Senate Resolution No. 1–Senators
Raggio and Titus

 

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

 

Senate RESOLUTION—Adopting the Rules of the Senate for the 19th 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 19th 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 19th Special Session of the

1-7  Legislature are applicable only during the 19th Special Session of

1-8  the Legislature.

 

1-9  II.  OFFICERS AND EMPLOYEES

 

1-10  Duties of Officers

 

1-11  Rule No. 2.  President.

1-12      The President shall take the chair and call the Senate to order

1-13  precisely at the hour appointed for meeting. He shall preserve

1-14  order and decorum, and in case of any disturbance or disorderly

1-15  conduct within the Senate Chamber, shall order the Sergeant at

1-16  Arms to suppress it, and may order the arrest of any person

1-17  creating any disturbance within the Senate Chamber. He may

1-18  speak to points of order in preference to members, rising from his

1-19  seat for that purpose, and shall decide questions of order without

1-20  debate, subject to an appeal to the Senate by two members, on

1-21  which appeal no member may speak more than once without leave

1-22  of the Senate. He shall sign all acts, addresses and joint

1-23  resolutions, and all writs, warrants and subpoenas issued by order

1-24  of the Senate; all of which must be attested by the Secretary. He

1-25  has general direction of the Senate Chamber.

 

1-26  Rule No. 3.  President Pro Tem.

1-27      The President Pro Tem has all the power and shall discharge

1-28  all the duties of the President during his absence or inability to

1-29  discharge the duties of his office. In the absence or inability of the

1-30  President Pro Tem to discharge the duties of the President’s

1-31  office, the Senate shall elect one of its members as the presiding

1-32  officer for that occasion.

 

 


2-1  Rule No. 4.  Secretary.

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

2-3  shall:

2-4  (a) Interview and recommend persons to be considered for

2-5  employment to assist the Secretary.

2-6  (b) See that these employees perform their respective duties.

2-7  (c) Administer the daily business of the Senate, including the

2-8  provision of secretaries as needed.

2-9  (d) Unless otherwise ordered by the Senate, transmit as soon

2-10  as practicable those bills and resolutions upon which the next

2-11  action is to be taken by the Assembly.

2-12      2.  The Secretary is responsible to the Majority Leader.

 

2-13  Rule No. 5.  Sergeant at Arms.

2-14      1.  The Sergeant at Arms shall attend the Senate during its

2-15  sittings, and execute its commands and all process issued by its

2-16  authority. He must be sworn to keep the secrets of the Senate.

2-17      2.  The Sergeant at Arms shall:

2-18      (a) Superintend the upkeep of the Senate’s Chamber, private

2-19  lounge, and meeting rooms.

2-20      (b) Interview and recommend persons to be considered for

2-21  employment to assist the Sergeant at Arms.

2-22      3.  The Sergeant at Arms is responsible to the Majority

2-23  Leader.

 

2-24  Rule No. 6.  Assistant Sergeant at Arms.

2-25      The Assistant Sergeant at Arms shall be doorkeeper and shall

2-26  preserve order in the Senate Chamber and shall assist the

2-27  Sergeant at Arms. He shall be sworn to keep the secrets of the

2-28  Senate.

 

2-29  III.  SESSIONS AND MEETINGS

 

2-30  Rule No. 7.  Call of Senate—Moved by Three Members.

2-31      A Call of the Senate may be moved by three Senators, and if

2-32  carried by a majority of all present, the Secretary shall call the roll

2-33  and note the absentees, after which the names of the absentees

2-34  shall again be called over. The doors shall then be closed and the

2-35  Sergeant at Arms directed to take into custody all who may be

2-36  absent without leave, and all Senators so taken into custody shall

2-37  be presented at the bar of the Senate for such action as to the

2-38  Senate may seem proper.

 

2-39  Rule No. 8.  Absence—Leave Required.

2-40      No Senator shall absent himself from the service of the Senate

2-41  without leave, except in case of accident or sickness, and if any


3-1  Senator or officer shall so absent himself his per diem shall not be

3-2  allowed him.

 

3-3  Rule No. 9.  Open Meetings.

3-4  1.  Except as otherwise provided in the Constitution of the

3-5  State of Nevada and in subsection 2 of this rule, all meetings of

3-6  the Senate and the Committee of the Whole must be open to the

3-7  public.

3-8  2.  A meeting may be closed to consider the character, alleged

3-9  misconduct, professional competence, or physical or mental health

3-10  of a person.

