Assembly Concurrent Resolution No. 1–Committee on Elections, Procedures, and Ethics

 

July 29, 2002

____________

 

Read and Adopted

 

SUMMARY—Adopts Joint Rules of Senate and Assembly for 18th Special Session of Legislature. (BDR R‑5)

 

~

 

EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted.

 

Assembly Concurrent RESOLUTION—Adopting the Joint Rules of the Senate and Assembly for the 18th Special Session of the Legislature.

 

1-1     Resolved by the Assembly of the State of Nevada, the Senate

1-2  Concurring, That the following Joint Rules of the Senate and Assembly

1-3  for the 18th Special Session of the Legislature are hereby adopted:

 

1-4  APPLICABILITY OF JOINT RULES

 

1-5  Rule No. 1.  Generally.

1-6    The Joint Rules for the 18th Special Session of the Legislature are

1-7  applicable only during the 18th Special Session of the Legislature.

 

1-8  CONFERENCE COMMITTEES

 

1-9  Rule No. 2.  Procedure Concerning.

1-10    1.  In every case of an amendment of a bill, or joint or concurrent

1-11  resolution, agreed to in one House, dissented from in the other, and not

1-12  receded from by the one making the amendment, each House shall

1-13  appoint a committee to confer with a like committee to be appointed by

1-14  the other; and the committee so appointed shall meet publicly at a

1-15  convenient hour to be agreed upon by their respective chairmen and

1-16  announced publicly, and shall confer upon the differences between the

1-17  two Houses as indicated by the amendments made in one and rejected in

1-18  the other and report as early as convenient the result of their conference

1-19  to their respective Houses. The report shall be made available to all

1-20  members of both Houses. The whole subject matter embraced in the bill

1-21  or resolution shall be considered by the committee, and it may

1-22  recommend recession by either House, new amendments, new bills or

1-23  resolutions, or other changes as it sees fit. New bills or resolutions so

1-24  reported shall be treated as amendments unless the bills or resolutions

1-25  are composed entirely of original matter, in which case they shall receive

2-1  the treatment required in the respective Houses for original bills, or

2-2  resolutions, as the case may be.

2-3    2.  The report of a conference committee may be adopted by

2-4  acclamation, and such action may be considered equivalent to the

2-5  adoption of amendments embodied therein. The report is not subject to

2-6  amendment. If either House refuses to adopt the report, or if the first

2-7  conference committee has so recommended, a second conference

2-8  committee may be appointed. No member who served on the first

2-9  committee may be appointed to the second.

2-10    3.  There shall be but two conference committees on any bill or

2-11  resolution. A majority of the members of a conference committee from

2-12  each House must be members who voted for the passage of the bill or

2-13  resolution.

 

2-14  MESSAGES

 

2-15  Rule No. 3.  Procedure Concerning.

2-16    1.  Proclamations by the Governor convening the Legislature in extra

2-17  session shall, by direction of the presiding officer of each House, be read

2-18  immediately after the convening thereof, filed and entered in full in the

2-19  Journal of proceedings.

2-20    2.  Whenever a message from the Governor is received, the Sergeant

2-21  at Arms will announce: “Mr. President, or Mr. Speaker, the Secretary of

2-22  the Governor is at the bar.” The secretary will, upon being recognized by

2-23  the presiding officer, announce: “Mr. President, or Mr. Speaker, a

2-24  message from His Excellency, the Governor of Nevada, to the

2-25  Honorable, the Senate or Assembly,” and hand same to the Sergeant at

2-26  Arms for delivery to the Secretary of the Senate or Chief Clerk of the

2-27  Assembly. The presiding officer will direct any message from the

2-28  Governor to be received, read and entered in full in the Journal of

2-29  proceedings.

2-30    3.  Messages from the Senate to the Assembly shall be delivered by

2-31  the Secretary or Assistant Secretary, and messages from the Assembly to

2-32  the Senate shall be delivered by the Chief Clerk or Assistant Chief Clerk.

 

2-33  NOTICE OF FINAL ACTION

 

2-34  Rule No. 4.  Communications.

2-35    Each House shall communicate its final action on any bill or

2-36  resolution, or matter in which the other may be interested, by written

2-37  notice. Each such notice sent by the Senate must be signed by the

2-38  Secretary of the Senate, or a person designated by the Secretary. Each

2-39  such notice sent by the Assembly must be signed by the Chief Clerk of the

2-40  Assembly, or a person designated by the Chief Clerk.

