Assembly Resolution No. 3–Committee on Elections,

Procedures, and Ethics

FILE NUMBER........

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

Assembly Standing Rules as amended by the 69th session are adopted, with

the following changes, as the Standing Rules of the Assembly for the 70th

session of the Legislature:

1. 1. All officers of the Assembly are subordinate to the Speaker in all that

1. relates to the prompt, efficient and correct discharge of their official duties

1. 2. Possessing the powers and performing the duties described in this

1. rule, the Speaker shall:

1. (a) Take the chair at the hour to which the Assembly stands adjourned,

1. call the members to order, and upon the appearance of a quorum, proceed to

1. business.

1. (b) Preserve order and decorum and have general direction of the

1. of any disturbance or disorderly conduct therein, order the same to be

1. cleared.

1. (c) Decide all questions of order, subject to a member’s right to appeal to

1. the Assembly. On appeal from such decisions, the Speaker has the right, in

1. the Speaker’s place, to assign the reason for the decision.

1. (d) Have the right to name any member to perform the duties of the

1. day.

1. (e) When the Assembly resolves itself into Committee of the Whole,

1. name a chairman to preside thereover and call him to the chair.

1. (f) Have the power to accredit the persons who act as representatives of

1. (g) Sign all bills and resolutions passed by the Legislature as provided by

1. law.

1. (h) Sign all subpoenas issued by the Assembly or any committee thereof.

1. (i) Receive all messages and communications from other departments of

1. the government and announce them to the Assembly.

1. (j) Represent the Assembly, declare its will and in all things obey its

1. commands.
2. (k) Vote on final passage of a bill or resolution, but the Speaker shall not

1. be required to vote in ordinary legislative proceedings except where the

1. 3. If a vacancy occurs in the office of Speaker, through death,

1. resignation or disability of the Speaker, the Speaker pro Tempore shall

1. temporarily and for the period of vacancy or disability conduct the

1. necessary business of the Assembly.

1. 4. If a permanent vacancy occurs in the office of Speaker, the Assembly

1. shall select a new Speaker.

1. Rule No. 2. Reserved.

The next rule is 10.

1. Rule No. 10. Time of Meeting.

1. The Assembly shall meet each day at 11 a.m., unless the Assembly

1. adjourns to some other hour.

1. Rule No. 11. Open Meetings.

1. open to the public.

1. The next rule is 20.

1. Rule No. 20. Points of Order.

1. If any member, in speaking or otherwise, transgresses the rules of the

1. Assembly, the Speaker shall, or any member may, call to order, in which

1. case the member so called to order shall immediately sit down, unless

1. permitted to explain; and if called to order by a member, such member shall

1. immediately state the point of order. If the point of order be sustained by the

1. presiding officer, the member shall not be allowed to proceed; but if it be

1. not sustained, then he shall be permitted to go on. Every such decision from

1. the presiding officer shall be subject to an appeal to the House; but no

1. discussion of the question of order shall be allowed unless an appeal be

1. taken from the decision of the presiding officer.

1. Rule No. 21. Reserved.

2. Rule No. 23. Committee on Ethics; Legislative Ethics.

1. 1. The Committee on Ethics consists of:

1. (a) Two members of the Assembly appointed by the Speaker from the

1. majority political party;

1. (b) One member of the Assembly appointed by the Minority Leader from

1. the minority political party; and

1. (c) Two qualified electors of the state chosen by the members of the

1. committee who are appointed pursuant to paragraphs (a) and (b), neither of

1. whom is a present or former member of the Legislature or employed by the

1. State of Nevada.

1. 2. The Speaker shall appoint two members of the Assembly, one from

1. the majority political party and one from the minority political party to serve

1. as alternate members of the committee. If a member is disqualified, the

1. alternate appointed from the same political party shall serve as a member of

1. the committee during the consideration of a specific question.

1. 3. A member is disqualified if he is the requester of advice concerning a

1. question of ethics or conflict of interest, or if the advice is requested by

1. another member of the Assembly and a reasonable person in his situation

1. could not exercise independent judgment on the matter in question.

