Senate Resolution No. 1–Senators Raggio and Titus

 

June 25, 2003

____________

 

Read and Adopted

 

SUMMARY—Adopts Rules of Senate for 20th Special Session of Legislature. (BDR R‑2)

 

~

 

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 20th 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 20th 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 20th Special Session of the

1-7  Legislature are applicable only during the 20th 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

2-1  of the Senate. He shall sign all acts, addresses and joint

2-2  resolutions, and all writs, warrants and subpoenas issued by order

2-3  of the Senate; all of which must be attested by the Secretary. He

2-4  has general direction of the Senate Chamber.

 

2-5  Rule No. 3.  President Pro Tem.

2-6  The President Pro Tem has all the power and shall discharge

2-7  all the duties of the President during his absence or inability to

2-8  discharge the duties of his office. In the absence or inability of the

2-9  President Pro Tem to discharge the duties of the President’s

2-10  office, the Senate shall elect one of its members as the presiding

2-11  officer for that occasion.

 

2-12  Rule No. 4.  Secretary.

2-13      1.  The Secretary of the Senate is elected by the Senate, and

2-14  shall:

2-15      (a) Interview and recommend persons to be considered for

2-16  employment to assist the Secretary.

2-17      (b) See that these employees perform their respective duties.

2-18      (c) Administer the daily business of the Senate, including the

2-19  provision of secretaries as needed.

2-20      (d) Unless otherwise ordered by the Senate, transmit as soon

2-21  as practicable those bills and resolutions upon which the next

2-22  action is to be taken by the Assembly.

2-23      2.  The Secretary is responsible to the Majority Leader.

 

2-24  Rule No. 5.  Sergeant at Arms.

2-25      1.  The Sergeant at Arms shall attend the Senate during its

2-26  sittings, and execute its commands and all process issued by its

2-27  authority. He must be sworn to keep the secrets of the Senate.

2-28      2.  The Sergeant at Arms shall:

2-29      (a) Superintend the upkeep of the Senate’s Chamber, private

2-30  lounge, and meeting rooms.

2-31      (b) Interview and recommend persons to be considered for

2-32  employment to assist the Sergeant at Arms.

2-33      3.  The Sergeant at Arms is responsible to the Majority

2-34  Leader.

 

2-35  Rule No. 6.  Assistant Sergeant at Arms.

2-36      The Assistant Sergeant at Arms shall be doorkeeper and shall

2-37  preserve order in the Senate Chamber and shall assist the

2-38  Sergeant at Arms. He shall be sworn to keep the secrets of the

2-39  Senate.

 

 

3-1  III.  SESSIONS AND MEETINGS

 

3-2  Rule No. 7.  Call of Senate—Moved by Three Members.

3-3  A Call of the Senate may be moved by three Senators, and if

3-4  carried by a majority of all present, the Secretary shall call the roll

3-5  and note the absentees, after which the names of the absentees

3-6  shall again be called over. The doors shall then be closed and the

3-7  Sergeant at Arms directed to take into custody all who may be

3-8  absent without leave, and all Senators so taken into custody shall

3-9  be presented at the bar of the Senate for such action as to the

3-10  Senate may seem proper.

 

3-11  Rule No. 8.  Absence—Leave Required.

3-12      No Senator shall absent himself from the service of the Senate

3-13  without leave, except in case of accident or sickness, and, if any

3-14  Senator or officer shall so absent himself, his per diem shall not

3-15  be allowed him.

 

3-16  Rule No. 9.  Open Meetings.

3-17      1.  Except as otherwise provided in the Constitution of the

3-18  State of Nevada and in subsection 2 of this rule, all meetings of

3-19  the Senate and the Committee of the Whole must be open to the

3-20  public.

3-21      2.  A meeting may be closed to consider the character, alleged

3-22  misconduct, professional competence, or physical or mental health

3-23  of a person.

 

3-24  IV.  DECORUM AND DEBATE

 

3-25  Rule No. 10.  Points of Order.

3-26      1.  If any Senator, in speaking or otherwise, transgresses the

3-27  rules of the Senate, the President shall, or any Senator may, call

3-28  him to order. If a Senator is so called to order, he shall not

3-29  proceed without leave of the Senate. If such leave is granted, it

3-30  must be upon the motion, “That he be allowed to proceed in

3-31  order,” and the Senator shall confine himself to the question

3-32  under consideration and avoid personality.

