Senate Resolution No. 1–Senators Raggio and Titus

 

February 5, 2001

____________

 

Read and Adopted

 

SUMMARY—Adopts Standing Rules of Senate for 71st session of Legislature. (BDR R‑1110)

 

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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 RESOLUTION—Adopting the Standing Rules of the Senate for the 71st 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 70th session are adopted, with the

1-3  following changes, as the Standing Rules of the Senate for the 71st 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

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

1-10  the 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

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

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

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

1-20  attested by 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

1-25  discharge the duties of the President’s office, the Chairman of the

1-26  Committee on Legislative Affairs and Operations shall preside. In the


2-1  absence of the Chairman, the Vice Chairman of the Committee on

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

2-3  Chairman of the Committee on Legislative Affairs and Operations, the

2-4  Senate shall elect one of its members as the presiding officer for that

2-5  occasion.

2-6  Rule No. 3.  Secretary.

2-7    1.  The Secretary of the Senate is elected by the Senate, and shall:

2-8    (a) Interview and recommend to the Committee on Legislative Affairs

2-9  and Operations persons to be considered for employment to assist the

2-10  Secretary.

2-11    (b) See that these employees perform their respective duties.

2-12    (c) Administer the daily business of the Senate, including the provision

2-13  of secretaries to its committees.

2-14    (d) Unless otherwise ordered by the Senate, transmit at the end of each

2-15  working day those bills and resolutions upon which the next action is to be

2-16  taken by the Assembly.

2-17    2.  The Secretary is responsible to the Majority Leader.

2-18  Rule No. 4.  Sergeant at Arms.

2-19    1.  The Sergeant at Arms shall attend the Senate during its sittings, and

2-20  execute its commands and all process issued by its authority. He must be

2-21  sworn to keep the secrets of the Senate.

2-22    2.  The Sergeant at Arms shall:

2-23    (a) Superintend the upkeep of the Senate’s Chamber, private lounge,

2-24  and meeting rooms for committees.

2-25    (b) Interview and recommend to the Committee on Legislative Affairs

2-26  and Operations persons to be considered for employment to assist the

2-27  Sergeant at Arms.

2-28    3.  The Sergeant at Arms is responsible to the Majority Leader.

2-29  Rule No. 5.  Assistant Sergeant at Arms.

2-30    The Assistant Sergeant at Arms shall be doorkeeper and shall preserve

2-31  order in the Senate Chamber and shall assist the Sergeant at Arms. He shall

2-32  be sworn to keep the secrets of the Senate.

2-33  Rule No. 6.  Reserved.

 

2-34  The next rule is 10.

 

2-35  II.  SESSIONS AND MEETINGS

 

2-36  Rule No. 10.  Time of Meeting.

2-37    The President shall call the Senate to order each day of sitting at 11:00

2-38  o’clock a.m., unless the Senate has adjourned to some other hour.

2-39  Rule No. 11.  Call of Senate—Moved by Three Members.

2-40    A Call of the Senate may be moved by three Senators, and if carried by a

2-41  majority of all present, the Secretary shall call the roll and note the

2-42  absentees, after which the names of the absentees shall again be called

2-43  over. The doors shall then be closed and the Sergeant at Arms directed to

2-44  take into custody all who may be absent without leave, and all Senators so

2-45  taken into custody shall be presented at the bar of the Senate for such

2-46  action as to the Senate may seem proper.


3-1  Rule No. 12.  Absence—Leave Required.

3-2    No Senator shall absent himself from the service of the Senate without

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

3-4  shall so absent himself his per diem shall not be allowed him.

3-5  Rule No. 13.  Open Meetings.

3-6    1.  Except as provided in the Constitution of the State of Nevada and in

3-7  subsection 2 of this rule, all meetings of the Senate and its committees

3-8  must be open to the public.

3-9    2.  A Senate committee meeting may be closed to consider the

3-10  character, alleged misconduct, professional competence, or physical or

3-11  mental health of a person.

 

3-12  The next rule is 20.

 

3-13  III.  DECORUM AND DEBATE

 

3-14  Rule No. 20.  Points of Order.

3-15    1.  If any Senator, in speaking or otherwise, transgresses the rules of

3-16  the Senate, the President shall, or any Senator may, call him to order. If a

3-17  Senator is so called to order, he shall not proceed without leave of the

3-18  Senate. If such leave is granted, it must be upon the motion, “That he be

3-19  allowed to proceed in order,” and the Senator shall confine himself to the

3-20  question under consideration and avoid personality.

3-21    2.  Every decision of points of order made by the President is subject to

3-22  appeal, and a discussion of a question of order may be allowed only upon

3-23  the appeal of two Senators. In all cases of appeal, the question must be,

3-24  “Shall the decision of the Chair stand as the judgment of the Senate?”

