Assembly Concurrent Resolution No. 1–Assemblymen Perkins, Buckley and Hettrick

 

June 25, 2003

____________

 

Joint Sponsors: Senators Raggio and Titus

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Read and Adopted

 

SUMMARY—Adopts Joint Rules of Senate and Assembly for 20th Special Session of Legislature. (BDR R‑1)

 

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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 20th Special Session of the Legislature.

 

1-1  Resolved by the Assembly of the State of Nevada, the Senate Concurring, That the following Joint Rules of the Senate

1-2  and Assembly for the 20th Special Session of the Legislature are

1-3  hereby adopted:

 

1-4  APPLICABILITY OF JOINT RULES

 

1-5  Rule No. 1.  Generally.

1-6  The Joint Rules for the 20th Special Session of the Legislature

1-7  are applicable only during the 20th Special Session of the

1-8  Legislature.

 

1-9  CONFERENCE COMMITTEES

 

1-10  Rule No. 2.  Procedure Concerning.

1-11      1.  In every case of an amendment of a bill, or joint or

1-12  concurrent resolution, agreed to in one House, dissented from in

1-13  the other, and not receded from by the one making the

1-14  amendment, each House shall appoint a committee to confer with

1-15  a like committee to be appointed by the other; and the committee

1-16  so appointed shall meet publicly at a convenient hour to be agreed

2-1  upon by their respective chairmen and announced publicly, and

2-2  shall confer upon the differences between the two Houses as

2-3  indicated by the amendments made in one and rejected in the

2-4  other and report as early as convenient the result of their

2-5  conference to their respective Houses. The report shall be made

2-6  available to all members of both Houses. The whole subject matter

2-7  embraced in the bill or resolution shall be considered by the

2-8  committee, and it may recommend recession by either House, new

2-9  amendments, new bills or resolutions, or other changes as it sees

2-10  fit. New bills or resolutions so reported shall be treated as

2-11  amendments unless the bills or resolutions are composed entirely

2-12  of original matter, in which case they shall receive the treatment

2-13  required in the respective Houses for original bills, or resolutions,

2-14  as the case may be.

2-15      2.  The report of a conference committee may be adopted by

2-16  acclamation, and such action may be considered equivalent to the

2-17  adoption of amendments embodied therein. The report is not

2-18  subject to amendment. If either House refuses to adopt the report,

2-19  or if the first conference committee has so recommended, a second

2-20  conference committee may be appointed. No member who served

2-21  on the first committee may be appointed to the second.

2-22      3.  There shall be but two conference committees on any bill

2-23  or resolution. A majority of the members of a conference

2-24  committee from each House must be members who voted for the

2-25  passage of the bill or resolution.

 

2-26  MESSAGES

 

2-27  Rule No. 3.  Procedure Concerning.

2-28      1.  Proclamations by the Governor convening the Legislature

2-29  in extra session shall, by direction of the presiding officer of each

2-30  House, be read immediately after the convening thereof, filed and

2-31  entered in full in the Journal of proceedings.

2-32      2.  Whenever a message from the Governor is received, the

2-33  Sergeant at Arms will announce: “Mr. President, or Mr. Speaker,

2-34  the Secretary of the Governor is at the bar.” The Secretary will,

2-35  upon being recognized by the presiding officer, announce: “Mr.

2-36  President, or Mr. Speaker, a message from His Excellency, the

2-37  Governor of Nevada, to the Honorable, the Senate or Assembly,”

2-38  and hand same to the Sergeant at Arms for delivery to the

2-39  Secretary of the Senate or Chief Clerk of the Assembly. The

2-40  presiding officer will direct any message from the Governor to be

2-41  received, read and entered in full in the Journal of proceedings.

2-42      3.  Messages from the Senate to the Assembly shall be

2-43  delivered by the Secretary or Assistant Secretary, and messages

3-1  from the Assembly to the Senate shall be delivered by the Chief

3-2  Clerk or Assistant Chief Clerk.

 

3-3  NOTICE OF FINAL ACTION

 

3-4  Rule No. 4.  Communications.