1. 4. The committee shall hear complaints on alleged breaches of ethics

1. and conflicts of interest, brought by Legislators and others, and it may

1. advise Legislators on questions of breaches of ethics and conflicts of

1. interest. All proceedings held to consider the character, alleged misconduct,

1. professional competence or physical or mental health of any person by the

1. committee on matters of ethics or conflicts of interest are confidential unless

1. a Legislator:

1. (a) Against whom a complaint is brought requests a public hearing;

1. (b) Discloses the opinion of the committee at any time after his hearing;

1. or

1. (c) Discloses the content of an advisory opinion issued to him by the

1. committee.

1. 5. A complaint which alleges a breach of ethics or a conflict of interest

1. must be in writing and signed by the person making the allegation. The

1. complaint must be filed with the chairman. The chairman shall send a copy

1. of the complaint, within 24 hours after receiving it, to the Legislator against

1. whom the complaint is brought.

1. 6. The criterion to be applied by the committee in determining whether

1. a Legislator has a conflict of interest is whether the independence of

1. judgment of a reasonable person in his position upon the matter in question

1. would be materially affected by:

1. (a) His acceptance of a gift or loan; or

1. (b) His private economic interest.

1. 7. A Legislator who determines that he has a conflict of interest may

1. vote upon, advocate or oppose any measure as to which a potential conflict

1. exists if he makes a general disclosure of the conflict. In determining
2. whether to vote upon, advocate or oppose the measure, the Legislator

1. should consider whether:

1. (a) The conflict impedes his independence of judgment;

1. (b) His participation will produce a negative effect on the public’s

1. confidence in the integrity of the Legislature;

1. (c) His participation is likely to have any significant effect on the

1. disposition of the measure; and

1. (d) His interest is greater than the interests of an entire class of persons

1. similarly situated.

The next rule is 30.

1. Rule No. 30. Manner of Voting.

1. a division or by a roll call, either electronic or oral.

1. electronic roll call system may be used, and when so used shall have the

1. force and effect of any roll call under these rules.

1. 5. The electronic roll call system may be used to determine the presence

1. of a quorum.

1. electronic roll call system until all members present are at their desks. The

1. presiding officer may vote at the rostrum.

1. 7. Only a member, certified by the Committee on Credentials or special

1. committee of the Assembly, may cast a vote in the Assembly. A member

1. shall not vote for another member on any roll call, either electronic or oral.

1. Any member who votes for another member may be punished in any manner

1. deemed appropriate by the Assembly.

1. Rule No. 31. Reserved.

1. Rule No. 32. Announcement of the Vote.

1. 1. A member may change his vote at any time before the announcement

1. of the vote if the voting is by voice, or at any time before the votes are

1. electronically recorded if the voting is conducted electronically.

1. 2. The announcement of the result of any vote shall not be postponed.

1. Rule No. 33. Voting by Division.

1. Upon a division and count of the Assembly on any question, no person

1. without the bar shall be counted.
2. The next rule is 40.

1. Rule No. 40. Standing Committees.

1. The standing committees of the Assembly are as follows:

1. 2. Judiciary, fourteen members.

1. 5. Elections, Procedures, and Ethics, nine members.

1. members.

1. 1. Except as otherwise provided in Assembly Standing Rule No. 23, all

1. committees must be appointed by the Speaker, unless otherwise directed by

1. the Assembly. The Speaker shall designate the chairman and vice chairman

1. of each committee.

1. 2. To facilitate the full participation of the members during an

1. adjournment called pursuant to NRS 218.115, the Speaker may temporarily

1. appoint a member to a standing committee that is scheduled to meet during

1. the adjournment if none of the committees to which the member is regularly

1. assigned will be meeting during the adjournment.

1. Rule No. 42. Committee Action.

1. 1. The committee shall have regular meetings scheduled by the

1. Assembly leadership. A quorum of the committee is a majority of its

1. members and may transact business except as limited by this rule.

