Nevada Code § 41.071

Legislative privilege and immunity for State Legislators
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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
Legislators 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.

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