Senate Resolution No. 1–Senators Raggio and Titus

 

FILE NUMBER....

 

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,

1-15   rising from his seat for that purpose, and shall decide questions of order

1-16   without debate, subject to an appeal to the Senate by two members, on

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

1-18   Senate. 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

1-20   be attested by the Secretary. He has general direction of the Senate

1-21   Chamber.

1-22  Rule No. 2.  President pro Tem.

1-23    The President pro Tem has all the power and shall discharge all the

1-24   duties of the President during his absence or inability to discharge the

1-25   duties of his office. In the absence or inability of the President pro Tem to

1-26   discharge the duties of the President’s office, the Chairman of the

1-27   Committee on Legislative Affairs and Operations shall preside. In the

1-28   absence of the Chairman, the Vice Chairman of the Committee on

1-29   Legislative Affairs and Operations shall preside. In the absence of the

1-30   Vice Chairman of the Committee on Legislative Affairs and Operations,

1-31   the Senate shall elect one of its members as the presiding officer for that

1-32   occasion.

1-33  Rule No. 3.  Secretary.

1-34    1.  The Secretary of the Senate is elected by the Senate, and shall:

1-35    (a) Interview and recommend to the Committee on Legislative Affairs

1-36   and Operations persons to be considered for employment to assist the

1-37   Secretary.

1-38    (b) See that these employees perform their respective duties.

1-39    (c) Administer the daily business of the Senate, including the provision

1-40   of secretaries to its committees.


2-1    (d) Unless otherwise ordered by the Senate, transmit at the end of each

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

2-3   taken by the Assembly.

2-4    2.  The Secretary is responsible to the Majority Leader.

2-5  Rule No. 4.  Sergeant at Arms.

2-6    1.  The Sergeant at Arms shall attend the Senate during its sittings, and

2-7   execute its commands and all process issued by its authority. He must be

2-8   sworn to keep the secrets of the Senate.

2-9    2.  The Sergeant at Arms shall:

2-10    (a) Superintend the upkeep of the Senate’s Chamber, private lounge,

2-11   and meeting rooms for committees.

2-12    (b) Interview and recommend to the Committee on Legislative Affairs

2-13   and Operations persons to be considered for employment to assist the

2-14   Sergeant at Arms.

2-15    3.  The Sergeant at Arms is responsible to the Majority Leader.

2-16  Rule No. 5.  Assistant Sergeant at Arms.

2-17    The Assistant Sergeant at Arms shall be doorkeeper and shall preserve

2-18   order in the Senate Chamber and shall assist the Sergeant at Arms. He

2-19   shall be sworn to keep the secrets of the Senate.

2-20  Rule No. 6.  Reserved.

 

2-21  The next rule is 10.

 

2-22  II.  SESSIONS AND MEETINGS

 

2-23  Rule No. 10.  Time of Meeting.

2-24    The President shall call the Senate to order each day of sitting at 11:00

2-25   o’clock a.m., unless the Senate has adjourned to some other hour.

2-26  Rule No. 11.  Call of Senate—Moved by Three Members.

2-27    A Call of the Senate may be moved by three Senators, and if carried by a

2-28   majority of all present, the Secretary shall call the roll and note the

2-29   absentees, after which the names of the absentees shall again be called

2-30   over. The doors shall then be closed and the Sergeant at Arms directed to

2-31   take into custody all who may be absent without leave, and all Senators so

2-32   taken into custody shall be presented at the bar of the Senate for such

2-33   action as to the Senate may seem proper.

2-34  Rule No. 12.  Absence—Leave Required.

2-35    No Senator shall absent himself from the service of the Senate without

2-36   leave, except in case of accident or sickness, and if any Senator or officer

2-37   shall so absent himself his per diem shall not be allowed him.

2-38  Rule No. 13.  Open Meetings.

2-39    1.  Except as provided in the Constitution of the State of Nevada and in

2-40   subsection 2 of this rule, all meetings of the Senate and its committees

2-41   must be open to the public.

2-42    2.  A Senate committee meeting may be closed to consider the

2-43   character, alleged misconduct, professional competence, or physical or

2-44   mental health of a person.

 

2-45  The next rule is 20.

 


3-1  III.  DECORUM AND DEBATE

 

3-2  Rule No. 20.  Points of Order.

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

3-4   the Senate, the President shall, or any Senator may, call him to order. If a

3-5   Senator is so called to order, he shall not proceed without leave of the

3-6   Senate. If such leave is granted, it must be upon the motion, “That he be

3-7   allowed to proceed in order,” and the Senator shall confine himself to the

3-8   question under consideration and avoid personality.