3-33      2.  Every decision of points of order made by the President is

3-34  subject to appeal, and a discussion of a question of order may be

3-35  allowed only upon the appeal of two Senators. In all cases of

3-36  appeal, the question must be, “Shall the decision of the Chair

3-37  stand as the judgment of the Senate?”

 

 

 

4-1  Rule No. 11.  Breaches of Decorum.

4-2  1.  In cases of breaches of decorum or propriety, any Senator,

4-3  officer or other person is liable to such censure or punishment as

4-4  the Senate may deem proper.

4-5  2.  If any Senator is called to order for offensive or indecorous

4-6  language or conduct, the person calling him to order shall report

4-7  the offensive or indecorous language or conduct to the presiding

4-8  officer. No member may be held to answer for any language used

4-9  on the floor of the Senate if business has intervened before

4-10  exception to the language was taken.

4-11      3.  Indecorous conduct or boisterous or unbecoming language

4-12  is not permitted in the Senate Chamber.

 

4-13  V.  QUORUM, VOTING, ELECTIONS

 

4-14  Rule No. 12.  Action Required to be Taken in Senate Chamber.

4-15      Any action taken by the Senate must be taken in the Senate

4-16  Chamber.

 

4-17  Rule No. 13.  Recorded Vote—Three Required to Call For.

4-18      1.  A recorded vote must be taken upon final passage of a bill

4-19  or joint resolution, and in any other case when called for by three

4-20  members. Every Senator within the bar of the Senate shall vote

4-21  “aye” or “no” or record himself as “not voting,” unless excused

4-22  by unanimous vote of the Senate.

4-23      2.  The votes and names of those absent or recorded as “not

4-24  voting” and the names of Senators demanding the recorded vote

4-25  must be entered in the Journal.

 

4-26  Rule No. 14.  President to Decide—Tie Vote.

4-27      A question is lost by a tie vote, but when the Senate is equally

4-28  divided on any question except the passage of a bill or joint

4-29  resolution, the President may give the deciding vote.

 

4-30  Rule No. 15.  Manner of Election—Voting.

4-31      1.  In all cases of election by the Senate, the vote must be

4-32  taken viva voce. In other cases, if a vote is to be recorded, it may

4-33  be taken by oral roll-call or by electronic recording.

4-34      2.  When a recorded vote is taken, no Senator may:

4-35      (a) Vote except when at his seat;

4-36      (b) Vote upon any question in which he is in any way

4-37  personally or directly interested;

 

 

5-1  (c) Explain his vote or discuss the question while the voting is

5-2  in progress; or

5-3  (d) Change his vote after the result is announced.

5-4  3.  The announcement of the result of any vote must not be

5-5  postponed.

 

5-6  VI.  LEGISLATIVE BODIES

 

5-7  Rule No. 16.  Committee of the Whole.

5-8  1.  All bills and resolutions may be referred only to the

5-9  Committee of the Whole.

5-10      2.  The Majority Leader shall preside as Chairman of the

5-11  Committee or name a Chairman to preside.

5-12      3.  Any meeting of the Committee of the Whole may be

5-13  conducted outside the Senate Chamber, as designated by the

5-14  Chairman of the Committee.

5-15      4.  A member of the Committee may speak only once on an

5-16  item listed on the Committee’s agenda, for a period of not more

5-17  than 10 minutes, unless he is granted leave of the Chairman to

5-18  speak for a longer period or more than once. If a member is

5-19  granted leave to speak for a longer period or more than once, the

5-20  Chairman may limit the length of additional time that the member

5-21  may speak.

5-22      5.  The Chairman may require any vote of the Committee to

5-23  be recorded in the manner designated by the Chairman.

5-24      6.  All amendments proposed by the Committee:

5-25      (a) Must first be approved by the Committee.

5-26      (b) Must be reported by the Chairman to the Senate.

5-27      7.  The minutes of the Committee’s meetings must be entered

5-28  in the final Journal.

 

5-29  Rule No. 17.  Rules Applicable to Committee of the Whole.

5-30      The Rules of the Senate shall apply to proceedings in

5-31  Committee of the Whole, except that the previous question shall

5-32  not be ordered. The rules of parliamentary practice contained in

5-33  Mason’s Manual of Legislative Procedure shall govern the

5-34  Committee in all cases in which they are applicable and in which

5-35  they are not inconsistent with the rules and orders of the Senate.

 

5-36  Rule No. 18.  Motion to Rise Committee of the Whole.

5-37      A motion that the Committee rise shall always be in order, and

5-38  shall be decided without debate.

