Senate Resolution No. 1–Senators Raggio and Titus

 

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

 

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

1-22   leave 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

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

2-34   absentees shall again be called over. The doors shall then be

2-35   closed and the Sergeant at Arms directed to take into custody all

2-36   who may be absent without leave, and all Senators so taken into

2-37   custody shall be presented at the bar of the Senate for such action

2-38   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

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

3-4   Senator or officer shall so absent himself, his per diem shall not

3-5   be allowed him.

 

3-6  Rule No. 9.  Open Meetings.

3-7  1.  Except as otherwise provided in the Constitution of the

3-8   State of Nevada and in subsection 2 of this rule, all meetings of

3-9   the Senate and the Committee of the Whole must be open to the

3-10   public.

3-11      2.  A meeting may be closed to consider the character, alleged

3-12   misconduct, professional competence, or physical or mental

3-13   health of a person.

 

3-14  IV.  DECORUM AND DEBATE

 

3-15  Rule No. 10.  Points of Order.

3-16      1.  If any Senator, in speaking or otherwise, transgresses the

3-17   rules of the Senate, the President shall, or any Senator may, call

3-18   him to order. If a Senator is so called to order, he shall not

3-19   proceed without leave of the Senate. If such leave is granted, it

3-20   must be upon the motion, “That he be allowed to proceed in

3-21   order,” and the Senator shall confine himself to the question

3-22   under consideration and avoid personality.

3-23      2.  Every decision of points of order made by the President is

3-24   subject to appeal, and a discussion of a question of order may be

3-25   allowed only upon the appeal of two Senators. In all cases of

3-26   appeal, the question must be, “Shall the decision of the Chair

3-27   stand as the judgment of the Senate?”

 

3-28  Rule No. 11.  Breaches of Decorum.

3-29      1.  In cases of breaches of decorum or propriety, any Senator,

3-30   officer or other person is liable to such censure or punishment as

3-31   the Senate may deem proper.

3-32      2.  If any Senator is called to order for offensive or indecorous

3-33   language or conduct, the person calling him to order shall report

3-34   the offensive or indecorous language or conduct to the presiding

3-35   officer. No member may be held to answer for any language used

3-36   on the floor of the Senate if business has intervened before

3-37   exception to the language was taken.

3-38      3.  Indecorous conduct or boisterous or unbecoming language

3-39   is not permitted in the Senate Chamber.

 

 

 


4-1  V.  QUORUM, VOTING, ELECTIONS

 

4-2  Rule No. 12.  Action Required to be Taken in Senate Chamber.

4-3  Any action taken by the Senate must be taken in the Senate

4-4   Chamber.

 

4-5  Rule No. 13.  Recorded Vote—Three Required to Call For.

4-6  1.  A recorded vote must be taken upon final passage of a bill

4-7   or joint resolution, and in any other case when called for by three

4-8   members. Every Senator within the bar of the Senate shall vote

4-9   “aye” or “no” or record himself as “not voting,” unless excused

4-10   by unanimous vote of the Senate.

4-11      2.  The votes and names of those absent or recorded as “not

4-12   voting” and the names of Senators demanding the recorded vote

4-13   must be entered in the Journal.

 

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

4-15      A question is lost by a tie vote, but when the Senate is equally

4-16   divided on any question except the passage of a bill or joint

4-17   resolution, the President may give the deciding vote.

 

4-18  Rule No. 15.  Manner of Election—Voting.

4-19      1.  In all cases of election by the Senate, the vote must be

4-20   taken viva voce. In other cases, if a vote is to be recorded, it may

4-21   be taken by oral roll-call or by electronic recording.

4-22      2.  When a recorded vote is taken, no Senator may:

4-23      (a) Vote except when at his seat;

4-24      (b) Vote upon any question in which he is in any way

4-25   personally or directly interested;

4-26      (c) Explain his vote or discuss the question while the voting is

4-27   in progress; or

4-28      (d) Change his vote after the result is announced.

4-29      3.  The announcement of the result of any vote must not be

4-30   postponed.

 

4-31  VI.  LEGISLATIVE BODIES

 

4-32  Rule No. 16.  Committee of the Whole.

4-33      1.  All bills and resolutions may be referred only to the

4-34   Committee of the Whole.

4-35      2.  The Majority Leader shall preside as Chairman of the

4-36   Committee or name a Chairman to preside.

4-37      3.  Any meeting of the Committee of the Whole may be

4-38   conducted outside the Senate Chamber, as designated by the

4-39   Chairman of the Committee.


5-1  4.  A member of the Committee may speak only once on an

5-2  item listed on the Committee’s agenda, for a period of not more

5-3   than 10 minutes, unless he is granted leave of the Chairman to

5-4   speak for a longer period or more than once. If a member is

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

5-6   Chairman may limit the length of additional time that the member

5-7   may speak.

