Senate Resolution No. 1–Senators Raggio and Titus

Prefiled January 29, 1999

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SUMMARY—Adopts Standing Rules of Senate for 70th session of Legislature. (BDR R-1383)

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EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted. Green numbers along left margin indicate location on the printed bill (e.g., 5-15 indicates page 5, line 15).

 

SENATE RESOLUTIONAdopting the Standing Rules of the Senate for the 70th session of

the Legislature.

1-1 Resolved by the Senate of the State of Nevada, That the Senate

1-2 Standing Rules as amended by the 69th session are adopted, with the

1-3 following changes, as the Standing Rules of the Senate for the 70th session

1-4 of the Legislature:

1-5 I. OFFICERS AND EMPLOYEES

1-6 Duties of Officers

1-7 Rule No. 1. President.

1-8 The President shall take the chair and call the Senate to order precisely at

1-9 the hour appointed for meeting, and if a quorum is present shall cause the

1-10 Journal of the preceding day to be read. He shall preserve order and

1-11 decorum, and in case of any disturbance or disorderly conduct within the

1-12 Senate Chamber, shall order the Sergeant at Arms to suppress it, and may

1-13 order the arrest of any person creating any disturbance within the Senate

1-14 Chamber. He may speak to points of order in preference to members, rising

1-15 from his seat for that purpose, and shall decide questions of order without

1-16 debate, subject to an appeal to the Senate by two members, on which appeal

1-17 no member may speak more than once without leave of the Senate. He shall

1-18 sign all acts, addresses and joint resolutions, and all writs, warrants and

1-19 subpoenas issued by order of the Senate; all of which must be attested by

1-20 the Secretary. He has general direction of the Senate Chamber.

1-21 Rule No. 2. President pro Tem.

1-22 The President pro Tem has all the power and shall discharge all the

1-23 duties of the President during his absence or inability to discharge the

1-24 duties of his office. In the absence or inability of the President pro Tem to

2-1 discharge the duties of the President’s office, the Chairman of the

2-2 Committee on Legislative Affairs and Operations shall preside. In the

2-3 absence of the Chairman, the Vice Chairman of the Committee on

2-4 Legislative Affairs and Operations shall preside. In the absence of the Vice

2-5 Chairman of the Committee on Legislative Affairs and Operations, the

2-6 Senate shall elect one of its members as the presiding officer for that

2-7 occasion.

2-8 Rule No. 3. Secretary.

2-9 1. The Secretary of the Senate is elected by the Senate, and shall:

2-10 (a) Interview and recommend to the Committee on Legislative Affairs

2-11 and Operations persons to be considered for employment to assist the

2-12 Secretary.

2-13 (b) See that these employees perform their respective duties.

2-14 (c) Administer the daily business of the Senate, including the provision

2-15 of secretaries to its committees.

2-16 (d) Unless otherwise ordered by the Senate, transmit at the end of each

2-17 working day those bills and resolutions upon which the next action is to be

2-18 taken by the Assembly.

2-19 2. The Secretary is responsible to the [majority floor leader.] Majority

2-20 Leader.

2-21 Rule No. 4. Sergeant at Arms.

2-22 1. The Sergeant at Arms shall attend the Senate during its sittings, and

2-23 execute its commands and all process issued by its authority. He must be

2-24 sworn to keep the secrets of the Senate.

2-25 2. The Sergeant at Arms shall:

2-26 (a) Superintend the upkeep of the Senate’s Chamber, private lounge, and

2-27 meeting rooms for committees.

2-28 (b) Interview and recommend to the Committee on Legislative Affairs

2-29 and Operations persons to be considered for employment to assist the

2-30 Sergeant at Arms.

2-31 3. The Sergeant at Arms is responsible to the [majority floor leader.]

2-32 Majority Leader.

2-33 Rule No. 5. Assistant Sergeant at Arms.

2-34 The Assistant Sergeant at Arms shall be doorkeeper and shall preserve

2-35 order in the Senate Chamber and shall assist the Sergeant at Arms. He shall

2-36 be sworn to keep the secrets of the Senate.

2-37 Rule No. 6. Reserved.

2-38 The next rule is 10.

3-1 II. SESSIONS AND MEETINGS

3-2 Rule No. 10. Time of Meeting.

3-3 The President shall call the Senate to order each day of sitting at 11:00

3-4 o’clock a.m., unless the Senate has adjourned to some other hour.

3-5 Rule No. 11. Call of Senate—Moved by Three Members.

3-6 A Call of the Senate may be moved by three Senators, and if carried by a

3-7 majority of all present, the Secretary shall call the roll and note the

3-8 absentees, after which the names of the absentees shall again be called over.

3-9 The doors shall then be closed and the Sergeant at Arms directed to take

3-10 into custody all who may be absent without leave, and all Senators so taken

3-11 into custody shall be presented at the bar of the Senate for such action as to

3-12 the Senate may seem proper.

3-13 Rule No. 12. Absence—Leave Required.

3-14 No Senator shall absent himself from the service of the Senate without

3-15 leave, except in case of accident or sickness, and if any Senator or officer

3-16 shall so absent himself his per diem shall not be allowed him.

3-17 Rule No. 13. Open Meetings.

