A.C.R. 1
Assembly
Concurrent Resolution No. 1–Committee on
Elections, Procedures, and Ethics
February 3, 2003
____________
Read and Adopted
SUMMARY—Adopts Joint Standing Rules of Senate and Assembly for 72nd Session of Legislature. (BDR R‑1011)
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EXPLANATION
– Matter in bolded italics is new; matter
between brackets [omitted material] is material to be omitted.
Green numbers along left margin indicate location on the printed bill (e.g., 5-15 indicates page 5, line 15).
Assembly Concurrent RESOLUTION—Adopting the Joint Rules of the Senate and Assembly for the 72nd Session of the Legislature.
1-1 Resolved by the Assembly of the State of Nevada, The
1-2 Senate Concurring, That the Joint Rules of the Senate and
1-3 Assembly as amended by the 71st Session are adopted, with the
1-4 following changes, as the Joint Rules of the Senate and Assembly
1-5 for the 72nd Session of the Legislature:
1-6 CONFERENCE COMMITTEES
1-7 Rule No. 1. Procedure Concerning.
1-8 In every case of an amendment of a bill, or joint or concurrent
1-9 resolution, agreed to in one House, dissented from in the other, and
1-10 not receded from by the one making the amendment, each House
1-11 shall appoint a committee to confer with a like committee to be
1-12 appointed by the other; and the committee so appointed shall meet
1-13 publicly at a convenient hour to be agreed upon by their respective
1-14 chairmen and announced publicly, and shall confer upon the
1-15 differences between the two Houses as indicated by the amendments
1-16 made in one and rejected in the other and report as early as
1-17 convenient the result of their conference to their respective Houses.
1-18 The report shall be made available to all members of both Houses.
1-19 The whole subject matter embraced in the bill or resolution shall be
1-20 considered by the committee, and it may recommend recession by
2-1 either House, new amendments, new bills or resolutions, or other
2-2 changes as it sees fit. New bills or resolutions so reported shall be
2-3 treated as amendments unless the bills or resolutions are composed
2-4 entirely of original matter, in which case they shall receive the
2-5 treatment required in the respective Houses for original bills, or
2-6 resolutions, as the case may be.
2-7 The report of a conference committee may be adopted by
2-8 acclamation, and such action may be considered equivalent to the
2-9 adoption of amendments embodied therein. The report is not subject
2-10 to amendment. If either House refuses to adopt the report, or if the
2-11 first conference committee has so recommended, a second
2-12 conference committee may be appointed. No member who served
2-13 on the first committee may be appointed to the second.
2-14 There shall be but two conference committees on any bill or
2-15 resolution. A majority of the members of a conference committee
2-16 from each House must be members who voted for the passage of the
2-17 bill or resolution.
2-18 MESSAGES
2-19 Rule No. 2. Procedure Concerning.
2-20 Proclamations by the Governor convening the Legislature in
2-21 extra session shall, by direction of the presiding officer of each
2-22 House, be read immediately after the convening thereof, filed and
2-23 entered in full in the Journal of proceedings.
2-24 Whenever a message from the Governor is received, the Sergeant
2-25 at Arms will announce: “Mr. President, or Mr. Speaker, the
2-26 Secretary of the Governor is at the bar.” The Secretary will, upon
2-27 being recognized by the presiding officer, announce: “Mr. President,
2-28 or Mr. Speaker, a message from His Excellency, the Governor of
2-29 Nevada, to the Honorable, the Senate or Assembly,” and hand same
2-30 to the Sergeant at Arms for delivery to the Secretary of the Senate or
2-31 Chief Clerk of the Assembly. The presiding officer will direct the
2-32 biennial message of the Governor to be received and read, and all
2-33 special messages to be received, read and entered in full in the
2-34 Journal of proceedings.
2-35 Messages from the Senate to the Assembly shall be delivered by
2-36 the Secretary or Assistant Secretary, and messages from the
2-37 Assembly to the Senate shall be delivered by the Chief Clerk or
2-38 Assistant Chief Clerk.
2-39 NOTICE OF FINAL ACTION
2-40 Rule No. 3. Communications.
3-1 Each House shall communicate its final action on any bill or
3-2 resolution, or matter in which the other may be interested, by written
3-3 notice. Each such notice sent by the Senate must be signed by the
3-4 Secretary of the Senate, or a person designated by the Secretary.
3-5 Each such notice sent by the Assembly must be signed by the Chief
3-6 Clerk of the Assembly, or a person designated by the Chief Clerk.
3-7 BILLS AND JOINT RESOLUTIONS
3-8 Rule No. 4. Signature.
3-9 Each enrolled bill or joint resolution shall be presented to the
3-10 presiding officers of both Houses for signature. They shall, after an
3-11 announcement of their intention to do so is made in open session,
3-12 sign the bill or joint resolution and their signatures shall be followed
3-13 by those of the Secretary of the Senate and Chief Clerk of the
3-14 Assembly.
3-15 Rule No. 5. Joint Sponsorship.
3-16 1. A bill or resolution introduced by a standing committee of
3-17 the Senate or Assembly may, at the direction of the chairman of the
3-18 committee, set forth the name of a standing committee of the other
3-19 House as a joint sponsor, if a majority of all members appointed to
3-20 the committee of the other House votes in favor of becoming a joint
3-21 sponsor of the bill or resolution. The name of the committee joint
3-22 sponsor must be set forth on the face of the bill or resolution
3-23 immediately below the date on which the bill or resolution is
3-24 introduced.
3-25 2. A bill or resolution introduced by one or more Legislators
3-26 elected to one House may, at the direction of the Legislator who
3-27 brings the bill or resolution forward for introduction, set forth the
3-28 names of one or more Legislators who are members elected to the
3-29 other House and who wish to be primary joint sponsors or non-
3-30 primary joint sponsors of the bill or resolution. The number of
3-31 primary joint sponsors must not exceed five per bill or resolution.
3-32 The names of each primary joint sponsor and non-primary joint
3-33 sponsor must be set forth on the face of the bill or resolution in the
3-34 following order immediately below the date on which the bill or
3-35 resolution is introduced:
3-36 (a) The name of each primary joint sponsor, in the order
3-37 indicated on the colored back of the introductory copy of the bill or
3-38 resolution; and
3-39 (b) The name of each non-primary joint sponsor, in alphabetical
3-40 order.
