports for
Conference
Committees.
Except as otherwise provided in Joint Standing Rules Nos. 14.4,
14.5
and 14.6:
1. The final standing
committee to which a bill is referred in its House
of origin may only take action on the bill on or before the [68th]
71st
calendar day of the
legislative session. A bill may be re-referred after that
date only to the Committee on Finance or the Committee on Ways and
Means and only if the [Fiscal
Analysis Division has determined]
bill is
exempt pursuant to subsection 1 of
Joint Standing Rule No. 14.6 . [that the
bill is exempt.]
2. Final action on a bill
may only be taken by the House of origin on or
before the [78th] 82nd calendar day of the legislative session.
3. The final standing
committee to which a bill is referred in the
second House may only take action on the bill on or before the [103rd]
106th calendar
day of the legislative session. A bill may be re-referred
after that date only to the Committee on Finance or the Committee
on
Ways and Means and only if the [Fiscal Analysis Division has determined]
bill is exempt pursuant
to subsection 1 of Joint Standing Rule No. 14.6 .
[that the bill is exempt.]
4. Final action on a bill
may only be taken by the second House on or
before the [110th] 113th calendar day of the legislative session.
[5. Requests for the drafting of reports for
Conference Committees
must be submitted to the
Legislative Counsel on or before the 118th
calendar day of the
legislative session.]
No notice of reconsideration
of any final vote on a bill is in order on the
last day on which final action is allowed.
Rule No. 14.4. Emergency Requests.
1. After a legislative
session has convened:
(a) The Majority Leader of the Senate and the Speaker of the
Assembly
may each submit to the Legislative Counsel, on his own behalf or
on the
behalf of another legislator or a standing committee of the Senate
or
Assembly, not more than five requests for the drafting of a bill [.] or
resolution.
(b) The Minority Leader of the Senate and the Minority Leader of
the
Assembly may each submit to the Legislative Counsel, on his own
behalf
or on the behalf of another legislator or a standing committee of
the Senate
or Assembly, not more than two requests for the drafting of a bill [.] or
resolution.
2. A request submitted
pursuant to subsection 1:
(a) May be submitted at any time during the legislative session
and is
not subject to any of the provisions of subsections 1 and 2 of
Joint
Standing Rule No. 14, subsection 1 of Joint Standing Rule No. 14.2
and
Joint Standing Rule No. 14.3.
(b) Is in addition to, and not in lieu of, any other requests for
the
drafting of a bill or
resolution that are authorized to be submitted to the
Legislative Counsel by the Majority Leader of the Senate, Speaker
of the
Assembly, Minority Leader of the Senate or Minority Leader of the
Assembly.
3. The list of requests
for the preparation of legislative measures
prepared pursuant to NRS 218.2475 must include the phrase
“EMERGENCY REQUEST OF” and state the title of the person who
requested each bill or
resolution pursuant to this rule. If the request was
made on behalf of another legislator or a standing committee, the
list must
also include the name of the legislator or standing committee on
whose
behalf the bill or
resolution was requested.
4. The Legislative Counsel
shall cause to be printed on the face of the
introductory copy of all reprints of each bill or resolution requested
pursuant to this rule the phrase “EMERGENCY REQUEST OF” and state
the title of the person who requested the bill [.] or resolution.
Rule No. 14.5. Waivers.
1. At the request of a
legislator or a standing or select
committee of the
Senate or Assembly, subsection 1 or 2 of Joint Standing Rule No.
14,
subsection 1 of Joint Standing Rule No. 14.2 or any of the provisions
of
Joint Standing Rule No. 14.3, or any combination thereof, may be
waived
by the Majority Leader of the Senate and the Speaker of the
Assembly,
acting jointly, at any time during a legislative session. A
request for a
waiver submitted by a [standing] committee must be
approved by a
majority of all members appointed to the committee before the
request is
submitted to the Majority Leader and the Speaker.
2. A waiver granted
pursuant to subsection 1:
(a) Must be in writing, executed on a form provided by the
Legislative
Counsel, and signed by the Majority Leader and the Speaker.
(b) Must indicate the date on which the waiver is granted.
(c) Must indicate the legislator or [standing]
committee on whose behalf
the waiver is being granted.
(d) Must include the bill number for which the waiver is granted or
indicate that the
Legislative Counsel is authorized to accept and honor a
request for a new bill
[.] or
resolution.
