Senate Resolution No. 1–Senator Raggio

 

July 29, 2002

____________

 

Read and Adopted

 

SUMMARY—Adopts Rules of Senate for 18th Special Session of Legislature. (BDR R‑9)

 

~

 

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 18th 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 18th 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 18th Special Session of the Legislature

1-7  are applicable only during the 18th 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 otherwise provided in the Constitution of the State of

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

3-8  the Committee 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.  DECORUM AND 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.  Action Required to be Taken in Senate Chamber.

3-39    Any action taken by the Senate must be taken in the Senate Chamber.

 

3-40  Rule No. 13.  Recorded Vote—Three Required to Call For.

3-41    1.  A recorded vote must be taken upon final passage of a bill or joint

3-42  resolution, and in any other case when called for by three members.

4-1  Every Senator within the bar of the Senate shall vote “aye” or “no” or

4-2  record himself as “not voting,” unless excused by unanimous vote of the

4-3  Senate.

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

4-5  and the names of Senators demanding the recorded vote must be entered

4-6  in the Journal.

 

4-7  Rule No. 14.  President to Decide—Tie Vote.

4-8    A question is lost by a tie vote, but when the Senate is equally divided

4-9  on any question except the passage of a bill or joint resolution, the

4-10  President may give the deciding vote.

 

4-11  Rule No. 15.  Manner of Election—Voting.

4-12    1.  In all cases of election by the Senate, the vote must be taken viva

4-13  voce. In other cases, if a vote is to be recorded, it may be taken by oral

4-14  roll-call or by electronic recording.

4-15    2.  When a recorded vote is taken, no Senator may:

4-16    (a) Vote except when at his seat;

4-17    (b) Vote upon any question in which he is in any way personally or

4-18  directly interested;

4-19    (c) Explain his vote or discuss the question while the voting is in

4-20  progress; or

4-21    (d) Change his vote after the result is announced.

4-22    3.  The announcement of the result of any vote must not be

4-23  postponed.

 

4-24  VI.  LEGISLATIVE BODIES

 

4-25  Rule No. 16.  Committee of the Whole.

4-26    1.  All bills and resolutions may be referred only to the Committee of

4-27  the Whole.

4-28    2.  The Majority Leader shall preside as chairman of the committee

4-29  or name a chairman to preside.

4-30    3.  Any meeting of the Committee of the Whole may be conducted

4-31  outside the Senate Chamber, as designated by the chairman of the

4-32  committee.

4-33    4.  A member of the committee may speak only once on an item listed

4-34  on the committee’s agenda, for a period of not more than 10 minutes,

4-35  unless he is granted leave of the chairman to speak for a longer period or

4-36  more than once. If a member is granted leave to speak for a longer

4-37  period or more than once, the chairman may limit the length of

4-38  additional time that the member may speak.

4-39    5.  The chairman may require any vote of the committee to be

4-40  recorded in the manner designated by the chairman.

4-41    6.  All amendments proposed by the committee:

4-42    (a) Must first be approved by the committee.

4-43    (b) Must be reported by the chairman to the Senate.

4-44    7.  The minutes of the committee’s meetings must be entered in the

4-45  final Journal.

5-1  Rule No. 17.  Rules Applicable to Committee of the Whole.

5-2    The Rules of the Senate shall apply to proceedings in Committee of the

5-3  Whole, except that the previous question shall not be ordered. The rules

5-4  of parliamentary practice contained in Mason’s Manual of Legislative

5-5  Procedure shall govern the committee in all cases in which they are

5-6  applicable and in which they are not inconsistent with the rules and

5-7  orders of the Senate.

 

5-8  Rule No. 18.  Motion to Rise Committee of the Whole.

5-9    A motion that the committee rise shall always be in order, and shall be

5-10  decided without debate.

 

5-11  VII.  RULES GOVERNING MOTIONS

 

5-12  A.  Motions Generally

 

5-13  Rule No. 19.  Entertaining.

5-14    1.  No motion may be debated until it is announced by the President.

5-15    2.  By consent of the Senate, a motion may be withdrawn before

5-16  amendment or decision.

 

5-17  Rule No. 20.  Precedence of Motions.

5-18    When a question is under debate, no motion shall be received but the

5-19  following, which shall have precedence in the order named:

5-20    1.  To adjourn.

