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

FILE NUMBER..........

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

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

Concurring, That the following Joint Rules of the Senate and Assembly

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

APPLICABILITY OF JOINT RULES

Rule No. 1. Generally.

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

applicable only during the 18th Special Session of the Legislature.

CONFERENCE COMMITTEES

Rule No. 2. Procedure Concerning.

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

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

receded from by the one making the amendment, each House shall

appoint a committee to confer with a like committee to be appointed by

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

convenient hour to be agreed upon by their respective chairmen and

announced publicly, and shall confer upon the differences between the

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

the other and report as early as convenient the result of their conference

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

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

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

recommend recession by either House, new amendments, new bills or

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

reported shall be treated as amendments unless the bills or resolutions

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

the treatment required in the respective Houses for original bills, or

resolutions, as the case may be.

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

acclamation, and such action may be considered equivalent to the

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

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

conference committee has so recommended, a second conference

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

committee may be appointed to the second.

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

resolution. A majority of the members of a conference committee from

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

resolution.

MESSAGES

Rule No. 3. Procedure Concerning.

1. Proclamations by the Governor convening the Legislature in extra

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

immediately after the convening thereof, filed and entered in full in the

Journal of proceedings.

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

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

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

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

message from His Excellency, the Governor of Nevada, to the

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

Arms for delivery to the Secretary of the Senate or Chief Clerk of the

Assembly. The presiding officer will direct any message from the

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

proceedings.

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

the Secretary or Assistant Secretary, and messages from the Assembly to

the Senate shall be delivered by the Chief Clerk or Assistant Chief Clerk.

NOTICE OF FINAL ACTION

Rule No. 4. Communications.

Each House shall communicate its final action on any bill or

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

notice. Each such notice sent by the Senate must be signed by the

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

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

the Assembly, or a person designated by the Chief Clerk.

BILLS AND JOINT RESOLUTIONS

Rule No. 5. Signature.

Each enrolled bill or joint resolution shall be presented to the

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

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

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

of the Secretary of the Senate and Chief Clerk of the Assembly.

Rule No. 6. Joint Sponsorship.

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

Assembly may, at the direction of the chairman of the committee, set

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

majority of all members appointed to the committee of the other House

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

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

bill or resolution immediately below the date on which the bill or

resolution is introduced.

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

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

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

Legislators who are members elected to the other House and who wish to

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

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

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

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

resolution in the following order immediately below the date on which

the bill or resolution is introduced:

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

the colored back of the introductory copy of the bill or resolution; and

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

order.

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

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

the chairman of the committee has signed his name next to the name of

the committee on the colored back of the introductory copy of the bill or

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

the statement required by subsection 5. The Legislative Counsel shall

not cause to be printed the name of a Legislator as a primary joint

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

unless the Legislator has signed the colored back of the introductory

copy of the bill or resolution that was submitted to the front desk of the

House of origin or the statement required by subsection 5.

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

of primary joint sponsors or non-primary joint sponsors, or both, must

be numbered in the same numerical sequence as other bills and

resolutions of the same House of origin are numbered.

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

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

amendment of the bill or resolution. An amendment which proposes to

add or remove a primary joint sponsor or non-primary joint sponsor

must not be considered by the House of origin of the amendment unless

a statement requesting the addition or removal is attached to the copy of

the amendment submitted to the front desk of the House of origin of the

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

a primary joint sponsor or non-primary joint sponsor, the statement

must be signed by that Legislator. If the amendment proposes to add or

remove a committee as a primary joint sponsor or non-primary joint

sponsor, the statement must be signed by the chairman of the committee.

A copy of the statement must be transmitted to the Legislative Counsel if

the amendment is adopted.

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

sponsor or non-primary joint sponsor may include additional proposals

to change the substantive provisions of the bill or resolution or may be

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

non-primary joint sponsor.

PRINTING

Rule No. 7. Ordering and Distribution.

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

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

other printing may be ordered except by a concurrent resolution passed

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

copies of each bill introduced in each House, and each Assemblyman to

such a distribution of two copies. Additional copies of such bills may be

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

amount charged for distribution of the additional copies must be

determined by the Director of the Legislative Counsel Bureau to

approximate the cost of handling and postage for the entire session.

RESOLUTIONS

Rule No. 8. Types, Usage and Approval.

1. A joint resolution must be used to:

(a) Propose an amendment to the Nevada Constitution.

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

or any committee or member of Congress, any department or agency of

the Federal Government, or any other state of the Union.

2. A concurrent resolution must be used to:

(a) Amend these joint rules.

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

further consideration.

is necessary and appropriate.

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

Assembly.

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

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

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

to:

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

or distinguished person upon his death.

(b) Congratulate or commend any person or organization for a

significant and meritorious accomplishment.

VETOES

Rule No. 9. Special Order.

Bills which have passed a previous Legislature, and which are

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

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

become the subject of a special order; and when the special order for

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

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

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

Senate and in the Assembly by the Chief Clerk of the Assembly, without

interruption, consecutively, one following the other, and not upon

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

committee, or otherwise acted upon, save as provided by law and

custom; that is to say, that immediately following such reading the only

question (except as hereinafter stated) which shall be put by the Chair is,

“Shall the bill pass, notwithstanding the objections of the Governor?” It

shall not be in order, at any time, to vote upon such vetoed bill without

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

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

entertained after the Chair has stated the question save a motion for

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

ADJOURNMENT

Rule No. 10. Limitations and Calculation of Duration.

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

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

the next meeting must be counted, and Sunday must not be counted.

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

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

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

Legislative Counsel Bureau to prepare the matters respectively entrusted

to them for the consideration of the Legislature as a whole.