3-18 1. Except as provided in the Constitution of the State of Nevada and in

3-19 subsection 2 of this rule, all meetings of the Senate and its committees must

3-20 be open to the public.

3-21 2. A Senate committee meeting may be closed to consider the

3-22 character, alleged misconduct, professional competence, or physical or

3-23 mental health of a person.

3-24 The next rule is 20.

3-25 III. DECORUM AND DEBATE

3-26 Rule No. 20. Points of Order.

3-27 1. If any Senator, in speaking or otherwise, transgresses the rules of the

3-28 Senate, the President shall, or any Senator may, call him to order . [, and

3-29 when] If a Senator [shall be] is so called to order , he shall [sit down and

3-30 shall] not proceed without leave of the Senate . [; which leave, if granted,

3-31 shall] If such leave is granted, it must be upon the motion, "That he be

3-32 allowed to proceed in order," [when he] and the Senator shall confine

3-33 himself to the question under consideration and avoid personality.

3-34 2. Every decision of points of order made by the President [shall be] is

3-35 subject to appeal, and [no] a discussion of a question of order [shall be

3-36 allowed, except] may be allowed only upon the appeal of two Senators . [,

3-37 and in] In all cases of appeal , the question [shall] must be, "Shall the

3-38 decision of the Chair stand as the judgment of the Senate?"

4-1 Rule No. 21. Breaches of Decorum.

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

4-3 other person [shall be] is liable to such censure or punishment as the Senate

4-4 may deem proper . [, and if]

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

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

4-7 offensive or indecorous language or conduct [excepted to, which shall be

4-8 taken down or noted at the Secretary’s desk, and no member shall] to the

4-9 presiding officer. No member may be held to answer for any language used

4-10 on the floor of the Senate if business has intervened before exception to the

4-11 language was taken.

4-12 3. Indecorous conduct or boisterous or unbecoming language [shall not

4-13 be] is not permitted in the Senate Chamber.

4-14 The next rule is 30.

4-15 IV. QUORUM, VOTING, ELECTIONS

4-16 Rule No. 30. Recorded Vote—Three Required to Call For.

4-17 1. A recorded vote must be taken upon final passage of a bill or joint

4-18 resolution, and in any other case when called for by three members . [, and

4-19 every] Every Senator within the bar of the Senate shall vote "aye" or "no"

4-20 or record himself as "not voting," unless excused by unanimous vote of the

4-21 Senate . [, and the]

4-22 2. The votes and names of those absent or recorded as "not voting"

4-23 [must be entered on the Journal,] and the names of Senators demanding the

4-24 recorded vote must [also] be entered on the Journal.

4-25 Rule No. 31. President to Decide—Tie Vote.

4-26 A question is lost by a tie vote, but when the Senate is equally divided on

4-27 any question except the passage of a bill or joint resolution, the President

4-28 may give the deciding vote.

4-29 Rule No. 32. Manner of Election—Voting.

4-30 1. In all cases of election by the Senate , the vote [shall] must be taken

4-31 viva voce. In other cases, if a vote is to be recorded, it may be taken by oral

4-32 roll-call or by electronic recording . [, and no Senator or other person may

4-33 remain by the Secretary’s desk while the roll is being called or the votes are

4-34 being counted.]

4-35 2. When a recorded vote is taken, no Senator may [vote] :

4-36 (a) Vote except when at his seat [, nor] ;

4-37 (b) Vote upon any question in which he is in any way personally or

4-38 directly interested [, nor explain] ;

4-39 (c) Explain his vote or discuss the question while the voting is in

4-40 progress [, nor change] ; or

5-1 (d) Change his vote after the result is announced . [, and the]

5-2 3. The announcement of the result of any vote [shall] must not be

5-3 postponed.

5-4 The next rule is 40.

5-5 V. LEGISLATIVE BODIES

5-6 Rule No. 40. Standing Committees.

5-7 1. Except as otherwise provided in subsection 2, the standing

5-8 committees of the Senate and their respective jurisdiction for the reference

5-9 of bills and resolutions are as follows:

5-10 (a) Commerce and Labor, seven members, with jurisdiction over

5-11 measures affecting primarily Titles 52-57, and chapters 461, 461A, 489,

5-12 703-704A and 707-712 of NRS, except measures affecting primarily state

5-13 and local revenue.

5-14 (b) Finance, seven members, with jurisdiction over measures primarily

5-15 affecting chapters 286 and 387 of NRS, appropriations, operating and

5-16 capital budgets, state and federal budget issues and bonding, except

5-17 measures affecting primarily state and local revenue, and over any

5-18 measures carrying or requiring appropriations and favorably reported by

5-19 any other committee unless such reference is dispensed with by a two-thirds

5-20 vote of the Senate.

5-21 (c) Government Affairs, seven members, with jurisdiction over measures

5-22 affecting primarily the districts from which members of the Legislature are

5-23 elected, and Titles 18-22, 24, 25, 27-31 and 36 and chapters 281-285, 287-

5-24 289 and 407 of NRS, except measures affecting primarily state and local

5-25 revenue, state and federal budget issues, the Tahoe Regional Planning

5-26 Compact and the Nevada Tahoe regional planning agency.

