Assembly Concurrent
Resolution No. 1–Committee on
Elections, Procedures, and Ethics
Assembly Concurrent RESOLUTION—Adopting the Joint Rules of the Senate and Assembly for the 72nd 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 71st Session are adopted, with the
following changes, as the Joint Rules of the Senate and Assembly
for the 72nd 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 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 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. 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 requested by a standing committee, or by persons
designated to request measures on behalf of a standing committee
during the interim. Bills requested by or on behalf of a standing
committee must be introduced by that committee.
8. 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
[71st] 68th 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 bill is exempt
pursuant to subsection 1 of Joint Standing Rule No. 14.6.
2. Final action on a bill may only be taken by the House of
origin on or before the [82nd] 79th 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
[106th] 103rd 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 bill is exempt
pursuant to subsection 1 of Joint Standing Rule No. 14.6.
4. Final action on a bill may only be taken by the second House
on or before the [113th] 110th 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
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 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:
(a) Contains an appropriation; or
(b) Has been determined by the Fiscal Analysis Division to:
(1) Authorize the expenditure by a state agency of sums not
appropriated from the State General Fund or the State Highway
Fund;
(2) Create or increase any significant fiscal liability of the
State;
(3) Implement a budget decision; or
(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. 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 by the Fiscal
Analysis Division pursuant to subsection 1 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 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]
or before the third 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] third 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 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.
20~~~~~03