(e) Must indicate the provisions to which the waiver applies.
(f) May include the conditions under which the bill for which the
waiver
is being granted must be introduced and processed.
3. The Legislative Counsel
shall not honor a request for the drafting of
a new bill or
resolution for which a waiver is granted pursuant to this rule
unless such information as is required to draft the bill or resolution is
submitted to the Legislative Counsel within 2 calendar days after
the date
on which the waiver is granted.
4. Upon the receipt of a
written waiver granted pursuant to this rule,
the Legislative Counsel shall transmit a copy of the waiver to the
Secretary of the Senate and the Chief Clerk of the Assembly. The
notice
that a waiver has been granted for an existing bill must be read
on the floor
and entered in the journal, and a notation that the waiver was
granted must
be included as a part of the history of the bill on the next
practicable
legislative day. A notation that a waiver was granted authorizing
a new bill
or resolution must
be included as a part of the history of the bill or
resolution after introduction.
5. The Legislative Counsel
shall secure the original copy of the waiver
to the official cover of the bill [.] or resolution.
6. No notice of
reconsideration or any final vote on a bill is in order on
the last day on which final action is allowed by a waiver.
Rule No. 14.6. Exemptions.
1. Upon request of the
draft by or referral to the Senate Finance
Committee or the Assembly Committee on Ways and Means, a bill
which
[has] :
(a) Contains an
appropriation; or
(b) Has been determined by the
Fiscal Analysis Division to:
[(a) Contain an
appropriation;
(b)] (1) Authorize
the expenditure by a state agency of sums not
appropriated from the state general fund or the state highway
fund;
[(c)] (2) Create
or increase any significant fiscal liability of the state;
[(d)] (3) Implement
a budget decision; or
[(e)] (4) Significantly
decrease any revenue of the state,
is exempt from the
provisions of subsections 1 and 2 of Joint Standing
Rule No. 14, subsection 1 of Joint Standing Rule No. 14.2 and
Joint
Standing Rule No. 14.3. The Fiscal Analysis Division shall give
notice to
the Legislative Counsel to cause to be printed on the face of the
bill the
term “exempt” for any bills requested by the Senate Finance
Committee or
Assembly Committee on Ways and Means that have been determined to
be exempt and shall give written notice to the Legislative
Counsel,
Secretary of the Senate and Chief Clerk of the Assembly of any
bill which
is determined to be exempt after it is printed. A notation of each
exemption granted after the bill was printed must be included as a
part of
the history of the bill on the next practicable legislative day.
The term
“exempt” must be printed on the face of all subsequent reprints of
the bill.
2. [All]
Unless exempt pursuant to paragraph
(a) of subsection 1, all
of the provisions of Joint
Standing Rules Nos. 14, 14.2 and 14.3 apply to a
bill until it is determined to be exempt pursuant to subsection 1.
A bill
determined to be exempt does not lose the exemption regardless of
subsequent actions taken by the Legislature.
3. A cumulative list of
all bills determined to be exempt after being
printed must be maintained and printed in the back of the list of
requests
for the preparation of legislative measures prepared pursuant to
NRS
218.2475.
4. The provisions of
subsections 1 and 2 of Joint Standing Rule No.
14, subsection 1 of Joint Standing Rule No. 14.2 and Joint
Standing Rule
No. 14.3 do not apply to:
(a) A bill required to carry out the business of the Legislature.
(b) A [joint, concurrent or
simple resolution.] bill returned from
enrollment for a technical
correction.
(c) A bill that was previously enrolled but, upon request of the
legislature, has been returned from the Governor for further
consideration.
Rule No. 14.7. Amendments.
1. The Legislative Counsel
shall not honor a request for the drafting of
an amendment to a bill or resolution if the subject matter of the
amendment is independent of, and not specifically related and
properly
connected to, the subject that is expressed in the title of the bill
or
resolution.
2. For the purposes of
this Rule, an amendment is independent of, and
not specifically related and properly connected to, the subject
that is
expressed in the title of a bill or resolution if the amendment
relates only
to the general, single subject that is expressed in that Title and
not to the
specific whole subject matter embraced in the bill or resolution.
3. This Rule must be
narrowly construed to carry out the purposes for
which it was adopted which is to ensure the effectiveness of the
limitations
set forth in Joint Standing Rules Nos. 14, 14.2 and 14.3.