3-41 3. The Legislative Counsel shall not cause to be printed the
3-42 name of a standing committee as a joint sponsor on the face of a bill
3-43 or resolution unless the chairman of the committee has signed his
4-1 name next to the name of the committee on the colored back of the
4-2 introductory copy of the bill or resolution that was submitted to the
4-3 front desk of the House of origin or the statement required by
4-4 subsection 5. The Legislative Counsel shall not cause to be printed
4-5 the name of a Legislator as a primary joint sponsor or non-primary
4-6 joint sponsor on the face of a bill or resolution unless the Legislator
4-7 has signed the colored back of the introductory copy of the bill or
4-8 resolution that was submitted to the front desk of the House of
4-9 origin or the statement required by subsection 5.
4-10 4. Upon introduction, any bill or resolution that sets forth the
4-11 names of primary joint sponsors or non-primary joint sponsors, or
4-12 both, must be numbered in the same numerical sequence as other
4-13 bills and resolutions of the same House of origin are numbered.
4-14 5. Once a bill or resolution has been introduced, a primary joint
4-15 sponsor or non-primary joint sponsor may only be added or
4-16 removed by amendment of the bill or resolution. An amendment
4-17 which proposes to add or remove a primary joint sponsor or non-
4-18 primary joint sponsor must not be considered by the House of origin
4-19 of the amendment unless a statement requesting the addition or
4-20 removal is attached to the copy of the amendment submitted to the
4-21 front desk of the House of origin of the amendment. If the
4-22 amendment proposes to add or remove a Legislator as a primary
4-23 joint sponsor or non-primary joint sponsor, the statement must be
4-24 signed by that Legislator. If the amendment proposes to add or
4-25 remove a standing committee as a joint sponsor, the statement must
4-26 be signed by the chairman of the committee. A copy of the
4-27 statement must be transmitted to the Legislative Counsel if the
4-28 amendment is adopted.
4-29 6. An amendment that proposes to add or remove a primary
4-30 joint sponsor or non-primary joint sponsor may include additional
4-31 proposals to change the substantive provisions of the bill or
4-32 resolution or may be limited only to the proposal to add or remove a
4-33 primary joint sponsor or non-primary joint sponsor.
4-34 PRINTING
4-35 Rule No. 6. Ordering and Distribution.
4-36 Each House may order the printing of bills introduced, reports of
4-37 its own committees, and other matter pertaining to that House only;
4-38 but no other printing may be ordered except by a concurrent
4-39 resolution passed by both Houses. Each Senator is entitled to the
4-40 free distribution of four copies of each bill introduced in each
4-41 House, and each Assemblyman to such a distribution of two copies.
4-42 Additional copies of such bills may be distributed at a charge to the
4-43 person to whom they are addressed. The amount charged for
5-1 distribution of the additional copies must be determined by the
5-2 Director of the Legislative Counsel Bureau to approximate the cost
5-3 of handling and postage for the entire session.
5-4 RESOLUTIONS
5-5 Rule No. 7. Types, Usage and Approval.
5-6 1. A joint resolution must be used to:
5-7 (a) Propose an amendment to the Nevada Constitution.
5-8 (b) Ratify a proposed amendment to the United States
5-9 Constitution.
5-10 (c) Address the President of the United States, Congress, either
5-11 House or any committee or member of Congress, any department or
5-12 agency of the Federal Government, or any other state of the Union.
5-13 2. A concurrent resolution must be used to:
5-14 (a) Amend these Joint Rules.
5-15 (b) Request the return from the Governor of an enrolled bill for
5-16 further consideration.
5-17 (c) Resolve that the return of a bill from one House to the other
5-18 House is necessary and appropriate.
5-19 (d) Express facts, principles, opinion and purposes of the Senate
5-20 and Assembly.
5-21 (e) Establish a joint committee of the two Houses.
5-22 (f) Direct the Legislative Commission to conduct an interim
5-23 study.
5-24 3. A concurrent resolution or a resolution of one House may be
5-25 used to:
5-26 (a) Memorialize a former member of the Legislature or other
5-27 notable or distinguished person upon his death.
5-28 (b) Congratulate or commend any person or organization for a
5-29 significant and meritorious accomplishment, but any request for
5-30 drafting the resolution must be approved by the Senate Committee
5-31 on Legislative Affairs and Operations or the Assembly Committee
5-32 on Elections, Procedures, and Ethics before submission to the
5-33 Legislative Counsel.
5-34 VETOES
5-35 Rule No. 8. Special Order.
5-36 Bills which have passed a previous Legislature, and which are
5-37 transmitted to the Legislature next sitting, accompanied by a
5-38 message or statement of the Governor’s disapproval, or veto of the
5-39 same, shall become the subject of a special order; and when the
5-40 special order for their consideration is reached and called, the said
5-41 message or statement shall be read, together with the bill or bills so
6-1 disposed or vetoed; and the message and bill shall be read in the
6-2 Senate by the Secretary of the Senate and in the Assembly by the
6-3 Chief Clerk of the Assembly, without interruption, consecutively,
6-4 one following the other, and not upon separate occasions; and no
6-5 such bill or message shall be referred to any committee, or
6-6 otherwise acted upon, save as provided by law and custom; that is to
6-7 say, that immediately following such reading the only question
6-8 (except as hereinafter stated) which shall be put by the Chair is,
6-9 “Shall the bill pass, notwithstanding the objections of the
6-10 Governor?” It shall not be in order, at any time, to vote upon such
6-11 vetoed bill without the same shall have first been read, from the first
6-12 word of its title to and including the last word of its final section;
6-13 and no motion shall be entertained after the Chair has stated the
6-14 question save a motion for “The previous question,” but the merits
6-15 of the bill itself may be debated.
6-16 ADJOURNMENT
6-17 Rule No. 9. Limitations and Calculation of Duration.
6-18 1. In calculating the permissible duration of an adjournment for
6-19 3 days or less, the day of adjournment must not be counted but the
6-20 day of the next meeting must be counted, and Sunday must not be
6-21 counted.
6-22 2. The Legislature may adjourn for more than 3 days by motion
6-23 based on mutual consent of the Houses or by concurrent resolution.
6-24 One or more such adjournments, for a total of not more than 20 days
6-25 during any regular session, may be taken to permit standing
6-26 committees, select committees or the Legislative Counsel Bureau to
6-27 prepare the matters respectively entrusted to them for the
6-28 consideration of the Legislature as a whole.
