Assembly Resolution No. 2–Assemblyman Perkins

 

June 14, 2001

____________

 

Read and Adopted

 

SUMMARY—Adopts Rules of Assembly for 17th Special Session of Legislature. (BDR R‑33)

 

~

 

EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted.

 

Assembly RESOLUTION—Adopting the Rules of the Assembly for the 17th Special Session of the Legislature.

 

1-1    Resolved by the Assembly of the State of Nevada, That the

1-2  following Rules of the Assembly for the 17th Special Session of the

1-3  Legislature are hereby adopted:

 

1-4  I.  APPLICABILITY

 

1-5  Rule No. 1.  Generally

1-6    The Rules of the Assembly for the 17th Special Session of the

1-7  Legislature are applicable only during the 17th Special Session of the

1-8  Legislature.

 

1-9  II.  OFFICERS AND EMPLOYEES

1-10  Duties of Officers

 

1-11  Rule No. 2. Speaker of the Assembly.

1-12    1.  All officers of the Assembly are subordinate to the Speaker in all

1-13  that relates to the prompt, efficient and correct discharge of their official

1-14  duties under the Speaker’s supervision.

1-15    2.  Possessing the powers and performing the duties described in this

1-16  rule, the Speaker shall:

1-17    (a) Take the chair at the hour to which the Assembly will be meeting,

1-18  call the members to order, and upon the appearance of a quorum,

1-19  proceed to business.

1-20    (b) Preserve order and decorum and have general direction of the

1-21  chamber of the Assembly and the approaches thereto. In the event of any

1-22  disturbance or disorderly conduct therein, order the same to be cleared.

1-23    (c) Decide all questions of order, subject to a member’s right to appeal

1-24  to the Assembly. On appeal from such decisions, the Speaker has the

1-25  right, in the Speaker’s place, to assign the reason for the decision.

2-1    (d) Have the right to name any member to perform the duties of the

2-2  chair, but such substitution must not extend beyond one legislative day.

2-3    (e) When the Assembly resolves itself into Committee of the Whole,

2-4  name a chairman to preside thereover and call him to the chair.

2-5    (f) Have the power to accredit the persons who act as representatives

2-6  of the news media and assign them seats.

2-7    (g) Sign all bills and resolutions passed by the Legislature as provided

2-8  by law.

2-9    (h) Sign all subpoenas issued by the Assembly.

2-10    (i) Receive all messages and communications from other departments

2-11  of the government and announce them to the Assembly.

2-12    (j) Represent the Assembly, declare its will and in all things obey its

2-13  commands.

2-14    (k) Vote on final passage of a bill or resolution, but the Speaker shall

2-15  not be required to vote in ordinary legislative proceedings except where

2-16  the Speaker’s vote would be decisive. In all yea and nay votes, the

2-17  Speaker’s name must be called last.

2-18    3.  If a vacancy occurs in the office of Speaker, through death,

2-19  resignation or disability of the Speaker, the Speaker pro Tempore shall

2-20  temporarily and for the period of vacancy or disability conduct the

2-21  necessary business of the Assembly.

2-22    4.  If a permanent vacancy occurs in the office of Speaker, the

2-23  Assembly shall select a new Speaker.

 

2-24  III.  SESSIONS AND MEETINGS

 

2-25  Rule No. 3.  Open Meetings.

2-26    All meetings of the Assembly and the Committee of the Wholemust be

2-27  open to the public.

 

2-28  IV.  DECORUM AND DEBATE

 

2-29  Rule No. 4.  Points of Order.

2-30    If any member, in speaking or otherwise, transgresses the rules of the

2-31  Assembly, the Speaker shall, or any member may, call to order, in which

2-32  case the member so called to order shall immediately sit down, unless

2-33  permitted to explain; and if called to order by a member, such member

2-34  shall immediately state the point of order. If the point of order be

2-35  sustained by the presiding officer, the member shall not be allowed to

2-36  proceed; but if it be not sustained, then he shall be permitted to go on.