3-25  Rule No. 21.  Breaches of Decorum.

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

3-27  other person is liable to such censure or punishment as the Senate may

3-28  deem proper.

3-29    2.  If any Senator is called to order for offensive or indecorous

3-30  language or conduct, the person calling him to order shall report the

3-31  offensive or indecorous language or conduct to the presiding officer. No

3-32  member may be held to answer for any language used on the floor of the

3-33  Senate if business has intervened before exception to the language was

3-34  taken.

3-35    3.  Indecorous conduct or boisterous or unbecoming language is not

3-36  permitted in the Senate Chamber.

 

3-37  The next rule is 30.

 

3-38  IV.  QUORUM, VOTING, ELECTIONS

 

3-39  Rule No. 30.  Recorded Vote—Three Required to Call For.

3-40    1.  A recorded vote must be taken upon final passage of a bill or joint

3-41  resolution, and in any other case when called for by three members. Every

3-42  Senator within the bar of the Senate shall vote “aye” or “no” or record

3-43  himself as “not voting,” unless excused by unanimous vote of the Senate.


4-1    2.  The votes and names of those absent or recorded as “not voting” and

4-2  the names of Senators demanding the recorded vote must be entered [on] in

4-3  the Journal.

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

4-5    A question is lost by a tie vote, but when the Senate is equally divided

4-6  on any question except the passage of a bill or joint resolution, the

4-7  President may give the deciding vote.

4-8  Rule No. 32.  Manner of Election—Voting.

4-9    1.  In all cases of election by the Senate, the vote must be taken viva

4-10  voce. In other cases, if a vote is to be recorded, it may be taken by oral roll-

4-11  call or by electronic recording.

4-12    2.  When a recorded vote is taken, no Senator may:

4-13    (a) Vote except when at his seat;

4-14    (b) Vote upon any question in which he is in any way personally or

4-15  directly interested;

4-16    (c) Explain his vote or discuss the question while the voting is in

4-17  progress; or

4-18    (d) Change his vote after the result is announced.

4-19    3.  The announcement of the result of any vote must not be postponed.

 

4-20  The next rule is 40.

 

4-21  V.  LEGISLATIVE BODIES

 

4-22  Rule No. 40.  Standing Committees.

4-23    1.  Except as otherwise provided in subsection 2, the standing

4-24  committees of the Senate and their respective jurisdiction for the reference

4-25  of bills and resolutions are as follows:

4-26    (a) Commerce and Labor, seven members, with jurisdiction over

4-27  measures affecting primarily Titles 52-57, and chapters 118B, 461, 461A,

4-28  489, 703-704A and 707-712 of NRS, except measures affecting primarily

4-29  state and local revenue.

4-30    (b) Finance, seven members, with jurisdiction over measures primarily

4-31  affecting chapters 286 and 387 of NRS, appropriations, operating and

4-32  capital budgets, state and federal budget issues and bonding, except

4-33  measures affecting primarily state and local revenue, and over any

4-34  measures carrying or requiring appropriations and favorably reported by

4-35  any other committee unless such reference is dispensed with by a two-

4-36  thirds vote of the Senate.

4-37    (c) Government Affairs, seven members, with jurisdiction over

4-38  measures affecting primarily the districts from which members of the

4-39  Legislature are elected, and Titles 18-22, 24, 25, 27-31 and 36 and chapters

4-40  281-285, 287-289 , [and] 407 and 720 of NRS, except measures affecting

4-41  primarily state and local revenue, state and federal budget issues, the Tahoe

4-42  Regional Planning Compact and the Nevada Tahoe regional planning

4-43  agency.

4-44    (d) Human Resources and Facilities, seven members, with jurisdiction

4-45  over measures primarily affecting Titles 33, 37-39 and 42 and chapters


5-1  385, 386, 388-399, 439-444, 446-458, 459A, 460 and 583-585 of NRS,

5-2  except measures affecting primarily state and local revenue.

5-3    (e) Judiciary, seven members, with jurisdiction over measures affecting

5-4  primarily Titles [1-16] 1-9, 11-16, and 41 and chapters 111-118A and

5-5  119-120A of NRS, except measures affecting primarily state and local

5-6  revenue.

5-7    (f) Legislative Affairs and Operations, seven members, with jurisdiction

5-8  over measures affecting primarily Title 17 of NRS, except the districts

5-9  from which members of the Legislature are elected, and the operation of

5-10  the legislative session, except measures affecting primarily state and local

5-11  revenue.