6-29 EXPENDITURES FROM THE LEGISLATIVE FUND
6-30 Rule No. 10. Manner of Authorization.
6-31 Except for routine salary, travel, equipment and operating
6-32 expenses, no expenditures shall be made from the Legislative Fund
6-33 without the authority of a concurrent resolution regularly adopted by
6-34 the Senate and Assembly.
6-35 LEGISLATIVE COMMISSION
6-36 Rule No. 11. Membership and Organization.
6-37 1. When members of the minority party in the Senate or in the
6-38 Assembly comprise less than 34 percent of the total number elected
7-1 to that House, minority party membership for that House on the
7-2 Legislative Commission must be:
7-3 (a) One, if such membership is less than 21 percent.
7-4 (b) Two, if such membership is between 21 percent and 33
7-5 percent. If the members of the minority party in the Senate or in the
7-6 Assembly comprise more than 33 percent of the total number
7-7 elected to that House, minority party membership for that House on
7-8 the Commission must be three, being equal to the membership of
7-9 the majority party.
7-10 2. Each House shall select one or more alternate members for
7-11 each member from that House, designating them according to party
7-12 or according to the individual member whom the alternate would
7-13 replace.
7-14 3. A vacancy in the regular Senate or Assembly membership
7-15 created by death or by resignation or by the Legislator’s ceasing to
7-16 be a member of the Legislature shall be filled by the proper alternate
7-17 member as designated by that House. If there is no proper alternate
7-18 member, the Legislative Commission shall fill the vacancy by
7-19 appointing a Senator or Assemblyman of the same party.
7-20 4. If for any reason a member is or will be absent from a
7-21 meeting and there are no alternates available, the Chairman of the
7-22 Commission may appoint a member of the same House and political
7-23 party to attend the meeting as an alternate.
7-24 5. The members shall serve until their successors are appointed
7-25 by resolution as provided in NRS 218.660, notwithstanding that
7-26 their terms of office may have expired, except that the membership
7-27 of any member who does not become a candidate for reelection or
7-28 who is defeated for reelection shall terminate on the day next after
7-29 the election and the vacancy shall be filled as provided in this Rule.
7-30 6. The Chairman shall be selected at the first meeting of the
7-31 newly formed Legislative Commission and shall serve until his
7-32 successor is appointed following the formation of the next
7-33 Legislative Commission.
7-34 RECORDS OF COMMITTEE PROCEEDINGS
7-35 Rule No. 12. Duties of Secretary of Committee and Director.
7-36 1. Each standing committee of the Legislature shall cause a
7-37 record to be made of the proceedings of its meetings.
7-38 2. The secretary of a standing committee shall:
7-39 (a) Label each record with the date, time and place of the
7-40 meeting and also indicate on the label the numerical sequence in
7-41 which the record was made;
7-42 (b) Keep the records in chronological order; and
8-1 (c) Deposit the records immediately following the final
8-2 adjournment of any regular or special session of the Legislature with
8-3 the Director of the Legislative Counsel Bureau.
8-4 3. The Director of the Legislative Counsel Bureau shall:
8-5 (a) Index the records;
8-6 (b) Make the records available for accessing by any person
8-7 during office hours under such reasonable conditions as he may
8-8 deem necessary;
8-9 (c) Maintain a log as a public record containing the date, time,
8-10 name and address of any person accessing any of the records and
8-11 identifying the records accessed; and
8-12 (d) Retain the records for two bienniums and at the end of that
8-13 period keep some form or copy of the record in any manner he
8-14 deems reasonable to ensure access to the record in the foreseeable
8-15 future.
8-16 [REAPPORTIONMENT AND REDISTRICTING
8-17 Rule No. 13. Responsibility for Measures and Approval of
8-18 Research Requests.
8-19 1. The Committee on Government Affairs of the Senate and
8-20 the Committee on Elections, Procedures, and Ethics of the
8-21 Assembly are respectively responsible for measures which primarily
8-22 affect the designation of the districts from which members are
8-23 elected to the Legislature. These committees are hereby designated
8-24 as the “redistricting committees” for the purposes of this rule and
8-25 Joint Standing Rules Nos. 13.1, 13.2, 13.3, 13.4, 13.5 and 13.6.
8-26 2. Any request for research concerning the population of
8-27 proposed districts must be submitted to the Research Division of the
8-28 Legislative Counsel Bureau through one of these redistricting
8-29 committees.
8-30 Rule No. 13.1. Equality of Representation.
8-31 1. In order to meet constitutional guidelines for deviations in
8-32 population among state legislative districts, no plan, or proposed
8-33 amendment thereto, will be considered that results in an overall
8-34 range of deviation in excess of 10 percent, or a relative deviation in
8-35 excess of plus or minus 5 percent from the ideal district population.
8-36 2. The population of each of the Nevada congressional districts
8-37 must be as nearly equal as is practicable. Any population deviation
8-38 among the congressional districts from the ideal district population
8-39 must be necessary to achieve some legitimate state objective.
8-40 Legitimate state objectives, as judicially determined, include making
8-41 districts compact, respecting municipal boundaries, preserving the
8-42 cores of prior districts and avoiding contests between incumbent
8-43 representatives. In order to meet constitutional guidelines for
9-1 congressional districts, no plan, or proposed amendment thereto,
9-2 will be considered that results in an overall range of deviation in
9-3 excess of 1 percent, or a relative deviation in excess of plus or
9-4 minus one-half percent from the ideal district population.
9-5 3. Equality of population in accordance with the standard for
9-6 state legislative districts is the goal of redistricting for the State
9-7 Board of Education and the Board of Regents.
9-8 Rule No. 13.2. Population Database.
9-9 1. The total state population, and the population of defined
9-10 subunits thereof, as determined by the 2000 federal decennial census
9-11 must be the exclusive database for redistricting by the Nevada
9-12 Legislature.
9-13 2. Such 2000 census data as validated by the staff of the
9-14 Legislative Counsel Bureau must be the exclusive database used for
9-15 the evaluation of proposed redistricting plans for population
9-16 equality.
9-17 Rule No. 13.3. Districts.
9-18 All district boundaries created by a redistricting plan must follow
9-19 the census geography.
9-20 Rule No. 13.4. Procedures of the Redistricting Committees.