5-8  5.  The Chairman may require any vote of the Committee to

5-9   be recorded in the manner designated by the Chairman.

5-10      6.  All amendments proposed by the Committee:

5-11      (a) Must first be approved by the Committee.

5-12      (b) Must be reported by the Chairman to the Senate.

5-13      7.  The minutes of the Committee’s meetings must be entered

5-14   in the final Journal.

 

5-15  Rule No. 17.  Rules Applicable to Committee of the Whole.

5-16      The Rules of the Senate shall apply to proceedings in

5-17   Committee of the Whole, except that the previous question shall

5-18   not be ordered. The rules of parliamentary practice contained in

5-19   Mason’s Manual of Legislative Procedure shall govern the

5-20   Committee in all cases in which they are applicable and in which

5-21   they are not inconsistent with the rules and orders of the Senate.

 

5-22  Rule No. 18.  Motion to Rise Committee of the Whole.

5-23      A motion that the Committee rise shall always be in order, and

5-24   shall be decided without debate.

 

5-25  VII.  RULES GOVERNING MOTIONS

 

5-26  A.  Motions Generally

 

5-27  Rule No. 19.  Entertaining.

5-28      1.  No motion may be debated until it is announced by the

5-29   President.

5-30      2.  By consent of the Senate, a motion may be withdrawn

5-31   before amendment or decision.

 

5-32  Rule No. 20.  Precedence of Motions.

5-33      When a question is under debate, no motion shall be received

5-34   but the following, which shall have precedence in the order

5-35   named:

5-36      1.  To adjourn.

5-37      2.  For a call of the Senate.

5-38      3.  To lay on the table.

5-39      4.  For the previous question.

5-40      5.  To postpone to a day certain.


6-1  6.  To commit.

6-2  7.  To amend.

6-3  8.  To postpone indefinitely.

6-4  The first four shall be decided without debate.

 

6-5  Rule No. 21.  When Not Entertained.

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

6-7   to postpone indefinitely has been decided, it must not be again

6-8   entertained on the same day.

6-9  2.  When a question has been postponed indefinitely, it must

6-10   not again be introduced during the Special Session.

6-11      3.  There must be no reconsideration of a vote on a motion to

6-12   postpone indefinitely.

 

6-13  B.  Particular Motions

 

6-14  Rule No. 22.  To Adjourn.

6-15      A motion to adjourn shall always be in order. The name of the

6-16   Senator moving to adjourn, and the time when the motion was

6-17   made, shall be entered in the Journal.

 

6-18  Rule No. 23.  Lay on the Table.

6-19      A motion to lay on or take from the table shall be carried by a

6-20   majority vote.

 

6-21  Rule No. 24.  To Strike Enacting Clause.

6-22      A motion to strike out the enacting clause of a bill or resolution

6-23   has precedence over a motion to commit or amend. If a motion to

6-24   strike out the enacting clause of a bill or resolution is carried, the

6-25   bill or resolution is rejected.

 

6-26  Rule No. 25.  Division of Question.

6-27      1.  Any Senator may call for a division of a question.

6-28      2.  A question must be divided if it embraces subjects so

6-29   distinct that if one subject is taken away, a substantive proposition

6-30   remains for the decision of the Senate.

6-31      3.  A motion to strike out and insert must not be divided.

 

6-32  Rule No. 26.  Explanation of Motion.

6-33      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

6-34   bill or resolution, he shall describe the subject of the bill or

6-35   resolution and state the reasons for his requesting the change in

6-36   the processing of the bill or resolution.

 

 

 


7-1  VIII.  DEBATE

 

7-2  Rule No. 27.  Speaking on Question.

7-3  1.  Every Senator who speaks shall, standing in his place,

7-4   address “Mr. or Madam President,” in a courteous manner, and

7-5   shall confine himself to the question before the Senate. When he

7-6   has finished, he shall sit down.

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

7-8   45 of the 20th Special Session of the Legislature, a Senator may

7-9   speak only once on a question before the Senate, for a period of

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

7-11   President to speak for a longer period or more than once. If a

7-12   Senator is granted leave to speak for a longer period or more than

7-13   once, the President may limit the length of additional time that

7-14   the member may speak.

7-15      3.  Incidental and subsidiary questions arising during debate

7-16   shall not be considered the same question.

 

7-17  Rule No. 28.  Previous Question.

7-18      The previous question shall not be put unless demanded by

7-19   three Senators, and it shall be in this form: “Shall the main

7-20   question be now put?” When sustained by a majority of Senators

7-21   present it shall put an end to all debate and bring the Senate to a

7-22   vote on the question or questions before it, and all incidental

7-23   questions arising after the motion was made shall be decided

7-24   without debate. A person who is speaking on a question shall not

7-25   while he has the floor move to put that question.