5-27 (d) Human Resources and Facilities, seven members, with jurisdiction

5-28 over measures primarily affecting Titles 33, 37-39 and 42 and chapters 385,

5-29 386, 388-399, 439-444, 446-458, 459A, 460 and 583-585 of NRS, except

5-30 measures affecting primarily state and local revenue.

5-31 (e) Judiciary, seven members, with jurisdiction over measures affecting

5-32 primarily Titles 1-16 and 41 of NRS, except measures affecting primarily

5-33 state and local revenue.

5-34 (f) Legislative Affairs and Operations, seven members, with jurisdiction

5-35 over measures affecting primarily Title 17 of NRS, except the districts from

5-36 which members of the Legislature are elected, and the operation of the

5-37 legislative session, except measures affecting primarily state and local

5-38 revenue.

5-39 (g) Natural Resources, seven members, with jurisdiction over measures

5-40 primarily affecting Titles 26 and 45-50 and chapters 444A [, 445,] - 445C,

6-1 459, 488, 581, 582 and 586-590 of NRS, the Colorado River Commission,

6-2 the Tahoe Regional Planning Compact and the Nevada Tahoe regional

6-3 planning agency, except measures affecting primarily state and local

6-4 revenue.

6-5 (h) Taxation, seven members, with jurisdiction over measures affecting

6-6 primarily Title 32 of NRS and state and local revenue.

6-7 (i) Transportation, seven members, with jurisdiction over measures

6-8 affecting primarily Title 44 and chapters 403-405, [408-410,] 408, 410,

6-9 481-487, 705 and 706 of NRS, except measures affecting primarily state

6-10 and local revenue.

6-11 2. The chairman of the Standing Committee on Finance may assign any

6-12 portion of a proposed executive budget to any of the other standing

6-13 committees of the Senate for review. Upon receiving such an assignment

6-14 the standing committee shall complete its review expeditiously and report

6-15 its findings and any recommendations to the Standing Committee on

6-16 Finance for its independent evaluation.

6-17 Rule No. 41. Reserved.

6-18 Rule No. 42. Committee Expenses.

6-19 No committee shall employ assistance or incur any expense, except by

6-20 permission of the Senate previously obtained.

6-21 Rule No. 43. Duties of Committees.

6-22 The several committees shall fully consider all measures referred to them

6-23 and report thereon. They shall acquaint themselves with the interests of the

6-24 State specially represented by the committee, and from time to time present

6-25 such bills and reports as in their judgment will advance the interests and

6-26 promote the welfare of the people of the State, and shall fully consider and

6-27 report their opinion upon any matter committed or referred to them by the

6-28 Senate.

6-29 Rule No. 44. Committee on Legislative Affairs and Operations.

6-30 The Committee on Legislative Affairs and Operations shall recommend

6-31 by resolution the appointment of all attachés and employees of the Senate

6-32 not otherwise provided for by law. It may suspend any attaché or employee

6-33 for incompetency or dereliction of duty, pending final action by the Senate.

6-34 It shall hear complaints on alleged breaches of ethics and conflicts of

6-35 interest, brought by Legislators and others, and it may advise Legislators on

6-36 questions of breaches of ethics and conflicts of interests. All proceedings by

6-37 the committee on matters of ethics or conflicts of interest are open to the

6-38 public unless otherwise authorized to be closed to the public by section 15

6-39 of article 4 of the Constitution of the State of Nevada.

6-40 Rule No. 45. Reserved.

6-41 Rule No. 46. Forming Committee of the Whole.

6-42 In forming the Committee of the Whole, the Senator who has so moved

6-43 shall name a chairman to preside, and all bills considered shall be read by

7-1 sections, and the chairman shall call for amendments at the conclusion of

7-2 the reading of each section. All amendments proposed by the committee

7-3 shall be reported by the chairman to the Senate.

7-4 Rule No. 47. Rules Applicable to Committee of the Whole.

7-5 The Rules of the Senate shall apply to proceedings in Committee of the

7-6 Whole, except that the previous question shall not be ordered, nor the ayes

7-7 and noes demanded, but the committee may limit the number of times that

7-8 any member may speak, at any stage of proceedings, during its sitting.

7-9 Messages may be received by the President while the committee is sitting;

7-10 in which case the President will resume the chair, receive the message, and

7-11 vacate the chair in favor of the chairman of the committee.

7-12 Rule No. 48. Motion to Rise Committee of the Whole.

7-13 A motion that the committee rise shall always be in order, and shall be

7-14 decided without debate.

7-15 Rule No. 49. Reference to Committee.

7-16 When a motion is made to refer any subject, and different committees are

7-17 proposed, the question must be taken in the following order:

7-18 1. The Committee of the Whole Senate.

7-19 2. A Standing Committee.

7-20 Rule No. 50. Return From Committee.

7-21 1. Any bill or other matter referred to a committee of the Senate [shall]

7-22 must not be withdrawn or ordered taken from [such] the committee for

7-23 consideration by the Senate, recommitment, or for any other reason without

7-24 a two-thirds vote of the Senate, and at least one day’s notice of the motion

7-25 therefor.