EXPENDITURES FROM THE LEGISLATIVE FUND

Rule No. 11. Manner of authorization.

Except for routine salary, travel, equipment and operating expenses,

no expenditures shall be made from the Legislative Fund without the

authority of a concurrent resolution regularly adopted by the Senate and

Assembly.

RECORDS OF COMMITTEE PROCEEDINGS

Rule No. 12. Duties of Secretary of Committees and Director.

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

proceedings of its meetings.

2. The secretary of a committee shall:

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

also indicate on the label the numerical sequence in which the record

was made;

(b) Keep the records in chronological order; and

of the special session of the Legislature with the Director of the

Legislative Counsel Bureau.

3. The Director of the Legislative Counsel Bureau shall:

(a) Index the records;

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

office hours under such reasonable conditions as he may deem

necessary;

and address of any person accessing any of the records and identifying

the records accessed; and

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

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

reasonable to ensure access to the record in the foreseeable future.

LIMITATIONS ON REQUESTS FOR

DRAFTING OF LEGISLATIVE MEASURES

Rule No. 13. Germaneness Required for Amendments.

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

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

amendment is independent of, and not specifically related and properly

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

resolution.

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

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

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

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

specific whole subject matter embraced in the bill or resolution.

CONTINUATION OF LEADERSHIP OF THE SENATE

AND ASSEMBLY DURING THE INTERIM

BETWEEN SESSIONS

Rule No. 14. Tenure and Performance of Statutory Duties.

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

the President pro Tem, Majority Leader and Minority Leader of the

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

Minority Floor Leader of the Assembly extends during the interim

between regular sessions of the Legislature.

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

Leader and Minority Leader for the next succeeding regular session

shall perform any statutory duty required in the period between the time

of their designation after the general election and the organization of

the next succeeding regular session of the Legislature if the Senator

formerly holding the respective position is no longer a Legislator.

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

Majority Floor Leader and Minority Floor Leader for the next

succeeding regular session shall perform any statutory duty required in

the period between the time of their designation after the general

election and the organization of the next succeeding regular session.

POLICY AND PROCEDURES REGARDING

SEXUAL HARASSMENT

Rule No. 15. Maintenance of Working Environment; Procedure for

Filing, Investigating and Taking Remedial Action on Complaints.

1. The Legislature hereby declares its intention to maintain a

working environment which is free from sexual harassment. This policy

applies to all Legislators and lobbyists. Each member and lobbyist is

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

that others are able to work in such an environment.

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

purposes of this rule, “sexual harassment” means unwelcome sexual

advances, requests for sexual favors, and other verbal or physical

conduct of a sexual nature when:

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

term or condition of a person’s employment;

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

the basis for employment decisions affecting the person; or

interfering with a person’s work performance or creating an

intimidating, hostile or offensive working environment.

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

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

as sexual harassment. The following noninclusive list provides

illustrations of conduct that the Legislature deems to be inappropriate:

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

unwanted sexual advances, invitations or comments;

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

drawings or gestures;

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

his sex;

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

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

in return for sexual favors; and

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

harassment, or for participating in an investigation, proceeding or

hearing conducted by the Legislature or the Nevada Equal Rights

Commission or the federal Equal Employment Opportunity

Commission,

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

term or condition of a person’s employment or submission to or

rejection of such conduct by a person is used as the basis for

employment decisions affecting the person or such conduct has the

purpose or effect of unreasonably interfering with a person’s work

performance or creating an intimidating, hostile or offensive working

environment.

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

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

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

sexual harassment.

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

may file a written complaint with:

(a) The Speaker of the Assembly;

(b) The Majority Leader of the Senate; or

involves the conduct of the Speaker of the Assembly or the Majority

Leader of the Senate.

The complaint must include the details of the incident or incidents, the

names of the persons involved and the names of any witnesses.

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

Assembly or the Majority Leader of the Senate, as appropriate, shall

refer a complaint received pursuant to subsection 5 to a committee

consisting of Legislators of the same House. A complaint against a

lobbyist may be referred to a committee in either House.

7. If the complaint involves the conduct of the Speaker of the

Assembly or the Majority Leader of the Senate, the Director of the

Legislative Counsel Bureau shall refer the complaint to the Committee

on Elections, Procedures and Ethics of the Assembly or the Committee

of the Whole of the Senate, as appropriate. If the Speaker of the

Assembly or the Majority Leader of the Senate is a member of one of

these committees, the Speaker or the Majority Leader, as the case may

be, shall not participate in the investigation and resolution of the

complaint.

8. The committee to which the complaint is referred shall

immediately conduct a confidential and discreet investigation of the

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

accused of the allegations. The committee shall facilitate a meeting

between the complainant and the accused to allow a discussion of the

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

committee shall request statements regarding the complaint from each

of the parties. Either party may request a hearing before the committee.

The committee shall make its determination and inform the complainant

and the accused of its determination as soon as practicable after it has

completed its investigation.

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

the Legislature will take appropriate disciplinary or remedial action, or

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

The Legislature will also take any action necessary to deter any future

harassment.

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

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

supervisors or coworkers.

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

sexual harassment immediately so that the complaint can be quickly and

fairly resolved.

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

prohibit the complainant from also filing a complaint of sexual

harassment with the Nevada Equal Rights Commission or the federal

Equal Employment Opportunity Commission.

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

provisions of this policy. The prohibitions against engaging in sexual

harassment and the protections against becoming a victim of sexual

harassment set forth in this policy apply to employees, Legislators,

lobbyists, vendors, contractors, customers and visitors to the Legislature.

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

person.

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