AR 1 — Adopts the Standing Rules of the Assembly for the 81st Session of the Legislature. (BDR R-892)
Last action — Enrolled and delivered to Secretary of State. File No. 5.
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✓Introduced
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✓In Committee
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3Passed Assembly
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4Passed Senate
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5To Executive
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6Enacted
This bill died with 2021 Regular Session. It reached “Passed Assembly” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
This bill is no longer active — its legislative session has ended, so there is no live prognosis. It would have to be reintroduced in the current session to move again.
Bill Text
What changed in the latest version
1503 added · 1709 removed1503 line(s) added, 1709 removed.
A.R.Assembly Resolution No.
11–Committee ASSEMBLYon RESOLUTIONLegislative NOperations O.and Elections FILE NUMBER..........
1–COMMITTEE ON LEGISLATIVE OPERATIONS AND E LECTIONS FEBRUARY 1, 2021 ____________ Read and Adopted SUMMARY—Adopts the Standing Rules of the Assembly for the 81st Session of the Legislature.
(BDR R-892) ~ EXPLANATION – Matter in bolded italics is new;
matter between brackets [omitted material] is material to be omitted.
5 I.
OFFICERS AND EMPLOYEES 7D DUTIESUTIES OF O FFICERS 9 Rule No.
(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 whichwhiche the Assembly had adjourned.
- *AR1* – 2 – (d) Decide all questions of order, subject to a member’s right to appeal to the Assembly.
- 81st Session (2021) – 2 – (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 obeyobe(k) itsVote commands.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 Speaker’s vote would be decisive.
(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 Speaker’s vote would be decisive.
Continuation of Leadership and Standing Rules of the1.sseExcept 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 Duringextends during the Interiminterim Betweenbetween Regularregular Sessions.sessions of the Legislature.
1.2.
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.
- *AR1* – 3 – 2.
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 - 81st Session (2021) – 3 – shall appoint the regular and alternate members to the Select Committee on Ethics as set forth in Assembly Standing Rule No.
The Assemblyman or Assemblywoman designated to be the SpeakerSpe(a) forDetermine the nextstart succeedingtime regularof sessionthe shall:Assembly’s organizational session.
(a) Determine the start time of the Assembly’s organizational session.
The Chief Clerk shall administer the daily business of the Ass4.blyThe Chief Clerk shall adopt such administrative policies as the Chief Clerk deems necessary to carry out the 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.
- *AR1* – 4 – 6.
9- 81st Session (2021) – 4 – Rule No.
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 bebeby the transmitted to the Chief Clerk of the Assembly.
Upon receipt of one or more substantially similar petitions signed, in the - *AR1* – 5 – 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.
(a)- The81st NevadaSession Constitution(2021) invests– each5 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 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 all the members elected, expel a member.” (c) In addition to its plenary and exclusive constitutional powers, each House possesses certain inherent powers ofofutional 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) (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 AssembliesAss(f) § 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.
on the contrary, they arise from the very creation of a legislative - *AR1* – 6 – body, and are founded upon the principle of self-preservation.” (Ex parte McCarthy, 29 Cal.
395, 403 (1866)) 4- 81st Session (2021) – 6 – The next rule is 20.
6 III.
DECORUM AND DEBATE 8 Rule No.
1.
The Select Committee on Ethics consists of:
- *AR1*81st Session (2021) – 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.
Show all 246 changed lines (206 more)
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 conflicts- of81st interestSession and(2021) all– materials8 related– to those proceedings are confidential, unless the person who is the subject of thetheeedings - *AR1* – 8 – proceedings requests a public hearing or discloses the content of the proceedings or materials.
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.
In determining whether the Legislator has such a conflict of interest, the Legislator should consider whether the independence ofofinterest, judgment of a reasonable person in his or her situation upon the matter in question would be materially affected by the Legislator’s:
or (c)- Commitment81st toSession a(2021) member– of9 his– or her household or immediate family.
to a member of his or her household or 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 materially affected by the Legislator’s private economic interest or the Legislator’s commitment to a member of his or her household - *AR1* – 9 – 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.