7-26 2. No such motion [shall be] is in order [on] :

7-27 (a) If the bill to be withdrawn or ordered taken from the committee

7-28 may no longer be considered by the Senate; or

7-29 (b) On the last day of the session, or on the day preceding the last day of

7-30 the session. [Nothing in this rule shall be construed to]

7-31 3. This rule does not take from any committee the rights and duties of

7-32 committees provided for in Senate Standing Rule No. 43 . [of Senate

7-33 Standing Rules.]

7-34 Rule No. 51. Reserved.

7-35 Rule No. 52. Reserved.

7-36 Rule No. 53. Committee Rules.

7-37 1. The rules of the Senate, as far as applicable, are the rules of

7-38 committees of the Senate. Procedure in committees, where not otherwise

7-39 provided in this rule, must follow the procedure of the Senate. For matters

7-40 not included in the rules of the Senate or these rules, Mason’s Manual must

7-41 be followed.

7-42 2. A majority of any committee constitutes a quorum for the

7-43 transaction of business.

8-1 3. A meeting of a committee may not be opened without a quorum

8-2 present.

8-3 4. In addition to regularly scheduled meetings or those called by the

8-4 chairman, meetings may be set by a written petition of a majority of a

8-5 committee and filed with the chairman of a committee.

8-6 5. A bill may be passed from a committee only by a majority of the

8-7 committee membership. A simple majority of those present and voting is

8-8 sufficient to adopt committee amendments. [A committee shall not

8-9 recommend a bill for placement on the consent calendar if it makes any

8-10 substantive change in the law or if an amendment of the bill is

8-11 recommended.]

8-12 6. Subcommittees may be appointed by committee chairmen to

8-13 consider subjects specified by the committee and shall report back to the

8-14 committee.

8-15 7. A committee shall act only when together, and all votes must be

8-16 taken in the presence of the committee. A member shall not be recorded as

8-17 voting unless he was actually present in the committee at the time of the

8-18 vote. The chairman shall vote on all final actions on bills or resolutions.

8-19 The provisions of this subsection do not prohibit the prefiling of legislative

8-20 bills and resolutions on behalf of a committee in the manner prescribed by

8-21 the legislative commission.

8-22 8. All committee and subcommittee meetings are open to the public,

8-23 except as otherwise provided in Senate Standing Rule No. 13.

8-24 9. Before reporting a bill or resolution to the Senate, a committee may

8-25 reconsider its action. A motion to reconsider must be made by a member

8-26 who voted with the prevailing side.

8-27 10. Committee chairmen shall determine the agenda of each meeting

8-28 except that committee members may request an item for the agenda by

8-29 communicating with the chairman at least 4 days before the meeting. A

8-30 majority of a committee may, by vote, add an item to the agenda of the next

8-31 regularly scheduled meeting.

8-32 11. Secretaries to committees shall give notices of hearings on bills to

8-33 anyone requesting notices of particular bills.

8-34 12. All committees shall keep minutes of meetings. The minutes must

8-35 cover members present and absent, subjects under discussion, witnesses

8-36 who appear, committee members’ statements concerning legislative intent,

8-37 action taken by the committee, as well as the vote of individual members on

8-38 all matters on which a vote is taken. Any member may submit to the

8-39 secretary additional remarks to be included in the minutes and records of

8-40 committee meetings. At the conclusion of the legislative session, the

8-41 Secretary of the Senate shall deliver all minutes and records of committee

8-42 meetings in her possession to the Director of the Legislative Counsel

8-43 Bureau.

9-1 13. In addition to the minutes, the committee secretary shall maintain a

9-2 record of all bills, including:

9-3 (a) Date bill referred;

9-4 (b) Date bill received;

9-5 (c) Date set for hearing the bill;

9-6 (d) Date or dates bill heard and voted upon; and

9-7 (e) Date report prepared.

9-8 14. Each committee secretary shall file the minutes of each meeting

9-9 with the Secretary of the Senate [within 2 weeks] as soon as practicable

9-10 after the meeting.

9-11 15. All committee minutes are open to public inspection upon request

9-12 and during normal business hours.

9-13 Rule No. 54. Review of State Agency Programs.

9-14 In addition to or concurrent with committee action taken on specific bills

9-15 and resolutions during a regular session of the Legislature, each standing

9-16 committee of the Senate is encouraged to plan and conduct a general review

9-17 of selected programs of state agencies or other areas of public interest

9-18 within the committee’s jurisdiction.

9-19 The next rule is 60.

9-20 VI. RULES GOVERNING MOTIONS

9-21 A. Motions Generally

9-22 Rule No. 60. Entertaining.

9-23 1. No motion [shall] may be debated until it is announced by the

9-24 President. [It shall be reduced to writing and read by the Secretary, if

9-25 desired by the President or any Senator, before it shall be debated, and by]

9-26 2. By consent of the Senate , a motion may be withdrawn before

9-27 amendment or decision.

9-28 Rule No. 61. Precedence of Motions.

9-29 When a question is under debate no motion shall be received but the

9-30 following, which shall have precedence in the order named:

9-31 1. To adjourn.

9-32 2. For a call of the Senate.

9-33 3. To lay on the table.

9-34 4. For the previous question.

9-35 5. To postpone to a day certain.

9-36 6. To commit.

9-37 7. To amend.

9-38 8. To postpone indefinitely.

9-39 The first four shall be decided without debate.

10-1 Rule No. 62. When Not Entertained.