5-21    2.  For a call of the Senate.

5-22    3.  To lay on the table.

5-23    4.  For the previous question.

5-24    5.  To postpone to a day certain.

5-25    6.  To commit.

5-26    7.  To amend.

5-27    8.  To postpone indefinitely.

5-28    The first four shall be decided without debate.

 

5-29  Rule No. 21.  When Not Entertained.

5-30    1.  When a motion to commit, to postpone to a day certain, or to

5-31  postpone indefinitely has been decided, it must not be again entertained

5-32  on the same day.

5-33    2.  When a question has been postponed indefinitely, it must not

5-34  again be introduced during the special session.

5-35    3.  There must be no reconsideration of a vote on a motion to

5-36  postpone indefinitely.

 

5-37  B.  Particular Motions

 

5-38  Rule No. 22.  To Adjourn.

5-39    A motion to adjourn shall always be in order. The name of the Senator

5-40  moving to adjourn, and the time when the motion was made, shall be

5-41  entered in the Journal.

6-1  Rule No. 23.  Lay on the Table.

6-2    A motion to lay on or take from the table shall be carried by a majority

6-3  vote.

 

6-4  Rule No. 24.  To Strike Enacting Clause.

6-5    A motion to strike out the enacting clause of a bill or resolution has

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

6-7  the enacting clause of a bill or resolution is carried, the bill or resolution

6-8  is rejected.

 

6-9  Rule No. 25.  Division of Question.

6-10    1.  Any Senator may call for a division of a question.

6-11    2.  A question must be divided if it embraces subjects so distinct that if

6-12  one subject is taken away, a substantive proposition remains for the

6-13  decision of the Senate.

6-14    3.  A motion to strike out and insert must not be divided.

 

6-15  Rule No. 26.  Explanation of Motion.

6-16     Whenever a Senator moves to change the usual disposition of a bill or

6-17  resolution, he shall describe the subject of the bill or resolution and state

6-18  the reasons for his requesting the change in the processing of the bill or

6-19  resolution.

 

6-20  VIII.  DEBATE

 

6-21  Rule No. 27.  Speaking on Question.

6-22    1.  Every Senator who speaks shall, standing in his place, address

6-23  “Mr. or Madam President,” in a courteous manner, and shall confine

6-24  himself to the question before the Senate. When he has finished, he shall

6-25  sit down.

6-26    2.  Except as otherwise provided in Senate Rules Nos. 10 and 45 of

6-27  the 18th Special Session, a Senator may speak only once on a question

6-28  before the Senate, for a period of not more than 10 minutes, unless he is

6-29  granted leave of the President to speak for a longer period or more than

6-30  once. If a Senator is granted leave to speak for a longer period or more

6-31  than once, the President may limit the length of additional time that the

6-32  member may speak.

6-33    3.  Incidental and subsidiary questions arising during debate shall

6-34  not be considered the same question.

 

6-35  Rule No. 28.  Previous Question.

6-36    The previous question shall not be put unless demanded by three

6-37  Senators, and it shall be in this form: “Shall the main question be now

6-38  put?” When sustained by a majority of Senators present it shall put an

6-39  end to all debate and bring the Senate to a vote on the question or

6-40  questions before it, and all incidental questions arising after the motion

6-41  was made shall be decided without debate. A person who is speaking on a

6-42  question shall not while he has the floor move to put that question.

 

7-1  IX.  CONDUCT OF BUSINESS

 

7-2  A.  Generally

 

7-3  Rule No. 29.  Mason’s Manual.

7-4    The rules of parliamentary practice contained in Mason’s Manual of

7-5  Legislative Procedure shall govern the Senate in all cases in which they

7-6  are applicable and in which they are not inconsistent with the rules and

7-7  orders of the Senate for the 18th Special Session of the Legislature, and

7-8  the Joint Rules of the Senate and Assembly for the 18th Special Session

7-9  of the Legislature.

 

7-10  Rule No. 30.  Suspension of Rule.