 

3-11  IV.  DECORUM AND DEBATE

 

3-12  Rule No. 10.  Points of Order.

3-13      1.  If any Senator, in speaking or otherwise, transgresses the

3-14  rules of the Senate, the President shall, or any Senator may, call

3-15  him to order. If a Senator is so called to order, he shall not

3-16  proceed without leave of the Senate. If such leave is granted, it

3-17  must be upon the motion, “That he be allowed to proceed in

3-18  order,” and the Senator shall confine himself to the question

3-19  under consideration and avoid personality.

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

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

3-22  allowed only upon the appeal of two Senators. In all cases of

3-23  appeal, the question must be, “Shall the decision of the Chair

3-24  stand as the judgment of the Senate?”

 

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

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

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

3-28  the Senate 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

3-31  the offensive or indecorous language or conduct to the presiding

3-32  officer. No member may be held to answer for any language used

3-33  on the floor of the Senate if business has intervened before

3-34  exception to the language was taken.

3-35      3.  Indecorous conduct or boisterous or unbecoming language

3-36  is not 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

3-40  Chamber.


4-1  Rule No. 13.  Recorded Vote—Three Required to Call For.

4-2  1.  A recorded vote must be taken upon final passage of a bill

4-3  or joint resolution, and in any other case when called for by three

4-4  members. Every Senator within the bar of the Senate shall vote

4-5  “aye” or “no” or record himself as “not voting,” unless excused

4-6  by unanimous vote of the Senate.

4-7  2.  The votes and names of those absent or recorded as “not

4-8  voting” and the names of Senators demanding the recorded vote

4-9  must be entered in the Journal.

 

4-10  Rule No. 14.  President to Decide—Tie Vote.

4-11      A question is lost by a tie vote, but when the Senate is equally

4-12  divided on any question except the passage of a bill or joint

4-13  resolution, the President may give the deciding vote.

 

4-14  Rule No. 15.  Manner of Election—Voting.

4-15      1.  In all cases of election by the Senate, the vote must be

4-16  taken viva voce. In other cases, if a vote is to be recorded, it may

4-17  be taken by oral roll-call or by electronic recording.

4-18      2.  When a recorded vote is taken, no Senator may:

4-19      (a) Vote except when at his seat;

4-20      (b) Vote upon any question in which he is in any way

4-21  personally or directly interested;

4-22      (c) Explain his vote or discuss the question while the voting is

4-23  in progress; or

4-24      (d) Change his vote after the result is announced.

4-25      3.  The announcement of the result of any vote must not be

4-26  postponed.

 

4-27  VI.  LEGISLATIVE BODIES

 

4-28  Rule No. 16.  Committee of the Whole.

4-29      1.  All bills and resolutions may be referred only to the

4-30  Committee of the Whole.

4-31      2.  The Majority Leader shall preside as Chairman of the

4-32  Committee or name a Chairman to preside.

4-33      3.  Any meeting of the Committee of the Whole may be

4-34  conducted outside the Senate Chamber, as designated by the

4-35  Chairman of the Committee.

4-36      4.  A member of the Committee may speak only once on an

4-37  item listed on the Committee’s agenda, for a period of not more

4-38  than 10 minutes, unless he is granted leave of the Chairman to

4-39  speak for a longer period or more than once. If a member is

4-40  granted leave to speak for a longer period or more than once, the

4-41  Chairman may limit the length of additional time that the member

4-42  may speak.


5-1  5.  The Chairman may require any vote of the Committee to

5-2  be recorded in the manner designated by the Chairman.

5-3  6.  All amendments proposed by the Committee:

5-4  (a) Must first be approved by the Committee.

5-5  (b) Must be reported by the Chairman to the Senate.

5-6  7.  The minutes of the Committee’s meetings must be entered

5-7  in the final Journal.

 

5-8  Rule No. 17.  Rules Applicable to Committee of the Whole.

5-9  The Rules of the Senate shall apply to proceedings in

5-10  Committee of the Whole, except that the previous question shall

5-11  not be ordered. The rules of parliamentary practice contained in

5-12  Mason’s Manual of Legislative Procedure shall govern the

5-13  Committee in all cases in which they are applicable and in which

5-14  they are not inconsistent with the rules and orders of the Senate.

 

5-15  Rule No. 18.  Motion to Rise Committee of the Whole.

5-16      A motion that the Committee rise shall always be in order, and

5-17  shall be decided without debate.

 

5-18  VII.  RULES GOVERNING MOTIONS

 

5-19  A.  Motions Generally

 

5-20  Rule No. 19.  Entertaining.