 

7-26  IX.  CONDUCT OF BUSINESS

 

7-27  A.  Generally

 

7-28  Rule No. 29.  Mason’s Manual.

7-29      The rules of parliamentary practice contained in Mason’s

7-30   Manual of Legislative Procedure shall govern the Senate in all

7-31   cases in which they are applicable and in which they are not

7-32   inconsistent with the rules and orders of the Senate for the 20th

7-33   Special Session of the Legislature, and the Joint Rules of the

7-34   Senate and Assembly for the 20th Special Session of the

7-35   Legislature.

 

7-36  Rule No. 30.  Suspension of Rule.

7-37      No rule or order of the Senate for the 20th Special Session of

7-38   the Legislature shall be rescinded or changed without a majority

7-39   vote of the Senate; but, except as otherwise provided in Senate

7-40   Rule No. 39 of the 20th Special Session of the Legislature, a rule


8-1  or order may be temporarily suspended for a special purpose by a

8-2  majority vote of the members present. When the suspension of a

8-3   rule is called for, and after due notice from the President no

8-4   objection is offered, he can announce the rule suspended and the

8-5   Senate may proceed accordingly; but this shall not apply to that

8-6   portion of Senate Rule No. 39 of the 20th Special Session of the

8-7   Legislature relating to the third reading of bills, which cannot be

8-8   suspended.

 

8-9  Rule No. 31.  Protest.

8-10      Any Senator, or Senators, may protest against the action of the

8-11   Senate upon any question, and have such protest entered in the

8-12   Journal.

 

8-13  Rule No. 32.  Privilege of the Floor.

8-14      1.  To preserve decorum and facilitate the business of the

8-15   Senate, only the following persons may be present on the floor of

8-16   the Senate during formal sessions:

8-17      (a) State officers;

8-18      (b) Officers and members of the Senate;

8-19      (c) Employees of the Legislative Counsel Bureau;

8-20      (d) Attaches and employees of the Senate; and

8-21      (e) Members of the Assembly whose presence is required for

8-22   the transaction of business.

8-23      2.  Guests of Senators must be seated in a section of the upper

8-24   or lower gallery of the Senate Chamber to be specially designated

8-25   by the Sergeant at Arms. The Majority Leader may specify special

8-26   occasions when guests may be seated on the floor of the Senate

8-27   with a Senator.

8-28      3.  A majority of Senators may authorize the President to have

8-29   the Senate Chamber cleared of all persons except Senators and

8-30   officers of the Senate.

8-31      4.  The Senate Chamber may not be used for any business

8-32   other than legislative business during a legislative session.

 

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

8-34      1.  Only the Sergeant at Arms and officers and employees of

8-35   the Senate may place papers, letters, notes, pamphlets and other

8-36   written material upon a Senator’s desk. Such material must

8-37   contain the name of the Legislator requesting the placement of

8-38   the material on the desk or a designation of the origin of the

8-39   material.

8-40      2.  This rule does not apply to books containing the legislative

8-41   bills and resolutions, the daily histories and daily journals of the

8-42   Senate or Assembly, or Legislative Counsel Bureau material.

 

 


9-1  Rule No. 34.  Petitions and Memorials.

9-2  The contents of any petition or memorial shall be briefly stated

9-3   by the President or any Senator presenting it. It shall then lie on

9-4   the table or be referred, as the President or Senate may direct.

 

9-5  Rule No. 35.  Objection to Reading of Paper.

9-6  Where the reading of any paper is called for, and is objected to

9-7   by any Senator, it shall be determined by a vote of the Senate, and

9-8   without debate.

 

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

9-10      All questions relating to the priority of business shall be

9-11   decided without debate.

 

9-12  B.  Bills

 

9-13  Rule No. 37.  Requests for the Drafting of Bills, Resolutions and

9-14   Amendments.

9-15      The Legislative Counsel shall not honor a request for the

9-16   drafting of a bill, resolution or amendment to be introduced in the

9-17   Senate unless it is submitted by the Committee of the Whole, a

9-18   Conference Committee or the Governor.

 

 

9-19  Rule No. 38.  Introduction of Bills.

9-20      1.  Except as otherwise provided in this rule, no bill or

9-21   resolution may be introduced in the Senate unless it is first

9-22   approved by the Committee of the Whole.

9-23      2.  The provisions of subsection 1 do not apply to a bill or

9-24   resolution that is:

9-25      (a) Required to carry out the business of the Senate or the

9-26   Legislature; or

9-27      (b) Requested by the Governor.

9-28      3.  Skeleton bills may not be introduced.

 

9-29  Rule No. 39.  Reading of Bills.

