[Rev. 3/13/2024 9:52:07 AM]
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ê2023Statutes of Nevada, Page 3717ê
Assembly Resolution No.2–Committee on Legislative Operations and Elections
FILE NUMBER 6
Assembly RESOLUTION—Providing for the appointment of theAssembly attaches.
Resolved by the Assembly of the State ofNevada, That the following persons are elected as attaches of theAssembly for the 82nd Session of the Legislature of the State of Nevada: DianeAbbott, Carol Aiello-Sala, Cindy Benjamin, Meghan Burke, Jason Hataway, SusanHoffman, Julieanna McManus, Mary Matheus, Ronald Corda, Robert Guernsey, VickieKieffer, Nicole Madden, Kelley Perkins, Joseph Pollock, Lisa Tolda, MichaelWright, Sylvia Dominguez-Curry, Barbara Eiche, Jasmine Shackley, Jan Wolfley,Saramei Kalaoram, Merleyn Bell, David Ziegler, Ryan Leonard, Nathaniel Helton,Sandy Dombrowski, Kevin Magee, Daniel Honchariw, Sarah Franklin, Laura Austin,Julie Axelson, Connie Barlow, Kathy Biagi, Judith Bishop, Anne Bowen, TylerBoyce, Travis Brewer LaChapelle, Brian Burke, Kevin Castellanos, Caleb Chavez,Nick Christie, Joseline Cuevas, Nancy Davis, Tracy Davis, Natalie Dean, AnaDelgadillo, Patricia Demsky, Traci Dory, Erinn Durmick, Adrienne Feemster Cobb,Jeffrey Ferguson, Sandro Figueroa, Linda Fitzgerald, Spencer Flanders, SarahFlocchini, Akyra Ford, Anna Freeman, Dawson Frost, Joi Guthrie, Gina Hall,Justin Hopson, Theresa Horgan, Kristi Howard, Lindsey Howell, CynthiaIhejirika, Shuruk Ismail, Natalia Jordan, Devon Kajatt, Norma Kea, Breon King,Garrett Kingen, Aaron Klatt, Mark Krmpotic, Leya Ladzinski, Cyndi Latour, JanetLazarus, Elizabeth Lepe, Roberto Lusanta Jr., Kirsten Mashinter, Lori McCleary,Cullen McGinnis, Sara Menke, Chris Molnar, Susan Moore, Carmen Neveau, MariaNieto Orta, William O’Driscoll, Janet Osalvo, Kelly Osborne, Cindy Paiva, DeborahPaul, Marcy Peterson, Andrew Presser, Shiloh Reading, Henry Rosas Ibarra, KarenRutledge, Peter Saba, Elizabeth Saenz, Julia Salas, Christina Salerno, EthanSalerno, Marshawna Sanford, Connor Schmitz, Funmi Sheddy, Dylan Small, NixieSosa Morales, Jean Spell, Shreya Sreedharan, Geigy Stringer, Victoria Supple,Garrett Tamagni, Ashley Torres, Bet Nimra Torres Perez, Betty Jo Vonderheide,Jeffrey Welte, Karyn Werner, Sylvia Wiese, Cheryl Williams, Spencer Wines,Janice Wright, Caren Royce Yap and Alyssa Zucco; and be it further
Resolved, That this resolutionbecomes effective upon adoption.
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ê2023Statutes of Nevada, Page 3718ê
Assembly Resolution No.3–Committee on Legislative Operations and Elections
FILE NUMBER 7
Assembly RESOLUTION—Providing allowances to the leadership andother members of the Assembly for periodicals, stamps, stationery andcommunications.
Resolved by the Assembly of the State ofNevada, That the sum to be allowed, as provided by law, for eachmember of the Assembly for periodicals, stamps and stationery is $60 and forthe use of telephones is $2,800, and the sum to be allowed, as provided by law,for the Speaker and Speaker Pro Tempore, Majority Floor Leader, Minority FloorLeader and chair of each standing committee of the Assembly for postage,telephone tolls and other communication charges is $900; and be it further
Resolved, That these amounts becertified by the Speaker and Chief Clerk to the State Controller, who isauthorized to draw warrants therefor on the Legislative Fund, and the StateTreasurer is thereafter authorized to pay these warrants; and be it further
Resolved, That this resolutionbecomes effective upon adoption.
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Assembly ConcurrentResolution No. 2–Committee on Legislative Operations and Elections
FILE NUMBER 8
AssemblyConcurrent RESOLUTION—Authorizingadditional reimbursem*nt for travel in certain circ*mstances.
Resolved by the Assembly of the State ofNevada, the Senate Concurring, That to offset the increased costof flights, a legislator may apply for reimbursem*nt for travel of 50 miles ormore between the legislator’s home and Carson City, Nevada, to serve during the82nd (2023) Session of the Nevada Legislature by submitting a claim for thereimbursem*nt of any amount the legislator is required to pay for such travelwhich exceeds the amount authorized to be provided pursuant to NRS 218A.645, upto a maximum amount of $10,000 per legislator; and be it further
Resolved, That the amount of anysuch claim that is approved be verified, processed and paid in the same manneras claims pursuant to NRS 218A.645; and be it further
Resolved, That this resolutionbecomes effective upon adoption.
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ê2023Statutes of Nevada, Page 3719ê
Assembly Resolution No.4–Committee on Legislative Operations and Elections
FILE NUMBER 9
Assembly RESOLUTION—Providing for the appointment ofadditional attaches for the Assembly.
Resolved by the Assembly of the State ofNevada, That Kimberly Pond and Sharon Carter are elected asadditional attaches of the Assembly for the 82nd Session of the NevadaLegislature; and be it further
Resolved, That this resolutionbecomes effective upon adoption.
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Assembly Joint Resolution No. 10 of the81st Session–Assemblymen Watts, C.H. Miller, Frierson, Brittney Miller,Monroe-Moreno; Summers-Armstrong and Thomas
Joint Sponsors:Senators D. Harris, Neal and Spearman
FILE NUMBER 10
Assembly Joint RESOLUTION—Proposing to amend the Ordinance of theNevada Constitution and the Nevada Constitution to remove language authorizingthe use of slavery and involuntary servitude as a criminal punishment.
Legislative Counsel’s Digest:
Under the Ordinance of the Nevada Constitution and theNevada Constitution, slavery and involuntary servitude are prohibited except aspunishment for a crime. (Ordinance of the Nevada Constitution; Nev. Const. Art.1, § 17) This resolution proposes to amend the Ordinance of the NevadaConstitution and the Nevada Constitution to remove language authorizing the useof slavery and involuntary servitude as a criminal punishment. If thisresolution is passed by the 2021 Legislature, it must also be passed by thenext Legislature and then approved and ratified by voters in an election beforethe proposed amendments become effective.
EXPLANATION – Matter in bolded italics is new; matter betweenbrackets [omitted material] is material to beomitted.
Resolved by the Assembly and Senate of theState of Nevada, Jointly, That the Ordinance of the NevadaConstitution be amended to read as follows:
In obedience to therequirements of an act of the Congress of the United States, approved Marchtwenty-first, A.D. eighteen hundred and sixty-four, to enable the people ofNevada to form a constitution and state government, this convention, electedand convened in obedience to said enabling act, do ordain as follows, and thisordinance shall be irrevocable, without the consent of the United States andthe people of the State of Nevada:
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ê2023Statutes of Nevada, Page 3720 (FILE NUMBER 10, AJR10 of the 81st Session)ê
First.That there shall be in this state neither slavery nor involuntary servitude . [, otherwise than in the punishment for crimes, whereof theparty shall have been duly convicted.]
Second.That perfect toleration of religious sentiment shall be secured, and noinhabitant of said state shall ever be molested, in person or property, onaccount of his or her mode of religious worship.
Third.That the people inhabiting said territory do agree and declare, that theyforever disclaim all right and title to the unappropriated public lands lyingwithin said territory, and that the same shall be and remain at the sole andentire disposition of the United States; and that lands belonging to citizensof the United States, residing without the said state, shall never be taxedhigher than the land belonging to the residents thereof; and that no taxesshall be imposed by said state on lands or property therein belonging to, orwhich may hereafter be purchased by, the United States, unless otherwiseprovided by the congress of the United States.
And beit further
Resolved, ThatSection 17 of Article 1 of the Nevada Constitution be amended to read asfollows:
Sec. 17. NeitherSlavery nor involuntary servitude [unless for the punishment of crimes] shall ever be tolerated in this State.
And beit further
Resolved, Thatthis resolution becomes effective upon passage.
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Assembly Resolution No.5–Committee on Legislative Operations and Elections
FILE NUMBER 11
Assembly RESOLUTION—Providing for the appointment of anadditional attache for the Assembly.
Resolved by the Assembly of the State ofNevada, That Claudette Thompson is elected as an additionalattache of the Assembly for the 82nd Session of the Nevada Legislature; and beit further
Resolved, That this resolutionbecomes effective upon adoption.
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ê2023Statutes of Nevada, Page 3721ê
Assembly Resolution No.6–Committee on Legislative Operations and Elections
FILE NUMBER 12
Assembly RESOLUTION—Providing for the appointment of anadditional attache for the Assembly.
Resolved by the Assembly of the State ofNevada, That Matthew Fonken is elected as an additional attache ofthe Assembly for the 82nd Session of the Nevada Legislature; and be it further
Resolved, That this resolutionbecomes effective upon adoption.
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Senate Concurrent Resolution No.2–Senators Lange, Cannizzaro, Spearman, Dondero Loop; Daly, Donate, Flores, D.Harris, Neal, Nguyen, Ohrenschall, Pazina and Scheible
Joint Sponsor:Assemblyman Nguyen
FILE NUMBER 13
SenateConcurrent RESOLUTION—Declaring April2023 as Financial Literacy Month.
Whereas, The Legislature passedSenate Bill No. 314 (2019), which helps make financial literacy in theclassroom a reality for Nevada’s school-age children; and
Whereas, The Nevada Department ofEducation acknowledges that young people need to be equipped with the skillsand knowledge that allow them to be savvy consumers and competent managers oftheir own finances; and
Whereas, A lack of financialcapability has real consequences for individuals, including lower savingsrates, poor credit and less wealth overall; and
Whereas, The Organization forEconomic Co-operation and Development conducted a survey in 2018 of individualswho are 15 years of age in the United States and found that 18 percent ofrespondents did not learn fundamental financial skills that are often appliedin everyday situations, such as building a simple budget, comparison shoppingand understanding an invoice; and
Whereas, According to anOrganization for Economic Co-operation and Development study, in 2018, morethan one in six students in the United States did not reach the baseline levelof proficiency in financial literacy; and
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ê2023Statutes of Nevada, Page 3722 (FILE NUMBER 13, SCR2)ê
Whereas, In 2018, an EVERFI surveyof over 100,000 incoming college students found that 92 percent of studentsfelt “they needed more education, information and/or support to be able to payoff their college loan”; and
Whereas, According to a surveyconducted by Experian in 2019, 49 percent of Generation Z consumers surveyedsaid that they found financial topics to be somewhat interesting orinteresting, and 11 percent even said they loved learning about such topics;and
Whereas, The InternationalReview of Economics Education published a paper in 2014 titled “Thefeatures and effectiveness of the Keys to Financial Success curriculum,”which found that one-semester financial literacy programs taught by trainedteachers were found to increase high school students’ financial knowledge by 61percent and were most effective in improving knowledge in the areas that thestudents were most deficient; and
Whereas, A study from MontanaState University found that high school financial education leads to betterfinancial aid decisions once students reach college, increases subsidizedborrowing at advantageous federal rates and decreases use of more costly formsof borrowing, including credit cards and private loans; and
Whereas, Financial literacy ratesdirectly affect the financial health of individuals, families, communities andthe country; and
Whereas, Resolutions similar tothis resolution have been introduced and passed with strong bipartisan supportto increase awareness of the need for financial literacy for Nevada citizens;now, therefore, be it
Resolved by the Senate of the State of Nevada,the Assembly Concurring, That the Nevada Legislature hereby recognizesand declares the month of April 2023 as Financial Literacy Month, in order toraise public awareness about the need for increased financial capability; andbe it further
Resolved, That the Secretary ofthe Senate prepare and transmit a copy of this resolution to the Nevada CreditUnion League, the Governor of the State of Nevada, the Superintendent of PublicInstruction, the Chairs of the Senate Finance and Ways and Means Committees,the Legislative Commission and the Director of the Nevada Legislative CounselBureau; and be it further
Resolved, That this resolutionbecomes effective upon adoption.
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ê2023Statutes of Nevada, Page 3723ê
Senate Concurrent Resolution No.3–Senators Nguyen; Buck, Cannizzaro, Daly, Donate, Dondero Loop, Flores,Goicoechea, Hammond, Hansen, D. Harris, Krasner, Lange, Neal, Ohrenschall,Pazina, Scheible, Seevers Gansert, Spearman, Stone and Titus
Joint Sponsors: Assemblymen Yeager;Anderson, Backus, Bilbray-Axelrod, Brown-May, Carter, Cohen, Considine, DeLong,Dickman, D’Silva, Duran, Gallant, González, Gorelow, Gray, Gurr, Hafen, Hansen,Hardy, Hibbetts, Jauregui, Kasama, Koenig, La Rue Hatch, Marzola, McArthur,Brittney Miller, C.H. Miller, Monroe-Moreno, Mosca, Newby, Nguyen, O’Neill,Orentlicher, Peters, Summers-Armstrong, Taylor, Thomas, Torres, Watts and Yurek
FILE NUMBER 14
SENATEConcurrent RESOLUTION—Memorializingesteemed attorney and lobbyist Ben Graham.
Whereas, Ben Graham was born in1942 in Corvallis, Oregon and thrived growing up on his family’s farm andplaying the piano; and
Whereas, Aftera brief sojourn in Washington, D.C. for college and work, Ben returned toOregon to pursue his true passion in legal studies, graduating with a doctorateof jurisprudence cum laude from Willamette University College of Law; and
Whereas, Ben practiced law for 8years in Oregon and also served as the president of the Board of MentallyHandicapped Adults, before moving to Las Vegas in 1977 to become a prosecutorfor the Clark County District Attorney’s Office; and
Whereas, Bencontinued on to serve as a Chief Deputy District Attorney in the CriminalDivision and also played an influential role in the evolution of Nevada’scurrent criminal law as the lobbyist for the Nevada District Attorneys Association;and
Whereas, Ben worked tirelessly forover 30 years to improve the judicial system in this State, including teachingcriminal justice courses for 29 years at the University of Nevada, Las Vegas,and the College of Southern Nevada; and
Whereas, After retirement from hisillustrious career with Clark County, Ben continued his contributions to thelegal community as an attorney for the Nevada Supreme Court for 14 years, bywhich time he had perfected his famous chocolate chip cookies that he and Elana,his loving wife of 43 years, often baked to give as gifts to their friends andloved ones in the community, including the Nevada Legislature; and
Whereas, Although Ben’sprofessional career included many accomplishments, one of his proudest achievementswas co-founding the Lawyers Concerned for Lawyers program of the State Bar ofNevada, which assists lawyers with addiction issues; and
Whereas, On a personal level, Benis remembered by his wife, his children and their spouses, his niece andnephew, as well as his grandchildren, as a man of strong faith and a constantsource of support and unconditional love; and
Whereas, Although Ben faced manychallenges and difficulties during his lifetime, including the tragic passingof his daughter Caroline in 2012, he used the hardships he endured as inspiration for alife of service, which ultimately left an enduring impact on Nevadans from allwalks of life; now, therefore, be it
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ê2023Statutes of Nevada, Page 3724 (FILE NUMBER 14, SCR3)ê
used thehardships he endured as inspiration for a life of service, which ultimatelyleft an enduring impact on Nevadans from all walks of life; now, therefore, beit
Resolved by the Senate of the State of Nevada,the Assembly Concurring, That Ben Graham’s legacy and immeasurablecontributions to the legal community of this State be commended and rememberedas having forever changed the course of life for generations of Nevadans; andbe it further
Resolved, That Ben Graham’s life,both professionally and personally, serve as the true embodiment of what itmeans to live a life of service in this State; and be it further
Resolved, That the Secretary ofthe Senate prepare and transmit a copy of this resolution to the family of BenGraham; and be it further
Resolved, That this resolutionbecomes effective upon adoption.
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Assembly Resolution No.7–Assemblymen Yeager, Jauregui and O’Neill
FILE NUMBER 15
Assembly RESOLUTION—Adding former Assemblyman Peter “Pete”Livermore to the Assembly Wall of Distinction.
Whereas, The Assembly of the Legislature of the State of Nevadahas established a Wall of Distinction for those past members of the Assemblyselected by leadership who served with great distinction and who made exemplarycontributions to the State of Nevada; and
Whereas, Peter “Pete” Livermore spent his career in publicservice tending to his community, improving the quality of life for generationsof Nevadans through his work championing youth sports, safeguarding the CarsonRiver watershed and fostering investments in the health and well-being of hisconstituents; and
Whereas, Pete’s dedication to Nevada began after meeting hisfuture wife, Laurie Bird, on a visit to Carson City while serving in the UnitedStates Marine Corps; and
Whereas, After moving to the Silver State and working as a mailcarrier in Carson City, Pete embraced entrepreneurship, eventually owning threeA&W Restaurants that became popular with local residents and StateLegislators; and
Whereas, After several years in the private sector, Pete choseto devote his life to public service, sitting on numerous boards andcommissions affecting public health, land use planning and quality of life forseniors, in addition to serving 2 years as Mayor Pro Tempore of Carson City;and
Whereas, Pete’s sense of duty extended to coaching youth sportsand serving as the president of the Carson City Youth Sports Association for 25years; and
Whereas, During his 12-year tenure on the Carson City Board ofSupervisors, one of Pete’s proudest achievements was developing the EdmondsSports Complex, a hub for youth sports which has since been renamed in hishonor; and
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ê2023Statutes of Nevada, Page 3725 (FILE NUMBER 15, AR7)ê
Whereas, In 2010, Pete’s passion for serving his community wasput to work at the state level after winning election to the Nevada Assembly,where he advocated on behalf of the constituents of District No. 40 for tworegular sessions; and
Whereas, While in the Assembly, Pete led the charge to preservethe 150-year-old Nevada State Prison, advancing signature legislation thataffirmed its historical significance and paved the way not only for itsrevitalization as a state museum but also for its inclusion on the NationalRegister of Historic Places; and
Whereas, Pete served in the Assembly with honor and distinctionuntil his passing on October 20, 2014, and is remembered for placing the needsof his constituents and the people of Nevada first; and
Whereas, Pete was posthumously honored by the Carson WaterSubconservancy District for his exemplary work protecting the Carson Riverwatershed, including his furtherance of the Carson City Quality of LifeInitiative, which expanded protection of the watershed and public access tooutdoor recreation; and
Whereas, In addition to the measureless dedication he paid tohis family, Pete is distinguished for having lived a life of meaningfulservice, for drawing upon his intelligence, wit and generosity to strengthenhis community and better the State of Nevada;now, therefore, be it
Resolved by the Assembly of the State ofNevada, That Peter “Pete”Livermore is hereby added to the Assembly Wall of Distinction; and be it further
Resolved, That the Chief Clerk of the Assembly prepare andtransmit a copy of this resolution to Pete’s beloved wife, Laurie, and theirchildren, Richard, Sheri and Jackie; andbe it further
Resolved, That this resolutionbecomes effective upon adoption.
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Assembly Resolution No.8–Assemblymen Yeager, Jauregui and O’Neill
FILE NUMBER 16
Assembly RESOLUTION—Adding former Assemblywoman Barbara E.Buckley to the Assembly Wall of Distinction.
Whereas, The Assembly of theLegislature of the State of Nevada has established a Wall of Distinction forthose past members of the Assembly selected by leadership who served with greatdistinction and who made exemplary contributions to the State of Nevada; and
Whereas, Barbara E. Buckley hasdevoted her career to uplifting Nevada’s most vulnerable populations, applyingher intelligence, fortitude and passion for advocacy while serving this Stateand becoming the first female speaker of the Assembly; and
Whereas, Barbara’s drive tocorrect injustice is channeled in her legal work, which began after shediscovered her passion for law in the early 1980s while working as a legalsecretary in Las Vegas; and
Whereas, As a first-generationcollege student, Barbara graduated from the University of Nevada, Las Vegas,and developed her legal expertise at the University of Arizona Law School, earning herJuris Doctorate summa cum laude as well as receiving an award for outstandingfemale law graduate of 1989; and
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ê2023Statutes of Nevada, Page 3726 (FILE NUMBER 16, AR8)ê
theUniversity of Arizona Law School, earning her Juris Doctorate summa cum laudeas well as receiving an award for outstanding female law graduate of 1989; and
Whereas, Barbara’s commitment topublic service and pursuing justice blossomed while in law school, where shefounded the Public Interest Law Organization and, after graduating, theDomestic Violence and Children’s Attorneys Project, the first legal program tospecifically assist victims of domestic violence and abuse in Clark County; and
Whereas, Barbara’s legal careeradvanced in 1996 when she was named Executive Director of Clark County LegalServices, now the Legal Aid Center of Southern Nevada, a nonprofit organizationdedicated to providing access to justice for low-income children and adults inClark County; and
Whereas, Barbara’s call to servicebrought her to the Nevada Legislature in 1994, where she served herconstituents in the Nevada Assembly for 8 regular sessions and 10 specialsessions while shaping legislation that promoted child welfare and expandedaccess to affordable housing for low-income seniors; and
Whereas, During her legislativetenure, Barbara advanced women’s participation in Nevada politics, makinghistory by becoming the first woman to serve as Majority Floor Leader, from2001 to 2007, and the first woman to serve as Speaker, from 2007 to 2010; and
Whereas, Under Barbara’sleadership, the Assembly passed legislation strengthening consumer protectionsand promoting economic growth, including payday loan protections and creatingthe Office for Consumer Health Assistance and the Nevada Foreclosure MediationProgram; and
Whereas, Through her historicleadership in the Assembly and prolonged investment in the legal community ofthis State, Barbara will be remembered for improving the lives of countlessNevadans, particularly those most in need of advocacy; now, therefore, be it
Resolved by the Assembly of the State ofNevada, That for her 16 years of service in the Assembly and forher steadfast dedication to the State of Nevada, Barbara E. Buckley is herebyadded to the Assembly Wall of Distinction; and be it further
Resolved, That the Chief Clerk ofthe Assembly prepare and transmit a copy of this resolution to formerAssemblywoman Barbara E. Buckley; and be it further
Resolved, That this resolutionbecomes effective upon adoption.
