[Rev. 8/25/2020 1:25:00 PM]
κ2020 Statutes of Nevada, 32nd Special Session, Page 115κ
RESOLUTIONS AND MEMORIALS
________
Senate Resolution No. 1Senator Cannizzaro
FILE NUMBER 1
SENATE RESOLUTION — Adopting the Rules of the Senate for the 32nd Special Session of the Nevada Legislature.
Resolved by the Senate of the State of Nevada, That the following Rules of the Senate for the 32nd Special Session of the Legislature are hereby adopted:
I. APPLICABILITY
Rule No. 1. Generally.
The Rules of the Senate for the 32nd Special Session of the Legislature are applicable only during the 32nd Special Session of the Legislature.
II. OFFICERS AND EMPLOYEES
Duties of Officers
Rule No. 2. President.
The President shall take the chair and call the Senate to order precisely at the hour appointed for meeting. The President shall preserve order and decorum, and in case of any disturbance or disorderly conduct within the Senate Chamber, shall order the Sergeant at Arms to suppress it, and may order the arrest of any person creating any disturbance within the Senate Chamber. The President may speak to points of order in preference to members, rising from the Presidents seat for that purpose, and shall decide questions of order without debate, subject to an appeal to the Senate by two members, on which appeal no member may speak more than once without leave of the Senate. The President shall sign all acts, addresses and joint resolutions, and all writs, warrants and subpoenas issued by order of the Senate; all of which must be attested by the Secretary. The President has general direction of the Senate Chamber.
Rule No. 3. President pro Tempore and Other Presiding Officers.
1. Except as otherwise provided in subsection 2:
(a) The President pro Tempore has all the power and shall discharge all the duties of the President during his or her absence or inability to discharge the duties of his or her office.
(b) If the President is unwilling to discharge the duties of his or her office, the Senate may, by majority vote of the Senate, call upon the President pro Tempore to serve as the President. Upon such call, the President pro Tempore has all the power and shall discharge all the duties of the President during his or her unwillingness to discharge the duties of his or her office.
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President pro Tempore has all the power and shall discharge all the duties of the President during his or her unwillingness to discharge the duties of his or her office.
(c) In the absence or inability of the President pro Tempore to discharge the duties of the Presidents office, the Senate shall elect one of its members as the presiding officer for that occasion. A member who is serving as the presiding officer has all the power and shall discharge all the duties of the President until the absence or inability which resulted in the member serving as the presiding officer has ended.
2. When the President 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 he or she is otherwise qualified to vote as a member. If the Senate is equally divided on the question, the President pro Tempore or other member may not give an additional deciding vote or casting vote pursuant to Senate Rule No. 14 of the 32nd Special Session or Section 17 of Article 5 of the Nevada Constitution.
Rule No. 4. Secretary.
1. The Secretary of the Senate is elected by the Senate, and shall:
(a) Recruit, interview, select, train and supervise all staff employed to assist with the work of the Senate.
(b) See that these employees perform their respective duties.
(c) Administer the daily business of the Senate, including the provision of staff as needed.
(d) Adopt such administrative policies as the Secretary deems necessary to carry out the business of the Senate.
(e) Unless otherwise ordered by the Senate, transmit as soon as practicable those bills and resolutions upon which the next action is to be taken by the Assembly.
2. The Secretary is responsible to the Majority Leader.
3. The President and the Secretary are authorized to make any necessary corrections and additions to the final Journal, Daily History and committee minutes of the Senate.
4. In the absence of the Secretary and subject to the direction of the Majority Leader, the Assistant Secretary shall attest all writs, warrants and subpoenas issued by order of the Senate and certify as to the passage of Senate bills and resolutions; and in the absence of both officers, the Majority Leader shall designate a signatory.
Rule No. 5. 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 Senates Chamber, private lounge and meeting rooms for committees.
Rule No. 6. Deputy Sergeant at Arms and Assistant Sergeants at Arms.
The Deputy Sergeant at Arms and Assistant Sergeants at Arms shall serve as doorkeepers and shall preserve order in the Senate Chamber and shall assist the Sergeant at Arms. The Deputy Sergeant at Arms and Assistant Sergeants at Arms shall keep the secrets of the Senate. In the event that the Sergeant at Arms is incapacitated or absent for any reason, the Deputy Sergeant at Arms shall serve as the Sergeant at Arms until the incapacity or absence has ended.
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event that the Sergeant at Arms is incapacitated or absent for any reason, the Deputy Sergeant at Arms shall serve as the Sergeant at Arms until the incapacity or absence has ended.
III. SESSIONS AND MEETINGS
Rule No. 7. Call of Senate — Moved by Three Members.
1. 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 roll and note the absentees, after which the names of the absentees shall again be called over. The doors shall then be closed and the Sergeant at Arms directed to take into custody all who may be absent without leave, and all Senators so taken into custody shall be presented at the bar of the Senate for such action as the Senate may deem proper.
2. In the event an emergency occurs during a special session of the Legislature which requires a meeting of the Senate, the Majority Leader shall call the members back to order before the hour to which the Senate has adjourned.
Rule No. 8. Absence — Leave Required.
No Senator shall absent himself or herself from the service of the Senate without leave, except in case of accident or sickness, and if any Senator or officer shall so absent himself or herself, his or her per diem shall not be allowed.
Rule No. 9. Open Meetings.
1. Except as otherwise provided in the Constitution of the State of Nevada and in subsection 2, all meetings of the Senate and the Committee of the Whole or a standing committee must be open to the public.
2. A meeting may be closed to consider the character, alleged misconduct, professional competence, or physical or mental health of a person.
IV. DECORUM AND DEBATE
Rule No. 10. 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 shall not proceed without leave of the Senate. If such leave is granted, it must be upon the motion, That he or she be allowed to proceed in order, and the Senator shall confine himself or herself to the question under consideration and avoid personality.
2. Every decision of points of order made by the President is subject to appeal, and a discussion of a question of order may be allowed only upon the appeal of two Senators. In all cases of appeal, the question must be, Shall the decision of the Chair stand as the judgment of the Senate?
Rule No. 11. Breaches of Decorum.
1. In cases of breaches of decorum or propriety, any Senator, officer or other person is liable to such censure or punishment as the Senate may deem proper.
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2. If any Senator is called to order for offensive or indecorous language or conduct, the person calling the Senator to order shall report the offensive or indecorous language or conduct to the presiding officer. No member may be held to answer for any language used on the floor of the Senate if business has intervened before exception to the language was taken.
3. Indecorous conduct or boisterous or unbecoming language is not permitted in the Senate Chamber.
Rule No. 11.5. Legislative Ethics.
1. Each Legislator is subject, at all times, to the Legislative Code of Ethical Standards in the Joint Standing Rules and, in addition, must determine whether he or she has a conflict of interest upon any matter in question before the Legislator. In determining whether the Legislator has such a conflict of interest, the Legislator should consider whether the independence of judgment of a reasonable person in his or her situation upon the matter in question would be materially affected by the Legislators:
(a) Acceptance of a gift or loan;
(b) Private economic interest; or
(c) Commitment to a member of his or her household or his or her immediate family.
Κ In interpreting and applying the provisions of this subsection, it must be presumed that the independence of judgment of a reasonable person in the Legislators situation would not be materially affected by the Legislators private economic interest or the Legislators commitment to a member of his or her household or immediate family where the resulting benefit or detriment accruing to the Legislator, or if the Legislator has a commitment to a member of 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.
2. Except as otherwise provided in subsection 3, if a Legislator knows he or she has a conflict of interest pursuant to subsection 1, the Legislator shall make a general disclosure of the conflict of interest on the record in a meeting of a committee or on the floor of the Senate, as applicable. Such a disclosure must be entered:
(a) If the Legislator makes the disclosure in a meeting of a committee, in the minutes for that meeting.
(b) If the Legislator makes the disclosure on the floor of the Senate, in the Journal.
3. If, on one or more prior occasions during the current session of the Legislature, a Legislator has made a general disclosure of a conflict of interest on the record in a meeting of a committee or on the floor of the Senate, the Legislator is not required to make that general disclosure at length again regarding the same conflict of interest if, when the matter in question arises on subsequent occasions, the Legislator makes a reference on the record to the previous disclosure.
4. In determining whether to abstain from voting upon, advocating or opposing a matter concerning which a Legislator has a conflict of interest pursuant to subsection 1, the Legislator should consider whether:
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(a) The conflict impedes his or her independence of judgment; and
(b) His or her interest is greater than the interests of an entire class of persons similarly situated.
5. The provisions of this Rule do not under any circumstances and regardless of any conflict of interest:
(a) Prohibit a Legislator from requesting or introducing a legislative measure; or
(b) Require a Legislator to take any particular action before or while requesting or introducing a legislative measure.
6. If a Legislator who is a member of a committee declares on the record when a vote is to be taken by the committee that he or she will abstain from voting because of the requirements of this Rule the necessary quorum to act upon and the number of votes necessary to act upon the matter is reduced as though the Legislator abstaining were not a member of the committee.
7. The standards and procedures set forth in this Rule which govern whether and to what extent a Senator has a conflict of interest, should disclose a conflict of interest or should abstain from voting upon, advocating or opposing a matter concerning which the Senator has a conflict of interest pursuant to subsection 1:
(a) Are exclusive and are the only standards and procedures that apply to Senators with regard to such matters; and
(b) Supersede and preempt all other standards and procedures with regard to such matters,
Κ except that this subsection does not exempt any Senators from the Legislative Code of Ethical Standards in the Joint Standing Rules.
8. For purposes of this Rule, immediate family means a person who is related to the Legislator by blood, adoption or marriage within the first degree of consanguinity or affinity.
V. QUORUM, VOTING, ELECTIONS
Rule No. 12. Action Required to Be Taken in Senate Chamber.
Any action taken by the Senate must be taken in the Senate Chamber.
Rule No. 13. Recorded Vote — Three Required to Call For.
1. A recorded vote must be taken upon final passage of a bill or joint resolution, and in any other case when called for 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 by unanimous vote of the Senate.
2. The votes and names of those absent or recorded as not voting and the names of Senators demanding the recorded vote must be entered in the Journal.
Rule No. 14. President to Decide — Tie Vote.
A question is lost by a tie vote, but when the Senate is equally divided on any question except the passage of a bill or joint resolution, the President may give the deciding vote.
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Rule No. 15. Manner of Election — Voting.
1. In all cases of election by the Senate, the vote must be taken viva voce. In other cases, if a vote is to be recorded, it may be taken by oral roll-call or by electronic recording.
2. When a recorded vote is taken, no Senator may:
(a) Vote except when at his or her seat;
(b) Explain his or her vote or discuss the question while the voting is in progress; or
(c) Change his or her vote after the result is announced.
3. The announcement of the result of any vote must not be postponed.
VI. LEGISLATIVE BODIES
Rule No. 16. Committee of the Whole.
1. All bills and resolutions may be referred only to the Committee of the Whole or to such standing committee as may be appointed pursuant to Senate Rule No. 16.5 of the 32nd Special Session of the Legislature.
2. The Majority Leader shall preside as Chair of the Committee of the Whole or name a Chair to preside.
3. Any meeting of the Committee of the Whole may be conducted outside the Senate Chamber, as designated by the Chair of the Committee.
4. A member of the Committee of the Whole may speak on an item listed on the Committees agenda, for a period of not more than 10 minutes, unless he or she is granted leave of the Chair to speak for a longer period. If a member is granted leave to speak for a longer period, the Chair may limit the length of additional time that the member may speak.
5. The Chair may require any vote of the Committee of the Whole to be recorded in the manner designated by the Chair.
6. All amendments proposed by the Committee of the Whole:
(a) Must first be approved by the Committee.
(b) Must be reported by the Chair to the Senate.
7. The minutes of the Committees meetings must be entered in the final Journal.
Rule No. 16.5. Standing Committees.
In addition to the Committee of the Whole, such standing committees may be appointed by the Majority Leader as may be deemed necessary.
Rule No. 17. Rules Applicable to Standing Committees and Committee of the Whole.
The Rules of the Senate shall apply to proceedings in the Committee of the Whole and such standing committees as may be appointed, except that the previous question shall not be ordered nor the yeas and nays demanded, but the Chair may limit the number of times that any member may speak, at any stage of proceedings, during its sitting. Messages may be received by the President while the Committee is sitting; in which case the President shall resume the chair and receive the message. After receiving the message, the President shall vacate the chair in favor of the Chair of the Committee. The rules of parliamentary practice contained in Masons Manual of Legislative Procedure shall govern such committees in all cases in which they are applicable and in which they are not inconsistent with the rules and orders of the Senate.
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Manual of Legislative Procedure shall govern such committees in all cases in which they are applicable and in which they are not inconsistent with the rules and orders of the Senate.
Rule No. 18. Motion to Rise Committee of the Whole.
A motion that the Committee of the Whole rise shall always be in order, and shall be decided without debate.
VII. RULES GOVERNING MOTIONS
A. Motions Generally
Rule No. 19. Entertaining.
1. No motion may be debated until it is announced by the President.
2. By consent of the Senate, a motion may be withdrawn before amendment or decision.
Rule No. 20. Precedence of Motions.
When a question is under debate, no motion shall be received but the following, which shall have precedence in the order named:
1. To adjourn.
2. For a call of the Senate.
3. To recess.
4. To lay on the table.
5. For the previous question.
6. To postpone to a day certain.
7. To refer to committee.
8. To amend.
9. To postpone indefinitely.
Κ The first three motions shall be decided without debate and a motion to lay on the table without question or debate.
Rule No. 21. When Not Entertained.
1. When a motion to postpone indefinitely has been decided, it must not be again entertained on the same day.
2. When a question has been postponed indefinitely, it must not again be introduced during the Special Session unless this Rule is suspended by a majority vote of the Senate.
3. There must be no reconsideration or rescission of a vote on a motion to postpone indefinitely.
B. Particular Motions
Rule No. 22. To Adjourn.
A motion to adjourn shall always be in order unless a motion to reconsider a final vote on a bill or resolution or any other action is pending. The name of the Senator moving to adjourn, and the time when the motion was decided, shall be entered in the Journal.
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Rule No. 23. Lay on the Table.
A motion to lay on or take from the table shall be carried by a majority vote.
Rule No. 24. To Strike Enacting Clause.
A motion to strike out the enacting clause of a bill has precedence over a motion to refer to committee or to amend. If a motion to strike out the enacting clause of a bill is carried, the bill is rejected.
Rule No. 25. Division of Question.
1. Any Senator may call for a division of a question.
2. A question must be divided if the Senate determines it embraces subjects so distinct that if one subject is taken away, a substantive proposition remains for the decision of the Senate.
3. A motion to strike out and insert must not be divided.
Rule No. 26. Explanation of Motion.
Whenever a Senator moves to change the usual disposition of a bill or resolution, he or she shall describe the subject of the bill or resolution and state the reasons for requesting the change in the processing of the bill or resolution.
VIII. DEBATE
Rule No. 27. Speaking on Question.
1. Every Senator who speaks shall, seated in his or her place, address Mr. or Madam President, in a courteous manner, and shall confine himself or herself to the question before the Senate.
2. Except as otherwise provided in Senate Rules Nos. 10 and 45 of the 32nd Special Session, a Senator may speak only once on a question before the Senate, for a period of not more than 10 minutes, unless he or she is granted leave of the President to speak for a longer period or more than once. If a Senator is granted leave to speak for a longer period or more than once, the President may limit the length of additional time that the member may speak.
3. Incidental and subsidiary questions arising during debate shall not be considered the same question.
Rule No. 28. Previous Question.
The previous question shall not be put unless demanded by three Senators, and it shall be in this form: Shall the main question be put? When sustained by a majority of Senators present, it shall put an end to all debate and bring the Senate to a vote on the question or questions before it, and all incidental questions arising after the motion was made shall be decided without debate. A person who is speaking on a question shall not while he or she has the floor move to put that question.
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IX. CONDUCT OF BUSINESS
A. Generally
Rule No. 29. Masons Manual.
The rules of parliamentary practice contained in Masons Manual of Legislative Procedure shall govern the Senate in all cases in which they are applicable and in which they are not inconsistent with the rules and orders of the Senate for the 32nd Special Session of the Legislature, and the Joint Rules of the Senate and Assembly for the 32nd Special Session of the Legislature.
Rule No. 30. Suspension, Rescission or Change of Rule.
No rule or order of the Senate for the 32nd Special Session of the Legislature shall be suspended, rescinded or changed without a majority vote of the Senate.
Rule No. 31. Protest.
Any Senator, or Senators, may protest against the action of the Senate upon any question, and have such protest entered in the Journal.
Rule No. 32. Privilege of the Floor.
1. To preserve decorum and facilitate the business of the Senate, only the following persons may be present on the floor of the Senate during formal sessions:
(a) State officers;
(b) Officers and members of the Senate;
(c) Employees of the Legislative Counsel Bureau;
(d) Staff of the Senate; and
(e) Members of the Assembly whose presence is required for the transaction of business.
2. A majority of Senators may authorize the President to have the Senate Chamber cleared of all persons except Senators and officers of the Senate.
