AR 2 — Adopts Special Rules of the Assembly for the 31st Special Session of the Nevada Legislature concerning the use of remote-technology systems by members of the Assembly. (BDR R-16)

A.R.Assembly Resolution No.

22–Committee ASSEMBLYon RESOLUTIONLegislative NOperations O.and Elections FILE NUMBER..........

2–COMMITTEE ON LEGISLATIVE OPERATIONS AND E LECTIONS JULY 8, 2020 ____________ Read and Adopted SUMMARY—Adopts Special Rules of the Assembly for the 31st Special Session of the Nevada Legislature concerning the use of remote-technology systems by members of the Assembly.

(BDR R-16) ~ EXPLANATION – Matter in bolded italics is new;

matter between brackets [omitted material] is material to be omitted.

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;

now,now,er, risk, therefore, be it - *AR2* – 2 – R ESOLVED BY THE A SSEMBLY OF THE STATES TATE OF NNEVADA EVADA , That the following Special Rules of the Assembly for the 31st Special Session of the Legislature are hereby adopted:

5 Special Rule No.

- 31st Special RuleSession No.(2020) – 2 – Special Rules.o.

Public Purposes and Construction of Special1. Rules.

1.

(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, these Special 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 Nevada’s 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, these Special Rules are intended to ensure that the Assembly may efficiently and effectively carry out its official powers, functions, duties and responsibilities which are - *AR2* – 3 – expressly and exclusively assigned to the Assembly by the Nevada Constitution and which cannot be exercised or performed by any otheroth2. body or branch of Nevada’s State Government.

2.bBecause of the extraordinary danger, risk, harm, injury and peril posed by the COVID-19 pandemic, these Special 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 these Special Rules, that uncertainty or doubt must be resolved in favor of carrying out the intended public purposes of these Special Rules.

Because- of31st theSpecial extraordinarySession danger,(2020) risk,– harm,3 injury– andSpeAs perilused posedin by the COVID-19 pandemic, these Special RulesRules, mustunless bethe liberallycontext construedotherwise torequires, achieve“remote-technology theirsystem” intendedmeans public purposes, and if there is any uncertaintysystem or doubtother regardingmeans the interpretation or application of thesecommunication Special Rules, that uncertaintyis: or doubt must be resolved in favor of carrying out the intended public purposes of these Special Rules.

Special Rule No.

3.

Definitions Applicable to Special Rules.

As used in these Special Rules, unless the context otherwise requires, “remote-technology system” means any system or other means of communication that is:

(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 carrygrants outsuch theauthorization, publicit purposesmust ofbe theseentered Specialin Rules.the records of the committee.

If the chair - *AR2* – 4 – grants such authorization, it must be entered in the records of the committee.

(a)- The31st AssemblySpecial orSession the(2020) Committee– of4 the– Whole, the Chief Clerk, 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 member’s 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.

(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 whichwhichnal cannot be usurped, infringed or impaired by the other House or by any other branch of Nevada’s State Government.

Hardy, 125 Nev.

“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 allall(c) 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, - *AR2* – 5 – control and regulate its membership and its internal organization, affairs and management.

Cushing, Elements of the Law & Practice of Legislative Assemblies § 533 (1856) (Cushing’s Legislative Assemblies)) - 31st Special Session (2020) – 5 – (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.”inc(e) (Cushing’s 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.” (Cushing’s 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.

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:

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 - *AR2* – 6 – 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 - 31st Special Session (2020) – 6 – other way would be better, more accurate, or even more just.

The Assembly hereby exercises its constitutional and inherentinh(a) powersGovern, andcontrol privileges and adoptsregulate theseits Specialmembership Rulesand itsles to:

(a) Govern, control and regulate its membership and its internal organization, affairs and management;

H~~~~~ 20 - *AR2*31st Special Session (2020)