(REPRINTED WITH ADOPTED AMENDMENTS)
"                    FIRST REPRINT      A.C.R. 11" 


Assembly Concurrent Resolution No. 11--Committee on 
    Elections
                  and Procedures

                 February 23, 1995
                 _____________

Referred to Committee on Elections and Procedures


SUMMARY--Amends Joint Rules of the Senate and 
          Assembly to provide for enforcement of 
          requirement that all meetings of 
          legislative committees be open to public. 
          (BDR R-442)




EXPLANATION--Matter in italics is new; matter in bra
ckets [ ] is material to be omitted.

ASSEMBLY CONCURRENT RESOLUTION--Amending the Joint Rules of the Senate 
        and Assembly for the 68th legislative session to provide for 
        the enforcement of the requirement that all meetings of 
        legislative committees be open to the public.


  RESOLVED BY THE ASSEMBLY OF THE STATE OF NEVADA, THE  
SENATE CONCURRING, That the Joint Rules of the Senate 
and Assembly as adopted by the 68th session of the 
Legislature are amended by the following addition:\

                           20

  Violations of Requirement of Open Committee Meetings.

  \\1.  A complaint which alleges a violation or a 
prospective violation of:
  (a) The requirement in section 15 of article 4 of the 
constitution of the State of Nevada that all meetings of 
legislative committees be open to the public; or
  (b) The rules concerning meetings of legislative 
committees that are applicable to the House in which a 
meeting is held,
must be in writing and signed by the person making the 
allegation. 
  2.  The complaint must be filed with the Director of the 
Legislative Counsel Bureau not later than 3 legislative days 
after the alleged violation. The Director shall review the 
complaint to determine whether it alleges facts which, if 
true, would constitute a violation of the constitutional 
requirement that meetings of legislative committees be open 
to the public or of the rules concerning meetings of 
legislative committees that are applicable to the House in 
which the meeting was held.
  3.  If the Director determines that the complaint does not 
allege facts which, if true, would constitute a violation, 
he shall return the complaint to the person who filed the 
complaint and indicate that the complaint is not within the 
purview of this rule. The determination of the Director may 
be appealed to the Speakers of the Assembly, if the 
complaint involves an Assembly committee, or the Majority 
Leader of the Senate, if the complaint involves a Senate 
committee.
  4.  If the Director determines that the complaint alleges 
facts which, if true, would constitute a violation, or if 
upon appeal the Speakers or the Majority Leader so 
determine, the Director shall transmit a copy of the 
complaint, within 1 legislative day after the determination, 
to the committee responsible for hearing the complaint and 
the legislator against whom the complaint was filed.
  5.  Except as otherwise provided in this subsection, the 
Committee on Elections and Procedures shall hear a complaint 
which alleges a violation by an Assemblyman. If the 
complaint alleges a violation by the Committee on Elections 
and Procedures, the complaint must be heard by a committee 
consisting of the Speakers, Democrat Floor Leader and 
Republican Floor Leader of the Assembly or their designees.
  6.  Except as otherwise provided in this subsection, the 
Committee on Legislative Affairs and Operations shall hear a 
complaint which alleges a violation by a Senator. If the 
complaint alleges a violation by the Committee on 
Legislative Affairs and Operations, the complaint must be 
heard by a committee consisting of the President pro Tem, 
Majority Leader and Minority Leader of the Senate or their 
designees.
  7.  Except as otherwise provided in subsection 8, a 
hearing must be held as soon as practicable after the filing 
of the complaint. The complainant and the legislator against 
whom the complaint was filed may present the testimony of 
witnesses and other evidence at the hearing. If oral 
statements are made at the hearing, they must be made under 
oath. Strict rules of evidence do not apply at the hearing.
  8.  If the complaint alleges only a violation of the rules 
concerning meetings of legislative committees, a hearing 
must not be held and no further action may be taken if the 
legislator against whom the complaint was filed:
  (a) Takes corrective action before a meeting of a 
committee is held in violation of the rules; or
  (b) Acknowledges in writing a violation of the rules and 
agrees to refrain from violating the rules in the future.
  9.  If the committee hearing a complaint determines that a 
meeting has been held in violation of the requirement that 
all meetings of legislative committees be open to the public 
or of the rules concerning meetings of legislative 
committees that are applicable to the House in which the 
meeting was held, the committee shall determine the 
appropriate remedy for the violation. In determining an 
appropriate remedy, the committee shall consider the 
severity of the violation, whether previous violations have 
occurred, and the degree of harm resulting from the 
violation. The committee may:
  (a) Issue a letter of reprimand or take other punitive 
measures;
  (b) Require that another hearing be conducted on any issue 
or legislation heard or considered at the meeting in 
question, or that some other remedial action be taken; or
  (c) If the violation was minor and no harm is shown to 
have resulted therefrom, determine that no action is 
necessary to remedy the violation and no punishment is 
appropriate under the circumstances.
The committee shall notify the legislator against whom the 
complaint was filed of its proposed ruling before taking any 
action on that ruling.
  10.  If the legislator against whom the complaint was 
filed objects to the proposed ruling of the committee, he 
may appeal the matter to the House for its resolution of the 
complaint by filing a notice of appeal with the Chief Clerk 
of the Assembly or the Secretary of the Senate within 1 
legislative day after being notified of the proposed ruling. 
If the legislator does not file a notice of appeal within 
the time allowed, the ruling of the committee becomes final 
and the committee shall take the action proposed.
  11.  The filing of a complaint pursuant to this rule does 
not prevent any action from being taken with respect to 
legislation considered at the meeting at which the alleged 
violation occurred. A determination pursuant to subsection 9 
that a violation has occurred does not affect the validity 
of any legislation heard or considered at the meeting in 
question.

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