Senate Resolution No. 1–Senator Raggio

 

June 14, 2001

____________

 

Read and Adopted

 

SUMMARY—Adopts Rules of Senate for 17th Special Session of Legislature. (BDR R‑32)

 

~

 

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

 

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

 

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

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

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

 

1-8  II.  OFFICERS AND EMPLOYEES

1-9  Duties of Officers

 

1-10  Rule No. 2. President.

1-11    The President shall take the chair and call the Senate to order

1-12  precisely at the hour appointed for meeting. He shall preserve order and

1-13  decorum, and in case of any disturbance or disorderly conduct within the

1-14  Senate Chamber, shall order the Sergeant at Arms to suppress it, and

1-15  may order the arrest of any person creating any disturbance within the

1-16  Senate Chamber. He may speak to points of order in preference to

1-17  members, rising from his seat for that purpose, and shall decide

1-18  questions of order without debate, subject to an appeal to the Senate by

1-19  two members, on which appeal no member may speak more than once

1-20  without leave of the Senate. He shall sign all acts, addresses and joint

1-21  resolutions, and all writs, warrants and subpoenas issued by order of the

1-22  Senate; all of which must be attested by the Secretary. He has general

1-23  direction of the Senate Chamber.

 

 

 

2-1  Rule No. 3. President pro Tem.

2-2    The President pro Tem has all the power and shall discharge all the

2-3  duties of the President during his absence or inability to discharge the

2-4  duties of his office. In the absence or inability of the President pro Tem

2-5  to discharge the duties of the President’s office, the Senate shall elect one

2-6  of its members as the presiding officer for that occasion.

 

2-7  Rule No. 4. Secretary.

2-8    1.  The Secretary of the Senate is elected by the Senate, and shall:

2-9    (a) Interview and recommend persons to be considered for

2-10  employment to assist the Secretary.

2-11    (b) See that these employees perform their respective duties.

2-12    (c) Administer the daily business of the Senate, including the

2-13  provision of secretaries as needed.

2-14    (d) Unless otherwise ordered by the Senate, transmit as soon as

2-15  practicable those bills and resolutions upon which the next action is to be

2-16  taken by the Assembly.

2-17    2.  The Secretary is responsible to the Majority Leader.

 

2-18  Rule No. 5. Sergeant at Arms.

2-19    1.  The Sergeant at Arms shall attend the Senate during its sittings,

2-20  and execute its commands and all process issued by its authority. He

2-21  must be sworn to keep the secrets of the Senate.

2-22    2.  The Sergeant at Arms shall:

2-23    (a) Superintend the upkeep of the Senate’s Chamber, private lounge,

2-24  and meeting rooms.

2-25    (b) Interview and recommend persons to be considered for

2-26  employment to assist the Sergeant at Arms.

2-27    3.  The Sergeant at Arms is responsible to the Majority Leader.

 

2-28  Rule No. 6. Assistant Sergeant at Arms.

2-29    The Assistant Sergeant at Arms shall be doorkeeper and shall preserve

2-30  order in the Senate Chamber and shall assist the Sergeant at Arms. He

2-31  shall be sworn to keep the secrets of the Senate.

 

2-32  III.  SESSIONS AND MEETINGS

 

2-33  Rule No. 7. Call of Senate—Moved by Three Members.

2-34    A Call of the Senate may be moved by three Senators, and if carried by

2-35  a majority of all present, the Secretary shall call the roll and note the

2-36  absentees, after which the names of the absentees shall again be called

2-37  over. The doors shall then be closed and the Sergeant at Arms directed to

2-38  take into custody all who may be absent without leave, and all Senators

2-39  so taken into custody shall be presented at the bar of the Senate for such

2-40  action as to the Senate may seem proper.

 

 

 

 

3-1  Rule No. 8. Absence—Leave Required.

3-2    No Senator shall absent himself from the service of the Senate without

3-3  leave, except in case of accident or sickness, and if any Senator or officer

3-4  shall so absent himself his per diem shall not be allowed him.

 

3-5  Rule No.  9. Open Meetings.

3-6    1.  Except as provided in the Constitution of the State of Nevada and

3-7  in subsection 2 of this rule, all meetings of the Senate and the Committee

3-8  of the Whole must be open to the public.

3-9    2.  A meeting may be closed to consider the character, alleged

3-10  misconduct, professional competence, or physical or mental health of a

3-11  person.

