AR 1 — Amends the Standing Rules of the Assembly of the 80th Session of the Nevada Legislature. (BDR R-23)

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;

A device that contains a nonaudible alert,manner suchwithin asthe aAssembly silentChambers.ay vibration, may be operated in a nonaudible mannerRule withinNo. the Assembly Chambers.

Rule No.

and (c) Three qualified electors of the State, two of whom are appointed by the Speaker and one who is appointed by the - *AR1* – 7 – Minority Leader, and none of whom is a present member of the Legislature or employed by the State of Nevada.

- 32nd Special Session (2020) – 7 – 2.

3.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 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 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.first.appoint new 6.

6.

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 - *AR1*32nd Special Session (2020) – 8 – 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.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.

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.

(2) Has jurisdiction and an investigation is warranted in the matter, the Legislative Counsel shall send written notice of the determinationsubject andof athe copycomplaint.of of the complaint to the person who is the subject10. of the complaint.

10.

- 32nd Special Session (2020) – 9 –  In interpreting and applying the provisions of this subsection, it must be presumed that the independence of judgment of a reasonable person in the Legislator’s situation would not be - *AR1* – 9 – materially affected by the Legislator’s private economic interest or the Legislator’s commitment to a member of his or her household or immediate family where the resulting benefit or detrimentdetrimentold 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.

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 onrecord subsequentto occasions, the Legislatorprevious disclosure.lator makes a reference on the record13. to the previous disclosure.

13.

- 32nd Special Session (2020) – 10 – 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 - *AR1* – 10 – necessary to act upon the matter is reduced as though the Legislator abstaining were not a member of the committee.

- 32nd Special Session (2020) – 11 – 5.

The presidingpre7.diOnly officera maymember votewho:e at the rostrum.

7.(a) Has been certified by the Committee on Legislative Operations and Elections or a special committee of the Assembly;

Only a member who:

- *AR1* – 11 – (a) Has been certified by the Committee on Legislative Operations and Elections or a special committee of the Assembly;

RuleRul1.NoA No.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.

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.

- 32nd Special Session (2020) – 12 – V.

COMMITTEES RulThe 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.

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.

- *AR1* – 12 – 1.

9 of the Senate and Assembly, the Speaker may temporarily appoint a member to a committee that is scheduled to meet during thethent a adjournment if none of the committees to which the member is regularly assigned will be meeting during the adjournment.

- 32nd Special Session (2020) – 13 – Rule No.

2.subcommittee chair after consulting with the committee chair.

Subcommittee meetings will be scheduled by the subcommittee3. chair after consulting with the committee chair.

3.

- *AR1* – 13 – Rule No.

- 32nd Special Session (2020) – 14 – (b) Must be reported by the Chair to the Assembly.

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 Legislature’s Internet website.website.ker and 6.

6.

- *AR1* – 14 – 8.

11.

Seconds to motions are required.

ELECTION CCONTESTS ONTESTS Rule No.

- 32nd Special Session (2020) – 15 – 2.

At least 3 days’ notice must be given to the prospective deponent and to the other party.

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 ofofembly proving that any irregularities shown were of such a nature as to establish that the result of the election was changed thereby.

The - *AR1* – 15 – committee shall then report to the Assembly its recommendation on which person should be declared elected or report that it has no recommendation.

DDUTIES UTIES OF CCOMMITTEE OMMITTEE O FFICERS , COMMITTEEOMMITTEE M EMBERS AND C OMMITTEE STAFF Rule No.

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 - 32nd Special Session (2020) – 16 – by any person or persons, the chair shall have power to exclude from the session any individual or individuals so hindering the legislative business.

Possessing the powers and performing the duties described in this(a) Rule,Preside eachover committee chairmeetings shall:and put all questions before the committee;

(a) Preside over committee meetings and put all questions before the committee;

- *AR1* – 16 – (h) Determine when final action is to be taken on measures, committee reports and other business of the committee;

4.chair, the vice chair of the committee shall assume the duties of the chair.

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.

- 32nd Special Session (2020) – 17 – Rule No.