3. The Senate Chamber may not be used for any business other than legislative business during a legislative session.
Rule No. 33. Material Placed on Legislators Desks.
1. Only the Sergeant at Arms and officers and employees of the Senate may place papers, letters, notes, pamphlets and other written material upon a Senators desk. Such material must contain the name of the Legislator requesting the placement of the material on the desk or a designation of the origin of the material.
2. This Rule does not apply to books containing the legislative bills and resolutions, the daily histories and daily journals of the Senate or Assembly, or Legislative Counsel Bureau material.
Rule No. 34. Petitions.
The contents of any petition shall be briefly stated by the President or any Senator presenting it. It shall then lie on the table or be referred, as the President or Senate may direct.
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Rule No. 35. Objection to Reading of Paper.
Where the reading of any paper is called for, and is objected to by any Senator, it shall be determined by a vote of the Senate, and without debate.
Rule No. 36. Questions Relating to Priority of Business.
All questions relating to the priority of business shall be decided without debate.
B. Bills and Resolutions
Rule No. 37. Requests for the Drafting of Bills, Resolutions and Amendments.
Except as otherwise provided in this Rule, the Legislative Counsel shall not honor a request for the drafting of a bill, resolution or amendment to be introduced in the Senate unless it is submitted by the Committee of the Whole, a standing committee or a Conference Committee. The Majority Leader may:
1. Request the drafting of five legislative measures for the 32nd Special Session of the Legislature; and
2. Request the drafting of an amendment,
Κ without seeking the approval of the Committee of the Whole or any other committee that may be appointed for the 32nd Special Session.
Rule No. 38. Skeleton Bill Prohibited.
Skeleton bills may not be introduced.
Rule No. 39. Reading of Bills.
1. Every bill must receive three readings before its passage, unless, in case of emergency, this Rule is suspended by a two-thirds vote of the Senate. The reading of a bill is by number, sponsor and summary.
2. The first reading of a bill is for information, 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 the question to reject is defeated, the bill must then take the usual course.
3. No bill may be referred to committee until once read, nor amended until twice read.
4. The third reading of every bill must be by sections.
Rule No. 40. Second Reading File — Consent Calendar.
1. All bills reported by the Committee of the Whole or a standing committee must be placed on a Second Reading File unless recommended for placement on the Consent Calendar.
2. All joint resolutions reported by the Committee of the Whole or a standing committee must be placed on the Second Reading File or other appropriate reading file unless recommended for placement on the Consent Calendar.
3. The Committee of the Whole or a standing committee shall not recommend a bill or joint resolution for placement on the Consent Calendar if:
(a) An amendment of the bill or joint resolution is recommended;
(b) It contains an appropriation;
(c) It requires a two-thirds vote of the Senate; or
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(d) It is controversial in nature.
4. A bill must be removed from the Consent Calendar at the request of any Senator, without question or debate. A bill so removed must be immediately placed on the Second Reading File for consideration in the usual order of business.
5. A joint resolution must be removed from the Consent Calendar at the request of any Senator, without question or debate. A joint resolution so removed must be immediately placed on the Second Reading File or other appropriate reading file for consideration in the usual order of business.
6. When the Consent Calendar is called:
(a) The bills remaining on the Consent Calendar must be read by number and summary, and the vote must be taken on their final passage as a group.
(b) No remarks or questions are in order and the bills remaining on the Consent Calendar must be voted upon without debate.
Rule No. 41. Reading of Bills — General File.
1. Upon reading of bills on the Second Reading File, Senate and Assembly bills reported without amendments must be placed on the General File.
2. Only amendments proposed by the Majority Leader, Committee of the Whole, a standing committee or a conference committee may be considered.
3. Amendments proposed by the Committee of the Whole or a standing committee and reported with bills, or proposed by the Majority Leader, may be adopted by a majority vote of the members present. Bills so amended must be reprinted, engrossed or reengrossed, and placed on the General File. The File must be made available to members of the public each day by the Secretary.
Rule No. 42. Reconsideration of Vote on Bill.
No motion to reconsider a vote is in order.
Rule No. 42.5. Vetoed Bills.
Bills which have passed the Legislature, and forwarded by letter, to the Senate by the Governor and which are accompanied by a message of the Governors disapproval, or veto of the same, shall become a special order and, at which time, the said message shall be read, together with the bill or bills so disposed or vetoed; and the message and the bill shall be read without interruption, consecutively, one following the other, and not upon separate occasions; and no such bill or message shall be referred to any committee, or otherwise acted upon, save as provided by rule, custom and law; that is to say, that immediately following such reading the only question (except as hereinafter stated) which shall be put by the Chair is, Shall the bill pass, notwithstanding the objections of the Governor? It shall not be in order, at any time, to vote upon such vetoed bill without the same having first been read; the merits of the bill itself may be debated and the only motion entertained after the Chair has stated the question are a motion for The previous question, or a motion for No further consideration of the vetoed bill.
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C. Resolutions
Rule No. 43. Certain Resolutions Treated as Bills.
Joint resolutions addressed to Congress, or to either House thereof, or to the President of the United States, or the heads of any of the national departments, or proposing amendments to the State Constitution are subject, in all respects, to the foregoing rules governing the course of bills except that such joint resolutions may require only two readings and both readings may occur on the same day. A joint resolution proposing an amendment to the Constitution must be entered in the Journal in its entirety.
Rule No. 43.3. Memorial Resolutions.
Once the sponsor has moved for the adoption of a memorial resolution, not more than one member from each caucus, and, upon request of a member of the body and the approval of the Majority Leader, one additional member may speak on the resolution.
Rule No. 44. Certain Resolutions Treated as Motions.
Resolutions, other than those referred to in Senate Rules Nos. 43 and 43.3 of the 32nd Special Session of the Legislature, must be treated as motions in all proceedings of the Senate.
Rule No. 44.5. Return From the Secretary of State.
A Senate resolution may be used to request the return from the Secretary of State of an enrolled Senate resolution for further consideration.
Rule No. 45. Order of Business, Special Orders and Other Matters.
1. Roll Call.
2. Prayer and Pledge of Allegiance to the Flag.
3. Reading and Approval of the Journal.
4. Reports of Committees.
5. Messages from the Governor.
6. Messages from the Assembly.
7. Communications.
8. [Reserved.]
9. Motions, Resolutions and Notices.
10. Introduction, First Reading and Reference.
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; Introduction of Guests. A Senator may speak under this order of business for a period of not more than 5 minutes each day.
Rule No. 46. Privilege.
Any Senator may explain a matter personal to himself or herself by leave of the President, but the Senator shall not discuss any pending question in such explanation.
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Rule No. 47. Preference to Speak.
When two or more Senators request to speak at the same time, the President shall name the one who may first speak — giving preference, when practicable, to the mover or introducer of the subject under consideration.
Rule No. 48. Special Order.
The President shall call the Senate to order on the arrival of the time fixed for the consideration of a special order, and announce that the special order is before the Senate, which shall be considered, unless it be postponed by a majority vote of the Senate, and any business before the Senate at the time of the announcement of the special order shall go to Unfinished Business.
The next rule is 50.
D. Remote-Technology Systems
Rule No. 50. Short Title; Precedence of Rules; Applicability of Rules During the Interim Between Sessions.
1. Rules Nos. 50 to 54, inclusive, may be cited as the Remote-Technology Rules.
2. The Remote-Technology Rules supersede, take precedence and control over any other rule, provision or principle of law to the extent of any conflict with the Remote-Technology Rules.
3. The Remote-Technology Rules remain in full force and effect throughout the interim between regular sessions of the Legislature and until new Standing Rules are adopted as part of the organization of a newly-constituted Senate at the commencement of a session.
Rule No. 51. Public Purposes and Construction of Rules.
1. The Remote-Technology Rules are intended to serve the following public purposes:
(a) To protect the health, safety and welfare of Legislators, members of legislative staff and others who participate in the legislative process amid the ongoing and widespread public-health crisis caused by the COVID-19 pandemic, the Remote-Technology Rules are intended to authorize necessary protective and safety measures intended to keep the legislative process as safe and free as reasonably possible from the extraordinary danger, risk, harm, injury and peril posed by the COVID-19 pandemic.
(b) To enable the members of the Senate to represent their constituents and carry out their official powers, functions, duties and responsibilities in the legislative process amid the ongoing and widespread public-health crisis caused by the COVID-19 pandemic, the Remote-Technology Rules are intended to authorize members of the Senate, under certain circumstances, to use remote-technology systems to attend, participate, vote and take any other action in legislative proceedings when determined to be necessary as a protective or safety measure to keep the legislative process as safe and free as reasonably possible from the extraordinary danger, risk, harm, injury and peril posed by the COVID-19 pandemic.
(c) To safeguard the workings of the Legislative Department of Nevadas State Government and preserve and protect the continuity and efficacy of its legislative operations amid the ongoing and widespread public-health crisis caused by the COVID-19 pandemic, the Remote-Technology Rules are intended to ensure that the Senate may efficiently and effectively carry out its official powers, functions, duties and responsibilities which are expressly and exclusively assigned to the Senate by the Nevada Constitution and which cannot be exercised or performed by any other body or branch of Nevadas State Government.
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efficacy of its legislative operations amid the ongoing and widespread public-health crisis caused by the COVID-19 pandemic, the Remote-Technology Rules are intended to ensure that the Senate may efficiently and effectively carry out its official powers, functions, duties and responsibilities which are expressly and exclusively assigned to the Senate by the Nevada Constitution and which cannot be exercised or performed by any other body or branch of Nevadas State Government.
2. Because of the extraordinary danger, risk, harm, injury and peril posed by the COVID-19 pandemic, the Remote-Technology Rules must be liberally construed to achieve their intended public purposes, and if there is any uncertainty or doubt regarding the interpretation or application of the Remote-Technology Rules, that uncertainty or doubt must be resolved in favor of carrying out the intended public purposes of the Remote-Technology Rules.
Rule No. 52. Definitions.
As used in the Remote-Technology Rules, unless the context otherwise requires, remote-technology system means any system or other means of communication that is:
1. Approved by the Majority Leader and uses any electronic, digital or other similar technology to enable a member of the Senate from a remote location to attend, participate, vote and take any other action in any proceedings of the Senate or the Committee of the Whole even though the member is not physically present within the Senate Chambers or at a meeting of the Committee of the Whole.
2. Approved by the chair of a committee, other than the Committee of the Whole, and uses any electronic, digital or other similar technology to enable a member of the Senate from a remote location to attend, participate, vote and take any other action in any proceedings of the committee even though the member is not physically present at a meeting of the committee.
Rule No. 53. Authorized Use of Remote-Technology Systems to Carry Out Public Purposes.
1. Upon request by a member of the Senate:
(a) The Majority Leader may authorize the member to use a remote-technology system to attend, participate, vote and take any other action in any proceedings of the Senate or the Committee of the Whole if the Majority Leader determines that such use by the member is necessary as a protective or safety measure to carry out the public purposes of the Remote-Technology Rules. If the Majority Leader grants such authorization, it must be entered in the Journal of the Senate.
(b) The chair of a committee, other than the Committee of the Whole, may authorize the member to use a remote-technology system to attend, participate, vote and take any other action in any proceedings of the committee if the chair determines that such use by the member is necessary as a protective or safety measure to carry out the public purposes of the Remote-Technology Rules. If the chair grants such authorization, it must be entered in the records of the committee.
2. If a member of the Senate uses a remote-technology system to attend, participate, vote and take any other action in any proceedings pursuant to the Remote-Technology Rules, the member shall be deemed to be present and in attendance at the proceedings for all purposes.
κ2020 Statutes of Nevada, 32nd Special Session, Page 129 (FILE NUMBER 1, SR 1)κ
pursuant to the Remote-Technology Rules, the member shall be deemed to be present and in attendance at the proceedings for all purposes.
3. For the purposes of voting in proceedings of:
(a) The Senate or the Committee of the Whole, the Secretary of the Senate, or an authorized assistant, shall call the roll of each member who is authorized to use a remote-technology system for the proceedings and, in accordance with the procedures of the Senate, cause the members vote to be entered into the record for the purposes of the Journal of the Senate or the records of the Committee of the Whole, as applicable.
(b) A committee, other than the Committee of the Whole, the committee secretary shall call the roll of each member who is authorized to use a remote-technology system for the proceedings and, in accordance with the procedures of the committee, cause the members vote to be entered into the record for the purposes of the records of the committee.
Rule No. 54. Authority to Adopt Rules.
1. The Senate hereby finds and declares that:
(a) The Nevada Constitution invests each House of the Legislature with certain plenary and exclusive constitutional powers which 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 Nevadas State Government. (Heller v. Legislature, 120 Nev. 456 (2004); Commission on Ethics v. Hardy, 125 Nev. 285 (2009); Masons Manual of Legislative Procedure §§ 2-3 & 560-564 (2010) (Masons Manual))
(b) Section 6 of Article 4 of the Nevada Constitution invests each House with plenary and exclusive constitutional powers to determine the rules of its proceedings and to govern, control and regulate 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 the President of the Senate), determine the rules of its proceedings and may punish its members for disorderly conduct, and with the concurrence of two thirds of all the members elected, expel a member.
(c) In addition to its plenary and exclusive constitutional powers, each House possesses certain inherent powers of institutional self-protection and self-preservation to govern, control and regulate its membership and its internal organization, affairs and management. (In re Chapman, 166 U.S. 661, 668 (1897); Masons Manual § 2; Luther S. Cushing, Elements of the Law & Practice of Legislative Assemblies § 533 (1856) (Cushings Legislative Assemblies))
(d) The inherent powers of each House are considered so essential to the authority of a legislative assembly, that it cannot well exist without them; and they are consequently entitled to be regarded as belonging to every such assembly as a necessary incident. (Cushings Legislative Assemblies § 533)
(e) The inherent powers of each House authorize it to take all necessary and proper institutional actions that are recognized by the common parliamentary law. (Cushings Legislative Assemblies § 684)
(f) Thus, it is well established that each House is vested with all the powers and privileges which are necessary and incidental to a free and unobstructed exercise of its appropriate functions. These powers and privileges are derived not from the Constitution; on the contrary, they arise from the very creation of a legislative body, and are founded upon the principle of self-preservation.
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from the very creation of a legislative body, and are founded upon the principle of self-preservation. (Ex parte McCarthy, 29 Cal. 395, 403 (1866))
(g) Under the Nevada Constitution, there are no constitutional provisions establishing a particular method for determining whether a member of either House is present at legislative proceedings.
(h) The United States Supreme Court has held that when there are no constitutional provisions establishing a particular method for determining whether a member of a legislative house is present at legislative proceedings, it is therefore within the competency of the house to prescribe 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 also held that when a legislative house adopts a rule establishing a reasonable method 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 or folly, of such a rule present any matters for judicial consideration. With the courts the question is only one of power. The constitution empowers each house to determine its rules of proceedings. It may not by its rules ignore constitutional restraints or violate fundamental rights, and there should be a reasonable relation between the mode or method of proceeding established by the rule and the result which is sought to be attained. But within these limitations 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 be better, more accurate, or even more just. It is no objection to the validity of a rule that a different one has been prescribed and in force for a length of time. The power to make rules is not one which once exercised is exhausted. It is a continuous power, always subject to be exercised by the house, and, within the limitations suggested, absolute and beyond the challenge of any other body or tribunal.
(United States v. Ballin, 144 U.S. 1, 5 (1892))
2. The Senate hereby exercises its constitutional and inherent powers and privileges and adopts the Remote-Technology Rules to:
(a) Govern, control and regulate its membership and its internal organization, affairs and management;
(b) Ensure its institutional self-protection and self-preservation; and
(c) Establish a reasonable method for determining whether a member of the Senate is present at legislative proceedings amid the ongoing and widespread public-health crisis caused by the COVID-19 pandemic in order to keep the legislative process as safe and free as reasonably possible from the extraordinary danger, risk, harm, injury and peril posed by the COVID-19 pandemic.
And be it further
Resolved, That this resolution becomes effective upon adoption.
________
κ2020 Statutes of Nevada, 32nd Special Session, Page 131κ
Senate Resolution No. 2Senators Cannizzaro and Settelmeyer
FILE NUMBER 2
Senate RESOLUTION — Providing that no allowances will be paid for the 32nd Special Session of the Nevada Legislature for periodicals, stamps, stationery or communications.
Resolved by the Senate of the State of Nevada, That for the 32nd Special Session of the Nevada Legislature, no allowances will be paid for members of the Senate for periodicals, stamps, stationery or the use of telephones and no allowances will be paid for the President Pro Tempore, Majority Leader, Minority Leader or chair of a committee of the Senate for postage, telephone tolls or other charges for communications; and be it further
Resolved, That this resolution becomes effective upon adoption.
________
Senate Resolution No. 3Senators Cannizzaro and Settelmeyer
FILE NUMBER 3
Senate RESOLUTION — Recognizing the appointment of the Senate staff.
Resolved by the Senate of the State of Nevada, That the following persons are recognized as the duly-appointed staff of the Senate for the 32nd Special Session of the Legislature of the State of Nevada: Annette M. Biamonte, Steve E. Brummer, Terry A. Horvat, Diana R. Jones, Erich T. Kolbe, Terri L. Miller, Juliet W. Newman, Sherry L. Rodriguez, Susan S. Whitford and Jeanine M. Wittenberg; and be it further
Resolved, That this resolution becomes effective upon adoption.