9-30      1.  Every bill must receive three readings before its passage,

9-31   unless, in case of emergency, this rule is suspended by a two

9-32  -thirds vote of the members elected to the Senate.

9-33      2.  The first reading of a bill is for information, and if there is

9-34   opposition to the bill, the question must be, “Shall this bill receive

9-35   no further consideration?” If there is no opposition to the bill, or

9-36   if the question to reject is defeated, the bill must then take the

9-37   usual course.

 


10-1      3.  No bill may be committed until once read, nor amended

10-2  until twice read.

10-3      4.  The third reading of every bill must be by sections.

 

10-4  Rule No. 40.  Second Reading File—Consent Calendar.

10-5      1.  All bills or joint resolutions reported by the Committee of

10-6   the Whole must be placed on a Second Reading File unless

10-7   recommended for placement on the Consent Calendar.

10-8      2.  The Committee of the Whole shall not recommend a bill or

10-9   joint resolution for placement on the Consent Calendar if:

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

10-11   recommended;

10-12     (b) It contains an appropriation;

10-13     (c) It requires a two-thirds vote of the Senate; or

10-14     (d) It is controversial in nature.

10-15     3.  A bill or joint resolution must be removed from the

10-16   Consent Calendar at the request of any Senator. A bill or joint

10-17   resolution so removed must be immediately placed on the Second

10-18   Reading File for consideration in the usual order of business.

10-19     4.  When the Consent Calendar is called, the bills remaining

10-20   on the Consent Calendar must be read by number and summary,

10-21   and the vote must be taken on their final passage as a group.

 

10-22  Rule No. 41.  Reading of Bills—General File.

10-23     1.  Upon reading of bills on the Second Reading File, Senate

10-24   and Assembly bills reported without amendments must be placed

10-25   on the General File.

10-26     2.  Only amendments proposed by the Committee of the Whole

10-27   or a Conference Committee may be considered.

10-28     3.  Amendments proposed by the Committee of the Whole and

10-29   reported with bills may be adopted by a majority vote of the

10-30   members present. Bills so amended must be reprinted, engrossed

10-31   or reengrossed, and placed on the General File. The File must be

10-32   posted in the Senate Chamber and made available to members of

10-33   the public each day by the Secretary.

 

10-34  Rule No. 42.  Reconsideration of Vote on Bill.

10-35     No motion to reconsider a vote is in order.

 

10-36  C.  Resolutions

 

10-37  Rule No. 43.  Treated as Bills.

10-38      Resolutions addressed to Congress, or to either House thereof,

10-39   or to the President of the United States, or the heads of any of the

10-40   national departments, or proposing amendments to the State

10-41   Constitution are subject, in all respects, to the foregoing rules


11-1  governing the course of bills. A joint resolution proposing an

11-2  amendment to the constitution shall be entered in the journal in its

11-3   entirety.

 

11-4  Rule No. 44.  Treated as Motions.

11-5      Resolutions, other than those referred to in Senate Rule No. 43

11-6   of the 20th Special Session of the Legislature, shall be treated as

11-7   motions in all proceedings of the Senate.

 

11-8  Rule No. 45.  Order of Business.

11-9      1.  Roll Call.

11-10     2.  Prayer and Pledge of Allegiance to the Flag.

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

11-12     4.  Reports of the Committee of the Whole.

11-13     5.  Messages from the Governor.

11-14     6.  Messages from the Assembly.

11-15     7.  Communications.

11-16     8.  [Reserved.]

11-17     9.  Motions, Resolutions and Notices.

11-18     10.  Introduction, First Reading and Reference.

11-19     11.  Consent Calendar.

11-20     12.  Second Reading and Amendment.

11-21     13.  General File and Third Reading.

11-22     14.  Unfinished Business.

11-23     15.  Special Orders of the Day.

11-24     16.  Remarks from the Floor; Introduction of Guests. A

11-25   member may speak under this order of business for a period of

11-26   not more than 5 minutes each day.

 

11-27  Rule No. 46.  Privilege.

11-28     Any Senator may rise and explain a matter personal to himself

11-29   by leave of the President, but he shall not discuss any pending

11-30   question in such explanation.

 

11-31  Rule No. 47.  Preference to Speak.

11-32     When two or more Senators rise at the same time the President

11-33   shall name the one who may first speak—giving preference, when

11-34   practicable, to the mover or introducer of the subject under

11-35   consideration.

 

11-36  Rule No. 48.  Special Order.

11-37     The President shall call the Senate to order on the arrival of

11-38   the time fixed for the consideration of a special order, and

11-39   announce that the special order is before the Senate, which shall

11-40   be considered, unless it be postponed by a two-thirds vote, and any


12-1  business before the Senate at the time of the announcement of the

12-2  special order shall go to Unfinished Business.

 

12-3  20~~~~~03