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.
H