________
κ2020 Statutes of Nevada, 32nd Special Session, Page 132κ
Assembly Resolution No. 1Committee on Legislative Operations and Elections
FILE NUMBER 4
ASSEMBLY RESOLUTION — Amending the Standing Rules of the Assembly of the 80th Session of the Nevada Legislature.
Resolved by the Assembly of the State of Nevada, That the Assembly Standing Rules are hereby adopted, as amended, as follows:
I. OFFICERS AND EMPLOYEES
Duties of Officers
Rule No. 1. Speaker of the Assembly.
1. All officers of the Assembly are subordinate to the Speaker in all that relates to the prompt, efficient and correct discharge of their official duties under the Speakers supervision.
2. Possessing the powers and performing the duties described in this Rule, the Speaker shall:
(a) Take the chair at the hour to which the Assembly stands adjourned, call the members to order, and upon the appearance of a quorum, proceed to business.
(b) In the event an emergency occurs during a regular or special session of the Legislature which requires a meeting of the Assembly, call the members back to order before the hour to which the Assembly had adjourned.
(c) Preserve order and decorum and have general direction of the Chamber of the Assembly and the approaches thereto. In the event of any disturbance or disorderly conduct therein, order the same to be cleared.
(d) Decide all questions of order, subject to a members right to appeal to the Assembly. On appeal from such decisions, the Speaker has the right, in the Speakers place, to assign the reason for the decision.
(e) Have the right to name any member to perform the duties of the Chair, but such substitution must not extend beyond one legislative day.
(f) Have the power to accredit the persons who act as representatives of the news media and assign them seats.
(g) Sign all bills and resolutions passed by the Legislature as provided by law.
(h) Sign all subpoenas issued by the Assembly.
(i) Receive all messages and communications from other departments of the government and announce them to the Assembly.
(j) Represent the Assembly, declare its will and in all things obey its commands.
(k) Vote on final passage of a bill or adoption of a resolution, but the Speaker shall not be required to vote in ordinary legislative proceedings except where the Speakers vote would be decisive. In all yea and nay votes, the Speakers name must be called last.
κ2020 Statutes of Nevada, 32nd Special Session, Page 133 (FILE NUMBER 4, AR 1)κ
(l) Appoint committees during the interim between 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 next session of the Legislature.
3. If a vacancy occurs in the office of Speaker, through death, resignation or disability of the Speaker, the Speaker Pro Tempore shall temporarily and for the period of vacancy or disability conduct the necessary business of the Assembly.
4. If a permanent vacancy occurs in the office of Speaker, the Assembly shall select a new Speaker.
5. This Rule shall remain in full force and effect throughout the interim between regular sessions of the Legislature and until new Standing Rules of the Assembly are adopted as part of the organization of a newly-constituted Assembly at the commencement of a session.
Rule No. 2. Continuation of Leadership and Standing Rules of the Assembly During the Interim Between Regular Sessions.
1. Except as otherwise provided in subsections 2, 3 and 4, the tenure of the Speaker, Speaker Pro Tempore, Majority Leader and Minority Leader of the Assembly extends during the interim between regular sessions of the Legislature.
2. The Assemblymen or Assemblywomen designated to be the Speaker, Speaker Pro Tempore, Majority Leader and Minority Leader for the next succeeding regular session shall perform any duty required of that officer by the Standing Rules of the Assembly and the Nevada Revised Statutes in the period between the time of their designation after the general election and the organization of the next succeeding regular session.
3. The Assemblyman or Assemblywoman designated to be the Speaker and the Assemblyman or Assemblywoman designated to be the Minority Leader for the next succeeding regular session shall appoint the regular and alternate members to the Select Committee on Ethics as set forth in Assembly Standing Rule No. 23.
4. The Assemblyman or Assemblywoman designated to be the Speaker for the next succeeding regular session shall:
(a) Determine the start time of the Assemblys organizational session.
(b) Have the right to name any person to call the Assembly to order and preside over the Assemblys organizational session until a presiding officer is elected.
(c) Refer prefiled bills and resolutions to committee, subject to ratification by a majority vote of the members of the Assembly once the Assembly is organized and ready for business.
5. The Assembly Standing Rules set forth herein shall remain in full force and effect throughout the interim between regular sessions of the Legislature and until new Standing Rules of the Assembly are adopted as part of the organization of a newly-constituted Assembly at the commencement of a session, unless a conflict exists with a rule adopted by the Assembly for a special session occurring between regular sessions.
κ2020 Statutes of Nevada, 32nd Special Session, Page 134 (FILE NUMBER 4, AR 1)κ
Rule No. 3. Chief Clerk.
1. The Chief Clerk is elected by the Assembly and is responsible to the Speaker.
2. The Chief Clerk shall recruit, select, train and supervise all attaches employed to assist with the work of the Assembly.
3. The Chief Clerk shall administer the daily business of the Assembly.
4. The Chief Clerk shall adopt such administrative policies as the Chief Clerk deems necessary to carry out the business of the Assembly.
5. The Speaker and the Chief Clerk are authorized to make any necessary corrections and additions to the final journal, history and committee minutes of the Assembly.
6. At the direction of the Speaker or Speaker Designate, the Chief Clerk shall attest and affix the seal of the Assembly to all writs, warrants, subpoenas and formal documents issued by the Assembly.
7. The Chief Clerk shall have custody of all bills, resolutions, petitions, papers and other documents, including, without limitation, matters referred to the committees of the Assembly.
Rule No. 4. Reserved.
Rule No. 5. Reserved.
Rule No. 6. Reserved.
The next rule is 10.
II. SESSIONS AND MEETINGS
Rule No. 10. Time of Meeting.
The Assembly shall meet each day at 11:30 a.m., unless the Assembly adjourns to some other hour.
Rule No. 11. Open Meetings.
All meetings of the Assembly and its committees must be open to the public.
Rule No. 12. Convening of the Assembly between Legislative Sessions.
1. The Assembly may be convened at any time between sessions of the Legislature upon a petition signed by a majority of the members elected to the Assembly to consider and take action on any matter that is solely and exclusively within the constitutional or inherent powers of the Assembly, including, without limitation, any matter that may be considered and acted on by the Assembly pursuant to its plenary and exclusive constitutional powers under Article 4, Section 6 of the Nevada Constitution or pursuant to its inherent powers of institutional self-protection and self-preservation to govern, control and regulate its membership and its internal organization, affairs and management.
2. A petition convening the Assembly pursuant to this Rule must specify the matter that will be considered or acted on by the Assembly, indicate a date for the Assembly to convene and be transmitted to the Chief Clerk of the Assembly. Upon receipt of one or more substantially similar petitions signed, in the aggregate, by a majority of the members elected to the Assembly, the Chief Clerk shall notify all members of the Assembly that the Assembly will be convened pursuant to this Rule and the date on which the Assembly will be convened.
κ2020 Statutes of Nevada, 32nd Special Session, Page 135 (FILE NUMBER 4, AR 1)κ
petitions signed, in the aggregate, by a majority of the members elected to the Assembly, the Chief Clerk shall notify all members of the Assembly that the Assembly will be convened pursuant to this Rule and the date on which the Assembly will be convened.
3. The Assembly hereby finds and declares that:
(a) The Nevada Constitution invests each House of the Legislature with certain plenary and exclusive constitutional powers which 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 Nevadas State Government. (Heller v. Legislature, 120 Nev. 456 (2004); Commission on Ethics v. Hardy, 125 Nev. 285 (2009); Masons Manual of Legislative Procedure §§ 2-3 & 560-564 (2010) (Masons Manual))
(b) Article 4, Section 6 of the Nevada Constitution invests each House with plenary and exclusive constitutional powers to govern, control and regulate 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 the President of the Senate), determine the rules of its proceedings and may punish its members for disorderly conduct, and with the concurrence of two thirds of all the members elected, expel a member.
(c) In addition to its plenary and exclusive constitutional powers, each House possesses certain inherent powers of institutional self-protection and self-preservation to govern, control and regulate its membership and its internal organization, affairs and management. (In re Chapman, 166 U.S. 661, 668 (1897); Masons Manual § 2; Luther S. Cushing, Elements of the Law & Practice of Legislative Assemblies § 533 (1856) (Cushings Legislative Assemblies))
(d) The inherent powers of each House are considered so essential to the authority of a legislative assembly, that it cannot well exist without them; and they are consequently entitled to be regarded as belonging to every such assembly as a necessary incident. (Cushings Legislative Assemblies § 533)
(e) The inherent powers of each House authorize it to take all necessary and proper institutional actions that are recognized by the common parliamentary law. (Cushings Legislative Assemblies § 684)
(f) Thus, it is well established that each House is vested with all the powers and privileges which are necessary and incidental to a free and unobstructed exercise of its appropriate functions. These powers and privileges are derived not from the Constitution; on the contrary, they arise from the very creation of a legislative body, and are founded upon the principle of self-preservation. (Ex parte McCarthy, 29 Cal. 395, 403 (1866))
The next rule is 20.
III. DECORUM AND DEBATE
Rule No. 20. Points of Order.
If any member, in speaking or otherwise, transgresses the rules of the Assembly, the Speaker shall, or any member may, call to order, in which case the member so called to order shall immediately sit down, unless permitted to explain; and if called to order by a member, such member shall immediately state the point of order.
κ2020 Statutes of Nevada, 32nd Special Session, Page 136 (FILE NUMBER 4, AR 1)κ
shall immediately state the point of order. If the point of order be sustained by the presiding officer, the member shall not be allowed to proceed; but if it be not sustained, then the member shall be permitted to go on. Every such decision from the presiding officer shall be subject to an appeal to the House; but no discussion of the question of order shall be allowed unless an appeal be taken from the decision of the presiding officer.
Rule No. 21. Portable Electronic Communication Devices.
1. A person who is within the Assembly Chambers shall not engage in a telephone conversation via the use of a portable telephone.
2. Before entering the Assembly Chambers, any person who possesses a portable electronic communication device, such as a pager or telephone, that emits an audible alert, such as a ringing or beeping sound, to signal an incoming message or call, shall turn the audible alert off. A device that contains a nonaudible alert, such as a silent vibration, may be operated in a nonaudible manner within the Assembly Chambers.
Rule No. 22. Reserved.
Rule No. 23. Select Committee on Ethics; Legislative Ethics.
1. The Select Committee on Ethics consists of:
(a) Two members of the Assembly appointed by the Speaker from the majority political party;
(b) One member of the Assembly appointed by the Minority Leader from the minority political party; and
(c) Three qualified electors of the State, two of whom are appointed by the Speaker and one who is appointed by the Minority Leader, and none of whom is a present member of the Legislature or employed by the State of Nevada.
2. The Speaker shall appoint the Chair and Vice Chair of the Committee. The Vice Chair shall serve as the acting Chair if the Chair is unable to serve for any reason during the consideration of a specific question.
3. The Speaker shall appoint an alternate member with the qualifications set forth in paragraph (a) of subsection 1 and an alternate member with the qualifications set forth in paragraph (c) of subsection 1. The Minority Leader shall appoint an alternate member with the qualifications set forth in paragraph (b) of subsection 1 and an alternate member with the qualifications set forth in paragraph (c) of subsection 1. If a member of the Committee is unable to serve for any reason during the consideration of a specific question, the alternate appointed with the qualifications from the same paragraph in subsection 1 shall serve as a member of the Committee during the consideration of the specific question.
4. A member of the Committee is disqualified to serve during the consideration of a specific question if:
(a) The member is the requester 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 person in the members situation could not exercise independent judgment on the matter in question.
5. The members of the Committee shall perform any duty required in the period between the time of their appointment after the general election and the organization of the next succeeding regular session, or until the Speaker or the Speaker Designate or the Minority Leader or Minority Leader Designate appoint new members to the Committee, whichever occurs first.
κ2020 Statutes of Nevada, 32nd Special Session, Page 137 (FILE NUMBER 4, AR 1)κ
and the organization of the next succeeding regular session, or until the Speaker or the Speaker Designate or the Minority Leader or Minority Leader Designate appoint new members to the Committee, whichever occurs first.
6. The tenure of the members of the Committee shall extend during the interim between regular sessions of the Legislature.
7. The Committee:
(a) May hear requests brought by members of the Assembly for advice on specific questions of potential breaches of ethics and conflicts of interest; and
(b) Shall hear complaints brought by members of the Assembly and others on specific questions of alleged breaches of ethics and conflicts of interest, including, without limitation, alleged breaches of the Legislative Code of Ethical Standards in the Joint Standing Rules.
8. All proceedings held by the Committee to consider the character, alleged misconduct, professional competence or physical or mental health of any person on matters of ethics or conflicts of interest and all materials related to those proceedings are confidential, unless the person who is the subject of the proceedings requests a public hearing or discloses the content of the proceedings or materials.
9. An individual may file a complaint which alleges a breach of ethics or a conflict of interest, including, without limitation, an alleged breach of the Legislative Code of Ethical Standards in the Joint Standing Rules. If the alleged breach of ethics or conflict of interest involves the conduct of more than one person, separate complaints must be filed regarding each person. A complaint must be:
(a) Made in writing on a form provided by the Legislative Counsel;
(b) Signed and verified under penalty of perjury by the individual making the allegation; and
(c) Filed with the Legislative Counsel who shall review the complaint and any other relevant information and consult with the Chair of the Committee or, if the Chair is the subject of the complaint, with the Vice Chair, to evaluate whether the Committee has jurisdiction and whether an investigation is warranted in the matter. If it is determined that the Committee:
(1) Does not have jurisdiction or that an investigation is not warranted in the matter, the Legislative Counsel shall send written notice of the determination to the individual who filed the complaint.
(2) Has jurisdiction and an investigation is warranted in the matter, the Legislative Counsel shall send written notice of the determination and a copy of the complaint to the person who is the subject of the complaint.
10. Each Legislator is subject, at all times, to the Legislative Code of Ethical Standards in the Joint Standing Rules and, in addition, must determine whether he or she has a conflict of interest upon any matter in question before the Legislator. In determining whether the Legislator has such a conflict of interest, the Legislator should consider whether the independence of judgment of a reasonable person in his or her situation upon the matter in question would be materially affected by the Legislators:
(a) Acceptance of a gift or loan;
(b) Private economic interest; or
κ2020 Statutes of Nevada, 32nd Special Session, Page 138 (FILE NUMBER 4, AR 1)κ
(c) Commitment to a member of his or her household or immediate family.
Κ In interpreting and applying the provisions of this subsection, it must be presumed that the independence of judgment of a reasonable person in the Legislators situation would not be materially affected by the Legislators private economic interest or the Legislators commitment to a member of his or her household or immediate family where the resulting benefit or detriment accruing to the Legislator, or if the Legislator has a commitment to a member of 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 in subsection 12, if a Legislator knows he or she has a conflict of interest pursuant to subsection 10, the Legislator shall make a general disclosure of the conflict of interest on the record in a meeting of a committee or on the floor of the Assembly, as applicable. Such a disclosure must be entered:
(a) If the Legislator makes the disclosure in a meeting of a committee, in the minutes for that meeting.
(b) If the Legislator makes the disclosure on the floor of the Assembly, in the Journal.
12. If, on one or more prior occasions during the current session of the Legislature, a Legislator has made a general disclosure of a conflict of interest on the record in a meeting of a committee or on the floor of the Assembly, the Legislator is not required to make that general disclosure at length again regarding the same conflict of interest if, when the matter in question arises on subsequent occasions, the Legislator makes a reference on the record to the previous disclosure.
13. In determining whether to abstain from voting upon, advocating or opposing a matter concerning which a Legislator has a conflict of interest pursuant to subsection 10, the Legislator should consider whether:
(a) The conflict impedes his or her independence of judgment; and
(b) His or her interest is greater than the interests of an entire class of persons similarly situated.
14. The provisions of this Rule do not under any circumstances and regardless of any conflict of interest:
(a) Prohibit a Legislator from requesting or introducing a legislative measure; or
(b) Require a Legislator to take any particular action before or while requesting or introducing a legislative measure.
15. If a Legislator who is a member of a committee declares on the record when a vote is to be taken by the committee that he or she will abstain from voting because of the requirements of this Rule, the necessary quorum to act upon and the number of votes necessary to act upon the matter is reduced as though the Legislator abstaining were not a member of the committee.
16. The standards and procedures set forth in this Rule which govern whether and to what extent a member of the Assembly has a conflict of interest, should disclose a conflict of interest or should abstain from voting upon, advocating or opposing a matter concerning which the member has a conflict of interest pursuant to subsection 10:
κ2020 Statutes of Nevada, 32nd Special Session, Page 139 (FILE NUMBER 4, AR 1)κ
(a) Are exclusive and are the only standards and procedures that apply to members of the Assembly with regard to such matters; and
(b) Supersede and preempt all other standards and procedures with regard to such matters,
Κ except that this subsection does not exempt any members of the Assembly from the Legislative Code of Ethical Standards in the Joint Standing Rules.