3-9    2.  Every decision of points of order made by the President is subject to

3-10   appeal, and a discussion of a question of order may be allowed only upon

3-11   the appeal of two Senators. In all cases of appeal, the question must be,

3-12   “Shall the decision of the Chair stand as the judgment of the Senate?”

3-13  Rule No. 21.  Breaches of Decorum.

3-14    1.  In cases of breaches of decorum or propriety, any Senator, officer or

3-15   other person is liable to such censure or punishment as the Senate may

3-16   deem proper.

3-17    2.  If any Senator is called to order for offensive or indecorous

3-18   language or conduct, the person calling him to order shall report the

3-19   offensive or indecorous language or conduct to the presiding officer. No

3-20   member may be held to answer for any language used on the floor of the

3-21   Senate if business has intervened before exception to the language was

3-22   taken.

3-23    3.  Indecorous conduct or boisterous or unbecoming language is not

3-24   permitted in the Senate Chamber.

 

3-25  The next rule is 30.

 

3-26  IV.  QUORUM, VOTING, ELECTIONS

 

3-27  Rule No. 30.  Recorded Vote—Three Required to Call For.

3-28    1.  A recorded vote must be taken upon final passage of a bill or joint

3-29   resolution, and in any other case when called for by three members. Every

3-30   Senator within the bar of the Senate shall vote “aye” or “no” or record

3-31   himself as “not voting,” unless excused by unanimous vote of the Senate.

3-32    2.  The votes and names of those absent or recorded as “not voting” and

3-33   the names of Senators demanding the recorded vote must be entered [on]

3-34   in the Journal.

3-35  Rule No. 31.  President to Decide—Tie Vote.

3-36    A question is lost by a tie vote, but when the Senate is equally divided

3-37   on any question except the passage of a bill or joint resolution, the

3-38   President may give the deciding vote.

3-39  Rule No. 32.  Manner of Election—Voting.

3-40    1.  In all cases of election by the Senate, the vote must be taken viva

3-41   voce. In other cases, if a vote is to be recorded, it may be taken by oral

3-42   roll-call or by electronic recording.

3-43    2.  When a recorded vote is taken, no Senator may:

3-44    (a) Vote except when at his seat;

3-45    (b) Vote upon any question in which he is in any way personally or

3-46   directly interested;

3-47    (c) Explain his vote or discuss the question while the voting is in

3-48   progress; or


4-1    (d) Change his vote after the result is announced.

4-2    3.  The announcement of the result of any vote must not be postponed.

 

4-3  The next rule is 40.

 

4-4  V.  LEGISLATIVE BODIES

 

4-5  Rule No. 40.  Standing Committees.

4-6    1.  Except as otherwise provided in subsection 2, the standing

4-7   committees of the Senate and their respective jurisdiction for the reference

4-8   of bills and resolutions are as follows:

4-9    (a) Commerce and Labor, seven members, with jurisdiction over

4-10   measures affecting primarily Titles 52-57, and chapters 118B, 461, 461A,

4-11   489, 703-704A and 707-712 of NRS, except measures affecting primarily

4-12   state and local revenue.

4-13    (b) Finance, seven members, with jurisdiction over measures primarily

4-14   affecting chapters 286 and 387 of NRS, appropriations, operating and

4-15   capital budgets, state and federal budget issues and bonding, except

4-16   measures affecting primarily state and local revenue, and over any

4-17   measures carrying or requiring appropriations and favorably reported by

4-18   any other committee unless such reference is dispensed with by a two

4-19  -thirds vote of the Senate.

4-20    (c) Government Affairs, seven members, with jurisdiction over

4-21   measures affecting primarily the districts from which members of the

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

4-23   chapters 281-285, 287-289 , [and] 407 and 720 of NRS, except measures

4-24   affecting primarily state and local revenue, state and federal budget issues,

4-25   the Tahoe Regional Planning Compact and the Nevada Tahoe regional

4-26   planning agency.

4-27    (d) Human Resources and Facilities, seven members, with jurisdiction

4-28   over measures primarily affecting Titles 33, 37-39 and 42 and chapters

4-29   385, 386, 388-399, 439-444, 446-458, 459A, 460 and 583-585 of NRS,

4-30   except measures affecting primarily state and local revenue.

4-31    (e) Judiciary, seven members, with jurisdiction over measures affecting

4-32   primarily Titles [1-16] 1-9, 11-16, and 41 and chapters 111-118A and

4-33   119-120A of NRS, except measures affecting primarily state and local

4-34   revenue.

4-35    (f) Legislative Affairs and Operations, seven members, with jurisdiction

4-36   over measures affecting primarily Title 17 of NRS, except the districts

4-37   from which members of the Legislature are elected, and the operation of

4-38   the legislative session, except measures affecting primarily state and local

4-39   revenue.