9-21 1. A legislator or member of the public may present to the
9-22 redistricting committees any plans or proposals relating to
9-23 redistricting, including proposals for redistricting specific districts
9-24 or all the state legislative districts, congressional districts, districts
9-25 for the Board of Regents or districts for the State Board of
9-26 Education for consideration by the redistricting committees.
9-27 2. Bill draft requests, including bills in skeletal form, setting
9-28 forth specific boundaries of the state legislative districts,
9-29 congressional districts, districts for the Board of Regents or districts
9-30 for the State Board of Education, and amendments affecting a
9-31 majority of the state legislative districts, may only be requested by
9-32 the chairmen of the redistricting committees.
9-33 3. The chairmen of the redistricting committees are limited to
9-34 one request each for a bill draft setting forth the specific boundaries
9-35 of the state legislative districts, one request each for a bill draft
9-36 setting forth the specific boundaries of the congressional districts,
9-37 one request each for a bill draft setting forth the specific boundaries
9-38 of the districts for the Board of Regents and one request each for a
9-39 bill draft setting forth the specific boundaries of the districts of the
9-40 State Board of Education. At the direction of the chairman of the
9-41 redistricting committee, the bill draft requests setting forth the
9-42 specific boundaries of the state legislative districts, the
9-43 congressional districts, districts for the Board of Regents and
9-44 districts for the State Board of Education may be combined in any
9-45 manner.
10-1 Rule No. 13.5. Compliance with the Voting Rights Act.
10-2 1. The redistricting committees will not consider a plan that
10-3 discernibly violates section 2 of the Voting Rights Act, codified as
10-4 42 U.S.C. § 1973(a), which prohibits any state from imposing any
10-5 voting qualification, standard, practice or procedure that results in
10-6 the denial or abridgment of any United States citizen’s right to vote
10-7 on account of race, color or status as a member of a language
10-8 minority group.
10-9 2. The redistricting committees will not consider a plan in
10-10 which the Legislature subordinates traditional districting principles
10-11 to racial considerations and makes race the dominant and controlling
10-12 rationale in drawing district lines. For the purposes of this
10-13 subsection, “traditional districting principles” are those traditional
10-14 redistricting principles that have been judicially recognized and
10-15 include compactness of districts, contiguity of districts, preservation
10-16 of political subdivisions, preservation of communities of interest,
10-17 preservation of cores of prior districts, protection of incumbents and
10-18 compliance with section 2 of the Voting Rights Act, 42 U.S.C. §
10-19 1973 (2).
10-20 3. For the purpose of analyzing the 2000 census data, the
10-21 redistricting committees shall adopt the method set forth in the
10-22 Office of Management and Budget (OMB) Bulletin No. 00-02 for
10-23 aggregating and allocating the 63 categories of race data that will be
10-24 reported to Nevada by the United States Census Bureau as part of
10-25 the federal decennial census.
10-26 Rule No. 13.6. Public Participation.
10-27 1. The redistricting committees shall seek and encourage:
10-28 (a) Public participation in all aspects of the reapportionment and
10-29 redistricting activities; and
10-30 (b) The widest range of public input into the deliberations
10-31 relating to those activities.
10-32 2. Notices of all meetings of the redistricting committees must
10-33 be transmitted to any member of the public who so requests, without
10-34 charge.
10-35 3. All interested persons are encouraged to appear before the
10-36 redistricting committees and to provide their input regarding the
10-37 reapportionment and redistricting activities. The redistricting
10-38 committees shall afford a reasonable opportunity to any interested
10-39 persons to present plans, or amendments to plans for redistricting,
10-40 unless such plans demonstrably fail to meet the minimally
10-41 acceptable criteria set forth in this rule and Joint Standing Rules
10-42 Nos. 13, 13.1, 13.2, 13.3, 13.4 and 13.5.
11-1 4. Each of the redistricting committees, either jointly or
11-2 separately, shall hold at least one hearing in the southern portion of
11-3 this state and at least one hearing in a rural portion of this state to
11-4 allow residents throughout the state an opportunity to participate in
11-5 the deliberations relating to the reapportionment and redistricting
11-6 activities.
11-7 5. The Legislative Counsel Bureau shall make available to the
11-8 public copies of the validated 2000 census database for the cost of
11-9 reproducing the database.
11-10 6. The redistricting committees shall make available for review
11-11 by the public, copies of all maps prepared at the direction of the
11-12 committees.]
11-13 LIMITATIONS ON INTRODUCTION AND REQUESTS
11-14 FOR DRAFTING OF LEGISLATIVE MEASURES
11-15 Rule No. 14. Limitations on Drafting and Requirements for
11-16 Introduction; Duplicative Measures; Indication of Requester on
11-17 Committee Introductions.
11-18 1. Except as otherwise provided in subsection 5 and Joint
11-19 Standing Rules Nos. 14.4, 14.5 and 14.6, after a regular legislative
11-20 session has convened, the Legislative Counsel shall honor, if
11-21 submitted before 5 p.m. on the 8th calendar day of the legislative
11-22 session, not more than:
11-23 (a) Two requests from each Assemblyman; and
11-24 (b) Four requests from each Senator,
11-25 for the drafting of a bill or resolution.
11-26 2. Except as otherwise provided in subsections 4 and 5 and
11-27 Joint Standing Rules Nos. 14.4, 14.5 and 14.6, after a regular
11-28 legislative session has convened, the Legislative Counsel shall
11-29 honor, if submitted before 5 p.m. on the 22nd calendar day of the
11-30 legislative session, not more than 50 requests, in total, from the
11-31 standing committees of each House for the drafting of a bill. The
11-32 Majority Leader of the Senate and the Speaker of the Assembly
11-33 shall, not later than the 1st calendar day of the legislative session,
11-34 determine and provide the Legislative Counsel with a written list of
11-35 the number of requests for the drafting of a bill that may be
11-36 submitted by each standing committee of their respective Houses,
11-37 within the limit provided by this subsection. The lists may be
11-38 revised any time before the 22nd day of the legislative session to
11-39 reallocate any unused requests or requests which were withdrawn
11-40 before drafting began on the request.
11-41 3. A request for the drafting of a bill or resolution that is
11-42 submitted by a standing committee pursuant to this section must be
11-43 approved by a majority of all of the members appointed to the
12-1 committee before the request is submitted to the Legislative
12-2 Counsel.