5-21      1.  No motion may be debated until it is announced by the

5-22  President.

5-23      2.  By consent of the Senate, a motion may be withdrawn

5-24  before amendment or decision.

 

5-25  Rule No. 20.  Precedence of Motions.

5-26      When a question is under debate, no motion shall be received

5-27  but the following, which shall have precedence in the order

5-28  named:

5-29      1.  To adjourn.

5-30      2.  For a call of the Senate.

5-31      3.  To lay on the table.

5-32      4.  For the previous question.

5-33      5.  To postpone to a day certain.

5-34      6.  To commit.

5-35      7.  To amend.

5-36      8.  To postpone indefinitely.

5-37  The first four shall be decided without debate.

 

 

 


6-1  Rule No. 21.  When Not Entertained.

6-2  1.  When a motion to commit, to postpone to a day certain, or

6-3  to postpone indefinitely has been decided, it must not be again

6-4  entertained on the same day.

6-5  2.  When a question has been postponed indefinitely, it must

6-6  not again be introduced during the Special Session.

6-7  3.  There must be no reconsideration of a vote on a motion to

6-8  postpone indefinitely.

 

6-9  B.  Particular Motions

 

6-10  Rule No. 22.  To Adjourn.

6-11      A motion to adjourn shall always be in order. The name of the

6-12  Senator moving to adjourn, and the time when the motion was

6-13  made, shall be entered in the Journal.

 

6-14  Rule No. 23.  Lay on the Table.

6-15      A motion to lay on or take from the table shall be carried by a

6-16  majority vote.

 

6-17  Rule No. 24.  To Strike Enacting Clause.

6-18      A motion to strike out the enacting clause of a bill or resolution

6-19  has precedence over a motion to commit or amend. If a motion to

6-20  strike out the enacting clause of a bill or resolution is carried, the

6-21  bill or resolution is rejected.

 

6-22  Rule No. 25.  Division of Question.

6-23      1.  Any Senator may call for a division of a question.

6-24      2.  A question must be divided if it embraces subjects so

6-25  distinct that if one subject is taken away, a substantive proposition

6-26  remains for the decision of the Senate.

6-27      3.  A motion to strike out and insert must not be divided.

 

6-28  Rule No. 26.  Explanation of Motion.

6-29      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

6-30  bill or resolution, he shall describe the subject of the bill or

6-31  resolution and state the reasons for his requesting the change in

6-32  the processing of the bill or resolution.

 

6-33  VIII.  DEBATE

 

6-34  Rule No. 27.  Speaking on Question.

6-35      1.  Every Senator who speaks shall, standing in his place,

6-36  address “Mr. or Madam President,” in a courteous manner, and

6-37  shall confine himself to the question before the Senate. When he

6-38  has finished, he shall sit down.


7-1  2.  Except as otherwise provided in Senate Rules Nos. 10 and

7-2  45 of the 19th Special Session, a Senator may speak only once on

7-3  a question before the Senate, for a period of not more than 10

7-4  minutes, unless he is granted leave of the President to speak for a

7-5  longer period or more than once. If a Senator is granted leave to

7-6  speak for a longer period or more than once, the President may

7-7  limit the length of additional time that the member may speak.

7-8  3.  Incidental and subsidiary questions arising during debate

7-9  shall not be considered the same question.

 

7-10  Rule No. 28.  Previous Question.

7-11      The previous question shall not be put unless demanded by

7-12  three Senators, and it shall be in this form: “Shall the main

7-13  question be now put?” When sustained by a majority of Senators

7-14  present it shall put an end to all debate and bring the Senate to a

7-15  vote on the question or questions before it, and all incidental

7-16  questions arising after the motion was made shall be decided

7-17  without debate. A person who is speaking on a question shall not

7-18  while he has the floor move to put that question.

 

7-19  IX.  CONDUCT OF BUSINESS

 

7-20  A.  Generally

 

7-21  Rule No. 29.  Mason’s Manual.

7-22      The rules of parliamentary practice contained in Mason’s

7-23  Manual of Legislative Procedure shall govern the Senate in all

7-24  cases in which they are applicable and in which they are not

7-25  inconsistent with the rules and orders of the Senate for the 19th

7-26  Special Session of the Legislature, and the Joint Rules of the

7-27  Senate and Assembly for the 19th Special Session of the

7-28  Legislature.

 

7-29  Rule No. 30.  Suspension of Rule.