4-40    (g) Natural Resources, seven members, with jurisdiction over measures

4-41   primarily affecting Titles 26 and 45-50 and chapters 444A-445C, 459,

4-42   488, 581, 582 and 586-590 of NRS, the Colorado River Commission, the

4-43   Tahoe Regional Planning Compact and the Nevada Tahoe regional

4-44   planning agency, except measures affecting primarily state and local

4-45   revenue.

4-46    (h) Taxation, seven members, with jurisdiction over measures affecting

4-47   primarily Title 32 of NRS and state and local revenue.


5-1    (i) Transportation, seven members, with jurisdiction over measures

5-2  affecting primarily Title 44 and chapters 403-405, 408, 410, 481-487, 705

5-3   and 706 of NRS, except measures affecting primarily state and local

5-4   revenue.

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

5-6   any portion of a proposed executive budget to any of the other standing

5-7   committees of the Senate for review. Upon receiving such an assignment

5-8   the standing committee shall complete its review expeditiously and report

5-9   its findings and any recommendations to the Standing Committee on

5-10   Finance for its independent evaluation.

5-11  Rule No. 41.  Reserved.

5-12  Rule No. 42.  Committee Expenses.

5-13    No committee shall employ assistance or incur any expense, except by

5-14   permission of the Senate previously obtained.

5-15  Rule No. 43.  Duties of Committees.

5-16    The several committees shall fully consider all measures referred to

5-17   them and report thereon. They shall acquaint themselves with the interests

5-18   of the State specially represented by the committee, and from time to time

5-19   present such bills and reports as in their judgment will advance the

5-20   interests and promote the welfare of the people of the State, and shall fully

5-21   consider and report their opinion upon any matter committed or referred to

5-22   them by the Senate.

5-23  Rule No. 44.  Committee on Legislative Affairs and Operations.

5-24    The Committee on Legislative Affairs and Operations shall recommend

5-25   by resolution the appointment of all attachés and employees of the Senate

5-26   not otherwise provided for by law. It may suspend any attaché or

5-27   employee for incompetency or dereliction of duty, pending final action by

5-28   the Senate. It shall hear complaints on alleged breaches of ethics and

5-29   conflicts of interest, brought by Legislators and others, and it may advise

5-30   Legislators on questions of breaches of ethics and conflicts of interests.

5-31   All proceedings by the committee on matters of ethics or conflicts of

5-32   interest are open to the public unless otherwise authorized to be closed to

5-33   the public by section 15 of article 4 of the Constitution of the State of

5-34   Nevada.

5-35  Rule No. 45.  Reserved.

5-36  Rule No. 46.  Forming Committee of the Whole.

5-37    In forming the Committee of the Whole, the Senator who has so moved

5-38   shall name a chairman to preside, and all bills considered shall be read by

5-39   sections, and the chairman shall call for amendments at the conclusion of

5-40   the reading of each section. All amendments proposed by the committee

5-41   shall be reported by the chairman to the Senate.

5-42  Rule No. 47.  Rules Applicable to Committee of the Whole.

5-43    The Rules of the Senate shall apply to proceedings in Committee of the

5-44   Whole, except that the previous question shall not be ordered, nor the ayes

5-45   and noes demanded, but the committee may limit the number of times that

5-46   any member may speak, at any stage of proceedings, during its sitting.

5-47   Messages may be received by the President while the committee is sitting;

5-48   in which case the President will resume the chair, receive the message, and

5-49   vacate the chair in favor of the chairman of the committee.

5-50  Rule No. 48.  Motion to Rise Committee of the Whole.

5-51    A motion that the committee rise shall always be in order, and shall be

5-52   decided without debate.


6-1  Rule No. 49.  Reference to Committee.

6-2    When a motion is made to refer any subject, and different committees

6-3   are proposed, the [question must be taken in the following order:

6-4    1.  The Committee of the Whole Senate.

6-5    2.  A Standing Committee.] subject may be referred to the committee

6-6   with jurisdiction over the subject as set forth in Senate Standing Rule

6-7   No. 40, or to a different committee, upon a majority vote of the Senate.

6-8  Rule No. 50.  Return From Committee.

6-9    1.  Any bill or other matter referred to a committee of the Senate must

6-10   not be withdrawn or ordered taken from the committee for consideration

6-11   by the Senate, recommitment, or for any other reason without a two-thirds

6-12   vote of the Senate, and at least one day’s notice of the motion therefor.

6-13    2.  No such motion is in order:

6-14    (a) If the bill to be withdrawn or ordered taken from the committee may

6-15   no longer be considered by the Senate; or

6-16    (b) On the last day of the session, or on the day preceding the last day of

6-17   the session.