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ê2023Statutes of Nevada, Page 3727ê
Senate Resolution No. 4–Senators Cannizzaro, Seevers Gansert; Buck,Daly, Donate, Dondero Loop, Flores, Goicoechea, Hammond, Hansen, D. Harris,Krasner, Lange, Neal, Nguyen, Ohrenschall, Pazina, Scheible, Spearman, Stoneand Titus
FILE NUMBER 17
Senate RESOLUTION—Inducting Richard Bryan into the SenateHall of Fame.
Whereas, The Senate of theLegislature of the State of Nevada has established a Senate Hall of Fame whosemembers are selected by leadership from those past Senators who have servedwith distinction and who have made exemplary contributions to the State ofNevada; and
Whereas, Richard Hudson Bryan wasborn in Washington, D.C. but moved at a very young age with his family to LasVegas, where he graduated from Las Vegas High School; and
Whereas, Richard received hisbachelor of arts degree from the University of Nevada, Reno, and his bachelorof laws degree from the University of California, Hastings College of the Law;and
Whereas, Richard served as aSecond Lieutenant in the United States Army, and became a Captain in the ArmyReserve, where he served in the Judge Advocate General Corps; and
Whereas, In 1966, Richard wasappointed to the position of Clark County Public Defender, the youngest PublicDefender in the nation at the time; and
Whereas, In 1968, Richard waselected to the Nevada Assembly and in 1972, he was elected to the NevadaSenate, serving 4 years in the Assembly and 6 years in the Senate; and
Whereas, During his 10 years as aLegislator, Richard served as the Chair of the Senate Education and SenateTaxation Committees, and helped pass the Corporate Gaming Act, which expandedthe gaming industry in this State; and
Whereas, After completing hislegislative service in 1978, Richard was elected Nevada Attorney General, wherehe worked to remove organized crime from Nevada’s gaming industry; and
Whereas, In 1982, Richard waselected as the 25th Governor of Nevada, where he prioritized diversifyingNevada’s economy and attracting new businesses to the State, and served asPresident of the Council of State Governments; and
Whereas, Richard was elected as aUnited States Senator where he served until 2001, and during his tenure hepassed the Southern Nevada Public Lands Management Act and lead the fightagainst the Yucca Mountain nuclear waste dump; and
Whereas, Richard will beremembered for his resounding integrity, support of Nevada’s gaming industry,and longstanding friendship with former Senator Harry Reid; now, therefore, beit
Resolved by the Senate of the State of Nevada, That,for his many years of devoted service to the State of Nevada as a member ofboth the Nevada Senate and Assembly, as the Nevada Attorney General, the Governor of Nevada, and as amember of the United States Senate, Richard Hudson Bryan is hereby inductedinto the Senate Hall of Fame of the Legislature of the State of Nevada; and beit further
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ê2023Statutes of Nevada, Page 3728 (FILE NUMBER 17, SR4)ê
Governorof Nevada, and as a member of the United States Senate, Richard Hudson Bryan ishereby inducted into the Senate Hall of Fame of the Legislature of the State ofNevada; and be it further
Resolved, That this resolutionbecomes effective upon adoption.
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Senate Resolution No. 5–SenatorsCannizzaro, Seevers Gansert; Buck, Daly, Donate, Dondero Loop, Flores,Goicoechea, Hammond, Hansen, D. Harris, Krasner, Lange, Neal, Nguyen,Ohrenschall, Pazina, Scheible, Spearman, Stone and Titus
FILE NUMBER 18
Senate RESOLUTION—Inducting Joseph Paul Hardy into theSenate Hall of Fame.
Whereas, The Senate of theLegislature of the State of Nevada has established a Senate Hall of Fame whosemembers are selected by leadership from those past Senators who have servedwith distinction and who have made exemplary contributions to the State ofNevada; and
Whereas, Joseph Paul Hardy, betterknown as Joe, was born in Reno, Nevada and graduated from Sparks High School,where he served as the Student Body President; and
Whereas, Joe received his bachelorof science degree from the University of Nevada, Reno, before attending theSchool of Medicine at Washington University in St. Louis, Missouri, receiving aDoctor of Medicine degree, and served as a Major in the United States Air Forcefor 9 years before beginning his career in private practice; and
Whereas, Outside of his service tothe Legislature, Joe served as a Boulder City Councilman and Mayor Pro Tempore,and enjoyed a career as a family physician and Associate Professor at TouroUniversity Nevada; and
Whereas, In 2002, Joe was electedto the Nevada Assembly and in 2010, he was elected to the Nevada Senate,serving 8 years in the Assembly and 12 years in the Senate, where his serviceextended to the Interim Finance Committee, the Legislative Commission andnearly every Senate Committee; and
Whereas, During his tenure in theSenate, Joe served in leadership positions such as Minority Whip, AssistantMinority Leader and President Pro Tempore; and
Whereas, Joewas a champion of improving healthcare in Nevada and sat on the Committee onHealth and Human Services every regular session that he served; and
Whereas, Joe is known for being adedicated and knowledgeable public servant who serves this State with humility,dignity and an unwavering commitment to the people of Nevada; and
Whereas, In 2022, Joe was electedas Mayor of Boulder City where he continues his long career of public service,and where his eldest son, Joe Hardy Jr. had the distinct pleasure ofadministering the oath of office in his official capacity as a Judge in theClark County District Court; and
Whereas, Joe has continuouslydemonstrated his passion for public service through his elected offices,military service, career as a physician, involvement in the Church of Jesus Christ ofLatter-day Saints and the various other public bodies on which he has served;now, therefore, be it
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ê2023Statutes of Nevada, Page 3729 (FILE NUMBER 18, SR5)ê
involvementin the Church of Jesus Christ of Latter-day Saints and the various other publicbodies on which he has served; now, therefore, be it
Resolved by the Senate of the State of Nevada, That,for his many years of devoted service to the State of Nevada as a member ofboth the Nevada Senate and Assembly, to Boulder City and as a physician, JosephPaul Hardy is hereby inducted into the Senate Hall of Fame of the Legislatureof the State of Nevada; and be it further
Resolved, That this resolutionbecomes effective upon adoption.
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Senate Resolution No. 6–SenatorsCannizzaro, Seevers Gansert; Buck, Daly, Donate, Dondero Loop, Flores,Goicoechea, Hammond, Hansen, D. Harris, Krasner, Lange, Neal, Nguyen,Ohrenschall, Pazina, Scheible, Spearman, Stone and Titus
FILE NUMBER 19
senate RESOLUTION—Inducting Claire Jesse Clift as anhonorary member into the Senate Hall of Fame.
Whereas, Claire J. Clift was bornin Reno and raised in Carson City, where she graduated from Carson High Schooland Western Nevada College and afterward worked for 11 seasons for the UnitedStates Forest Service in North Fork, Idaho, where she met her husband Jim, awhitewater rafting guide, and learned that one’s survival depends onself-reliance and the ability to make tough decisions; and
Whereas, As a fifth-generationNevadan, her ancestry includes great-great-grandfathers who were pioneersettlers, one of whom, Daniel Clark Simpson, established a trading post andserved as an Assemblyman in 1871, another, William George Harris, who was aminer who helped build the Sutro Tunnel, and her great uncle, Forest Lovelock,and uncle, Coe Swobe, who both served in the Senate and her grandfather, HugoQuilici, who was mayor of Reno; and
Whereas, Claire’s state servicebegan in the Nevada Senate as a Committee Secretary for the Senate Committee onNatural Resources in 1987 and 1989, where she learned the legislative processand experienced the in-depth vetting of bills through testimony, discussion andamendments, and after a brief time away, she returned to the Senate as theMedia Clerk under the tutelage of then-Secretary of the Senate, Jan Thomas, andin this position helped develop and improve computer programs as the liaisonfor information systems to assist the Legislature as it entered the 21st century;and
Whereas, Upon the retirement ofher predecessor, Claire Clift was appointed as the Secretary of the Senate,continuing a long-standing tradition of holding an elected position of publicservice in her family, served as Secretary of the Senate during 9 regularsessions and 15 special sessions, which included the Senate’s first impeachmentproceeding against a state constitutional officer, and with the support oflegislative leadership, helped effect statutory changes to employment practicesof session staff that affected salaries, retirement vestment and opportunitiesfor legislative staff to transfer employment to the state’s classified service;and
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ê2023Statutes of Nevada, Page 3730 (FILE NUMBER 19, SR6)ê
Whereas, Claire’s public serviceextended beyond Nevada, serving on two Mason’s Manual Commissions with theNational Conference of State Legislatures, as co-chair and chair, shepherdingthe manual to its decennial revision with the 2020 edition of Mason’s Manualof Legislative Procedure, as well as being active in the American Societyof Legislative Clerks and Secretaries where she chaired multiple committees andserved two terms on the ASLCS Executive Committee; and
Whereas, Claire Clift isremembered for her poise, professionalism and confidence, was well-respected byall who worked with her, and always kept the interests of the Senate andLegislature at heart; and
Whereas, The Senate of theLegislature of the State of Nevada wishes to recognize Claire J. Clift for herdedicated service and vast knowledge of parliamentary procedure; now,therefore, be it
Resolved by the Senate of the State of Nevada, That,Claire Jesse Clift, for her decades of devoted service to the State of Nevadaas Secretary of the Senate, is hereby inducted as an honorary member into theSenate Hall of Fame of the Legislature of the State of Nevada; and be itfurther
Resolved, That this resolutionbecomes effective upon adoption.
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Senate Joint Resolution No. 5–SenatorsScheible, Seevers Gansert, Krasner, Spearman, Buck; Cannizzaro, Daly, Donate,Dondero Loop, Flores, Goicoechea, Hammond, Hansen, D. Harris, Lange, Neal,Nguyen, Ohrenschall, Pazina, Stone and Titus
FILE NUMBER 20
Senate Joint RESOLUTION—Urging Congress to expand the SupplementalNutrition Assistance Program and the Special Supplemental Nutrition Program forWomen, Infants and Children to cover the purchase of menstrual products.
Resolved by the Senate and Assembly of theState of Nevada, Jointly, That the members of the 82nd Session ofthe Nevada Legislature hereby urge Congress to expand the eligible uses ofbenefits from the Supplemental Nutrition Assistance Program and the SpecialSupplemental Nutrition Program for Women, Infants and Children to include thepurchase of menstrual products to improve the access of persons with lowincomes to such necessary products; and be it further
Resolved, That the Secretary ofthe Senate prepare and transmit a copy of this resolution to the Vice Presidentof the United States as the presiding officer of the Senate, the Speaker of theHouse of Representatives and each member of the Nevada CongressionalDelegation; and be it further
Resolved, That this resolutionbecomes effective upon passage.
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ê2023Statutes of Nevada, Page 3731ê
Senate Joint Resolution No. 7–Senators Cannizzaro, Lange,Scheible, Spearman, Nguyen; Daly, Donate, Dondero Loop, Flores, D. Harris,Ohrenschall and Pazina
Joint Sponsors: Assemblymen Jauregui, Cohen, Backus,Marzola, Gorelow; Anderson, Bilbray-Axelrod, Brown-May, Carter, Considine,D’Silva, Duran, González, La Rue Hatch, Brittney Miller, C.H. Miller,Monroe-Moreno, Mosca, Newby, Nguyen, Orentlicher, Peters, Summers-Armstrong,Taylor, Thomas, Torres, Watts and Yeager
FILE NUMBER 21
Senate Joint RESOLUTION—Proposing to amend the Nevada Constitutionto establish certain rights relating to reproductive health.
Legislative Counsel’s Digest:
Article 1 of the Nevada Constitution sets forth certaininalienable rights of an individual. (Nev. Const. Art. 1) This joint resolutionproposes to amend the Nevada Constitution by adding a new section to Article 1which: (1) guarantees each individual in this State a fundamental right toreproductive freedom; (2) authorizes the State to regulate abortion care afterfetal viability with certain exceptions; and (3) prevents the State frompenalizing, prosecuting or taking any other adverse action against anindividual or entity for exercising the right to reproductive freedom or foraiding or assisting another individual in exercising his or her right toreproductive freedom.
If this resolution is passed by the 2023 Legislature, itmust also be passed by the next Legislature and then approved by the voters inan election before the proposed amendment to the Nevada Constitution becomeseffective.
EXPLANATION – Matter in bolded italics is new; matter betweenbrackets [omitted material] is material to beomitted.
Resolved by the Senate and Assembly of theState of Nevada, Jointly, That a new section, designatedSection 25, be added to Article 1 of the Nevada Constitution to read asfollows:
Sec. 25. 1. Everyindividual has a fundamental right to reproductive freedom, which entails theright to make and effectuate decisions about all matters relating to pregnancy,including, without limitation, prenatal care, childbirth, postpartum care,birth control, vasectomy, tubal ligation, abortion, abortion care, managementof a miscarriage and infertility care. The right of an individual toreproductive freedom shall not be denied, burdened or infringed upon unlessjustified by a compelling State interest that is achieved by the leastrestrictive means available.
2. Notwithstanding theprovisions of subsection 1, the State may regulate the provision of abortioncare after fetal viability, provided that in no circ*mstance may the Stateprohibit an abortion that, in the professional judgment of an attending providerof health care, is medically indicated to protect the life or physical ormental health of the pregnant individual.
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ê2023Statutes of Nevada, Page 3732 (FILE NUMBER 21, SJR7)ê
3. The State shall notpenalize, prosecute or otherwise take adverse action against an individualbased on the actual, potential, perceived or alleged outcome of the pregnancyof the individual, including, without limitation, a miscarriage, stillbirth orabortion.
4. The State shall notpenalize, prosecute or otherwise take adverse action against a provider ofhealth care, who is licensed by the State, for acting consistent with theapplicable scope of practice and standard of care for performing an abortionupon, providing abortion care to or providing reproductive care services to anindividual who has granted the individual’s voluntary consent.
5. The State shall notpenalize, prosecute or otherwise take adverse action against any individual orentity for aiding or assisting another individual in exercising the right ofthe individual to reproductive freedom with the voluntary consent of theindividual.
6. Nothing provided inthis section narrows or limits the right to equality or equal protection.
7. As used in thissection:
(a) “Compelling stateinterest” means an interest which is limited exclusively to the State’sinterest in protecting the health of an individual who is seeking reproductivehealth care that is consistent with accepted clinical standards of practice.
(b) “Fetal viability” meansthe point in a pregnancy when, in the professional judgment of an attendingprovider of health care and based on the particular facts of the case, there isa significant likelihood of the sustained survival of the fetus outside theuterus without the application of extraordinary medical measures.
(c) “Least restrictive means”means in a manner that restricts or infringes upon the autonomousdecision-making of an individual to the slightest degree possible whilefurthering a compelling state interest.
And beit further
Resolved, That this resolutionbecomes effective upon passage.
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ê2023Statutes of Nevada, Page 3733ê
Senate Concurrent Resolution No. 4–Senator Ohrenschall
Joint Sponsor: Assemblywoman Anderson
FILE NUMBER 22
SenateConcurrent RESOLUTION—Celebrating thelife and accomplishments of beloved educator and Legislative Assistant Patricia “Pat” Jo Hutson.
Whereas, The members of the NevadaLegislature on this day remember and celebrate the life of Patricia “Pat” Jo Hutson; and
Whereas, Pat was born May 3, 1945, in Los Angeles, California,before eventually settling with her family in northern Nevada, where she graduatedfrom Sparks High School and the University of Nevada, Reno; and
Whereas, Generations of young people were coached or taught byPat over a career spanning 30 years at E. Otis Vaughn Middle School, EarlWooster High School and Galena High School, during which she exhibitedtremendous leadership qualities to her students and the new teachers that shementored; and
Whereas, After retirement, Pat could be found cheering on hergrandchildren at sporting events, traveling to exotic places and spending timewith people close to her heart; and
Whereas, Patalso enjoyed volunteering for worthy causes, including her commitment to keepalive in Carson City, Nevada the once struggling Nu Chapter of the Delta KappaGamma Society International, which is an honor society for key women educators;and
Whereas, Pat became an essential part of the family inlegislative service as she spent nine regular sessions aiding, corralling andsupporting the Ohrenschall Legislators, beginning with former AssemblywomanGenie Ohrenschall Daykin and continuing through the 2019 Legislative Session;and
Whereas, During the pandemic, meet-ups with friends from both Pat’s timeteaching and her time working for the Legislature ensured Pat was not isolatedduring her illness, and these gatherings evolved into the Wine Wednesdaycommunity of more than 30 women coming together to support Pat and who, inturn, found support among each other; and
Whereas, An inspiration to so many, Pat showered those aroundher with her carefree spirit, unlimited kindness and unwavering love, oftenexpressed in greeting cards of her own creation; and
Whereas, Marriedfor over 50 years to her husband R.F.“Dick” Hutson, who passed away in 2018, Pat is survived by sons Richard andSteven Hutson and their families; and
Whereas, Nevada has lost a beloved daughter, mother, sister andwife, and dedicated professional to education and the Legislature with thepassing of Pat on March 28, 2023; now,therefore, be it
Resolved by the Senate of the State of Nevada,the Assembly Concurring, That themembers of the 82nd Session of the Nevada Legislature remember and celebratethe life of Patricia “Pat” Jo Hutson on this day and extend their deepestcondolences to Pat’s family and friends;and be it further
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ê2023Statutes of Nevada, Page 3734 (FILE NUMBER 22, SCR4)ê
Resolved, That the Secretary ofthe Senate prepare and transmit a copy of this resolution to Pat’s family; and be itfurther
Resolved, Thatthis resolution becomes effective upon adoption.
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Senate Joint ResolutionNo. 7 of the 81st Session–Senator Dondero Loop
Joint Sponsor:Assemblyman Roberts
FILE NUMBER 23
Senate Joint RESOLUTION—Proposing to amend the Nevada Constitutionto remove the constitutional provisions governing the election and duties ofthe Board of Regents of the State University and to authorize the Legislatureto provide by statute for the governance of the State University and for theauditing of public institutions of higher education in this State.
Legislative Counsel’s Digest:
Article 11 of the Nevada Constitution, commonly known asthe Education Article, requires the Nevada Legislature to provide for the establishmentof a State University that is controlled by a Board of Regents whose duties areprescribed by law. (Nev. Const. Art. 11, § 4) The Education Article also: (1)requires the Legislature to provide for the election of the members of theBoard of Regents of the State University and to define their duties by law; and(2) authorizes the Board of Regents to control and manage the affairs of theState University and its funds under such regulations as may be provided bylaw. (Nev. Const. Art. 11, §§ 7, 8)
As required by the Education Article, the Legislature hasprovided by law for: (1) the establishment of the State University, which isknown as the University of Nevada; and (2) the election of the members of theBoard of Regents. (NRS 396.020, 396.040) Additionally, the Legislature has: (1)provided by law for the establishment of the Nevada System of Higher Education,which consists of the State University and other educational institutions,programs and operations; and (2) authorized the Board of Regents to administerthe System and to prescribe rules for its governance and management. (NRS396.020, 396.110, 396.230, 396.280, 396.300, 396.420, 396.440, 396.550)
This resolution proposes to amend the Nevada Constitutionto remove the constitutional provisions governing the Board of Regents and toauthorize the Legislature to provide by statute for the governance of the StateUniversity and for the auditing of public institutions of higher education inthis State. However, although this resolution removes the status of the Boardof Regents as a constitutional body under the Nevada Constitution, thisresolution does not change the status of the Board of Regents as a statutorybody under existing statutory provisions, which authorize the Board of Regents toadminister the Nevada System of Higher Education and prescribe rules for itsgovernance and management. In addition, this resolution does not repeal, eitherexpressly or by implication, any of those existing statutory provisionsrelating to the Board of Regents, including the existing statutory provisionsthat provide for the election of the members of the Board of Regents.