7-30      No rule or order of the Senate for the 19th Special Session of

7-31  the Legislature shall be rescinded or changed without a majority

7-32  vote of the Senate; but, except as otherwise provided in Senate

7-33  Rule No. 39 of the 19th Special Session of the Legislature, a rule

7-34  or order may be temporarily suspended for a special purpose by a

7-35  majority vote of the members present. When the suspension of a

7-36  rule is called for, and after due notice from the President no

7-37  objection is offered, he can announce the rule suspended and the

7-38  Senate may proceed accordingly; but this shall not apply to that

7-39  portion of Senate Rule No. 39 of the 19th Special Session of the

7-40  Legislature relating to the third reading of bills, which cannot be

7-41  suspended.


8-1  Rule No. 31.  Protest.

8-2  Any Senator, or Senators, may protest against the action of the

8-3  Senate upon any question, and have such protest entered in the

8-4  Journal.

 

8-5  Rule No. 32.  Privilege of the Floor.

8-6  1.  To preserve decorum and facilitate the business of the

8-7  Senate, only the following persons may be present on the floor of

8-8  the Senate during formal sessions:

8-9  (a) State officers;

8-10      (b) Officers and members of the Senate;

8-11      (c) Employees of the Legislative Counsel Bureau;

8-12      (d) Attachés and employees of the Senate; and

8-13      (e) Members of the Assembly whose presence is required for

8-14  the transaction of business.

8-15      2.  Guests of Senators must be seated in a section of the upper

8-16  or lower gallery of the Senate Chamber to be specially designated

8-17  by the Sergeant at Arms. The Majority Leader may specify special

8-18  occasions when guests may be seated on the floor of the Senate

8-19  with a Senator.

8-20      3.  A majority of Senators may authorize the President to have

8-21  the Senate Chamber cleared of all persons except Senators and

8-22  officers of the Senate.

8-23      4.  The Senate Chamber may not be used for any business

8-24  other than legislative business during a legislative session.

 

8-25  Rule No. 33.  Material Placed on Legislators’ Desks.

8-26      1.  Only the Sergeant at Arms and officers and employees of

8-27  the Senate may place papers, letters, notes, pamphlets and other

8-28  written material upon a Senator’s desk. Such material must

8-29  contain the name of the Legislator requesting the placement of the

8-30  material on the desk or a designation of the origin of the material.

8-31      2.  This rule does not apply to books containing the legislative

8-32  bills and resolutions, the daily histories and daily journals of the

8-33  Senate or Assembly, or Legislative Counsel Bureau material.

 

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

8-35      The contents of any petition or memorial shall be briefly stated

8-36  by the President or any Senator presenting it. It shall then lie on

8-37  the table or be referred, as the President or Senate may direct.

 

8-38  Rule No. 35.  Objection to Reading of Paper.

8-39      Where the reading of any paper is called for, and is objected to

8-40  by any Senator, it shall be determined by a vote of the Senate, and

8-41  without debate.

 


9-1  Rule No. 36.  Questions Relating to Priority of Business.

9-2  All questions relating to the priority of business shall be

9-3  decided without debate.

 

9-4  B.  Bills

 

9-5  Rule No. 37.  Requests for the Drafting of Bills, Resolutions and

9-6  Amendments.

9-7  The Legislative Counsel shall not honor a request for the

9-8  drafting of a bill, resolution or amendment to be introduced in the

9-9  Senate unless it is submitted by the Committee of the Whole, a

9-10  Conference Committee or the Governor.

 

9-11  Rule No. 38.  Introduction of Bills.

9-12      1.  Except as otherwise provided in this rule, no bill or

9-13  resolution may be introduced in the Senate unless it is first

9-14  approved by the Committee of the Whole.

9-15      2.  The provisions of subsection 1 do not apply to a bill or

9-16  resolution that is:

9-17      (a) Required to carry out the business of the Senate or the

9-18  Legislature; or

9-19      (b) Requested by the Governor.

9-20      3.  Skeleton bills may not be introduced.

 

9-21  Rule No. 39.  Reading of Bills.

9-22      1.  Every bill must receive three readings before its passage,

9-23  unless, in case of emergency, this rule is suspended by a two-thirds

9-24  vote of the members elected to the Senate.

9-25      2.  The first reading of a bill is for information, and if there is

9-26  opposition to the bill, the question must be, “Shall this bill receive

9-27  no further consideration?” If there is no opposition to the bill, or

9-28  if the question to reject is defeated, the bill must then take the

9-29  usual course.