6-18    3.  This rule does not take from any committee the rights and duties of

6-19   committees provided for in Senate Standing Rule No. 43.

6-20  Rule No. 51.  Reserved.

6-21  Rule No. 52.  Reserved.

6-22  Rule No. 53.  Committee Rules.

6-23    1.  The rules of the Senate, as far as applicable, are the rules of

6-24   committees of the Senate. Procedure in committees, where not otherwise

6-25   provided in this rule, must follow the procedure of the Senate. For matters

6-26   not included in the rules of the Senate or these rules, Mason’s Manual

6-27   must be followed.

6-28    2.  A majority of any committee constitutes a quorum for the

6-29   transaction of business.

6-30    3.  A meeting of a committee may not be opened without a quorum

6-31   present.

6-32    4.  In addition to regularly scheduled meetings or those called by the

6-33   chairman, meetings may be set by a written petition of a majority of a

6-34   committee and filed with the chairman of a committee.

6-35    5.  A bill may be passed from a committee only by a majority of the

6-36   committee membership. A simple majority of those present and voting is

6-37   sufficient to adopt committee amendments.

6-38    6.  Subcommittees may be appointed by committee chairmen to

6-39   consider subjects specified by the committee and shall report back to the

6-40   committee.

6-41    7.  A committee shall act only when together, and all votes must be

6-42   taken in the presence of the committee. A member shall not be recorded as

6-43   voting unless he was actually present in the committee at the time of the

6-44   vote. The chairman shall vote on all final actions on bills or resolutions.

6-45   The provisions of this subsection do not prohibit the prefiling of legislative

6-46   bills and resolutions on behalf of a committee in the manner prescribed by

6-47   the legislative commission.

6-48    8.  All committee and subcommittee meetings are open to the public,

6-49   except as otherwise provided in Senate Standing Rule No. 13.

6-50    9.  Before reporting a bill or resolution to the Senate, a committee may

6-51   reconsider its action. A motion to reconsider must be made by a member

6-52   who voted with the prevailing side.


7-1    10.  Committee chairmen shall determine the agenda of each meeting

7-2  except that committee members may request an item for the agenda by

7-3   communicating with the chairman at least 4 days before the meeting. A

7-4   majority of a committee may, by vote, add an item to the agenda of the

7-5   next regularly scheduled meeting.

7-6    11.  Secretaries to committees shall give notices of hearings on bills to

7-7   anyone requesting notices of particular bills.

7-8    12.  All committees shall keep minutes of meetings. The minutes must

7-9   cover members present and absent, subjects under discussion, witnesses

7-10   who appear, committee members’ statements concerning legislative intent,

7-11   action taken by the committee, as well as the vote of individual members

7-12   on all matters on which a vote is taken. Any member may submit to the

7-13   secretary additional remarks to be included in the minutes and records of

7-14   committee meetings. At the conclusion of the legislative session, the

7-15   Secretary of the Senate shall deliver all minutes and records of committee

7-16   meetings in her possession to the Director of the Legislative Counsel

7-17   Bureau.

7-18    13.  In addition to the minutes, the committee secretary shall maintain a

7-19   record of all bills, including:

7-20    (a) Date bill referred;

7-21    (b) Date bill received;

7-22    (c) Date set for hearing the bill;

7-23    (d) Date or dates bill heard and voted upon; and

7-24    (e) Date report prepared.

7-25    14.  Each committee secretary shall file the minutes of each meeting

7-26   with the Secretary of the Senate as soon as practicable after the meeting.

7-27    15.  All committee minutes are open to public inspection upon request

7-28   and during normal business hours.

7-29  Rule No. 54.  Review of State Agency Programs.

7-30    In addition to or concurrent with committee action taken on specific bills

7-31   and resolutions during a regular session of the Legislature, each standing

7-32   committee of the Senate is encouraged to plan and conduct a general

7-33   review of selected programs of state agencies or other areas of public

7-34   interest within the committee’s jurisdiction.

 

7-35  The next rule is 60.

 

7-36  VI.  RULES GOVERNING MOTIONS

 

7-37  A.  Motions Generally

 

7-38  Rule No. 60.  Entertaining.

7-39    1.  No motion may be debated until it is announced by the President.

7-40    2.  By consent of the Senate, a motion may be withdrawn before

7-41   amendment or decision.

7-42  Rule No. 61.  Precedence of Motions.

7-43    When a question is under debate no motion shall be received but the

7-44   following, which shall have precedence in the order named:

7-45    1.  To adjourn.

7-46    2.  For a call of the Senate.

7-47    3.  To lay on the table.

7-48    4.  For the previous question.


8-1    5.  To postpone to a day certain.