10-2 1. When a motion to commit, to postpone to a day certain, or to

10-3 postpone indefinitely has been decided, it [shall] must not be again

10-4 entertained on the same day . [and at the same stage of proceedings, and

10-5 when]

10-6 2. When a question has been postponed indefinitely , it [shall] must not

10-7 again be introduced during the session [except] unless this rule [may be] is

10-8 suspended by a two-thirds vote . [, and there shall]

10-9 3. There must be no reconsideration of a vote on a motion to postpone

10-10 indefinitely.

10-11 B. Particular Motions

10-12 Rule No. 63. To Adjourn.

10-13 A motion to adjourn shall always be in order. The name of the Senator

10-14 moving to adjourn, and the time when the motion was made, shall be

10-15 entered on the Journal.

10-16 Rule No. 64. Lay on the Table.

10-17 A motion to lay on or take from the table shall be carried by a majority

10-18 vote.

10-19 Rule No. 65. Reserved.

10-20 Rule No. 66. To Strike Enacting Clause.

10-21 A motion to strike out the enacting clause of a bill or resolution [shall

10-22 have precedence of] has precedence over a motion to commit or amend . [,

10-23 and if carried shall be equivalent to its rejection.] If a motion to strike out

10-24 the enacting clause of a bill or resolution is carried, the bill or resolution

10-25 is rejected.

10-26 Rule No. 67. Division of Question.

10-27 1. Any Senator may call for a division of a question . [, which shall]

10-28 2. A question must be divided if it embraces subjects so distinct that

10-29 [one being] if one subject is taken away, a substantive proposition [shall

10-30 remain] remains for the decision of the Senate . [; but a]

10-31 3. A motion to strike out and insert [shall] must not be divided.

10-32 Rule No. 68. To Reconsider—Precedence of.

10-33 1. A motion to reconsider [shall have] has precedence over every other

10-34 motion, except a motion to adjourn . [; and when] When the Senate

10-35 adjourns while a motion to reconsider is pending, or before passing the

10-36 order of Motions and Resolutions, the right to move [a reconsideration shall

10-37 continue] for reconsideration continues to the next day of sitting.

10-38 2. No notice of reconsideration of any final vote [shall be] is in order

10-39 on the day preceding the last day of the session.

11-1 Rule No. 69. Explanation of Motion.

11-2 Whenever a Senator moves to [take a bill off general file and return it to

11-3 the Secretary’s desk or to make any other disposition of a bill that has been

11-4 reported out of committee,] change the usual disposition of a bill or

11-5 resolution, he shall describe the subject of the bill [, explain the purpose of

11-6 his motion] or resolution and state the reasons for his requesting the change

11-7 in the processing of the bill [.] or resolution.

11-8 The next rule is 80.

11-9 VII. DEBATE

11-10 Rule No. 80. Speaking on Question.

11-11 1. Every Senator [when he speaks,] who speaks shall, standing in his

11-12 place, address "Mr. or Madam President," in a courteous manner, and shall

11-13 confine himself to the question before the Senate . [, and when] When he

11-14 has finished, he shall sit down.

11-15 2. No Senator [shall speak more] may speak:

11-16 (a) More than twice [(except for explanation)] during the consideration

11-17 of any one question on the same day, [nor a] except for explanation.

11-18 (b) A second time without leave when others who have not spoken

11-19 desire the floor . [; but incidental]

11-20 3. Incidental and subsidiary questions arising during debate shall not

11-21 be considered the same question.

11-22 Rule No. 81. Previous Question.

11-23 The previous question shall not be put unless demanded by three

11-24 Senators, and it shall be in this form: "Shall the main question be now put?"

11-25 When sustained by a majority of Senators present it shall put an end to all

11-26 debate and bring the Senate to a vote on the question or questions before it,

11-27 and all incidental questions arising after the motion was made shall be

11-28 decided without debate. A person who is speaking on a question shall not

11-29 while he has the floor move to put that question.

11-30 The next rule is 90.

11-31 VIII. CONDUCT OF BUSINESS

11-32 A. Generally

11-33 Rule No. 90. Mason’s Manual.

11-34 The rules of parliamentary practice contained in Mason’s Manual of

11-35 Legislative Procedure shall govern the Senate in all cases in which they are

12-1 applicable and in which they are not inconsistent with the standing rules

12-2 and orders of the Senate, and the joint rules of the Senate and Assembly.

12-3 Rule No. 91. Suspension of Rule.

12-4 No standing rule or order of the Senate shall be rescinded or changed

12-5 without a vote of two-thirds of the Senate and one day’s notice of the

12-6 motion therefor; but a rule or order may be temporarily suspended for a

12-7 special purpose by a vote of two-thirds of the members present. When the

12-8 suspension of a rule is called for, and after due notice from the President no

12-9 objection is offered, he can announce the rule suspended and the Senate

12-10 may proceed accordingly; but this shall not apply to that portion of Senate

12-11 Standing Rule No. 109 relating to the third reading of bills, which cannot

12-12 be suspended; and further, this rule shall not apply to the suspension of

12-13 Senate Standing Rule No. 50.

12-14 Rule No. 92. Notices of Bills, Topics and Public Hearings.