12-3 4. A standing committee may only request the drafting of a bill
12-4 or resolution or introduce a bill or resolution that is within the
12-5 jurisdiction of the standing committee.
12-6 5. The Legislative Counsel shall not honor a request for the
12-7 drafting of a bill or resolution submitted by a member or standing
12-8 committee of the Senate or Assembly unless such information as is
12-9 required to draft the measure is submitted to the Legislative Counsel
12-10 with the request.
12-11 6. A measure introduced by a standing committee at the
12-12 request of a Legislator or organization must indicate the Legislator
12-13 or organization at whose request the measure was drafted.
12-14 7. The following measures must be introduced by a standing
12-15 committee:
12-16 (a) Measures drafted at the request of agencies and officers of
12-17 the Executive Branch of State Government, local governments, the
12-18 courts and other authorized nonlegislative requesters.
12-19 (b) Measures requested by interim legislative studies.
12-20 (c) Bills requested by a standing committee, or by persons
12-21 designated to request measures on behalf of a standing committee
12-22 during the interim. Bills requested by or on behalf of a standing
12-23 committee must be introduced by that committee.
12-24 8. Resolutions requested by or on behalf of a standing
12-25 committee may be introduced by an individual member.
12-26 9. If two or more measures are being considered in the same
12-27 House which are substantively duplicative, only the measure which
12-28 has been assigned the lowest number for the purpose of establishing
12-29 its priority in drafting may be considered, unless the measure with
12-30 the lowest number is not introduced within 5 days after introduction
12-31 of a measure with a higher number.
12-32 10. A Legislator may not change the subject matter of a request
12-33 for a legislative measure after it has been submitted for drafting.
12-34 Rule No. 14.2. Limitations on Time for Introduction of
12-35 Legislation.
12-36 1. Except as otherwise provided in Joint Standing Rules Nos.
12-37 14.4, 14.5 and 14.6:
12-38 (a) Unless the provisions of paragraph (b) or (c) are applicable, a
12-39 bill may only be introduced on or before:
12-40 (1) The 10th calendar day following delivery of the
12-41 introductory copy of the bill; or
12-42 (2) The last day for introduction of the bill as required by
12-43 paragraph (d),
12-44 whichever is earlier.
13-1 (b) If a bill requires revision after the introductory copy has been
13-2 delivered, such information as is required to draft the revision must
13-3 be submitted to the Legislative Counsel before the 10th calendar day
13-4 following delivery of the introductory copy of the bill. The revised
13-5 bill may only be introduced on or before:
13-6 (1) The 15th calendar day following delivery of the original
13-7 introductory copy of the bill; or
13-8 (2) The last day for introduction of the bill as required by
13-9 paragraph (d),
13-10 whichever is earlier.
13-11 (c) If the bill requires a second or subsequent revision, such
13-12 information as is required to draft the revision must be submitted to
13-13 the Legislative Counsel before the 15th calendar day following
13-14 delivery of the original introductory copy of the bill. A bill revised
13-15 pursuant to this subsection may only be introduced on or before:
13-16 (1) The 20th calendar day following delivery of the original
13-17 introductory copy of the bill; or
13-18 (2) The last day for introduction of the bill as required by
13-19 paragraph (d),
13-20 whichever is earlier.
13-21 (d) Except as otherwise provided in subsection 3, the last day for
13-22 introduction of a bill that was requested by:
13-23 (1) A Legislator is the 43rd calendar day of the legislative
13-24 session.
13-25 (2) A standing or interim committee or other requester is the
13-26 50th calendar day of the legislative session.
13-27 2. The Legislative Counsel shall indicate on the face of the
13-28 introductory copy of each bill the final date on which the bill may be
13-29 introduced.
13-30 3. If the final date on which the bill may be introduced falls
13-31 upon a day on which the House in which the bill is to be introduced
13-32 is not in session, the bill may be introduced on the next day that the
13-33 House is in session.
13-34 SCHEDULE FOR ENACTMENT OF BILLS
13-35 Rule No. 14.3. Final Dates for Action by Standing
13-36 Committees and Houses; Final Date for Requesting Drafting of
13-37 Reports for Conference Committees.
13-38 Except as otherwise provided in Joint Standing Rules Nos. 14.4,
13-39 14.5 and 14.6:
13-40 1. The final standing committee to which a bill is referred in its
13-41 House of origin may only take action on the bill on or before the
13-42 [71st] 68th calendar day of the legislative session. A bill may be re-
13-43 referred after that date only to the Committee on Finance or the
14-1 Committee on Ways and Means and only if the bill is exempt
14-2 pursuant to subsection 1 of Joint Standing Rule No. 14.6.
14-3 2. Final action on a bill may only be taken by the House of
14-4 origin on or before the [82nd] 79th calendar day of the legislative
14-5 session.
14-6 3. The final standing committee to which a bill is referred in
14-7 the second House may only take action on the bill on or before the
14-8 [106th] 103rd calendar day of the legislative session. A bill may be
14-9 re-referred after that date only to the Committee on Finance or the
14-10 Committee on Ways and Means and only if the bill is exempt
14-11 pursuant to subsection 1 of Joint Standing Rule No. 14.6.
14-12 4. Final action on a bill may only be taken by the second House
14-13 on or before the [113th] 110th calendar day of the legislative
14-14 session.
14-15 No notice of reconsideration of any final vote on a bill is in order
14-16 on the last day on which final action is allowed.
14-17 Rule No. 14.4. Emergency Requests.
14-18 1. After a legislative session has convened:
14-19 (a) The Majority Leader of the Senate and the Speaker of the
14-20 Assembly may each submit to the Legislative Counsel, on his own
14-21 behalf or on the behalf of another Legislator or a standing
14-22 committee of the Senate or Assembly, not more than five requests
14-23 for the drafting of a bill or resolution.
14-24 (b) The Minority Leader of the Senate and the Minority Leader
14-25 of the Assembly may each submit to the Legislative Counsel, on his
14-26 own behalf or on the behalf of another Legislator or a standing
14-27 committee of the Senate or Assembly, not more than two requests
14-28 for the drafting of a bill or resolution.
14-29 2. A request submitted pursuant to subsection 1:
14-30 (a) May be submitted at any time during the legislative session
14-31 and is not subject to any of the provisions of subsections 1 and 2 of
14-32 Joint Standing Rule No. 14, subsection 1 of Joint Standing Rule No.