2-37  Every such decision from the presiding officer shall be subject to an

2-38  appeal to the House; but no discussion of the question of order shall be

2-39  allowed unless an appeal be taken from the decision of the presiding

2-40  officer.

 

2-41  Rule No. 5.  Portable electronic communication devices.

2-42    1.  A person who is within the Assembly Chambers shall not engage

2-43  in a telephone conversation via the use of a portable telephone.

3-1    2.  Before entering the Assembly Chambers, any person who

3-2  possesses a portable electronic communication device, such as a pager or

3-3  telephone, that emits an audible alert, such as a ringing or beeping

3-4  sound, to signal an incoming message or call shall turn the audible alert

3-5  off. A device that contains a nonaudible alert, such as a silent vibration,

3-6  may be operated in a nonaudible manner within the Assembly Chambers.

 

3-7  V.  QUORUM, VOTING, ELECTIONS

 

3-8  Rule No. 6.  Manner of Voting.

3-9    1.  The presiding officer shall declare all votes, but the yeas and nays

3-10  must be taken when called for by three members present, and the names

3-11  of those calling for the yeas and nays must be entered in the Journal by

3-12  the Chief Clerk.

3-13    2.  The presiding officer shall call for yeas and nays by a division or

3-14  by a roll call, either electronic or oral.

3-15    3.  When taking the yeas and nays on any question, the electronic roll

3-16  call system may be used, and when so used shall have the force and effect

3-17  of any roll call under these rules.

3-18    4.  When taking the yeas and nays by oral roll call, the Chief Clerk

3-19  shall take the names of members alphabetically, except that the

3-20  Speaker’s name must be called last.

3-21    5.  The electronic roll call system may be used to determine the

3-22  presence of a quorum.

3-23    6.  The yeas and nays must not be taken with the electronic roll call

3-24  system until all members present are at their desks. The presiding officer

3-25  may vote at the rostrum.

3-26    7.  Only a memberwho is physically present within the Assembly

3-27  Chambers may cast a vote in the Assembly.

3-28    8. A member shall not vote for another member on any roll call,

3-29  either electronic or oral. Any member who votes for another member

3-30  may be punished in any manner deemed appropriate by the Assembly.

 

3-31  Rule No. 7.  Announcement of the Vote.

3-32    1.  A member may change his vote at any time before the

3-33  announcement of the vote if the voting is by voice, or at any time before

3-34  the votes are electronically recorded if the voting is conducted

3-35  electronically.

3-36    2.  The announcement of the result of any vote shall not be

3-37  postponed.

 

3-38  Rule No. 8.  Voting by Division.

3-39    Upon a division and count of the Assembly on any question, no person

3-40  without the bar shall be counted.

 

 

 

 

 

4-1  VI.  LEGISLATIVEBODIES

 

4-2  Rule No. 9.  Committee of the Whole.

4-3    1.  All bills and resolutions may be referred to the Committee of the

4-4  Whole.

4-5    2.  At any stage in the proceedings of the Committee of the Whole, a

4-6  member of the committee may speak only once on the question under

4-7  consideration, for a period of not more than 10 minutes, unless he is

4-8  granted leave of the chairman to speak more than once. If a member is

4-9  granted leave to speak more than once, the chairman may limit the

4-10  length of time that member may speak.

4-11    3.  All amendments proposed by the Committee of the Whole must

4-12  first be approved by a majority of the members of the Senate and a

4-13  majority of the members of the Assembly appointed to the Joint Rules

4-14  Committee for the 17th Special Session of the Legislature.

 

4-15  VII.  RULES GOVERNING MOTIONS

 

4-16  Rule No. 10.  Entertaining.

4-17    No motion may be debated until it is distinctly announced by the

4-18  presiding officer. If desired by the presiding officer or any member, the

4-19  motion must be reduced to writing and be read by the Chief Clerk before

4-20  the motion is debated. A motion may be withdrawn by the maker at any

4-21  time before amendment or before the motion is put to vote.

 

4-22  Particular Motions

 

4-23  Rule No. 11.  Indefinite Postponement.

