Senate Resolution No. 1–Senator Raggio

 

FILE NUMBER..........

 

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

1-14   the 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.

 

1-24  Rule No. 3. President pro Tem.

1-25    The President pro Tem has all the power and shall discharge all the

1-26   duties of the President during his absence or inability to discharge the

1-27   duties of his office. In the absence or inability of the President pro Tem

1-28   to discharge the duties of the President’s office, the Senate shall elect

1-29   one of its members as the presiding officer for that occasion.

 

1-30  Rule No. 4. Secretary.

1-31    1.  The Secretary of the Senate is elected by the Senate, and shall:

1-32    (a) Interview and recommend persons to be considered for

1-33   employment to assist the Secretary.

1-34    (b) See that these employees perform their respective duties.

1-35    (c) Administer the daily business of the Senate, including the

1-36   provision of secretaries as needed.

1-37    (d) Unless otherwise ordered by the Senate, transmit as soon as

1-38   practicable those bills and resolutions upon which the next action is to

1-39   be taken by the Assembly.


2-1    2.  The Secretary is responsible to the Majority Leader.

 

2-2  Rule No. 5. Sergeant at Arms.

2-3    1.  The Sergeant at Arms shall attend the Senate during its sittings,

2-4   and execute its commands and all process issued by its authority. He

2-5   must be sworn to keep the secrets of the Senate.

2-6    2.  The Sergeant at Arms shall:

2-7    (a) Superintend the upkeep of the Senate’s Chamber, private lounge,

2-8   and meeting rooms.

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

2-10   employment to assist the Sergeant at Arms.

2-11    3.  The Sergeant at Arms is responsible to the Majority Leader.

 

2-12  Rule No. 6. Assistant Sergeant at Arms.

2-13    The Assistant Sergeant at Arms shall be doorkeeper and shall preserve

2-14   order in the Senate Chamber and shall assist the Sergeant at Arms. He

2-15   shall be sworn to keep the secrets of the Senate.

 

2-16  III.  SESSIONS AND MEETINGS

 

2-17  Rule No. 7. Call of Senate—Moved by Three Members.

2-18    A Call of the Senate may be moved by three Senators, and if carried by

2-19   a majority of all present, the Secretary shall call the roll and note the

2-20   absentees, after which the names of the absentees shall again be called

2-21   over. The doors shall then be closed and the Sergeant at Arms directed

2-22   to take into custody all who may be absent without leave, and all

2-23   Senators so taken into custody shall be presented at the bar of the Senate

2-24   for such action as to the Senate may seem proper.

 

2-25  Rule No. 8. Absence—Leave Required.

2-26    No Senator shall absent himself from the service of the Senate without

2-27   leave, except in case of accident or sickness, and if any Senator or

2-28   officer shall so absent himself his per diem shall not be allowed him.

 

2-29  Rule No.  9. Open Meetings.

2-30    1.  Except as provided in the Constitution of the State of Nevada and

2-31   in subsection 2 of this rule, all meetings of the Senate and the

2-32   Committee of the Whole must be open to the public.

2-33    2.  A meeting may be closed to consider the character, alleged

2-34   misconduct, professional competence, or physical or mental health of a

2-35   person.

 

2-36  IV.  DECORUMAND DEBATE

 

2-37  Rule No. 10. Points of Order.

2-38    1.  If any Senator, in speaking or otherwise, transgresses the rules of

2-39   the Senate, the President shall, or any Senator may, call him to order. If

2-40   a Senator is so called to order, he shall not proceed without leave of the

2-41   Senate. If such leave is granted, it must be upon the motion, “That he be


3-1  allowed to proceed in order,” and the Senator shall confine himself to the

3-2  question under consideration and avoid personality.

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

3-4   to appeal, and a discussion of a question of order may be allowed only

3-5   upon the appeal of two Senators. In all cases of appeal, the question

3-6   must be, “Shall the decision of the Chair stand as the judgment of the

3-7   Senate?”

 

3-8  Rule No. 11. Breaches of Decorum.

3-9    1.  In cases of breaches of decorum or propriety, any Senator, officer

3-10   or other person is liable to such censure or punishment as the Senate

3-11   may deem proper.