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 ormust onbe theentered:of floor of the Assembly, as applicable.
Such a disclosure must(a) beIf entered:the Legislator makes the disclosure in a meeting of a committee, in the minutes for that meeting.
(a) If the Legislator makes the disclosure in a meeting of a committee, in the minutes for that meeting.
In determining whether to abstain from voting upon, advocating or opposing a matter concerning which a Legislator hasshould aconsider conflictwhether:st of interest pursuant to subsection 10, the Legislator should(a) considerThe whether:conflict impedes his or her independence of judgment;
(a) The conflict impedes his or her independence of judgment;
or (b)- Require81st aSession Legislator(2021) to– take10 any– particular action before or while requesting or introducing a legislative measure.measure.ion before or 15.
15.
- *AR1* – 10 – 16.
and (b)with Supersederegard andto preemptsuch matters, all other standards and procedures with regard to such matters, except that this subsection does not exempt any members of the Assembly from the Legislative Code of Ethical Standards in the Joint Standing Rules.
The presiding officer shall declare all votes, but the yeas and nays must be taken when called for by three members present, andentered in the namesJournal ofby those calling for the yeasChief Clerk.s and nays must be entered2. in the Journal by the Chief Clerk.
2.
5.- 81st Session (2021) – 11 – the presence of a quorum.l call system may be used to determine 6.
The electronic roll call system may be used to determine the presence of a quorum.
6.
and - *AR1* – 11 – (b) Is physically present within the Assembly Chambers, may cast a vote in the Assembly.
8 Rule No.
1.body unless the member:ote on all proposals that come before the (a) Is excused;
A member shall vote on all proposals that come before the body unless the member:
(a) Is excused;
- 81st Session (2021) – 12 – The next rule is 40.
- *AR1* – 12 – 5.
8 Rule No.
2.an adjournment called pursuant to Joint Standing Rule No.
To9 facilitateofing the fullSenate participationand ofAssembly, the membersSpeaker may temporarily appoint a member to a committee that is scheduled to meet during anthe adjournment calledif pursuantnone of the committees to Jointwhich Standingthe Rulemember No.is regularly assigned will be meeting during the adjournment.
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.
If the chair or any member of a committee is temporarily unable to perform his or her duties, the Speaker shall appoint an - 81st Session (2021) – 13 – alternate of the same political party to serve in the chair’s or the member’s place for such time as is determined by the Speaker.
1.appointed by the chair to consider and report back on specific subjects or bills.
Subcommittees made up of committee members may be appointed by the chair to consider and report back on specific subjects or bills.
If the first - *AR1* – 13 – 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.
9 Rule No.
The Committee on Legislative Operations and Elections has jurisdiction over matters relating to personnel.
- 81st Session (2021) – 14 – 3.
(b)5.) MustMInsofar beas reportedthey 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 ChairSpeaker toand published on the Assembly.Nevada Legislature’s Internet website.
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 Legislature’s Internet website.
- *AR1* – 14 – 9.
(e) Reconsider a vote on a proposal no longer in possession of thethe(f) Committee.Appoint a subcommittee.
(f) Appoint a subcommittee.
- 81st Session (2021) – 15 – 2.
3.actions to facilitate or carry out the contest, including, without limitation, issuing and enforcing any orders or other directives to the parties and any attorneys representing the parties.
The chair may take, direct or require any reasonable actions to facilitate or carry out the contest, including, without limitation, issuing and enforcing any orders or other directives to the parties and any attorneys representing the parties.
If the committee determines that the contestant did not comply with all requirements to bring and maintain the contest, the committee shall report to the Assembly its recommendation that the Assembly should not take further action on the contest - *AR1* – 15 – and that the Assembly should dismiss the contest with prejudice.
If the Assembly accepts the committee’s recommendation, the Speaker shall declare that the Assembly shall not take further action on the contest and that the Assembly dismisses the contest with prejudice.