8-2    6.  To commit.

8-3    7.  To amend.

8-4    8.  To postpone indefinitely.

8-5    The first four shall be decided without debate.

8-6  Rule No. 62.  When Not Entertained.

8-7    1.  When a motion to commit, to postpone to a day certain, or to

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

8-9   the same day.

8-10    2.  When a question has been postponed indefinitely, it must not again

8-11   be introduced during the session unless this rule is suspended by a two

8-12  -thirds vote.

8-13    3.  There must be no reconsideration of a vote on a motion to postpone

8-14   indefinitely.

 

8-15  B.  Particular Motions

 

8-16  Rule No. 63.  To Adjourn.

8-17    A motion to adjourn shall always be in order. The name of the Senator

8-18   moving to adjourn, and the time when the motion was made, shall be

8-19   entered [on] in the Journal.

8-20  Rule No. 64.  Lay on the Table.

8-21    A motion to lay on or take from the table shall be carried by a majority

8-22   vote.

8-23  Rule No. 65.  Reserved.

8-24  Rule No. 66.  To Strike Enacting Clause.

8-25    A motion to strike out the enacting clause of a bill or resolution has

8-26   precedence over a motion to commit or amend. If a motion to strike out

8-27   the enacting clause of a bill or resolution is carried, the bill or resolution is

8-28   rejected.

8-29  Rule No. 67.  Division of Question.

8-30    1.  Any Senator may call for a division of a question.

8-31    2.  A question must be divided if it embraces subjects so distinct that if

8-32   one subject is taken away, a substantive proposition remains for the

8-33   decision of the Senate.

8-34    3.  A motion to strike out and insert must not be divided.

8-35  Rule No. 68.  To Reconsider—Precedence of.

8-36    1.  A motion to reconsider has precedence over every other motion,

8-37   except a motion to adjourn. When the Senate adjourns while a motion to

8-38   reconsider is pending, or before passing the order of Motions and

8-39   Resolutions, the right to move for reconsideration continues to the next

8-40   day of sitting.

8-41    2.  No notice of reconsideration of any final vote is in order on the day

8-42   preceding the last day of the session.

8-43  Rule No. 69.  Explanation of Motion.

8-44    Whenever a Senator movesGreen numbers along left margin indicate location on the printed bill (e.g., 5-15 indicates page 5, line 15). to change the usual disposition of a bill or

8-45   resolution, he shall describe the subject of the bill or resolution and state

8-46   the reasons for his requesting the change in the processing of the bill or

8-47   resolution.

 

8-48  The next rule is 80.

 


9-1  VII.  DEBATE

 

9-2  Rule No. 80.  Speaking on Question.

9-3    1.  Every Senator who speaks shall, standing in his place, address “Mr.

9-4   or Madam President,” in a courteous manner, and shall confine himself to

9-5   the question before the Senate. When he has finished, he shall sit down.

9-6    2.  No Senator may speak:

9-7    (a) More than twice during the consideration of any one question on the

9-8   same day, except for explanation.

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

9-10   desire the floor.

9-11    3.  Incidental and subsidiary questions arising during debate shall not

9-12   be considered the same question.

9-13  Rule No. 81.  Previous Question.

9-14    The previous question shall not be put unless demanded by three

9-15   Senators, and it shall be in this form: “Shall the main question be now

9-16   put?” When sustained by a majority of Senators present it shall put an end

9-17   to all debate and bring the Senate to a vote on the question or questions

9-18   before it, and all incidental questions arising after the motion was made

9-19   shall be decided without debate. A person who is speaking on a question

9-20   shall not while he has the floor move to put that question.

 

9-21  The next rule is 90.

 

9-22  VIII.  CONDUCT OF BUSINESS

 

9-23  A.  Generally

 

9-24  Rule No. 90.  Mason’s Manual.

9-25    The rules of parliamentary practice contained in Mason’s Manual of

9-26   Legislative Procedure shall govern the Senate in all cases in which they

9-27   are applicable and in which they are not inconsistent with the standing

9-28   rules and orders of the Senate, and the joint rules of the Senate and

9-29   Assembly.

9-30  Rule No. 91.  Suspension of Rule.

9-31    No standing rule or order of the Senate shall be rescinded or changed

9-32   without a vote of two-thirds of the Senate and one day’s notice of the

9-33   motion therefor; but a rule or order may be temporarily suspended for a

9-34   special purpose by a vote of two-thirds of the members present. When the

9-35   suspension of a rule is called for, and after due notice from the President

9-36   no objection is offered, he can announce the rule suspended and the Senate

9-37   may proceed accordingly; but this shall not apply to that portion of Senate

9-38   Standing Rule No. 109 relating to the third reading of bills, which cannot

9-39   be suspended; and further, this rule shall not apply to the suspension of

9-40   Senate Standing Rule No. 50.