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ê2023Statutes of Nevada, Page 3735 (FILE NUMBER 23, SJR7 of the 81st Session)ê
Under the federal Morrill Land Grant Act of 1862, eachstate was provided with certain federal land grants to be sold to support andmaintain at least one college in the state that teaches both agriculture andmechanic arts, including military tactics, so long as the state agrees tocertain terms and conditions regarding the preservation and use of the proceedsderived from the sale of the federal land grants. (Act of July 2, 1862, ch.130, §§ 1-8, 12 Stat. 503-05, as amended and codified at 7 U.S.C. §§ 301 etseq.) To secure the benefits offered by the federal law, the Framers of theNevada Constitution approved Section 8 of the Education Article to provide forthe preservation and use of the proceeds derived from the sale of the federalland grants. (Nev. Const. Art. 11, § 8; Debates & Proceedings of theNevada State Constitutional Convention of 1864, at 586 and 589-91 (AndrewJ. Marsh off. rep. 1866)) This resolution proposes to amend Section 8 of theEducation Article to: (1) remove references to the Board of Regents; (2) deleteobsolete provisions; (3) clarify citations to the pertinent federal law,including all amendments thereto; and (4) specify that the proceeds derivedunder the federal law must be invested by the State of Nevada in the mannerrequired by law.
If this resolution is passed by the 2021 Legislature, itmust also be passed by the next Legislature and then approved and ratified bythe voters in an election before the proposed amendments to the Nevada Constitutionbecome effective.
EXPLANATION – Matter in bolded italics is new; matter betweenbrackets [omitted material] is material to beomitted.
Whereas, Article 11 of the NevadaConstitution, commonly known as the Education Article, requires the Legislatureto provide for the establishment of a State University that is controlled by aBoard of Regents whose duties are prescribed by law (Nev. Const. Art. 11, § 4);and
Whereas, The Education Articlealso requires the Legislature to provide for the election of the members of theBoard of Regents and to define their duties by law (Nev. Const. Art. 11, § 7);and
Whereas, The Education Articleauthorizes the Board of Regents to control and manage the affairs of the StateUniversity and its funds under such regulations as may be provided by law (Nev.Const. Art. 11, §§ 7, 8); and
Whereas, When drafting theEducation Article, the Framers of the Nevada Constitution purposefully addedconstitutional language to ensure that the powers and duties of the Board ofRegents and its members “shall be prescribed by the Legislature,” in order to“not leave it to be inferred, perhaps, that they have absolute control” over theState University (Debates & Proceedings of the Nevada StateConstitutional Convention of 1864, at 586 (Andrew J. Marsh off. rep. 1866)(statement of Delegate George A. Nourse)); and
Whereas, The Framers believed thatthe Board of Regents’ control and management of the affairs of the StateUniversity should be governed by laws enacted by the Legislature (Debates& Proceedings of the Nevada State Constitutional Convention of 1864, at585-87 (Andrew J. Marsh off. rep. 1866)); and
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ê2023Statutes of Nevada, Page 3736 (FILE NUMBER 23, SJR7 of the 81st Session)ê
Whereas, The Framers did notcreate the Board of Regents as a constitutional body in the Education Articleto give the Board of Regents unchecked autonomy from legislative oversight (Debates& Proceedings of the Nevada State Constitutional Convention of 1864, at585-91 (Andrew J. Marsh off. rep. 1866)); and
Whereas, As required by theEducation Article, the Legislature has provided by law for the establishment ofthe State University, known as the University of Nevada, and has provided bylaw for the election of the members of the Board of Regents (NRS 396.020, 396.040);and
Whereas, The Legislature hasprovided by law for the establishment of the Nevada System of Higher Education,which consists of the State University and other educational institutions,programs and operations, and for the Board of Regents to administer the Systemand to prescribe rules for its governance and management (NRS 396.020, 396.110,396.230, 396.280, 396.300, 396.420, 396.440, 396.550); and
Whereas, In cases before theNevada Supreme Court, the Board of Regents has asserted that its “uniqueconstitutional status” gives it “virtual autonomy and thus immunity” fromparticular laws and policies enacted by the Legislature (Board of Regents v.Oakley, 97 Nev. 605, 607 (1981)); and
Whereas, Although the NevadaSupreme Court has rejected the Board of Regents’ broad assertion of autonomyand immunity from laws and policies enacted by the Legislature, the NevadaSupreme Court has recognized that the Board of Regents’ constitutional statusprevents the Legislature from enacting certain legislation that directly“interferes with the Board’s essential management and control of theUniversity” (Board of Regents v. Oakley, 97 Nev. 605, 608 (1981); Kingv. Board of Regents, 65 Nev. 533, 564-69 (1948)); and
Whereas, Under our Nation’sfundamental, well-established and long-standing principles of representativegovernment, the traditional role of the people’s elected representatives in theLegislature is to serve as the people’s legislative check of accountability to ensurethat public bodies, agencies and officers in the other branches of governmentare carrying out their governmental functions for the benefit of the people andin a manner consistent with the laws and policies enacted by the Legislature;and
Whereas, The Board of Regents has,at various times, relied on its constitutional status and its authority tocontrol and manage the affairs of the State University as a defensive shieldand cloak against the people’s legislative check of accountability, and the Boardof Regents has, at various times, taken actions that have hindered, thwarted orundermined the Legislature’s investigation, review and scrutiny of theinstitutions, programs and operations of the Nevada System of Higher Education;and
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ê2023Statutes of Nevada, Page 3737 (FILE NUMBER 23, SJR7 of the 81st Session)ê
Whereas, Like other public bodies,agencies and officers of the State Government, the Board of Regents should besubject to the people’s legislative check of accountability through legislativeoversight, and the Board of Regents’ control and management of the affairs ofthe State University should be governed by all laws enacted by the Legislature;and
Whereas, To secureaccountability to the people’s elected representatives in the Legislature, theNevada Constitution should be amended to remove the Board of Regents’constitutional status so that the Board of Regents operates only as a statutorypublic body to ensure that it is subject to the people’s legislative check ofaccountability through legislative oversight and to ensure that the Board ofRegents’ control and management of the affairs of the State University aregoverned by all laws enacted by the Legislature; and
Whereas, Amending the NevadaConstitution to remove the Board of Regents’ constitutional status will allowthe Legislature to exercise the full extent of its legislative power to review,reform and improve the programs and operations of the State University and, indoing so, the Legislature will also have more options and greater flexibilityto review, reform and improve all other institutions, programs and operationsof the Nevada System of Higher Education; and
Whereas, Amending the NevadaConstitution to remove the Board of Regents’ constitutional status will notrepeal, either expressly or by implication, the existing statutory provisionswhich apply to the Board of Regents, the State University and all otherinstitutions, programs and operations of the Nevada System of Higher Education,including, without limitation, the existing statutory provisions that providefor the voters to elect the members of the Board of Regents; now, therefore, beit
Resolved by the Senate and Assembly of theState of Nevada, Jointly, That this resolution may be cited as theNevada Higher Education Reform, Accountability and Oversight Amendment; and beit further
Resolved, That Section 4 ofArticle 11 of the Nevada Constitution be amended to read as follows:
[Sec:] Sec. 4. 1. The Legislatureshall provide by law forthe establishment and governance ofa State University which shall embrace departments for Agriculture, MechanicArts, and Mining [to be controlled by a Board of Regents whose duties shall beprescribed by Law.] and other departments deemed appropriate for the StateUniversity.
2. The Legislatureshall provide by law for biennial auditing of the State University and anyother public institutions of higher education established by the Legislature inthis State.
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ê2023Statutes of Nevada, Page 3738 (FILE NUMBER 23, SJR7 of the 81st Session)ê
And beit further,
Resolved, That Section 8 ofArticle 11 of the Nevada Constitution be amended to read as follows:
[Sec:] Sec. 8. The[Board of Regents shall, from the interest accruing from thefirst funds which come under their control, immediately organize and maintainthe said Mining department in such manner as to make it most effective anduseful, Provided, that all the] proceeds of the publiclands donated by Act of Congress approved July [second AD. Eighteenhundred and sixty Two,] 2, 1862, ch. 130, 12 Stat. 503, and thereafter amended byAct of Congress, for a college for the benefit of Agriculture [, the Mechanics]and Mechanic Arts, [and]including Military tactics ,shall be invested by the [said Board of Regents] State of Nevada in the manner requiredby law in a separate fund to be appropriated exclusively for thebenefit of the first named departments to the State University as set forth in Section [Fourabove;] 4 ofthis Article. And the Legislature shall provide that if throughneglect or any other contingency, any portion of the fund so set apart [, shall be]is lost ormisappropriated, the State of Nevada shall replace said amount so lost ormisappropriated in said fund so that the principal of said fund shall remainforever undiminished.
And beit further,
Resolved, That Section 7 ofArticle 11 of the Nevada Constitution be repealed.
And beit further,
Resolved, That this resolutionbecomes effective upon passage.
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ê2023Statutes of Nevada, Page 3739ê
Assembly Joint Resolution No. 6–Assemblymen Watts,Bilbray-Axelrod, Brittney Miller; Anderson, Backus, Brown-May, Carter, Cohen,D’Silva, Duran, González, La Rue Hatch, C.H. Miller, Monroe-Moreno, Newby,Peters, Summers-Armstrong, Taylor, Thomas, Torres and Yeager
Joint Sponsors: Senators D. Harris, Lange,Ohrenschall; Daly, Donate and Flores
FILE NUMBER 24
Assembly Joint RESOLUTION—Proposing to amend the Nevada Constitutionto adopt the National Popular Vote Compact.
Legislative Counsel’s Digest:
The United States Constitutionrequires the election of President and Vice President by presidential electorsfrom each state who are appointed in the manner directed by each statelegislature under the federal constitutional power granted to states by thePresidential Electors Clause. (U.S. Const. Art. II, § 1, cl. 2, U.S. Const.Amend. XII) The United States Supreme Court has stated that the PresidentialElectors Clause “concede[s] plenary power to the state legislatures in thematter of the appointment of electors” and “recognizes that the people actthrough their representatives in the legislature, and leaves it to the legislatureexclusively to define the method of effecting the object.” (McPherson v.Blacker, 146 U.S. 1, 27, 35 (1892)) The Supreme Court has also stated thatthe Presidential Electors Clause was “so framed that congressional and federalinfluence might be excluded” and, as a result, “the appointment and mode ofappointment of electors belong exclusively to the states under the[C]onstitution of the United States.” (McPherson, 146 U.S. at 35)
Underexisting law in Nevada, the Legislature has exercised its power to define themethod of appointing this State’s presidential electors by enacting the UniformFaithful Presidential Electors Act. (NRS 298.005-298.089) Existing law requireseach nominee for presidential elector and alternate to sign a pledge to vote onlyfor the candidates for President and Vice President who receive the highestnumber of votes in this State at the general election. (NRS 298.045) Thenominees for presidential elector whose candidates for President and VicePresident receive the highest number of votes in this State at the generalelection are the presidential electors, and the presidential electors may voteonly for the candidates for President and Vice President who receive thehighest number of votes in this State at the general election. (NRS 298.065,298.075)
Theamendment to the Nevada Constitution proposed by this resolution enacts theNational Popular Vote Compact. If the Compact is effective and applies to apresidential election: (1) the chief election official of each member statewill determine which slate of candidates for President and Vice President winsthe national popular vote and will designate that presidential slate as thenational popular vote winner; and (2) except in the case of a tie in thenational popular vote, the nominees for presidential elector whose slate ofcandidates for President and Vice President is the national popular vote winnerbecome the presidential electors. The amendment to the Nevada Constitutionproposed by this resolution also provides that if the Compact is effective andapplies to a presidential election, the presidential electors shall, withlimited exception, mark their presidential elector ballots for the nationalpopular vote winner. The amendment to the Nevada Constitution proposed by thisresolution also provides that Nevada may withdraw from and rejoin the Compactvia statute.
If this resolution is passed bythe 2023 Legislature, it must also be passed by the next Legislature and thenapproved and ratified by the voters in an election before the proposedamendments become part of the Nevada Constitution. However, for the Compact totake effect, states cumulatively possessing a majority of the electoral votesmust enact the Compact in substantially the same form and the enactments by suchstates must have taken effect in each state.
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ê2023Statutes of Nevada, Page 3740 (FILE NUMBER 24, AJR6)ê
EXPLANATION – Matter in bolded italics is new; matter betweenbrackets [omitted material] is material to beomitted.
Whereas, The candidate for thePresidency of the United States receiving the most popular votes across thecountry should become President; and
Whereas, The United StatesConstitution empowers each state to choose the manner of selecting its membersof the Electoral College; now, therefore, be it
Resolved by the Assembly and Senate of theState of Nevada, Jointly, That a new section, designatedSection 14A, be added to Article 15 of the Nevada Constitution to read asfollows:
Sec. 14A. TheNational Popular Vote Compact is hereby enacted into law and entered into withall jurisdictions legally joining the Compact, in substantially the form setforth in this section:
1. Membership
Any State of the United Statesand the District of Columbia may become a member of this compact by enactingthis compact.
2. Right of thePeople in Member States to Vote for President and Vice President
Each member state shall conduct astatewide popular election for President and Vice President of the UnitedStates.
3. Manner ofAppointing Presidential Electors in Member States
Prior to the time set by law forthe meeting and voting by the presidential electors, the chief electionofficial of each member state shall determine the number of votes for eachpresidential slate in each State of the United States and in the District ofColumbia in which votes have been cast in a statewide popular election andshall add such votes together to produce a “national popular vote total” foreach presidential slate.
The chief election official ofeach member state shall designate the presidential slate with the largestnational popular vote total as the “national popular vote winner.”
The presidential electorcertifying official of each member state shall certify the appointment in thatofficial’s own state of the elector slate nominated in that state inassociation with the national popular vote winner.
At least six days before the dayfixed by law for the meeting and voting by the presidential electors, eachmember state shall make a final determination of the number of popular votescast in the state for each presidential slate and shall communicate an officialstatement of such determination within 24 hours to the chief election officialof each other member state.
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ê2023Statutes of Nevada, Page 3741 (FILE NUMBER 24, AJR6)ê
The chief election official ofeach member state shall treat as conclusive an official statement containingthe number of popular votes in a state for each presidential slate made by theday established by federal law for making a state’s final determinationconclusive as to the counting of electoral votes by Congress.
In event of a tie for thenational popular vote winner, the presidential elector certifying official ofeach member state shall certify the appointment of the elector slate nominatedin association with the presidential slate receiving the largest number ofpopular votes within that official’s own state.
If, for any reason, the number ofpresidential electors nominated in a member state in association with thenational popular vote winner is less than or greater than that state’s numberof electoral votes, the presidential candidate on the presidential slate thathas been designated as the national popular vote winner shall have the power tonominate the presidential electors for that state and that state’s presidentialelector certifying official shall certify the appointment of such nominees.
The chief election official ofeach member state shall immediately release to the public all vote counts orstatements of votes as they are determined or obtained.
This article shall govern theappointment of presidential electors in each member state in any year in whichthis compact is, on July 20, in effect in states cumulatively possessing amajority of the electoral votes.
4. Other Provisions
This compact shall take effectwhen states cumulatively possessing a majority of the electoral votes haveenacted this compact in substantially the same form and the enactments by suchstates have taken effect in each state.
Any member state may withdrawfrom this compact, except that a withdrawal occurring six months or less beforethe end of a President’s term shall not become effective until a President orVice President shall have been qualified to serve the next term.
The chief executive of eachmember state shall promptly notify the chief executive of all other states ofwhen this compact has been enacted and has taken effect in that official’sstate, when the state has withdrawn from this compact, and when this compacttakes effect generally.
This compact shall terminate ifthe electoral college is abolished.
If any provision of this compactis held invalid, the remaining provisions shall not be affected.
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ê2023Statutes of Nevada, Page 3742 (FILE NUMBER 24, AJR6)ê
5. Definitions
For purposes of this compact,
“chief executive” shall mean theGovernor of a State of the United States or the Mayor of the District ofColumbia;
“elector slate” shall mean a slate ofcandidates who have been nominated in a state for the position of presidentialelector in association with a presidential slate;
“chief election official” shall mean thestate official or body that is authorized to certify the total number ofpopular votes for each presidential slate;
“presidential elector” shall mean anelector for President and Vice President of the United States;
“presidential elector certifyingofficial” shall mean the state official or body that is authorized to certifythe appointment of the state’s presidential electors;
“presidential slate” shall mean a slateof two persons, the first of whom has been nominated as a candidate forPresident of the United States and the second of whom has been nominated as acandidate for Vice President of the United States, or any legal successors tosuch persons, regardless of whether both names appear on the ballot presentedto the voter in a particular state;
“state” shall mean a State of the UnitedStates and the District of Columbia; and
“statewide popular election” shall mean ageneral election in which votes are cast for presidential slates by individualvoters and counted on a statewide basis.
And beit further
Resolved, That a new section,designated Section 14B, be added to Article 15 of the Nevada Constitutionto read as follows:
Sec. 14B. 1. Whenthe National Popular Vote Compact governs a presidential election, eachpresidential elector in Nevada shall cast his or her vote in the ElectoralCollege for the presidential slate nominated by the political party ororganization that nominated the elector.
2. The State ofNevada may withdraw from the National Popular Vote Compact by statute, and mayrejoin by subsequent statute, subject to the provisions of subsection 4 ofSection 14A of this Article.
And be it further
Resolved, That this resolutionbecomes effective upon passage.
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ê2023Statutes of Nevada, Page 3743ê
Assembly Joint Resolution No. 8–Assemblymen D’Silva,Brittney Miller; Anderson, Brown-May, Carter, Cohen, Considine, DeLong,Dickman, Gallant, González, Gorelow, La Rue Hatch, C.H. Miller, Monroe-Moreno,Mosca, Newby, Nguyen, O’Neill, Orentlicher, Peters, Summers-Armstrong, Taylor,Thomas, Torres, Watts and Yeager
Joint Sponsors:Senators Donate, Flores, Hammond, D. Harris, Neal, Nguyen, Ohrenschall,Spearman and Stone
FILE NUMBER 25
Assembly Joint RESOLUTION—Urging the Congress of the United Statesto deschedule marijuana as a schedule I controlled substance.
Whereas, Under Nevada law, cannabisand marijuana share an identical meaning; and
Whereas, Under the ControlledSubstance Act, drugs, substances and certain chemicals used to make drugs areclassified into five distinct schedules depending upon the acceptable medicaluse of the drug and the potential of the drug for abuse; and
Whereas, Schedule I drugs,substances or chemicals are defined as drugs with no currently accepted medicaluse and a high potential for abuse; and
Whereas, Cannabis is classified asa schedule I drug, alongside heroin, although marijuana has many welldocumented medical uses; and
Whereas, According to the NationalAcademy of Medicine, modern medical research has confirmed the beneficial usesfor marijuana in treating or alleviating the pain, nausea and other symptomsassociated with a variety of debilitating medical conditions, including cancer,multiple sclerosis and HIV/AIDS; and
Whereas, Marijuana has manycurrently accepted medical uses in the United States, having been recommendedby thousands of licensed physicians to at least 350,000 patients in states withmedical marijuana laws; and
Whereas, Marijuana’s medicalutility has been recognized by a wide range of medical and public healthorganizations, including, without limitation, the American Academy of HIVMedicine, the American College of Physicians, the American Nurses Association,the American Public Health Association and the Leukemia and Lymphoma Society;and
Whereas, In 1998 and 2000, Nevadavoters approved the Nevada Medical Marijuana Act, a referenduminitiative intended to amend the Nevada Constitution to legalize marijuana formedical use in Nevada, which passed in two consecutive elections, as isrequired for a constitutional amendment; and
Whereas, The medical value ofcannabis was enshrined into Nevada’s constitution through the addition ofArticle 4, Section 38 of the Nevada Constitution, which requires the NevadaLegislature to provide by law for the use by a patient, upon the advice of hisphysician, of a plant of the genus Cannabis for the treatment or alleviation ofcancer, glaucoma, acquired immunodeficiency syndrome, severe, persistent nauseaof cachexia resulting from these or other chronic or debilitating medicalconditions, epilepsy and other disorders characterized by seizure, multiple sclerosis and otherdisorders characterized by muscular spasticity, or other conditions approvedpursuant to law for such treatment; and
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ê2023Statutes of Nevada, Page 3744 (FILE NUMBER 25, AJR8)ê
otherdisorders characterized by seizure, multiple sclerosis and other disorderscharacterized by muscular spasticity, or other conditions approved pursuant tolaw for such treatment; and
Whereas, In 2016, Nevada votersvoted upon and approved the Initiative to Regulate and Tax Marijuana, whichlegalized possession of marijuana for recreational purposes; and
Whereas, A district court inNevada has already held that cannabis is no longer a schedule I controlledsubstance in Nevada; and
Whereas, There are approximately5.4 million state-legal patients in the United States and its territories whoare unable to receive medical insurance prescription health coverage formedical marijuana, primarily because of marijuana’s federal designation as aschedule I controlled substance; and
Whereas, In its State of theStates 2021 report, the advocacy group Safe Access Now estimated that medicalmarijuana customers at state dispensaries were likely to pay as much as $350before they could access and pay for the cost of marijuana; and
Whereas, Marijuana is not aneligible health savings account expense because of its current federaldesignation as a schedule I controlled substance; and
Whereas, Because of marijuana’scurrent federal designation as a schedule I controlled substance, tracing moneyback to a state marijuana operation could result in criminal prosecution foraiding and abetting a federal crime or money laundering, and most financialinstitutions are therefore unwilling to accept the legal risks associated withoffering financial services to the medical marijuana industry, resulting inmedical marijuana distributors having limited access to traditional banking andfinancial services and forcing them to operate using only cash; and
Whereas, Operating a business withlarge amounts of cash on hand is a public safety threat, causing such abusiness to become a target for crime, thereby putting the safety of staff andpatients at risk; and
Whereas, Marijuana does not belongin schedule I of the Controlled Substances Act, a classification intended forexceptionally dangerous substances with high potential for abuse and nocurrently accepted medical use; now, therefore, be it
Resolved by the Assembly and Senate of theState of Nevada, Jointly, That the members of the 82nd Session ofthe Nevada Legislature hereby urge Congress to support legislation to removecannabis from schedule I of the Controlled Substances Act; and be it further
Resolved, That the Chief Clerk ofthe Assembly prepare and transmit a copy of this resolution to the VicePresident of the United States as the presiding officer of the United StatesSenate, the Speaker of the United States House of Representatives and eachmember of the Nevada Congressional Delegation; and be it further
Resolved, That this resolutionbecomes effective upon passage.