The committee secretary shall call roll of the members at eachsecretary meeting,shall withrecord in the chairminutes beingthe calledmembers last.present and the members not present.

The committee secretary shall record in the minutes the members present and the members not present.

Each committee of the House shall be provided a committee manager who shall maintain a current record of all - *AR1* – 17 – bills, resolutions, petitions, memorials or other matters filed in committee.

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.committees, each standing committee of the Assembly may take such action as it determines appropriate.

Upon conclusion of the joint meeting of said committees, each standing committee of the Assembly may take such action as it determines appropriate.

- 32nd Special Session (2020) – 18 – 2.

(b) The attendance and absence of members;

- *AR1* – 18 – Rule No.

7Rul1.NoExcept Ruleas No.otherwise provided in subsection 3, allarings.

52.5.committees shall provide adequate notice of public hearings on bills, resolutions or other topics which are to come before the committees.

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.

- 32nd Special Session (2020) – 19 – D.

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.dais.ts 2.

2.

- *AR1* – 19 – 2.

(1)(2) Approval of the measure as written;written along with proposed amendments that have been approved by the sponsor of the measure.

or (2) Approval of the measure as written along with proposed amendments that have been approved by the sponsor of the measure.

A person shall not be excluded from a meeting or public hearing of a committee or subcommittee except in case of any - 32nd Special Session (2020) – 20 – disturbance or disorderly conduct, or if the peace, good order, and proper conduct of the legislative business is hindered by the person or persons.

Questions from the committee will be restricted to relevant subjectsub6.ct areas.When the chair deems necessary, witnesses will be sworn in pursuant to NRS 218E.040 before providing testimony.

6.

When the chair deems necessary, witnesses will be sworn in pursuant to NRS 218E.040 before providing testimony.

In addition to the use of remote-technology systems pursuant to the Remote-Technology - *AR1* – 20 – 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 videovid2. conference.

2.coPublic 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.

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.

Meetings of the committee may be scheduled outside the Legislative Building in Carson City with prior written approval of - 32nd Special Session (2020) – 21 – the Speaker.

VVOTING OTING AND COMMITTEE AACTION CTION Rule No.

- *AR1* – 21 – 5.

- 32nd Special Session (2020) – 22 – 9.

A member may change his or her vote at any time before the announcement of the voteresult ifof theany votingvote isshall bynot voice.be postponed.

The announcement of the result of any vote shall not be postponed.

PPARLIAMENTARY ARLIAMENTARY AUTHORITY Rule No.

- *AR1* – 22 – G.

D ECORUM AND DEBATED EBATE IN C OMMITTEES 3 Rule No.

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- audible32nd alertSpecial off.Session (2020) – 23 – such as a silent vibration, may be operated in a nonaudiblealert, manner within an Assembly committee room.

A device that contains a nonaudible alert, such as a silent vibration, may be operated in a nonaudible manner within an Assembly committee room.

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;

- *AR1* – 23 – VI.

RULES GOVERNING MOTIONS 3 Rule No.

No motion may be debated until it is distinctly announced by the presiding officer.

- 32nd Special Session (2020) – 24 – PARTICULAR M OTIONS Rule No.

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.

and the question Rule No.

- *AR1* – 24 – 2.

- 32nd Special Session (2020) – 25 – Rule No.

RULESR ULES AND PROCEDURE Rule No.

RuleRul1.NoExcept No.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;

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;

No person may do any lobbying upon the floor of the Assembly at any time, and it is the - *AR1* – 25 – duty of the Sergeant at Arms to remove any person violating any of the provisions of this Rule.

8- 32nd Special Session (2020) – 26 – Rule No.

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.

This Rule does not apply to Legislative CounselCounselgin of Bureau material.

In addition, it shall be in order for members to make remarks under other orders of business and, subject to the - *AR1* – 26 – approval of the majority of the members present, request that such remarks be entered in the Journal.

4- 32nd Special Session (2020) – 27 – Rule No.

2.Standing Rules of the Senate and Assembly.and the Joint 3.