4-24    When a question is postponed indefinitely, the same question must not

4-25  be considered again during the special session and the question is not

4-26  subject to a motion for reconsideration.

 

4-27  Rule No. 12.  To Strike Enacting Clause.

4-28    A motion to strike out the enacting clause of a bill or resolution does

4-29  not take precedence over any other subsidiary motion. If the motion is

4-30  carried, it shall be considered equivalent to the rejection of such bill or

4-31  resolution.

 

4-32  Rule No. 13.  Division of Question.

4-33    Any member may call for a division of the question, which shall be

4-34  divided, if it comprehends propositions in substance so distinct that, one

4-35  being taken away, a substantive proposition shall remain for the decision

4-36  of the Assembly. A motion to strike out being lost shall preclude neither

4-37  amendment nor a motion to strike out and insert. A motion to strike out

4-38  and insert shall be deemed indivisible.

 

4-39  Rule No. 14.  To Reconsider.

4-40    No motion to reconsider a vote is in order.

 

5-1  VIII.  DEBATE

 

5-2  Rule No. 15.  Speaking on Question.

5-3    No member shall speak more than twice during the consideration of

5-4  any one question, on the same day, and at the same stage of proceedings,

5-5  without leave. Members who have once spoken shall not again be entitled

5-6  to the floor (except for explanation) to the exclusion of others who have

5-7  not spoken.

 

5-8  Rule No. 16.  Previous Question.

5-9    The previous question shall be put only when demanded by three

5-10  members. The previous question shall not be moved by the member last

5-11  speaking on the question.

 

5-12  Rule No. 17.  Privilege of Closing Debate.

5-13    The author of a bill, a resolution or a main question shall have the

5-14  privilege of closing the debate, unless the previous question has been

5-15  sustained.

 

5-16  IX.  CONDUCT OF BUSINESS

 

5-17  A.  Rules and Procedure

 

5-18  Rule No. 18.  Mason’s Manual.

5-19    The rules of parliamentary practice contained in Mason’s Manual of

5-20  Legislative Procedure shall govern the Assembly in all cases in which

5-21  they are applicable and in which they are not inconsistent with the Rules

5-22  and orders of the Assembly for the 17th Special Session of the

5-23  Legislature, and the Joint Rules of the Senate and Assembly for the 17th

5-24  Special Session of the Legislature.

 

5-25  Rule No. 19.  Rescission, Change or Suspension of Rule.

5-26    No rule or order of the Assembly for the 17th Special Session of the

5-27  Legislature shall be rescinded or changed without a vote of two-thirds of

5-28  the members elected, and one day’s notice being given of the motion

5-29  therefor; but a rule or order may be suspended temporarily by a vote of

5-30  two-thirds of the members present.

 

5-31  Rule No. 20.  Privilege of the Floor and Lobbying.

5-32    No person, except Senators, former Assemblymen and state officers,

5-33  may be admitted at the bar of the Assembly, except by special invitation

5-34  on the part of some member; but a majority may authorize the Speaker to

5-35  have the Assembly cleared of all such persons. No person may do any

5-36  lobbying upon the floor of the Assembly at any time, and it is the duty of

5-37  the Sergeant at Arms to remove any person violating any of the

5-38  provisions of this rule.

 

 

 

6-1  Rule No. 21.  Material Placed on Legislators’ Desks.

6-2    All papers, letters, notes, pamphlets and other written material placed

6-3  upon an Assemblyman’s desk shall contain the signature of the

6-4  Legislator requesting the placement of such material on the desk or shall

6-5  contain a designation of the origin of such material. This rule does not

6-6  apply to books containing the legislative bills and resolutions, the

6-7  legislative daily histories, the legislative daily journals or Legislative

6-8  Counsel Bureau material.

 

6-9  Rule No. 22.  Peddling, Begging and Soliciting.

6-10    1. Peddling, begging and soliciting are strictly forbidden in the

6-11  Assembly Chamber, and in the lobby, gallery and halls adjacent thereto.