3-12    2.  If any Senator is called to order for offensive or indecorous

3-13   language or conduct, the person calling him to order shall report the

3-14   offensive or indecorous language or conduct to the presiding officer. No

3-15   member may be held to answer for any language used on the floor of the

3-16   Senate if business has intervened before exception to the language was

3-17   taken.

3-18    3.  Indecorous conduct or boisterous or unbecoming language is not

3-19   permitted in the Senate Chamber.

 

3-20  V.  QUORUM, VOTING, ELECTIONS

 

3-21  Rule No. 12. Recorded Vote—Three Required to Call For.

3-22    1.  A recorded vote must be taken upon final passage of a bill or joint

3-23   resolution, and in any other case when called for by three members.

3-24   Every Senator within the bar of the Senate shall vote “aye” or “no” or

3-25   record himself as “not voting,” unless excused by unanimous vote of the

3-26   Senate.

3-27    2.  The votes and names of those absent or recorded as “not voting”

3-28   and the names of Senators demanding the recorded vote must be entered

3-29   in the Journal.

 

3-30  Rule No. 13. President to Decide—Tie Vote.

3-31    A question is lost by a tie vote, but when the Senate is equally divided

3-32   on any question except the passage of a bill or joint resolution, the

3-33   President may give the deciding vote.

 

3-34  Rule No. 14. Manner of Election—Voting.

3-35    1.  In all cases of election by the Senate, the vote must be taken viva

3-36   voce. In other cases, if a vote is to be recorded, it may be taken by oral

3-37   roll-call or by electronic recording.

3-38    2.  When a recorded vote is taken, no Senator may:

3-39    (a) Vote except when at his seat;

3-40    (b) Vote upon any question in which he is in any way personally or

3-41   directly interested;

3-42    (c) Explain his vote or discuss the question while the voting is in

3-43   progress; or

3-44    (d) Change his vote after the result is announced.


4-1    3.  The announcement of the result of any vote must not be

4-2  postponed.

 

4-3  VI.  LEGISLATIVE BODIES

 

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

4-5    1.  All bills and resolutions may be referred to the Committee of the

4-6   Whole.

4-7    2.  In forming the Committee of the Whole, the Majority Leader shall

4-8   name a chairman to preside.

4-9    3.  At any stage in the proceedings of the Committee of the Whole, a

4-10   member of the committee may speak only once on the question under

4-11   consideration, for a period of not more than 10 minutes, unless he is

4-12   granted leave of the chairman to speak more than once. If a member is

4-13   granted leave to speak more than once, the chairman may limit the

4-14   length of time that member may speak.

4-15    4.  All amendments proposed by the committee:

4-16    (a) Must first be approved by a majority of the members of the Senate

4-17   and a majority of the members of the Assembly appointed to the Joint

4-18   Rules Committee for the 17th Special Session of the Legislature.

4-19    (b) Must be reported by the chairman to the Senate.

 

4-20  Rule No. 16. Rules Applicable to Committee of the Whole.

4-21    The Rules of the Senate shall apply to proceedings in Committee of the

4-22   Whole, except that the previous question shall not be ordered, nor the

4-23   ayes and noes demanded. Messages may be received by the President

4-24   while the committee is sitting; in which case the President will resume

4-25   the chair, receive the message, and vacate the chair in favor of the

4-26   chairman of the committee.

4-27  Rule No. 17. Motion to Rise Committee of the Whole.

4-28    A motion that the committee rise shall always be in order, and shall be

4-29   decided without debate.

 

4-30  VII.  RULES GOVERNING MOTIONS

 

4-31  A.  Motions Generally

 

4-32  Rule No. 18. Entertaining.

4-33    1.  No motion may be debated until it is announced by the President.

4-34    2.  By consent of the Senate, a motion may be withdrawn before

4-35   amendment or decision.

 

4-36  Rule No. 19. Precedence of Motions.

4-37    When a question is under debate no motion shall be received but the

4-38   following, which shall have precedence in the order named:

4-39    1.  To adjourn.

4-40    2.  For a call of the Senate.

4-41    3.  To lay on the table.