5-12    (g) Natural Resources, seven members, with jurisdiction over measures

5-13  primarily affecting Titles 26 and 45-50 and chapters 444A-445C, 459, 488,

5-14  581, 582 and 586-590 of NRS, the Colorado River Commission, the Tahoe

5-15  Regional Planning Compact and the Nevada Tahoe regional planning

5-16  agency, except measures affecting primarily state and local revenue.

5-17    (h) Taxation, seven members, with jurisdiction over measures affecting

5-18  primarily Title 32 of NRS and state and local revenue.

5-19    (i) Transportation, seven members, with jurisdiction over measures

5-20  affecting primarily Title 44 and chapters 403-405, 408, 410, 481-487, 705

5-21  and 706 of NRS, except measures affecting primarily state and local

5-22  revenue.

5-23    2.  The chairman of the Standing Committee on Finance may assign

5-24  any portion of a proposed executive budget to any of the other standing

5-25  committees of the Senate for review. Upon receiving such an assignment

5-26  the standing committee shall complete its review expeditiously and report

5-27  its findings and any recommendations to the Standing Committee on

5-28  Finance for its independent evaluation.

5-29  Rule No. 41.  Reserved.

5-30  Rule No. 42.  Committee Expenses.

5-31    No committee shall employ assistance or incur any expense, except by

5-32  permission of the Senate previously obtained.

5-33  Rule No. 43.  Duties of Committees.

5-34    The several committees shall fully consider all measures referred to

5-35  them and report thereon. They shall acquaint themselves with the interests

5-36  of the State specially represented by the committee, and from time to time

5-37  present such bills and reports as in their judgment will advance the interests

5-38  and promote the welfare of the people of the State, and shall fully consider

5-39  and report their opinion upon any matter committed or referred to them by

5-40  the Senate.

5-41  Rule No. 44.  Committee on Legislative Affairs and Operations.

5-42    The Committee on Legislative Affairs and Operations shall recommend

5-43  by resolution the appointment of all attachés and employees of the Senate

5-44  not otherwise provided for by law. It may suspend any attaché or employee

5-45  for incompetency or dereliction of duty, pending final action by the Senate.

5-46  It shall hear complaints on alleged breaches of ethics and conflicts of

5-47  interest, brought by Legislators and others, and it may advise Legislators

5-48  on questions of breaches of ethics and conflicts of interests. All

5-49  proceedings by the committee on matters of ethics or conflicts of interest


6-1  are open to the public unless otherwise authorized to be closed to the

6-2  public by section 15 of article 4 of the Constitution of the State of Nevada.

6-3  Rule No. 45.  Reserved.

6-4  Rule No. 46.  Forming Committee of the Whole.

6-5    In forming the Committee of the Whole, the Senator who has so moved

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

6-7  sections, and the chairman shall call for amendments at the conclusion of

6-8  the reading of each section. All amendments proposed by the committee

6-9  shall be reported by the chairman to the Senate.

6-10  Rule No. 47.  Rules Applicable to Committee of the Whole.

6-11    The Rules of the Senate shall apply to proceedings in Committee of the

6-12  Whole, except that the previous question shall not be ordered, nor the ayes

6-13  and noes demanded, but the committee may limit the number of times that

6-14  any member may speak, at any stage of proceedings, during its sitting.

6-15  Messages may be received by the President while the committee is sitting;

6-16  in which case the President will resume the chair, receive the message, and

6-17  vacate the chair in favor of the chairman of the committee.

6-18  Rule No. 48.  Motion to Rise Committee of the Whole.

6-19    A motion that the committee rise shall always be in order, and shall be

6-20  decided without debate.

6-21  Rule No. 49.  Reference to Committee.

6-22    When a motion is made to refer any subject, and different committees

6-23  are proposed, the [question must be taken in the following order:

6-24    1.  The Committee of the Whole Senate.

6-25    2.  A Standing Committee.] subject may be referred to the committee

6-26  with jurisdiction over the subject as set forth in Senate Standing Rule No.

6-27  40, or to a different committee, upon a majority vote of the Senate.

6-28  Rule No. 50.  Return From Committee.

6-29    1.  Any bill or other matter referred to a committee of the Senate must

6-30  not be withdrawn or ordered taken from the committee for consideration by

6-31  the Senate, recommitment, or for any other reason without a two-thirds

6-32  vote of the Senate, and at least one day’s notice of the motion therefor.

6-33    2.  No such motion is in order:

6-34    (a) If the bill to be withdrawn or ordered taken from the committee may

6-35  no longer be considered by the Senate; or

6-36    (b) On the last day of the session, or on the day preceding the last day of

6-37  the session.

6-38    3.  This rule does not take from any committee the rights and duties of

6-39  committees provided for in Senate Standing Rule No. 43.

