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.

 

 

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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