17. For purposes of this Rule, immediate family means a person who is related to the Legislator by blood, adoption or marriage within the first degree of consanguinity or affinity.
The next rule is 30.
IV. QUORUM, VOTING, ELECTIONS
Rule No. 30. Manner of Voting.
1. The presiding officer shall declare all votes, but the yeas and nays must be taken when called for by three members present, and the names of those calling for the yeas and nays must be entered in the Journal by the Chief Clerk.
2. The presiding officer shall call for yeas and nays by a division or by a roll call, either electronic or oral.
3. When taking the yeas and nays on any question, the electronic roll call system may be used, and when so used shall have the force and effect of any roll call under these rules.
4. When taking the yeas and nays by oral roll call, the Chief Clerk shall take the names of members alphabetically, except that the Speakers name must be called last.
5. The electronic roll call system may be used to determine the presence of a quorum.
6. The yeas and nays must not be taken with the electronic roll call system until all members present are at their desks. The presiding officer may vote at the rostrum.
7. Only a member who:
(a) Has been certified by the Committee on Legislative Operations and Elections or a special committee of the Assembly; and
(b) Is physically present within the Assembly Chambers,
Κ may cast a vote in the Assembly.
8. A member shall not vote for another member on any roll call, either electronic or oral. Any member who votes for another member may be punished in any manner deemed appropriate by the Assembly.
Rule No. 31. Requirement of Voting.
1. A member shall vote on all questions that come before the body unless the member:
(a) Is excused; or
(b) Makes a full and complete disclosure of a conflict pursuant to Assembly Standing Rule No. 23.
2. A member found guilty by the House of a breach of this Rule shall not vote or speak on the floor, except to explain and apologize for the breach, until the member has made satisfaction to the House for the breach.
κ2020 Statutes of Nevada, 32nd Special Session, Page 140 (FILE NUMBER 4, AR 1)κ
Rule No. 32. Announcement of the Vote.
1. A member may change his or her vote at any time before the announcement of the vote if the voting is by voice, or at any time before the votes are electronically recorded if the voting is conducted electronically.
2. The announcement of the result of any vote shall not be postponed.
Rule No. 33. Voting by Division.
Upon a division and count of the Assembly on any question, no person without the bar shall be counted.
The next rule is 40.
V. LEGISLATIVE BODIES
A. Committees
Rule No. 40. Standing Committees.
The standing committees of the Assembly for the regular session, and for Legislative Operations and Elections for both the regular session pursuant to this Rule and for a special session pursuant to Assembly Standing Rule No. 142, are as follows:
1. Ways and Means.
2. Judiciary.
3. Taxation.
4. Education.
5. Legislative Operations and Elections.
6. Natural Resources, Agriculture, and Mining.
7. Growth and Infrastructure.
8. Commerce and Labor.
9. Health and Human Services.
10. Government Affairs.
Rule No. 41. Appointment of Committees.
1. Except as otherwise provided in Assembly Standing Rule No. 23, all committees must be appointed by the Speaker, unless otherwise directed by the Assembly. The Speaker shall designate the chair and vice chair of each committee.
2. To facilitate the full participation of the members during an adjournment called pursuant to Joint Standing Rule No. 9 of the Senate and Assembly, the Speaker may temporarily appoint a member to a committee that is scheduled to meet during the adjournment if none of the committees to which the member is regularly assigned will be meeting during the adjournment.
3. Except as otherwise provided in Assembly Standing Rule No. 45, all committees will operate under the rules set forth herein and other uniform committee rules as determined by the Speaker and published on the Nevada Legislatures Internet website. Each committee may adopt and file with the Chief Clerks Office policies consistent with these rules.
κ2020 Statutes of Nevada, 32nd Special Session, Page 141 (FILE NUMBER 4, AR 1)κ
Rule No. 41.5. Appointment of Alternates.
If the chair or any member of a committee is temporarily unable to perform his or her duties, the Speaker shall appoint an alternate of the same political party to serve in the chairs or the members place for such time as is determined by the Speaker.
Rule No. 42. Subcommittees.
1. Subcommittees made up of committee members may be appointed by the chair to consider and report back on specific subjects or bills.
2. Subcommittee meetings will be scheduled by the subcommittee chair after consulting with the committee chair.
3. Members of a subcommittee are required to attend meetings of the subcommittee.
4. Subcommittees of standing committees shall follow the same rules as standing committees.
Rule No. 43. Concurrent Referrals.
When a bill or resolution is referred to two committees, the bill or resolution must go to the first committee named. If the first committee votes to amend the bill or resolution, it must be reprinted with amendments and then returned to the first committee or sent immediately to the 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, the bill or resolution must be sent with the committee recommendation to the Chief Clerk for transmittal to the second committee.
Rule No. 44. Committee on Legislative Operations and Elections.
The Committee on Legislative Operations and Elections has jurisdiction over matters relating to personnel. It shall recommend by resolution the appointment of all attaches and employees of the Assembly not otherwise provided for by law.
Rule No. 45. Committee of the Whole.
If a Committee of the Whole is convened:
1. The Speaker shall preside as Chair of the Committee or name a Chair to preside.
2. A member of the Committee may speak not more than twice during the consideration of any one question, on the same day, and at the same stage of proceedings, without leave. Members who have once spoken shall not again be entitled to the floor (except for explanation) to the exclusion of others who have not spoken.
3. The Chair may require any vote of the Committee to be recorded in the manner designated by the Chair.
4. All amendments proposed by the Committee:
(a) Must first be approved by the Committee.
(b) Must be reported by the Chair to the Assembly.
5. Insofar as they are applicable and not in conflict with this Rule, a Committee of the Whole will observe the committee rules set forth in Section V(A) of the Assembly Standing Rules and such other uniform committee rules as determined by the Speaker and published on the Nevada Legislatures Internet website.
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6. A quorum of the Committee of the Whole is the same as a quorum of the House, and in case a quorum is not present or other defect is observed, the Committee can take no other action than to rise.
7. It is permissible to limit debate to a certain length of time, to close at a time certain, to limit the length of speeches, or to otherwise limit debate.
8. When a fixed duration is established for a Committee of the Whole, the time may be extended with consent of a majority of the members.
9. A motion for the previous question is not in order.
10. A Committee of the Whole cannot:
(a) Entertain any question of priority.
(b) Entertain any matter of privilege.
(c) Lay a question on the desk.
(d) Postpone consideration of any question.
(e) Reconsider a vote on a proposal no longer in possession of the Committee.
(f) Appoint a subcommittee.
(g) Punish members for disorderly conduct, but must report any misconduct to the body for its action.
11. Seconds to motions are required.
12. The minutes of the meetings of the Committee of the Whole must be entered in the Assemblys final journal.
B. Election Contests
Rule No. 46. Procedure for Election Contests.
1. Upon receipt of a statement of contest from the Secretary of State pursuant to NRS 293.427, the Speaker shall, as soon as practicable, appoint a special committee to hear the contest or refer the contest to the Committee on Legislative Operations and Elections. The committee shall conduct a hearing to consider the contest. The committee shall keep written minutes of the hearing. The contestant has the burden of proving that any irregularities shown were of such a nature as to establish that the result of the election was changed thereby.
2. The contest must be submitted so far as may be possible upon depositions or by written or oral arguments as the Assembly may order. Any party to a contest may take the deposition of any witness at any time after the statement of contest is filed with the Secretary of State and before the contest is finally decided. At least 3 days notice must be given to the prospective deponent and to the other party. If oral statements are made at any hearing before the Assembly or a committee thereof which purport to establish matters of fact, they must be made under oath. Strict rules of evidence do not apply.
3. The committee shall, not later than 5 calendar days after the contest was referred to the committee, report to the Assembly its findings on whether the contestant has met the burden of proving that any irregularities shown were of such a nature as to establish that the result of the election was changed thereby. The committee shall then report to the Assembly its recommendation on which person should be declared elected or report that it has no recommendation. The Assembly shall, as soon as practicable thereafter but not later than 7 calendar days after the Speaker received the statement of contest, vote whether to accept or reject the committees recommendation without amendment, if a recommendation is made.
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committees recommendation without amendment, if a recommendation is made. If the recommendation is accepted, the Speaker shall declare the recommended person elected. If the recommendation is rejected or the committee did not make a recommendation, the Assembly shall consider immediately which person should be declared elected. The Speaker shall not adjourn the Assembly until it has declared a person to be elected.
4. If a person other than the person initially seated as a member of the Assembly pursuant to subsection 2 of NRS 293.427 is declared to be elected by the Assembly as a result of the contest, the Speaker shall inform the Governor of the identity of the person declared to be elected by the Assembly.
C. Duties of Committee Officers, Committee Members and Committee Staff
Rule No. 47. Committee Chairs.
1. The chair has all authority necessary to ensure an efficient operation of the committee or subcommittee.
2. The chair shall have general direction of the committee room or other meeting place of the committee, and in case of any disturbance or disorderly conduct therein, or if the peace, good order, and proper conduct of the legislative business is hindered by any person or persons, the chair shall have power to exclude from the session any individual or individuals so hindering the legislative business.
3. Possessing the powers and performing the duties described in this Rule, each committee chair shall:
(a) Preside over committee meetings and put all questions before the committee;
(b) Preserve order and decorum and decide all questions of order;
(c) Determine the order of bills for hearing;
(d) Prepare and distribute the committees agenda;
(e) Prepare and distribute a work session document that contains a list of all measures on which the committee is ready to consider final action;
(f) Call recesses of the committee as deemed necessary;
(g) Request amendments to resolve conflicts;
(h) Determine when final action is to be taken on measures, committee reports and other business of the committee;
(i) Sign and submit bill draft requests on behalf of the committee;
(j) Appoint subcommittees, as necessary;
(k) Provide direction to committee support staff;
(l) Prepare and submit committee reports;
(m) Review and approve minutes of the committee;
(n) Handle unfinished business for measures heard in the committee; and
(o) Inform the Speaker of committee activity.
4. In the absence of the chair, or upon the request of the chair, the vice chair of the committee shall assume the duties of the chair.
5. The chair may name any member of the committee to perform the duties of the chair if such substitution shall not extend beyond such meeting.
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Rule No. 48. Attendance.
1. Members shall notify the chair of any absence. Excused absences will be so recorded at the direction of the chair.
2. A member shall advise the chair if he or she must leave a meeting for an extended period of time.
3. Members not in attendance when a final action is taken on a measure will be marked absent for the vote.
Rule No. 49. Committee Staff.
Duties of committee attaches shall be prescribed by the Chief Clerk and include, but are not limited to, the following:
1. The committee secretary shall call roll of the members at each meeting, with the chair being called last. The committee secretary shall record in the minutes the members present and the members not present.
2. The committee secretary shall record the meeting and draft committee minutes for the chairs approval.
3. On behalf of the chair, the committee secretary shall maintain all minutes and exhibits of the committees meetings until released to the custody of the Chief Clerk.
4. The committee manager assigned to each committee shall be responsible to the chair of the committee for the proper and accurate preparation of all reports of the committee.
Rule No. 50. Committee Operations.
1. Each committee of the House shall be provided a committee manager who shall maintain a current record of all bills, resolutions, petitions, memorials or other matters filed in committee. A record of committee actions shall be filed with the Chief Clerk. The committee manager shall post, on a bulletin board and electronically, all meeting agendas.
2. The standing committees of the Assembly may coordinate with the standing committees of the Senate to meet jointly whenever agreed to by said committees for the purpose of holding public hearings or considering any proposed or pending legislation. Upon conclusion of the joint meeting of said committees, each standing committee of the Assembly may take such action as it determines appropriate. Whenever the committees of the Assembly and Senate hold joint hearings or meetings, the chair of the Assembly committee shall coordinate with the chair of the Senate committee to determine which of them shall preside at the joint meeting.
3. When a joint meeting is chaired by a Senator, the practices of the Senate that are inconsistent with those of the Assembly do not create a precedent for the same practice in the Assembly.
Rule No. 51. Committee Records.
1. The chair of each committee shall make reports authorized by the committee and submit the same to the Chief Clerk.
2. The chair of each committee shall keep, or cause to be kept, a complete record of the committee proceedings in which there must be entered:
(a) The time and place of each meeting;
(b) The attendance and absence of members;
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(c) The names of all persons appearing before the committee, with the names of persons, firms, corporations or associations in whose behalf such appearance is made; and
(d) The subjects or measures considered and action taken.
3. A person may obtain a recording of a meeting by paying a fee determined by the Director of the Legislative Counsel Bureau to cover the cost of the recording but, except as otherwise provided in this subsection, the official record of the committee is the minutes of the committee meeting approved by the chair pursuant to paragraph (m) of subsection 3 of Assembly Standing Rule No. 47. Minutes of joint meetings prepared by non-Assembly staff are not official records of the Assembly.
4. The Speaker and the Chief Clerk are authorized to make any necessary corrections and additions to the minutes of committee meetings.
Rule No. 52. Final Disposition of Committee Minutes and Exhibits.
Upon their completion, the Chief Clerk shall turn over all original minutes and exhibits to the Research Library of the Legislative Counsel Bureau.
Rule No. 52.5. Notices of Bills, Topics and Public Hearings.
1. Except as otherwise provided in subsection 3, all committees shall provide adequate notice of public hearings on bills, resolutions or other topics which are to come before the committees. The notice must include the date, time, place and agenda to be covered. The notice must be posted conspicuously in the Legislative Building and be posted on the Nevada Legislatures Internet website.
2. The noticing requirements of this Rule may be suspended for emergency situations but only after approval by a majority vote of a committee.
3. Subsection 1 does not apply to:
(a) Committee meetings held behind the bar on the floor of the Assembly during a recess;
(b) Conference committee meetings; or
(c) Meetings of the Committee of the Whole.
D. Committee Hearings
Rule No. 53. Communications.
1. Out of respect for the privacy of committee members and staff, members are requested to hold conversations with lobbyists and members of the public at a location other than at the dais.
2. At the direction of the Chair, lobbyists, the press, and members of the public are not allowed at the dais.
3. All directions, assignments, or requests on behalf of the committee must be communicated to its staff and to the personnel of the Legislative Counsel Bureau by the chair of the committee. A member of the committee must submit such requests to the chair for transmittal to the staff of the committee or to the personnel of the Legislative Counsel Bureau.
4. The chair may report instances of misconduct or indecorum by any committee member or other person to the Assembly for its consideration and action.
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Rule No. 54. Testimony, Witnesses and Exhibits.
1. All persons wishing to offer testimony to a committee shall be given a reasonable opportunity to do so as determined by the chair.
2. In addressing the committee, a person must state for the record whether he or she supports, opposes or is neutral to the bill or resolution before the committee. For purposes of legislative intent:
(a) Support of a bill or resolution shall be construed as:
(1) Approval of the measure as written; or
(2) Approval of the measure as written along with proposed amendments that have been approved by the sponsor of the measure.
(b) Opposition to a bill or resolution shall be construed as:
(1) Not supporting the measure as written; or
(2) Opposing the measure as revised by an amendment that has not been approved by the sponsor of the measure.
(c) A neutral position on a bill or resolution is one in which the person offers particular insight on the measure but expresses no position on the measure.
3. Persons addressing the committee shall keep their remarks to the point and avoid repetition and are subject to call to order by the chair for failure to do so.
4. A person shall not be excluded from a meeting or public hearing of a committee or subcommittee except in case of any disturbance or disorderly conduct, or if the peace, good order, and proper conduct of the legislative business is hindered by the person or persons.
5. Questions from the committee will be restricted to relevant subject areas.
6. When the chair deems necessary, witnesses will be sworn in pursuant to NRS 218E.040 before providing testimony.
7. Unless waived or revised by the chair, handouts for hearings, including proposed amendments:
(a) Must be submitted to the committees manager not later than 5 p.m. on the business day before the meeting unless an earlier submission date or time is set by the chair, and included on the agenda;
(b) Must include the name and contact information of the person providing the handouts;
(c) For proposed amendments, must include a brief statement of intent; and
(d) Must be submitted by electronic mail or other electronic means.
Rule No. 55. Hearings.
1. The presence of a quorum of the committee is desirable but not required to conduct a public hearing. In addition to the use of remote-technology systems pursuant to the Remote-Technology Rules in Rules Nos. 121 to 125, inclusive, at the discretion of the chair, members of the committee may attend, participate in and, if applicable, vote during the hearing via simultaneous telephone or video conference.
2. Public hearings are opened by the chair who announces the subject under consideration and provides an opportunity for persons wishing to address the committee to be heard. These persons shall rise in an order determined by the chair, address the chair and furnish their names, addresses and firms or other organizations represented.
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3. Committee members may address the chair for permission to question the witness.
4. A committee meeting shall adjourn not later than 10 minutes preceding the hour of its next regularly scheduled meeting.
5. At the discretion of the chair, a meeting may be held outside the regularly scheduled day(s) and time.
6. Meetings of the committee may be scheduled outside the Legislative Building in Carson City with prior written approval of the Speaker. Subcommittees must have the prior written approval of the chair of the committee and the Speaker in order to conduct a meeting outside Carson City.
E. Voting and Committee Action
Rule No. 56. Manner of Voting.