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ê2023Statutes of Nevada, Page 3745ê
Assembly Joint Resolution No.1–Assemblymen McArthur, Hafen, Gray, O’Neill, Yeager; Anderson, Backus,Bilbray-Axelrod, Considine, DeLong, Dickman, D’Silva, Duran, Gallant, Gurr,Hansen, Hardy, Hibbetts, Kasama, Koenig, La Rue Hatch, Marzola, Monroe-Moreno,Mosca, Newby, Nguyen, Peters, Summers-Armstrong, Taylor, Thomas, Torres andYurek
Joint Sponsors: Senators Krasner, Titus,Spearman, Buck, Flores; Dondero Loop, Goicoechea, Hansen, Nguyen, Ohrenschall,Scheible, Seevers Gansert and Stone
FILE NUMBER 26
Assembly Joint RESOLUTION—Urging the United States Department ofVeterans Affairs to study the effectiveness and use of hyperbaric oxygentherapy for veterans.
Whereas, Hyperbaric oxygen therapyinvolves breathing pure oxygen in a pressurized room or tube to temporarilyincrease the blood oxygen levels of a person to promote healing and fightinfection; and
Whereas, The United States Foodand Drug Administration approved the use of hyperbaric oxygen therapy to treatcertain disorders or conditions, including, among others, carbon monoxidepoisoning, decompression sickness, enhanced healing of some wound problems,skin grafts, heat burns, crush injuries and other acute health care issues thatinvolve not enough blood flow to a part of the body; and
Whereas, The United States Foodand Drug Administration has not approved hyperbaric oxygen therapy to treatpost-traumatic stress disorder and traumatic brain injury; and
Whereas, Some studies found a positive benefit by using hyperbaric oxygentherapy to treat post-traumatic stress disorder and traumatic brain injury; and
Whereas, The 22 Project, aveteran-centered nonprofit organization, conducted a study which usedhyperbaric oxygen therapy to treat 39 veterans diagnosed with mild traumaticbrain injury with hyperbaric oxygen therapy; and
Whereas, Researchers determinedthat hyperbaric oxygen therapy could be a useful treatment for mild traumaticbrain injury in veterans because results of the study demonstrated a 46.6percent improvement in measured symptoms, including significant improvement inbrain perfusion, reduced pain, improved mood and better sleep; and
Whereas, A study conducted by theShamir Medical Center in Israel determined that use of hyperbaric oxygentherapy to treat veterans diagnosed with post-traumatic stress disorderimproved brain activity; and
Whereas, Researchers conducting apooled analysis of results from the United States Department of Defense andother studies concluded that a definitive clinical trial should be consideredto identify the optimal hyperbaric oxygen dosing regimen for individualsdiagnosed with mild traumatic brain injury associated with post-traumaticstress disorder; and
Whereas, The 114th Congress of theUnited States established the Creating Options for Veterans’ Expedited RecoveryCommission to examine the evidence-based therapy treatment model used by theUnited States Departmentof Veterans Affairs for treating mental health conditions and to examineavailable research on the use of complementary and alternative medicinetherapies, including hyperbaric oxygen therapy; and
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ê2023Statutes of Nevada, Page 3746 (FILE NUMBER 26, AJR1)ê
Departmentof Veterans Affairs for treating mental health conditions and to examineavailable research on the use of complementary and alternative medicinetherapies, including hyperbaric oxygen therapy; and
Whereas, The Commission’s finalreport set forth 11 recommendations addressing mental health, including thatthe United States Department of Veterans Affairs conduct further studies on theuse of hyperbaric oxygen therapy; now, therefore, be it
Resolved by the Assembly and Senate of theState of Nevada, Jointly, That the members of the 82nd Session ofthe Nevada Legislature hereby urge the United States Department of VeteransAffairs to study the effectiveness and use of hyperbaric oxygen therapy for veteransand share the results of the study with the State of Nevada; and be it further
Resolved, That the Chief Clerk ofthe Assembly prepare and transmit a copy of this resolution to the Secretary ofVeterans Affairs of the United States Department of Veterans Affairs, and eachmember of the Nevada Congressional Delegation; and be it further
Resolved, That this resolutionbecomes effective upon passage.
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Assembly JointResolution No. 5–Assemblymen C.H. Miller and Monroe-Moreno
FILE NUMBER 27
Assembly Joint RESOLUTION—Proposing to amend the Nevada Constitutionto revise provisions relating to lotteries and the sale of lottery tickets.
Legislative Counsel’s Digest:
As ratified in 1864,the Nevada Constitution prohibited the State from authorizing a lottery andalso prohibited lottery tickets from being sold. (Nev. Const. Art. 4, § 24(1864)) Nevada’s constitutional provisions regarding lotteries were modeledafter provisions in the California Constitution of 1849, which were alsosimilar to constitutional provisions adopted in several other states. (Stateex rel. Murphy v. Overton, 16 Nev. 136, 146-52 (1881); Ex parte Pierotti,43 Nev. 243, 247-52 (1919)) Such constitutional provisions were: (1) adopted toprohibit state legislatures from granting special charters to organizations,institutions, corporations or other entities authorizing them to operatelotteries and sell lottery tickets to the public; and (2) intended to protectthe public from the harm caused by such chartered lotteries which wereprevalent in our Nation’s early history and which were plagued by fraud,corruption, mismanagement and abuse because they were largely unregulated bystate governments. (Stone v. Mississippi, 101 U.S. 814, 818 (1879); Stateex rel. Murphy v. Overton, 16 Nev. 136, 146-52 (1881); Ex parte Pierotti,43 Nev. 243, 247-52 (1919); Poppen v. Walker, 520 N.W.2d 238, 243 (S.D.1994) (“These lotteries were the principal evil which led to their prohibitionin state constitutions.”), superseded on other grounds by constitutionalamendments to S.D. Const. Art. III, § 25 (1994))
Under its existingprovisions, the Nevada Constitution prohibits the State from authorizing alottery, it also prohibits the State and its political subdivisions fromoperating a lottery and it also prohibits the sale of lottery tickets, but withcertain exceptions for charitable lotteries. Specifically, in 1990, Nevada’svoters approved constitutional amendments allowing the Legislature to provideby law for the operation and regulation of charitable lotteries, with certainrestrictions, conducted by charitable or nonprofit organizations in the form ofraffles or drawings on their own behalf.
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ê2023Statutes of Nevada, Page 3747 (FILE NUMBER 27, AJR5)ê
(Nev. Const. Art. 4, § 24)Following the 1990 constitutional amendments, the Legislature enacted lawsproviding for comprehensive regulation of charitable lotteries to ensure thatthose lotteries are operated honestly and free from criminal and corruptiveelements and that the proceeds of those lotteries are expended to benefit theactivities of charitable or nonprofit organizations in this State. (Chapter 462of NRS)
This joint resolution proposes to amend the NevadaConstitution to allow the Legislature to provide by law for the operation andregulation of modern lotteries, in addition to charitable lotteries, includingauthorizing lottery tickets to be sold for such modern lotteries. However, thisjoint resolution prohibits the Legislature from enacting laws which grant aspecial charter or similar organizational or governing document to any personor other entity to operate lotteries or sell lottery tickets, and this jointresolution prohibits political subdivisions of this State from operatinglotteries or selling lottery tickets. Finally, this joint resolution ensuresthat the operation of any charitable lotteries must comply with the existingprovisions governing charitable lotteries that were added to the NevadaConstitution by the 1990 constitutional amendments.
If this joint resolution is passed by the 2023Legislature, it must also be passed by the next Legislature and then approvedand ratified by the voters in an election before the proposed amendments to theNevada Constitution become effective.
EXPLANATION – Matter in bolded italics is new; matter betweenbrackets [omitted material] is material to beomitted.
Whereas, From our Nation’s earlycolonial period until the mid-1800s, the proceeds from lotteries were used inAmerica to fund and build infrastructure, to establish and endow universitieslike Harvard and Yale and to help finance the American battle for independenceduring the Revolutionary War; and
Whereas, Insome states during this period, state legislatures would enact legislationwhich granted special charters to organizations, institutions, corporations orother entities authorizing them to operate lotteries and sell lottery ticketsto the public for a period of years, but the state governments overseeing suchchartered lotteries generally were not involved in the actual operation orregulation of the lotteries; and
Whereas, Becausethere was inadequate government oversight and regulation of such charteredlotteries, some of them were plagued by fraud, corruption, mismanagement andabuse which resulted in several well-known and scandalous cases of wrongdoingby chartered lotteries, including an infamous case in New York that “involvednot only individuals of the state in ruin, but was the occasion of seriousembarrassment to the state government itself.” (State ex rel. Murphy v.Overton, 16 Nev. 136, 147 (1881) (quoting Report of the Debates in theConvention of California on the Formation of the State Constitution of 1849,at 92 (J. Ross Browne off. rep. 1850) (statement of Delegate H. W. Halleck));and
Whereas, Asa result of the well-known and scandalous cases of wrongdoing by charteredlotteries, there was a nationwide backlash against such lotteries and, by 1860,a majority of states had adopted constitutional provisions prohibiting theauthorization of lotteries and the sale of lottery tickets, includingprovisions in the California Constitution of 1849, which stated that “[n]olottery shall be authorized by this State, nor shall the sale of lotterytickets be allowed.” (Cal. Const. Art. IV, § 27 (1849)); and
Whereas, Becausethe California Constitution of 1849 served as the model for the NevadaConstitution, the delegates to the Nevada State Constitutional Convention of1864 adopted California’s constitutional provisions regarding lotteries,without additional discussion or debate, so that the Nevada Constitution, as ratified in 1864, statedthat “[n]o lottery shall be authorized by this State, nor shall the sale oflottery tickets be allowed.”
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ê2023Statutes of Nevada, Page 3748 (FILE NUMBER 27, AJR5)ê
theNevada Constitution, as ratified in 1864, stated that “[n]o lottery shall beauthorized by this State, nor shall the sale of lottery tickets be allowed.”(Nev. Const. Art. 4, § 24 (1864); State ex rel. Murphy v. Overton, 16Nev. 136, 146-47 (1881)); and
Whereas, Courtshave recognized that constitutional provisions regarding lotteries are intendedto protect the public from the harm caused by past chartered lotteries whichwere prevalent in our Nation’s early history and which were plagued by fraud,corruption, mismanagement and abuse because they were largely unregulated bystate governments (Stone v. Mississippi, 101 U.S. 814, 818 (1879); Stateex rel. Murphy v. Overton, 16 Nev. 136, 146-52 (1881); Ex parte Pierotti,43 Nev. 243, 247-52 (1919); Poppen v. Walker, 520 N.W.2d 238, 243 (S.D.1994) (“These lotteries were the principal evil which led to their prohibitionin state constitutions.”), superseded on other grounds by constitutionalamendments to S.D. Const. Art. III, § 25 (1994)); and
Whereas, Atthe general election in 1990, Nevada’s voters approved constitutionalamendments allowing the Legislature to provide by law for the operation andregulation of charitable lotteries, with certain restrictions, conducted bycharitable or nonprofit organizations in the form of raffles or drawings ontheir own behalf, and the Legislature has enacted laws providing forcomprehensive regulation of charitable lotteries to ensure that those lotteriesare operated honestly and free from criminal and corruptive elements and thatthe proceeds of those lotteries are expended to benefit the activities ofcharitable or nonprofit organizations in this State (Nev. Const. Art. 4, § 24;chapter 462 of NRS); and
Whereas, Thecomprehensive regulation of modern lotteries ensures that the public isprotected from the harm caused by past chartered lotteries which were prevalentin our Nation’s early history and which were plagued by fraud, corruption,mismanagement and abuse because they were largely unregulated by stategovernments; and
Whereas, Amendingthe Nevada Constitution to prohibit the Legislature from enacting laws whichgrant a special charter or similar organizational or governing document to any personor other entity to operate lotteries or sell lottery tickets will continue toprotect the public from the harm caused by past chartered lotteries; and
Whereas, Amendingthe Nevada Constitution to allow the Legislature to provide by law for the operationand regulation of modern lotteries, in addition to charitable lotteries, willensure that such modern lotteries are operated honestly and free from criminaland corruptive elements and that the proceeds of those lotteries are expendedto benefit the general welfare of the residents of this State; now, therefore,be it
Resolved by the Assembly and Senate of the Stateof Nevada, Jointly, That Section24 of Article 4 of the Nevada Constitution be amended to read as follows:
Sec: 24. 1. Exceptas otherwise provided in [subsection 2,] this section, no lottery may be authorized bythis State, nor may lottery tickets be sold.
2. The[State and the] Legislature may provide by law for the operation andregulation of lotteries, including, without limitation, authorizing lotterytickets to be sold, except that:
(a) The Legislature shallnot pass any laws which grant a special charter or similar organizational orgoverning document to any person or otherentity to operate a lottery or sell lottery tickets or which otherwiseauthorize the exercise of such powers under a special charter or similarorganizational or governing document.
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ê2023Statutes of Nevada, Page 3749 (FILE NUMBER 27, AJR5)ê
any person or other entity to operate alottery or sell lottery tickets or which otherwise authorize the exercise ofsuch powers under a special charter or similar organizational or governingdocument.
(b) The politicalsubdivisions [thereof] of this State shall not operate a lottery [.] or sell lottery tickets.
(c) The operation oflotteries by persons engaged in charitable activities or activities not forprofit must comply with the provisions of subsection 3.
3. TheLegislature may authorize persons engaged in charitable activities oractivities not for profit to operate a lottery in the form of a raffle ordrawing on their own behalf. All proceeds of the lottery, less expensesdirectly related to the operation of the lottery, must be used only to benefitcharitable or nonprofit activities in this State. A charitable or nonprofitorganization shall not employ or otherwise engage any person to organize oroperate its lottery for compensation. The Legislature may provide by law forthe regulation of such lotteries.
And beit further
Resolved, That this resolutionbecomes effective upon passage.
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Assembly ConcurrentResolution No. 5–Committee on Legislative Operations and Elections
FILE NUMBER 28
AssemblyConcurrent RESOLUTION—Expressing supportfor the Lake Tahoe Transportation Action Plan.
Whereas, Lake Tahoe is aninternationally recognized iconic destination located near several urban areasin northern Nevada and California which makes it a natural outdoor playgroundfor the growing populations of people looking for unparalleled summer andwinter recreation opportunities; and
Whereas, The popularity of LakeTahoe combined with population growth in nearby urban areas is placing anincreasing strain on the transportation system and infrastructure in the LakeTahoe Basin; and
Whereas, The increasing pressureon the transportation system in the Lake Tahoe Basin is acceleratingenvironmental and public safety impacts in the Basin, including trafficcongestion, increased pollution from vehicles and unsafe conditions forvisitors as a result of the lack of parking and safe alternative transportationoptions such as walking and biking paths, micro-transit services and othermulti-modal transportation services; and
Whereas, The RegionalTransportation Plan of the Tahoe Regional Planning Agency focuses on a strategyof improving transit services, using technology and building more trails andother community enhancements to provide travel options other than the use ofautomobiles for residents, commuters and visitors; and
Whereas, The Director of theNevada State Department of Conservation and Natural Resources and the Secretaryof the California Natural Resources Agency have convened a Bi-State WorkingGroup on Transportationfor Lake Tahoe since 2017, bringing together public and private sector partnersto identify solutions to meet the transportation challenges and achievenecessary transportation investments for the Lake Tahoe Basin; and
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ê2023Statutes of Nevada, Page 3750 (FILE NUMBER 28, ACR5)ê
Transportationfor Lake Tahoe since 2017, bringing together public and private sector partnersto identify solutions to meet the transportation challenges and achievenecessary transportation investments for the Lake Tahoe Basin; and
Whereas, The Lake TahoeTransportation Action Plan, endorsed by the Bi-State Working Group, identifiesthe priority transportation projects in the Lake Tahoe Basin over the next 10years and represents the commitment of the partners in the Bi-State WorkingGroup to funding such projects; and
Whereas, Partners in the Bi-StateWorking Group agreed to pursue a multi-sector funding framework called the“7-7-7” strategy in which federal, state and local or private partners eachseek to contribute $7 million annually to fund the high priority transportationprojects in the Lake Tahoe Basin identified in the Lake Tahoe TransportationAction Plan; and
Whereas, Based on the historicaldivision of responsibilities between the two states for the needs of the LakeTahoe Basin, Nevada’s one-third share of the $7 million state sector targetunder the “7-7-7” strategy is $2.5 million annually and California’s two-thirdsshare is $4.5 million annually; now, therefore, be it
Resolved by the Assembly of the State ofNevada, the Senate Concurring, That the members of the 82ndsession of the Nevada Legislature do hereby recognize and express support forthe Lake Tahoe Transportation Action Plan; and be it further
Resolved, That the members of the82nd session of the Nevada Legislature express support for the funding of highpriority transportation projects in the Lake Tahoe Basin; and be it further
Resolved, That the Chief Clerk ofthe Assembly prepare and transmit a copy of this resolution to the ExecutiveDirector of the Tahoe Regional Planning Agency, the District Manager of theTahoe Transportation District, the Director of the Nevada State Department ofConservation and Natural Resources, the Secretary of the California NaturalResources Agency, the Director of the Nevada Department of Transportation, theDirector of the California Department of Transportation, the Forest Supervisorof the Lake Tahoe Basin Management Unit of the United States Forest Service andeach member of the Nevada Congressional Delegation; and be it further
Resolved, Thatthis resolution becomes effective upon adoption.
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ê2023Statutes of Nevada, Page 3751ê
Senate Resolution No.7–Committee on Legislative Operations and Elections
FILE NUMBER 29
Senate RESOLUTION—Designating certain members of the Senateas regular and alternate members of the Legislative Commission for the2023-2025 biennium.
Resolved by the Senate of the State of Nevada, That,pursuant to the provisions of NRS 218E.150 and the Joint Standing Rules of theLegislature, Senators Nicole Cannizzaro, Dallas Harris, Skip Daly, Ira Hansen,Lisa Krasner and Jeff Stone are designated as the regular Senate members of theLegislative Commission; and be it further
Resolved, That Senators MarilynDondero Loop and Fabian Donate are designated as the first and second alternatemembers, respectively, for Senator Nicole Cannizzaro; Senators Melanie Scheibleand Rochelle Nguyen are designated as the first and second alternate members,respectively, for Senator Dallas Harris; Senators Roberta Lange and JamesOhrenschall are designated as the first and second alternate members,respectively, for Senator Skip Daly; Senators Scott Hammond and Robin L. Titusare designated as the first and second alternate members, respectively, forSenator Ira Hansen; Senators Scott Hammond and Pete Goicoechea are designatedas the first and second alternate members, respectively, for Senator LisaKrasner; and Senators Carrie Ann Buck and Heidi Seevers Gansert are designatedas the first and second alternate members, respectively, for Senator JeffStone; and be it further
Resolved, That the procedure forrequesting an alternate member to replace a regular member during his or herabsence at a meeting must be as follows:
1. TheSecretary of the Legislative Commission shall establish a record of service ofalternate members at meetings of the Legislative Commission and shall maintaina list of the alternate members for each individual Senator or group ofSenators. Each list must contain a numerical designation in ascending order foreach alternate member on the list. The initial sequence in which the alternatemembers must be listed must correspond to their designation as alternates inthis resolution.
2. Ifa regular member of the Legislative Commission is unable to attend a scheduledmeeting of the Legislative Commission and notifies the Secretary of theLegislative Commission, the Secretary shall request the alternate member withthe lowest numerical designation on the appropriate list to replace the regularmember at the meeting. If the alternate member does not agree to serve, theSecretary shall make the same request of the alternate member with the nexthigher numerical designation on the list, and so on through the list until analternate member agrees to replace the regular member.
3. Analternate member who agrees to replace a regular member at a meeting of theLegislative Commission loses the numerical designation he or she had on theappropriate list at the time he or she was requested to serve. The Secretary ofthe Legislative Commission shall, when the alternate member agrees to replacethe regular member, assign to that alternate member the highest numericaldesignation on the appropriate list. At the same time, the Secretary shall alsoreduce by one the numerical designation on the appropriate list to those alternate members whohave higher numerical designations on the appropriate list than the alternatemember who has agreed to serve.
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ê2023Statutes of Nevada, Page 3752 (FILE NUMBER 29, SR7)ê
on theappropriate list to those alternate members who have higher numericaldesignations on the appropriate list than the alternate member who has agreedto serve.
4. Analternate member who is requested to replace a regular member at a meeting ofthe Legislative Commission, but who does not agree to replace the regularmember, does not lose the numerical designation he or she had on theappropriate list at the time of the request.
And beit further
Resolved, That this resolutionbecomes effective upon adoption.
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Assembly Resolution No.9–Committee on Legislative Operations and Elections
FILE NUMBER 30
Assembly RESOLUTION—Designating certain members of theAssembly as regular and alternate members of the Legislative Commission for the2023-2025 biennium.