 

 

 

 

 

3-1  BILLS AND JOINT RESOLUTIONS

 

3-2  Rule No. 5.  Signature.

3-3    Each enrolled bill or joint resolution shall be presented to the

3-4  presiding officers of both Houses for signature. They shall, after an

3-5  announcement of their intention to do so is made in open session, sign

3-6  the bill or joint resolution and their signatures shall be followed by those

3-7  of the Secretary of the Senate and Chief Clerk of the Assembly.

 

3-8  Rule No. 6.  Joint Sponsorship.

3-9    1.  A bill or resolution introduced by a committee of the Senate or

3-10  Assembly may, at the direction of the chairman of the committee, set

3-11  forth the name of a committee of the other House as a joint sponsor, if a

3-12  majority of all members appointed to the committee of the other House

3-13  votes in favor of becoming a joint sponsor of the bill or resolution. The

3-14  name of the committee joint sponsor must be set forth on the face of the

3-15  bill or resolution immediately below the date on which the bill or

3-16  resolution is introduced.

3-17    2.  A bill or resolution introduced by one or more Legislators elected

3-18  to one House may, at the direction of the Legislator who brings the bill or

3-19  resolution forward for introduction, set forth the names of one or more

3-20  Legislators who are members elected to the other House and who wish to

3-21  be primary joint sponsors or non-primary joint sponsors of the bill or

3-22  resolution. The number of primary joint sponsors must not exceed five

3-23  per bill or resolution. The names of each primary joint sponsor and non-

3-24  primary joint sponsor must be set forth on the face of the bill or

3-25  resolution in the following order immediately below the date on which

3-26  the bill or resolution is introduced:

3-27    (a) The name of each primary joint sponsor, in the order indicated on

3-28  the colored back of the introductory copy of the bill or resolution; and

3-29    (b) The name of each non-primary joint sponsor, in alphabetical

3-30  order.

3-31    3.  The Legislative Counsel shall not cause to be printed the name of

3-32  a committee as a joint sponsor on the face of a bill or resolution unless

3-33  the chairman of the committee has signed his name next to the name of

3-34  the committee on the colored back of the introductory copy of the bill or

3-35  resolution that was submitted to the front desk of the House of origin or

3-36  the statement required by subsection 5. The Legislative Counsel shall not

3-37  cause to be printed the name of a Legislator as a primary joint sponsor or

3-38  non-primary joint sponsor on the face of a bill or resolution unless the

3-39  Legislator has signed the colored back of the introductory copy of the bill

3-40  or resolution that was submitted to the front desk of the House of origin

3-41  or the statement required by subsection 5.

3-42    4.  Upon introduction, any bill or resolution that sets forth the names

3-43  of primary joint sponsors or non-primary joint sponsors, or both, must be

3-44  numbered in the same numerical sequence as other bills and resolutions

3-45  of the same House of origin are numbered.

3-46    5.  Once a bill or resolution has been introduced, a primary joint

3-47  sponsor or non-primary joint sponsor may only be added or removed by

4-1  amendment of the bill or resolution.  An amendment which proposes to

4-2  add or remove a primary joint sponsor or non-primary joint sponsor must

4-3  not be considered by the House of origin of the amendment unless a

4-4  statement requesting the addition or removal is attached to the copy of

4-5  the amendment submitted to the front desk of the House of origin of the

4-6  amendment. If the amendment proposes to add or remove a Legislator as

4-7  a primary joint sponsor or non-primary joint sponsor, the statement must

4-8  be signed by that Legislator. If the amendment proposes to add or remove

4-9  a committee as a primary joint sponsor or non-primary joint sponsor, the

4-10  statement must be signed by the chairman of the committee. A copy of

4-11  the statement must be transmitted to the Legislative Counsel if the

4-12  amendment is adopted.

4-13    6.  An amendment that proposes to add or remove a primary joint

4-14  sponsor or non-primary joint sponsor may include additional proposals

4-15  to change the substantive provisions of the bill or resolution or may be

4-16  limited only to the proposal to add or remove a primary joint sponsor or

4-17  non-primary joint sponsor.

 

4-18  PRINTING

 

4-19  Rule No. 7.  Ordering and Distribution.

4-20    Each House may order the printing of bills introduced, reports of its

4-21  own committees, and other matter pertaining to that House only; but no

4-22  other printing may be ordered except by a concurrent resolution passed

4-23  by both Houses. Each Senator is entitled to the free distribution of four

4-24  copies of each bill introduced in each House, and each Assemblyman to

4-25  such a distribution of two copies. Additional copies of such bills may be

4-26  distributed at a charge to the person to whom they are addressed. The

4-27  amount charged for distribution of the additional copies must be

4-28  determined by the Director of the Legislative Counsel Bureau to

4-29  approximate the cost of handling and postage for the entire session.