1. The chair shall declare all votes and shall cause same to be entered on the records of the committee.
2. A member shall not vote for another member on any roll call. Any member who votes for another member may be punished in any manner deemed appropriate by the Assembly.
Rule No. 57. Committee Action.
1. The committee shall have regular meetings scheduled by the Assembly leadership. A quorum of the committee is a majority of its members and may transact business except as limited by this Rule.
2. Except as limited by this Rule, a simple majority of those present may move, second and pass a motion by voice vote.
3. All motions require a second. If no second is received, that motion shall be declared invalid.
4. Absent approval by the Speaker or unanimous consent to waive the waiting period, a committee may not take final action on a bill or resolution until at least 24 hours after the close of the hearing on the bill or resolution.
5. Definite action on a bill or resolution will require a majority of the entire committee. A member shall vote on all questions that come before the committee unless the member:
(a) Is excused; or
(b) Makes a full and complete disclosure of a conflict pursuant to Assembly Standing Rule No. 23.
6. A majority vote of the entire committee is required to reconsider action on a bill or resolution.
7. Committee introduction of legislative measures which are not prefiled requires concurrence of a majority of the entire committee and does not imply commitment to support final passage.
8. Absent the consent of the chair and the approval of the Speaker, the chair must be present when the committee votes to take any final action regarding bills or resolutions.
9. No member of the committee may vote by proxy under any circumstances.
10. A committee shall not take a vote on the question of whether to exercise its statutory authority to issue a legislative subpoena unless the chair or other person approved by the Speaker has informed the Speaker of the intention of the committee to consider such a question.
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chair or other person approved by the Speaker has informed the Speaker of the intention of the committee to consider such a question.
11. Every committee vote on a matter pertaining to a bill, resolution or initiative petition must be recorded. The vote may be taken by roll call at the discretion of the chair.
12. A member may change his or her vote at any time before the announcement of the vote if the voting is by voice. The announcement of the result of any vote shall not be postponed.
13. Unless a committee member advises the chair otherwise, it will be presumed that the member will vote on an amendment or on a measure, during a floor session, consistent with his or her vote in the committee.
14. A bill, resolution, or amendment in a committee having been rejected twice may not be brought up again during the same legislative session.
15. The minority of a committee may not make a report or present to the House an alternative report.
F. Parliamentary Authority
Rule No. 58. Precedence of Parliamentary Authority for Committees.
The precedence of parliamentary authority for the purpose of actions in a committee is set forth in Assembly Standing Rule No. 100.
G. Decorum and Debate in Committees
Rule No. 59. Portable Electronic Communication Devices.
1. A person who is within an Assembly committee room shall not engage in a telephone conversation via the use of a portable telephone.
2. No person shall engage in any conduct during a committee meeting which undermines the decorum of the meeting. Before entering an Assembly committee room, any person who possesses a portable electronic communication device, such as a pager or telephone, that emits an audible alert, such as a ringing or beeping sound, to signal an incoming message or call, shall turn the audible alert off. A device that contains a nonaudible alert, such as a silent vibration, may be operated in a nonaudible manner within an Assembly committee room. Failure to follow a warning issued by the chair may result in the device(s) being confiscated upon direction of the chair for the remainder of the meeting.
Rule No. 60. Reserved.
Rule No. 61. Privilege of Closing Debate.
The author of a bill, a resolution or a main question shall have the privilege of closing the debate, unless the previous question has been sustained.
Rule No. 62. Points of Order.
If any member, in speaking or otherwise, transgresses the rules of the Assembly, the chair shall, or any member may, call to order, in which case the member so called to order shall immediately yield to the floor, unless permitted to explain; and if called to order by a member, such member shall immediately state the point of order. If the point of order be sustained by the presiding officer, the member shall not be allowed to proceed; but if it be not sustained, then the member shall be permitted to go on.
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by the presiding officer, the member shall not be allowed to proceed; but if it be not sustained, then the member shall be permitted to go on. Every such decision from the presiding officer shall be subject to an appeal to the committee; but no discussion of the question of order shall be allowed unless an appeal be taken from the decision of the presiding officer.
Rule No. 63. Reserved.
VI. RULES GOVERNING MOTIONS
Rule No. 64. Entertaining.
No motion may be debated until it is distinctly announced by the presiding officer. The presiding officer, upon his or her own motion or at the request of a member, may direct that the motion be reduced to writing and be read by the Chief Clerk before the motion is debated. A motion may be withdrawn by the maker at any time before amendment or before the motion is put to vote.
Particular Motions
Rule No. 65. Indefinite Postponement.
When a question is postponed indefinitely, the same question must not be considered again during the session and the question is not subject to a motion for reconsideration.
Rule No. 66. To Strike Enacting Clause.
A motion to strike out the enacting clause of a bill or resolution does not take precedence over any other subsidiary motion. If the motion is carried, it shall be considered equivalent to the rejection of such bill or resolution.
Rule No. 67. Division of Question.
Any member may call for a division of the question, which shall be divided, if it comprehends propositions in substance so distinct that, one being taken away, a substantive proposition shall remain for the decision of the Assembly. A motion to strike out being lost shall preclude neither amendment nor a motion to strike out and insert. A motion to strike out and insert shall be deemed indivisible.
Rule No. 68. Reserved.
The next rule is 80.
VII. DEBATE
Rule No. 80. Speaking on Question.
1. No member shall speak more than twice during the consideration of any one question, on the same day, and at the same stage of proceedings, without leave. Members who have once spoken shall not again be entitled to the floor (except for explanation) to the exclusion of others who have not spoken.
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2. When a member speaks under Order of Business 11, 12, 13 or 14 of Assembly Standing Rule No. 120, the member must limit his or her remarks to an explanation of the issue or an explanation of the bill, resolution, initiative petition or amendment. If the member desires to speak on the importance of such issue, bill, resolution, initiative petition or amendment, the member must request permission to speak under Order of Business 15 of Assembly Standing Rule No. 120.
Rule No. 81. Previous Question.
The previous question shall be put only when demanded by three members and sustained by a majority vote of the members present. The previous question shall not be moved by the member last speaking on the question.
Rule No. 82. Privilege of Closing Debate.
The author of a bill, a resolution or a main question shall have the privilege of closing the debate, unless the previous question has been sustained.
The next rule is 91.
VIII. CONDUCT OF BUSINESS
A. Rules and Procedure
Rule No. 91. Rescission, Change or Suspension of Rule.
No standing rule or order of the Assembly shall be rescinded or changed without a vote of a majority of the members elected; but a rule or order may be suspended temporarily by a vote of a majority of the members present.
Rule No. 92. Reserved.
Rule No. 93. Reserved.
Rule No. 94. Privilege of the Floor and Lobbying.
1. Except as otherwise provided in subsection 2, no person, except former Assemblymen and Assemblywomen not currently serving in the Senate, and state officers, may be admitted at the bar of the Assembly, except by special invitation on the part of some member; but a majority may authorize the Speaker to have the Assembly cleared of all such persons. No person may do any lobbying upon the floor of the Assembly at any time, and it is the duty of the Sergeant at Arms to remove any person violating any of the provisions of this Rule.
2. A former Senator or former Assemblyman or Assemblywoman who is expelled from service in the Senate or the Assembly shall have the privilege of the floor only with permission of the Speaker.
Rule No. 95. Material Placed on Legislators Desks.
All papers, letters, notes, pamphlets and other written material placed upon the desk of a member of the Assembly shall contain the signature of the Legislator requesting the placement of such material on the desk or shall contain a designation of the origin of such material.
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shall contain a designation of the origin of such material. This Rule does not apply to Legislative Counsel Bureau material.
Rule No. 96. Peddling, Begging and Soliciting.
1. Peddling, begging and soliciting are strictly forbidden in the Assembly Chambers, and in the lobby, gallery and halls adjacent thereto.
2. No part of the Assembly Chambers may be used for, or occupied by, signs or other devices for any kind of advertising.
3. No part of the hallways adjacent to the Assembly Chambers may be used for, or occupied by, signs or other devices for any kind of advertising for commercial or personal gain. Notices for nonprofit, nonpartisan, civic or special legislative events may be posted in a designated area of the hallways adjacent to the Assembly Chambers with the approval of the Chief Clerk.
Rule No. 97. Petitions and Other Papers.
Petitions and other papers addressed to the Assembly shall be presented by the Speaker, or by a member in the Speakers place. A brief statement of the contents thereof shall be read for information. They shall not be debated on the day of their being presented, but shall be on the table, or be referred, as the Assembly shall determine.
Rule No. 98. Request of Purpose.
A member may request the purpose of a bill or resolution upon its introduction.
Rule No. 99. Remarks.
The remarks of all members on final passage of bills and initiative petitions and on adoption of resolutions shall be included in the days journal. In addition, it shall be in order for members to make remarks under other orders of business and, subject to the approval of the majority of the members present, request that such remarks be entered in the Journal.
Rule No. 100. Precedence of Parliamentary Authority.
The precedence of parliamentary authority in the Assembly is:
1. The Constitution of the State of Nevada and judicial decisions thereon.
2. The Standing Rules of the Assembly and the Joint Standing Rules of the Senate and Assembly.
3. Custom, usage and precedence.
4. The Statutes of the State of Nevada.
5. Masons Manual of Legislative Procedure.
Rule No. 101. Reserved.
Rule No. 102. Privileged Questions.
Privileged questions have precedence over all others in the following order:
1. Motions to fix the time to which the Assembly shall adjourn.
2. Motions to adjourn.
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3. Questions relating to the rights and privileges of the Assembly or any of its members.
4. A call of the House.
5. Motions for special orders.
Rule No. 103. Reserved.
B. Bills
Rule No. 104. Reserved.
Rule No. 105. Reserved.
Rule No. 106. Skeleton Bills.
The introduction of skeleton bills is authorized when, in the opinion of the sponsor and the Legislative Counsel, the full drafting of the bill would entail extensive research or be of considerable length. A skeleton bill will be provided for purposes of introduction and committee referral. Such a bill will be a presentation of ideas or statements of purpose, sufficient in style and expression to enable the Legislature and the committee to which the bill may be referred to consider the substantive merits of the legislation proposed.
Rule No. 107. Reserved.
Rule No. 108. Reserved.
Rule No. 109. Reading of Bills.
The first reading of a bill shall be for information. If there is objection, the question shall be, Shall the bill be rejected? If the question to reject fails to receive a majority vote by the members present, or if there is no objection, the bill shall take the proper course. If the question to reject receives a majority vote of the members present, the bill shall be rejected. The same question must not be considered again during the session, and the question is not subject to a motion for reconsideration. No bill shall be referred to a committee until after the first reading, nor amended until after the second reading.
Rule No. 110. Second Reading and Amendment of Bills.
1. All bills must be read the second time on the first legislative day after which they are reported by committee, unless a different day is designated by motion. Upon second reading, Assembly bills reported without amendments shall be placed on the General File and Senate bills reported without amendments shall be placed on the General File. Committee amendments reported with bills shall be considered upon their second reading or third reading, as appropriate, and such amendments may be adopted by a majority vote of the members present. Any amendment which is numbered and made available to all members must be moved and voted upon by number. Assembly bills so amended must be reprinted, then engrossed or reengrossed, as applicable, and placed on the General File. Senate bills so amended must be reprinted, then engrossed or reengrossed, as applicable, and placed on the General File.
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2. Any member may move to amend a bill during its second or third reading, and such a 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 with committee amendments. Any bill so amended upon the General File must be reprinted and then engrossed or reengrossed, as applicable. A member who moves to amend a bill during its second reading must limit his or her remarks to an explanation of the amendment. If the member desires to speak on the importance of the amendment, the member must request permission to speak under Order of Business 15 of Assembly Standing Rule No. 120.
3. The reprinting of amended bills may be dispensed with upon a majority vote of the members present.
4. It shall not be in order to consider an amendment that removes all sponsors of a bill or resolution.
Rule No. 111. Consent Calendar.
1. A standing committee may by unanimous vote of the members present report a bill with the recommendation that it be placed on the Consent Calendar. The question of recommending a bill for the Consent Calendar may be voted upon in committee only after the bill has been recommended for passage and only if no amendment is recommended.
2. The Chief Clerk shall maintain a list of bills recommended for the Consent Calendar. The list must be printed in the Daily History and must include the summary of each bill, and the date the bill is scheduled for consideration on final passage.
3. At any time before the presiding officer calls for a vote on the passage of the Consent Calendar, a member may give written notice to the Chief Clerk or state orally from the floor of the Assembly in session that he or she requests the removal of a particular bill from the Consent Calendar. If a member so requests, the Chief Clerk shall remove the bill from the Consent Calendar and transfer it to the Second Reading File or General File, as appropriate. A bill removed from the Consent Calendar may not be restored to that Calendar.
4. During floor consideration of the Consent Calendar, members may ask questions and offer explanations relating to the respective bills.
5. When the Consent Calendar is brought to a vote, the bills remaining on the Consent Calendar must be read by number and summary and the vote must be taken on their final passage as a group.
Rule No. 112. Reserved.
Rule No. 113. General File.
1. All bills and initiative petitions reported to the Assembly, by the Committee of the Whole, a standing committee, a conference committee or a special committee, after receiving their second readings must be placed upon the General File, to be kept by the Chief Clerk. The Chief Clerk shall post a daily statement of the bills on the General File. The Chief Clerk shall likewise post notices of special orders as made.
2. A member who moves to amend a bill or initiative petition during its third reading must limit his or her remarks to an explanation of the amendment. If the member desires to speak on the importance of the amendment, the member must request permission to speak under Order of Business 15 of Assembly Standing Rule No.
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amendment, the member must request permission to speak under Order of Business 15 of Assembly Standing Rule No. 120.
3. A member who speaks on third reading regarding the final passage of a bill or initiative petition must limit his or her remarks to an explanation of the bill or initiative petition. If the member desires to speak on the importance of the bill or initiative petition, the member must request permission to speak under Order of Business 15 of Assembly Standing Rule No. 120.
Rule No. 114. Reserved.
Rule No. 115. Reconsideration of Vote on Bill.
1. A motion to reconsider a final vote on a bill, resolution or initiative petition shall be in order only on the day on which the final vote is taken, and the vote on such a motion to reconsider must be taken on the same day. The motion to reconsider can be made only by a member who voted with the prevailing side.
2. A motion to reconsider a vote on an amendment to a pending question must be made at once and can be made only by a member who voted with the prevailing side.
3. A motion to reconsider shall have precedence over every other motion, including a motion to adjourn, if the motion is to reconsider a final vote on a bill, resolution or initiative petition. If the motion to reconsider is for any other action, the motion has precedence over every other motion, except a motion to adjourn or to fix the time to adjourn; and when the Assembly adjourns while a motion to reconsider is pending, the right to move a reconsideration shall continue to the next day of sitting.
Rule No. 116. Vetoed Bills.
1. Bills that have passed both Houses of the Legislature and are transmitted to the Assembly accompanied by a message or statement of the Governors disapproval or veto of the same must:
(a) Be taken up and considered immediately upon the coming in of the message transmitting the same; or
(b) Become the subject of a special order.
2. When the message is received, or if made a special order, when the special order is called, the said message or statement must be read together with the bill or bills so disapproved or vetoed. The message and bill must be read by the Chief Clerk without interruption, consecutively, one following the other, and not upon separate occasions. No such bill or message may be referred to any committee, or otherwise acted upon save as provided by law and custom. It shall not be in order, at any time, to vote upon such a vetoed bill unless the same shall first have been read, from the first word of its title to and including the last word of its final section. The message or statement containing the objections of the Governor to the bill must be entered in the Journal of the Assembly.
Rule No. 117. Reserved.
κ2020 Statutes of Nevada, 32nd Special Session, Page 155 (FILE NUMBER 4, AR 1)κ
C. Resolutions
Rule No. 118. Joint Resolutions.
1. A joint resolution must be used to:
(a) Propose an amendment to the Nevada Constitution.
(b) Ratify a proposed amendment to the United States Constitution.
(c) Address the President of the United States, Congress, either House or any committee or member of Congress, any department or agency of the Federal Government, or any other state of the Union.
2. A roll call vote must be taken on final adoption of a joint resolution.
3. Joint resolutions, upon enrollment, must be delivered to the Secretary of State.
4. Joint resolutions proposing amendments to the Nevada Constitution or ratifying a proposed amendment to the United States Constitution must be entered in the Journal in their entirety.
Rule No. 119. Return from the Secretary of State.
An Assembly resolution may be used to request the return from the Secretary of State of an enrolled Assembly resolution for further consideration.
D. Order of Business
Rule No. 120. Order of Business.
The Order of Business must be as follows:
1. Call to Order.
2. Reading and Approval of Journal.
3. Presentation of Petitions.
4. Reports of Standing Committees.
5. Reports of Select Committees.
6. Communications.
7. Messages from the Senate.
8. Motions, Resolutions and Notices.
9. Introduction, First Reading and Reference.
10. Consent Calendar.
11. Second Reading and Amendment.
12. General File and Third Reading.
13. Unfinished Business of Preceding Day.
14. Vetoed Bills and Special Orders of the Day.
15. Remarks from the Floor, limited to 3 minutes.
E. Remote-Technology Systems
Rule No. 121. Short Title; Precedence of Rules.