CONTINUATION OF LEADERSHIP OF THE SENATE
AND ASSEMBLY DURING THE INTERIM
BETWEEN SESSIONS
Rule No. 15. Tenure and Performance of Statutory Duties.
1. Except as otherwise
provided in subsections 2 and 3, the tenure of
the President pro Tem, Majority Leader and Minority Leader of the
Senate
and the Speaker, Speaker pro Tem, Majority Floor Leader and Minority
Floor Leader
of the Assembly extends during the interim between regular
sessions of the Legislature.
2. The Senators designated
to be the President pro Tem, Majority
Leader and Minority Leader for the next succeeding regular session
shall
perform any statutory duty required in the period between the time
of their
designation after the general election and the organization of the
next
succeeding regular session of the Legislature if the Senator
formerly
holding the respective position is no longer a Legislator.
3. The 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.
INTRODUCTION OF LEGISLATION REQUESTED
BY STATE OR LOCAL GOVERNMENT
Rule No. 16. Delivery of Bill Drafts Requested by State
Agencies
and Local Governments.
1. Except as otherwise
provided in subsection 2, on the first legislative
day, the Legislative Counsel shall randomly deliver, in equal
amounts, all
legislative measures drafted at the request of any state agency or
department or any local government to the Majority Leader of the
Senate
and the Speaker of the Assembly for consideration for
introduction.
2. Any legislative measure
properly requested in accordance with NRS
218.241 and 218.245 by any state agency or department or any local
government which has not been drafted before the first legislative
day
must, upon completion, be immediately and randomly delivered, in
equal
amounts, by the Legislative Counsel to the Majority Leader of the
Senate
and the Speaker of the Assembly for consideration for
introduction.
DATE OF FIRST JOINT BUDGET HEARING
Rule No. 17. Requirement.
The first joint meeting of the Senate Standing Committee on
Finance
and the Assembly Standing Committee on Ways and Means to consider
the budgets of the agencies of the state must be held on or before
the
[92nd] 89th calendar
day of the regular session.
CRITERIA FOR REVIEWING BILLS THAT REQUIRE POLICIES
OF HEALTH INSURANCE TO PROVIDE COVERAGE FOR
CERTAIN TREATMENT OR SERVICES
Rule No. 18. Topics of Consideration.
Any standing committee of the Senate or Assembly to which a bill
is
referred requiring a policy of health insurance delivered or
issued for
delivery in this state to provide coverage for any treatment or
service shall
review the bill giving consideration to:
1. The level of public
demand for the treatment or service for which
coverage is required and the extent to which such coverage is
needed in
this state;
2. The extent to which
coverage for the treatment or service is
currently available;
3. The extent to which the
required coverage may increase or decrease
the cost of the treatment or service;
4. The effect the required
coverage will have on the cost of obtaining
policies of health insurance in this state;
5. The effect the required
coverage will have on the cost of health care
provided in this state; and
6. Such other
considerations as are necessary to determine the fiscal
and social impact of requiring coverage for the treatment or
service.
INTERIM FINDINGS AND RECOMMENDATIONS
OF LEGISLATIVE COMMITTEES
Rule No. 19. Date for Reporting.
Each legislative committee that adopted any findings or
recommendations during the interim since the last regular session
of the
Legislature shall, no later than the 14th calendar day of the
regular session,
inform interested members of the Senate and Assembly of those
findings
and recommendations.
POLICY AND PROCEDURES REGARDING
SEXUAL HARASSMENT
Rule No. 20. 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
on
Legislative Affairs and Operations 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.
VOTE ON GENERAL APPROPRIATION BILL
Rule No. 21. Waiting Period Between Introduction and Final
Passage.
A period of at least 24 hours must elapse between the introduction
of the
general appropriation bill and a vote on its final passage by its
house of
origin.
USE OF LOCK BOXES BY STATE AGENCIES
Rule No. 22. Duties of Senate Standing Committee on
Finance and
Assembly Standing Committee on Ways and Means.
To expedite the deposit of state revenue, the Senate Standing Committee
on Finance and the Assembly Standing Committee on Ways and Means
shall, when reviewing the proposed budget of a state agency which
collects state revenue, require if practicable, the agency to
deposit revenue
that it has received within 24 hours after receipt. The committees
shall
allow such agencies to deposit the revenue directly or contract
with a
service to deposit the revenue within the specified period.
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