Senate Resolution No. 1–Senator Raggio

 

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

 

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

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.


2-1    (d) Unless otherwise ordered by the Senate, transmit as soon as

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

2-3   taken by the Assembly.

2-4    2.  The Secretary is responsible to the Majority Leader.

 

2-5  Rule No. 5.  Sergeant at Arms.

2-6    1.  The Sergeant at Arms shall attend the Senate during its sittings,

2-7   and execute its commands and all process issued by its authority. He

2-8   must be sworn to keep the secrets of the Senate.

2-9    2.  The Sergeant at Arms shall:

2-10    (a) Superintend the upkeep of the Senate’s Chamber, private lounge,

2-11   and meeting rooms.

2-12    (b) Interview and recommend persons to be considered for

2-13   employment to assist the Sergeant at Arms.

2-14    3.  The Sergeant at Arms is responsible to the Majority Leader.

 

2-15  Rule No. 6.  Assistant Sergeant at Arms.

2-16    The Assistant Sergeant at Arms shall be doorkeeper and shall preserve

2-17   order in the Senate Chamber and shall assist the Sergeant at Arms. He

2-18   shall be sworn to keep the secrets of the Senate.

 

2-19  III.  SESSIONS AND MEETINGS

 

2-20  Rule No. 7.  Call of Senate—Moved by Three Members.

2-21    A Call of the Senate may be moved by three Senators, and if carried by

2-22   a majority of all present, the Secretary shall call the roll and note the

2-23   absentees, after which the names of the absentees shall again be called

2-24   over. The doors shall then be closed and the Sergeant at Arms directed

2-25   to take into custody all who may be absent without leave, and all

2-26   Senators so taken into custody shall be presented at the bar of the Senate

2-27   for such action as to the Senate may seem proper.

 

2-28  Rule No. 8.  Absence—Leave Required.

2-29    No Senator shall absent himself from the service of the Senate without

2-30   leave, except in case of accident or sickness, and if any Senator or

2-31   officer shall so absent himself his per diem shall not be allowed him.

 

2-32  Rule No. 9.  Open Meetings.

2-33    1.  Except as otherwise provided in the Constitution of the State of

2-34   Nevada and in subsection 2 of this rule, all meetings of the Senate and

2-35   the Committee of the Whole must be open to the public.

2-36    2.  A meeting may be closed to consider the character, alleged

2-37   misconduct, professional competence, or physical or mental health of a

2-38   person.

 

2-39  IV.  DECORUM AND DEBATE

 

2-40  Rule No. 10.  Points of Order.

2-41    1.  If any Senator, in speaking or otherwise, transgresses the rules of

2-42   the Senate, the President shall, or any Senator may, call him to order. If


3-1  a Senator is so called to order, he shall not proceed without leave of the

3-2  Senate. If such leave is granted, it must be upon the motion, “That he be

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

3-4   the question under consideration and avoid personality.

3-5    2.  Every decision of points of order made by the President is subject

3-6   to appeal, and a discussion of a question of order may be allowed only

3-7   upon the appeal of two Senators. In all cases of appeal, the question

3-8   must be, “Shall the decision of the Chair stand as the judgment of the

3-9   Senate?”

 

3-10  Rule No. 11.  Breaches of Decorum.

3-11    1.  In cases of breaches of decorum or propriety, any Senator, officer

3-12   or other person is liable to such censure or punishment as the Senate

3-13   may deem proper.

3-14    2.  If any Senator is called to order for offensive or indecorous

3-15   language or conduct, the person calling him to order shall report the

3-16   offensive or indecorous language or conduct to the presiding officer. No

3-17   member may be held to answer for any language used on the floor of the

3-18   Senate if business has intervened before exception to the language was

3-19   taken.

3-20    3.  Indecorous conduct or boisterous or unbecoming language is not

3-21   permitted in the Senate Chamber.

 

3-22  V.  QUORUM, VOTING, ELECTIONS

 

3-23  Rule No. 12.  Action Required to be Taken in Senate Chamber.

3-24    Any action taken by the Senate must be taken in the Senate Chamber.

 

3-25  Rule No. 13.  Recorded Vote—Three Required to Call For.