 

3-12  IV.  DECORUMAND DEBATE

 

3-13  Rule No. 10. Points of Order.

3-14    1.  If any Senator, in speaking or otherwise, transgresses the rules of

3-15  the Senate, the President shall, or any Senator may, call him to order. If

3-16  a Senator is so called to order, he shall not proceed without leave of the

3-17  Senate. If such leave is granted, it must be upon the motion, “That he be

3-18  allowed to proceed in order,” and the Senator shall confine himself to the

3-19  question under consideration and avoid personality.

3-20    2.  Every decision of points of order made by the President is subject

3-21  to appeal, and a discussion of a question of order may be allowed only

3-22  upon the appeal of two Senators. In all cases of appeal, the question must

3-23  be, “Shall the decision of the Chair stand as the judgment of the

3-24  Senate?”

 

3-25  Rule No. 11. Breaches of Decorum.

3-26    1.  In cases of breaches of decorum or propriety, any Senator, officer

3-27  or other person is liable to such censure or punishment as the Senate

3-28  may deem proper.

3-29    2.  If any Senator is called to order for offensive or indecorous

3-30  language or conduct, the person calling him to order shall report the

3-31  offensive or indecorous language or conduct to the presiding officer. No

3-32  member may be held to answer for any language used on the floor of the

3-33  Senate if business has intervened before exception to the language was

3-34  taken.

3-35    3.  Indecorous conduct or boisterous or unbecoming language is not

3-36  permitted in the Senate Chamber.

 

3-37  V.  QUORUM, VOTING, ELECTIONS

 

3-38  Rule No. 12. Recorded Vote—Three Required to Call For.

3-39    1.  A recorded vote must be taken upon final passage of a bill or joint

3-40  resolution, and in any other case when called for by three members.

3-41  Every Senator within the bar of the Senate shall vote “aye” or “no” or

3-42  record himself as “not voting,” unless excused by unanimous vote of the

3-43  Senate.

4-1    2.  The votes and names of those absent or recorded as “not voting”

4-2  and the names of Senators demanding the recorded vote must be entered

4-3  in the Journal.

 

4-4  Rule No. 13. President to Decide—Tie Vote.

4-5    A question is lost by a tie vote, but when the Senate is equally divided

4-6  on any question except the passage of a bill or joint resolution, the

4-7  President may give the deciding vote.

 

4-8  Rule No. 14. Manner of Election—Voting.

4-9    1.  In all cases of election by the Senate, the vote must be taken viva

4-10  voce. In other cases, if a vote is to be recorded, it may be taken by oral

4-11  roll-call or by electronic recording.

4-12    2.  When a recorded vote is taken, no Senator may:

4-13    (a) Vote except when at his seat;

4-14    (b) Vote upon any question in which he is in any way personally or

4-15  directly interested;

4-16    (c) Explain his vote or discuss the question while the voting is in

4-17  progress; or

4-18    (d) Change his vote after the result is announced.

4-19    3.  The announcement of the result of any vote must not be

4-20  postponed.

 

4-21  VI.  LEGISLATIVE BODIES

 

4-22  Rule No. 15. Committee of the Whole.

4-23    1.  All bills and resolutions may be referred to the Committee of the

4-24  Whole.

4-25    2.  In forming the Committee of the Whole, the Majority Leader shall

4-26  name a chairman to preside.

4-27    3.  At any stage in the proceedings of the Committee of the Whole, a

4-28  member of the committee may speak only once on the question under

4-29  consideration, for a period of not more than 10 minutes, unless he is

4-30  granted leave of the chairman to speak more than once. If a member is

4-31  granted leave to speak more than once, the chairman may limit the

4-32  length of time that member may speak.

4-33    4.  All amendments proposed by the committee:

4-34    (a) Must first be approved by a majority of the members of the Senate

4-35  and a majority of the members of the Assembly appointed to the Joint

4-36  Rules Committee for the 17th Special Session of the Legislature.

4-37    (b) Must be reported by the chairman to the Senate.

 

4-38  Rule No. 16. Rules Applicable to Committee of the Whole.

4-39    The Rules of the Senate shall apply to proceedings in Committee of the

4-40  Whole, except that the previous question shall not be ordered, nor the

4-41  ayes and noes demanded. Messages may be received by the President

4-42  while the committee is sitting; in which case the President will resume

4-43  the chair, receive the message, and vacate the chair in favor of the

4-44  chairman of the committee.