1. Rules Nos. 121 to 125, inclusive, may be cited as the Remote-Technology Rules.
2. The Remote-Technology Rules supersede, take precedence and control over any other rule, provision or principle of law to the extent of any conflict with the Remote-Technology Rules.
κ2020 Statutes of Nevada, 32nd Special Session, Page 156 (FILE NUMBER 4, AR 1)κ
Rule No. 122. Public Purposes and Construction of Rules.
1. The Remote-Technology Rules are intended to serve the following public purposes:
(a) To protect the health, safety and welfare of Legislators, members of legislative staff and others who participate in the legislative process amid the ongoing and widespread public-health crisis caused by the COVID-19 pandemic, the Remote-Technology Rules are intended to authorize necessary protective and safety measures intended to keep the legislative process as safe and free as reasonably possible from the extraordinary danger, risk, harm, injury and peril posed by the COVID-19 pandemic.
(b) To enable the members of the Assembly to represent their constituents and carry out their official powers, functions, duties and responsibilities in the legislative process amid the ongoing and widespread public-health crisis caused by the COVID-19 pandemic, the Remote-Technology Rules are intended to authorize members of the Assembly, under certain circumstances, to use remote-technology systems to attend, participate, vote and take any other action in legislative proceedings when determined to be necessary as a protective or safety measure to keep the legislative process as safe and free as reasonably possible from the extraordinary danger, risk, harm, injury and peril posed by the COVID-19 pandemic.
(c) To safeguard the workings of the Legislative Department of Nevadas State Government and preserve and protect the continuity and efficacy of its legislative operations amid the ongoing and widespread public-health crisis caused by the COVID-19 pandemic, the Remote-Technology Rules are intended to ensure that the Assembly may efficiently and effectively carry out its official powers, functions, duties and responsibilities which are expressly and exclusively assigned to the Assembly by the Nevada Constitution and which cannot be exercised or performed by any other body or branch of Nevadas State Government.
2. Because of the extraordinary danger, risk, harm, injury and peril posed by the COVID-19 pandemic, the Remote-Technology Rules must be liberally construed to achieve their intended public purposes, and if there is any uncertainty or doubt regarding the interpretation or application of the Remote-Technology Rules, that uncertainty or doubt must be resolved in favor of carrying out the intended public purposes of the Remote-Technology Rules.
Rule No. 123. Definitions.
As used in the Remote-Technology Rules, unless the context otherwise requires, remote-technology system means any system or other means of communication that is:
1. Approved by the Speaker and uses any electronic, digital or other similar technology to enable a member of the Assembly from a remote location to attend, participate, vote and take any other action in any proceedings of the Assembly or the Committee of the Whole even though the member is not physically present within the Assembly Chambers or at a meeting of the Committee of the Whole.
2. Approved by the chair of a committee, other than the Committee of the Whole, and uses any electronic, digital or other similar technology to enable a member of the Assembly from a remote location to attend, participate, vote and take any other action in any proceedings of the committee even though the member is not physically present at a meeting of the committee.
κ2020 Statutes of Nevada, 32nd Special Session, Page 157 (FILE NUMBER 4, AR 1)κ
participate, vote and take any other action in any proceedings of the committee even though the member is not physically present at a meeting of the committee.
Rule No. 124. Authorized Use of Remote-Technology Systems to Carry Out Public Purposes.
1. Upon request by a member of the Assembly:
(a) The Speaker may authorize the member to use a remote-technology system to attend, participate, vote and take any other action in any proceedings of the Assembly or the Committee of the Whole if the Speaker determines that such use by the member is necessary as a protective or safety measure to carry out the public purposes of the Remote-Technology Rules. If the Speaker grants such authorization, it must be entered in the Journal of the Assembly.
(b) The chair of a committee, other than the Committee of the Whole, may authorize the member to use a remote-technology system to attend, participate, vote and take any other action in any proceedings of the committee if the chair determines that such use by the member is necessary as a protective or safety measure to carry out the public purposes of the Remote-Technology Rules. If the chair grants such authorization, it must be entered in the records of the committee.
2. If a member of the Assembly uses a remote-technology system to attend, participate, vote and take any other action in any proceedings pursuant to the Remote-Technology Rules, the member shall be deemed to be present and in attendance at the proceedings for all purposes.
3. For the purposes of voting in proceedings of:
(a) The Assembly or the Committee of the Whole, the Chief Clerk of the Assembly, or an authorized assistant, shall call the roll of each member who is authorized to use a remote-technology system for the proceedings and, in accordance with the procedures of the Assembly, cause the members vote to be entered into the record for the purposes of the Journal of the Assembly or the records of the Committee of the Whole, as applicable.
(b) A committee, other than the Committee of the Whole, the committee secretary shall call the roll of each member who is authorized to use a remote-technology system for the proceedings and, in accordance with the procedures of the committee, cause the members vote to be entered into the record for the purposes of the records of the committee.
Rule No. 125. Authority to Adopt Rules.
1. The Assembly hereby finds and declares that:
(a) The Nevada Constitution invests each House of the Legislature with certain plenary and exclusive constitutional powers which 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 Nevadas State Government. (Heller v. Legislature, 120 Nev. 456 (2004); Commission on Ethics v. Hardy, 125 Nev. 285 (2009); Masons Manual of Legislative Procedure §§ 2-3 & 560-564 (2010) (Masons Manual))
(b) Section 6 of Article 4 of the Nevada Constitution invests each House with plenary and exclusive constitutional powers to determine the rules of its proceedings and to govern, control and regulate 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 the President of the Senate), determine the rules of its proceedings and may punish its members for disorderly conduct, and with the concurrence of two thirds of all the members elected, expel a member.
κ2020 Statutes of Nevada, 32nd Special Session, Page 158 (FILE NUMBER 4, AR 1)κ
that: Each House shall judge of the qualifications, elections and returns of its own members, choose its own officers (except the President of the Senate), determine the rules of its proceedings and may punish its members for disorderly conduct, and with the concurrence of two thirds of all the members elected, expel a member.
(c) In addition to its plenary and exclusive constitutional powers, each House possesses certain inherent powers of institutional self-protection and self-preservation to govern, control and regulate its membership and its internal organization, affairs and management. (In re Chapman, 166 U.S. 661, 668 (1897); Masons Manual § 2; Luther S. Cushing, Elements of the Law & Practice of Legislative Assemblies § 533 (1856) (Cushings Legislative Assemblies))
(d) The inherent powers of each House are considered so essential to the authority of a legislative assembly, that it cannot well exist without them; and they are consequently entitled to be regarded as belonging to every such assembly as a necessary incident. (Cushings Legislative Assemblies § 533)
(e) The inherent powers of each House authorize it to take all necessary and proper institutional actions that are recognized by the common parliamentary law. (Cushings Legislative Assemblies § 684)
(f) Thus, it is well established that each House is vested with all the powers and privileges which are necessary and incidental to a free and unobstructed exercise of its appropriate functions. These powers and privileges are derived not from the Constitution; on the contrary, they arise from the very creation of a legislative body, and are founded upon the principle of self-preservation. (Ex parte McCarthy, 29 Cal. 395, 403 (1866))
(g) Under the Nevada Constitution, there are no constitutional provisions establishing a particular method for determining whether a member of either House is present at legislative proceedings.
(h) The United States Supreme Court has held that when there are no constitutional provisions establishing a particular method for determining whether a member of a legislative house is present at legislative proceedings, it is therefore within the competency of the house to prescribe 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 also held that when a legislative house adopts a rule establishing a reasonable method 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 or folly, of such a rule present any matters for judicial consideration. With the courts the question is only one of power. The constitution empowers each house to determine its rules of proceedings. It may not by its rules ignore constitutional restraints or violate fundamental rights, and there should be a reasonable relation between the mode or method of proceeding established by the rule and the result which is sought to be attained. But within these limitations 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 be better, more accurate, or even more just. It is no objection to the validity of a rule that a different one has been prescribed and in force for a length of time.
κ2020 Statutes of Nevada, 32nd Special Session, Page 159 (FILE NUMBER 4, AR 1)κ
length of time. The power to make rules is not one which once exercised is exhausted. It is a continuous power, always subject to be exercised by the house, and, within the limitations suggested, absolute and beyond the challenge of any other body or tribunal.
(United States v. Ballin, 144 U.S. 1, 5 (1892))
2. The Assembly hereby exercises its constitutional and inherent powers and privileges and adopts the Remote-Technology Rules to:
(a) Govern, control and regulate its membership and its internal organization, affairs and management;
(b) Ensure its institutional self-protection and self-preservation; and
(c) Establish a reasonable method for determining whether a member of the Assembly is present at legislative proceedings amid the ongoing and widespread public-health crisis caused by the COVID-19 pandemic in order to keep the legislative process as safe and free as reasonably possible from the extraordinary danger, risk, harm, injury and peril posed by the COVID-19 pandemic.
Rule No. 126. Reserved.
Rule No. 127. Reserved.
Rule No. 128. Reserved.
The next rule is 140.
IX. LEGISLATIVE INVESTIGATIONS AND MISCELLANEOUS
Rule No. 140. Compensation of Witnesses.
Witnesses summoned to appear before the Assembly or any of its committees must be compensated as provided by law for witnesses required to attend in the courts of the State of Nevada.
Rule No. 141. Use of the Assembly Chamber.
The Assembly Chamber shall not be used for any public or private business other than legislative, except by permission of the Assembly.
X. SPECIAL SESSIONS
Rule No. 142. Request for Drafting of Bills, Resolutions or Amendments.
1. Except as otherwise provided in subsections 2 and 3, the Legislative Counsel shall not honor a request for the drafting of a bill or resolution to be introduced in the Assembly during a special session, or an amendment to a bill or resolution, unless it is submitted by the Speaker, the Committee of the Whole, such other committees as the Speaker may appoint for a special session, or a conference committee.
2. The standing Committee on Legislative Operations and Elections may request the drafting of three Assembly resolutions and one Assembly concurrent resolution necessary to establish the rules, staffing, operation and organization of the Assembly and the Legislature for a special session.
κ2020 Statutes of Nevada, 32nd Special Session, Page 160 (FILE NUMBER 4, AR 1)κ
3. The Speaker may request the drafting of five bills for a special session without seeking the approval of the Assembly.
The next rule is 150.
XI. ASSEMBLY EMERGENCY RULES
Rule No. 150. Requirement of Face Covering and Social Distancing.
1. Except as otherwise provided in subsection 2, or as reasonably necessary for eating or drinking, a member shall cover his or her mouth and nose with a multi-layer cloth face covering and observe social distancing guidelines in accordance with recommendations of the United States Centers for Disease Control and Prevention when in:
(a) Any common area, committee room, or House Chamber of the Legislative Building or any facility where a standing or an interim legislative committee meeting is held; or
(b) The presence of another person, including, without limitation, legislative staff, interns, lobbyists, or press representatives, within a private office or caucus room.
2. A member who is unable to wear cloth face covering due to a medical condition shall submit a physicians statement to the Chief Clerk.
3. A member found guilty by the House of a breach of this rule shall not vote or speak on the floor or committee except to explain and apologize for the breach, until the member has made satisfaction to the House for the breach.
Rule No. 151. Responsibilities of Members to Monitor Health.
1. Each member is responsible to monitor his or her own health.
2. A member who begins to experience symptoms of COVID-19, becomes aware of potential exposure to COVID-19, goes into quarantine after being exposed to COVID-19, or is diagnosed with COVID-19 shall immediately notify the Speaker and the Chief Clerk and leave the Legislative Building and grounds.
3. At the discretion of the Speaker, a member may be permitted to continue work following potential exposure to COVID-19 provided he or she remains asymptomatic and adheres to the following practices prior to and during work:
(a) The members temperature is taken daily and symptoms assessed prior to entering the Legislative Building for 14 days following potential exposure.
(b) The member self-monitors his or her health under the supervision of their attending family physician for 14 days following potential exposure.
(c) The member wears a multi-layer cloth face covering over the nose and mouth at all times while in the Legislative Building for 14 days after his or her last exposure.
(d) The member practices social distancing.
And be it further
Resolved, That this resolution becomes effective upon adoption.
________
κ2020 Statutes of Nevada, 32nd Special Session, Page 161κ
Assembly Resolution No. 2Committee on Legislative Operations and Elections
FILE NUMBER 5
Assembly RESOLUTION — Providing for the appointment of the Assembly attaches.
Resolved by the Assembly of the State of Nevada, That the following persons are elected as attaches of the Assembly for the 32nd Special Session of the Legislature of the State of Nevada: Carol Aiello-Sala, Lucinda Benjamin, Sylvia Dominguez-Curry, Sandro Figueroa, Celssie Hardy, Jason Hataway, Bonnie Borda Hoffecker, Susan Hoffman, Roberto Lusanta Jr., Julieanna McManus, Nicole Madden, Deborah Paul, Kelley Perkins and Mary Matheus; and be it further
Resolved, That this resolution becomes effective upon adoption.
________
Assembly Resolution No. 3Committee on Legislative Operations and Elections
FILE NUMBER 6
Assembly RESOLUTION — Providing that no allowances will be paid for the 32nd Special Session of the Nevada Legislature for periodicals, stamps, stationery or communications.
Resolved by the Assembly of the State of Nevada, That for the 32nd Special Session of the Nevada Legislature, no allowances will be paid for members of the Assembly for periodicals, stamps, stationery or the use of telephones and no allowances will be paid for the Speaker, Speaker Pro Tempore, Majority Leader, Minority Leader or chair of a committee of the Assembly for postage, telephone tolls or other charges for communications; and be it further
Resolved, That this resolution becomes effective upon adoption.
________
κ2020 Statutes of Nevada, 32nd Special Session, Page 162κ
Assembly Concurrent Resolution No. 1Committee on Legislative Operations and Elections
FILE NUMBER 7
ASSEMBLY CONCURRENT RESOLUTION — Adopting the Joint Rules of the Senate and Assembly for the 32nd Special Session of the Nevada Legislature.
Resolved by the Assembly of the State of Nevada, the Senate Concurring, That the following Joint Rules of the Senate and Assembly for the 32nd Special Session of the Legislature are hereby adopted:
APPLICABILITY OF JOINT RULES
Rule No. 1. Generally.
The Joint Rules for the 32nd Special Session of the Legislature are applicable only during the 32nd Special Session of the Legislature.
CONFERENCE COMMITTEES
Rule No. 2. Procedure Concerning.
1. In every case of an amendment of a bill, or joint or concurrent resolution, agreed to in one House, dissented from in the other, and not receded from by the one making the amendment, each House may appoint a committee to confer with a like committee to be appointed by the other; and, if appointed, the committee shall meet publicly at a convenient hour to be agreed upon by their respective chairs and announced publicly, and shall confer upon the differences between the two Houses as indicated by the amendments made in one and rejected in the other and report as early as convenient the result of their conference to their respective Houses.
2. The report shall be made available to all members of both Houses. The whole subject matter embraced in the bill or resolution shall be considered by the committee, and it may recommend recession by either House, new amendments, new bills or resolutions, or other changes as it sees fit. New bills or resolutions so reported shall be treated as amendments unless the bills or resolutions are composed entirely of original matter, in which case they shall receive the treatment required in the respective Houses for original bills, or resolutions, as the case may be. A conference committee shall not recommend any action which would cause the creation of more than one reprint or more than one bill or resolution.
3. The report of a conference committee may be adopted by acclamation. The report is not subject to amendment.
4. There shall be but one conference committee on any bill or resolution. A majority of the members of a conference committee from each House must be members who voted for the passage of the bill or resolution.
κ2020 Statutes of Nevada, 32nd Special Session, Page 163 (FILE NUMBER 7, ACR 1)κ
MESSAGES
Rule No. 3. Procedure Concerning.
1. Proclamations by the Governor convening the Legislature in special session must be filed and entered in the Journal of proceedings.
2. Whenever a message from the Governor is received, it shall be entered in full in the Journal of proceedings.
3. Messages from the Senate to the Assembly shall be delivered by the Secretary of the Senate or a person designated by the Secretary and messages from the Assembly to the Senate shall be delivered by the Chief Clerk of the Assembly or a person designated by the Chief Clerk.
NOTICE OF FINAL ACTION
Rule No. 4. Communications.
Each House shall communicate its final action on any bill or resolution, or matter in which the other may be interested, by written notice. Each such notice sent by the Senate must be signed by the Secretary of the Senate, or a person designated by the Secretary. Each such notice sent by the Assembly must be signed by the Chief Clerk of the Assembly, or a person designated by the Chief Clerk.
BILLS AND JOINT RESOLUTIONS
Rule No. 5. Signature.
Each enrolled bill or joint resolution shall be presented to the presiding officers of both Houses for signature. The presiding officer of the Senate shall sign the bill or joint resolution and the presiding officer of the Assembly, after an announcement of his or her intention to do so is made in open session, shall sign the bill or joint resolution. Their signatures shall be followed by those of the Secretary of the Senate and Chief Clerk of the Assembly.
Rule No. 6. Joint Sponsorship.