 

4-30  RESOLUTIONS

 

4-31  Rule No. 8.  Types, Usage and Approval.

4-32    1.  A joint resolution must be used to:

4-33    (a) Propose an amendment to the Nevada Constitution.

4-34    (b) Ratify a proposed amendment to the United States Constitution.

4-35    (c) Address the President of the United States, Congress, either House

4-36  or any committee or member of Congress, any department or agency of

4-37  the Federal Government, or any other state of the Union.

4-38    2.  A concurrent resolution must be used to:

4-39    (a) Amend these joint rules.

4-40    (b) Request the return from the Governor of an enrolled bill for

4-41  further consideration.

4-42    (c) Resolve that the return of a bill from one House to the other House

4-43  is necessary and appropriate.

4-44    (d) Express facts, principles, opinion and purposes of the Senate and

4-45  Assembly.

5-1    (e) Establish a joint committee of the two Houses.

5-2    (f) Direct the Legislative Commission to conduct an interim study.

5-3    3.  A concurrent resolution or a resolution of one House may be used

5-4  to:

5-5    (a) Memorialize a former member of the Legislature or other notable

5-6  or distinguished person upon his death.

5-7    (b) Congratulate or commend any person or organization for a

5-8  significant and meritorious accomplishment.

 

5-9  VETOES

 

5-10  Rule No. 9.  Special Order.

5-11    Bills which have passed a previous Legislature, and which are

5-12  transmitted to the Legislature next sitting, accompanied by a message or

5-13  statement of the Governor’s disapproval, or veto of the same, shall

5-14  become the subject of a special order; and when the special order for

5-15  their consideration is reached and called, the said message or statement

5-16  shall be read, together with the bill or bills so disposed or vetoed; and the

5-17  message and bill shall be read in the Senate by the Secretary of the

5-18  Senate and in the Assembly by the Chief Clerk of the Assembly, without

5-19  interruption, consecutively, one following the other, and not upon

5-20  separate occasions; and no such bill or message shall be referred to any

5-21  committee, or otherwise acted upon, save as provided by law and custom;

5-22  that is to say, that immediately following such reading the only question

5-23  (except as hereinafter stated) which shall be put by the Chair is, “Shall

5-24  the bill pass, notwithstanding the objections of the Governor?” It shall

5-25  not be in order, at any time, to vote upon such vetoed bill without the

5-26  same shall have first been read, from the first word of its title to and

5-27  including the last word of its final section; and no motion shall be

5-28  entertained after the Chair has stated the question save a motion for

5-29  “The previous question,” but the merits of the bill itself may be debated.

 

5-30  ADJOURNMENT

 

5-31  Rule No. 10.  Limitations and Calculation of Duration.

5-32    1.  In calculating the permissible duration of an adjournment for 3

5-33  days or less, the day of adjournment must not be counted but the day of

5-34  the next meeting must be counted, and Sunday must not be counted.

5-35    2.  The Legislature may adjourn for more than 3 days by motion

5-36  based on mutual consent of the houses or by concurrent resolution. One

5-37  or more such adjournments may be taken to permit a committee or the

5-38  Legislative Counsel Bureau to prepare the matters respectively entrusted

5-39  to them for the consideration of the Legislature as a whole.

 

5-40  EXPENDITURES FROM THE LEGISLATIVE FUND

 

5-41  Rule No. 11.  Manner of authorization.

5-42    Except for routine salary, travel, equipment and operating expenses,

5-43  no expenditures shall be made from the Legislative Fund without the

6-1  authority of a concurrent resolution regularly adopted by the Senate and

6-2  Assembly.

 

6-3  RECORDS OF COMMITTEE PROCEEDINGS

 

6-4  Rule No. 12.  Duties of Secretary of Committees and Director.

6-5    1.  Each committee shall cause a record to be made of the

6-6  proceedings of its meetings.

6-7    2.  The secretary of a committee shall:

6-8    (a) Label each record with the date, time and place of the meeting and

6-9  also indicate on the label the numerical sequence in which the record

6-10  was made;

6-11    (b) Keep the records in chronological order; and

6-12    (c) Deposit the records immediately following the final adjournment

6-13  of the special session of the Legislature with the Director of the

6-14  Legislative Counsel Bureau.