9-41  Rule No. 92.  Notices of Bills, Topics and Public Hearings.

9-42    Adequate notice shall be provided to the Legislators and the public by

9-43   posting information relative to the bills, topics and public hearings which

9-44   are to come before committees. Notices shall include the date, time, place

9-45   and agenda, and shall be posted conspicuously in the legislative building,

9-46   shall appear in the daily history, and shall be made available to the news

9-47   media.


10-1    This requirement of notice may be suspended for an emergency by the

10-2  affirmative vote of two-thirds of the committee members appointed.

10-3  Rule No. 93.  Protest.

10-4    Any Senator, or Senators, may protest against the action of the Senate

10-5   upon any question, and have such protest entered [upon] in the Journal.

10-6  Rule No. 94.  Privilege of the Floor.

10-7    1.  To preserve decorum and facilitate the business of the Senate, only

10-8   the following persons may be present on the floor of the Senate during

10-9   formal sessions:

10-10  (a) State officers;

10-11  (b) Officers and members of the Senate;

10-12  (c) Employees of the Legislative Counsel Bureau;

10-13  (d) Attachés and employees of the Senate; and

10-14  (e) Members of the Assembly whose presence is required for the

10-15   transaction of business.

10-16  2.  Guests of Senators must be seated in a section of the upper or lower

10-17   gallery of the Senate Chamber to be specially designated by the Sergeant

10-18   at Arms. The Majority Leader may specify special occasions when guests

10-19   may be seated on the floor of the Senate with a Senator.

10-20  3.  A majority of Senators may authorize the President to have the

10-21   Senate Chamber cleared of all persons except Senators and officers of the

10-22   Senate.

10-23  4.  The Senate Chamber may not be used for any business other than

10-24   legislative business during a legislative session.

10-25  Rule No. 95.  Material Placed on Legislators’ Desks.

10-26  1.  Only the Sergeant at Arms and officers and employees of the Senate

10-27   may place papers, letters, notes, pamphlets and other written material upon

10-28   a Senator’s desk. Such material must contain the name of the Legislator

10-29   requesting the placement of the material on the desk or a designation of

10-30   the origin of the material.

10-31  2.  This rule does not apply to books containing the legislative bills and

10-32   resolutions, the daily histories and daily journals of the Senate or

10-33   Assembly, or Legislative Counsel Bureau material.

10-34  Rule No. 96.  Reserved.

10-35  Rule No. 97.  Petitions and Memorials.

10-36  The contents of any petition or memorial shall be briefly stated by the

10-37   President or any Senator presenting it. It shall then lie on the table or be

10-38   referred, as the President or Senate may direct.

10-39  Rule No. 98.  Reserved.

10-40  Rule No. 99.  Reserved.

10-41  Rule No. 100.  Reserved.

10-42  Rule No. 101.  Reserved.

10-43  Rule No. 102.  Objection to Reading of Paper.

10-44  Where the reading of any paper is called for, and is objected to by any

10-45   Senator, it shall be determined by a vote of the Senate, and without debate.

10-46  Rule No. 103.  Questions Relating to Priority of Business.

10-47  All questions relating to the priority of business shall be decided without

10-48   debate.

10-49  B.  Bills

10-50  Rule No. 104.  Reserved.

10-51  Rule No. 105.  Reserved.


11-1  Rule No. 106.  Skeleton Bills.

11-2    Skeleton bills may be introduced after the beginning of a session when,

11-3   in the opinion of the sponsor and the Legislative Counsel, the full drafting

11-4   of the bill would entail extensive research or be of considerable length. A

11-5   skeleton bill will be a presentation of ideas or statements of purpose,

11-6   sufficient in style and expression to enable the Legislature and the

11-7   committee to which the bill may be referred to consider the substantive

11-8   merits of the legislation proposed.

11-9  Rule No. 107.  Information Concerning Bills.

11-10  1.  Bills introduced may be accompanied by information relative to

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

11-12   considered for committee hearings on the proposed legislation. At the time

11-13   of introduction of a bill, a list may be given to the Secretary of witnesses

11-14   who are proponents of the measure together with their addresses and

11-15   telephone numbers. This information may be provided by:

11-16  (a) The Senator introducing the bill;

11-17  (b) The person requesting a committee introduction of the bill; or

11-18  (c) The chairman of a committee introducing the bill.

11-19  2.  The Secretary shall deliver this information to the chairman of the

11-20   committee to which the bill is referred. Members of the committee may

11-21   suggest additional names for witnesses.