5-1  Rule No. 17. Motion to Rise Committee of the Whole.

5-2    A motion that the committee rise shall always be in order, and shall be

5-3  decided without debate.

 

5-4  VII.  RULES GOVERNING MOTIONS

 

5-5  A.  Motions Generally

 

5-6  Rule No. 18. Entertaining.

5-7    1.  No motion may be debated until it is announced by the President.

5-8    2.  By consent of the Senate, a motion may be withdrawn before

5-9  amendment or decision.

 

5-10  Rule No. 19. Precedence of Motions.

5-11    When a question is under debate no motion shall be received but the

5-12  following, which shall have precedence in the order named:

5-13    1.  To adjourn.

5-14    2.  For a call of the Senate.

5-15    3.  To lay on the table.

5-16    4.  For the previous question.

5-17    5.  To postpone to a day certain.

5-18    6.  To commit.

5-19    7.  To amend.

5-20    8.  To postpone indefinitely.

5-21    The first four shall be decided without debate.

 

5-22  Rule No. 20. When Not Entertained.

5-23    1.  When a motion to commit, to postpone to a day certain, or to

5-24  postpone indefinitely has been decided, it must not be again entertained

5-25  on the same day.

5-26    2.  When a question has been postponed indefinitely, it must not

5-27  again be introduced during the special session unless this rule is

5-28  suspended by a two-thirds vote.

5-29    3.  There must be no reconsideration of a vote on a motion to

5-30  postpone indefinitely.

 

5-31  B.  Particular Motions

 

5-32  Rule No. 21. To Adjourn.

5-33    A motion to adjourn shall always be in order. The name of the Senator

5-34  moving to adjourn, and the time when the motion was made, shall be

5-35  entered in the Journal.

 

5-36  Rule No. 22. Lay on the Table.

5-37    A motion to lay on or take from the table shall be carried by a majority

5-38  vote.

 

 

 

6-1  Rule No. 23. To Strike Enacting Clause.

6-2    A motion to strike out the enacting clause of a bill or resolution has

6-3  precedence over a motion to commit or amend. If a motion to strike out

6-4  the enacting clause of a bill or resolution is carried, the bill or resolution

6-5  is rejected.

 

6-6  Rule No. 24. Division of Question.

6-7    1.  Any Senator may call for a division of a question.

6-8    2.  A question must be divided if it embraces subjects so distinct that if

6-9  one subject is taken away, a substantive proposition remains for the

6-10  decision of the Senate.

6-11    3.  A motion to strike out and insert must not be divided.

 

6-12  Rule No. 25. Explanation of Motion.

6-13    Whenever a Senator moves to change the usual disposition of a bill or

6-14  resolution, he shall describe the subject of the bill or resolution and state

6-15  the reasons for his requesting the change in the processing of the bill or

6-16  resolution.

6-17  VIII.  DEBATE

 

6-18  Rule No. 26. Speaking on Question.

6-19    1.  Every Senator who speaks shall, standing in his place, address

6-20  “Mr. or Madam President,” in a courteous manner, and shall confine

6-21  himself to the question before the Senate. When he has finished, he shall

6-22  sit down.

6-23    2.  No Senator may speak:

6-24    (a) More than twice during the consideration of any one question on

6-25  the same day, except for explanation.

6-26    (b) A second time without leave when others who have not spoken

6-27  desire the floor.

6-28    3.  Incidental and subsidiary questions arising during debate shall

6-29  not be considered the same question.

 

6-30  Rule No. 27. Previous Question.

6-31    The previous question shall not be put unless demanded by three

6-32  Senators, and it shall be in this form: “Shall the main question be now

6-33  put?” When sustained by a majority of Senators present it shall put an

6-34  end to all debate and bring the Senate to a vote on the question or

6-35  questions before it, and all incidental questions arising after the motion

6-36  was made shall be decided without debate. A person who is speaking on a

6-37  question shall not while he has the floor move to put that question.

 

6-38  IX.  CONDUCT OF BUSINESS

 

6-39  A.  Generally

 

6-40  Rule No. 28. Mason’s Manual.

6-41    The rules of parliamentary practice contained in Mason’s Manual of

6-42  Legislative Procedure shall govern the Senate in all cases in which they

7-1  are applicable and in which they are not inconsistent with the rules and

7-2  orders of the Senate for the 17th Special Session of the Legislature, and

7-3  the Joint Rules of the Senate and Assembly for the 17th Special Session

7-4  of the Legislature.