6-15    3.  The Director of the Legislative Counsel Bureau shall:

6-16    (a) Index the records;

6-17    (b) Make the records available for accessing by any person during

6-18  office hours under such reasonable conditions as he may deem

6-19  necessary;

6-20    (c) Maintain a log as a public record containing the date, time, name

6-21  and address of any person accessing any of the records and identifying

6-22  the records accessed; and

6-23    (d) Retain the records for two bienniums and at the end of that period

6-24  keep some form or copy of the record in any manner he deems

6-25  reasonable to ensure access to the record in the foreseeable future.

 

6-26  LIMITATIONS ON REQUESTS FOR

6-27  DRAFTING OF LEGISLATIVE MEASURES

 

6-28  Rule No. 13.  Germaneness Required for Amendments.

6-29    1.  The Legislative Counsel shall not honor a request for the drafting

6-30  of an amendment to a bill or resolution if the subject matter of the

6-31  amendment is independent of, and not specifically related and properly

6-32  connected to, the subject that is expressed in the title of the bill or

6-33  resolution.

6-34    2.  For the purposes of this Rule, an amendment is independent of,

6-35  and not specifically related and properly connected to, the subject that is

6-36  expressed in the title of a bill or resolution if the amendment relates only

6-37  to the general, single subject that is expressed in that title and not to the

6-38  specific whole subject matter embraced in the bill or resolution.

 

 

 

 

 

7-1  CONTINUATION OF LEADERSHIP OF THE SENATE

7-2  AND ASSEMBLY DURING THE INTERIM

7-3  BETWEEN SESSIONS

 

7-4  Rule No. 14.  Tenure and Performance of Statutory Duties.

7-5    1.  Except as otherwise provided in subsections 2 and 3, the tenure of

7-6  the President pro Tem, Majority Leader and Minority Leader of the

7-7  Senate and the Speaker, Speaker pro Tem, Majority Floor Leader and

7-8  Minority Floor Leader of the Assembly extends during the interim

7-9  between regular sessions of the Legislature.

7-10    2.  The Senators designated to be the President pro Tem, Majority

7-11  Leader and Minority Leader for the next succeeding regular session

7-12  shall perform any statutory duty required in the period between the time

7-13  of their designation after the general election and the organization of the

7-14  next succeeding regular session of the Legislature if the Senator

7-15  formerly holding the respective position is no longer a Legislator.

7-16    3.  The Assemblymen designated to be the Speaker, Speaker pro Tem,

7-17  Majority Floor Leader and Minority Floor Leader for the next

7-18  succeeding regular session shall perform any statutory duty required in

7-19  the period between the time of their designation after the general election

7-20  and the organization of the next succeeding regular session.

 

7-21  POLICY AND PROCEDURES REGARDING

7-22  SEXUAL HARASSMENT

 

7-23  Rule No. 15.  Maintenance of Working Environment; Procedure for

7-24  Filing, Investigating and Taking Remedial Action on Complaints.

7-25    1.  The Legislature hereby declares its intention to maintain a

7-26  working environment which is free from sexual harassment. This policy

7-27  applies to all Legislators and lobbyists. Each member and lobbyist is

7-28  responsible to conduct himself or herself in a manner which will ensure

7-29  that others are able to work in such an environment.

7-30    2.  In accordance with Title VII of the Civil Rights Act, for the

7-31  purposes of this rule, “sexual harassment” means unwelcome sexual

7-32  advances, requests for sexual favors, and other verbal or physical

7-33  conduct of a sexual nature when:

7-34    (a) Submission to such conduct is made either explicitly or implicitly a

7-35  term or condition of a person’s employment;

7-36    (b) Submission to or rejection of such conduct by a person is used as

7-37  the basis for employment decisions affecting the person; or

7-38    (c) Such conduct has the purpose or effect of unreasonably

7-39  interfering with a person’s work performance or creating an

7-40  intimidating, hostile or offensive working environment.