3-5  Each House shall communicate its final action on any bill or

3-6  resolution, or matter in which the other may be interested, by

3-7  written notice. Each such notice sent by the Senate must be signed

3-8  by the Secretary of the Senate, or a person designated by the

3-9  Secretary. Each such notice sent by the Assembly must be signed

3-10  by the Chief Clerk of the Assembly, or a person designated by the

3-11  Chief Clerk.

 

3-12  BILLS AND JOINT RESOLUTIONS

 

3-13  Rule No. 5.  Signature.

3-14      Each enrolled bill or joint resolution shall be presented to the

3-15  presiding officers of both Houses for signature. They shall, after

3-16  an announcement of their intention to do so is made in open

3-17  session, sign the bill or joint resolution and their signatures shall

3-18  be followed by those of the Secretary of the Senate and Chief

3-19  Clerk of the Assembly.

 

3-20  Rule No. 6.  Joint Sponsorship.

3-21      1.  A bill or resolution introduced by a committee of the

3-22  Senate or Assembly may, at the direction of the chairman of the

3-23  committee, set forth the name of a committee of the other House

3-24  as a joint sponsor, if a majority of all members appointed to the

3-25  committee of the other House votes in favor of becoming a joint

3-26  sponsor of the bill or resolution. The name of the committee joint

3-27  sponsor must be set forth on the face of the bill or resolution

3-28  immediately below the date on which the bill or resolution is

3-29  introduced.

3-30      2.  The Legislative Counsel shall not cause to be printed the

3-31  name of a committee as a joint sponsor on the face of a bill or

3-32  resolution unless the chairman of the committee has signed his

3-33  name next to the name of the committee on the colored back of the

3-34  introductory copy of the bill or resolution that was submitted to the

3-35  front desk of the House of origin or the statement required by

3-36  subsection 4.

3-37      3.  Upon introduction, any bill or resolution that sets forth the

3-38  names of primary joint sponsors must be numbered in the same

3-39  numerical sequence as other bills and resolutions of the same

3-40  House of origin are numbered.

4-1  4.  Once a bill or resolution has been introduced, a primary

4-2  joint sponsor or nonprimary joint sponsor may only be added or

4-3  removed by amendment of the bill or resolution. An amendment

4-4  which proposes to add or remove a primary joint sponsormust not

4-5  be considered by the House of origin of the amendment unless a

4-6  statement requesting the addition or removal is attached to the

4-7  copy of the amendment submitted to the front desk of the House of

4-8  origin of the amendment. If the amendment proposes to add or

4-9  remove a committee as a primary joint sponsor, the statement must

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

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

4-12  amendment is adopted.

4-13      5.  An amendment that proposes to add or remove a primary

4-14  joint sponsor may include additional proposals to change the

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

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

 

4-17  PRINTING

 

4-18  Rule No. 7.  Ordering and Distribution.

4-19      Each House may order the printing of bills introduced, reports

4-20  of its own committees, and other matter pertaining to that House

4-21  only; but no other printing may be ordered except by a concurrent

4-22  resolution passed by both Houses. Each Senator is entitled to the

4-23  free distribution of four copies of each bill introduced in each

4-24  House, and each Assemblyman to such a distribution of two

4-25  copies. Additional copies of such bills may be distributed at a

4-26  charge to the person to whom they are addressed. The amount

4-27  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

4-30  session.

 

4-31  RESOLUTIONS

 

4-32  Rule No. 8.  Types, Usage and Approval.

4-33      1.  A joint resolution must be used to:

4-34      (a) Propose an amendment to the Nevada Constitution.

4-35      (b) Ratify a proposed amendment to the United States

4-36  Constitution.

4-37      (c) Address the President of the United States, Congress, either

4-38  House or any committee or member of Congress, any department

4-39  or agency of the Federal Government, or any other state of the

4-40  Union.

 

5-1  2.  A concurrent resolution must be used to:

5-2  (a) Amend these joint rules.

5-3  (b) Request the return from the Governor of an enrolled bill

5-4  for further consideration.

5-5  (c) Resolve that the return of a bill from one House to the

5-6  other House is necessary and appropriate.

5-7  (d) Express facts, principles, opinion and purposes of the

5-8  Senate and Assembly.

5-9  (e) Establish a joint committee of the two Houses.