14-33 14.2 and Joint Standing Rule No. 14.3.
14-34 (b) Is in addition to, and not in lieu of, any other requests for the
14-35 drafting of a bill or resolution that are authorized to be submitted to
14-36 the Legislative Counsel by the Majority Leader of the Senate,
14-37 Speaker of the Assembly, Minority Leader of the Senate or Minority
14-38 Leader of the Assembly.
14-39 3. The list of requests for the preparation of legislative
14-40 measures prepared pursuant to NRS 218.2475 must include the
14-41 phrase “EMERGENCY REQUEST OF” and state the title of the
14-42 person who requested each bill or resolution pursuant to this Rule. If
14-43 the request was made on behalf of another Legislator or a standing
14-44 committee, the list must also include the name of the Legislator or
15-1 standing committee on whose behalf the bill or resolution was
15-2 requested.
15-3 4. The Legislative Counsel shall cause to be printed on the face
15-4 of the introductory copy of all reprints of each bill or resolution
15-5 requested pursuant to this Rule the phrase “EMERGENCY
15-6 REQUEST OF” and state the title of the person who requested the
15-7 bill or resolution.
15-8 Rule No. 14.5. Waivers.
15-9 1. At the request of a Legislator or a standing or select
15-10 committee of the Senate or Assembly , subsection 1 or 2 of Joint
15-11 Standing Rule No. 14, subsection 1 of Joint Standing Rule No. 14.2
15-12 or any of the provisions of Joint Standing Rule No. 14.3, or any
15-13 combination thereof, may be waived by the Majority Leader of the
15-14 Senate and the Speaker of the Assembly, acting jointly, at any time
15-15 during a legislative session. A request for a waiver submitted by a
15-16 committee must be approved by a majority of all members
15-17 appointed to the committee before the request is submitted to the
15-18 Majority Leader and the Speaker.
15-19 2. A waiver granted pursuant to subsection 1:
15-20 (a) Must be in writing, executed on a form provided by the
15-21 Legislative Counsel, and signed by the Majority Leader and the
15-22 Speaker.
15-23 (b) Must indicate the date on which the waiver is granted.
15-24 (c) Must indicate the Legislator or committee on whose behalf
15-25 the waiver is being granted.
15-26 (d) Must include the bill number for which the waiver is granted
15-27 or indicate that the Legislative Counsel is authorized to accept and
15-28 honor a request for a new bill or resolution.
15-29 (e) Must indicate the provisions to which the waiver applies.
15-30 (f) May include the conditions under which the bill for which
15-31 the waiver is being granted must be introduced and processed.
15-32 3. The Legislative Counsel shall not honor a request for the
15-33 drafting of a new bill or resolution for which a waiver is granted
15-34 pursuant to this Rule unless such information as is required to draft
15-35 the bill or resolution is submitted to the Legislative Counsel within
15-36 2 calendar days after the date on which the waiver is granted.
15-37 4. Upon the receipt of a written waiver granted pursuant to this
15-38 Rule, the Legislative Counsel shall transmit a copy of the waiver to
15-39 the Secretary of the Senate and the Chief Clerk of the Assembly.
15-40 The notice that a waiver has been granted for an existing bill must
15-41 be read on the floor and entered in the Journal, and a notation that
15-42 the waiver was granted must be included as a part of the history of
15-43 the bill on the next practicable legislative day. A notation that a
15-44 waiver was granted authorizing a new bill or resolution must be
16-1 included as a part of the history of the bill or resolution after
16-2 introduction.
16-3 5. The Legislative Counsel shall secure the original copy of the
16-4 waiver to the official cover of the bill or resolution.
16-5 6. No notice of reconsideration or any final vote on a bill is in
16-6 order on the last day on which final action is allowed by a waiver.
16-7 Rule No. 14.6. Exemptions.
16-8 1. Upon request of the draft by or referral to the Senate Finance
16-9 Committee or the Assembly Committee on Ways and Means, a bill
16-10 which:
16-11 (a) Contains an appropriation; or
16-12 (b) Has been determined by the Fiscal Analysis Division to:
16-13 (1) Authorize the expenditure by a state agency of sums not
16-14 appropriated from the State General Fund or the State Highway
16-15 Fund;
16-16 (2) Create or increase any significant fiscal liability of the
16-17 State;
16-18 (3) Implement a budget decision; or
16-19 (4) Significantly decrease any revenue of the State,
16-20 is exempt from the provisions of subsections 1 and 2 of Joint
16-21 Standing Rule No. 14, subsection 1 of Joint Standing Rule No. 14.2
16-22 and Joint Standing Rule No. 14.3. The Fiscal Analysis Division
16-23 shall give notice to the Legislative Counsel to cause to be printed on
16-24 the face of the bill the term “exempt” for any bills requested by the
16-25 Senate Finance Committee or Assembly Committee on Ways and
16-26 Means that have been determined to be exempt and shall give
16-27 written notice to the Legislative Counsel, Secretary of the Senate
16-28 and Chief Clerk of the Assembly of any bill which is determined to
16-29 be exempt after it is printed. A notation of each exemption granted
16-30 after the bill was printed must be included as a part of the history of
16-31 the bill on the next practicable legislative day. The term “exempt”
16-32 must be printed on the face of all subsequent reprints of the bill.
16-33 2. Unless exempt pursuant to paragraph (a) of subsection 1, all
16-34 of the provisions of Joint Standing Rules Nos. 14, 14.2 and 14.3
16-35 apply to a bill until it is determined to be exempt pursuant to
16-36 subsection 1. A bill determined to be exempt does not lose the
16-37 exemption regardless of subsequent actions taken by the Legislature.
16-38 3. A cumulative list of all bills determined by the Fiscal
16-39 Analysis Division pursuant to subsection 1 to be exempt after being
16-40 printed must be maintained and printed in the back of the list of
16-41 requests for the preparation of legislative measures prepared
16-42 pursuant to NRS 218.2475.
16-43 4. The provisions of subsections 1 and 2 of Joint Standing Rule
16-44 No. 14, subsection 1 of Joint Standing Rule No. 14.2 and Joint
16-45 Standing Rule No. 14.3 do not apply to:
17-1 (a) A bill required to carry out the business of the Legislature.