7-11    No rule or order of the Senate for the 18th Special Session of the

7-12  Legislature shall be rescinded or changed without a majority vote of the

7-13  Senate; but, except as otherwise provided in Senate Rule No. 39 of the

7-14  18th Special Session of the Legislature, a rule or order may be

7-15  temporarily suspended for a special purpose by a majority vote of the

7-16  members present. When the suspension of a rule is called for, and after

7-17  due notice from the President no objection is offered, he can announce

7-18  the rule suspended and the Senate may proceed accordingly; but this

7-19  shall not apply to that portion of Senate Rule No. 39 of the 18th Special

7-20  Session of the Legislature relating to the third reading of bills, which

7-21  cannot be suspended.

 

7-22  Rule No. 31.  Protest.

7-23    Any Senator, or Senators, may protest against the action of the Senate

7-24  upon any question, and have such protest entered in the Journal.

 

7-25  Rule No. 32.  Privilege of the Floor.

7-26    1.  To preserve decorum and facilitate the business of the Senate,

7-27  only the following persons may be present on the floor of the Senate

7-28  during formal sessions:

7-29    (a) State officers;

7-30    (b) Officers and members of the Senate;

7-31    (c) Employees of the Legislative Counsel Bureau;

7-32    (d) Attachés and employees of the Senate; and

7-33    (e) Members of the Assembly whose presence is required for the

7-34  transaction of business.

7-35    2.  Guests of Senators must be seated in a section of the upper or

7-36  lower gallery of the Senate Chamber to be specially designated by the

7-37  Sergeant at Arms. The Majority Leader may specify special occasions

7-38  when guests may be seated on the floor of the Senate with a Senator.

7-39    3.  A majority of Senators may authorize the President to have the

7-40  Senate Chamber cleared of all persons except Senators and officers of

7-41  the Senate.

7-42    4.  The Senate Chamber may not be used for any business other than

7-43  legislative business during a legislative session.

 

8-1  Rule No. 33.  Material Placed on Legislators’ Desks.

8-2    1.  Only the Sergeant at Arms and officers and employees of the

8-3  Senate may place papers, letters, notes, pamphlets and other written

8-4  material upon a Senator’s desk. Such material must contain the name of

8-5  the Legislator requesting the placement of the material on the desk or a

8-6  designation of the origin of the material.

8-7    2.  This rule does not apply to books containing the legislative bills

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

8-9  Assembly, or Legislative Counsel Bureau material.

 

8-10  Rule No. 34.  Petitions and Memorials.

8-11    The contents of any petition or memorial shall be briefly stated by the

8-12  President or any Senator presenting it. It shall then lie on the table or be

8-13  referred, as the President or Senate may direct.

 

8-14  Rule No. 35.  Objection to Reading of Paper.

8-15    Where the reading of any paper is called for, and is objected to by any

8-16  Senator, it shall be determined by a vote of the Senate, and without

8-17  debate.

 

8-18  Rule No. 36.  Questions Relating to Priority of Business.

8-19    All questions relating to the priority of business shall be decided

8-20  without debate.

 

8-21  B.  Bills

 

8-22  Rule No. 37.  Requests for the Drafting of Bills, Resolutions and

8-23  Amendments.

8-24    The Legislative Counsel shall not honor a request for the drafting of a

8-25  bill, resolution or amendment to be introduced in the Senate unless it is

8-26  submitted by the Committee of the Whole, a Conference Committee or

8-27  the Governor.

 

8-28  Rule No. 38.  Introduction of Bills.

8-29    1.  Except as otherwise provided in this rule, no bill or resolution may

8-30  be introduced in the Senate unless it is first approved by the Committee

8-31  of the Whole.

8-32    2.  The provisions of subsection 1 do not apply to a bill or resolution

8-33  that is:

8-34    (a) Required to carry out the business of the Senate or the

8-35  Legislature; or

8-36    (b) Requested by the Governor.

8-37    3.  Skeleton bills may not be introduced.

 

8-38  Rule No. 39.  Reading of Bills.

8-39    1.  Every bill must receive three readings before its passage, unless, in

8-40  case of emergency, this rule is suspended by a two-thirds vote of the

8-41  members elected to the Senate.

9-1    2.  The first reading of a bill is for information, and if there is

9-2  opposition to the bill, the question must be, “Shall this bill receive no

9-3  further consideration?” If there is no opposition to the bill, or if the

9-4  question to reject is defeated, the bill must then take the usual course.

9-5    3.  No bill may be committed until once read, nor amended until twice

9-6  read.