4-42    4.  For the previous question.

4-43    5.  To postpone to a day certain.


5-1    6.  To commit.

5-2    7.  To amend.

5-3    8.  To postpone indefinitely.

5-4    The first four shall be decided without debate.

 

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

5-6    1.  When a motion to commit, to postpone to a day certain, or to

5-7   postpone indefinitely has been decided, it must not be again entertained

5-8   on the same day.

5-9    2.  When a question has been postponed indefinitely, it must not

5-10   again be introduced during the special session unless this rule is

5-11   suspended by a two-thirds vote.

5-12    3.  There must be no reconsideration of a vote on a motion to

5-13   postpone indefinitely.

 

5-14  B.  Particular Motions

 

5-15  Rule No. 21. To Adjourn.

5-16    A motion to adjourn shall always be in order. The name of the Senator

5-17   moving to adjourn, and the time when the motion was made, shall be

5-18   entered in the Journal.

 

5-19  Rule No. 22. Lay on the Table.

5-20    A motion to lay on or take from the table shall be carried by a majority

5-21   vote.

 

5-22  Rule No. 23. To Strike Enacting Clause.

5-23    A motion to strike out the enacting clause of a bill or resolution has

5-24   precedence over a motion to commit or amend. If a motion to strike out

5-25   the enacting clause of a bill or resolution is carried, the bill or resolution

5-26   is rejected.

 

5-27  Rule No. 24. Division of Question.

5-28    1.  Any Senator may call for a division of a question.

5-29    2.  A question must be divided if it embraces subjects so distinct that if

5-30   one subject is taken away, a substantive proposition remains for the

5-31   decision of the Senate.

5-32    3.  A motion to strike out and insert must not be divided.

 

5-33  Rule No. 25. Explanation of Motion.

5-34    Whenever a Senator moveGreen numbers along left margin indicate location on the printed bill (e.g., 5-15 indicates page 5, line 15).s to change the usual disposition of a bill or

5-35   resolution, he shall describe the subject of the bill or resolution and state

5-36   the reasons for his requesting the change in the processing of the bill or

5-37   resolution.

5-38  VIII.  DEBATE

 

5-39  Rule No. 26. Speaking on Question.

5-40    1.  Every Senator who speaks shall, standing in his place, address

5-41   “Mr. or Madam President,” in a courteous manner, and shall confine


6-1  himself to the question before the Senate. When he has finished, he shall

6-2  sit down.

6-3    2.  No Senator may speak:

6-4    (a) More than twice during the consideration of any one question on

6-5   the same day, except for explanation.

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

6-7   desire the floor.

6-8    3.  Incidental and subsidiary questions arising during debate shall

6-9   not be considered the same question.

 

6-10  Rule No. 27. Previous Question.

6-11    The previous question shall not be put unless demanded by three

6-12   Senators, and it shall be in this form: “Shall the main question be now

6-13   put?” When sustained by a majority of Senators present it shall put an

6-14   end to all debate and bring the Senate to a vote on the question or

6-15   questions before it, and all incidental questions arising after the motion

6-16   was made shall be decided without debate. A person who is speaking on

6-17   a question shall not while he has the floor move to put that question.

 

6-18  IX.  CONDUCT OF BUSINESS

 

6-19  A.  Generally

 

6-20  Rule No. 28. Mason’s Manual.

6-21    The rules of parliamentary practice contained in Mason’s Manual of

6-22   Legislative Procedure shall govern the Senate in all cases in which they

6-23   are applicable and in which they are not inconsistent with the rules and

6-24   orders of the Senate for the 17th Special Session of the Legislature, and

6-25   the Joint Rules of the Senate and Assembly for the 17th Special Session

6-26   of the Legislature.

 

6-27  Rule No. 29. Suspension of Rule.

6-28    No rule or order of the Senate for the 17th Special Session of the

6-29   Legislature shall be rescinded or changed without a vote of two-thirds of

6-30   the Senate and one day’s notice of the motion therefor; but a rule or

6-31   order may be temporarily suspended for a special purpose by a vote of

6-32   two-thirds of the members present. When the suspension of a rule is

6-33   called for, and after due notice from the President no objection is

6-34   offered, he can announce the rule suspended and the Senate may

6-35   proceed accordingly; but this shall not apply to that portion of Senate

6-36   Rule No. 37 of the 17th Special Session of the Legislature relating to the

6-37   third reading of bills, which cannot be suspended.