6-40  Rule No. 51.  Reserved.

6-41  Rule No. 52.  Reserved.

6-42  Rule No. 53.  Committee Rules.

6-43    1.  The rules of the Senate, as far as applicable, are the rules of

6-44  committees of the Senate. Procedure in committees, where not otherwise

6-45  provided in this rule, must follow the procedure of the Senate. For matters

6-46  not included in the rules of the Senate or these rules, Mason’s Manual must

6-47  be followed.

6-48    2.  A majority of any committee constitutes a quorum for the

6-49  transaction of business.


7-1    3.  A meeting of a committee may not be opened without a quorum

7-2  present.

7-3    4.  In addition to regularly scheduled meetings or those called by the

7-4  chairman, meetings may be set by a written petition of a majority of a

7-5  committee and filed with the chairman of a committee.

7-6    5.  A bill may be passed from a committee only by a majority of the

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

7-8  sufficient to adopt committee amendments.

7-9    6.  Subcommittees may be appointed by committee chairmen to

7-10  consider subjects specified by the committee and shall report back to the

7-11  committee.

7-12    7.  A committee shall act only when together, and all votes must be

7-13  taken in the presence of the committee. A member shall not be recorded as

7-14  voting unless he was actually present in the committee at the time of the

7-15  vote. The chairman shall vote on all final actions on bills or resolutions.

7-16  The provisions of this subsection do not prohibit the prefiling of legislative

7-17  bills and resolutions on behalf of a committee in the manner prescribed by

7-18  the legislative commission.

7-19    8.  All committee and subcommittee meetings are open to the public,

7-20  except as otherwise provided in Senate Standing Rule No. 13.

7-21    9.  Before reporting a bill or resolution to the Senate, a committee may

7-22  reconsider its action. A motion to reconsider must be made by a member

7-23  who voted with the prevailing side.

7-24    10.  Committee chairmen shall determine the agenda of each meeting

7-25  except that committee members may request an item for the agenda by

7-26  communicating with the chairman at least 4 days before the meeting. A

7-27  majority of a committee may, by vote, add an item to the agenda of the

7-28  next regularly scheduled meeting.

7-29    11.  Secretaries to committees shall give notices of hearings on bills to

7-30  anyone requesting notices of particular bills.

7-31    12.  All committees shall keep minutes of meetings. The minutes must

7-32  cover members present and absent, subjects under discussion, witnesses

7-33  who appear, committee members’ statements concerning legislative intent,

7-34  action taken by the committee, as well as the vote of individual members

7-35  on all matters on which a vote is taken. Any member may submit to the

7-36  secretary additional remarks to be included in the minutes and records of

7-37  committee meetings. At the conclusion of the legislative session, the

7-38  Secretary of the Senate shall deliver all minutes and records of committee

7-39  meetings in her possession to the Director of the Legislative Counsel

7-40  Bureau.

7-41    13.  In addition to the minutes, the committee secretary shall maintain a

7-42  record of all bills, including:

7-43    (a) Date bill referred;

7-44    (b) Date bill received;

7-45    (c) Date set for hearing the bill;

7-46    (d) Date or dates bill heard and voted upon; and

7-47    (e) Date report prepared.

7-48    14.  Each committee secretary shall file the minutes of each meeting

7-49  with the Secretary of the Senate as soon as practicable after the meeting.


8-1    15.  All committee minutes are open to public inspection upon request

8-2  and during normal business hours.

8-3  Rule No. 54.  Review of State Agency Programs.

8-4    In addition to or concurrent with committee action taken on specific bills

8-5  and resolutions during a regular session of the Legislature, each standing

8-6  committee of the Senate is encouraged to plan and conduct a general

8-7  review of selected programs of state agencies or other areas of public

8-8  interest within the committee’s jurisdiction.

 

8-9  The next rule is 60.

 

8-10  VI.  RULES GOVERNING MOTIONS

 

8-11  A.  Motions Generally

 

8-12  Rule No. 60.  Entertaining.

8-13    1.  No motion may be debated until it is announced by the President.

8-14    2.  By consent of the Senate, a motion may be withdrawn before

8-15  amendment or decision.

8-16  Rule No. 61.  Precedence of Motions.

8-17    When a question is under debate no motion shall be received but the

8-18  following, which shall have precedence in the order named:

8-19    1.  To adjourn.

8-20    2.  For a call of the Senate.

8-21    3.  To lay on the table.

8-22    4.  For the previous question.

8-23    5.  To postpone to a day certain.

8-24    6.  To commit.

8-25    7.  To amend.

8-26    8.  To postpone indefinitely.

8-27    The first four shall be decided without debate.