1. 2. Motions may be moved, seconded and passed by voice vote by a

1. simple majority of those present.

1. 3. Definite action on a bill or resolution will require a majority of the

1. entire committee.

1. 4. A two-thirds majority of all the committee is required to reconsider

1. action on a bill or resolution.

1. 5. Committee introduction of legislative measures which are not

1. prefiled requires concurrence of two-thirds of the committee and does not

1. imply commitment to support final passage.

1. 6. The chairman shall vote on all final action regarding bills or

1. resolutions.
2. 7. No member of the committee may vote by proxy under any

1. circumstances.

1. Rule No. 43. Subcommittees.

1. Subcommittees made up of committee members may be appointed by the

1. chairman to consider and report back on specific subjects or bills.

1. Rule No. 44. Committee on Elections, Procedures, and Ethics.

1. The Committee on Elections, Procedures, and Ethics has jurisdiction over

1. matters relating to personnel. It shall recommend by resolution the

1. appointment of all attachés and employees of the Assembly not otherwise

1. provided for by law. It may suspend or remove any such attaché or

1. employee for incompetency or dereliction of duty. It shall function as the

1. Committee on Rules and as the Committee on Credentials of the Assembly.

1. Rule No. 45. Procedure for Election Contests.

1. 1. Upon receipt of a statement of contest from the Secretary of State

1. pursuant to NRS 293.427, the Speaker shall, as soon as practicable, appoint

1. a special committee to hear the contest or refer the contest to the Standing

1. Committee on Elections, Procedures, and Ethics. The committee shall

1. conduct a hearing to consider the contest. The committee shall keep written

1. minutes of the hearing. The contestant has the burden of proving that any

1. irregularities shown were of such a nature as to establish that the result of

1. the election was changed thereby.

1. 2. The contest must be submitted so far as may be possible upon

1. depositions or by written or oral arguments as the Assembly may order. Any

1. party to a contest may take the deposition of any witness at any time after

1. the statement of contest is filed with the Secretary of State and before the

1. contest is finally decided. At least 3 days’ notice must be given to the

1. prospective deponent and to the other party. If oral statements are made at

1. any hearing before the Assembly or a committee thereof which purport to

1. establish matters of fact, they must be made under oath. Strict rules of

1. evidence do not apply.

1. 3. The committee shall, not later than 5 calendar days after the contest

1. was referred to the committee, report to the Assembly its findings on

1. whether the contestant has met the burden of proving that any irregularities

1. shown were of such a nature as to establish that the result of the election

1. was changed thereby. The committee shall then report to the Assembly its

1. recommendation on which person should be declared elected or report that

1. it has no recommendation. The Assembly shall, as soon as practicable

1. thereafter but not later than 7 calendar days after the Speaker received the

1. statement of contest, vote whether to accept or reject the committee’s

1. recommendation without amendment, if a recommendation is made. If the

1. recommendation is accepted, the Speaker shall declare the recommended

1. person elected. If the recommendation is rejected or the committee did not

1. make a recommendation, the Assembly shall consider immediately which

1. person should be declared elected. The Speaker shall not adjourn the

1. Assembly until it has declared a person to be elected.
2. 4. The Speaker shall inform the Governor of the identity of the person

1. declared to be elected by the Assembly.

1. Rule No. 46. Committee Action on Reports.

1. actually assembled and meeting as a committee with a quorum present.

1. chairman.

1. Rule No. 47. Committee Records.

The chairman of each committee shall keep, or cause to be kept, a

be entered:

1. 1. The time and place of each meeting;

1. 2. The attendance and absence of members;

1. 3. The names of all persons appearing before the committee, with the

1. names of persons, firms, corporations or associations in whose behalf such

1. appearance is made; and

1. 4. The subjects or measures considered and action taken.