11-22  3.  The Legislator may provide an analysis which may describe the

11-23   intent, purpose, justification and effects of the bill, or any of them.

11-24  Rule No. 108.  Reserved.

11-25  Rule No. 109.  Reading of Bills.

11-26  1.  Every bill must receive three readings before its passage, unless, in

11-27   case of emergency, this rule is suspended by a two-thirds vote.

11-28  2.  The first reading of a bill is for information, and if there is

11-29   opposition to the bill, the question must be, “Shall this bill be rejected?” If

11-30   there is no opposition to the bill, or if the question to reject is defeated, the

11-31   bill must then take the usual course.

11-32  3.  No bill may be committed until once read, nor amended until twice

11-33   read.

11-34  4.  The third reading of every bill must be by sections.

11-35  Rule No. 110.  Second Reading File—Consent Calendar.

11-36  1.  All bills or joint resolutions reported by committee must be placed

11-37   on a second reading file unless recommended for placement on the consent

11-38   calendar.

11-39  2.  A committee shall not recommend a bill or joint resolution for

11-40   placement on the consent calendar if:

11-41  (a) An amendment of the bill or joint resolution is recommended;

11-42  (b) It contains an appropriation; [or]

11-43  (c) It requires a two-thirds vote of the Senate; or

11-44  (d) It is controversial in nature.

11-45  3.  A bill or joint resolution recommended for placement on the consent

11-46   calendar must be included in the daily file listed in the daily history of the

11-47   Senate at least 1 calendar day before it may be considered.

11-48  4.  A bill or joint resolution must be removed from the consent

11-49   calendar at the request of any Senator. A bill or joint resolution so

11-50   removed must be immediately placed on the second reading file for

11-51   consideration in the usual order of business.


12-1    5.  When the consent calendar is called, the bills remaining on the

12-2  consent calendar must be read by number and summary, and the vote must

12-3   be taken on their final passage as a group.

12-4  Rule No. 111.  Printing.

12-5    Eleven hundred copies of all bills and resolutions of general interest

12-6   must be printed for the use of the Senate and Assembly. Such other matter

12-7   must be printed as may be ordered by the Senate.

12-8  Rule No. 112.  Reserved.

12-9  Rule No. 113.  Reading of Bills—General File.

12-10  1.  Upon reading of bills on the second reading file, Senate and

12-11   Assembly bills reported without amendments must be placed on the

12-12   general file. Committee amendments reported with bills must be

12-13   considered upon their second reading and such amendments may be

12-14   adopted by a majority vote of the members present. Bills so amended must

12-15   be reprinted, engrossed or reengrossed, and placed on the general file. The

12-16   file must be posted in the Senate Chamber and made available to members

12-17   of the public each day by the Secretary.

12-18  2.  Any member may move to amend a bill during its reading on the

12-19   second reading file or during its third reading and the motion to amend

12-20   may be adopted by a majority vote of the members present. Bills so

12-21   amended on second reading must be treated the same as bills with

12-22   committee amendments. Any bill so amended upon the general file must

12-23   be reprinted and engrossed or reengrossed.

12-24  3.  Unless otherwise ordered by the Senate, eleven hundred copies of

12-25   all amended bills must be printed.

12-26  Rule No. 114.  Commitment of Bill With Special Instructions.

12-27  A bill may be committed with special instructions to amend at any time

12-28   before taking the final vote.

12-29  Rule No. 115.  Reconsideration of Vote on Bill.

12-30  1.  On the day after the final vote on any bill, the vote may be

12-31   reconsidered on motion of any member if notice of intention to move for

12-32   reconsideration was given on the day the final vote was taken by a Senator

12-33   who voted on the prevailing side. No motion to reconsider is in order on

12-34   the day the final vote was taken, except by unanimous consent.

12-35  2.  Motions to reconsider a vote upon amendments to any pending

12-36   question may be made and decided at once.

12-37  Rule No. 116.  Reserved.

12-38  Rule No. 117.  Different Subject Not Admitted as Amendment.

12-39  No subject different from that under consideration shall be admitted as

12-40   an amendment; and no bill or resolution shall be amended by

12-41   incorporating any irrelevant subject matter or by association or annexing

12-42   any other bill or resolution pending in the Senate, but a substitute may be

12-43   offered at any time so long as the original is open to amendment.

 

12-44  C.  Resolutions

 

12-45  Rule No. 118.  Treated as Bills.

12-46  Resolutions addressed to Congress, or to either House thereof, or to the

12-47   President of the United States, or the heads of any of the national

12-48   departments, or proposing amendments to the State Constitution are

12-49   subject, in all respects, to the foregoing rules governing the course of bills.


13-1  A joint resolution proposing an amendment to the constitution shall be

13-2  entered in the journal in its entirety.