8-28  Rule No. 62.  When Not Entertained.

8-29    1.  When a motion to commit, to postpone to a day certain, or to

8-30  postpone indefinitely has been decided, it must not be again entertained on

8-31  the same day.

8-32    2.  When a question has been postponed indefinitely, it must not again

8-33  be introduced during the session unless this rule is suspended by a two-

8-34  thirds vote.

8-35    3.  There must be no reconsideration of a vote on a motion to postpone

8-36  indefinitely.

 

8-37  B.  Particular Motions

 

8-38  Rule No. 63.  To Adjourn.

8-39    A motion to adjourn shall always be in order. The name of the Senator

8-40  moving to adjourn, and the time when the motion was made, shall be

8-41  entered [on] in the Journal.

 

 


9-1  Rule No. 64.  Lay on the Table.

9-2    A motion to lay on or take from the table shall be carried by a majority

9-3  vote.

9-4  Rule No. 65.  Reserved.

9-5  Rule No. 66.  To Strike Enacting Clause.

9-6    A motion to strike out the enacting clause of a bill or resolution has

9-7  precedence over a motion to commit or amend. If a motion to strike out the

9-8  enacting clause of a bill or resolution is carried, the bill or resolution is

9-9  rejected.

9-10  Rule No. 67.  Division of Question.

9-11    1.  Any Senator may call for a division of a question.

9-12    2.  A question must be divided if it embraces subjects so distinct that if

9-13  one subject is taken away, a substantive proposition remains for the

9-14  decision of the Senate.

9-15    3.  A motion to strike out and insert must not be divided.

9-16  Rule No. 68.  To Reconsider—Precedence of.

9-17    1.  A motion to reconsider has precedence over every other motion,

9-18  except a motion to adjourn. When the Senate adjourns while a motion to

9-19  reconsider is pending, or before passing the order of Motions and

9-20  Resolutions, the right to move for reconsideration continues to the next day

9-21  of sitting.

9-22    2.  No notice of reconsideration of any final vote is in order on the day

9-23  preceding the last day of the session.

9-24  Rule No. 69.  Explanation of Motion.

9-25    Whenever a Senator moves to change the usual disposition of a bill or

9-26  resolution, he shall describe the subject of the bill or resolution and state

9-27  the reasons for his requesting the change in the processing of the bill or

9-28  resolution.

 

9-29  The next rule is 80.

 

9-30  VII.  DEBATE

 

9-31  Rule No. 80.  Speaking on Question.

9-32    1.  Every Senator who speaks shall, standing in his place, address “Mr.

9-33  or Madam President,” in a courteous manner, and shall confine himself to

9-34  the question before the Senate. When he has finished, he shall sit down.

9-35    2.  No Senator may speak:

9-36    (a) More than twice during the consideration of any one question on the

9-37  same day, except for explanation.

9-38    (b) A second time without leave when others who have not spoken

9-39  desire the floor.

9-40    3.  Incidental and subsidiary questions arising during debate shall not

9-41  be considered the same question.

9-42  Rule No. 81.  Previous Question.

9-43    The previous question shall not be put unless demanded by three

9-44  Senators, and it shall be in this form: “Shall the main question be now

9-45  put?” When sustained by a majority of Senators present it shall put an end

9-46  to all debate and bring the Senate to a vote on the question or questions


10-1  before it, and all incidental questions arising after the motion was made

10-2  shall be decided without debate. A person who is speaking on a question

10-3  shall not while he has the floor move to put that question.

 

10-4  The next rule is 90.

 

10-5  VIII.  CONDUCT OF BUSINESS

 

10-6  A.  Generally

 

10-7  Rule No. 90.  Mason’s Manual.

10-8    The rules of parliamentary practice contained in Mason’s Manual of

10-9  Legislative Procedure shall govern the Senate in all cases in which they are

10-10  applicable and in which they are not inconsistent with the standing rules

10-11  and orders of the Senate, and the joint rules of the Senate and Assembly.

10-12  Rule No. 91.  Suspension of Rule.

10-13  No standing rule or order of the Senate shall be rescinded or changed

10-14  without a vote of two-thirds of the Senate and one day’s notice of the

10-15  motion therefor; but a rule or order may be temporarily suspended for a

10-16  special purpose by a vote of two-thirds of the members present. When the

10-17  suspension of a rule is called for, and after due notice from the President no

10-18  objection is offered, he can announce the rule suspended and the Senate

10-19  may proceed accordingly; but this shall not apply to that portion of Senate

10-20  Standing Rule No. 109 relating to the third reading of bills, which cannot

10-21  be suspended; and further, this rule shall not apply to the suspension of

10-22  Senate Standing Rule No. 50.