Resolved by the Assembly of the State of Nevada, That,pursuant to the provisions of NRS 218E.150 and the Joint Standing Rules of theLegislature, the following members of the Assembly are designated regular andalternate members of the Legislative Commission to serve until their successorsare designated: Mr. Steve Yeager, Ms. Sandra Jauregui, Ms. Shea Backus, Mr.C.H. Miller; Mr. Rich DeLong and Ms. Alexis Hansen are designated as theregular Assembly members; Ms. Sarah Peters and Ms. Shannon Bilbray-Axelrod aredesignated as the first and second alternate members, respectively, for Mr.Steve Yeager; Ms. Daniele Monroe-Moreno and Ms. Selena Torres are designated asthe first and second alternate members, respectively, for Ms. Sandra Jauregui;Ms. Elaine Marzola and Ms. Venicia Considine are designated as the first andsecond alternate members, respectively, for Ms. Shea Backus; Mr. Howard Wattsand Ms. Natha Anderson are designated as the first and second alternatemembers, respectively, for Mr. C.H. Miller; Mr. Phillip P.K. O’Neill and Ms.Danielle Gallant are designated as the first and second alternate members,respectively, for Mr. Rich DeLong; and Ms. Jill Dickman and Ms. Melissa Hardyare designated as the first and second alternate members, respectively, for Ms.Alexis Hansen; and be it further
Resolved, That this resolution becomes effective uponadoption.
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ê2023Statutes of Nevada, Page 3753ê
Senate Joint ResolutionNo. 3–Committee on Natural Resources
FILE NUMBER 31
senate Joint RESOLUTION—Urging the United States Bureau ofReclamation to consider certain actions, alternatives and measures for theprotection and management of the Colorado River.
Whereas, The Colorado River is themost vital water source in Nevada and much of the western United States,sustaining the life and livelihood of 7 western states, 22 Indian tribes andMexico; and
Whereas, The Colorado Riversupports the needs of 40 million people in the United States and Mexico,irrigates over 5 million acres of land, generates hydropower for severalmillion people and supports recreational and tourism industries; and
Whereas, Ninety percent ofSouthern Nevada’s water supply comes from the Colorado River via Lake Mead; and
Whereas, Facing unprecedenteddrought and aridification, the Colorado River is in crisis with Lake Meadcurrently at 28 percent capacity; and
Whereas, The Colorado River isalso overallocated with more water committed for use than is available from theColorado River in an average year resulting in a structural deficit in theColorado River; and
Whereas, The seven Colorado River Basin states of Arizona, California, Colorado,Nevada, New Mexico, Utah and Wyoming have yet to reach a consensus on a plan todecrease current water use; and
Whereas, The Federal Governmentintends to take unilateral action regarding the management of the ColoradoRiver if the Colorado River Basin states do not present a reasonable plan forwater management; and
Whereas, The Southern Nevada WaterAuthority and the Colorado River Commission, on behalf of the State of Nevada,have urged all users of the Colorado River in every state and sector to worktogether towards a solution to the water crisis and to reduce water demands toreflect the hydrological reality of the Colorado River Basin; and
Whereas, In August 2022, theSouthern Nevada Water Authority, on behalf of the State of Nevada, submitted aletter to the United States Bureau of Reclamation listing 12 recommendations toaddress the crisis on the Colorado River, including adopting methods to accountfor evaporation and system losses in the Colorado River and investing inlong-term, durable water conservation to permanently reduce the structural deficitin the Colorado River; and
Whereas, In November 2022, the United States Bureau of Reclamation announced itsintention to prepare a supplemental environmental impact statement for theDecember 2007 Record of Decision entitled “Colorado River Interim Guidelinesfor Lower Basin Shortages and Coordinated Operations for Lake Powell and LakeMead”; and
Whereas, In December 2022, theSouthern Nevada Water Authority and the Colorado River Commission, on behalf ofthe State of Nevada, submitted a proposed alternative to the United StatesBureau of Reclamation for consideration in the supplemental environmentalimpact statement process that presented recommendations to address thestructural deficit in the Colorado River; and
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ê2023Statutes of Nevada, Page 3754 (FILE NUMBER 31, SJR3)ê
Whereas, In January 2023,representatives of Nevada joined with the representatives of five otherColorado River Basin states to submit to the United States Bureau ofReclamation a Consensus-Based Modeling Alternative to help stabilize the waterlevels of Lake Mead and Lake Powell and asked the Bureau to consider and modelthe Consensus-Based Modeling Alternative in the supplemental environmentalimpact statement process; and
Whereas, The recommendations ofNevada and the Consensus-Based Modeling Alternative to address the ColoradoRiver crisis present a solid starting point for further discussions on themanagement of the Colorado River; and
Whereas, The current ColoradoRiver crisis is dire but solvable if the Colorado River Basin States, theFederal Government and Mexico cooperate to address the crisis; and
Whereas, Federal money and otherfunding mechanisms can aid with short-term water management and prevent thefuture depletion of the already depleted Colorado River, but the long-termsustainability of the Colorado River system requires the investment ofadditional money to implement permanent reductions in demand for Colorado Riverwater; now, therefore, be it
Resolved by the Senate and Assembly of theState of Nevada, Jointly, That the members of the 82nd Session ofthe Nevada Legislature strongly support the pursuit of a collaboration-basedframework to address the structural deficit in the Colorado River; and be itfurther
Resolved, That the members of the82nd Session of the Nevada Legislature support the inclusion of mechanisms toaccount for evaporation and system losses in the Colorado River in the futuremanagement of the Colorado River; and be it further
Resolved, That the members of the82nd Session of the Nevada Legislature hereby urge the United States Bureau ofReclamation to amend existing federal regulations to prohibit the inefficientdelivery, application or use of any water from the Colorado River by allsectors and users of water from the Colorado River to limit unnecessary waterlosses on the Colorado River; and be it further
Resolved, That the Secretary ofthe Senate prepare and transmit a copy of this resolution to the United StatesSecretary of the Interior, the United States Commissioner of the Bureau ofReclamation and the Nevada Congressional Delegation; and be it further
Resolved, That this resolution becomes effective upon passage.
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ê2023Statutes of Nevada, Page 3755ê
Senate ConcurrentResolution No. 5–Senator Lange
FILE NUMBER 32
SenateConcurrent RESOLUTION—Urging theexpansion of comprehensive cardiovascular screening programs and directing theJoint Interim Standing Committee on Health and Human Services to conduct astudy concerning such programs and certain other matters relating tocardiovascular disease.
Whereas, The Centers for DiseaseControl and Prevention of the United States Department of Health and HumanServices has stated that cardiovascular disease is the leading cause of deathin the United States; and
Whereas, According to the Centersfor Disease Control and Prevention, approximately 20.1 million people have beendiagnosed with atherosclerotic cardiovascular disease and are at risk of acardiovascular event; and
Whereas, The Mayo Clinic hasstated that atherosclerotic cardiovascular disease is linked to cholesterolaccumulating in the arteries and the risk of associated cardiovascular eventsmay be reduced by lowering low-density lipoprotein cholesterol; and
Whereas, According to a reportfrom the American Heart Association, in 2016, nearly 68 million adults in theUnited States had a high level of low-density lipoprotein cholesterol; and
Whereas, TheCenters for Disease Control and Prevention has reported that 47 million peoplein the United States are currently receiving medication to lower their level oflow-density lipoprotein cholesterol and thereby manage their risk of acardiovascular event; and
Whereas, Data from the NationalHealth and Nutrition Examination Survey in 2011-2012 provides that onlyapproximately 20 percent of people with atherosclerotic cardiovascular diseasewho are taking statins, a leading therapy to lower low-density lipoproteincholesterol, are successfully reducing their level of low-density lipoproteincholesterol to a healthy level; and
Whereas, According to the AmericanHeart Association, the total direct and indirect cost of atheroscleroticcardiovascular disease in the United States was $555 billion in 2016 and isprojected to reach $1.1 trillion by 2035; and
Whereas, The Centers for DiseaseControl and Prevention has stated that health care professionals in Nevada havediagnosed 8 percent of adults in this State with a symptom of atheroscleroticcardiovascular disease, including, without limitation, an angina, stroke, heartattack or coronary heart disease; now, therefore, be it
Resolved by the Senate of the State of Nevada,the Assembly Concurring, That the members of the 82nd Session ofthe Nevada Legislature urge state agencies to expand comprehensivecardiovascular screening programs to allow for earlier identification ofpatients at risk of cardiovascular events; and be it further
Resolved, That the members of the82nd Session of the Nevada Legislature urge state agencies to explore ways tocollaborate with federal agencies and national organizations to establish orexpand comprehensive cardiovascular screening programs; and be it further
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ê2023Statutes of Nevada, Page 3756 (FILE NUMBER 32, SCR5)ê
Resolved, Thatthe members of the 82nd Session of the Nevada Legislature urge state agenciesto evaluate programs to improve cardiovascular health which are operating inthis State for the purpose of accelerating improvements in the care rendered topatients at risk of cardiovascular events such that improvements in screening,treatment, monitoring and health outcomes are achieved; and be it further
Resolved, Thatthe members of the 82nd Session of the Nevada Legislature urge the developmentof policies to reduce the number of Americans who die as a result ofatherosclerotic cardiovascular disease; and be it further
Resolved, Thatthe members of the 82nd Session of the Nevada Legislature direct the JointInterim Standing Committee on Health and Human Services to conduct a studyduring the 2023-2024 interim concerning cardiovascular screening programs thatare currently operating in this State, ways for state agencies to collaboratewith federal agencies and private organizations in the evaluation and expansionof such programs and other matters relating to cardiovascular disease; and beit further
Resolved, That the study mustinclude a review of the Get With The Guidelines program of the American HeartAssociation, the degree to which the program has been adopted by healthfacilities in this State and the success of the program where adopted by healthfacilities in this State; and be it further
Resolved, That the study mustconsider the provision of reimbursem*nt under the Medicaid program for theremote monitoring of cardiovascular health; and be it further
Resolved, That the study mustinclude a review of the implementation of Complete Streets Programs pursuant toNRS 403.575 and the identification of gaps in reforms to zoning laws in orderto promote zoning that is more conducive to good cardiovascular health; and beit further
Resolved, That, pursuant tosubsection 4 of NRS 218E.330, the Committee shall submit a report of the studyand any recommendations for legislation to the Director of the LegislativeCounsel Bureau for transmittal to the 83rd Session of the Nevada Legislature;and be it further
Resolved, That the Secretary ofthe Senate prepare and transmit a copy of this resolution to the President ofthe United States, the Vice President of the United States, members of theUnited States House of Representatives and United States Senate and otherfederal and state government officials and agencies as appropriate; and be itfurther
Resolved, That this resolutionbecomes effective upon adoption.
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ê2023Statutes of Nevada, Page 3757ê
Assembly Joint Resolution No. 1 of the 81stSession–Assemblymen Titus, Benitez-Thompson, Krasner; Gorelow, Hafen, Hansen,Hardy, Matthews, Nguyen, Orentlicher, Peters, Summers-Armstrong and Thomas
Joint Sponsors:Senators Hardy, D. Harris, Seevers Gansert; Kieckhefer and Ratti
FILE NUMBER 33
Assembly Joint RESOLUTION—Proposing to amend the Nevada Constitutionto add and revise terms relating to persons with certain conditions for whosebenefit certain public entities are supported by the State.
Legislative Counsel’s Digest:
Section 1 of Article 13 of the Nevada Constitutionrequires that institutions for the benefit of the insane, blind and deaf anddumb be fostered and supported by the State. This joint resolution proposes toamend the Nevada Constitution to replace the term “institutions” with“entities” and to revise the description of the persons who benefit from theseentities from: (1) “insane” to “persons with significant mental illness”; (2)“blind” to “persons who are blind or visually impaired”; and (3) “deaf anddumb” to “persons who are deaf or hard of hearing.” This joint resolution alsoproposes to amend the Nevada Constitution to add entities for the benefit ofpersons with intellectual or developmental disabilities to the types ofentities that shall be fostered and supported by the State.
EXPLANATION – Matter in bolded italics is new; matter betweenbrackets [omitted material] is material to beomitted.
Resolved by the Assembly and Senate of theState of Nevada, Jointly, That Section 1 of Article 13 of theNevada Constitution be amended to read as follows:
Section [.] 1. [Institutions]Entities for thebenefit of [the Insane, Blind and Deaf and Dumb,] persons with significant mental illness, persons who areblind or visually impaired, persons who are deaf or hard of hearing and personswith intellectual disabilities or developmental disabilities, andsuch other benevolent [institutions] entities as the public good may require, shallbe fostered and supported by the State, subject to such regulations as may beprescribed by law.
And beit further
Resolved, That this resolutionbecomes effective upon passage.
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ê2023Statutes of Nevada, Page 3758ê
Senate Resolution No.8–Senator Cannizzaro
FILE NUMBER 34
SENATE RESOLUTION—Adopting new StandingRules of the Senate for the remainder of the 82nd Session of the Legislature.
Resolvedby the Senate of the State of Nevada, That the following SenateStanding Rules are hereby adopted for the remainder of the 82nd Session of theLegislature as follows:
I. OFFICERS AND EMPLOYEES
Duties ofOfficers
Rule No. 1. President.
The President shall take the chair and call the Senateto order precisely at the hour appointed for meeting, and if a quorum ispresent shall cause the Journal of the preceding day to be read. The Presidentshall preserve order and decorum, and in case of any disturbance or disorderlyconduct within the Senate Chamber, shall order the Sergeant at Arms to suppressit, and may order the arrest of any person creating any disturbance within theSenate Chamber. The President may speak to points of order in preference tomembers, rising from the President’s seat for that purpose, and shall decidequestions of order without debate, subject to an appeal to the Senate by twomembers, on which appeal no member may speak more than once without leave ofthe Senate. The President shall sign all acts, addresses and joint resolutions,and all writs, warrants and subpoenas issued by order of the Senate; all ofwhich must be attested by the Secretary. The President has general direction ofthe Senate Chamber.
Rule No. 2. President pro Temporeand Other Presiding Officers.
1. Except asotherwise provided in subsection 2:
(a) The President proTempore has all the power and shall discharge all the duties of the Presidentduring his or her absence or inability to discharge the duties of his or heroffice.
(b) If the President is unwilling to discharge the dutiesof his or her office, the Senate may, by majority vote of the Senate, call uponthe President pro Tempore to serve as the President. Upon such call, the Presidentpro Tempore has all the power and shall discharge all the duties of thePresident during his or her unwillingness to discharge the duties of his or heroffice.
(c) In theabsence or inability of the President pro Tempore to discharge the duties ofthe President’s office, the Chair of the Standing Committee on LegislativeOperations and Elections shall serve as the presiding officer. In the absenceor inability of the Chair, the Vice Chair of the Standing Committee onLegislative Operations and Elections shall serve as the presiding officer. Inthe absence or inability of the Vice Chair of the Standing Committee onLegislative Operations and Elections, the Senate shall elect one of its membersto serve as the presiding officer. A member who is serving as the presidingofficer has all the power and shall dischargeall the duties of the President until the absence or inability which resultedin the member serving as the presiding officer has ended.
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ê2023 Statutesof Nevada, Page 3759 (FILE NUMBER 34, SR 8)ê
discharge all the duties of the President until the absenceor inability which resulted in the member serving as the presiding officer hasended.
2. When thePresident pro Tempore or another member is serving as the presiding officer,the President pro Tempore or other member may vote on any question for which heor she is otherwise qualified to vote as a member. If the Senate is equallydivided on the question, the President pro Tempore or other member may not givean additional deciding vote or casting vote pursuant to Senate Standing RuleNo. 31 or Section 17 of Article 5 of the Nevada Constitution.
Rule No. 3. Secretary.
1. The Secretary of the Senate is electedby the Senate, and shall:
(a) Recruit, interview, select, train andsupervise all staff employed to assist with the work of the Senate.
(b) See that these employees perform theirrespective duties.
(c) Administer the daily business of the Senate,including the provision of staff to its committees.
(d) Adopt such administrative policies as theSecretary deems necessary to carry out the business of the Senate.
(e) Unless otherwise ordered by the Senate,transmit at the end of each working day those bills and resolutions upon whichthe next action is to be taken by the Assembly.
2. The Secretary is responsible to theMajority Leader.
3. The President and the Secretary areauthorized to make any necessary corrections and additions to the finalJournal, Daily History and committee minutes of the Senate.
4. In the absence of the Secretary andsubject to the discretion of the Majority Leader, the Assistant Secretary shallattest all writs, warrants and subpoenas issued by order of the Senate andcertify as to the passage of bills and resolutions; and in the absence of bothofficers, the Majority Leader shall designate a signatory.
5. The Secretary shall have custody ofall bills, resolutions, petitions, papers and other documents, including,without limitation, matters referred to the committees of the Senate.
Rule No. 4. Sergeant at Arms.
The Sergeant at Arms shall:
1. Attend the Senate during its sittings,and execute its commands and all process issued by its authority.
2. Keep the secrets of the Senate.
3. Superintend the upkeep of the Senate’sChamber, private lounge and meeting rooms for committees.
Rule No. 5. Deputy Sergeant at Armsand Assistant Sergeants at Arms.
The Deputy Sergeant at Arms and Assistant Sergeants atArms shall serve as doorkeepers and shall preserve order in the Senate Chamberand shall assist the Sergeant at Arms. The Deputy Sergeant at Arms andAssistant Sergeants at Arms shall keep the secrets of the Senate. In the eventthat the Sergeant at Arms is incapacitated or absent for any reason, the DeputySergeant at Arms shall serve as the Sergeant at Arms until the incapacity orabsence has ended.
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ê2023Statutes of Nevada, Page 3760 (FILE NUMBER 34, SR8)ê
Rule No. 6. Continuation ofLeadership and Standing Rules of the Senate During the Interim Between RegularSessions.
1. Except as otherwise provided insubsections 2, 3 and 4, the tenure of the President pro Tempore, MajorityLeader and Minority Leader extends during the interim between regular sessionsof the Legislature.
2. The President pro Tempore, MajorityLeader and Minority Leader for the next succeeding regular session shallperform any duty that is required of that officer by the Standing Rules of theSenate and the Nevada Revised Statutes in the period between the time of theirdesignation after the general election and the organization of the nextsucceeding regular session.
3. The Majority Leader and MinorityLeader for the next succeeding regular session shall appoint the regular andalternate members to the Committee on Ethics as set forth in Senate StandingRule No. 23.
4. The Majority Leader shall:
(a) Determine the start time of the Senate’sorganizational session.
(b) Refer prefiled bills and resolutions tocommittee, subject to ratification by a majority vote of the members of theSenate once the Senate is organized and ready for business.
(c) Appoint committees during the interimbetween regular sessions of the Legislature for any proper purpose, including,without limitation, taking testimony, compelling the attendance of witnesses,punishing persons or entities for contempt and reporting findings to the nextsession of the Legislature.
5. The Standing Rules of the Senate setforth herein shall remain in full force and effect throughout the interimbetween regular sessions of the Legislature and until new Standing Rules of theSenate are adopted as part of the organization of a newly-constituted Senate atthe commencement of a session, unless a conflict exists with a rule adopted bythe Senate for a special session occurring between regular sessions.
The next rule is 10.
II. SESSIONS AND MEETINGS
Rule No. 10. Time of Meeting.
1. Except as otherwise provided insubsection 2, the President shall call the Senate to order each day of sittingat 11:00 o’clock a.m., unless the Senate has adjourned to some other hour.
2. In the event an emergency occursduring a regular or special session of the Legislature which requires a meetingof the Senate, the Majority Leader shall call the members back to order beforethe hour to which the Senate has adjourned.
Rule No. 11. Call of Senate—Movedby Three Members.
A Call of the Senate may be moved by three Senators,and if carried by a majority of all present, the Secretary shall call the rolland note the absentees, after which the names of the absentees shall again becalled over. The doors shall then be closed and the Sergeant at Arms directed totake into custody all who may be absent without leave, and all Senators sotaken into custody shall be presented at the bar of the Senate for such actionas to the Senate may seem proper.
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ê2023Statutes of Nevada, Page 3761 (FILE NUMBER 34, SR8)ê
Rule No. 12. Absence—LeaveRequired.
No Senator shall absent himself or herself from theservice of the Senate without leave, except in case of accident or sickness,and if any Senator or officer shall so absent himself or herself, the per diemof the Senator shall not be allowed to him or her.
Rule No. 13. Open Meetings.
1. Except as provided in the Constitutionof the State of Nevada and in subsection 2, all meetings of the Senate and itscommittees must be open to the public.
2. A Senate committee meeting may beclosed to consider the character, alleged misconduct, professional competence,or physical or mental health of a person.
Rule No. 14. Convening of Senatebetween Legislative Sessions.
1. The Senate may be convened at any timebetween sessions of the Legislature upon a petition signed by a majority of themembers elected to the Senate to consider and take action on any matter that issolely and exclusively within the constitutional or inherent powers of theSenate, including, without limitation, any matter that may be considered andacted on by the Senate pursuant to its plenary and exclusive constitutionalpowers under Article 4, Section 6 of the Nevada Constitution or pursuant to itsinherent powers of institutional self-protection and self-preservation togovern, control and regulate its membership and its internal organization,affairs and management.
2. A petition convening the Senatepursuant to this Rule must specify the matter that will be considered or actedon by the Senate, indicate a date for the Senate to convene and be transmittedto the Secretary of the Senate. Upon receipt of one or more substantiallysimilar petitions signed, in the aggregate, by a majority of the memberselected to the Senate, the Secretary shall notify all members of the Senatethat the Senate will be convened pursuant to this Rule and the date on whichthe Senate will be convened.