13-3  Rule No. 119.  Treated as Motions.

13-4    Resolutions, other than those referred to in Senate Standing Rule No.

13-5   118, shall be treated as motions in all proceedings of the Senate.

13-6  Rule No. 120.  Order of Business.

13-7    1.  Roll Call.

13-8    2.  Prayer [by the Chaplain.

13-9    3.] and Pledge of Allegiance to the Flag.

13-10  [4.] 3.  Reading and Approval of the Journal.

13-11  [5.] 4.  Reports of [Standing Committees.

13-12  6.] Committees.

13-13  5.  Messages from the Governor.

13-14  [7.] 6.  Messages from the Assembly.

13-15  [8.  Communications from State Officers.]

13-16  7.  Communications.

13-17  8.  Waivers and Exemptions.

13-18  9.  Motions, Resolutions and Notices.

13-19  10.  Introduction, First Reading and Reference.

13-20  11.  Consent Calendar.

13-21  12.  Second Reading and Amendment.

13-22  13.  [Business on] General File and Third Reading.

13-23  14.  Unfinished Business.

13-24  15.  Special Orders of the Day.

13-25  16.  Remarks from the Floor; Introduction of Guests.

13-26  Rule No. 121.  Privilege.

13-27  Any Senator may rise and explain a matter personal to himself by leave

13-28   of the President, but he shall not discuss any pending question in such

13-29   explanation.

13-30  Rule No. 122.  Reserved.

13-31  Rule No. 123.  Reserved.

13-32  Rule No. 124.  Preference to Speak.

13-33  When two or more Senators rise at the same time the President shall

13-34   name the one who may first speak—giving preference, when practicable,

13-35   to the mover or introducer of the subject under consideration.

13-36  Rule No. 125.  Special Order.

13-37  The President shall call the Senate to order on the arrival of the time

13-38   fixed for the consideration of a special order, and announce that the special

13-39   order is before the Senate, which shall be considered, unless it be

13-40   postponed by a two-thirds vote, and any business before the Senate at the

13-41   time of the announcement of the special order shall go to Unfinished

13-42   Business.

13-43  Rule No. 126.  Reserved.

13-44  Rule No. 127.  Reserved.

13-45  Rule No. 128.  Reserved.

13-46  Rule No. 129.  Reserved.

 

13-47  D.  Contests of Elections

 

13-48  Rule No. 130.  Procedure.

13-49  1.  The Senate shall not dismiss a statement of contest for want of form

13-50   if any ground of contest is alleged with sufficient certainty to inform the


14-1  defendant of the charges he is required to meet. The following grounds are

14-2  sufficient, but are not exclusive:

14-3    (a) That the election board or any member thereof was guilty of

14-4   malfeasance.

14-5    (b) That a person who has been declared elected to an office was not at

14-6   the time of election eligible to that office.

14-7    (c) That illegal votes were cast and counted for the defendant, which, if

14-8   taken from him, will reduce the number of his legal votes below the

14-9   number necessary to elect him.

14-10  (d) That the election board, in conducting the election or in canvassing

14-11   the returns, made errors sufficient to change the result of the election as to

14-12   any person who has been declared elected.

14-13  (e) That the defendant has given, or offered to give, to any person a

14-14   bribe for the purpose of procuring his election.

14-15  (f) That there was a possible malfunction of any voting or counting

14-16   device.

14-17  2.  The contest must be submitted so far as may be possible upon

14-18   depositions or by written or oral arguments as the Senate may order. Any

14-19   party to a contest may take the deposition of any witness at any time after

14-20   the statement of contest is filed with the Secretary of State and before the

14-21   contest is finally decided. At least 5 days’ notice must be given to the

14-22   prospective deponent and to the other party. If oral statements are made at

14-23   any hearing before the Senate or a committee thereof which purport to

14-24   establish matters of fact, they must be made under oath. Strict rules of

14-25   evidence do not apply.

14-26  3.  The contestant has the burden of proving that any irregularities

14-27   shown were of such nature as to establish the probability that the result of

14-28   the election was changed thereby. After consideration of all the evidence,

14-29   the Senate shall declare the defendant elected unless the Senate finds from

14-30   the evidence that a person other than the defendant received the greatest

14-31   number of legal votes, in which case the Senate shall declare that person

14-32   elected.

 

14-33  The next rule is 140.

 

14-34  IX.  LEGISLATIVE INVESTIGATIONS

 

14-35  Rule No. 140.  Compensation of Witnesses.

14-36  Witnesses summoned to appear before the Senate, or any of its

14-37   committees, shall be compensated as provided by law for witnesses

14-38   required to attend in the courts of the State of Nevada.

 

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