10-23  Rule No. 92.  Notices of Bills, Topics and Public Hearings.

10-24  Adequate notice shall be provided to the Legislators and the public by

10-25  posting information relative to the bills, topics and public hearings which

10-26  are to come before committees. Notices shall include the date, time, place

10-27  and agenda, and shall be posted conspicuously in the legislative building,

10-28  shall appear in the daily history, and shall be made available to the news

10-29  media.

10-30  This requirement of notice may be suspended for an emergency by the

10-31  affirmative vote of two-thirds of the committee members appointed.

10-32  Rule No. 93.  Protest.

10-33  Any Senator, or Senators, may protest against the action of the Senate

10-34  upon any question, and have such protest entered [upon] in the Journal.

10-35  Rule No. 94.  Privilege of the Floor.

10-36  1.  To preserve decorum and facilitate the business of the Senate, only

10-37  the following persons may be present on the floor of the Senate during

10-38  formal sessions:

10-39  (a) State officers;

10-40  (b) Officers and members of the Senate;

10-41  (c) Employees of the Legislative Counsel Bureau;

10-42  (d) Attachés and employees of the Senate; and

10-43  (e) Members of the Assembly whose presence is required for the

10-44  transaction of business.


11-1    2.  Guests of Senators must be seated in a section of the upper or lower

11-2  gallery of the Senate Chamber to be specially designated by the Sergeant at

11-3  Arms. The Majority Leader may specify special occasions when guests

11-4  may be seated on the floor of the Senate with a Senator.

11-5    3.  A majority of Senators may authorize the President to have the

11-6  Senate Chamber cleared of all persons except Senators and officers of the

11-7  Senate.

11-8    4.  The Senate Chamber may not be used for any business other than

11-9  legislative business during a legislative session.

11-10  Rule No. 95.  Material Placed on Legislators’ Desks.

11-11  1.  Only the Sergeant at Arms and officers and employees of the Senate

11-12  may place papers, letters, notes, pamphlets and other written material upon

11-13  a Senator’s desk. Such material must contain the name of the Legislator

11-14  requesting the placement of the material on the desk or a designation of the

11-15  origin of the material.

11-16  2.  This rule does not apply to books containing the legislative bills and

11-17  resolutions, the daily histories and daily journals of the Senate or

11-18  Assembly, or Legislative Counsel Bureau material.

11-19  Rule No. 96.  Reserved.

11-20  Rule No. 97.  Petitions and Memorials.

11-21  The contents of any petition or memorial shall be briefly stated by the

11-22  President or any Senator presenting it. It shall then lie on the table or be

11-23  referred, as the President or Senate may direct.

11-24  Rule No. 98.  Reserved.

11-25  Rule No. 99.  Reserved.

11-26  Rule No. 100.  Reserved.

11-27  Rule No. 101.  Reserved.

11-28  Rule No. 102.  Objection to Reading of Paper.

11-29  Where the reading of any paper is called for, and is objected to by any

11-30  Senator, it shall be determined by a vote of the Senate, and without debate.

11-31  Rule No. 103.  Questions Relating to Priority of Business.

11-32  All questions relating to the priority of business shall be decided without

11-33  debate.

11-34  B.  Bills

11-35  Rule No. 104.  Reserved.

11-36  Rule No. 105.  Reserved.

11-37  Rule No. 106.  Skeleton Bills.

11-38  Skeleton bills may be introduced after the beginning of a session when,

11-39  in the opinion of the sponsor and the Legislative Counsel, the full drafting

11-40  of the bill would entail extensive research or be of considerable length. A

11-41  skeleton bill will be a presentation of ideas or statements of purpose,

11-42  sufficient in style and expression to enable the Legislature and the

11-43  committee to which the bill may be referred to consider the substantive

11-44  merits of the legislation proposed.

11-45  Rule No. 107.  Information Concerning Bills.

11-46  1.  Bills introduced may be accompanied by information relative to

11-47  witnesses and selected persons of departments and agencies who should be

11-48  considered for committee hearings on the proposed legislation. At the time

11-49  of introduction of a bill, a list may be given to the Secretary of witnesses


12-1  who are proponents of the measure together with their addresses and

12-2  telephone numbers. This information may be provided by:

12-3    (a) The Senator introducing the bill;

12-4    (b) The person requesting a committee introduction of the bill; or

12-5    (c) The chairman of a committee introducing the bill.

12-6    2.  The Secretary shall deliver this information to the chairman of the

12-7  committee to which the bill is referred. Members of the committee may

12-8  suggest additional names for witnesses.

12-9    3.  The Legislator may provide an analysis which may describe the

12-10  intent, purpose, justification and effects of the bill, or any of them.