7-41    3.  Each person subject to these rules must exercise his own good

7-42  judgment to avoid engaging in conduct that may be perceived by others

7-43  as sexual harassment. The following noninclusive list provides

7-44  illustrations of conduct that the Legislature deems to be inappropriate:

8-1    (a) Verbal conduct such as epithets, derogatory comments, slurs or

8-2  unwanted sexual advances, invitations or comments;

8-3    (b) Visual conduct such as derogatory posters, photography, cartoons,

8-4  drawings or gestures;

8-5    (c) Physical conduct such as unwanted touching, blocking normal

8-6  movement or interfering with the work directed at a person because of

8-7  his sex;

8-8    (d) Threats and demands to submit to sexual requests to keep a

8-9  person’s job or avoid some other loss, and offers of employment benefits

8-10  in return for sexual favors; and

8-11    (e) Retaliation for opposing, reporting or threatening to report sexual

8-12  harassment, or for participating in an investigation, proceeding or

8-13  hearing conducted by the Legislature or the Nevada Equal Rights

8-14  Commission or the federal Equal Employment Opportunity

8-15  Commission,

8-16  when submission to such conduct is made either explicitly or implicitly a

8-17  term or condition of a person’s employment or submission to or rejection

8-18  of such conduct by a person is used as the basis for employment

8-19  decisions affecting the person or such conduct has the purpose or effect

8-20  of unreasonably interfering with a person’s work performance or

8-21  creating an intimidating, hostile or offensive working environment.

8-22    4.  A person may have a claim of sexual harassment even if he has

8-23  not lost a job or some other economic benefit. Conduct that impairs a

8-24  person’s ability to work or his emotional well-being at work constitutes

8-25  sexual harassment.

8-26    5.  If a Legislator believes he is being sexually harassed on the job, he

8-27  may file a written complaint with:

8-28    (a) The Speaker of the Assembly;

8-29    (b) The Majority Leader of the Senate; or

8-30    (c) The Director of the Legislative Counsel Bureau, if the complaint

8-31  involves the conduct of the Speaker of the Assembly or the Majority

8-32  Leader of the Senate.

8-33  The complaint must include the details of the incident or incidents, the

8-34  names of the persons involved and the names of any witnesses.

8-35    6.  Except as otherwise provided in subsection 7, the Speaker of the

8-36  Assembly or the Majority Leader of the Senate, as appropriate, shall

8-37  refer a complaint received pursuant to subsection 5 to a committee

8-38  consisting of Legislators of the same House. A complaint against a

8-39  lobbyist may be referred to a committee in either House.

8-40    7.  If the complaint involves the conduct of the Speaker of the

8-41  Assembly or the Majority Leader of the Senate, the Director of the

8-42  Legislative Counsel Bureau shall refer the complaint to the Committee

8-43  on Elections, Procedures and Ethics of the Assembly or the Committee of

8-44  the Whole of the Senate, as appropriate. If the Speaker of the Assembly

8-45  or the Majority Leader of the Senate is a member of one of these

8-46  committees, the Speaker or the Majority Leader, as the case may be, shall

8-47  not participate in the investigation and resolution of the complaint.

8-48    8.  The committee to which the complaint is referred shall

8-49  immediately conduct a confidential and discreet investigation of the

9-1  complaint. As a part of the investigation, the committee shall notify the

9-2  accused of the allegations. The committee shall facilitate a meeting

9-3  between the complainant and the accused to allow a discussion of the

9-4  matter, if both agree. If the parties do not agree to such a meeting, the

9-5  committee shall request statements regarding the complaint from each of

9-6  the parties. Either party may request a hearing before the committee. The

9-7  committee shall make its determination and inform the complainant and

9-8  the accused of its determination as soon as practicable after it has

9-9  completed its investigation.

9-10    9.  If the investigation reveals that sexual harassment has occurred,

9-11  the Legislature will take appropriate disciplinary or remedial action, or

9-12  both. The committee shall inform the complainant of any action taken.

9-13  The Legislature will also take any action necessary to deter any future

9-14  harassment.

9-15    10.  The Legislature will not retaliate against a person who files a

9-16  complaint and will not knowingly permit any retaliation by the person’s

9-17  supervisors or coworkers.

9-18    11.  The Legislature encourages a person to report any incident of

9-19  sexual harassment immediately so that the complaint can be quickly and

9-20  fairly resolved.

9-21    12.  Action taken by a complainant pursuant to this rule does not

9-22  prohibit the complainant from also filing a complaint of sexual

9-23  harassment with the Nevada Equal Rights Commission or the federal

9-24  Equal Employment Opportunity Commission.

9-25    13.  All Legislators and lobbyists are responsible for adhering to the

9-26  provisions of this policy. The prohibitions against engaging in sexual

9-27  harassment and the protections against becoming a victim of sexual

9-28  harassment set forth in this policy apply to employees, Legislators,

9-29  lobbyists, vendors, contractors, customers and visitors to the Legislature.

9-30    14.  This policy does not create any enforceable legal rights in any

9-31  person.

 

9-32  H