1. Rule No. 48. Disposition of Committee Records.

1. All minutes, records and documents in the possession of committees and

1. Bureau upon adjournment sine die.

1. Rule No. 49. Committee Hearings.

1. are opened by the chairman who announces the subject under consideration

1. and provides for those wishing to address the committee to be heard. These

1. persons shall rise in an order determined by the chairman, address the chair

1. and furnish their names, addresses and firms or other organizations

1. represented. Committee members may address the chairman for permission

1. to question the witness. When all persons present have been heard, the

1. chairman may declare closed the portion of the meeting wherein the

1. committee will accept public testimony on the matter before proceeding to

1. other matters.

1. Rule No. 50. Reserved.

1. resolution must go to the first committee named. If the first committee votes

1. to amend the bill or resolution, it must be reprinted with amendments and

1. then returned to the first committee or sent immediately to the next

1. committee. If there is no amendment proposed by the first committee, or if

1. the first committee acts upon the bill or resolution after amendment, the bill

1. or resolution must be sent with the committee recommendation immediately

1. to the second committee.
2. The next rule is 60.

1. Rule No. 60. Entertaining.

1. any time before amendment or before the motion is put to vote.

1. Rule No. 61. Reserved.

1. Rule No. 63. Reserved.

1. Rule No. 66. To Strike Enacting Clause.

1. carried, it shall be considered equivalent to the rejection of such bill or

1. resolution.

1. Rule No. 67. Division of Question.

1. Any member may call for a division of the question, which shall be

1. divided, if it comprehends propositions in substance so distinct that, one

1. being taken away, a substantive proposition shall remain for the decision of

1. the Assembly. A motion to strike out being lost shall preclude neither

1. amendment nor a motion to strike out and insert. A motion to strike out and

1. insert shall be deemed indivisible.

1. Rule No. 68. To Reconsider—Precedence of.

1. A motion to reconsider shall have precedence over every other motion,

1. except a motion to adjourn, or to fix the time to which to adjourn; and when

1. the Assembly adjourns, while a motion to reconsider is pending, or before

1. day of sitting. No notice of reconsideration of any final vote shall be in

1. order on the day preceding the last day of the session.

The next rule is 80.

1. Rule No. 80. Speaking on Question.

1. No member shall speak more than twice during the consideration of any

1. one question, on the same day, and at the same stage of proceedings,

1. without leave. Members who have once spoken shall not again be entitled to

1. the floor (except for explanation) to the exclusion of others who have not

1. spoken.

1. Rule No. 81. Previous Question.

1. The previous question shall be put only when demanded by three

1. members. The previous question shall not be moved by the member last

1. speaking on the question.

The next rule is 90.

1. Rule No. 90. Mason’s Manual.

1. The rules of parliamentary practice contained in Mason’s Manual of

1. Legislative Procedure shall govern the Assembly in all cases in which they

1. are applicable and in which they are not inconsistent with the Standing

1. Rules and orders of the Assembly, and the Joint Rules of the Senate and

1. Assembly.

1. Rule No. 91. Suspension of Rule.

1. No standing rule or order of the Assembly shall be rescinded or changed

1. without a vote of two-thirds of the members elected, and one day’s notice

1. being given of the motion therefor; but a rule or order may be suspended

1. temporarily by a vote of two-thirds of the members present.

1. Rule No. 92. Notices of Bills, Topics and Public Hearings.

1. that is available at the time the daily history is created and an informational
2. statement informing the public where more current information, if any,

1. regarding such notices may be found.

1. 2. The noticing requirements of this rule may be suspended for

1. emergency situations but only after approval by a two-thirds vote of a

1. committee.

1. 3. Subsection 1 does not apply to:

1. (a) Committee meetings held on the floor of the Assembly during a

1. recess; or

1. (b) Conference committee meetings.