3. The Senate hereby finds and declaresthat:
(a) The Nevada Constitution invests each Houseof the Legislature with certain plenary and exclusive constitutional powerswhich may be exercised only by that House and which cannot be usurped,infringed or impaired by the other House or by any other branch of Nevada’sState Government. (Heller v. Legislature, 120 Nev. 456 (2004); Commissionon Ethics v. Hardy, 125 Nev. 285 (2009); Mason’s Manual of LegislativeProcedure §§ 2-3 & 560-564 (2010) (Mason’s Manual))
(b) Article 4, Section 6 of the NevadaConstitution invests each House with plenary and exclusive constitutionalpowers to govern, control and regulate its membership and its internalorganization, affairs and management, expressly providing that: “Each Houseshall judge of the qualifications, elections and returns of its own members,choose its own officers (except the President of the Senate), determine therules of its proceedings and may punish its members for disorderly conduct, andwith the concurrence of two thirds of all the members elected, expel a member.”
(c) In addition to its plenary and exclusiveconstitutional powers, each House possesses certain inherent powers ofinstitutional self-protection and self-preservation to govern, control and regulateits membership and its internal organization, affairs and management. (In reChapman, 166 U.S. 661, 668 (1897);Mason’s Manual § 2; Luther S.
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ê2023Statutes of Nevada, Page 3762 (FILE NUMBER 34, SR8)ê
166 U.S. 661, 668 (1897); Mason’s Manual § 2; LutherS. Cushing, Elements of the Law & Practice of Legislative Assemblies§ 533 (1856) (Cushing’s Legislative Assemblies))
(d) The inherent powers of each House are considered“so essential to the authority of a legislative assembly, that it cannot wellexist without them; and they are consequently entitled to be regarded asbelonging to every such assembly as a necessary incident.” (Cushing’sLegislative Assemblies § 533)
(e) The inherent powers of each House authorizeit to take all necessary and proper institutional actions that are “recognizedby the common parliamentary law.” (Cushing’s Legislative Assemblies §684)
(f) Thus, it is well established that each Houseis “vested with all the powers and privileges which are necessary andincidental to a free and unobstructed exercise of its appropriate functions.These powers and privileges are derived not from the Constitution; on thecontrary, they arise from the very creation of a legislative body, and arefounded upon the principle of self-preservation.” (Ex parte McCarthy, 29Cal. 395, 403 (1866))
The next rule is 20.
III. DECORUM AND DEBATE
Rule No. 20. Points of Order.
1. If any Senator, in speaking or otherwise,transgresses the rules of the Senate, the President shall, or any Senator may,call him or her to order. If a Senator is so called to order, he or she shallnot proceed without leave of the Senate. If such leave is granted, it must beupon the motion, “That he or she be allowed to proceed in order,” and theSenator shall confine himself or herself to the proposal under considerationand avoid personality.
2. Every ruling on points of order madeby the President is subject to appeal, and a discussion of a question of ordermay be allowed only upon the appeal of two Senators. In all cases of appeal,the question must be, “Shall the ruling of the Chair stand as the judgment ofthe Senate?”
Rule No. 21. Breaches of Decorum.
1. In cases of breaches of decorum orpropriety, any Senator, officer or other person is liable to such censure orpunishment as the Senate may deem proper.
2. If any Senator is called to order foroffensive or indecorous language or conduct, the person calling the Senator toorder shall report the offensive or indecorous language or conduct to thepresiding officer. No member may be held to answer for any language used on thefloor of the Senate if business has intervened before exception to the languagewas taken.
3. Indecorous conduct or boisterous orunbecoming language is not permitted in the Senate Chamber.
Rule No. 22. Portable ElectronicCommunication Devices.
1. A person who is within the SenateChambers shall not engage in a telephone conversation via the use of a portabletelephone when the Senate is convened.
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ê2023Statutes of Nevada, Page 3763 (FILE NUMBER 34, SR8)ê
2. Before entering the Senate Chambers,any person who possesses a portable electronic communication device that emitsan audible alert, such as a ringing or beeping sound, to signal an incomingmessage or call, shall turn the audible alert off. A device that contains anonaudible alert, such as a silent vibration, may be operated in a nonaudiblemanner within the Senate Chambers.
Rule No. 23. Committee on Ethics;Legislative Ethics.
1. The Committeeon Ethics consists of:
(a) Two members of theSenate appointed by the Majority Leader from the majority political party;
(b) One member of theSenate appointed by the Minority Leader from the minority political party; and
(c) Three qualifiedelectors of the State, two of whom are appointed by the Majority Leader and onewho is appointed by the Minority Leader, and none of whom is a present memberof the Legislature or employed by the State of Nevada.
ÊNot more than four members of the Committee may be members of the samepolitical party.
2. The MajorityLeader shall appoint the Chair and Vice Chair of the Committee. The Vice Chairshall serve as the acting Chair if the Chair is unable to serve for any reasonduring the consideration of a specific proposal.
3. The MajorityLeader shall appoint an alternate member with the qualifications set forth inparagraph (a) of subsection 1 and an alternate member with the qualificationsset forth in paragraph (c) of subsection 1. The Minority Leader shall appointan alternate member with the qualifications set forth in paragraph (b) ofsubsection 1 and an alternate member with the qualifications set forth inparagraph (c) of subsection 1. If a member of the Committee is unable to servefor any reason during the consideration of a specific proposal, the alternateappointed with the qualifications from the same paragraph in subsection 1 shallserve as a member of the Committee during the consideration of the specificproposal.
4. A member ofthe Committee is disqualified to serve during the consideration of a specificproposal if:
(a) The member is therequester of advice concerning the question of ethics or conflict of interest,or the member is the subject of the complaint concerning the specific question;or
(b) A reasonable personin the member’s situation could not exercise independent judgment on the matterin question.
5. The members of the Committee shall perform anyduty required in the period between the time of their appointment after thegeneral election and the organization of the next succeeding regular session,or until the Majority Leader or the Minority Leader appoint new members to theCommittee, whichever occurs first.
6. The tenure of the members of theCommittee shall extend during the interim between regular sessions of theLegislature.
7. The Committee:
(a) May hear requests brought by Senators foradvice on specific questions of potential breaches of ethics and conflicts ofinterest; and
(b) Shall hear complaints brought by Senatorsand others on specific questions of alleged breaches of ethics and conflicts ofinterest, including, without limitation,alleged breaches of the Legislative Code of Ethical Standards in the JointStanding Rules.
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ê2023Statutes of Nevada, Page 3764 (FILE NUMBER 34, SR8)ê
without limitation, alleged breaches of the Legislative Codeof Ethical Standards in the Joint Standing Rules.
8. All proceedings held by the Committeeto consider the character, alleged misconduct, professional competence orphysical or mental health of any person on matters of ethics or conflicts ofinterest and all materials related to those proceedings are confidential,unless the person who is the subject of the proceedings requests a publichearing or discloses the content of the proceedings or materials.
9. An individual may file a complaintwhich alleges a breach of ethics or a conflict of interest, including, withoutlimitation, an alleged breach of the Legislative Code of Ethical Standards inthe Joint Standing Rules. If the alleged breach of ethics or conflict ofinterest involves the conduct of more than one person, separate complaints mustbe filed regarding each person. A complaint must be:
(a) Made in writing on a form provided by theLegislative Counsel;
(b) Signed and verified under penalty of perjuryby the individual making the allegation; and
(c) Filed with the Legislative Counsel who shallreview the complaint and any other relevant information and consult with theChair of the Committee or, if the Chair is the subject of the complaint, withthe Vice Chair, to evaluate whether the Committee has jurisdiction and whetheran investigation is warranted in the matter. If it is determined that theCommittee:
(1) Does not have jurisdiction or that aninvestigation is not warranted in the matter, the Legislative Counsel shallsend written notice of the determination to the individual who filed thecomplaint.
(2) Has jurisdiction and an investigationis warranted in the matter, the Legislative Counsel shall send written noticeof the determination and a copy of the complaint to the person who is thesubject of the complaint.
10. Each Legislator is subject, at alltimes, to the Legislative Code of Ethical Standards in the Joint Standing Rulesand, in addition, must determine whether he or she has a conflict of interestupon any matter in question before the Legislator. In determining whether theLegislator has such a conflict of interest, the Legislator should considerwhether the independence of judgment of a reasonable person in his or hersituation upon the matter in question would be materially affected by theLegislator’s:
(a) Acceptance of a gift or loan;
(b) Private economic interest; or
(c) Commitment to a member of his or herhousehold or immediate family.
ÊIn interpreting and applying the provisions of this subsection, it must bepresumed that the independence of judgment of a reasonable person in theLegislator’s situation would not be materially affected by the Legislator’sprivate economic interest or the Legislator’s commitment to a member of his orher household or immediate family where the resulting benefit or detrimentaccruing to the Legislator, or if the Legislator has a commitment to a memberof his or her household or immediate family, accruing to those other persons,is not greater than that accruing to any other member of the general business,profession, occupation or group that is affected by the matter.
11. Except as otherwise provided insubsection 12, if a Legislator knows he or she has a conflict of interestpursuant to subsection 10, the Legislatorshall make a disclosure of the conflict of interest on the record in a meetingof a committee or on the floor of the Senate, as applicable.
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ê2023Statutes of Nevada, Page 3765 (FILE NUMBER 34, SR8)ê
Legislator shall make a disclosure of the conflict ofinterest on the record in a meeting of a committee or on the floor of theSenate, as applicable. Such a disclosure must be entered:
(a) If the Legislator makes the disclosure in ameeting of a committee, in the minutes for that meeting.
(b) If the Legislator makes the disclosure onthe floor of the Senate, in the Journal.
12. If, on one or more prior occasionsduring the current session of the Legislature, a Legislator has made a generaldisclosure of a conflict of interest on the record in a meeting of a committeeor on the floor of the Senate, the Legislator is not required to make thatgeneral disclosure at length again regarding the same conflict of interest if,when the matter in question arises on subsequent occasions, the Legislatormakes a reference on the record to the previous disclosure.
13. In determining whether to abstainfrom voting upon, advocating or opposing a matter concerning which a Legislatorhas a conflict of interest pursuant to subsection 10, the Legislator shouldconsider whether:
(a) The conflict impedes his or her independenceof judgment; and
(b) His or her interest is greater than theinterests of an entire class of persons similarly situated.
14. The provisions of this Rule do notunder any circ*mstances and regardless of any conflict of interest:
(a) Prohibit a Legislator from requesting orintroducing a legislative measure; or
(b) Require a Legislator to take any particularaction before or while requesting or introducing a legislative measure.
15. If a Legislator who is a member of acommittee declares on the record when a vote is to be taken by the committeethat he or she will abstain from voting because of the requirements of thisRule, the necessary quorum to act upon and the number of votes necessary to actupon the matter is reduced as though the Legislator abstaining were not amember of the committee.
16. The standards and procedures setforth in this Rule which govern whether and to what extent a Senator has aconflict of interest, should disclose a conflict of interest or should abstainfrom voting upon, advocating or opposing a matter concerning which the Senatorhas a conflict of interest pursuant to subsection 10:
(a) Are exclusive and are the only standards andprocedures that apply to Senators with regard to such matters; and
(b) Supersede and preempt all other standardsand procedures with regard to such matters,
Êexcept that this subsection does not exempt any Senators from the LegislativeCode of Ethical Standards in the Joint Standing Rules.
17. For purposes of this Rule, “immediatefamily” means a person who is related to the Legislator by blood, adoption ormarriage within the first degree of consanguinity or affinity.
The next rule is 30.
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ê2023Statutes of Nevada, Page 3766 (FILE NUMBER 34, SR8)ê
IV. QUORUM, VOTING,ELECTIONS
Rule No. 30. Recorded Vote—ThreeRequired to Call For.
1. A recorded vote must be taken uponfinal passage of a bill or joint resolution, and in any other case when calledfor by three members. Every Senator within the bar of the Senate shall vote“yea” or “nay” or record himself or herself as “not voting,” unless excused byunanimous vote of the Senate. A Senator who records himself or herself as “notvoting” must make a full and complete disclosure of a conflict of interestpursuant to Senate Standing Rule No. 23.
2. The votes and names of those absent orrecorded as “not voting” and the names of Senators demanding the recorded votemust be entered in the Journal.
Rule No. 31. President toDecide—Tie Vote.
A question is lost by a tie vote, but when the Senateis equally divided on any question except the passage of a bill or jointresolution, the President may give the deciding vote.
Rule No. 32. Manner ofElection—Voting.
1. In all cases of election by theSenate, the vote must be taken viva voce. In other cases, if a vote is to berecorded, it may be taken by oral roll-call or by electronic recording.
2. When a recorded vote is taken, noSenator may:
(a) Vote except when at his or her seat;
(b) Explain his or her vote or discuss thequestion while the voting is in progress; or
(c) Change his or her vote after the result isannounced.
3. The announcement of the result of anyvote must not be postponed.
The next rule is 40.
V. LEGISLATIVE BODIES
Rule No. 40. Standing and SelectCommittees.
1. Except as otherwise provided in SenateStanding Rule No. 23, the Majority Leader shall appoint all standing and selectcommittees and shall determine the majority-minority party composition of allstanding and select committees. Appointments to committees shall be made by theMajority Leader for the majority party members and by the Minority Leader forthe minority party members. The Majority Leader shall designate the Chair andVice Chair of all standing and select committees.
2. The Majority Leader shall referprefiled bills and resolutions to committee, subject to ratification by amajority vote of the Senate once the Senate is organized and ready forbusiness.
3. Except as otherwise provided insubsection 4, the standing and select committees of the Senate and theirrespective jurisdiction for the reference of bills and resolutions are asfollows:
(a) Commerce and Labor, eight members, withjurisdiction over measures affecting primarily titles 52-55 of NRS, andchapters 97-100, 118-119, 119B, 461, 461A, 489, 678A, 678B, 678D, 679A-693A,694A-697, 711 and 712 of NRS, except measures affecting primarily state andlocal revenue.
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ê2023Statutes of Nevada, Page 3767 (FILE NUMBER 34, SR8)ê
(b) Education, seven members, with jurisdictionover measures affecting primarily chapters 353B, 378-380A, 385-386 and 388-399of NRS, except measures affecting primarily state and local revenue.
(c) Finance, eight members, with jurisdictionover measures affecting primarily chapters 1A, 387 and 400 of NRS,appropriations, operating and capital budgets, state and federal budget issuesand bonding, except measures affecting primarily state and local revenue, andover any measures carrying or requiring appropriations and favorably reportedby any other committee.
(d) Government Affairs, five members, withjurisdiction over measures affecting primarily titles 20, 21, 25, 27, 28, 30,36 and 37 of NRS, and chapters 223-228, 232-233I, 234-237, 238-242, 271,277-280, 286-289, 353, 353A, 353C-358, 381, 384, 472, 474, 477, 693B, 709, 710and 720 of NRS, except measures affecting primarily the provisions of theNevada Administrative Procedure Act that govern the adjudication of contestedcases, the Tahoe Regional Planning Compact and the Tahoe Regional PlanningAgency, state and local revenue and state and federal budget issues.
(e) Growth and Infrastructure, five members,with jurisdiction over measures affecting primarily title 44 of NRS, andchapters 403-405, 408, 410, 459A, 476, 480-487, 490 and 701-708 of NRS, exceptmeasures affecting primarily state and local revenue.
(f) Health and Human Services, five members,with jurisdiction over measures affecting primarily titles 38 and 39 of NRS,chapters 439-442 of NRS, NRS 444.002-444.430 and chapters 446-453C, 454-458A,460, 583-585 and 678C of NRS, except measures affecting primarily state andlocal revenue.
(g) Judiciary, eight members, with jurisdictionover measures affecting primarily the provisions of the Nevada AdministrativeProcedure Act that govern the adjudication of contested cases, titles 2-7, 9,11-16 and 41 of NRS, and chapters 1, 2-7, 101-104A, 111-117, 119A, 120, 120A,475, 719, 721 and 722 of NRS, except measures affecting primarily state andlocal revenue.
(h) Legislative Operations and Elections, fivemembers, with jurisdiction over measures affecting primarily titles 17, 24 and29 of NRS, chapters 281-285 of NRS, and the operation of the legislativesession, except measures affecting primarily state and local revenue.
(i) Natural Resources, five members, withjurisdiction over measures affecting primarily titles 26 and 45-50 of NRS,chapters 383, 407 and 407A of NRS, NRS 444.435-444.650, chapters 444A-445D,459, 488, 581, 582 and 586-590 of NRS, and the Tahoe Regional Planning Compactand the Tahoe Regional Planning Agency, except measures affecting primarilystate and local revenue.
(j) Revenue and Economic Development, fivemembers, with jurisdiction over measures affecting primarily title 32 of NRS,chapters 231, 231A, 237A, 271A-274 and 453D of NRS, and state and localrevenue.
4. The Chair ofthe Standing Committee on Finance may assign any portion of a proposedexecutive budget to any of the other standing or select committees of theSenate for review. Upon receiving such an assignment the standing or selectcommittee shall complete its review expeditiously and report its findings andany recommendations to the Standing Committee on Finance for its independentevaluation.
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ê2023Statutes of Nevada, Page 3768 (FILE NUMBER 34, SR8)ê
Rule No. 41. Appointment ofAlternates.
If the Chair or any member of a committee istemporarily unable to perform his or her duties, the Majority Leader shallappoint an alternate of the same political party to serve in the Chair’s or themember’s place for such time as is determined by the Majority Leader.
Rule No. 42. Committee Expenses.
No committee shall employ assistance or incur anyexpense, except by permission of the Majority Leader previously obtained.
Rule No. 43. Duties of Committees.
The several committees shall acquaint themselves withthe interests of the State specially represented by the committee and shallpresent such bills and reports as in their judgment will advance the interestsand promote the welfare of the people of the State.
Rule No. 44. Reserved.
Rule No. 45. Reserved.
Rule No. 46. Forming Committee ofthe Whole.
In forming the Committee of the Whole, the Senator whohas so moved shall name a Chair to preside. All amendments proposed by theCommittee shall be reported by the Chair to the Senate.
Rule No. 47. Rules Applicable toCommittee of the Whole.
The Rules of the Senate shall apply to proceedings inCommittee of the Whole, except that the previous question shall not be ordered,nor the yeas and nays demanded, but the Committee may limit the number of timesthat any member may speak, at any stage of proceedings, during its sitting.Messages may be received by the President while the Committee is sitting; inwhich case the President shall resume the chair and receive the message. Afterreceiving the message, the President shall vacate the chair in favor of theChair of the Committee.
Rule No. 48. Motion to RiseCommittee of the Whole.
A motion that the Committee rise shall always be inorder, and shall be decided without debate.
Rule No. 49. Reference toCommittee.
When a motion is made to refer any subject, and differentcommittees are proposed, the subject may be referred to the committee withjurisdiction over the subject as set forth in Senate Standing Rule No. 40, orto a different committee, upon a majority vote of the members present.
Rule No. 50. Return From Committee.
1. Any bill or other matter referred to acommittee of the Senate must not be withdrawn or ordered taken from thecommittee for consideration by the Senate, for re-referral, or for any otherreason without a majority vote of the Senate, and at least one day’s notice ofthe motion therefor.
2. No such motion is in order:
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ê2023Statutes of Nevada, Page 3769 (FILE NUMBER 34, SR8)ê
(a) If the bill to be withdrawn or ordered takenfrom the committee may no longer be considered by the Senate; or
(b) On the last day of the session, or on theday preceding the last day of the session.
3. This Rule does not take from anycommittee the rights and duties of committees provided for in Senate StandingRule No. 43.
Rule No. 51. Concurrent Referrals.
When a bill or resolution is referred to twocommittees, the bill or resolution must go to the first committee named. If thefirst committee votes to amend the bill or resolution, it must be reprintedwith amendments and then returned to the first committee or sent immediately tothe next committee. If there is no amendment proposed by the first committee,or if the first committee acts upon the bill or resolution after amendment, thebill or resolution must be sent with the committee recommendation to theSecretary for transmittal to the second committee.
Rule No. 52. Reserved.
Rule No. 53. Committee Rules.
1. The rules ofthe Senate, as far as applicable, are the rules of committees of the Senate.Procedure in committees, where not otherwise provided in this Rule, must followthe procedure of the Senate. For matters not included in the rules of theSenate or these rules, Mason’s Manual of Legislative Procedure must befollowed.
2. A majority ofany committee constitutes a quorum for the transaction of business.
3. A meeting of acommittee may not be opened without a quorum present.
4. In addition toregularly scheduled meetings of a committee or those called by the Chair of thecommittee, meetings may be set by a written petition of a majority of thecommittee and filed with the Chair of the committee.
5. A bill may bepassed from a committee only by a majority of the committee membership. Asimple majority of those present and voting is sufficient to adopt committeeamendments.
6. Subcommitteesmay be appointed by the Chair of a committee to consider subjects specified bythe Chair and shall report back to the committee. If a member of a subcommitteeis not a member of the standing or select committee for which the subcommitteeis created, the approval of the Majority Leader is required for that member’sappointment. If a subcommittee is so appointed, the Chair of the committeeshall determine whether the subcommittee shall keep minutes of its meetings.Any minutes required to be kept pursuant to this subsection must comply withthe provisions of subsection 12.