 

7-5  Rule No. 29. Suspension of Rule.

7-6    No rule or order of the Senate for the 17th Special Session of the

7-7  Legislature shall be rescinded or changed without a vote of two-thirds of

7-8  the Senate and one day’s notice of the motion therefor; but a rule or

7-9  order may be temporarily suspended for a special purpose by a vote of

7-10  two-thirds of the members present. When the suspension of a rule is

7-11  called for, and after due notice from the President no objection is offered,

7-12  he can announce the rule suspended and the Senate may proceed

7-13  accordingly; but this shall not apply to that portion of Senate Rule No. 37

7-14  of the 17th Special Session of the Legislature relating to the third

7-15  reading of bills, which cannot be suspended.

 

7-16  Rule No. 30. Protest.

7-17    Any Senator, or Senators, may protest against the action of the Senate

7-18  upon any question, and have such protest entered in the Journal.

 

7-19  Rule No. 31. Privilege of the Floor.

7-20    1.  To preserve decorum and facilitate the business of the Senate,

7-21  only the following persons may be present on the floor of the Senate

7-22  during formal sessions:

7-23    (a) State officers;

7-24    (b) Officers and members of the Senate;

7-25    (c) Employees of the Legislative Counsel Bureau;

7-26    (d) Attachés and employees of the Senate; and

7-27    (e) Members of the Assembly whose presence is required for the

7-28  transaction of business.

7-29    2.  Guests of Senators must be seated in a section of the upper or

7-30  lower gallery of the Senate Chamber to be specially designated by the

7-31  Sergeant at Arms. The Majority Leader may specify special occasions

7-32  when guests may be seated on the floor of the Senate with a Senator.

7-33    3.  A majority of Senators may authorize the President to have the

7-34  Senate Chamber cleared of all persons except Senators and officers of

7-35  the Senate.

7-36    4.  The Senate Chamber may not be used for any business other than

7-37  legislative business during a legislative session.

 

7-38  Rule No. 32. Material Placed on Legislators’ Desks.

7-39    1.  Only the Sergeant at Arms and officers and employees of the

7-40  Senate may place papers, letters, notes, pamphlets and other written

7-41  material upon a Senator’s desk. Such material must contain the name of

7-42  the Legislator requesting the placement of the material on the desk or a

7-43  designation of the origin of the material.

8-1    2.  This rule does not apply to books containing the legislative bills

8-2  and resolutions, the daily histories and daily journals of the Senate or

8-3  Assembly, or Legislative Counsel Bureau material.

 

8-4  Rule No. 33. Petitions and Memorials.

8-5    The contents of any petition or memorial shall be briefly stated by the

8-6  President or any Senator presenting it. It shall then lie on the table or be

8-7  referred, as the President or Senate may direct.

 

8-8  Rule No. 34. Objection to Reading of Paper.

8-9    Where the reading of any paper is called for, and is objected to by any

8-10  Senator, it shall be determined by a vote of the Senate, and without

8-11  debate.

 

8-12  Rule No. 35. Questions Relating to Priority of Business.

8-13    All questions relating to the priority of business shall be decided

8-14  without debate.

 

8-15  B.  Bills

 

8-16  Rule No. 36. Skeleton Bills.

8-17    Skeleton bills may not be introduced.

 

8-18  Rule No. 37. Reading of Bills.

8-19    1.  Every bill must receive three readings before its passage, unless, in

8-20  case of emergency, this rule is suspended by a two-thirds vote.

8-21    2.  The first reading of a bill is for information, and if there is

8-22  opposition to the bill, the question must be, “Shall this bill be rejected?”

8-23  If there is no opposition to the bill, or if the question to reject is defeated,

8-24  the bill must then take the usual course.

8-25    3.  No bill may be committed until once read, nor amended until twice

8-26  read.

8-27    4.  The third reading of every bill must be by sections.

 

8-28  Rule No. 38. Second Reading File—Consent Calendar.

8-29    1.  All bills or joint resolutions reported by the Committee of the

8-30  Whole must be placed on a second reading file unless recommended for

8-31  placement on the consent calendar.

8-32    2.  The Committee of the Whole shall not recommend a bill or joint

8-33  resolution for placement on the consent calendar if:

8-34    (a) An amendment of the bill or joint resolution is recommended;

8-35    (b) It contains an appropriation;

8-36    (c) It requires a two-thirds vote of the Senate; or

8-37    (d) It is controversial in nature.