 

 

 

6-1  VII.  RULES GOVERNING MOTIONS

 

6-2  A.  Motions Generally

 

6-3  Rule No. 19.  Entertaining.

6-4  1.  No motion may be debated until it is announced by the

6-5  President.

6-6  2.  By consent of the Senate, a motion may be withdrawn

6-7  before amendment or decision.

 

6-8  Rule No. 20.  Precedence of Motions.

6-9  When a question is under debate, no motion shall be received

6-10  but the following, which shall have precedence in the order

6-11  named:

6-12      1.  To adjourn.

6-13      2.  For a call of the Senate.

6-14      3.  To lay on the table.

6-15      4.  For the previous question.

6-16      5.  To postpone to a day certain.

6-17      6.  To commit.

6-18      7.  To amend.

6-19      8.  To postpone indefinitely.

6-20  The first four shall be decided without debate.

 

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

6-22      1.  When a motion to commit, to postpone to a day certain, or

6-23  to postpone indefinitely has been decided, it must not be again

6-24  entertained on the same day.

6-25      2.  When a question has been postponed indefinitely, it must

6-26  not again be introduced during the Special Session.

6-27      3.  There must be no reconsideration of a vote on a motion to

6-28  postpone indefinitely.

 

6-29  B.  Particular Motions

 

6-30  Rule No. 22.  To Adjourn.

6-31      A motion to adjourn shall always be in order. The name of the

6-32  Senator moving to adjourn, and the time when the motion was

6-33  made, shall be entered in the Journal.

 

6-34  Rule No. 23.  Lay on the Table.

6-35      A motion to lay on or take from the table shall be carried by a

6-36  majority vote.

 

 

7-1  Rule No. 24.  To Strike Enacting Clause.

7-2  A motion to strike out the enacting clause of a bill or resolution

7-3  has precedence over a motion to commit or amend. If a motion to

7-4  strike out the enacting clause of a bill or resolution is carried, the

7-5  bill or resolution is rejected.

 

7-6  Rule No. 25.  Division of Question.

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

7-8  2.  A question must be divided if it embraces subjects so

7-9  distinct that if one subject is taken away, a substantive proposition

7-10  remains for the decision of the Senate.

7-11      3.  A motion to strike out and insert must not be divided.

 

7-12  Rule No. 26.  Explanation of Motion.

7-13      Whenever a Senator moves to change the usual disposition of a

7-14  bill or resolution, he shall describe the subject of the bill or

7-15  resolution and state the reasons for his requesting the change in

7-16  the processing of the bill or resolution.

 

7-17  VIII.  DEBATE

 

7-18  Rule No. 27.  Speaking on Question.

7-19      1.  Every Senator who speaks shall, standing in his place,

7-20  address “Mr. or Madam President,” in a courteous manner, and

7-21  shall confine himself to the question before the Senate. When he

7-22  has finished, he shall sit down.

7-23      2.  Except as otherwise provided in Senate Rules Nos. 10 and

7-24  45 of the 20th Special Session of the Legislature, a Senator may

7-25  speak only once on a question before the Senate, for a period of

7-26  not more than 10 minutes, unless he is granted leave of the

7-27  President to speak for a longer period or more than once. If a

7-28  Senator is granted leave to speak for a longer period or more than

7-29  once, the President may limit the length of additional time that the

7-30  member may speak.

7-31      3.  Incidental and subsidiary questions arising during debate

7-32  shall not be considered the same question.

 

7-33  Rule No. 28.  Previous Question.

7-34      The previous question shall not be put unless demanded by

7-35  three Senators, and it shall be in this form: “Shall the main

7-36  question be now put?” When sustained by a majority of Senators

7-37  present it shall put an end to all debate and bring the Senate to a

7-38  vote on the question or questions before it, and all incidental

7-39  questions arising after the motion was made shall be decided

8-1  without debate. A person who is speaking on a question shall not

8-2  while he has the floor move to put that question.

 

8-3  IX.  CONDUCT OF BUSINESS

 

8-4  A.  Generally

 

8-5  Rule No. 29.  Mason’s Manual.

8-6  The rules of parliamentary practice contained in Mason’s

8-7  Manual of Legislative Procedure shall govern the Senate in all

8-8  cases in which they are applicable and in which they are not

8-9  inconsistent with the rules and orders of the Senate for the 20th

8-10  Special Session of the Legislature, and the Joint Rules of the

8-11  Senate and Assembly for the 20th Special Session of the

8-12  Legislature.

 

8-13  Rule No. 30.  Suspension of Rule.