7. A committeeshall act only when together, and all votes must be taken in the presence ofthe committee. A member shall not be recorded as voting unless the member wasactually present in the committee at the time of the vote. The Chair of thecommittee must be present when the committee votes to take any final actions onbills or resolutions, but the Chair is not required to vote. In addition to theuse of remote-technology systems pursuantto Senate Standing Rule No.
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ê2023Statutes of Nevada, Page 3770 (FILE NUMBER 34, SR8)ê
systems pursuant to Senate Standing Rule No. 136, uponapproval of the Majority Leader, a committee may meet together by videoconference or other appropriate remote-technology systems. A member who isactually present in the committee at a posted video conference or other remotelocation is present and in attendance at the meeting for all purposes. A memberwho is participating in a committee meeting with all committee membersparticipating through the use of a remote-technology system pursuant to thedirection of the Majority Leader shall participate in the committee meetingfrom a location other than a committee meeting room. The provisions of thissubsection do not prohibit the prefiling of legislative bills and resolutionson behalf of a committee in the manner prescribed by the LegislativeCommission.
8. All committeeand subcommittee meetings are open to the public, except as otherwise providedin Senate Standing Rule No. 13.
9. Before a Chairof a committee reports a bill or resolution to the Senate, the committee mayreconsider its action. A motion to reconsider must be made by any member whovoted on the action.
10. The Chair of acommittee shall determine the agenda of each meeting of the committee exceptthat a member of the committee may request an item for the agenda bycommunicating with the Chair at least 4 days before the meeting. A majority ofa committee may, by vote, add an item to the agenda of the next regularlyscheduled meeting.
11. Secretaries tocommittees shall give notices of hearings on bills to anyone requesting noticesof particular bills.
12. All committeesshall keep minutes of meetings. The minutes must cover members present andabsent, subjects under discussion, witnesses who appear, committee members’ statementsconcerning legislative intent, action taken by the committee, as well as thevote of individual members on all matters on which a vote is taken. Uponapproval of the Chair, any member may submit to the secretary additionalremarks to be included in the minutes and records of committee meetings. Uponcompletion of the minutes, the Chair will review for approval. At theconclusion of the legislative session, the Secretary of the Senate shalldeliver all minutes and records of committee meetings in his or her possessionto the Research Library of the Legislative Counsel Bureau.
13. In addition tothe minutes, the committee secretary shall maintain a record of all bills,including:
(a) Date bill referred;
(b) Date bill received;
(c) Date set for hearingthe bill;
(d) Date or dates billheard and voted upon; and
(e) Date report prepared.
14. Each committeesecretary shall file the minutes of each meeting with the Secretary of theSenate as soon as practicable after the meeting.
15. All committeeminutes and any subcommittee minutes required to be kept pursuant to subsection6 are open to public inspection upon request and during normal business hours.The official record of the committee meeting is the minutes approved by theChair.
Rule No. 54. Review of State AgencyPrograms.
In addition to or concurrent with committee actiontaken on specific bills and resolutions during a regular session of theLegislature, each standing committee of theSenate is encouraged to plan and conduct a general review of selected programsof state agencies or other areas of public interest within the committee’sjurisdiction.
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ê2023Statutes of Nevada, Page 3771 (FILE NUMBER 34, SR8)ê
standing committee of the Senate is encouraged to plan andconduct a general review of selected programs of state agencies or other areasof public interest within the committee’s jurisdiction.
The next rule is 60.
VI. RULES GOVERNING MOTIONS
A. MotionsGenerally
Rule No. 60. Entertaining.
1. No motion may be debated until it isannounced by the President.
2. By consent of the Senate, a motion maybe withdrawn before amendment or decision.
Rule No. 61. Precedence of Motions.
When a proposal is under debate no motion shall bereceived but the following, which shall have precedence in the order named:
1. To adjourn.
2. For a call ofthe Senate.
3. To recess.
4. To lay on the table.
5. For theprevious question.
6. To postponeto a day certain.
7. To refer tocommittee.
8. To amend.
9. To postponeindefinitely.
ÊThe first three motions shall be decided without debate, and a motion to lay onthe table without question or debate.
Rule No. 62. When Not Entertained.
1. When a motion to postpone indefinitelyhas been decided, it must not be again entertained on the same day.
2. When a proposal has been postponedindefinitely, it must not again be introduced during the session unless thisRule is suspended by a majority vote of the Senate.
3. There must be no reconsideration orrecission of a vote on a motion to postpone indefinitely.
B. ParticularMotions
Rule No. 63. To Adjourn.
A motion to adjourn shall always be in order unless amotion to reconsider a final vote on a bill or resolution or any other actionis pending. The name of the Senator moving to adjourn, and the time when themotion was made, shall be entered in the Journal.
Rule No. 64. Lay on the Table.
A motion to lay on or take from the table shall be carriedby a majority vote.
Rule No. 65. Reserved.
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ê2023Statutes of Nevada, Page 3772 (FILE NUMBER 34, SR8)ê
Rule No. 66. To Strike EnactingClause.
A motion to strike out the enacting clause of a billhas precedence over a motion to refer to committee or to amend. If a motion tostrike out the enacting clause of a bill is carried, the bill is rejected.
Rule No. 67. Division of Proposal.
1. Any Senator may call for a division ofa proposal.
2. A proposal must be divided if theSenate determines it embraces subjects so distinct that if one subject is takenaway, a substantive proposal remains for the decision of the Senate.
3. A motion to strike out and insert mustnot be divided.
Rule No. 68. ToReconsider—Precedence of.
A motion to reconsider has precedence over every othermotion, including a motion to adjourn. A motion to reconsider a final vote on abill or resolution or any other action shall be in order only on the day onwhich the final vote or action is taken and the vote on such a motion toreconsider must be taken on the same day.
Rule No. 69. Explanation of Motion.
Whenever a Senator moves to change the usualdisposition of a bill or resolution, he or she shall describe the subject ofthe bill or resolution and state the reasons for requesting the change in theprocessing of the bill or resolution.
The next rule is 80.
VII. DEBATE
Rule No. 80. Speaking on Proposal.
1. Every Senator who speaks shall, in hisor her place, address “Mr. or Madam President,” in a courteous manner, andshall confine himself or herself to the proposal before the Senate.
2. No Senator may speak:
(a) More than twice during the consideration ofany one question on the same day, except for explanation.
(b) A second time without leave when others whohave not spoken desire the floor.
3. Incidental and subsidiary proposalsarising during debate shall not be considered the same proposal.
Rule No. 81. Previous Question.
The previous question shall not be put unless demandedby three Senators, and it shall be in this form: “Shall the main question beput?” When sustained by a majority of Senators present it shall put an end toall debate and bring the Senate to a vote on the proposal or proposals beforeit, and all incidental proposals arising after the motion was made shall bedecided without debate. A person who is speaking on a proposal shall not whilehe or she has the floor move to put that question.
The next rule is 90.
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ê2023Statutes of Nevada, Page 3773 (FILE NUMBER 34, SR8)ê
VIII. CONDUCT OF BUSINESS
A. Generally
Rule No. 90. Mason’s Manual.
The rules of parliamentary practice contained inMason’s Manual of Legislative Procedure shall govern the Senate in all cases inwhich they are applicable and in which they are not inconsistent with thestanding rules and orders of the Senate, and the Joint Standing Rules of the Senateand Assembly.
Rule No. 91. Suspension of Rule.
No standing rule or order of the Senate shall berescinded or changed without a majority vote of the Senate and one day’s noticeof the motion therefor; but a rule or order may be temporarily suspended for aspecial purpose by a majority vote of the members present. When the suspensionof a rule is called for, and after due notice from the President no objectionis offered, the President can announce the rule suspended and the Senate mayproceed accordingly; but this shall not apply to that portion of SenateStanding Rule No. 109 relating to the third reading of bills, which cannot besuspended.
Rule No. 92. Notices of Bills,Topics and Public Hearings.
Adequate notice shall be provided to the Legislatorsand the public by posting information relative to the bills, topics and publichearings which are to come before committees. Notices shall include the date,time, place and agenda, and shall be posted conspicuously in the LegislativeBuilding and shall be made available to the news media. This requirement ofnotice may be suspended for an emergency by the affirmative vote of a majorityof the committee members appointed.
Rule No. 93. Protest.
Any Senator, or Senators, may protest against theaction of the Senate upon any question, and have such protest entered in theJournal.
Rule No. 94. Privilege of theFloor.
1. Except as otherwise provided insubsection 2, to preserve decorum and facilitate the business of the Senate,only the following persons may be present on the floor of the Senate duringformal sessions:
(a) State officers;
(b) Officers and membersof the Senate;
(c) Employees of theLegislative Counsel Bureau;
(d) Staff of the Senate;and
(e) Members of theAssembly whose presence is required for the transaction of business.
2. Guests ofSenators must be seated in a section of the upper or lower gallery of theSenate Chamber to be specially designated by the Sergeant at Arms. The MajorityLeader may specify special occasions when guests may be seated on the floor ofthe Senate with a Senator.
3. A majority of Senators may authorizethe President to have the Senate Chamber cleared of all persons except Senatorsand officers of the Senate.
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4. The SenateChamber must not beused for any public or private business other than legislative, except bypermission of the Senate.
Rule No. 95. Material Placed onLegislators’ Desks.
1. Only the Sergeant at Arms and officersand employees of the Senate may place papers, letters, notes, pamphlets andother written material upon a Senator’s desk. Such material must contain thename of the Legislator requesting the placement of the material on the desk ora designation of the origin of the material.
2. This Rule does not apply to bookscontaining the legislative bills and resolutions, the daily histories and dailyjournals of the Senate or Assembly, or Legislative Counsel Bureau material.
Rule No. 96. Reserved.
Rule No. 97. Petitions.
The contents of any petition shall be briefly statedby the President or any Senator presenting it. It shall then lie on the tableor be referred, as the President or Senate may direct.
Rule No. 98. Reserved.
Rule No. 99. Peddling, Begging andSoliciting.
1. Peddling, begging and soliciting arestrictly forbidden in the Senate Chambers, and in the lobby, gallery and hallsadjacent thereto.
2. No part of the Senate Chambers may beused for, or occupied by, signs or other devices for any kind of advertising.
3. No part of the hallways adjacent tothe Senate Chambers may be used for, or occupied by, signs or other devices forany kind of advertising for commercial or personal gain.
Rule No. 100. Reserved.
Rule No. 101. Reserved.
Rule No. 102. Objection to Readingof Paper.
Where the reading of any paper is called for, and isobjected to by any Senator, it shall be determined by a vote of the Senate, andwithout debate.
Rule No. 103. Questions Relating toPriority of Business.
All questions relating to the priority of businessshall be decided without debate.
B. Billsand Resolutions
Rule No. 104. Reserved.
Rule No. 105. Reserved.
Rule No. 106. Skeleton Bills.
Skeleton bills may be introduced after the beginningof a session when, in the opinion of the sponsor and the Legislative Counsel,the full drafting of the bill would entail extensive research or be ofconsiderable length. A skeleton bill willbe a presentation of ideas or statements of purpose, sufficient in style andexpression to enable the Legislature and the committee to which the bill may bereferred to consider the substantive merits of the legislation proposed.
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ê2023Statutes of Nevada, Page 3775 (FILE NUMBER 34, SR8)ê
skeleton bill will be a presentation of ideas or statementsof purpose, sufficient in style and expression to enable the Legislature andthe committee to which the bill may be referred to consider the substantivemerits of the legislation proposed.
Rule No. 107. InformationConcerning Bills.
1. Bills introduced may be accompanied byinformation relative to witnesses and selected persons of departments andagencies who should be considered for committee hearings on the proposedlegislation. At the time of or after introduction of a bill, a list ofwitnesses who are proponents of the bill together with their addresses andtelephone numbers may be given to the secretary of the committee to which thebill is referred. This information may be provided by:
(a) The Senator introducing the bill;
(b) The person requesting a committeeintroduction of the bill; or
(c) The Chair of the committee introducing thebill.
2. The secretary of the committee shalldeliver this information to the Chair of the committee to which the bill isreferred. Members of the committee may suggest additional names for witnesses.
3. The Legislator may provide an analysiswhich may describe the intent, purpose, justification and effects of the bill,or any of them.
Rule No. 108. Reserved.
Rule No. 109. Reading of Bills.
1. Every bill must receive three readingsbefore its passage, unless, in case of emergency, this rule is suspended by atwo-thirds vote of the Senate. The reading of a bill is by number, sponsor andsummary.
2. The first reading of a bill is forinformation, and if there is opposition to the bill, the question must be,“Shall this bill be rejected?” If there is no opposition to the bill, or if thequestion to reject is defeated, the bill must then take the usual course.
3. No bill may be referred to committeeuntil once read, nor amended until twice read.
4. The third reading of every bill mustbe by sections.
Rule No. 110. Second ReadingFile—Consent Calendar.
1. All bills reported by committee mustbe placed on a Second Reading File unless recommended for placement on theConsent Calendar.
2. A committee shall not recommend a billfor placement on the Consent Calendar if:
(a) An amendment of the bill is recommended;
(b) It contains an appropriation;
(c) It requires a two-thirds vote of the Senate;or
(d) It is controversial in nature.
3. A bill recommended for placement on theConsent Calendar must be included in the Daily File listed in the Daily Historyof the Senate at least 1 calendar day before it may be considered.
4. A bill must be removed from theConsent Calendar at the request of any Senator, without question or debate. Abill so removed must be immediately placed on the Second Reading File forconsideration in the usual order of business.
5. When the Consent Calendar is called:
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ê2023Statutes of Nevada, Page 3776 (FILE NUMBER 34, SR8)ê
(a) The bills remaining on the Consent Calendarmust be read by number, sponsor and summary, and the vote must be taken ontheir final passage as a group.
(b) No remarks or questions are in order and thebills remaining on the Consent Calendar must be voted upon without debate.
Rule No. 111. Publications.
1. An appropriate number of copies of allbills and resolutions of general interest must be printed for the use of theSenate and Assembly. Such other matter must be printed as may be ordered by theSenate.
2. Bill books will not be prepared forlegislators unless they qualify for and request the service. The service, ifapproved, will be limited to the provision of one full set of bills, journals,histories and indexes for the Senator’s desk in the Senate chamber. Bill bookswill not be prepared for a Senator for individual committees.
3. A Senator may request the provision ofbill book service pursuant to subsection 1 if either:
(a) The Senator has served in the Senate for 10or more years; or
(b) A physical or medical condition requires theSenator to use the bill books rather than viewing bills on a laptop computer.
4. A request for bill book service mustbe made to the Majority Leader of the Senate. If the Majority Leader determinesthat the Senator qualifies for the service, the Majority Leader shall directthe Legislative Counsel Bureau to provide the service.
Rule No. 112. Sponsorship.
1. A Senator may request that his or hername be added as a sponsor of a bill or resolution that is introduced in theSenate if the Senator has submitted to the Secretary of the Senate a statementapproving the request signed by the Senator who introduced the bill orresolution, including, without limitation, submission by electronic means. ASenator may make a request to have his or her name added as a sponsor of:
(a) A resolution of the Senate, at any timeafter the resolution is introduced in the Senate and before the resolution ispassed by the Senate.
(b) A bill or a joint or concurrent resolution:
(1) At any time after the bill orresolution is introduced in the Senate and before the bill or resolution ispassed out of the Senate to the Assembly; and
(2) At any time after the bill or resolutionis returned to the Senate following passage by the Assembly and before the billor resolution is enrolled.
2. A Senator who is a sponsor of a billor resolution that is introduced in the Senate may request that his or her namebe removed as a sponsor of the bill or resolution. A Senator may make a requestto have his or her name removed as a sponsor of:
(a) A resolution of the Senate, at any timeafter the resolution is introduced in the Senate and before the resolution ispassed by the Senate.
(b) A bill or a joint or concurrent resolution:
(1) At any time after the bill orresolution is introduced in the Senate and before the bill or resolution ispassed out of the Senate to the Assembly; and
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(2) At any time after the bill orresolution is returned to the Senate following passage by the Assembly andbefore the bill or resolution is enrolled.
ÊIn such case, if the Senator is the only sponsor of the bill or resolution,another Senator may request that his or her name be added to the bill orresolution as a sponsor without receiving the approval from the originalsponsor.
3. If a Senator makes a request to havehis or her name added or removed as a sponsor of a bill or resolution that wasintroduced in the Senate, the request must be entered in the Journal.
4. If a Senator who is the only sponsorof a bill or resolution that was introduced in the Senate removes his or hername from the bill or resolution while the bill is in the Senate and no otherSenator adds his or her name as the sponsor of the bill or resolution at thetime of the request for removal, no further action on the bill or resolution isallowed for that legislative session.
5. Notwithstanding any provision of theStanding Rules of the Senate or the Joint Rules of the Senate and Assembly, ifall Senators who are primary sponsors or cosponsors of a bill or resolutionremove their names as sponsors of the bill or resolution while the bill orresolution is in the Senate and no other Senator adds his or her name as asponsor of the bill or resolution, the names of the primary joint sponsor orsponsors and the non-primary joint sponsor or sponsors, if any, must be removedfrom the bill or resolution without an amendment.
Rule No. 113. Reading ofBills—General File.
1. Upon reading of bills on the SecondReading File, Senate and Assembly bills reported without amendments must beordered to the General File. Committee amendments reported with bills must beconsidered upon their second reading and such amendments may be adopted by amajority vote of the members present. Bills so amended must be reprinted,engrossed or reengrossed, and ordered to the General File. The File must bemade available to members of the public each day by the Secretary.
2. Any member may move to amend a billduring its reading on the Second Reading File or during its third reading andthe motion to amend may be adopted by a majority vote of the members present.Bills so amended on second reading must be treated the same as bills withcommittee amendments. Any bill so amended upon the General File must bereprinted and engrossed or reengrossed.
3. Committee amendments and all otheramendments must be made available to members of the public after the amendmentsare submitted to the Secretary for processing in order to be considered on theSecond Reading File or the General File.
4. An appropriate number of copies of allamended bills must be printed.
Rule No. 114. Referral of Bill WithSpecial Instructions.
A bill may be referred to committee with specialinstructions to amend at any time before taking the final vote.
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ê2023Statutes of Nevada, Page 3778 (FILE NUMBER 34, SR8)ê
Rule No. 115. Reconsideration ofVote on Bill.
1. A vote may be reconsidered on motionof any member.
2. Motions to reconsider a vote uponamendments to any pending proposal and upon a final vote on a bill orresolution may be made and decided at once.
Rule No. 116. Vetoed Bills.
Bills which have passed the Legislature, and forwardedby letter, to the Senate by the Secretary of State or the Governor and whichare accompanied by a message of the Governor’s disapproval, or veto of thesame, shall become a special order and, at which time, the said message shallbe read, together with the bill or bills so disposed or vetoed; and the messageand bill shall be read without interruption, consecutively, one following theother, and not upon separate occasions; and no such bill or message shall bereferred to any committee, or otherwise acted upon, save as provided by rule,custom and law; that is to say, that immediately following such reading theonly questions (except as hereinafter stated) which shall be put by the Chairis, “Shall the bill pass, notwithstanding the objections of the Governor?” Itshall not be in order, at any time, to vote upon such vetoed bill without thesame having first been read; the merits of the bill itself may be debated andthe only motions entertained after the Chair has stated the question are amotion for “The previous question,” or a motion for “No further consideration”of the vetoed bill.
Rule No. 117. Different Subject NotAdmitted as Amendment.
No subject different from that under considerationshall be admitted as an amendment; and no bill or resolution shall be amendedby incorporating any irrelevant subject matter or by association or annexingany other bill or resolution pending in the Senate, but a substitute may beoffered at any time so long as the original is open to amendment.
Rule No. 118. Joint Resolutions.
1. Joint resolutions must be used toaddress Congress, or either House thereof, or the President of the UnitedStates, or the heads of any of the national departments, or to proposeamendments to the State Constitution. A roll call vote must be taken upon finalpassage of a joint resolution and entered in the Journal.
2. Upon introduction, the reading of ajoint resolution is for informational purposes and referral to committee,unless the joint resolution is rejected or a member moves to immediatelyconsider the joint resolution for final passage. The motion to immediatelyconsider the joint resolution for final passage may be adopted by a majorityvote of the Senate.
3. Committee amendments reported withjoint resolutions may be adopted by a majority vote of the members present.Joint resolutions so amended must be reprinted, engrossed or reengrossed, andordered to the Resolution File.
4. Any member may move to amend a jointresolution and the motion to amend may be adopted by a majority vote of themembers present. Joint resolutions so amended must be treated the same as jointresolutions with committee amendments. Any joint resolution so amended must bereprinted and engrossed or reengrossed, and ordered to the Resolution File.
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ê2023Statutes of Nevada, Page 3779 (FILE NUMBER 34, SR8)ê
5. Committee amendments and all otheramendments must be available to members of the public after the amendments aresubmitted to the Secretary for processing in order to be considered for theResolution File.
6. The Secretary shall make theResolution File available to members of the public each day.
7. A joint resolution proposing anamendment to the State Constitution must be entered in the Journal in itsentirety.
8. An appropriate number of copies of allamended joint resolutions must be printed.
Rule No. 118.2. MemorialResolutions.
Once the sponsor has moved for the adoption of amemorial resolution, not more than one member from each caucus, and, uponrequest of a member of the body and the approval of the Majority Leader, oneadditional member may speak on the resolution.
Rule No. 119. Certain ResolutionsTreated as Motions.