3-26    1.  A recorded vote must be taken upon final passage of a bill or joint

3-27   resolution, and in any other case when called for by three members.

3-28   Every Senator within the bar of the Senate shall vote “aye” or “no” or

3-29   record himself as “not voting,” unless excused by unanimous vote of the

3-30   Senate.

3-31    2.  The votes and names of those absent or recorded as “not voting”

3-32   and the names of Senators demanding the recorded vote must be entered

3-33   in the Journal.

 

3-34  Rule No. 14.  President to Decide—Tie Vote.

3-35    A question is lost by a tie vote, but when the Senate is equally divided

3-36   on any question except the passage of a bill or joint resolution, the

3-37   President may give the deciding vote.

 

3-38  Rule No. 15.  Manner of Election—Voting.

3-39    1.  In all cases of election by the Senate, the vote must be taken viva

3-40   voce. In other cases, if a vote is to be recorded, it may be taken by oral

3-41   roll-call or by electronic recording.


4-1    2.  When a recorded vote is taken, no Senator may:

4-2    (a) Vote except when at his seat;

4-3    (b) Vote upon any question in which he is in any way personally or

4-4   directly interested;

4-5    (c) Explain his vote or discuss the question while the voting is in

4-6   progress; or

4-7    (d) Change his vote after the result is announced.

4-8    3.  The announcement of the result of any vote must not be

4-9   postponed.

 

4-10  VI.  LEGISLATIVE BODIES

 

4-11  Rule No. 16.  Committee of the Whole.

4-12    1.  All bills and resolutions may be referred only to the Committee of

4-13   the Whole.

4-14    2.  The Majority Leader shall preside as chairman of the committee

4-15   or name a chairman to preside.

4-16    3.  Any meeting of the Committee of the Whole may be conducted

4-17   outside the Senate Chamber, as designated by the chairman of the

4-18   committee.

4-19    4.  A member of the committee may speak only once on an item listed

4-20   on the committee’s agenda, for a period of not more than 10 minutes,

4-21   unless he is granted leave of the chairman to speak for a longer period

4-22   or more than once. If a member is granted leave to speak for a longer

4-23   period or more than once, the chairman may limit the length of

4-24   additional time that the member may speak.

4-25    5.  The chairman may require any vote of the committee to be

4-26   recorded in the manner designated by the chairman.

4-27    6.  All amendments proposed by the committee:

4-28    (a) Must first be approved by the committee.

4-29    (b) Must be reported by the chairman to the Senate.

4-30    7.  The minutes of the committee’s meetings must be entered in the

4-31   final Journal.

 

4-32  Rule No. 17.  Rules Applicable to Committee of the Whole.

4-33    The Rules of the Senate shall apply to proceedings in Committee of the

4-34   Whole, except that the previous question shall not be ordered. The rules

4-35   of parliamentary practice contained in Mason’s Manual of Legislative

4-36   Procedure shall govern the committee in all cases in which they are

4-37   applicable and in which they are not inconsistent with the rules and

4-38   orders of the Senate.

 

4-39  Rule No. 18.  Motion to Rise Committee of the Whole.

4-40    A motion that the committee rise shall always be in order, and shall be

4-41   decided without debate.

 


5-1  VII.  RULES GOVERNING MOTIONS

 

5-2  A.  Motions Generally

 

5-3  Rule No. 19.  Entertaining.

5-4    1.  No motion may be debated until it is announced by the President.

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

5-6   amendment or decision.

 

5-7  Rule No. 20.  Precedence of Motions.

5-8    When a question is under debate, no motion shall be received but the

5-9   following, which shall have precedence in the order named:

5-10    1.  To adjourn.

5-11    2.  For a call of the Senate.

5-12    3.  To lay on the table.

5-13    4.  For the previous question.

5-14    5.  To postpone to a day certain.

5-15    6.  To commit.

5-16    7.  To amend.

5-17    8.  To postpone indefinitely.

5-18    The first four shall be decided without debate.

 

5-19  Rule No. 21.  When Not Entertained.