9-7    4.  The third reading of every bill must be by sections.

 

9-8  Rule No. 40.  Second Reading File—Consent Calendar.

9-9    1.  All bills or joint resolutions reported by the Committee of the

9-10  Whole must be placed on a second reading file unless recommended for

9-11  placement on the consent calendar.

9-12    2.  The Committee of the Whole shall not recommend a bill or joint

9-13  resolution for placement on the consent calendar if:

9-14    (a) An amendment of the bill or joint resolution is recommended;

9-15    (b) It contains an appropriation;

9-16    (c) It requires a two-thirds vote of the Senate; or

9-17    (d) It is controversial in nature.

9-18    3.  A bill or joint resolution must be removed from the consent

9-19  calendar at the request of any Senator. A bill or joint resolution so

9-20  removed must be immediately placed on the second reading file for

9-21  consideration in the usual order of business.

9-22    4.  When the consent calendar is called, the bills remaining on the

9-23  consent calendar must be read by number and summary, and the vote

9-24  must be taken on their final passage as a group.

 

9-25  Rule No. 41.  Reading of Bills—General File.

9-26    1.  Upon reading of bills on the second reading file, Senate and

9-27  Assembly bills reported without amendments must be placed on the

9-28  general file.

9-29    2.  Only amendments proposed by the Committee of the Whole or a

9-30  Conference Committee may be considered.

9-31    3.  Amendments proposed by the Committee of the Whole and

9-32  reported with bills may be adopted by a majority vote of the members

9-33  present. Bills so amended must be reprinted, engrossed or reengrossed,

9-34  and placed on the general file. The file must be posted in the Senate

9-35  Chamber and made available to members of the public each day by the

9-36  Secretary.

 

9-37  Rule No. 42.  Reconsideration of Vote on Bill.

9-38    No motion to reconsider a vote is in order.

 

9-39  C.  Resolutions

 

9-40  Rule No. 43.  Treated as Bills.

9-41     Resolutions addressed to Congress, or to either House thereof, or to

9-42  the President of the United States, or the heads of any of the national

9-43  departments, or proposing amendments to the State Constitution are

9-44  subject, in all respects, to the foregoing rules governing the course of

10-1  bills. A joint resolution proposing an amendment to the constitution shall

10-2  be entered in the journal in its entirety.

 

10-3  Rule No. 44.  Treated as Motions.

10-4     Resolutions, other than those referred to in Senate Rule No. 43 of the

10-5  18th Special Session of the Legislature, shall be treated as motions in all

10-6  proceedings of the Senate.

 

10-7  Rule No. 45.  Order of Business.

10-8    1.  Roll Call.

10-9    2.  Prayer and Pledge of Allegiance to the Flag.

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

10-11  4.  Reports of the Committee of the Whole.

10-12  5.  Messages from the Governor.

10-13  6.  Messages from the Assembly.

10-14  7.  Communications.

10-15  8.  [Reserved.]

10-16  9.  Motions, Resolutions and Notices.

10-17  10.  Introduction, First Reading and Reference.

10-18  11.  Consent Calendar.

10-19  12.  Second Reading and Amendment.

10-20  13.  General File and Third Reading.

10-21  14.  Unfinished Business.

10-22  15.  Special Orders of the Day.

10-23  16.  Remarks from the Floor; Introduction of Guests. A member may

10-24  speak under this order of business for a period of not more than 5

10-25  minutes each day.

 

10-26  Rule No. 46.  Privilege.

10-27  Any Senator may rise and explain a matter personal to himself by

10-28  leave of the President, but he shall not discuss any pending question in

10-29  such explanation.

 

10-30  Rule No. 47.  Preference to Speak.

10-31  When two or more Senators rise at the same time the President shall

10-32  name the one who may first speak—giving preference, when practicable,

10-33  to the mover or introducer of the subject under consideration.

 

10-34  Rule No. 48.  Special Order.

10-35  The President shall call the Senate to order on the arrival of the time

10-36  fixed for the consideration of a special order, and announce that the

10-37  special order is before the Senate, which shall be considered, unless it be

10-38  postponed by a two-thirds vote, and any business before the Senate at the

10-39  time of the announcement of the special order shall go to Unfinished

10-40  Business.

 

10-41  H