Except as otherwise provided in Senate Standing RulesNos. 118 and 118.2, resolutions must be treated as motions in all proceedingsof the Senate.
Rule No. 119.2. Return From theSecretary of State.
A Senate resolution may be used to request the returnfrom the Secretary of State of an enrolled Senate resolution for furtherconsideration.
C. Orderof Business, Special Orders and Other Matters
Rule No. 120. Order of Business.
1. Roll Call.
2. Prayer and Pledge of Allegiance to theFlag.
3. Reading and Approval of the Journal.
4. Reports of Committees.
5. Messages from the Governor.
6. Messages from the Assembly.
7. Communications.
8. Waivers and Exemptions.
9. Motions, Resolutions and Notices.
10. Introduction, First Reading andReference.
11. Consent Calendar.
12. Second Reading and Amendment.
13. General File and Third Reading.
14. Unfinished Business.
15. Special Orders of the Day.
16. Remarks from the Floor; Introductionof Guests. A Senator may speak under this order of business for a period of notmore than 10 minutes.
Rule No. 121. Privilege.
Any Senator may explain a matter personal to himselfor herself by leave of the President, but the Senator shall not discuss anypending proposal in such explanation.
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ê2023Statutes of Nevada, Page 3780 (FILE NUMBER 34, SR8)ê
Rule No. 122. Reserved.
Rule No. 123. Reserved.
Rule No. 124. Preference to Speak.
When two or more Senators request to speak at the sametime the President shall name the one who may first speak—giving preference,when practicable, to the mover or introducer of the subject underconsideration.
Rule No. 125. Special Order ofBusiness.
The President shall call the Senate to order on thearrival of the time fixed for the consideration of a special order, andannounce that the special order is before the Senate, which shall beconsidered, unless it be postponed by a majority vote of the Senate, and anybusiness before the Senate at the time of the announcement of the special ordershall go to Unfinished Business.
Rule No. 126. Reserved.
Rule No. 127. Reserved.
Rule No. 128. Seniority AmongSenators.
1. The Senate shall determine seniorityamong the Senators as follows:
(a) Credit total continuous service in theSenate first;
(b) Credit total noncontinuous service in theSenate second;
(c) Credit total continuous service in theAssembly third; and
(d) Credit total noncontinuous service in theAssembly fourth.
2. In every case where there are ties,those ties are broken by alphabetical order.
Rule No. 129. Reserved.
D. Contestsof Elections
Rule No. 130. Procedure.
1. The Senate shall not dismiss astatement of contest for want of form if any ground of contest is alleged withsufficient certainty to inform the defendant of the charges he or she isrequired to meet. The following grounds are sufficient, but are not exclusive:
(a) That the election board or any memberthereof was guilty of malfeasance.
(b) That a person who has been declared electedto an office was not at the time of election eligible to that office.
(c) That illegal votes were cast and counted forthe defendant, which, if taken from the defendant, will reduce the number oflegal votes below the number necessary to elect him or her.
(d) That the election board, in conducting theelection or in canvassing the returns, made errors sufficient to change theresult of the election as to any person who has been declared elected.
(e) That the defendant has given, or offered togive, to any person a bribe for the purpose of procuring his or her election.
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ê2023Statutes of Nevada, Page 3781 (FILE NUMBER 34, SR8)ê
(f) That there was a possible malfunction of anyvoting or counting device.
2. The contest must be submitted so faras may be possible upon depositions or by written or oral arguments as theSenate may order. Any party to a contest may take the deposition of any witnessat any time after the statement of contest is filed with the Secretary of Stateand before the contest is finally decided. At least 5 days’ notice must begiven to the prospective deponent and to the other party. If oral statementsare made at any hearing before the Senate or a committee thereof which purportto establish matters of fact, they must be made under oath. Strict rules ofevidence do not apply.
3. The contestant has the burden ofproving that any irregularities shown were of such nature as to establish theprobability that the result of the election was changed thereby. Afterconsideration of all the evidence, the Senate shall declare the defendantelected unless the Senate finds from the evidence that a person other than thedefendant received the greatest number of legal votes, in which case the Senateshall declare that person elected.
E. Remote-TechnologySystems
Rule No. 131. Reserved.
Rule No. 132. Reserved.
Rule No. 133. Reserved.
Rule No. 134. Reserved.
Rule No. 135. Reserved.
Rule No. 136. Authorized Use ofRemote-Technology Systems in Exceptional Circ*mstances.
1. As used in this Rule,“remote-technology system” means any system or other means of communicationthat is:
(a) Approved by the Majority Leader and uses anyelectronic, digital or other similar technology to enable a member of theSenate from a remote location to attend, participate, vote and take any otheraction in any proceedings of the Senate or the Committee of the Whole eventhough the member is not physically present within the Senate Chambers or at ameeting of the Committee of the Whole.
(b) Approved by the chair of a committee, otherthan the Committee of the Whole, and uses any electronic, digital or othersimilar technology to enable a member of the Senate from a remote location toattend, participate, vote and take any other action in any proceedings of thecommittee even though the member is not physically present at a meeting of thecommittee.
2. Upon request by a member of theSenate:
(a) Except as otherwise provided in thisparagraph, the Majority Leader may authorize the member to use aremote-technology system to attend, participate, vote and take any other actionin any proceedings of the Senate or the Committee of the Whole if the MajorityLeader determines that exceptionalcirc*mstances warrant such use by the member.
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ê2023Statutes of Nevada, Page 3782 (FILE NUMBER 34, SR8)ê
that exceptional circ*mstances warrant such use by themember. If the Majority Leader grants such authorization:
(1) It must be entered in the Journal ofthe Senate.
(2) A member who uses a remote-technologysystem to attend or participate in a proceeding of the Senate may not vote onany matter on which a vote is taken in that proceeding unless the member isusing the remote-technology system to attend or participate in the proceedingfrom a location in this State.
(b) The chair of a committee, other than theCommittee of the Whole, with the approval of the Majority Leader, may authorizethe member to use a remote-technology system to attend, participate, vote andtake any other action in any proceedings of the committee if the chair and theMajority Leader determine that exceptional circ*mstances warrant such use bythe member. If the chair grants such authorization, it must be entered in therecords of the committee.
3. Except as otherwise provided insubparagraph (2) of paragraph (a) of subsection 2, if a member of the Senateuses a remote-technology system to attend, participate, vote and take any otheraction in any proceedings pursuant to this Rule, the member shall be deemed tobe present and in attendance at the proceedings for all purposes.
4. For the purposes of voting inproceedings of:
(a) The Committee of the Whole, the Secretary ofthe Senate, or an authorized assistant, shall call the roll of each member whois authorized to use a remote-technology system for the proceedings and, in accordance with theprocedures of the Senate, cause the member’s vote to be entered into the recordfor the purposes of the records of the Committee of the Whole.
(b) A committee, other than the Committee of theWhole, the committee secretary shall call the roll of each member who isauthorized to use a remote-technology system for the proceedings and, inaccordance with the procedures of the committee, cause the member’s vote to beentered into the record for the purposes of the records of the committee.
5. Except as otherwise provided insubsection 7 of Senate Standing Rule No. 53, this Rule supersedes, takesprecedence and controls over any other rule, provision or principle of law tothe extent of any conflict with this Rule.
6. The Senate hereby finds and declaresthat:
(a) The Nevada Constitution invests each Houseof the Legislature with certain plenary and exclusive constitutional powerswhich may be exercised only by that House and which cannot be usurped,infringed or impaired by the other House or by any other branch of Nevada’sState Government. (Heller v. Legislature, 120 Nev. 456(2004); Commissionon Ethics v. Hardy, 125 Nev. 285 (2009); Mason’s Manual of LegislativeProcedure §§ 2-3 & 560-564 (2010) (Mason’s Manual))
(b) Section 6 of Article 4 of the NevadaConstitution invests each House with plenary and exclusive constitutionalpowers to determine the rules of its proceedings and to govern, control andregulate its membership and its internal organization, affairs and management,expressly providing that: “Each House shall judge of the qualifications,elections and returns of its own members, choose its own officers (except thePresident of the Senate), determine the rules of its proceedings and may punish*ts members for disorderly conduct, and with the concurrence of two thirds ofall the members elected, expel a member.”
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ê2023Statutes of Nevada, Page 3783 (FILE NUMBER 34, SR8)ê
(c) In addition to its plenary and exclusiveconstitutional powers, each House possesses certain inherent powers ofinstitutional self-protection and self-preservation to govern, control andregulate its membership and its internal organization, affairs and management.(In re Chapman, 166 U.S. 661, 668 (1897); Mason’s Manual § 2; Luther S. Cushing, Elements of the Law & Practice of Legislative Assemblies § 533 (1856) (Cushing’s Legislative Assemblies))
(d) The inherent powers of each House areconsidered “so essential to the authority of a legislative assembly, that itcannot well exist without them; and they are consequently entitled to beregarded as belonging to every such assembly as a necessary incident.” (Cushing’s Legislative Assemblies § 533)
(e) The inherent powers of each House authorizeit to take all necessary and proper institutional actions that are “recognizedby the common parliamentary law.” (Cushing’s Legislative Assemblies § 684)
(f) Thus, it is well established that each Houseis “vested with all the powers and privileges which are necessary andincidental to a free and unobstructed exercise of its appropriate functions.These powers and privileges are derived not from the Constitution; on thecontrary, they arise from the very creation of a legislative body, and arefounded upon the principle of self-preservation.” (Ex parte McCarthy, 29 Cal. 395, 403 (1866))
(g) Under the Nevada Constitution, there are noconstitutional provisions establishing a particular method for determiningwhether a member of either House is present at legislative proceedings.
(h) The United States Supreme Court has heldthat when there are no constitutional provisions establishing a particularmethod for determining whether a member of a legislative house is present atlegislative proceedings, “it is therefore within the competency of the house toprescribe any method which shall be reasonably certain to ascertain the fact.”(United States v.Ballin, 144 U.S. 1, 6 (1892))
(i) The United States Supreme Court has alsoheld that when a legislative house adopts a rule establishing a reasonablemethod for determining whether a member is present at legislative proceedings,that rule must be given great deference by the courts because:
Neither do the advantages or disadvantages, the wisdom orfolly, of such a rule present any matters for judicial consideration. With thecourts the question is only one of power. The constitution empowers each houseto determine its rules of proceedings. It may not by its rules ignoreconstitutional restraints or violate fundamental rights, and there should be areasonable relation between the mode or method of proceeding established by therule and the result which is sought to be attained. But within theselimitations all matters of method are open to the determination of the house,and it is no impeachment of the rule to say that some other way would bebetter, more accurate, or even more just. It is no objection to the validity ofa rule that a different one has been prescribed and in force for a length oftime. The power to make rules is not one which once exercised is exhausted. Itis a continuous power, always subject to be exercised by the house, and, withinthe limitations suggested, absolute and beyond the challenge of any other bodyor tribunal.
(United States v. Ballin, 144 U.S. 1, 5 (1892))
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ê2023Statutes of Nevada, Page 3784 (FILE NUMBER 34, SR8)ê
7. The Senate hereby exercises itsconstitutional and inherent powers and privileges and adopts this Rule to:
(a) Govern, control and regulate its membershipand its internal organization, affairs and management;
(b) Ensure its institutional self-protection andself-preservation; and
(c) Establish a reasonable method fordetermining whether a member of the Senate is present at legislativeproceedings during exceptional circ*mstances.
The next rule is 140.
IX. LEGISLATIVEINVESTIGATIONS
Rule No. 140. Compensation ofWitnesses.
Witnesses summoned to appear before the Senate, or anyof its committees, shall be compensated as provided by law for witnessesrequired to attend in the courts of the State of Nevada.
And be itfurther
Resolved, That this resolutionbecomes effective upon adoption.
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Senate Resolution No. 9–Senator Cannizzaro
FILE NUMBER 35
Senate RESOLUTION—Expressing appreciation to the staff ofthe Senate for their service during the 82nd Session of the Nevada Legislature.
Whereas, Each legislative session the Senate elects an officerto serve as the Parliamentarian and Chief Administrative Officer of the Senate;and
Whereas, The Senate of the 82nd Session of the NevadaLegislature elected Brendan Bucy to serve as Secretary of the Senate for thefirst time; and
Whereas, The Secretary of the Senate is responsible foremploying all of the staff of the Senate, including the Sergeants at Arms,Front Desk Clerks, Administrative Services Staff, Leadership Officers,Legislative Assistants, Committee Managers, Committee Secretaries andProofreaders; and
Whereas, Many of the dedicatedmembers of the staff of the Senate return to work each legislative session,some of whom have retired from other governmental service, bringing a vastamount of knowledge and experience, while others bring talent and expertisefrom a myriad of diverse backgrounds; and
Whereas, Throughout the legislative session, the Secretary andstaff of the Senate meticulously maintained a thorough and accurate record ofall of the proceedings of the Senate and its Committees and diligently ensuredthat all of the needs of the members of the Senate were met; and
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ê2023Statutes of Nevada, Page 3785 (FILE NUMBER 35, SR9)ê
Whereas, The talented staff who worked for the Senate duringthe 82nd Session of the Nevada Legislature carried out their responsibilitieswith ingenuity, enthusiasm and resourcefulness; and
Whereas, The exemplary service of the staff of the Senate,their professional attitudes, selfless commitment to excellence and admirableefficiency enabled the Senate to complete a daunting quantity of work withinthe rigorous scheduling deadlines of the 120-day legislative session; now, therefore, be it
Resolved by the Senate of the State of Nevada, Thatthe members of the Senate do herebyexpress their sincere appreciation to the Secretary of the Senate and all ofthe outstanding members of the staff of the Senate and commend theirdedication, cooperation, excellent work and willingness to serve the State; and be it further
Resolved, That the Secretary ofthe Senate prepare and transmit a copy of this resolution to each member of thestaff of the Senate; and be it further
Resolved, That this resolutionbecomes effective upon adoption.
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Assembly ConcurrentResolution No. 8–Committee on Legislative Operations and Elections
FILE NUMBER 36
AssemblyConcurrent RESOLUTION—Grantingadministrative leave to legislative employees in recognition of their serviceto the 82nd Session of the Nevada Legislature.
Whereas, The staff of the NevadaLegislature and the Administrative, Audit, Fiscal Analysis, Legal and ResearchDivisions of the Legislative Counsel Bureau provide services to the Legislaturewhich are vital to an efficient and productive session of the NevadaLegislature; and
Whereas, The additional employeeshired specifically for the legislative session also provide essential serviceswith dedication, competence and enthusiasm throughout the long days of thesession; and
Whereas, Extraordinary demands areroutinely placed on legislative employees as a result of the time constraintsof the 120-day limitation on the length of the legislative session, and theentire legislative staff has demonstrated their amazing work ethic and abilityto overcome obstacles, meet deadlines, assist legislators, exhibit patience,flexibility and dedication; and
Whereas, Former Assemblyman BobPrice and Former Senator Debbie Smith had a tradition of introducinglegislation to allow the Legislature to recognize the hard work and dedicationof legislative employees by granting administrative leave following eachlegislative session; and
Whereas, In keeping with thattradition, the members of the 82nd session of the Nevada Legislature do herebyrecognize and express their sincere gratitude for the outstanding effort madeby the permanent employees of the Legislature and Legislative Counsel Bureauand by all other employees hired temporarily for the legislative session; now,therefore, be it
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ê2023Statutes of Nevada, Page 3786 (FILE NUMBER 36, ACR8)ê
Resolved by the Assembly of the State ofNevada, the Senate Concurring, That 5 days of administrative leaveare hereby granted to each:
1. Permanentemployee of the Legislature and Legislative Counsel Bureau who is employed onthe last day of session; and
2. Employeeof the Legislature and Legislative Counsel Bureau hired temporarily for thelegislative session who:
(a) Isemployed by the Legislature or Legislative Counsel Bureau on the last day ofthis session; and
(b) Ifrequested to do so by the employee’s supervisor, remains in that employmentafter the last day of this session until all tasks assigned to the employeeduring the session are completed; and be it further
Resolved, Thatthis resolution becomes effective upon adoption.
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Assembly Resolution No. 10–Assemblyman Yeager
FILE NUMBER 37
Assembly RESOLUTION—Expressing appreciation to the staff ofthe Assembly for their service during the 82nd Session of the NevadaLegislature.
Whereas, Each legislative session the Assembly elects anofficer to serve as the Parliamentarian and Chief Administrative Officer of theAssembly; and
Whereas, The Assembly of the 82nd Session of the NevadaLegislature elected Susan Furlong to serve as Chief Clerk for the ninth time;and
Whereas, The Chief Clerk has attended each daily session of theAssembly and has read each bill and resolution to the body; and
Whereas, The Chief Clerk is responsible for employing all ofthe staff of the Assembly, including the Sergeants at Arms, Front Desk Staff,Personal Attaches, Committee Services Staff, Administrative Services Staff andother attaches; and
Whereas, Many of the dedicatedmembers of the staff of the Assembly return to work each legislative session,some of whom have retired from other governmental service, bringing a vastamount of knowledge and experience, while others bring talent and expertisefrom a myriad of diverse backgrounds; and
Whereas, Completing the work of the Legislature within theconstitutionally mandated 120-day limit is always a daunting task; and
Whereas, Despite unprecedented challenges, the Chief Clerk,with her able and dedicated staff, meticulously maintained a thorough andaccurate record of all of the proceedings of the Assembly and its Committeesand diligently ensured that all of the needs of the members of the Assemblywere met; and
Whereas, The extraordinary staff who served the Assembly duringthe 82nd Session of the Nevada Legislature carried out their responsibilitieswith enthusiasm, resourcefulness, and perseverance; and
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ê2023Statutes of Nevada, Page 3787 (FILE NUMBER 37, AR10)ê
Whereas, Throughout the legislative session, the staff of theAssembly maintained their exemplary standards of professionalism and expertisein performing the many functions that enable the Assembly to complete its work; now, therefore, be it
Resolved by the Assembly of the State ofNevada, That the members ofthe Assembly do hereby express their sincere appreciation to the Chief Clerkand all of the outstanding members of the staff of the Assembly and commendtheir dedication, cooperation, excellent work and willingness to serve theState; and be it further
Resolved, That the Chief Clerk ofthe Assembly prepare and transmit a copy of this resolution to each member ofthe staff of the Assembly; and be it further
Resolved, That this resolutionbecomes effective upon adoption.
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Assembly Resolution No.11–Assemblymen Yeager, Jauregui and O’Neill
FILE NUMBER 38
Assembly RESOLUTION—Expressing appreciation to Lucinda “Cindy” Benjaminfor her many years of service to the Nevada Assembly.
Whereas, The demands placed onlegislative staff as they support lawmakers during Nevada’s bienniallegislative sessions are rigorous and oftentimes extraordinary; and
Whereas, Lucinda “Cindy” Benjamin roseto face this challenge for a total of 16 regular sessions and countless specialsessions, demonstrating her dedication by making the long commute from her homein Schurz, Nevada, for many years; and
Whereas, Cindy Benjamin began herlegislative career in 1973 as a committee secretary for the Assembly Committeeon Taxation, never dreaming that life would lead her back to the Assembly someyears later; and
Whereas, Cindy and her familylater moved to southern California, where Cindy earned a Bachelor of Sciencedegree in Business Administration from La Verne University before returning toNevada; and
Whereas, Cindy has witnessed tremendousgrowth and change in the Legislative Branch over the course of her career, froma time when the bill histories so essential to following the legislativeprocess were compiled on small strips of paper, taped together at the end ofthe day and delivered to the State Printer, to the sophisticated technology weenjoy today; and
Whereas, Applying her unceasinglypatient attention to detail, Cindy has served as the Assembly History Clerk fora total of 14 regular sessions, recording many thousands of accurate historyactions during that time and creating an exceptional record of legislativeproceedings that will be looked to for untold years to come; and
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ê2023Statutes of Nevada, Page 3788 (FILE NUMBER 38, AR11)ê
Whereas, Owing to her intelligent wayof spotting critical inaccuracies in the legislative work at hand, Cindy isregarded for her meticulousness and has rightfully earned the nickname“Eagle-eye Benjamin”; and
Whereas, Cindy’s wealth of experience and generosity in sharingher knowledge has made her an invaluable support to her colleagues, and herfar-reaching knowledge of Assembly history and processes has fortified thecollective knowledge of the Front Desk staff; and
Whereas, With a calm and gentle nature,Cindy has been a constant comfort to those around her, especially during themost frantic moments of session, and she has been a delight to work with forthese many years; and
Whereas, Upon closing out her careerwith the Assembly, Cindy will return to her life as a talented artist, weavingexquisite baskets from willow, pine needles and horsehair; beading colorfuljewelry of fine detail; sewing and beading garments from deer hide she tannedherself; and painting pictures that take your breath away; and
Whereas, As a proud member of the Walker River Paiute Tribe,Cindy intends to continue investing her free time cultivating the deep love shecarries for her heritage by learning the language of her ancestors; now, therefore, be it
Resolved by the Assembly of the State ofNevada, That the members ofthe Assembly and her fellow colleagues on the Front Desk do hereby expresstheir deepest appreciation to Cindy Benjamin upon her retirement and bid hertheir warmest farewell in the language of her heritage: Boone dwa—seeyou next time; and be it further
Resolved, That the Chief Clerk ofthe Assembly prepare and transmit a copy of this resolution to Lucinda Benjamin;and be it further
Resolved, That this resolutionbecomes effective upon adoption.
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