12-15 Adequate notice shall be provided to the Legislators and the public by

12-16 posting information relative to the bills, topics and public hearings which

12-17 are to come before committees. Notices shall include the date, time, place

12-18 and agenda, and shall be posted conspicuously in the legislative building,

12-19 shall appear in the daily history, and shall be made available to the news

12-20 media.

12-21 This requirement of notice may be suspended for an emergency by the

12-22 affirmative vote of two-thirds of the committee members appointed.

12-23 Rule No. 93. Protest.

12-24 Any Senator, or Senators, may protest against the action of the Senate

12-25 upon any question, and have such protest entered upon the Journal.

12-26 Rule No. 94. Privilege of the Floor.

12-27 1. To preserve decorum and facilitate the business of the Senate, only

12-28 [state officers and officers and members of the Senate] the following

12-29 persons may be present on the floor of the Senate during formal sessions [,

12-30 except for employees] :

12-31 (a) State officers;

12-32 (b) Officers and members of the Senate;

12-33 (c) Employees of the Legislative Counsel Bureau [, attachés] ;

12-34 (d) Attachés and employees of the Senate ; and [members]

12-35 (e) Members of the Assembly whose presence is required for the

12-36 transaction of business.

12-37 2. Guests of Senators must be seated in a section of the upper or lower

12-38 gallery of the Senate Chamber to be specially designated by the Sergeant at

12-39 Arms. The Majority [Floor] Leader may specify special occasions when

12-40 guests may be seated on the floor of the Senate with a Senator.

12-41 [2.] 3. A majority of Senators may authorize the President to have the

12-42 Senate Chamber cleared of all persons except Senators and officers of the

12-43 Senate.

13-1 [3.] 4. The Senate Chamber may not be used for any [but] business

13-2 other than legislative business [except by permission given by a two-thirds

13-3 vote.] during a legislative session.

13-4 Rule No. 95. Material Placed on Legislators’ Desks.

13-5 [All]

13-6 1. Only the Sergeant at Arms and officers and employees of the

13-7 Senate may place papers, letters, notes, pamphlets and other written

13-8 material [placed] upon a Senator’s desk . Such material must contain the

13-9 name of the Legislator requesting the placement of [such] the material on

13-10 the desk or [contain] a designation of the origin of [such] the material.

13-11 2. This rule does not apply to books containing the legislative bills and

13-12 resolutions, the [legislative daily histories, the legislative daily journals,]

13-13 daily histories and daily journals of the Senate or Assembly, or Legislative

13-14 Counsel Bureau material.

13-15 Rule No. 96. Reserved.

13-16 Rule No. 97. Petitions and Memorials.

13-17 The contents of any petition or memorial shall be briefly stated by the

13-18 President or any Senator presenting it. It shall then lie on the table or be

13-19 referred, as the President or Senate may direct.

13-20 Rule No. 98. Reserved.

13-21 Rule No. 99. Reserved.

13-22 Rule No. 100. Reserved.

13-23 Rule No. 101. Reserved.

13-24 Rule No. 102. Objection to Reading of Paper.

13-25 Where the reading of any paper is called for, and is objected to by any

13-26 Senator, it shall be determined by a vote of the Senate, and without debate.

13-27 Rule No. 103. Questions Relating to Priority of Business.

13-28 All questions relating to the priority of business shall be decided without

13-29 debate.

13-30 B. Bills

13-31 Rule No. 104. Reserved.

13-32 Rule No. 105. Reserved.

13-33 Rule No. 106. Skeleton Bills.

13-34 [The introduction of skeleton bills is authorized] Skeleton bills may be

13-35 introduced after the beginning of a session when, in the opinion of the

13-36 sponsor and the Legislative Counsel, the full drafting of the bill would

13-37 entail extensive research or be of considerable length. A skeleton bill will

13-38 be [provided for purposes of introduction and committee referral. Such bill

13-39 will be] a presentation of ideas or statements of purpose, sufficient in style

13-40 and expression to enable the Legislature and the committee to which the

13-41 bill may be referred to consider the substantive merits of the legislation

14-1 proposed. [The committee, if it treats the skeleton bill favorably, shall then

14-2 request the draft of a completed bill in such detail as would afford the

14-3 committee the opportunity of considering the legislative ideas proposed in

14-4 context with all their necessary ramifications.]

14-5 Rule No. 107. Information Concerning Bills.

14-6 1. Bills introduced may be accompanied by information relative to

14-7 witnesses and selected persons of departments and agencies who should be

14-8 considered for committee hearings on the proposed legislation. At the time

14-9 of introduction of a bill, a list may be given to the Secretary of witnesses

14-10 who are proponents of the measure together with their addresses and

14-11 telephone numbers. This information may be provided by:

14-12 [1.] (a) The Senator introducing the bill;

14-13 [2.] (b) The person requesting a committee introduction of the bill; or

14-14 [3.] (c) The chairman of a committee introducing the bill.

14-15 2. The Secretary shall deliver this information to the chairman of the

14-16 committee to which the bill is referred. Members of the committee may

14-17 suggest additional names for witnesses.

14-18 3. The Legislator may provide an analysis which may describe the

14-19 intent, purpose, justification and effects of the bill, or any of them.

14-20 Rule No. 108. Reserved.

14-21 Rule No. 109. Reading of Bills.