If, at any hearings or other proceedings, any oral statements are made that purport to establish matters of fact, the statements must be made - 81st Session (2021) – 16 – under oath.
To prevail on the merits of the contest, the contestant has the burden of proving that, based on one or more of the grounds set forth in NRS 293.410, there were sufficient irregularities in the election of such a substantial nature as to establish that the result of the election was changed thereby.
If the Assembly rejects the committee’s recommendation or if the committee did - *AR1* – 16 – not make such a recommendation, the Assembly shall vote on which party should be declared elected, and the Speaker shall declare the party elected after the vote.
8 B.
D UTIES OF C OMMITTEE OOFFICERS 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 by any person or persons, the chair shall have power to exclude from- the81st sessionSession any(2021) individual– 17 – legislative business.individual or individuals so hindering the legislative3. business.
3.
(i)committee;n Sign and submit bill draft requests on behalf of the committee;(j) Appoint subcommittees, as necessary;
(j) Appoint subcommittees, as necessary;
- *AR1* – 17 – 4.
8Rul1.NoMembers Ruleshall No.notify the chair of any absence.
48.
Attendance.
1.
Members shall notify the chair of any absence.
- 81st Session (2021) – 18 – 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.
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.
UponWhenever conclusionthe committees of the Assembly and Senate hold joint meetinghearings ofor saidmeetings, committees,the eachchair standingof the Assembly committee shall coordinate with the chair of the AssemblySenate maycommittee taketo suchdetermine actionwhich asof itthem determinesshall appropriate.preside at the joint meeting.
Whenever the - *AR1* – 18 – 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.
9 Rule No.
- 81st Session (2021) – 19 – 2.
(b) The attendance and absence of members;
RuleRul1.NoExcept No.as 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.
The notice must be posted conspicuously in - *AR1* – 19 – the Legislative Building and be posted on the Nevada Legislature’s Internet website.
- 81st Session (2021) – 20 – C.
COMMITTEEC HOMMITTEE EARINGSHEARINGS Rule No.
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.
(1)(2) Approval of the measure as written;written along with proposed amendments that have been approved by the sponsor of the measure.
or(b) (2)“Opposition” Approvalto ofa thebill measureor asresolution writtenshall alongbe withconstrued proposedas: amendments that have been approved by the sponsor of the measure.
- *AR1* – 20 – (b) “Opposition” to a bill or resolution shall be construed as:
A person shall not be excluded from a meeting or public hearing of a committee or subcommittee except in case of any - 81st Session (2021) – 21 – 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.ctWhen areas.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.
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 simultaneousremote-technology telephonesystems.video or video conference or other appropriate remote-technology2. systems.
2.
These persons shall rise in an order determined by the chair, address the - *AR1* – 21 – chair and furnish their names, addresses and firms or other organizations represented.
- 81st Session (2021) – 22 – 6.
Subcommittees must have the prior written approval of the chair of the committee and the Speaker in order to conduct a m7.tiThe designated meeting outsideroom Carsonor City.rooms of a committee meeting conducted with all members participating via the use of remote-technology systems pursuant to the direction of the Speaker, must remain locked during the committee meeting and only the committee staff designated by the Chief Clerk, if any, may be present in a committee room during the meeting.
7.
The designated meeting room or rooms of a committee meeting conducted with all members participating via the use of remote-technology systems pursuant to the direction of the Speaker, must remain locked during the committee meeting and only the committee staff designated by the Chief Clerk, if any, may be present in a committee room during the meeting.
V OTING AND C OMMITTEE ACTIONA CTION Rule No.
Except as limited by this Rule, a simple majority of those presentpre3.ntAll maymotions move,require second and pass a motionsecond. by voice vote.
3.
All motions require a second.
- *AR1* – 22 – 5.
- 81st Session (2021) – 23 – 7.
8.Speaker, the chair must be present when the committee votes to take any final action regarding bills or resolutions.
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.
15.present to the House an alternative report.make a report or E.
ThePARLIAMENTARY minorityA ofUTHORITY aRule committeeNo. may not make a report or present to the House an alternative report.