 

6-38  Rule No. 30. Protest.

6-39    Any Senator, or Senators, may protest against the action of the Senate

6-40   upon any question, and have such protest entered in the Journal.

 

 

 

 


7-1  Rule No. 31. Privilege of the Floor.

7-2    1.  To preserve decorum and facilitate the business of the Senate,

7-3   only the following persons may be present on the floor of the Senate

7-4   during formal sessions:

7-5    (a) State officers;

7-6    (b) Officers and members of the Senate;

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

7-8    (d) Attachés and employees of the Senate; and

7-9    (e) Members of the Assembly whose presence is required for the

7-10   transaction of business.

7-11    2.  Guests of Senators must be seated in a section of the upper or

7-12   lower gallery of the Senate Chamber to be specially designated by the

7-13   Sergeant at Arms. The Majority Leader may specify special occasions

7-14   when guests may be seated on the floor of the Senate with a Senator.

7-15    3.  A majority of Senators may authorize the President to have the

7-16   Senate Chamber cleared of all persons except Senators and officers of

7-17   the Senate.

7-18    4.  The Senate Chamber may not be used for any business other than

7-19   legislative business during a legislative session.

 

7-20  Rule No. 32. Material Placed on Legislators’ Desks.

7-21    1.  Only the Sergeant at Arms and officers and employees of the

7-22   Senate may place papers, letters, notes, pamphlets and other written

7-23   material upon a Senator’s desk. Such material must contain the name of

7-24   the Legislator requesting the placement of the material on the desk or a

7-25   designation of the origin of the material.

7-26    2.  This rule does not apply to books containing the legislative bills

7-27   and resolutions, the daily histories and daily journals of the Senate or

7-28   Assembly, or Legislative Counsel Bureau material.

 

7-29  Rule No. 33. Petitions and Memorials.

7-30    The contents of any petition or memorial shall be briefly stated by the

7-31   President or any Senator presenting it. It shall then lie on the table or be

7-32   referred, as the President or Senate may direct.

 

7-33  Rule No. 34. Objection to Reading of Paper.

7-34    Where the reading of any paper is called for, and is objected to by any

7-35   Senator, it shall be determined by a vote of the Senate, and without

7-36   debate.

 

7-37  Rule No. 35. Questions Relating to Priority of Business.

7-38    All questions relating to the priority of business shall be decided

7-39   without debate.

 

7-40  B.  Bills

 

7-41  Rule No. 36. Skeleton Bills.

7-42    Skeleton bills may not be introduced.

 

 


8-1  Rule No. 37. Reading of Bills.

8-2    1.  Every bill must receive three readings before its passage, unless, in

8-3   case of emergency, this rule is suspended by a two-thirds vote.

8-4    2.  The first reading of a bill is for information, and if there is

8-5   opposition to the bill, the question must be, “Shall this bill be rejected?”

8-6   If there is no opposition to the bill, or if the question to reject is defeated,

8-7   the bill must then take the usual course.

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

8-9   read.

8-10    4.  The third reading of every bill must be by sections.

 

8-11  Rule No. 38. Second Reading File—Consent Calendar.

8-12    1.  All bills or joint resolutions reported by the Committee of the

8-13   Whole must be placed on a second reading file unless recommended for

8-14   placement on the consent calendar.

8-15    2.  The Committee of the Whole shall not recommend a bill or joint

8-16   resolution for placement on the consent calendar if:

8-17    (a) An amendment of the bill or joint resolution is recommended;

8-18    (b) It contains an appropriation;

8-19    (c) It requires a two-thirds vote of the Senate; or

8-20    (d) It is controversial in nature.

8-21    3.  A bill or joint resolution must be removed from the consent

8-22   calendar at the request of any Senator. A bill or joint resolution so

8-23   removed must be immediately placed on the second reading file for

8-24   consideration in the usual order of business.