1. Rule No. 93. Reserved.

1. No person, except Senators, former Assemblymen and state officers, may

1. be admitted at the bar of the Assembly, except by special invitation on the

1. part of some member; but a majority may authorize the Speaker to have the

1. Assembly cleared of all such persons. No person may do any lobbying upon

1. the floor of the Assembly at any time, and it is the duty of the Sergeant at

1. Arms to remove any person violating any of the provisions of this rule.

1. Rule No. 95. Material Placed on Legislators’ Desks.

1. All papers, letters, notes, pamphlets and other written material placed

1. upon an Assemblyman’s desk shall contain the signature of the Legislator

1. requesting the placement of such material on the desk or shall contain a

1. designation of the origin of such material. This rule does not apply to books

1. containing the legislative bills and resolutions, the legislative daily histories,

1. the legislative daily journals or Legislative Counsel Bureau material.

1. Peddling, begging and soliciting are strictly forbidden in the Assembly

1. or other devices for any kind of advertising.

1. Rule No. 97. Petitions and Memorials.

1. Petitions, memorials and other papers addressed to the Assembly, shall be

1. presented by the Speaker, or by a member in the Speaker’s place. A brief

1. statement of the contents thereof shall be made by the introducer. They shall

1. not be debated on the day of their being presented, but shall be on the table,

1. or be referred, as the Assembly shall determine.

1. Rule No. 98. Request of Purpose.

1. A member may request the purpose of a bill or joint resolution upon its

1. introduction.

1. Rule No. 99. Remarks.

1. It shall be in order for members to make remarks and to have such

1. remarks entered in the Journal.

1. Rule No. 100. Precedence of Parliamentary Authority.

1. 2. The Statutes of the State of Nevada.
2. 3. The Standing Rules of the Assembly and the Joint Standing Rules of

1. the Senate and Assembly.

1. 4. Mason’s Manual of Legislative Procedure.

1. Rule No. 101. Reserved.

1. Rule No. 104. Reserved.

1. A substitute bill shall be deemed and held to be an amendment, and

1. treated in all respects as such. However, a substitute bill may be amended

1. after its adoption, in the same manner as if it were an original bill.

1. Rule No. 106. Skeleton Bills.

1. the full drafting of the bill would entail extensive research or be of

1. considerable length. A skeleton bill will be provided for purposes of

1. ideas or statements of purpose, sufficient in style and expression to enable

1. the Legislature and the committee to which the bill may be referred to

1. The presiding officer shall announce at each reading of a bill whether it

1. be the first, second or third reading. The first reading of a bill shall be for

1. information. If there is objection, the question shall be, "Shall the bill be

1. rejected?" If the question to reject fails to receive a majority vote by the

1. members present, or if there is no objection, the bill shall take the proper

1. course. No bill shall be referred to a committee until after the first reading,

1. nor amended until after the second reading.

1. Rule No. 110. Second Reading and Amendment of Bills.

1. day after which they are reported by committee, unless a different day is

1. designated by motion. Upon second reading, Assembly bills reported

1. without amendments shall be placed on the General File and Senate bills

1. reported without amendments shall be placed on the General File.

1. Committee amendments reported with bills shall be considered upon their

1. second reading, and such amendments may be adopted by a majority vote of

1. unless any member moves that it be read in full. Assembly bills so amended

1. reengrossed, as applicable, and placed on the General File.

1. 2. Any member may move to amend a bill during its second or third

1. treated the same as bills with committee amendments. Any bill so amended

1. reengrossed, as applicable.

1. 3. The reprinting of amended bills may be dispensed with only in

1. accordance with the provisions of law.

1. Rule No. 111. Consent Calendar.

standing committee may by unanimous vote of the members present report a

bill with the recommendation that it be placed on the consent calendar. The

question of recommending a bill for the consent calendar may be voted

upon in committee only after the bill has been recommended for passage

and only if no amendment is recommended.

2. The Chief Clerk shall maintain a list of bills recommended for the

consent calendar. The list must be printed in the daily history and must

include the summary of each bill, and the date the bill is scheduled for

consideration on final passage.