8-14      No rule or order of the Senate for the 20th Special Session of

8-15  the Legislature shall be rescinded or changed without a majority

8-16  vote of the Senate; but, except as otherwise provided in Senate

8-17  Rule No. 39 of the 20th Special Session of the Legislature, a rule

8-18  or order may be temporarily suspended for a special purpose by a

8-19  majority vote of the members present. When the suspension of a

8-20  rule is called for, and after due notice from the President no

8-21  objection is offered, he can announce the rule suspended and the

8-22  Senate may proceed accordingly; but this shall not apply to that

8-23  portion of Senate Rule No. 39 of the 20th Special Session of the

8-24  Legislature relating to the third reading of bills, which cannot be

8-25  suspended.

 

8-26  Rule No. 31.  Protest.

8-27      Any Senator, or Senators, may protest against the action of the

8-28  Senate upon any question, and have such protest entered in the

8-29  Journal.

 

8-30  Rule No. 32.  Privilege of the Floor.

8-31      1.  To preserve decorum and facilitate the business of the

8-32  Senate, only the following persons may be present on the floor of

8-33  the Senate during formal sessions:

8-34      (a) State officers;

8-35      (b) Officers and members of the Senate;

8-36      (c) Employees of the Legislative Counsel Bureau;

8-37      (d) Attaches and employees of the Senate; and

8-38      (e) Members of the Assembly whose presence is required for

8-39  the transaction of business.

9-1  2.  Guests of Senators must be seated in a section of the upper

9-2  or lower gallery of the Senate Chamber to be specially designated

9-3  by the Sergeant at Arms. The Majority Leader may specify special

9-4  occasions when guests may be seated on the floor of the Senate

9-5  with a Senator.

9-6  3.  A majority of Senators may authorize the President to have

9-7  the Senate Chamber cleared of all persons except Senators and

9-8  officers of the Senate.

9-9  4.  The Senate Chamber may not be used for any business

9-10  other than legislative business during a legislative session.

 

9-11  Rule No. 33.  Material Placed on Legislators’ Desks.

9-12      1.  Only the Sergeant at Arms and officers and employees of

9-13  the Senate may place papers, letters, notes, pamphlets and other

9-14  written material upon a Senator’s desk. Such material must

9-15  contain the name of the Legislator requesting the placement of the

9-16  material on the desk or a designation of the origin of the material.

9-17      2.  This rule does not apply to books containing the legislative

9-18  bills and resolutions, the daily histories and daily journals of the

9-19  Senate or Assembly, or Legislative Counsel Bureau material.

 

9-20  Rule No. 34.  Petitions and Memorials.

9-21      The contents of any petition or memorial shall be briefly stated

9-22  by the President or any Senator presenting it. It shall then lie on

9-23  the table or be referred, as the President or Senate may direct.

 

9-24  Rule No. 35.  Objection to Reading of Paper.

9-25      Where the reading of any paper is called for, and is objected to

9-26  by any Senator, it shall be determined by a vote of the Senate, and

9-27  without debate.

 

9-28  Rule No. 36.  Questions Relating to Priority of Business.

9-29      All questions relating to the priority of business shall be

9-30  decided without debate.

 

9-31  B.  Bills

 

9-32  Rule No. 37.  Requests for the Drafting of Bills, Resolutions and

9-33  Amendments.

9-34      The Legislative Counsel shall not honor a request for the

9-35  drafting of a bill, resolution or amendment to be introduced in the

9-36  Senate unless it is submitted by the Committee of the Whole, a

9-37  Conference Committee or the Governor.

 

 

10-1  Rule No. 38.  Introduction of Bills.

10-2      1.  Except as otherwise provided in this rule, no bill or

10-3  resolution may be introduced in the Senate unless it is first

10-4  approved by the Committee of the Whole.

10-5      2.  The provisions of subsection 1 do not apply to a bill or

10-6  resolution that is:

10-7      (a) Required to carry out the business of the Senate or the

10-8  Legislature; or

10-9      (b) Requested by the Governor.

10-10     3.  Skeleton bills may not be introduced.

 

10-11  Rule No. 39.  Reading of Bills.

10-12     1.  Every bill must receive three readings before its passage,

10-13  unless, in case of emergency, this rule is suspended by a two-thirds

10-14  vote of the members elected to the Senate.

10-15     2.  The first reading of a bill is for information, and if there is

10-16  opposition to the bill, the question must be, “Shall this bill receive

10-17  no further consideration?” If there is no opposition to the bill, or

10-18  if the question to reject is defeated, the bill must then take the

10-19  usual course.