8-25    4. When the consent calendar is called, the bills remaining on the

8-26   consent calendar must be read by number and summary, and the vote

8-27   must be taken on their final passage as a group.

 

8-28  Rule No. 39. Printing.

8-29    Five hundred copies of all bills and resolutions of general interest

8-30   must be printed for the use of the Senate and Assembly. Such other

8-31   matter must be printed as may be ordered by the Senate.

 

8-32  Rule No. 40. Reading of Bills—General File.

8-33    1.  Upon reading of bills on the second reading file, Senate and

8-34   Assembly bills reported without amendments must be placed on the

8-35   general file. Amendments proposed by the Committee of the Whole and

8-36   reported with bills must be considered upon their second reading and

8-37   such amendments may be adopted by a majority vote of the members

8-38   present. Bills so amended must be reprinted, engrossed or reengrossed,

8-39   and placed on the general file. The file must be posted in the Senate

8-40   Chamber and made available to members of the public each day by the

8-41   Secretary.

8-42    2.  Any member may move to amend a bill during its reading on the

8-43   second reading file or during its third reading if the amendment is first

8-44   approved by a majority of the members of the Senate and a majority of

8-45   the members of the Assembly appointed to the Joint Rules Committee for

8-46   the 17th Special Session of the Legislature, and the motion to amend

8-47   may be adopted by a majority vote of the members present. Bills so

8-48   amended


9-1  on second reading must be treated the same as bills with amendments

9-2  proposed by the Committee of the Whole. Any bill so amended upon the

9-3   general file must be reprinted and engrossed or reengrossed.

9-4    3.  Unless otherwise ordered by the Senate, five hundred copies of all

9-5   amended bills must be printed.

 

9-6  Rule No. 41. Reconsideration of Vote on Bill.

9-7     No motion to reconsider a vote is in order.

 

9-8  C.  Resolutions

 

9-9  Rule No. 42. Treated as Bills.

9-10    Resolutions addressed to Congress, or to either House thereof, or to

9-11   the President of the United States, or the heads of any of the national

9-12   departments, or proposing amendments to the State Constitution are

9-13   subject, in all respects, to the foregoing rules governing the course of

9-14   bills. A joint resolution proposing an amendment to the constitution

9-15   shall be entered in the journal in its entirety.

 

9-16  Rule No. 43. Treated as Motions.

9-17    Resolutions, other than those referred to in Senate Rule No. 42 of the

9-18   17th Special Session of the Legislature, shall be treated as motions in all

9-19   proceedings of the Senate.

 

9-20  Rule No. 44.  Order of Business.

9-21    1.  Roll Call.

9-22    2.  Prayer and Pledge of Allegiance to the Flag.

9-23    3.  Reading and Approval of the Journal.

9-24    4. Reports of the Committee of the Whole.

9-25    5. Messages from the Governor.

9-26    6.  Messages from the Assembly.

9-27    7.  Communications.

9-28    8.  [Reserved.]

9-29    9.  Motions, Resolutions and Notices.

9-30    10.  Introduction, First Reading and Reference.

9-31    11.  Consent Calendar.

9-32    12.  Second Reading and Amendment.

9-33    13.  General File and Third Reading.

9-34    14.  Unfinished Business.

9-35    15.  Special Orders of the Day.

9-36    16.  Remarks from the Floor; Introduction of Guests.

 

9-37  Rule No. 45. Privilege.

9-38    Any Senator may rise and explain a matter personal to himself by

9-39   leave of the President, but he shall not discuss any pending question in

9-40   such explanation.

 

 

 

 


10-1  Rule No. 46. Preference to Speak.

10-2    When two or more Senators rise at the same time the President shall

10-3   name the one who may first speak—giving preference, when practicable,

10-4   to the mover or introducer of the subject under consideration.

 

10-5  Rule No. 47. Special Order.

10-6    The President shall call the Senate to order on the arrival of the time

10-7   fixed for the consideration of a special order, and announce that the

10-8   special order is before the Senate, which shall be considered, unless it be

10-9   postponed by a two-thirds vote, and any business before the Senate at the

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

10-11   Business.

 

10-12  20~~~~~01