E.
P ARLIAMENTARY AUTHORITY Rule No.
- *AR1*81st Session (2021) – 2324 – F.
D ECORUM AND DEBATED EBATE IN C OMMITTEES 3 Rule No.
A person who is within an Assembly committee room shall not engage in a telephone conversation via the use of a portable telephone.
in a telephone conversation via the use of a portable 2.
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*81st Session (2021) – 2425 – VI.
RULES GOVERNING MOTIONS 3 Rule No.
No motion may be debated until it is distinctly announced by motion or at the presidingrequest officer.of a member, may direct that the motionn be reduced to writing and be read by the Chief Clerk before the motion is debated.
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.
Any member may call for a division of the proposal, which shall be divided, if it comprehends propositions in substance so distinct that, one being taken away, a substantive proposition shall remainbeing forlost theshall decisionpreclude ofneither theamendment Assembly.nor a motion to strike out and insert.
A motion to strike out being lost shall preclude neither amendment nor a motion to strike out and insert.
Members who have once - 81st Session (2021) – 26 – spoken shall not again be entitled to the floor (except for explanation) to the exclusion of others who have not spoken.
- *AR1* – 25 – 2.
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.
RULESR ULES AND PROCEDURE Rule No.
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 - 81st Session (2021) – 27 – some member;
No person may do any lobbying upon the floor of the Assembly at any time, and it is the - *AR1* – 26 – duty of the Sergeant at Arms to remove any person violating any of the2.e provisionsAroviformerof oftSenatore. this Rule.
2.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.
ARule formerNo. 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.
8 Rule No.
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.
- 81st Session (2021) – 28 – Rule No.
In addition, it shall be in order for members to make remarks under other orders of business and, subject to the - *AR1* – 27 – approval of the majority of the members present, request that such remarks be entered in the Journal.
4 Rule No.
Questions relating to the rights and privileges of the AssemblyAss4.blA orcall any of itsthe members.House.ers.
4.
A call of the House.
BBILLS ILLS Rule No.
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.81st Session (2021) – 29 – of introduction and committee referral.
ASuch skeletona bill will be providedaposes forpresentation purposesof ideas or statements of introductionpurpose, sufficient in style and expression to enable the Legislature and the committee referral.to which the bill may be referred to consider the substantive merits of the legislation proposed.
SuchRule aNo. 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.
- *AR1* – 28 – Rule No.
3 Rule No.
5 Rule No.
If the question to reject receives a majority vote of the membersmust present,not be considered again during the billsession, shalland bethe rejected.question is not subject to a motion for reconsideration.
The same proposal must not be considered again during the session, and the question is not subject to a motion for reconsideration.
Any amendment which is numbered and made available to all members must be moved and voted upon by number.
Assembly bills sosobers amended must be reprinted, then engrossed or reengrossed, as applicable, and placed on the General File.
Bills so amended on second reading must be treated the same as bills with committee - 81st Session (2021) – 30 – amendments.
If the member desires to speak on the importance of the amendment, the member must request permission to speak under Order ofofment, Business 15 of Assembly Standing Rule No.
- *AR1* – 29 – 4.
4 Rule No.
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 particularrequests, the Chief Clerk shall remove the bill from the Consent Calendar.Calendar and transfer it to the Second Reading File or General File, as appropriate.
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.
- 81st Session (2021) – 31 – Rule No.
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.
If the member desires to speak on the importance of the amendment, the member must request - *AR1* – 30 – permission to speak under Order of Business 15 of Assembly Standing Rule No.
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 mustmade beonly takenby ona member who voted with the sameprevailing day.side.an be 2.
The motion to reconsider can be made only by a member who voted with the prevailing side.
2.
- 81st Session (2021) – 32 – Rule No.
(a) Be taken up and considered immediately upon the coming in of the message transmitting the same;
ororly upon the coming (b) Become the subject of a special order.
It shall not be in order, at any time, to vote upon such a vetoed bill unless the same shall first have - *AR1* – 31 – been read, from the first word of its title to and including the last word of its final section.