10-20     3.  No bill may be committed until once read, nor amended

10-21  until twice read.

10-22     4.  The third reading of every bill must be by sections.

 

10-23  Rule No. 40.  Second Reading File—Consent Calendar.

10-24     1.  All bills or joint resolutions reported by the Committee of

10-25  the Whole must be placed on a Second Reading File unless

10-26  recommended for placement on the Consent Calendar.

10-27     2.  The Committee of the Whole shall not recommend a bill or

10-28  joint resolution for placement on the Consent Calendar if:

10-29     (a) An amendment of the bill or joint resolution is

10-30  recommended;

10-31     (b) It contains an appropriation;

10-32     (c) It requires a two-thirds vote of the Senate; or

10-33     (d) It is controversial in nature.

10-34     3.  A bill or joint resolution must be removed from the

10-35  Consent Calendar at the request of any Senator. A bill or joint

10-36  resolution so removed must be immediately placed on the Second

10-37  Reading File for consideration in the usual order of business.

10-38     4.  When the Consent Calendar is called, the bills remaining

10-39  on the Consent Calendar must be read by number and summary,

10-40  and the vote must be taken on their final passage as a group.

 

 

 

11-1  Rule No. 41.  Reading of Bills—General File.

11-2      1.  Upon reading of bills on the Second Reading File, Senate

11-3  and Assembly bills reported without amendments must be placed

11-4  on the General File.

11-5      2.  Only amendments proposed by the Committee of the Whole

11-6  or a Conference Committee may be considered.

11-7      3.  Amendments proposed by the Committee of the Whole and

11-8  reported with bills may be adopted by a majority vote of the

11-9  members present. Bills so amended must be reprinted, engrossed

11-10  or reengrossed, and placed on the General File. The File must be

11-11  posted in the Senate Chamber and made available to members of

11-12  the public each day by the Secretary.

 

11-13  Rule No. 42.  Reconsideration of Vote on Bill.

11-14     No motion to reconsider a vote is in order.

 

11-15  C.  Resolutions

 

11-16  Rule No. 43.  Treated as Bills.

11-17     Resolutions addressed to Congress, or to either House thereof,

11-18  or to the President of the United States, or the heads of any of the

11-19  national departments, or proposing amendments to the State

11-20  Constitution are subject, in all respects, to the foregoing rules

11-21  governing the course of bills. A joint resolution proposing an

11-22  amendment to the constitution shall be entered in the journal in its

11-23  entirety.

 

11-24  Rule No. 44.  Treated as Motions.

11-25     Resolutions, other than those referred to in Senate Rule No. 43

11-26  of the 20th Special Session of the Legislature, shall be treated as

11-27  motions in all proceedings of the Senate.

 

11-28  Rule No. 45.  Order of Business.

11-29     1.  Roll Call.

11-30     2.  Prayer and Pledge of Allegiance to the Flag.

11-31     3.  Reading and Approval of the Journal.

11-32     4.  Reports of the Committee of the Whole.

11-33     5.  Messages from the Governor.

11-34     6.  Messages from the Assembly.

11-35     7.  Communications.

11-36     8.  [Reserved.]

11-37     9.  Motions, Resolutions and Notices.

11-38     10.  Introduction, First Reading and Reference.

11-39     11.  Consent Calendar.

11-40     12.  Second Reading and Amendment.

12-1      13.  General File and Third Reading.

12-2      14.  Unfinished Business.

12-3      15.  Special Orders of the Day.

12-4      16.  Remarks from the Floor; Introduction of Guests. A

12-5  member may speak under this order of business for a period of not

12-6  more than 5 minutes each day.

 

12-7  Rule No. 46.  Privilege.

12-8      Any Senator may rise and explain a matter personal to himself

12-9  by leave of the President, but he shall not discuss any pending

12-10  question in such explanation.

 

12-11  Rule No. 47.  Preference to Speak.

12-12     When two or more Senators rise at the same time the President

12-13  shall name the one who may first speak—giving preference, when

12-14  practicable, to the mover or introducer of the subject under

12-15  consideration.

 

12-16  Rule No. 48.  Special Order.

12-17     The President shall call the Senate to order on the arrival of

12-18  the time fixed for the consideration of a special order, and

12-19  announce that the special order is before the Senate, which shall

12-20  be considered, unless it be postponed by a two-thirds vote, and any

12-21  business before the Senate at the time of the announcement of the

12-22  special order shall go to Unfinished Business.

 

 

 

12-23  H