17-2 (b) A bill returned from enrollment for a technical correction.
17-3 (c) A bill that was previously enrolled but, upon request of the
17-4 Legislature, has been returned from the Governor for further
17-5 consideration.
17-6 Rule No. 14.7. Amendments.
17-7 1. The Legislative Counsel shall not honor a request for the
17-8 drafting of an amendment to a bill or resolution if the subject matter
17-9 of the amendment is independent of, and not specifically related and
17-10 properly connected to, the subject that is expressed in the title of the
17-11 bill or resolution.
17-12 2. For the purposes of this Rule, an amendment is independent
17-13 of, and not specifically related and properly connected to, the
17-14 subject that is expressed in the title of a bill or resolution if the
17-15 amendment relates only to the general, single subject that is
17-16 expressed in that title and not to the specific whole subject matter
17-17 embraced in the bill or resolution.
17-18 3. This Rule must be narrowly construed to carry out the
17-19 purposes for which it was adopted which is to ensure the
17-20 effectiveness of the limitations set forth in Joint Standing Rules
17-21 Nos. 14, 14.2 and 14.3.
17-22 CONTINUATION OF LEADERSHIP OF THE
17-23 SENATE AND ASSEMBLY DURING THE
17-24 INTERIM BETWEEN SESSIONS
17-25 Rule No. 15. Tenure and Performance of Statutory Duties.
17-26 1. Except as otherwise provided in subsections 2 and 3, the
17-27 tenure of the President pro Tem, Majority Leader and Minority
17-28 Leader of the Senate and the Speaker, Speaker pro Tem, Majority
17-29 Floor Leader and Minority Floor Leader of the Assembly extends
17-30 during the interim between regular sessions of the Legislature.
17-31 2. The Senators designated to be the President pro Tem,
17-32 Majority Leader and Minority Leader for the next succeeding
17-33 regular session shall perform any statutory duty required in the
17-34 period between the time of their designation after the general
17-35 election and the organization of the next succeeding regular session
17-36 of the Legislature if the Senator formerly holding the respective
17-37 position is no longer a Legislator.
17-38 3. The Assemblymen designated to be the Speaker, Speaker
17-39 pro Tem, Majority Floor Leader and Minority Floor Leader for the
17-40 next succeeding regular session shall perform any statutory duty
17-41 required in the period between the time of their designation after the
17-42 general election and the organization of the next succeeding regular
17-43 session.
18-1 INTRODUCTION OF LEGISLATION REQUESTED
18-2 BY STATE OR LOCAL GOVERNMENT
18-3 Rule No. 16. Delivery of Bill Drafts Requested by State
18-4 Agencies and Local Governments.
18-5 1. Except as otherwise provided in subsection 2, on [the first]
18-6 or before the third legislative day, the Legislative Counsel shall
18-7 randomly deliver, in equal amounts, all legislative measures drafted
18-8 at the request of any state agency or department or any local
18-9 government to the Majority Leader of the Senate and the Speaker of
18-10 the Assembly for consideration for introduction.
18-11 2. Any legislative measure properly requested in accordance
18-12 with NRS 218.241 and 218.245 by any state agency or department
18-13 or any local government which has not been drafted before the
18-14 [first] third legislative day must, upon completion, be immediately
18-15 and randomly delivered, in equal amounts, by the Legislative
18-16 Counsel to the Majority Leader of the Senate and the Speaker of the
18-17 Assembly for consideration for introduction.
18-18 DATE OF FIRST JOINT BUDGET HEARING
18-19 Rule No. 17. Requirement.
18-20 The first joint meeting of the Senate Standing Committee on
18-21 Finance and the Assembly Standing Committee on Ways and Means
18-22 to consider the budgets of the agencies of the State must be held on
18-23 or before the 89th calendar day of the regular session.
18-24 CRITERIA FOR REVIEWING BILLS THAT
18-25 REQUIRE POLICIES OF HEALTH INSURANCE
18-26 TO PROVIDE COVERAGE FOR CERTAIN
18-27 TREATMENT OR SERVICES
18-28 Rule No. 18. Topics of Consideration.
18-29 Any standing committee of the Senate or Assembly to which a
18-30 bill is referred requiring a policy of health insurance delivered or
18-31 issued for delivery in this state to provide coverage for any
18-32 treatment or service shall review the bill giving consideration to:
18-33 1. The level of public demand for the treatment or service for
18-34 which coverage is required and the extent to which such coverage is
18-35 needed in this state;
18-36 2. The extent to which coverage for the treatment or service is
18-37 currently available;
18-38 3. The extent to which the required coverage may increase or
18-39 decrease the cost of the treatment or service;
19-1 4. The effect the required coverage will have on the cost of
19-2 obtaining policies of health insurance in this state;
19-3 5. The effect the required coverage will have on the cost of
19-4 health care provided in this state; and
19-5 6. Such other considerations as are necessary to determine the
19-6 fiscal and social impact of requiring coverage for the treatment or
19-7 service.
19-8 INTERIM FINDINGS AND RECOMMENDATIONS
19-9 OF LEGISLATIVE COMMITTEES
19-10 Rule No. 19. Date for Reporting.
19-11 Each legislative committee that adopted any findings or
19-12 recommendations during the interim since the last regular session of
19-13 the Legislature shall, no later than the 14th calendar day of the
19-14 regular session, inform interested members of the Senate and
19-15 Assembly of those findings and recommendations.
19-16 POLICY AND PROCEDURES REGARDING
19-17 SEXUAL HARASSMENT
19-18 Rule No. 20. Maintenance of Working Environment;
19-19 Procedure for Filing, Investigating and Taking Remedial Action
19-20 on Complaints.
19-21 1. The Legislature hereby declares its intention to maintain a
19-22 working environment which is free from sexual harassment. This
19-23 policy applies to all Legislators and lobbyists. Each member and
19-24 lobbyist is responsible to conduct himself or herself in a manner
19-25 which will ensure that others are able to work in such an
19-26 environment.
19-27 2. In accordance with Title VII of the Civil Rights Act, for the
19-28 purposes of this Rule, “sexual harassment” means unwelcome
19-29 sexual advances, requests for sexual favors, and other verbal or
19-30 physical conduct of a sexual nature when:
19-31 (a) Submission to such conduct is made either explicitly or
19-32 implicitly a term or condition of a person’s employment;
19-33 (b) Submission to or rejection of such conduct by a person is
19-34 used as the basis for employment decisions affecting the person; or
19-35 (c) Such conduct has the purpose or effect of unreasonably
19-36 interfering with a person’s work performance or creating an
19-37 intimidating, hostile or offensive working environment.