6-12    2. No part of the Assembly Chamber may be used for, or occupied by

6-13  signs or other devices for any kind of advertising.

6-14    3.  No part of the hallways adjacent to the Assembly Chambers may

6-15  be used for or occupied by signs or other devices for any kind of

6-16  advertising for commercial or personal gain. Notices for nonprofit,

6-17  nonpartisan, civic or special legislative events may be posted in a

6-18  designated area of the hallways adjacent to the Assembly Chambers with

6-19  the approval of the Chief Clerk.

 

6-20  Rule No. 23.  Petitions and Memorials.

6-21    Petitions, memorials and other papers addressed to the Assembly, shall

6-22  be presented by the Speaker, or by a member in the Speaker’s place. A

6-23  brief statement of the contents thereof shall be made by the introducer.

6-24  They shall not be debated on the day of their being presented, but shall

6-25  be on the table, or be referred, as the Assembly shall determine.

 

6-26  Rule No. 24.  Request of Purpose.

6-27    A member may request the purpose of a bill or joint resolution upon its

6-28  introduction.

 

6-29  Rule No. 25.  Remarks.

6-30    It shall be in order for members to make remarks and to have such

6-31  remarks entered in the Journal.

 

6-32  Rule No. 26.  Precedence of Parliamentary Authority.

6-33    The precedence of parliamentary authority in the Assembly is:

6-34    1.  The Constitution of the State of Nevada.

6-35    2.  The Statutes of the State of Nevada.

6-36    3.  The Rules of the Assembly for the 17th Special Session of the

6-37  Legislature and the Joint Rules of the Senate and Assembly for the 17th

6-38  Special Session of the Legislature.

6-39    4.  Mason’s Manual of Legislative Procedure.

 

6-40  Rule No. 27.  Privileged Questions.

6-41    Privileged questions have precedence of all others in the following

6-42  order:

6-43    1.  Motions to fix the time to which the Assembly shall adjourn.

7-1    2.  Motions to adjourn.

7-2    3.  Questions relating to the rights and privileges of the Assembly or

7-3  any of its members.

7-4    4.  A call of the House.

7-5    5.  Motions for special orders.

 

7-6  B.  Bills

 

7-7  Rule No. 28.  Substitute Bills.

7-8    A substitute bill shall be deemed and held to be an amendment, and

7-9  treated in all respects as such. However, a substitute bill may be amended

7-10  after its adoption, in the same manner as if it were an original bill.

 

7-11  Rule No. 29.  Skeleton Bills.

7-12    The introduction of skeleton bills is not authorized.

 

7-13  Rule No. 30.  Reading of Bills.

7-14    The presiding officer shall announce at each reading of a bill whether

7-15  it be the first, second or third reading. The first reading of a bill shall be

7-16  for information. If there is objection, the question shall be, “Shall the bill

7-17  be rejected?” If the question to reject fails to receive a majority vote by

7-18  the members present, or if there is no objection, the bill shall take the

7-19  proper course. No bill shall be referred to the Committee of the Whole

7-20  until after the first reading, nor amended until after the second reading.

 

7-21  Rule No. 31.  Second Reading and Amendment of Bills.

7-22    1.  All bills must be read the second time after which they are

7-23  reported by the Committee of the Whole. Upon second reading, Assembly

7-24  bills reported without amendments shall be placed on the General File

7-25  and Senate bills reported without amendments shall be placed on the

7-26  General File.Amendments proposed by the Committee of the Whole and

7-27  reported with bills shall be considered upon their second reading, and

7-28  such amendments may be adopted by a majority vote of the members

7-29  present. Any amendment which is numbered, copied and made available

7-30  to all members must be moved and voted upon by number unless any

7-31  member moves that it be read in full. Assembly bills so amended must be

7-32  reprinted, engrossed, and placed on the General File. Senate bills so

7-33  amended must be reprinted, then engrossed or reengrossed, as

7-34  applicable, and placed on the General File.