5-20    1.  When a motion to commit, to postpone to a day certain, or to

5-21   postpone indefinitely has been decided, it must not be again entertained

5-22   on the same day.

5-23    2.  When a question has been postponed indefinitely, it must not

5-24   again be introduced during the special session.

5-25    3.  There must be no reconsideration of a vote on a motion to

5-26   postpone indefinitely.

 

5-27  B.  Particular Motions

 

5-28  Rule No. 22.  To Adjourn.

5-29    A motion to adjourn shall always be in order. The name of the Senator

5-30   moving to adjourn, and the time when the motion was made, shall be

5-31   entered in the Journal.

 

5-32  Rule No. 23.  Lay on the Table.

5-33    A motion to lay on or take from the table shall be carried by a majority

5-34   vote.

 

5-35  Rule No. 24.  To Strike Enacting Clause.

5-36    A motion to strike out the enacting clause of a bill or resolution has

5-37   precedence over a motion to commit or amend. If a motion to strike out

5-38   the enacting clause of a bill or resolution is carried, the bill or resolution

5-39   is rejected.

 


6-1  Rule No. 25.  Division of Question.

6-2    1.  Any Senator may call for a division of a question.

6-3    2.  A question must be divided if it embraces subjects so distinct that if

6-4   one subject is taken away, a substantive proposition remains for the

6-5   decision of the Senate.

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

 

6-7  Rule No. 26.  Explanation of Motion.

6-8     Whenever a Senator movGreen numbers along left margin indicate location on the printed bill (e.g., 5-15 indicates page 5, line 15).es to change the usual disposition of a bill or

6-9   resolution, he shall describe the subject of the bill or resolution and state

6-10   the reasons for his requesting the change in the processing of the bill or

6-11   resolution.

6-12  VIII.  DEBATE

 

6-13  Rule No. 27.  Speaking on Question.

6-14    1.  Every Senator who speaks shall, standing in his place, address

6-15   “Mr. or Madam President,” in a courteous manner, and shall confine

6-16   himself to the question before the Senate. When he has finished, he shall

6-17   sit down.

6-18    2.  Except as otherwise provided in Senate Rules Nos. 10 and 45 of

6-19   the 18th Special Session, a Senator may speak only once on a question

6-20   before the Senate, for a period of not more than 10 minutes, unless he is

6-21   granted leave of the President to speak for a longer period or more than

6-22   once. If a Senator is granted leave to speak for a longer period or more

6-23   than once, the President may limit the length of additional time that the

6-24   member may speak.

6-25    3.  Incidental and subsidiary questions arising during debate shall

6-26   not be considered the same question.

 

6-27  Rule No. 28.  Previous Question.

6-28    The previous question shall not be put unless demanded by three

6-29   Senators, and it shall be in this form: “Shall the main question be now

6-30   put?” When sustained by a majority of Senators present it shall put an

6-31   end to all debate and bring the Senate to a vote on the question or

6-32   questions before it, and all incidental questions arising after the motion

6-33   was made shall be decided without debate. A person who is speaking on

6-34   a question shall not while he has the floor move to put that question.

 

6-35  IX.  CONDUCT OF BUSINESS

 

6-36  A.  Generally

 

6-37  Rule No. 29.  Mason’s Manual.

6-38    The rules of parliamentary practice contained in Mason’s Manual of

6-39   Legislative Procedure shall govern the Senate in all cases in which they

6-40   are applicable and in which they are not inconsistent with the rules and

6-41   orders of the Senate for the 18th Special Session of the Legislature, and

6-42   the Joint Rules of the Senate and Assembly for the 18th Special Session

6-43   of the Legislature.

 


7-1  Rule No. 30.  Suspension of Rule.

7-2    No rule or order of the Senate for the 18th Special Session of the

7-3   Legislature shall be rescinded or changed without a majority vote of the

7-4   Senate; but, except as otherwise provided in Senate Rule No. 39 of the

7-5   18th Special Session of the Legislature, a rule or order may be

7-6   temporarily suspended for a special purpose by a majority vote of the

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

7-8   due notice from the President no objection is offered, he can announce

7-9   the rule suspended and the Senate may proceed accordingly; but this

7-10   shall not apply to that portion of Senate Rule No. 39 of the 18th Special

7-11   Session of the Legislature relating to the third reading of bills, which

7-12   cannot be suspended.