12-11  Rule No. 108.  Reserved.

12-12  Rule No. 109.  Reading of Bills.

12-13  1.  Every bill must receive three readings before its passage, unless, in

12-14  case of emergency, this rule is suspended by a two-thirds vote.

12-15  2.  The first reading of a bill is for information, and if there is

12-16  opposition to the bill, the question must be, “Shall this bill be rejected?” If

12-17  there is no opposition to the bill, or if the question to reject is defeated, the

12-18  bill must then take the usual course.

12-19  3.  No bill may be committed until once read, nor amended until twice

12-20  read.

12-21  4.  The third reading of every bill must be by sections.

12-22  Rule No. 110.  Second Reading File—Consent Calendar.

12-23  1.  All bills or joint resolutions reported by committee must be placed

12-24  on a second reading file unless recommended for placement on the consent

12-25  calendar.

12-26  2.  A committee shall not recommend a bill or joint resolution for

12-27  placement on the consent calendar if:

12-28  (a) An amendment of the bill or joint resolution is recommended;

12-29  (b) It contains an appropriation; [or]

12-30  (c) It requires a two-thirds vote of the Senate; or

12-31  (d) It is controversial in nature.

12-32  3.  A bill or joint resolution recommended for placement on the consent

12-33  calendar must be included in the daily file listed in the daily history of the

12-34  Senate at least 1 calendar day before it may be considered.

12-35  4.  A bill or joint resolution must be removed from the consent

12-36  calendar at the request of any Senator. A bill or joint resolution so removed

12-37  must be immediately placed on the second reading file for consideration in

12-38  the usual order of business.

12-39  5.  When the consent calendar is called, the bills remaining on the

12-40  consent calendar must be read by number and summary, and the vote must

12-41  be taken on their final passage as a group.

12-42  Rule No. 111.  Printing.

12-43  Eleven hundred copies of all bills and resolutions of general interest

12-44  must be printed for the use of the Senate and Assembly. Such other matter

12-45  must be printed as may be ordered by the Senate.

12-46  Rule No. 112.  Reserved.

12-47  Rule No. 113.  Reading of Bills—General File.

12-48  1.  Upon reading of bills on the second reading file, Senate and

12-49  Assembly bills reported without amendments must be placed on the


13-1  general file. Committee amendments reported with bills must be

13-2  considered upon their second reading and such amendments may be

13-3  adopted by a majority vote of the members present. Bills so amended must

13-4  be reprinted, engrossed or reengrossed, and placed on the general file. The

13-5  file must be posted in the Senate Chamber and made available to members

13-6  of the public each day by the Secretary.

13-7    2.  Any member may move to amend a bill during its reading on the

13-8  second reading file or during its third reading and the motion to amend

13-9  may be adopted by a majority vote of the members present. Bills so

13-10  amended on second reading must be treated the same as bills with

13-11  committee amendments. Any bill so amended upon the general file must be

13-12  reprinted and engrossed or reengrossed.

13-13  3.  Unless otherwise ordered by the Senate, eleven hundred copies of

13-14  all amended bills must be printed.

13-15  Rule No. 114.  Commitment of Bill With Special Instructions.

13-16  A bill may be committed with special instructions to amend at any time

13-17  before taking the final vote.

13-18  Rule No. 115.  Reconsideration of Vote on Bill.

13-19  1.  On the day after the final vote on any bill, the vote may be

13-20  reconsidered on motion of any member if notice of intention to move for

13-21  reconsideration was given on the day the final vote was taken by a Senator

13-22  who voted on the prevailing side. No motion to reconsider is in order on

13-23  the day the final vote was taken, except by unanimous consent.

13-24  2.  Motions to reconsider a vote upon amendments to any pending

13-25  question may be made and decided at once.

13-26  Rule No. 116.  Reserved.

13-27  Rule No. 117.  Different Subject Not Admitted as Amendment.

13-28  No subject different from that under consideration shall be admitted as

13-29  an amendment; and no bill or resolution shall be amended by incorporating

13-30  any irrelevant subject matter or by association or annexing any other bill or

13-31  resolution pending in the Senate, but a substitute may be offered at any

13-32  time so long as the original is open to amendment.

 

13-33  C.  Resolutions

 

13-34  Rule No. 118.  Treated as Bills.

13-35  Resolutions addressed to Congress, or to either House thereof, or to the

13-36  President of the United States, or the heads of any of the national

13-37  departments, or proposing amendments to the State Constitution are

13-38  subject, in all respects, to the foregoing rules governing the course of bills.

13-39  A joint resolution proposing an amendment to the constitution shall be

13-40  entered in the journal in its entirety.