1. passage of the consent calendar, a member may give written notice to the

1. Chief Clerk or state orally from the floor of the Assembly in session that he

1. objects to the inclusion of a particular bill on the consent calendar. If a

1. member so objects, the Chief Clerk shall remove the bill from the consent

1. calendar and transfer it to the second reading file. A bill removed from the

1. consent calendar may not be restored to that calendar.

1. may ask questions and offer explanations relating to the respective bills.

remaining on the consent calendar must be read by number and summary

and the vote must be taken on their final passage as a group.

1. Rule No. 112. Reserved.

1. All bills reported to the Assembly, by either standing or special

1. upon a General File, to be kept by the Chief Clerk. No bill shall be
2. considered by the Assembly until the regular order of business shall have

1. been gone through. Then bills shall be taken from the General File and

1. acted upon in the order in which they were reported, unless otherwise

1. specially ordered by the Assembly. But engrossed bills shall be placed at the

1. head of the file, in the order in which they are received. The Chief Clerk

1. shall post, in a conspicuous place in the chamber, a daily statement of the

1. bills on the General File, setting forth the order in which they are filed, and

1. specifying the alterations arising from the disposal of business each day.

1. The Chief Clerk shall likewise post notices of special orders as made.

1. Rule No. 114. Reserved.

1. On the first legislative day that the Assembly is in session succeeding that

1. on which a final vote on any bill or resolution has been taken, a vote may be

1. reconsidered on the motion of any member. Notice of intention to move

1. indefinitely postpone. Motions to reconsider a vote upon amendments to

1. any pending question may be made at once.

1. Rule No. 116. Reserved.

1. Rule No. 118. Treated as Bills—Joint Resolutions.

1. that of enacting bills. However, joint resolutions proposing amendments to

1. Rule No. 119. Reserved.

1. The Order of Business must be as follows:

1. 3. Presentation of Petitions.

1. 4. Reports of Standing Committees.

1. 5. Reports of Select Committees.

1. 6. Communications.

1. 7. Messages from the Senate.

1. 8. Motions, Resolutions and Notices.

1. 9. Introduction, First Reading and Reference.

1. 10. Consent Calendar.

1. 11. Second Reading and Amendment.

1. 12. General File and Third Reading.

1. 13. Unfinished Business of Preceding Day.
2. 14. Special Orders of the Day.

1. 15. Remarks from the Floor, limited to 10 minutes.

1. Rule No. 121. Reserved.

1. order:

1. 1. Motions to fix the time to which the Assembly shall adjourn.

1. 2. Motions to adjourn.

1. 3. Questions relating to the rights and privileges of the Assembly or any

1. of its members.

1. 4. A call of the House.

1. 5. Motions for special orders.

1. Rule No. 123. Privilege of Closing Debate.

1. The author of a bill, resolution or a main question shall have the privilege

1. of closing the debate, unless the previous question has been sustained.

1. Rule No. 124. Reserved.

1. Bills which have passed both Houses of the Legislature and are

1. transmitted to the Assembly accompanied by a message or statement of the

1. considered immediately upon the coming in of the message transmitting the

1. acted upon save as provided by law and custom; that is to say, that

1. immediately following such reading the only question (except as hereinafter

1. notwithstanding the objections of the Governor?" It shall not be in order, at

1. been read, from the first word of its title to and including the last word of its

1. the Speaker has stated the question, save a motion to adjourn or a motion

1. for the previous question, but the merits of the bill itself may be debated.

1. The message or statement containing the objections of the Governor to the

1. consideration of a vetoed bill, and the objections of the Governor thereto,

1. shall be a privileged question, and shall take precedence over all others.

1. Rule No. 127. Reserved.

The next rule is 140.

IX. LEGISLATIVE INVESTIGATIONS AND MISCELLANEOUS

1. Rule No. 140. Compensation of Witnesses.

1. Witnesses summoned to appear before the Assembly or any of its

1. required to attend in the courts of the State of Nevada.

The Assembly Chamber shall not be used for any public or private

business other than legislative, except by permission of the Assembly.

~