5-10      (f) Direct the Legislative Commission to conduct an interim

5-11  study.

5-12      3.  A concurrent resolution or a resolution of one House may

5-13  be used to:

5-14      (a) Memorialize a former member of the Legislature or other

5-15  notable or distinguished person upon his death.

5-16      (b) Congratulate or commend any person or organization for a

5-17  significant and meritorious accomplishment.

 

5-18  VETOES

 

5-19  Rule No. 9.  Special Order.

5-20      Bills which have passed a previous Legislature, and which are

5-21  transmitted to the Legislature next sitting, accompanied by a

5-22  message or statement of the Governor’s disapproval, or veto of the

5-23  same, shall become the subject of a special order; and when the

5-24  special order for their consideration is reached and called, the said

5-25  message or statement shall be read, together with the bill or bills

5-26  so disposed or vetoed; and the message and bill shall be read in

5-27  the Senate by the Secretary of the Senate and in the Assembly by

5-28  the Chief Clerk of the Assembly, without interruption,

5-29  consecutively, one following the other, and not upon separate

5-30  occasions; and no such bill or message shall be referred to any

5-31  committee, or otherwise acted upon, save as provided by law and

5-32  custom; that is to say, that immediately following such reading the

5-33  only question (except as hereinafter stated) which shall be put by

5-34  the Chair is, “Shall the bill pass, notwithstanding the objections of

5-35  the Governor?” It shall not be in order, at any time, to vote upon

5-36  such vetoed bill without the same shall have first been read, from

5-37  the first word of its title to and including the last word of its final

5-38  section; and no motion shall be entertained after the Chair has

5-39  stated the question save a motion for “The previous question,” but

5-40  the merits of the bill itself may be debated.

 

 

 

6-1  ADJOURNMENT

 

6-2  Rule No. 10.  Limitations and Calculation of Duration.

6-3  1.  In calculating the permissible duration of an adjournment

6-4  for 3 days or less, the day of adjournment must not be counted but

6-5  the day of the next meeting must be counted, and Sunday must not

6-6  be counted.

6-7  2.  The Legislature may adjourn for more than 3 days by

6-8  motion based on mutual consent of the houses or by concurrent

6-9  resolution. One or more such adjournments may be taken to

6-10  permit a committee or the Legislative Counsel Bureau to prepare

6-11  the matters respectively entrusted to them for the consideration of

6-12  the Legislature as a whole.

 

6-13  EXPENDITURES FROM THE LEGISLATIVE FUND

 

6-14  Rule No. 11.  Manner of authorization.

6-15      Except for routine salary, travel, equipment and operating

6-16  expenses, no expenditures shall be made from the Legislative

6-17  Fund without the authority of a concurrent resolution regularly

6-18  adopted by the Senate and Assembly.

 

6-19  RECORDS OF COMMITTEE PROCEEDINGS

 

6-20  Rule No. 12.  Duties of Secretary of Committees and Director.

6-21      1.  Each committee shall cause a record to be made of the

6-22  proceedings of its meetings.

6-23      2.  The secretary of a committee shall:

6-24      (a) Label each record with the date, time and place of the

6-25  meeting and also indicate on the label the numerical sequence in

6-26  which the record was made;

6-27      (b) Keep the records in chronological order; and

6-28      (c) Deposit the records immediately following the final

6-29  adjournment of the Special Session of the Legislature with the

6-30  Director of the Legislative Counsel Bureau.

6-31      3.  The Director of the Legislative Counsel Bureau shall:

6-32      (a) Index the records;

6-33      (b) Make the records available for accessing by any person

6-34  during office hours under such reasonable conditions as he may

6-35  deem necessary;

6-36      (c) Maintain a log as a public record containing the date, time,

6-37  name and address of any person accessing any of the records and

6-38  identifying the records accessed; and

6-39      (d) Retain the records for two bienniums and at the end of that

6-40  period keep some form or copy of the record in any manner he

7-1  deems reasonable to ensure access to the record in the foreseeable

7-2  future.

 

7-3  LIMITATIONS ON REQUESTS FOR

7-4  DRAFTING OF LEGISLATIVE MEASURES

 

7-5  Rule No. 13.  Germaneness Required for Amendments.

