Nevada § 41.071 - Legislative privilege and immunity for State Legislators

§ 41.071. Legislative privilege and immunity for State Legislators

1. The Legislature hereby finds and declares that: (a) The Framers of the Nevada Constitution created a system of checks and balances

so that the constitutional powers separately vested in the Legislative, Executive

and Judicial Departments of State Government may be exercised without intrusion from

the other Departments. (b) As part of the system of checks and balances, the constitutional doctrines of

separation of powers and legislative privilege and immunity facilitate the autonomy

of the Legislative Department by curtailing intrusions by the Executive or Judicial

Department into the sphere of legitimate legislative activities. (c) The constitutional doctrines of separation of powers and legislative privilege

and immunity protect State Legislators from having to defend themselves, from being

held liable and from being questioned or sanctioned in administrative or judicial

proceedings for speech, debate, deliberation and other actions performed within the

sphere of legitimate legislative activity. (d) Under the constitutional doctrines of separation of powers and legislative privilege

and immunity, State Legislators must not be hindered or obstructed by executive or

judicial oversight that realistically threatens to control their conduct as Legislators. (e) Under the constitutional doctrines of separation of powers and legislative privilege

and immunity, State Legislators must be free to represent the interests of their constituents

with assurance that they will not later be called to task for that representation

by the other branches of government. (f) Under the constitutional doctrines of separation of powers and legislative privilege

and immunity, State Legislators must not be questioned or sanctioned by the other

branches of government for their actions in carrying out their core or essential legislative

functions. (g) Under the constitutional doctrines of separation of powers and legislative privilege

and immunity, the only governmental entity that may question or sanction a State Legislator

for any actions taken within the sphere of legitimate legislative activity is the

Legislator's own House pursuant to Section 6 of Article 4 of the Nevada Constitution . (h) Therefore, the purpose and effect of this section is to implement the constitutional

doctrines of separation of powers and legislative privilege and immunity by codifying

in statutory form the constitutional right of State Legislators to be protected from

having to defend themselves, from being held liable and from being questioned or sanctioned

in administrative or judicial proceedings for speech, debate, deliberation and other

actions performed within the sphere of legitimate legislative activity. 2. For any speech or debate in either House, a State Legislator shall not be questioned

in any other place. 3. In interpreting and applying the provisions of this section, the interpretation

and application given to the constitutional doctrines of separation of powers and

legislative privilege and immunity under the Speech or Debate Clause of Section 6

of Article I of the Constitution of the United States must be considered to be persuasive authority. 4. The rights, privileges and immunities recognized by this section are in addition

to any other rights, privileges and immunities recognized by law. 5. This section applies to any actions, in any form, taken or performed within the

sphere of legitimate legislative activity, whether or not the Legislature is in a

regular or special session, and such actions include, without limitation: (a) Any actions, in any form, taken or performed with regard to any legislative measure

or other matter within the jurisdiction of the Legislature, including, without limitation,

conceiving, formulating, investigating, developing, requesting, drafting, introducing,

sponsoring, processing, reviewing, revising, amending, communicating, discussing,

debating, negotiating, allying, caucusing, meeting, considering, supporting, advocating,

approving, opposing, blocking, disapproving or voting in any form. (b) Any actions, in any form, taken or performed with regard to any legislative investigation,

study, inquiry or information-gathering concerning any legislative measure or other

matter within the jurisdiction of the Legislature, including, without limitation,

chairing or serving on a committee, preparing committee reports or other documents,

issuing subpoenas or conducting disciplinary or impeachment proceedings. (c) Any actions, in any form, taken or performed with regard to requesting, seeking

or obtaining any form of aid, assistance, counsel or services from any officer or

employee of the Legislature concerning any legislative measure or other matter within

the jurisdiction of the Legislature, including, without limitation, any communications,

information, answers, advice, opinions, recommendations, drafts, documents, records,

questions, inquiries or requests in any form. 6. The provisions of subsection 5: (a) Are intended to be illustrative; (b) Are not intended to be exhaustive or exclusive; and (c) Must not be interpreted as a limitation or restriction on the constitutional doctrines

of separation of powers and legislative privilege and immunity. 7. As used in this section: (a) “ Any form ” includes, without limitation, any oral, written, audio, visual, digital or electronic

form. (b) “ Legislative measure ” means any existing, suggested, proposed or pending bill, resolution, law, statute,

ballot question, initiative, referendum or other legislative or constitutional measure. (c) “ Legislature ” means: (1) The Legislature or either House; (2) Any committee of either House; (3) Any joint committee of both Houses; or (4) Any other committee, subcommittee, commission, agency or entity created or authorized

by the Legislature to perform legislative functions at the direction of the Legislature,

including, without limitation, the Legislative Commission, the Legislative Counsel

Bureau or any other agency or entity of the Legislative Department of State Government. (d) “ State Legislator ” or “ Legislator ” means: (1) Any current or former member of the Senate or Assembly of the State of Nevada;

or (2) Any other person who takes or performs any actions within the sphere of legitimate

legislative activity that would be protected if taken or performed by any member of

the Senate or Assembly, including, without limitation, any such actions taken or performed

by any current or former officer or employee of the Legislature.