8-38    3.  A bill or joint resolution must be removed from the consent

8-39  calendar at the request of any Senator. A bill or joint resolution so

8-40  removed must be immediately placed on the second reading file for

8-41  consideration in the usual order of business.

9-1    4. When the consent calendar is called, the bills remaining on the

9-2  consent calendar must be read by number and summary, and the vote

9-3  must be taken on their final passage as a group.

 

9-4  Rule No. 39. Printing.

9-5    Five hundred copies of all bills and resolutions of general interest

9-6  must be printed for the use of the Senate and Assembly. Such other

9-7  matter must be printed as may be ordered by the Senate.

 

9-8  Rule No. 40. Reading of Bills—General File.

9-9    1.  Upon reading of bills on the second reading file, Senate and

9-10  Assembly bills reported without amendments must be placed on the

9-11  general file. Amendments proposed by the Committee of the Whole and

9-12  reported with bills must be considered upon their second reading and

9-13  such amendments may be adopted by a majority vote of the members

9-14  present. Bills so amended must be reprinted, engrossed or reengrossed,

9-15  and placed on the general file. The file must be posted in the Senate

9-16  Chamber and made available to members of the public each day by the

9-17  Secretary.

9-18    2.  Any member may move to amend a bill during its reading on the

9-19  second reading file or during its third reading if the amendment is first

9-20  approved by a majority of the members of the Senate and a majority of

9-21  the members of the Assembly appointed to the Joint Rules Committee for

9-22  the 17th Special Session of the Legislature, and the motion to amend may

9-23  be adopted by a majority vote of the members present. Bills so amended

9-24  on second reading must be treated the same as bills with amendments

9-25  proposed by the Committee of the Whole. Any bill so amended upon the

9-26  general file must be reprinted and engrossed or reengrossed.

9-27    3.  Unless otherwise ordered by the Senate, five hundred copies of all

9-28  amended bills must be printed.

 

9-29  Rule No. 41. Reconsideration of Vote on Bill.

9-30     No motion to reconsider a vote is in order.

 

9-31  C.  Resolutions

 

9-32  Rule No. 42. Treated as Bills.

9-33    Resolutions addressed to Congress, or to either House thereof, or to

9-34  the President of the United States, or the heads of any of the national

9-35  departments, or proposing amendments to the State Constitution are

9-36  subject, in all respects, to the foregoing rules governing the course of

9-37  bills. A joint resolution proposing an amendment to the constitution shall

9-38  be entered in the journal in its entirety.

 

9-39  Rule No. 43. Treated as Motions.

9-40    Resolutions, other than those referred to in Senate Rule No. 42 of the

9-41  17th Special Session of the Legislature, shall be treated as motions in all

9-42  proceedings of the Senate.

 

10-1  Rule No. 44.  Order of Business.

10-2    1.  Roll Call.

10-3    2.  Prayer and Pledge of Allegiance to the Flag.

10-4    3.  Reading and Approval of the Journal.

10-5    4. Reports of the Committee of the Whole.

10-6    5. Messages from the Governor.

10-7    6.  Messages from the Assembly.

10-8    7.  Communications.

10-9    8.  [Reserved.]

10-10  9.  Motions, Resolutions and Notices.

10-11  10.  Introduction, First Reading and Reference.

10-12  11.  Consent Calendar.

10-13  12.  Second Reading and Amendment.

10-14  13.  General File and Third Reading.

10-15  14.  Unfinished Business.

10-16  15.  Special Orders of the Day.

10-17  16.  Remarks from the Floor; Introduction of Guests.

 

10-18  Rule No. 45. Privilege.

10-19  Any Senator may rise and explain a matter personal to himself by

10-20  leave of the President, but he shall not discuss any pending question in

10-21  such explanation.

 

10-22  Rule No. 46. Preference to Speak.

10-23  When two or more Senators rise at the same time the President shall

10-24  name the one who may first speak—giving preference, when practicable,

10-25  to the mover or introducer of the subject under consideration.

 

10-26  Rule No. 47. Special Order.

10-27  The President shall call the Senate to order on the arrival of the time

10-28  fixed for the consideration of a special order, and announce that the

10-29  special order is before the Senate, which shall be considered, unless it be

10-30  postponed by a two-thirds vote, and any business before the Senate at the

10-31  time of the announcement of the special order shall go to Unfinished

10-32  Business.

 

10-33  H