 

7-13  Rule No. 31.  Protest.

7-14    Any Senator, or Senators, may protest against the action of the Senate

7-15   upon any question, and have such protest entered in the Journal.

 

7-16  Rule No. 32.  Privilege of the Floor.

7-17    1.  To preserve decorum and facilitate the business of the Senate,

7-18   only the following persons may be present on the floor of the Senate

7-19   during formal sessions:

7-20    (a) State officers;

7-21    (b) Officers and members of the Senate;

7-22    (c) Employees of the Legislative Counsel Bureau;

7-23    (d) Attachés and employees of the Senate; and

7-24    (e) Members of the Assembly whose presence is required for the

7-25   transaction of business.

7-26    2.  Guests of Senators must be seated in a section of the upper or

7-27   lower gallery of the Senate Chamber to be specially designated by the

7-28   Sergeant at Arms. The Majority Leader may specify special occasions

7-29   when guests may be seated on the floor of the Senate with a Senator.

7-30    3.  A majority of Senators may authorize the President to have the

7-31   Senate Chamber cleared of all persons except Senators and officers of

7-32   the Senate.

7-33    4.  The Senate Chamber may not be used for any business other than

7-34   legislative business during a legislative session.

 

7-35  Rule No. 33.  Material Placed on Legislators’ Desks.

7-36    1.  Only the Sergeant at Arms and officers and employees of the

7-37   Senate may place papers, letters, notes, pamphlets and other written

7-38   material upon a Senator’s desk. Such material must contain the name of

7-39   the Legislator requesting the placement of the material on the desk or a

7-40   designation of the origin of the material.

7-41    2.  This rule does not apply to books containing the legislative bills

7-42   and resolutions, the daily histories and daily journals of the Senate or

7-43   Assembly, or Legislative Counsel Bureau material.

 


8-1  Rule No. 34.  Petitions and Memorials.

8-2    The contents of any petition or memorial shall be briefly stated by the

8-3   President or any Senator presenting it. It shall then lie on the table or be

8-4   referred, as the President or Senate may direct.

 

8-5  Rule No. 35.  Objection to Reading of Paper.

8-6    Where the reading of any paper is called for, and is objected to by any

8-7   Senator, it shall be determined by a vote of the Senate, and without

8-8   debate.

 

8-9  Rule No. 36.  Questions Relating to Priority of Business.

8-10    All questions relating to the priority of business shall be decided

8-11   without debate.

 

8-12  B.  Bills

 

8-13  Rule No. 37.  Requests for the Drafting of Bills, Resolutions and

8-14   Amendments.

8-15    The Legislative Counsel shall not honor a request for the drafting of a

8-16   bill, resolution or amendment to be introduced in the Senate unless it is

8-17   submitted by the Committee of the Whole, a Conference Committee or

8-18   the Governor.

 

8-19  Rule No. 38.  Introduction of Bills.

8-20    1.  Except as otherwise provided in this rule, no bill or resolution may

8-21   be introduced in the Senate unless it is first approved by the Committee

8-22   of the Whole.

8-23    2.  The provisions of subsection 1 do not apply to a bill or resolution

8-24   that is:

8-25    (a) Required to carry out the business of the Senate or the

8-26   Legislature; or

8-27    (b) Requested by the Governor.

8-28    3.  Skeleton bills may not be introduced.

 

8-29  Rule No. 39.  Reading of Bills.

8-30    1.  Every bill must receive three readings before its passage, unless, in

8-31   case of emergency, this rule is suspended by a two-thirds vote of the

8-32   members elected to the Senate.

8-33    2.  The first reading of a bill is for information, and if there is

8-34   opposition to the bill, the question must be, “Shall this bill receive no

8-35   further consideration?” If there is no opposition to the bill, or if the

8-36   question to reject is defeated, the bill must then take the usual course.

8-37    3.  No bill may be committed until once read, nor amended until twice

8-38   read.

8-39    4.  The third reading of every bill must be by sections.