14-22 [At least one day’s notice shall be given of the introduction of a bill

14-23 unless by consent of two-thirds of the Senate, or the bill be presented by a

14-24 committee in the discharge of its duty.]

14-25 1. Every bill [shall] must receive three readings [previous to] before its

14-26 passage, unless, in case of emergency, [two-thirds of the Senate shall deem

14-27 it expedient to dispense with this rule. The President shall give notice at

14-28 each whether it be first, second or third reading.] this rule is suspended by

14-29 a two-thirds vote.

14-30 2. The first reading of [the bill shall be] a bill is for information, and if

14-31 [opposition be made to it,] there is opposition to the bill, the question

14-32 [shall] must be, "Shall this bill be rejected?" If there is no opposition [be

14-33 made,] to the bill, or if the question to reject [be negatived,] is defeated, the

14-34 bill [shall] must then take the usual course.

14-35 3. No bill [shall] may be committed until once read, nor amended until

14-36 twice read.

14-37 4. The third reading of every bill [shall] must be by sections.

14-38 Rule No. 110. Second Reading File—Consent Calendar.

14-39 1. All bills or resolutions reported by committee [shall] must be placed

14-40 on a second reading file unless recommended for placement on the consent

14-41 calendar. [Upon]

14-42 2. A committee shall not recommend a bill or resolution for

14-43 placement on the consent calendar if:

15-1 (a) An amendment of the bill or resolution is recommended;

15-2 (b) It contains an appropriation; or

15-3 (c) It is controversial in nature.

15-4 3. A bill or resolution recommended for placement on the consent

15-5 calendar must be included in the daily file listed in the daily history of the

15-6 Senate at least 1 calendar day before it may be considered.

15-7 4. A bill or resolution must be removed from the consent calendar at

15-8 the request of any Senator . [, at any time before the consent calendar is

15-9 called, a bill placed on the consent calendar shall be transferred to] A bill or

15-10 resolution so removed must be immediately placed on the second reading

15-11 file [.

15-12 2.] for consideration in the usual order of business.

15-13 5. When the consent calendar is called, the bills remaining on the

15-14 consent calendar [shall] must be read by number and summary, and the

15-15 vote [shall] must be taken on their final passage as a group.

15-16 Rule No. 111. Printing.

15-17 [One thousand] Eleven hundred copies of all bills and resolutions of

15-18 general interest [shall] must be printed for the use of the Senate and

15-19 Assembly . [, and two hundred and fifty copies of such as are of only local

15-20 interest; also such] Such other matter [shall] must be printed as may be

15-21 ordered by the Senate.

15-22 Rule No. 112. Reserved.

15-23 Rule No. 113. Reading of Bills—General File.

15-24 [All bills on the second reading file shall be read in the order in which

15-25 they are reported by committees.]

15-26 1. Upon reading of bills on the second reading file, Senate and

15-27 Assembly bills reported without amendments [shall] must be placed on the

15-28 general file . [, and Assembly bills reported without amendments shall be

15-29 placed on the general file.] Committee amendments reported with bills

15-30 [shall] must be considered upon their second reading and such amendments

15-31 may be adopted by a majority vote of the members present. [Senate bills]

15-32 Bills so amended [shall] must be reprinted, engrossed or reengrossed, and

15-33 placed on the general file . [, and Assembly bills so amended shall be

15-34 reprinted, reengrossed and placed on the general file. Engrossed bills shall

15-35 be placed at the head of the file in the order in which they are reported

15-36 engrossed, except general appropriation bills, which shall be at the head of

15-37 the file. The file, with each bill in order, shall be conspicuously] The file

15-38 must be posted in the Senate Chamber and made available to members of

15-39 the public each day by the Secretary.

15-40 2. Any member may move to amend a bill during its reading on the

15-41 second reading file or during its third reading and the motion to amend may

15-42 be adopted by a majority vote of the members present. Bills so amended on

15-43 second reading [shall] must be treated the same as bills with committee

16-1 amendments. Any bill so amended upon the general file [shall] must be

16-2 reprinted and engrossed or reengrossed.

16-3 [The reprinting of amended bills may be dispensed with only in

16-4 accordance with the provisions of law.]

16-5 3. Unless otherwise ordered by the Senate, [one thousand] eleven

16-6 hundred copies of all amended bills [shall] must be printed.

16-7 Rule No. 114. Commitment of Bill With Special Instructions.

16-8 A bill may be committed with special instructions to amend at any time

16-9 before taking the final vote.

16-10 Rule No. 115. Reconsideration of Vote on Bill.

16-11 1. On the day [next succeeding] after the final vote on any bill, [said]

16-12 the vote may be reconsidered on motion of any member [, provided] if

16-13 notice of intention to move [a] for reconsideration was given on the day

16-14 [such] the final vote was taken [,] by a Senator who voted on [that side

16-15 which prevailed, and no] the prevailing side. No motion to reconsider

16-16 [shall be] is in order on the day [such] the final vote was taken, except by

16-17 unanimous consent.

16-18 2. Motions to reconsider a vote upon amendments to any pending

16-19 question may be made and decided at once.

16-20 Rule No. 116. Reserved.

16-21 Rule No. 117. Different Subject Not Admitted as Amendment.