7-6  1.  The Legislative Counsel shall not honor a request for the

7-7  drafting of an amendment to a bill or resolution if the subject

7-8  matter of the amendment is independent of, and not specifically

7-9  related and properly connected to, the subject that is expressed in

7-10  the title of the bill or resolution.

7-11      2.  For the purposes of this Rule, an amendment is

7-12  independent of, and not specifically related and properly

7-13  connected to, the subject that is expressed in the title of a bill or

7-14  resolution if the amendment relates only to the general, single

7-15  subject that is expressed in that title and not to the specific whole

7-16  subject matter embraced in the bill or resolution.

 

7-17  CONTINUATION OF LEADERSHIP OF THE SENATE

7-18  AND ASSEMBLY DURING THE INTERIM

7-19  BETWEEN SESSIONS

 

7-20  Rule No. 14.  Tenure and Performance of Statutory Duties.

7-21      1.  Except as otherwise provided in subsections 2 and 3, the

7-22  tenure of the President Pro Tem, Majority Leader and Minority

7-23  Leader of the Senate and the Speaker, Speaker Pro Tem, Majority

7-24  Floor Leader and Minority Floor Leader of the Assembly extends

7-25  during the interim between regular sessions of the Legislature.

7-26      2.  The Senators designated to be the President Pro Tem,

7-27  Majority Leader and Minority Leader for the next succeeding

7-28  regular session shall perform any statutory duty required in the

7-29  period between the time of their designation after the general

7-30  election and the organization of the next succeeding regular

7-31  session of the Legislature if the Senator formerly holding the

7-32  respective position is no longer a Legislator.

7-33      3.  The Assemblymen designated to be the Speaker, Speaker

7-34  Pro Tem, Majority Floor Leader and Minority Floor Leader for

7-35  the next succeeding regular session shall perform any statutory

7-36  duty required in the period between the time of their designation

7-37  after the general election and the organization of the next

7-38  succeeding regular session.

 

 

8-1  POLICY AND PROCEDURES REGARDING

8-2  SEXUAL HARASSMENT

 

8-3  Rule No. 15.  Maintenance of Working Environment;

8-4  Procedure for Filing, Investigating and Taking Remedial Action

8-5  on Complaints.

8-6  1.  The Legislature hereby declares its intention to maintain a

8-7  working environment which is free from sexual harassment. This

8-8  policy applies to all Legislators and lobbyists. Each member and

8-9  lobbyist is responsible to conduct himself or herself in a manner

8-10  which will ensure that others are able to work in such an

8-11  environment.

8-12      2.  In accordance with Title VII of the Civil Rights Act, for the

8-13  purposes of this rule, “sexual harassment” means unwelcome

8-14  sexual advances, requests for sexual favors, and other verbal or

8-15  physical conduct of a sexual nature when:

8-16      (a) Submission to such conduct is made either explicitly or

8-17  implicitly a term or condition of a person’s employment;

8-18      (b) Submission to or rejection of such conduct by a person is

8-19  used as the basis for employment decisions affecting the person;

8-20  or

8-21      (c) Such conduct has the purpose or effect of unreasonably

8-22  interfering with a person’s work performance or creating an

8-23  intimidating, hostile or offensive working environment.

8-24      3.  Each person subject to these rules must exercise his own

8-25  good judgment to avoid engaging in conduct that may be perceived

8-26  by others as sexual harassment. The following noninclusive list

8-27  provides illustrations of conduct that the Legislature deems to be

8-28  inappropriate:

8-29      (a) Verbal conduct such as epithets, derogatory comments,

8-30  slurs or unwanted sexual advances, invitations or comments;

8-31      (b) Visual conduct such as derogatory posters, photography,

8-32  cartoons, drawings or gestures;

8-33      (c) Physical conduct such as unwanted touching, blocking

8-34  normal movement or interfering with the work directed at a person

8-35  because of his sex;

8-36      (d) Threats and demands to submit to sexual requests to keep a

8-37  person’s job or avoid some other loss, and offers of employment

8-38  benefits in return for sexual favors; and

8-39      (e) Retaliation for opposing, reporting or threatening to report

8-40  sexual harassment, or for participating in an investigation,

8-41  proceeding or hearing conducted by the Legislature or the Nevada

8-42  Equal Rights Commission or the federal Equal Employment

8-43  Opportunity Commission,

9-1  when submission to such conduct is made either explicitly or

9-2  implicitly a term or condition of a person’s employment or

9-3  submission to or rejection of such conduct by a person is used as

9-4  the basis for employment decisions affecting the person or such

9-5  conduct has the purpose or effect of unreasonably interfering with

9-6  a person’s work performance or creating an intimidating, hostile

9-7  or offensive working environment.