6 Rule No.
8 C.
RRESOLUTIONS ESOLUTIONS Rule No.
(a) Propose an amendment to the Nevada Constitution.
- 81st Session (2021) – 33 – Rule No.
3.
Presentation of Petitions.
- *AR1* – 32 – 10.
8 E.
REMOTER EMOTE -TECHNOLOGY SYSTEMSS YSTEMS Rule No.
(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- are81st intendedSession to(2021) authorize– necessary34 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.
(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 - *AR1* – 33 – 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 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- even81st thoughSession the(2021) member– is35 not– physically present within the Assembly Chambers or at a meeting of the Committee of the Whole.
(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 grantsgrantsublic such authorization, it must be entered in the Journal of the Assembly.
- *AR1* – 34 – (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 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 proceedingspro3.edFor forthe allpurposes purposes.of voting in proceedings of:
3.
For the purposes of voting in proceedings of:
(b)- A81st committee,Session other(2021) than– the36 Committee– of the Whole, the committee secretary shall call the roll of each member who isise authorized to use a remote-technology system for the proceedings and, in accordance with the procedures of the committee, cause the member’s vote to be entered into the record for the purposes of the records of the committee.
Hardy, 125 Nev.
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 totots 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), - *AR1* – 35 – 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.
Cushing, Elements of the Law & Practice of Legislative Assemblies))ative Assemblies § 533 (1856) (Cushing’s Legislative Assemblies)) (d) The inherent powers of each House are considered “so essential to the authority of a legislative assembly, that it cannot well exist without them;
and they are consequently entitled to be regarded as belonging to every such assembly as a necessary incident.” (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- common81st parliamentarySession law.”(2021) (Cushing’s– Legislative37 – Assemblies § 684)684)parliamentary law.” (Cushing’s Legislative (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.
(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:
Neither do the advantages or disadvantages, the wisdom or folly, of such a rule present any matters for judicial - *AR1* – 36 – consideration.
It is a continuous power, always subject to be - 81st Session (2021) – 38 – exercised by the house, and, within the limitations suggested, absolute and beyond the challenge of any other body or tribunal.
The Assembly hereby exercises its constitutional and inherent powers and privileges and adopts the Remote-Technology RulesRul(a) to:Govern, control and regulate its membership and its internal organization, affairs and management;
(a) Govern, control and regulate its membership and its internal organization, affairs and management;
- *AR1* – 37 – IX.
LEGISLATIVE INVESTIGATIONS AND MISCELLANEOUS 4 Rule No.
9 Rule No.
- 81st Session (2021) – 39 – X.
1.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.
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.
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 withwithering recommendations of the United States Centers for Disease Control and Prevention when in:
- *AR1* – 38 – (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 - 81st Session (2021) – 40 – explain and apologize for the breach, until the member has made satisfaction to the House for the breach.
3.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:
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:
H~~~~~ 21 - *AR1*81st Session (2021)
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View plain text versions (2)
- Enrolled As Enrolled Current pdf
- Introduced As Introduced pdf
Action History
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Enrolled and delivered to Secretary of State. File No. 5.
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From printer. To enrollment.
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Resolution read and adopted. To printer.
Sponsors
- Assembly Committee on Legislative Operations and Elections · Primary
Sponsorship breakdown
Export CSV (upgrade) →1 sponsors · 0 co-sponsors · 66 not signed on
Sponsors (1)
- Assembly Committee on Legislative Operations and Elections
Co-sponsors (0)
None.
Not signed on (66)
66 members have not signed on to this bill.
Show all 66 →"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.
Subjects
Frequently asked questions
- Who sponsors AR 1?
- AR 1 is sponsored by Assembly Committee on Legislative Operations and Elections.
- What is the current status of AR 1?
- This bill died with 2021 Regular Session. It reached “Passed Assembly” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
- Where can I track AR 1?
- Track AR 1 free on One Click Politics — get push/email alerts when it moves.
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