19-38 3. Each person subject to these Rules must exercise his own
19-39 good judgment to avoid engaging in conduct that may be perceived
19-40 by others as sexual harassment. The following noninclusive list
20-1 provides illustrations of conduct that the Legislature deems to be
20-2 inappropriate:
20-3 (a) Verbal conduct such as epithets, derogatory comments, slurs
20-4 or unwanted sexual advances, invitations or comments;
20-5 (b) Visual conduct such as derogatory posters, photography,
20-6 cartoons, drawings or gestures;
20-7 (c) Physical conduct such as unwanted touching, blocking
20-8 normal movement or interfering with the work directed at a person
20-9 because of his sex;
20-10 (d) Threats and demands to submit to sexual requests to keep a
20-11 person’s job or avoid some other loss, and offers of employment
20-12 benefits in return for sexual favors; and
20-13 (e) Retaliation for opposing, reporting or threatening to report
20-14 sexual harassment, or for participating in an investigation,
20-15 proceeding or hearing conducted by the Legislature or the Nevada
20-16 Equal Rights Commission or the federal Equal Employment
20-17 Opportunity Commission,
20-18 when submission to such conduct is made either explicitly or
20-19 implicitly a term or condition of a person’s employment or
20-20 submission to or rejection of such conduct by a person is used as the
20-21 basis for employment decisions affecting the person or such conduct
20-22 has the purpose or effect of unreasonably interfering with a person’s
20-23 work performance or creating an intimidating, hostile or offensive
20-24 working environment.
20-25 4. A person may have a claim of sexual harassment even if he
20-26 has not lost a job or some other economic benefit. Conduct that
20-27 impairs a person’s ability to work or his emotional well-being at
20-28 work constitutes sexual harassment.
20-29 5. If a Legislator believes he is being sexually harassed on the
20-30 job, he may file a written complaint with:
20-31 (a) The Speaker of the Assembly;
20-32 (b) The Majority Leader of the Senate; or
20-33 (c) The Director of the Legislative Counsel Bureau, if the
20-34 complaint involves the conduct of the Speaker of the Assembly or
20-35 the Majority Leader of the Senate.
20-36 The complaint must include the details of the incident or incidents,
20-37 the names of the persons involved and the names of any witnesses.
20-38 6. Except as otherwise provided in subsection 7, the Speaker of
20-39 the Assembly or the Majority Leader of the Senate, as appropriate,
20-40 shall refer a complaint received pursuant to subsection 5 to a
20-41 committee consisting of Legislators of the same House. A complaint
20-42 against a lobbyist may be referred to a committee in either House.
20-43 7. If the complaint involves the conduct of the Speaker of the
20-44 Assembly or the Majority Leader of the Senate, the Director of the
20-45 Legislative Counsel Bureau shall refer the complaint to the
21-1 Committee on Elections, Procedures, and Ethics of the Assembly or
21-2 the Committee on Legislative Affairs and Operations of the Senate,
21-3 as appropriate. If the Speaker of the Assembly or the Majority
21-4 Leader of the Senate is a member of one of these committees, the
21-5 Speaker or the Majority Leader, as the case may be, shall not
21-6 participate in the investigation and resolution of the complaint.
21-7 8. The committee to which the complaint is referred shall
21-8 immediately conduct a confidential and discreet investigation of the
21-9 complaint. As a part of the investigation, the committee shall notify
21-10 the accused of the allegations. The committee shall facilitate a
21-11 meeting between the complainant and the accused to allow a
21-12 discussion of the matter, if both agree. If the parties do not agree to
21-13 such a meeting, the committee shall request statements regarding the
21-14 complaint from each of the parties. Either party may request a
21-15 hearing before the committee. The committee shall make its
21-16 determination and inform the complainant and the accused of its
21-17 determination as soon as practicable after it has completed its
21-18 investigation.
21-19 9. If the investigation reveals that sexual harassment has
21-20 occurred, the Legislature will take appropriate disciplinary or
21-21 remedial action, or both. The committee shall inform the
21-22 complainant of any action taken. The Legislature will also take any
21-23 action necessary to deter any future harassment.
21-24 10. The Legislature will not retaliate against a person who files
21-25 a complaint and will not knowingly permit any retaliation by the
21-26 person’s supervisors or coworkers.
21-27 11. The Legislature encourages a person to report any incident
21-28 of sexual harassment immediately so that the complaint can be
21-29 quickly and fairly resolved.
21-30 12. Action taken by a complainant pursuant to this Rule does
21-31 not prohibit the complainant from also filing a complaint of sexual
21-32 harassment with the Nevada Equal Rights Commission or the
21-33 federal Equal Employment Opportunity Commission.
21-34 13. All Legislators and lobbyists are responsible for adhering
21-35 to the provisions of this policy. The prohibitions against engaging in
21-36 sexual harassment and the protections against becoming a victim of
21-37 sexual harassment set forth in this policy apply to employees,
21-38 Legislators, lobbyists, vendors, contractors, customers and visitors
21-39 to the Legislature.
21-40 14. This policy does not create any enforceable legal rights in
21-41 any person.
22-1 VOTE ON GENERAL APPROPRIATION BILL
22-2 Rule No. 21. Waiting Period Between Introduction and Final
22-3 Passage.
22-4 A period of at least 24 hours must elapse between the
22-5 introduction of the general appropriation bill and a vote on its final
22-6 passage by its House of origin.
22-7 USE OF LOCK BOXES BY STATE AGENCIES
22-8 Rule No. 22. Duties of Senate Standing Committee on
22-9 Finance and Assembly Standing Committee on Ways and
22-10 Means.
22-11 To expedite the deposit of state revenue, the Senate Standing
22-12 Committee on Finance and the Assembly Standing Committee on
22-13 Ways and Means shall, when reviewing the proposed budget of a
22-14 state agency which collects state revenue, require if practicable, the
22-15 agency to deposit revenue that it has received within 24 hours after
22-16 receipt. The committees shall allow such agencies to deposit the
22-17 revenue directly or contract with a service to deposit the revenue
22-18 within the specified period.
22-19 H