9-8  4.  A person may have a claim of sexual harassment even if he

9-9  has not lost a job or some other economic benefit. Conduct that

9-10  impairs a person’s ability to work or his emotional well-being at

9-11  work constitutes sexual harassment.

9-12      5.  If a Legislator believes he is being sexually harassed on the

9-13  job, he may file a written complaint with:

9-14      (a) The Speaker of the Assembly;

9-15      (b) The Majority Leader of the Senate; or

9-16      (c) The Director of the Legislative Counsel Bureau, if the

9-17  complaint involves the conduct of the Speaker of the Assembly or

9-18  the Majority Leader of the Senate.

9-19  The complaint must include the details of the incident or

9-20  incidents, the names of the persons involved and the names of any

9-21  witnesses.

9-22      6.  Except as otherwise provided in subsection 7, the Speaker

9-23  of the Assembly or the Majority Leader of the Senate, as

9-24  appropriate, shall refer a complaint received pursuant to

9-25  subsection 5 to a committee consisting of Legislators of the same

9-26  House. A complaint against a lobbyist may be referred to a

9-27  committee in either House.

9-28      7.  If the complaint involves the conduct of the Speaker of the

9-29  Assembly or the Majority Leader of the Senate, the Director of

9-30  the Legislative Counsel Bureau shall refer the complaint to the

9-31  Committee on Elections, Procedures and Ethics of the Assembly

9-32  or the Committee of the Whole of the Senate, as appropriate. If the

9-33  Speaker of the Assembly or the Majority Leader of the Senate is a

9-34  member of one of these committees, the Speaker or the Majority

9-35  Leader, as the case may be, shall not participate in the

9-36  investigation and resolution of the complaint.

9-37      8.  The committee to which the complaint is referred shall

9-38  immediately conduct a confidential and discreet investigation of

9-39  the complaint. As a part of the investigation, the committee shall

9-40  notify the accused of the allegations. The committee shall facilitate

9-41  a meeting between the complainant and the accused to allow a

9-42  discussion of the matter, if both agree. If the parties do not agree

9-43  to such a meeting, the committee shall request statements

9-44  regarding the complaint from each of the parties. Either party may

9-45  request a hearing before the committee. The committee shall make

10-1  its determination and inform the complainant and the accused of

10-2  its determination as soon as practicable after it has completed its

10-3  investigation.

10-4      9.  If the investigation reveals that sexual harassment has

10-5  occurred, the Legislature will take appropriate disciplinary or

10-6  remedial action, or both. The committee shall inform the

10-7  complainant of any action taken. The Legislature will also take

10-8  any action necessary to deter any future harassment.

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

10-10  files a complaint and will not knowingly permit any retaliation by

10-11  the person’s supervisors or coworkers.

10-12     11.  The Legislature encourages a person to report any

10-13  incident of sexual harassment immediately so that the complaint

10-14  can be quickly and fairly resolved.

10-15     12.  Action taken by a complainant pursuant to this rule does

10-16  not prohibit the complainant from also filing a complaint of

10-17  sexual harassment with the Nevada Equal Rights Commission or

10-18  the federal Equal Employment Opportunity Commission.

10-19     13.  All Legislators and lobbyists are responsible for adhering

10-20  to the provisions of this policy. The prohibitions against engaging

10-21  in sexual harassment and the protections against becoming a

10-22  victim of sexual harassment set forth in this policy apply to

10-23  employees, Legislators, lobbyists, vendors, contractors, customers

10-24  and visitors to the Legislature.

10-25     14.  This policy does not create any enforceable legal rights in

10-26  any person.

 

10-27  H