1. A bill or resolution introduced by a committee of the Senate or Assembly may, at the direction of the chair of the committee, set forth the name of a committee of the other House as a joint sponsor, if a majority of all members appointed to the committee of the other House votes in favor of becoming a joint sponsor of the bill or resolution. The name of the committee joint sponsor must be set forth on the face of the bill or resolution immediately below the date on which the bill or resolution is introduced.
2. The Legislative Counsel shall not cause to be printed the name of a committee as a joint sponsor on the face of a bill or resolution unless the chair of the committee has signed his or her name next to the name of the committee on the colored back of the introductory copy of the bill or resolution that was submitted to the front desk of the House of origin or the statement required by subsection 4.
3. Upon introduction, any bill or resolution that sets forth the names of primary joint sponsors must be numbered in the same numerical sequence as other bills and resolutions of the same House of origin are numbered.
κ2020 Statutes of Nevada, 32nd Special Session, Page 164 (FILE NUMBER 7, ACR 1)κ
4. Once a bill or resolution has been introduced, a primary joint sponsor or nonprimary joint sponsor may only be added or removed by amendment of the bill or resolution. An amendment which proposes to add or remove a primary joint sponsor must not be considered by the House of origin of the amendment unless a statement requesting the addition or removal is attached to the copy of the amendment submitted to the front desk of the House of origin of the amendment. If the amendment proposes to add or remove a committee as a primary joint sponsor, the statement must be signed by the chair of the committee. A copy of the statement must be transmitted to the Legislative Counsel if the amendment is adopted.
5. An amendment that proposes to add or remove a primary joint sponsor may include additional proposals to change the substantive provisions of the bill or resolution or may be limited only to the proposal to add or remove a primary joint sponsor.
PUBLICATIONS
Rule No. 7. Ordering and Distribution.
1. The bills, resolutions, journals and histories will be provided electronically to the officers and members of the Senate and Assembly, the staff of the Legislative Counsel Bureau, the press and the general public on the Nevada Legislatures Internet website.
2. Each House may order the printing of bills introduced, reports of its own committees, and other matters pertaining to that House only; but no other printing may be ordered except by a concurrent resolution passed by both Houses. Each Senator is entitled to the free distribution of four copies of each bill introduced in each House, and each Assemblyman and Assemblywoman to such a distribution of two copies. Additional copies of such bills may be distributed at a charge to the person to whom they are addressed. The amount charged for distribution of the additional copies must be determined by the Director of the Legislative Counsel Bureau to approximate the cost of handling and postage for the entire session.
RESOLUTIONS
Rule No. 8. Types, Usage and Approval.
1. A joint resolution must be used to:
(a) Propose an amendment to the Nevada Constitution.
(b) Ratify a proposed amendment to the United States Constitution.
(c) Address the President of the United States, Congress, either House or any committee or member of Congress, any department or agency of the Federal Government, or any other state of the Union.
2. A concurrent resolution must be used to:
(a) Amend these Joint Standing Rules which requires a majority vote of each House for adoption.
(b) Request the return from the Governor of an enrolled bill for further consideration.
(c) Request the return from the Secretary of State of an enrolled joint or concurrent resolution for further consideration.
(d) Resolve that the return of a bill from one House to the other House is necessary and appropriate.
κ2020 Statutes of Nevada, 32nd Special Session, Page 165 (FILE NUMBER 7, ACR 1)κ
(e) Express facts, principles, opinions and purposes of the Senate and Assembly.
(f) Establish a joint committee of the two Houses.
(g) Direct the Legislative Commission to conduct an interim study.
3. A concurrent resolution or a resolution of one House may be used to memorialize a former member of the Legislature or other notable or distinguished person upon his or her death.
4. A resolution of one House may be used to request the return from the Secretary of State of an enrolled resolution of the same House for further consideration.
5. A resolution of one House may be used for any additional purpose determined appropriate by the Majority Leader of the Senate or the Speaker of the Assembly, respectively.
AMENDMENTS
Rule No. 9. Germaneness Required.
1. The Legislative Counsel shall not honor a request for the drafting of an amendment to a bill or resolution if the subject matter of the amendment is independent of, and not specifically related and properly connected to, the subject that is expressed in the title of the bill or resolution.
2. For the purposes of this Rule, an amendment is independent of, and not specifically related and properly connected to, the subject that is expressed in the title of a bill or resolution if the amendment relates only to the general, single subject that is expressed in that title and not to the specific whole subject matter embraced in the bill or resolution.
3. This Rule must be narrowly construed.
ADJOURNMENT
Rule No. 10. Limitations and Calculation of Duration.
1. In calculating the permissible duration of an adjournment for 3 days or less, Sunday must not be counted.
2. The Legislature may adjourn for more than 3 days by motion based on mutual consent of the Houses or by concurrent resolution. One or more such adjournments may be taken to permit a committee or the Legislative Counsel Bureau to prepare the matters respectively entrusted to them for the consideration of the Legislature as a whole.
EXPENDITURES FROM THE LEGISLATIVE FUND
Rule No. 11. Manner of Authorization.
Except for routine salary, travel, equipment and operating expenses, no expenditures shall be made from the Legislative Fund without the authority of a concurrent resolution regularly adopted by the Senate and Assembly.
κ2020 Statutes of Nevada, 32nd Special Session, Page 166 (FILE NUMBER 7, ACR 1)κ
RECORDS OF COMMITTEE PROCEEDINGS
Rule No. 12. Duties of Secretary of Committees and Director.
1. Each committee shall cause a record to be made of the proceedings of its meetings.
2. The secretary of a committee shall:
(a) Label each record with the date, time and place of the meeting and also indicate on the label the numerical sequence in which the record was made;
(b) Keep the records in chronological order; and
(c) Deposit the records upon their completion with the Research Library of the Legislative Counsel Bureau.
3. The Director of the Legislative Counsel Bureau shall:
(a) Make the records available for accessing by any person during office hours under such reasonable conditions as the Director may deem necessary; and
(b) Retain the records for two bienniums and at the end of that period keep some form or copy of the record in any manner the Director deems reasonable to ensure access to the record in the foreseeable future.
Rule No. 13. Reserved.
ANTI-HARASSMENT POLICY
Rule No. 14. Maintenance of Working Environment; Procedure for Filing, Investigating and Taking Remedial Action on Complaints.
1. The Legislature hereby declares that it is the policy of the Legislature to prohibit any conduct, whether intentional or unintentional, which results in sexual harassment or other unlawful harassment based upon any other protected category. The Legislature intends to maintain a working environment which is free from sexual harassment and other unlawful harassment. Each Legislator is responsible to conduct himself or herself in a manner which will ensure that others are able to work in such an environment.
2. In accordance with Title VII of the Civil Rights Act, 42 U.S.C. §§ 2000e et seq., for the purposes of this Rule, sexual harassment means unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature when:
(a) Submission to such conduct is made either explicitly or implicitly a term or condition of a persons employment;
(b) Submission to or rejection of such conduct by a person is used as the basis for employment decisions affecting the person; or
(c) Such conduct has the purpose or effect of unreasonably interfering with a persons work performance or creating an intimidating, hostile or offensive working environment.
3. Each Legislator must exercise his or her own good judgment to avoid engaging in conduct that may be perceived by others as sexual harassment. The following noninclusive list provides illustrations of conduct that the Legislature deems to be inappropriate:
κ2020 Statutes of Nevada, 32nd Special Session, Page 167 (FILE NUMBER 7, ACR 1)κ
(a) Verbal conduct such as epithets, derogatory comments, slurs or unwanted sexual advances, invitations or comments;
(b) Visual conduct such as derogatory posters, photography, cartoons, drawings or gestures;
(c) Physical conduct such as unwanted touching, blocking normal movement or interfering with the work directed at a person because of his or her sex; and
(d) Threats and demands to submit to sexual requests to keep a persons job or avoid some other loss, and offers of employment benefits in return for sexual favors.
4. In addition to other prohibited conduct, a complaint may be brought pursuant to this Rule for engaging in conduct prohibited by Rule No. 37 of the Joint Rules of the Senate and Assembly for the 80th Session of the Legislature when the prohibited conduct is based on or because of the gender or other protected category of the person.
5. Retaliation against a person for engaging in protected activity is prohibited. Retaliation occurs when an adverse action is taken against a person which is reasonably likely to deter the person from engaging in the protected activity. Protected activity includes, without limitation:
(a) Opposing conduct that the person reasonably believes constitutes sexual harassment or other unlawful harassment;
(b) Filing a complaint about the conduct; or
(c) Testifying, assisting or participating in any manner in an investigation or other proceeding related to a complaint of sexual harassment or other unlawful harassment.
6. A Legislator who encounters conduct that the Legislator believes is sexual harassment, other unlawful harassment, retaliation or otherwise inconsistent with this policy may file a written complaint with:
(a) The Speaker of the Assembly;
(b) The Majority Leader of the Senate;
(c) The Director of the Legislative Counsel Bureau, if the complaint involves the conduct of the Speaker of the Assembly or the Majority Leader of the Senate; or
(d) The reporting system established pursuant to subsection 11.
Κ The complaint must include the details of the incident or incidents, the names of the persons involved and the names of any witnesses. Unless the Legislative Counsel is the subject of the complaint, the Legislative Counsel must be informed upon receipt of a complaint.
7. The Speaker of the Assembly, the Majority Leader of the Senate or the Director of the Legislative Counsel Bureau, as appropriate, shall cause a discreet and impartial investigation to be conducted and may, when deemed necessary and appropriate, assign the complaint to a committee consisting of Legislators of the appropriate House.
8. If the investigation reveals that sexual harassment, other unlawful harassment, retaliation or other conduct in violation of this policy has occurred, appropriate disciplinary or remedial action, or both will be taken. The appropriate persons will be informed when any such action is taken. The Legislature will also take any action necessary to deter any future harassment.
κ2020 Statutes of Nevada, 32nd Special Session, Page 168 (FILE NUMBER 7, ACR 1)κ
9. The Legislature encourages a Legislator to report any incident of sexual harassment, other unlawful harassment, retaliation or other conduct inconsistent with this policy immediately so that the complaint can be quickly and fairly resolved.
10. All Legislators are responsible for adhering to the provisions of this policy. The prohibitions against engaging in sexual harassment and other unlawful harassment which are set forth in this Rule apply to employees, Legislators, lobbyists, vendors, contractors, customers and any other visitors to the Legislature.
11. The Legislative Counsel shall establish a reporting system which allows a person to submit a complaint of a violation of this Rule with or without identifying himself or herself. Such a complaint must provide enough details of the incident or incidents alleged, the names of the persons involved and the names of any witnesses to allow an appropriate inquiry to occur.
12. This policy does not create any enforceable legal rights in any person.
And be it further
Resolved, That this resolution becomes effective upon adoption.
________
Senate Joint Resolution No. 1Committee of the Whole
FILE NUMBER 8
Senate Joint RESOLUTION — Proposing to amend the Nevada Constitution to revise provisions governing the taxation of minerals extracted in this State and to require the Legislature to provide by law for a program to make payments to eligible persons in this State from a portion of the tax on the proceeds of minerals.
Legislative Counsels Digest:
Under the Nevada Constitution, the Legislature must impose a tax upon the net proceeds of all minerals extracted in this State at a rate not to exceed 5 percent of the net proceeds, and the net proceeds are not subject to any other tax. (Nev. Const. Art. 10, § 5) The Nevada Constitution also exempts mines and mining claims from the property tax. (Nev. Const. Art. 10, § 1)
This resolution proposes to amend the Nevada Constitution to eliminate: (1) the requirement for the Legislature to impose a tax upon the net proceeds of minerals extracted at a rate not to exceed 5 percent of the net proceeds; and (2) the appropriation of a portion of those proceeds to each county in this State. Instead, this resolution would amend the Nevada Constitution to impose a tax on the gross proceeds of all minerals extracted in this State during a calendar year at a rate of 7.75 percent of the gross proceeds and authorize the Legislature to provide by law for the taxation of mines and mining claims and the proceeds of all minerals extracted in this State. Under this resolution, the tax on the gross proceeds of minerals extracted in this State would be imposed on minerals extracted during each calendar year beginning on or after January 1, 2023.
κ2020 Statutes of Nevada, 32nd Special Session, Page 169 (FILE NUMBER 8, SJR 1)κ
The amendment to the Nevada Constitution proposed by this resolution would also provide that a majority of the members elected to each House is necessary to pass any provision of a bill that enacts or amends a law providing for the taxation of mines, mining claims or the proceeds of minerals extracted in this State in a manner that creates, generates or increases any public revenue in any form. The amendment to the Nevada Constitution proposed by this resolution would also provide that an affirmative vote of not fewer than two-thirds of the members elected to each House is necessary to pass a bill to reduce the rate of, or provide an exemption, from the tax on the gross proceeds of minerals extracted by a particular class of taxpayers or imposed on a type of mineral extracted.
Under the amendment to the Nevada Constitution proposed by this resolution, 50 percent of the proceeds of the tax on the gross proceeds of minerals extracted in this State would be required to be accounted for separately in the State Treasury and used exclusively to fund a program to make payments to eligible persons domiciled in this State. The use of the remaining 50 percent of the proceeds of the tax would not be restricted by the provisions of the Nevada Constitution.
If this resolution is passed during the 32nd Special Session of the Legislature, it must also be passed by the next Legislature and then approved and ratified by the voters in an election before the proposed amendments to the Nevada Constitution become effective.
EXPLANATION Matter in bolded italics is new; matter between
brackets [omitted material] is material to be
omitted.
Resolved by the Senate and Assembly of the State of Nevada, Jointly, That Section 5 of Article 10 of the Nevada Constitution be amended to read as follows:
Sec. 5. 1. The [legislature] Legislature shall provide by law for the taxation of mines, mining claims and the proceeds of all minerals, including oil, gas and other hydrocarbons, extracted in this State.
2. In addition to any other taxes provided by law, for each calendar year beginning on or after January 1, 2023, a tax is hereby imposed upon the [net] gross proceeds of all minerals, including oil, gas and other hydrocarbons, extracted in this [state,] State during a calendar year, at a rate [not to exceed 5 percent of the net] of 7.75 percent of the gross proceeds [. No other tax may be imposed upon a mineral or its proceeds until the identity of the proceeds as such is lost.
2. The legislature shall appropriate to each county that sum which would be produced by levying a tax upon the entire amount of the net proceeds taxed in each taxing district in the county at the rate levied in that district upon the assessed valuation of real property. The total amount so appropriated to each county must be apportioned among the respective governmental units and districts within it, including the county itself and the school district, in the same proportion as they share in the total taxes collected on property according to value.] , unless the Legislature increases or reduces the rate of the tax by a law enacted in accordance with subsection 5.
3. [Each patented mine or mining claim must be assessed and taxed as other real property is assessed and taxed, except that no value may be attributed to any mineral known or believed to underlie it, and
κ2020 Statutes of Nevada, 32nd Special Session, Page 170 (FILE NUMBER 8, SJR 1)κ
no value may be attributed to the surface of a mine or claim if one hundred dollars worth of labor has been actually performed on the mine or claim during the year preceding the assessment.] Fifty percent of any money collected by the State from the tax imposed pursuant to subsection 2 on the gross proceeds of minerals extracted in this State must be segregated in proper accounts in the State Treasury and, in accordance with appropriations made by law, used exclusively to fund a program established pursuant to subsection 4.
4. The Legislature shall provide by law for a program to make payments from the money held in the State Treasury pursuant to subsection 3 to eligible persons domiciled in this State on a yearly basis, with the first payment being due on August 30, 2024, and subsequent payments being due on the last Friday of August for each year thereafter. The Legislature shall establish by law the criteria which a person must satisfy to be eligible for such payments.
5. Notwithstanding any other provision of this Constitution:
(a) A majority of all the members elected to each House is necessary to pass any provision of a bill that enacts or amends any law providing for the taxation of mines, mining claims or the proceeds of minerals, including oil, gas and other hydrocarbons, extracted in this State, if the provision creates, generates or increases any public revenue in any form, including, without limitation, any provision of a bill that increases the rate of the tax imposed pursuant to subsection 2.
(b) An affirmative vote of not fewer than two-thirds of the members elected to each House is necessary to pass a bill which provides for an exemption from or a reduction in the rate of the tax imposed pursuant to subsection 2 with respect to the gross proceeds of minerals extracted in this State during a calendar year by a class of persons extracting such minerals or with respect to the gross proceeds of a type of mineral extracted in this State during a calendar year.
And be it further
Resolved, That this resolution becomes effective upon adoption.
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κ2020 Statutes of Nevada, 32nd Special Session, Page 171κ
Assembly Joint Resolution No. 1Committee of the Whole
FILE NUMBER 9
ASSEMBLY Joint RESOLUTION — Proposing to amend the Nevada Constitution to revise provisions governing the taxation of mines, mining claims and the proceeds of minerals extracted in this State.