7-35    2.  Any member may move to amend a bill during its second or third

7-36  reading if the amendment is first approved by a majority of the members

7-37  of the Senate and a majority of the members of the Assembly appointed

7-38  to the Joint Rules Committee for the 17th Special Session of the

7-39  Legislature, and such a motion to amend may be adopted by a majority

7-40  vote of the members present. Bills so amended on second reading must be

7-41  treated the same as bills with amendments proposed by the Committee of

7-42  the Whole. Any bill so amended upon the General File must be reprinted

7-43  and then engrossed or reengrossed, as applicable.

8-1    3.  The reprinting of amended bills may be dispensed with only in

8-2  accordance with the provisions of law.

 

8-3  Rule No. 32.  Consent Calendar.

8-4    1.  The Committee of the Wholemay by unanimous vote of the

8-5  members present report a bill with the recommendation that it be placed

8-6  on the consent calendar. The question of recommending a bill for the

8-7  consent calendar may be voted upon in committee only after the bill has

8-8  been recommended for passage and only if no amendment is

8-9  recommended.

8-10    2.  The Chief Clerk shall maintain a list of bills recommended for the

8-11  consent calendar. The list must be printed in the daily history and must

8-12  include the summary of each bill, and the date the bill is scheduled for

8-13  consideration on final passage.

8-14    3.  At any time before the presiding officer calls for a vote on the

8-15  passage of the consent calendar, a member may give written notice to the

8-16  Chief Clerk or state orally from the floor of the Assembly in session that

8-17  he requests the removal of a particular bill from the consent calendar. If

8-18  a member so requests, the Chief Clerk shall remove the bill from the

8-19  consent calendar and transfer it to the second reading file. A bill

8-20  removed from the consent calendar may not be restored to that calendar.

8-21    4.  During floor consideration of the consent calendar, members may

8-22  ask questions and offer explanations relating to the respective bills.

8-23    5.  When the consent calendar is brought to a vote, the bills

8-24  remaining on the consent calendar must be read by number and

8-25  summary and the vote must be taken on their final passage as a group.

 

8-26  Rule No. 33.  General File.

8-27    All bills reported to the Assembly, after receiving their second readings

8-28  must be placed upon a General File, to be kept by the Chief Clerk. Bills

8-29  mustbe taken from the General File and acted upon in the order in

8-30  which they were reported, unless otherwise specially ordered by the

8-31  Assembly. But engrossed bills shall be placed at the head of the file, in

8-32  the order in which they are received. The Chief Clerk shall post a daily

8-33  statement of the bills on the General File, setting forth the order in which

8-34  they are filed, and specifying the alterations arising from the disposal of

8-35  business each day. The Chief Clerk shall likewise post notices of special

8-36  orders as made.

 

8-37  C.  Resolutions

 

8-38  Rule No. 34.  Treated as Bills—Joint Resolutions.

8-39    The procedure of enacting joint resolutions must be identical to that of

8-40  enacting bills. However, joint resolutions proposing amendments to the

8-41  Constitution must be entered in the Journal in their entirety.

 

 

 

 

9-1  D.  Order of Business

 

9-2  Rule No. 35.  Order of Business.

9-3    The Order of Business must be as follows:

9-4    1.  Call to Order.

9-5    2.  Reading and Approval of Journal.

9-6    3.  Presentation of Petitions.

9-7    4.  Reports of the Committee of the Whole.

9-8    5.   [Reserved.]

9-9    6.  Communications.

9-10    7.  Messages from the Senate.

9-11    8.  Motions, Resolutions and Notices.

9-12    9.  Introduction, First Reading and Reference.

9-13    10.  Consent Calendar.

9-14    11.  Second Reading and Amendment.

9-15    12.  General File and Third Reading.

9-16    13.  Unfinished Business of Preceding Day.

9-17    14.  Special Orders of the Day.

9-18    15.  Remarks from the Floor, limited to 10 minutes.

 

9-19  X.  MISCELLANEOUS

 

9-20  Rule No. 36.  Use of the Assembly Chamber.

9-21    The Assembly Chamber shall not be used for any public or private

9-22  business other than legislative, except by permission of the Assembly.

 

9-23  H