The Standing Rules of the Assembly and the Joint Standing Rules of the Senate and Assembly.

3.

BILLSB ILLS Rule No.

- *AR1* – 27 – Rule No.

3- 32nd Special Session (2020) – 28 – Rule No.

5 Rule No.

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 the present, or if there is no objection, the bill shall take the proper course.

Assembly bills so amended must be reprinted, then engrossed or reengrossed, as 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.

- *AR1*32nd Special Session (2020) – 2829 – 4.

4 Rule No.

1.members present report a bill with the recommendation that it be placed on the Consent Calendar.

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.

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.

A member who moves to amend a bill or initiative petition during its third reading must limit his or her remarks to an - 32nd Special Session (2020) – 30 – explanation of the amendment.

If the member desires to speak on the importance of the amendment, the member must request - *AR1* – 29 – permission to speak under Order of Business 15 of Assembly Standing Rule No.

3.passage of a bill or initiative petition must limit his or her remarks to an explanation of the bill or initiative petition.

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 motion to reconsider is for any other action, the motion has precedence over every other motion, except a motion to adjourn or a motion to fixreconsider is pending, the timeright to adjourn;move aurns while reconsideration shall continue to the next day of sitting.

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.

The message and bill must be read by the Chief Clerk without interruption, consecutively, one following the other, and - 32nd Special Session (2020) – 31 – not upon separate occasions.

It shall not be in order, at any time, to vote upon such a vetoed bill unless the same shall first have - *AR1* – 30 – been read, from the first word of its title to and including the last word of its final section.

The message or statement containing thetheast objections of the Governor to the bill must be entered in the Journal of the Assembly.

6 Rule No.

8 C.

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 theirtheird entirety.

- 32nd Special Session (2020) – 32 – 3.

- *AR1* – 31 – 10.

14.

Vetoed Bills and Special Orders of the Day.

8 E.

REMOTER EMOTE -TECHNOLOGY SYSTEMSS YSTEMS Rule No.

(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 - 32nd Special Session (2020) – 33 – 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, the Remote-Technology Rules are intended to ensure that the Assembly may efficiently and effectively carry - *AR1* – 32 – 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 Nevada’s State Government.

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.

- 32nd Special Session (2020) – 34 – Rule No.

(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.

(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 - *AR1* – 33 – 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.

(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 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 - 32nd Special Session (2020) – 35 – 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 Nevada’s State Government.

Hardy, 1252-3 Nev.& 560-564 (2010) (Mason’s Manual)) Legislative Procedure §§ (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:

285“Each (2009);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.

Mason’s Manual of Legislative Procedure §§ 2-3 & 560-564 (2010) (Mason’s 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.” - *AR1* – 34 – (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.

and they are consequently entitled to be regarded as belonging to every such assembly as a necessary incident.” (Cushing’s Legislative Assemblies § 533)533)ecessary (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.

395, 403 (1866)) (g) Under the Nevada Constitution, there are no constitutional provisions establishing a particular method for determining - 32nd Special Session (2020) – 36 – 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.

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 - *AR1* – 35 – 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.

It is no objection to the validity of a rule that a different one haspower beento prescribedmake andrules inis forcenot forone awhich lengthonce ofexercised time.is The exhausted.

The power to make rules is not one which once exercised is exhausted.

and - 32nd Special Session (2020) – 37 – (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-19COVID-19y pandemic.

- *AR1* – 36 – IX.

LEGISLATIVE INVESTIGATIONS AND MISCELLANEOUS 4 Rule No.

9 Rule No.

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 - 32nd Special Session (2020) – 38 – rules, staffing, operation and organization of the Assembly and the Legislature for a special session.

- *AR1* – 37 – (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;

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 mademadeo satisfaction to the House for the breach.

- 32nd Special Session (2020) – 39 – (a) The member’s 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 supervisionfollowing ofpotential theirexposure.g attending family physician for 14 days following(c) potentialThe 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.

(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.

H~~~~~ 20 - *AR1*32nd Special Session (2020)