16-22 No subject different from that under consideration shall be admitted as

16-23 an amendment; and no bill or resolution shall be amended by incorporating

16-24 any irrelevant subject matter or by association or annexing any other bill or

16-25 resolution pending in the Senate, but a substitute may be offered at any time

16-26 so long as the original is open to amendment.

16-27 C. Resolutions

16-28 Rule No. 118. Treated as Bills.

16-29 Resolutions addressed to Congress, or to either House thereof, or to the

16-30 President of the United States, or the heads of any of the national

16-31 departments, or proposing amendments to the State Constitution are

16-32 subject, in all respects, to the foregoing rules governing the course of bills.

16-33 A joint resolution proposing an amendment to the constitution shall be

16-34 entered in the journal in its entirety.

16-35 Rule No. 119. Treated as Motions.

16-36 Resolutions, other than those referred to in Senate Standing Rule No.

16-37 118, shall be treated as motions in all proceedings of the Senate.

16-38 Rule No. 120. Order of Business.

16-39 1. Roll Call.

16-40 2. Prayer by the Chaplain.

16-41 3. Pledge of Allegiance to the Flag.

17-1 4. Reading and Approval of the Journal.

17-2 5. Reports of Standing Committees.

17-3 6. Messages from the Governor.

17-4 7. Messages from the Assembly.

17-5 8. Communications from State Officers.

17-6 9. Motions, Resolutions and Notices.

17-7 10. Introduction, First Reading and Reference.

17-8 11. Consent Calendar.

17-9 12. Second Reading and Amendment.

17-10 13. Business on General File and Third Reading.

17-11 14. Unfinished Business.

17-12 15. Special Orders of the Day.

17-13 16. Remarks from the Floor; Introduction of Guests.

17-14 Rule No. 121. Privilege.

17-15 Any Senator may rise and explain a matter personal to himself by leave

17-16 of the President, but he shall not discuss any pending question in such

17-17 explanation.

17-18 Rule No. 122. Reserved.

17-19 Rule No. 123. Reserved.

17-20 Rule No. 124. Preference to Speak.

17-21 When two or more Senators rise at the same time the President shall

17-22 name the one who may first speak—giving preference, when practicable, to

17-23 the mover or introducer of the subject under consideration.

17-24 Rule No. 125. Special Order.

17-25 The President shall call the Senate to order on the arrival of the time

17-26 fixed for the consideration of a special order, and announce that the special

17-27 order is before the Senate, which shall be considered, unless it be postponed

17-28 by a two-thirds vote, and any business before the Senate at the time of the

17-29 announcement of the special order shall go to Unfinished Business.

17-30 Rule No. 126. Reserved.

17-31 Rule No. 127. [Messages.

17-32 Messages from the Governor, state officers and from the Assembly may

17-33 be considered at any time by a vote of the Senate.] Reserved.

17-34 Rule No. 128. Reserved.

17-35 Rule No. 129. Reserved.

17-36 D. Contests of Elections

17-37 Rule No. 130. Procedure.

17-38 1. The Senate shall not dismiss a statement of contest for want of form

17-39 if any ground of contest is alleged with sufficient certainty to inform the

17-40 defendant of the charges he is required to meet. The following grounds are

17-41 sufficient, but are not exclusive:

18-1 (a) That the election board or any member thereof was guilty of

18-2 malfeasance.

18-3 (b) That a person who has been declared elected to an office was not at

18-4 the time of election eligible to that office.

18-5 (c) That illegal votes were cast and counted for the defendant, which, if

18-6 taken from him, will reduce the number of his legal votes below the

18-7 number necessary to elect him.

18-8 (d) That the election board, in conducting the election or in canvassing

18-9 the returns, made errors sufficient to change the result of the election as to

18-10 any person who has been declared elected.

18-11 (e) That the defendant has given, or offered to give, to any person a

18-12 bribe for the purpose of procuring his election.

18-13 (f) That there was a possible malfunction of any voting or counting

18-14 device.

18-15 2. The contest must be submitted so far as may be possible upon

18-16 depositions or by written or oral arguments as the Senate may order. Any

18-17 party to a contest may take the deposition of any witness at any time after

18-18 the statement of contest is filed with the Secretary of State and before the

18-19 contest is finally decided. At least 5 days’ notice must be given to the

18-20 prospective deponent and to the other party. If oral statements are made at

18-21 any hearing before the Senate or a committee thereof which purport to

18-22 establish matters of fact, they must be made under oath. Strict rules of

18-23 evidence do not apply.

18-24 3. The contestant has the burden of proving that any irregularities

18-25 shown were of such nature as to establish the probability that the result of

18-26 the election was changed thereby. After consideration of all the evidence,

18-27 the Senate shall declare the defendant elected unless the Senate finds from

18-28 the evidence that a person other than the defendant received the greatest

18-29 number of legal votes, in which case the Senate shall declare that person

18-30 elected.

18-31 The next rule is 140.

18-32 IX. LEGISLATIVE INVESTIGATIONS

18-33 Rule No. 140. Compensation of Witnesses.

18-34 Witnesses summoned to appear before the Senate, or any of its

18-35 committees, shall be compensated as provided by law for witnesses

18-36 required to attend in the courts of the State of Nevada.

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