13-41  Rule No. 119.  Treated as Motions.

13-42  Resolutions, other than those referred to in Senate Standing Rule No.

13-43  118, shall be treated as motions in all proceedings of the Senate.

13-44  Rule No. 120.  Order of Business.

13-45  1.  Roll Call.

13-46  2.  Prayer [by the Chaplain.

13-47  3.] and Pledge of Allegiance to the Flag.


14-1    [4.] 3.  Reading and Approval of the Journal.

14-2    [5.] 4.  Reports of [Standing Committees.

14-3    6.] Committees.

14-4    5.  Messages from the Governor.

14-5    [7.] 6.  Messages from the Assembly.

14-6    [8.  Communications from State Officers.]

14-7    7.  Communications.

14-8    8.  Waivers and Exemptions.

14-9    9.  Motions, Resolutions and Notices.

14-10  10.  Introduction, First Reading and Reference.

14-11  11.  Consent Calendar.

14-12  12.  Second Reading and Amendment.

14-13  13.  [Business on] General File and Third Reading.

14-14  14.  Unfinished Business.

14-15  15.  Special Orders of the Day.

14-16  16.  Remarks from the Floor; Introduction of Guests.

14-17  Rule No. 121.  Privilege.

14-18  Any Senator may rise and explain a matter personal to himself by leave

14-19  of the President, but he shall not discuss any pending question in such

14-20  explanation.

14-21  Rule No. 122.  Reserved.

14-22  Rule No. 123.  Reserved.

14-23  Rule No. 124.  Preference to Speak.

14-24  When two or more Senators rise at the same time the President shall

14-25  name the one who may first speak—giving preference, when practicable, to

14-26  the mover or introducer of the subject under consideration.

14-27  Rule No. 125.  Special Order.

14-28  The President shall call the Senate to order on the arrival of the time

14-29  fixed for the consideration of a special order, and announce that the special

14-30  order is before the Senate, which shall be considered, unless it be

14-31  postponed by a two-thirds vote, and any business before the Senate at the

14-32  time of the announcement of the special order shall go to Unfinished

14-33  Business.

14-34  Rule No. 126.  Reserved.

14-35  Rule No. 127.  Reserved.

14-36  Rule No. 128.  Reserved.

14-37  Rule No. 129.  Reserved.

 

14-38  D.  Contests of Elections

 

14-39  Rule No. 130.  Procedure.

14-40  1.  The Senate shall not dismiss a statement of contest for want of form

14-41  if any ground of contest is alleged with sufficient certainty to inform the

14-42  defendant of the charges he is required to meet. The following grounds are

14-43  sufficient, but are not exclusive:

14-44  (a) That the election board or any member thereof was guilty of

14-45  malfeasance.

14-46  (b) That a person who has been declared elected to an office was not at

14-47  the time of election eligible to that office.


15-1    (c) That illegal votes were cast and counted for the defendant, which, if

15-2  taken from him, will reduce the number of his legal votes below the

15-3  number necessary to elect him.

15-4    (d) That the election board, in conducting the election or in canvassing

15-5  the returns, made errors sufficient to change the result of the election as to

15-6  any person who has been declared elected.

15-7    (e) That the defendant has given, or offered to give, to any person a

15-8  bribe for the purpose of procuring his election.

15-9    (f) That there was a possible malfunction of any voting or counting

15-10  device.

15-11  2.  The contest must be submitted so far as may be possible upon

15-12  depositions or by written or oral arguments as the Senate may order. Any

15-13  party to a contest may take the deposition of any witness at any time after

15-14  the statement of contest is filed with the Secretary of State and before the

15-15  contest is finally decided. At least 5 days’ notice must be given to the

15-16  prospective deponent and to the other party. If oral statements are made at

15-17  any hearing before the Senate or a committee thereof which purport to

15-18  establish matters of fact, they must be made under oath. Strict rules of

15-19  evidence do not apply.

15-20  3.  The contestant has the burden of proving that any irregularities

15-21  shown were of such nature as to establish the probability that the result of

15-22  the election was changed thereby. After consideration of all the evidence,

15-23  the Senate shall declare the defendant elected unless the Senate finds from

15-24  the evidence that a person other than the defendant received the greatest

15-25  number of legal votes, in which case the Senate shall declare that person

15-26  elected.

 

15-27  The next rule is 140.

 

15-28  IX.  LEGISLATIVE INVESTIGATIONS

 

15-29  Rule No. 140.  Compensation of Witnesses.

15-30  Witnesses summoned to appear before the Senate, or any of its

15-31  committees, shall be compensated as provided by law for witnesses

15-32  required to attend in the courts of the State of Nevada.

 

15-33  H