9-30      3.  No bill may be committed until once read, nor amended

9-31  until twice read.

9-32      4.  The third reading of every bill must be by sections.

 

9-33  Rule No. 40.  Second Reading File—Consent Calendar.

9-34      1.  All bills or joint resolutions reported by the Committee of

9-35  the Whole must be placed on a Second Reading File unless

9-36  recommended for placement on the Consent Calendar.

9-37      2.  The Committee of the Whole shall not recommend a bill or

9-38  joint resolution for placement on the Consent Calendar if:

9-39      (a) An amendment of the bill or joint resolution is

9-40  recommended;

9-41      (b) It contains an appropriation;


10-1      (c) It requires a two-thirds vote of the Senate; or

10-2      (d) It is controversial in nature.

10-3      3.  A bill or joint resolution must be removed from the

10-4  Consent Calendar at the request of any Senator. A bill or joint

10-5  resolution so removed must be immediately placed on the Second

10-6  Reading File for consideration in the usual order of business.

10-7      4.  When the Consent Calendar is called, the bills remaining

10-8  on the Consent Calendar must be read by number and summary,

10-9  and the vote must be taken on their final passage as a group.

 

10-10  Rule No. 41.  Reading of Bills—General File.

10-11     1.  Upon reading of bills on the Second Reading File, Senate

10-12  and Assembly bills reported without amendments must be placed

10-13  on the General File.

10-14     2.  Only amendments proposed by the Committee of the Whole

10-15  or a Conference Committee may be considered.

10-16     3.  Amendments proposed by the Committee of the Whole and

10-17  reported with bills may be adopted by a majority vote of the

10-18  members present. Bills so amended must be reprinted, engrossed

10-19  or reengrossed, and placed on the General File. The File must be

10-20  posted in the Senate Chamber and made available to members of

10-21  the public each day by the Secretary.

 

10-22  Rule No. 42.  Reconsideration of Vote on Bill.

10-23     No motion to reconsider a vote is in order.

 

10-24  C.  Resolutions

 

10-25  Rule No. 43.  Treated as Bills.

10-26      Resolutions addressed to Congress, or to either House thereof,

10-27  or to the President of the United States, or the heads of any of the

10-28  national departments, or proposing amendments to the State

10-29  Constitution are subject, in all respects, to the foregoing rules

10-30  governing the course of bills. A joint resolution proposing an

10-31  amendment to the constitution shall be entered in the journal in its

10-32  entirety.

 

10-33  Rule No. 44.  Treated as Motions.

10-34      Resolutions, other than those referred to in Senate Rule No. 43

10-35  of the 19th Special Session of the Legislature, shall be treated as

10-36  motions in all proceedings of the Senate.

10-37  Rule No. 45.  Order of Business.

10-38     1.  Roll Call.

10-39     2.  Prayer and Pledge of Allegiance to the Flag.

10-40     3.  Reading and Approval of the Journal.

10-41     4.  Reports of the Committee of the Whole.


11-1      5.  Messages from the Governor.

11-2      6.  Messages from the Assembly.

11-3      7.  Communications.

11-4      8.  [Reserved.]

11-5      9.  Motions, Resolutions and Notices.

11-6      10.  Introduction, First Reading and Reference.

11-7      11.  Consent Calendar.

11-8      12.  Second Reading and Amendment.

11-9      13.  General File and Third Reading.

11-10     14.  Unfinished Business.

11-11     15.  Special Orders of the Day.

11-12     16.  Remarks from the Floor; Introduction of Guests. A

11-13  member may speak under this order of business for a period of not

11-14  more than 5 minutes each day.

 

11-15  Rule No. 46.  Privilege.

11-16     Any Senator may rise and explain a matter personal to himself

11-17  by leave of the President, but he shall not discuss any pending

11-18  question in such explanation.

 

11-19  Rule No. 47.  Preference to Speak.

11-20     When two or more Senators rise at the same time the President

11-21  shall name the one who may first speak—giving preference, when

11-22  practicable, to the mover or introducer of the subject under

11-23  consideration.

 

11-24  Rule No. 48.  Special Order.

11-25     The President shall call the Senate to order on the arrival of

11-26  the time fixed for the consideration of a special order, and

11-27  announce that the special order is before the Senate, which shall

11-28  be considered, unless it be postponed by a two-thirds vote, and any

11-29  business before the Senate at the time of the announcement of the

11-30  special order shall go to Unfinished Business.

 

11-31  20~~~~~03