Legislative Counsels Digest:
Under the Nevada Constitution, the Legislature must impose a tax upon the net proceeds of all minerals extracted in this State at a rate not to exceed 5 percent of the net proceeds, and the net proceeds are not subject to any other tax. (Nev. Const. Art. 10, § 5) The Nevada Constitution also exempts mines and mining claims from the property tax. (Nev. Const. Art. 10, § 1)
This resolution proposes to amend the Nevada Constitution to eliminate: (1) the requirement for the Legislature to impose a tax upon the net proceeds of minerals extracted at a rate not to exceed 5 percent of the net proceeds; and (2) the appropriation of a portion of those proceeds to each county in this State. Instead, this resolution would amend the Nevada Constitution to impose a tax on the gross proceeds of all minerals extracted in this State during a calendar year at a rate of 7.75 percent of the gross proceeds and authorize the Legislature to provide by law for the taxation of mines and mining claims and the proceeds of all minerals extracted in this State. Under this resolution, the tax on the gross proceeds of minerals extracted in this State would be imposed on minerals extracted during each calendar year beginning on or after January 1, 2023.
The amendment to the Nevada Constitution proposed by this resolution would also provide that a majority of the members elected to each House is necessary to pass any provision of a bill that enacts or amends a law providing for the taxation of mines, mining claims or the proceeds of minerals extracted in this State in a manner that creates, generates or increases any public revenue in any form. The amendment to the Nevada Constitution proposed by this resolution would also provide that an affirmative vote or not fewer than two-thirds of the members elected to each House is necessary to pass a bill to reduce the rate of, or provide an exemption from, the tax on the gross proceeds of minerals extracted by a particular class of taxpayers or imposed on a type of mineral extracted.
Under the amendment to the Nevada Constitution proposed by this resolution, 25 percent of the proceeds of the tax on the gross proceeds of minerals extracted in this State would be required to be accounted for separately in the State Treasury and used exclusively for educational purposes, to provide for the health care of the residents of this State or to provide economic assistance to the residents of this State, or any combination thereof. The use of the remaining 75 percent of the proceeds of the tax would not be restricted by the provisions of the Nevada Constitution.
If this resolution is passed by the Legislature during the 32nd Special Session of the Legislature, it must also be passed by the next Legislature and then approved and ratified by the voters in an election before the proposed amendments to the Nevada Constitution become effective.
EXPLANATION Matter in bolded italics is new; matter between brackets
[omitted
material] is material to be omitted.
Resolved by the Assembly and Senate of the State of Nevada, Jointly, That Section 5 of Article 10 of the Nevada Constitution be amended to read as follows:
Sec. 5. 1. The [legislature] Legislature shall provide by law for the taxation of mines, mining claims and the proceeds of all minerals, including oil, gas and other hydrocarbons, extracted in this State.
κ2020 Statutes of Nevada, 32nd Special Session, Page 172 (FILE NUMBER 9, AJR 1)κ
2. In addition to any other taxes provided by law, for each calendar year beginning on or after January 1, 2023, a tax is hereby imposed upon the [net] gross proceeds of all minerals, including oil, gas and other hydrocarbons, extracted in this [state,] State during a calendar year, at a rate [not to exceed 5 percent of the net] of 7.75 percent of the gross proceeds [. No other tax may be imposed upon a mineral or its proceeds until the identity of the proceeds as such is lost.
2. The legislature shall appropriate to each county that sum which would be produced by levying a tax upon the entire amount of the net proceeds taxed in each taxing district in the county at the rate levied in that district upon the assessed valuation of real property. The total amount so appropriated to each county must be apportioned among the respective governmental units and districts within it, including the county itself and the school district, in the same proportion as they share in the total taxes collected on property according to value.] , unless the Legislature increases or reduces the rate of the tax by a law enacted in accordance with subsection 4.
3. [Each patented mine or mining claim must be assessed and taxed as other real property is assessed and taxed, except that no value may be attributed to any mineral known or believed to underlie it, and no value may be attributed to the surface of a mine or claim if one hundred dollars worth of labor has been actually performed on the mine or claim during the year preceding the assessment.] Twenty-five percent of any money collected by the State from the tax imposed pursuant to subsection 2 on the gross proceeds of minerals extracted in this State must be segregated in proper accounts in the State Treasury and, in accordance with appropriations made by law, used exclusively for educational purposes, to provide for the health care of the residents of this State or to provide economic assistance to the residents of this State, or any combination thereof.
4. Notwithstanding any other provision of this Constitution:
(a) A majority of all the members elected to each House is necessary to pass any provision of a bill that enacts or amends any law providing for the taxation of mines, mining claims or the proceeds of minerals, including oil, gas and other hydrocarbons, extracted in this State, if the provision creates, generates or increases any public revenue in any form, including, without limitation, any provision of a bill that increases the rate of the tax imposed pursuant to subsection 2.
(b) An affirmative vote of not fewer than two-thirds of the members elected to each House is necessary to pass a bill which provides for an exemption from or a reduction in the rate of the tax imposed pursuant to subsection 2 with respect to the gross proceeds of minerals extracted in this State during a calendar year by a class of persons extracting such minerals or with respect to the gross proceeds of a type of mineral extracted in this State during a calendar year.
And be it further
Resolved, That this resolution becomes effective upon adoption.
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κ2020 Statutes of Nevada, 32nd Special Session, Page 173κ
Assembly Joint Resolution No. 2Committee of the Whole
FILE NUMBER 10
Assembly Joint RESOLUTION — Proposing to amend the Nevada Constitution to revise provisions governing the rate of the tax upon the net proceeds of minerals extracted in this State.
Legislative Counsels Digest:
Under the Nevada Constitution, the Legislature must impose a tax upon the net proceeds of minerals extracted in this State at a rate not to exceed 5 percent of the net proceeds. (Nev. Const. Art. 10, § 5) The Nevada Constitution also: (1) requires the Legislature to appropriate to each county an amount equal to the net proceeds of the minerals taxed in each taxing district in the county multiplied by the property tax rate imposed in that taxing district; and (2) requires the apportionment of that amount among the governmental units and districts in the county in the same proportion that property taxes are distributed among those governmental units and districts.
This resolution proposes to amend the Nevada Constitution to: (1) increase from 5 to 12 percent the maximum rate of the tax on the net proceeds of minerals extracted in this State; and (2) establish the minimum rate of the tax on the net proceeds of minerals extracted in this State as the property tax rate imposed in the taxing district in which the extractive operation is located.
EXPLANATION Matter in bolded italics is new; matter between
brackets [omitted material] is material to be
omitted.
Resolved by the Assembly and Senate of the State of Nevada, Jointly, That Section 5 of Article 10 of the Nevada Constitution be amended to read as follows:
Sec. 5. 1. The legislature shall provide by law for a tax upon the net proceeds of all minerals, including oil, gas and other hydrocarbons, extracted in this state, at a rate not less than the rate of tax levied upon the assessed valuation of real property in the taxing district in which the extractive operation is located and not to exceed [5] 12 percent of the net proceeds. No other tax may be imposed upon a mineral or its proceeds until the identity of the proceeds as such is lost.
2. The legislature shall appropriate to each county that sum which would be produced by levying a tax upon the entire amount of the net proceeds taxed in each taxing district in the county at the rate levied in that district upon the assessed valuation of real property. The total amount so appropriated to each county must be apportioned among the respective governmental units and districts within it, including the county itself and the school district, in the same proportion as they share in the total taxes collected on property according to value.
3. Each patented mine or mining claim must be assessed and taxed as other real property is assessed and taxed, except that no value may be attributed to any mineral known or believed to underlie it, and
κ2020 Statutes of Nevada, 32nd Special Session, Page 174 (FILE NUMBER 10, AJR 2)κ
no value may be attributed to the surface of a mine or claim if one hundred dollars worth of labor has been actually performed on the mine or claim during the year preceding the assessment.
And be it further
Resolved, That this resolution becomes effective upon adoption.
________
Assembly Resolution No. 4Assemblymen Frierson; Assefa, Backus, Benitez-Thompson, Bilbray-Axelrod, Carlton, Carrillo, Cohen, Daly, Douglass-Boone, Duran, Edwards, Ellison, Flores, Fumo, Gorelow, Hafen, Hambrick, Hansen, Hardy, Jauregui, Kramer, Krasner, Leavitt, Martinez, McCurdy, Miller, Monroe-Moreno, Munk, Neal, Nguyen, Peters, Roberts, Smith, Spiegel, Swank, Titus, Tolles, Torres, Watts, Wheeler and Yeager
FILE NUMBER 11
Assembly RESOLUTION — Expressing appreciation to the Assembly staff for their service during the 32nd Special Session of the Nevada Legislature.
Whereas, The 31st Special Session of the Nevada Legislature was called on July 8, 2020, during an unprecedented global pandemic, threatening the health and safety of the citizens as well as the economy of the State; and
Whereas, The Governor determined thereafter that an extraordinary occasion existed, resulting from the global COVID-19 pandemic and its associated economic consequences, requiring additional immediate action by the Nevada State Legislature to address various matters and called the 32nd Special Session of the Nevada Legislature on July 31, 2020; and
Whereas, The Assembly staff immediately began preparing for another special session, again with minimal staff present; and
Whereas, The Assembly staff carried out their tasks efficiently and professionally, making it possible for the Assembly to complete its work; now, therefore, be it
Resolved by the Assembly of the State of Nevada, That the members of the Assembly do hereby express their sincere appreciation to the outstanding employees of the Assembly and commend their dedication, cooperation, excellent work and willingness to serve the State; and be it further
Resolved, That the Chief Clerk of the Assembly prepare and retain a copy of this resolution on behalf of the Assembly staff; and be it further
Resolved, That this resolution becomes effective upon adoption.
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κ2020 Statutes of Nevada, 32nd Special Session, Page 175κ
Senate Concurrent Resolution No. 1Committee of the Whole
FILE NUMBER 12
Senate Concurrent RESOLUTION — Urging certain actions to address the public health crisis caused by systemic racism and greatly magnified by the COVID-19 pandemic in Nevada.
Whereas, As stated by Maya Angelou: Prejudice is a burden that confuses the past, threatens the future and renders the present inaccessible; and
Whereas, Systemic racism and structures of racial discrimination create generational poverty, and perpetuate debilitating economic, educational and health hardships and disproportionally affect people of color, causing the single most profound economic and social challenge facing Nevada; and
Whereas, This economic and social challenge has been exacerbated by the COVID-19 pandemic;
Whereas, Nearly 49 percent of Nevadas population is represented by persons of color, including persons who are Black, Indigenous, Hispanic, Asian or Pacific Islander and persons of more than one racial or ethnic background; and
Whereas, Nevada is a growing and diverse state with continually shifting demographics; and
Whereas, Racism has deep, harmful impacts and unfairly disadvantages Black, Indigenous and other persons of color (BIPOC) and has impeded solutions necessary to achieve racial parity; and
Whereas, Providers of health care have long noted the existence of racial and ethnic disparities in our health care system, and these inequalities have led to a disproportionate negative impact on BIPOC communities during the COVID-19 pandemic; and
Whereas, The disproportionate, detrimental health impacts of COVID-19 on BIPOC communities are indicated by the overrepresentation of BIPOC communities in hospitalization rates and death rates; and
Whereas, For example, in Clark County as of August 3, 2020, according to the Southern Nevada Health District, Black persons constitute 14.3 percent of hospitalizations due to COVID-19 and 15.1 percent of the deaths due to COVID-19, Hispanic persons constitute 35.5 percent of hospitalizations due to COVID-19 and 26.4 percent of the deaths due to COVID-19, and Asian or Pacific Islander persons constitute 10.9 percent of the hospitalizations due to COVID-19 and 14.5 percent of the deaths due to COVID-19; and
Whereas, The chronic stress of racism affects the mental and physical health of the members of BIPOC communities and, in particular, affects the mental and physical health of Black Americans on a daily basis to a greater degree than other groups; now, therefore, be it
κ2020 Statutes of Nevada, 32nd Special Session, Page 176 (FILE NUMBER 12, SCR 1)κ
Resolved by the Senate of the State of Nevada, the Assembly Concurring, That all Nevada residents shall have equal consideration and opportunity under the laws, policies and practices of this State; and be it further
Resolved, That the members of the Nevada Legislature declare that systemic racism and structures of racial discrimination constitute a public health crisis which is magnified by the disproportionately high impact of COVID-19 on communities of color and which affects the entire State of Nevada; and be it further
Resolved, That Nevada supports local, state, regional and federal initiatives to understand, address and dismantle systemic racism and its impact on the delivery of human and social services, economic development and public safety; and be it further
Resolved, That the members of the Nevada Legislature request that federal funding be distributed equitably based upon the percentages of members of the BIPOC communities to address issues that disproportionately impact Black, Indigenous and other persons of color in direct proportion to their disadvantages by individual racial category; and be it further
Resolved, That the members of the 32nd Special Session of the Nevada Legislature request that the 81st Regular Session of the Nevada Legislature incorporate into the regular business of the Nevada Legislature the subjects of systemic racism and structures of racial discrimination which constitute a public health crisis and which is magnified by the disproportionately high impact of COVID-19 on communities of color; and be it further
Resolved, That the Secretary of the Senate prepare and transmit a copy of this resolution to the Governor and the Director of the Legislative Counsel Bureau for transmittal to the 81st Regular Session of the Nevada Legislature.
And be it further
Resolved, That this resolution becomes effective upon adoption.
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κ2020 Statutes of Nevada, 32nd Special Session, Page 177κ
Senate Concurrent Resolution No. 2Senators Cannizzaro; Brooks, Cancela, Denis, Dondero Loop, Goicoechea, Hammond, Hansen, Hardy, Harris, Kieckhefer, Ohrenschall, Parks, Pickard, Ratti, Scheible, Seevers Gansert, Settelmeyer, Spearman, Washington and Woodhouse
Joint Sponsors: Assemblymen Frierson; Assefa, Backus, Benitez-Thompson, Bilbray-Axelrod, Carlton, Carrillo, Cohen, Daly, Douglass-Boone, Duran, Edwards, Ellison, Flores, Fumo, Gorelow, Hafen, Hambrick, Hansen, Hardy, Jauregui, Kramer, Krasner, Leavitt, Martinez, McCurdy, Miller, Monroe-Moreno, Munk, Neal, Nguyen, Peters, Roberts, Smith, Spiegel, Swank, Titus, Tolles, Torres, Watts, Wheeler and Yeager
FILE NUMBER 13
SENATE Concurrent RESOLUTION — Expressing appreciation to the staff of the Legislative Counsel Bureau for their service during the 32nd Special Session of the Nevada Legislature.
Whereas, As a result of the global COVID-19 pandemic and the resulting threat to the health, safety and welfare of the citizens of this State as well as the economy of the State, the Governor called the 31st Special Session of the Nevada Legislature on July 8, 2020; and
Whereas, Thereafter, the Governor determined that additional matters required the immediate attention of the Nevada Legislature as a result of the pandemic and called the 32nd Special Session of the Nevada Legislature on July 31, 2020; and
Whereas, The LCB staff immediately began to prepare for another special session with staff working on site and remotely; and
Whereas, Applying their amazing work ethic and professionalism and ability to overcome obstacles, the LCB staff was able to meet the extraordinary demands placed on them and made it possible for the Legislature to carry out its work; now, therefore, be it
Resolved by the Senate of the State of Nevada, the Assembly Concurring, That the members of the Assembly and the Senate of the 32nd Special Session of the Nevada Legislature do hereby express their sincere appreciation to the outstanding staff of the Legislative Counsel Bureau and commend their dedication, enthusiasm, resourcefulness, competence and willingness to serve the State; and be it further
Resolved, That the Secretary of the Senate prepare and transmit a copy of this resolution to Brenda J. Erdoes, Director of the Legislative Counsel Bureau; and be it further
Resolved, That this resolution becomes effective upon adoption.
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κ2020 Statutes of Nevada, 32nd Special Session, Page 178κ
Senate Resolution No. 4Senators Cannizzaro; Brooks, Cancela, Denis, Dondero Loop, Goicoechea, Hammond, Hansen, Hardy, Harris, Kieckhefer, Ohrenschall, Parks, Pickard, Ratti, Scheible, Seevers Gansert, Settelmeyer, Spearman, Washington and Woodhouse
FILE NUMBER 14
SENATE RESOLUTION — Expressing appreciation to the Senate staff for their service during the 32nd Special Session of the Nevada Legislature.
Whereas, The 31st Special Session of the Nevada Legislature was called on July 8, 2020, during an unprecedented global pandemic, threatening the health and safety of the citizens as well as the economy of the State; and
Whereas, The Governor determined thereafter that an extraordinary occasion existed, resulting from the global COVID-19 pandemic and its associated economic consequences, requiring additional immediate action by the Nevada State Legislature to address various matters and called the 32nd Special Session of the Nevada Legislature on July 31, 2020; and
Whereas, The Senate staff immediately began preparing for another special session, again with minimal staff present; and
Whereas, The Senate staff carried out their tasks efficiently and professionally, making it possible for the Senate to complete its work; now, therefore, be it
Resolved by the Senate of the State of Nevada, That the members of the Senate do hereby express their sincere appreciation to the outstanding employees of the Senate and commend their dedication, cooperation, excellent work and willingness to serve the State; and be it further
Resolved, That the Secretary of the Senate prepare and retain a copy of this resolution on behalf of the Senate staff; and be it further
Resolved, That this resolution becomes effective upon adoption.
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