 

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

8-41    1.  All bills or joint resolutions reported by the Committee of the

8-42   Whole must be placed on a second reading file unless recommended for

8-43   placement on the consent calendar.


9-1    2.  The Committee of the Whole shall not recommend a bill or joint

9-2  resolution for placement on the consent calendar if:

9-3    (a) An amendment of the bill or joint resolution is recommended;

9-4    (b) It contains an appropriation;

9-5    (c) It requires a two-thirds vote of the Senate; or

9-6    (d) It is controversial in nature.

9-7    3.  A bill or joint resolution must be removed from the consent

9-8   calendar at the request of any Senator. A bill or joint resolution so

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

9-10   consideration in the usual order of business.

9-11    4.  When the consent calendar is called, the bills remaining on the

9-12   consent calendar must be read by number and summary, and the vote

9-13   must be taken on their final passage as a group.

 

9-14  Rule No. 41.  Reading of Bills—General File.

9-15    1.  Upon reading of bills on the second reading file, Senate and

9-16   Assembly bills reported without amendments must be placed on the

9-17   general file.

9-18    2.  Only amendments proposed by the Committee of the Whole or a

9-19   Conference Committee may be considered.

9-20    3.  Amendments proposed by the Committee of the Whole and

9-21   reported with bills may be adopted by a majority vote of the members

9-22   present. Bills so amended must be reprinted, engrossed or reengrossed,

9-23   and placed on the general file. The file must be posted in the Senate

9-24   Chamber and made available to members of the public each day by the

9-25   Secretary.

 

9-26  Rule No. 42.  Reconsideration of Vote on Bill.

9-27    No motion to reconsider a vote is in order.

 

9-28  C.  Resolutions

 

9-29  Rule No. 43.  Treated as Bills.

9-30     Resolutions addressed to Congress, or to either House thereof, or to

9-31   the President of the United States, or the heads of any of the national

9-32   departments, or proposing amendments to the State Constitution are

9-33   subject, in all respects, to the foregoing rules governing the course of

9-34   bills. A joint resolution proposing an amendment to the constitution

9-35   shall be entered in the journal in its entirety.

 

9-36  Rule No. 44.  Treated as Motions.

9-37     Resolutions, other than those referred to in Senate Rule No. 43 of the

9-38   18th Special Session of the Legislature, shall be treated as motions in all

9-39   proceedings of the Senate.

 

9-40  Rule No. 45.  Order of Business.

9-41    1.  Roll Call.

9-42    2.  Prayer and Pledge of Allegiance to the Flag.

9-43    3.  Reading and Approval of the Journal.

9-44    4.  Reports of the Committee of the Whole.


10-1    5.  Messages from the Governor.

10-2    6.  Messages from the Assembly.

10-3    7.  Communications.

10-4    8.  [Reserved.]

10-5    9.  Motions, Resolutions and Notices.

10-6    10.  Introduction, First Reading and Reference.

10-7    11.  Consent Calendar.

10-8    12.  Second Reading and Amendment.

10-9    13.  General File and Third Reading.

10-10  14.  Unfinished Business.

10-11  15.  Special Orders of the Day.

10-12  16.  Remarks from the Floor; Introduction of Guests. A member may

10-13   speak under this order of business for a period of not more than 5

10-14   minutes each day.

 

10-15  Rule No. 46.  Privilege.

10-16  Any Senator may rise and explain a matter personal to himself by

10-17   leave of the President, but he shall not discuss any pending question in

10-18   such explanation.

 

10-19  Rule No. 47.  Preference to Speak.

10-20  When two or more Senators rise at the same time the President shall

10-21   name the one who may first speak—giving preference, when practicable,

10-22   to the mover or introducer of the subject under consideration.

 

10-23  Rule No. 48.  Special Order.

10-24  The President shall call the Senate to order on the arrival of the time

10-25   fixed for the consideration of a special order, and announce that the

10-26   special order is before the Senate, which shall be considered, unless it be

10-27   postponed by a two-thirds vote, and any business before the Senate at the

10-28   time of the announcement of the special order shall go to Unfinished

10-29   Business.

 

10-30  20~~~~~02