Assembly Resolution No. 3–Committee on Elections, Procedures, and Ethics

 

February 3, 2003

____________

 

Read and Adopted

 

SUMMARY—Adopts Assembly Standing Rules for 72nd Session of Legislature. (BDR R‑1010)

 

~

 

EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted.

 

Assembly RESOLUTION—Adopting the Standing Rules of the Assembly for the 72nd Session of the Legislature.

 

   Resolved by the Assembly of the State of Nevada, That the Assembly Standing Rules as amended by the 71st Session are adopted, with the following changes, as the Standing Rules of the Assembly for the 72nd Session of the Legislature:

 

1-1  I.  OFFICERS AND EMPLOYEES

 

1-2  Duties of Officers

 

1-3  Rule No. 1.  Speaker of the Assembly.

1-4    1.  All officers of the Assembly are subordinate to the Speaker in

1-5  all that relates to the prompt, efficient and correct discharge of their

1-6  official duties under the Speaker’s supervision.

1-7    2.  Possessing the powers and performing the duties described in

1-8  this Rule, the Speaker shall:

1-9    (a) Take the chair at the hour to which the Assembly stands

1-10  adjourned, call the members to order, and upon the appearance of a

1-11  quorum, proceed to business.

1-12    (b) Preserve order and decorum and have general direction of the

1-13  Chamber of the Assembly and the approaches thereto. In the event

1-14  of any disturbance or disorderly conduct therein, order the same to

1-15  be cleared.

1-16    (c) Decide all questions of order, subject to a member’s right to

1-17  appeal to the Assembly. On appeal from such decisions, the Speaker

2-1  has the right, in the Speaker’s place, to assign the reason for the

2-2  decision.

2-3    (d) Have the right to name any member to perform the duties of

2-4  the Chair, but such substitution must not extend beyond one

2-5  legislative day.

2-6    (e) When the Assembly resolves itself into Committee of the

2-7  Whole, name a Chairman to preside thereover and call him to the

2-8  Chair.

2-9    (f) Have the power to accredit the persons who act as

2-10  representatives of the news media and assign them seats.

2-11    (g) Sign all bills and resolutions passed by the Legislature as

2-12  provided by law.

2-13    (h) Sign all subpoenas issued by the Assembly.

2-14    (i) Receive all messages and communications from other

2-15  departments of the government and announce them to the Assembly.

2-16    (j) Represent the Assembly, declare its will and in all things obey

2-17  its commands.

2-18    (k) Vote on final passage of a bill or resolution, but the Speaker

2-19  shall not be required to vote in ordinary legislative proceedings

2-20  except where the Speaker’s vote would be decisive. In all yea and

2-21  nay votes, the Speaker’s name must be called last.

2-22    3.  If a vacancy occurs in the office of Speaker, through death,

2-23  resignation or disability of the Speaker, the Speaker pro Tempore

2-24  shall temporarily and for the period of vacancy or disability conduct

2-25  the necessary business of the Assembly.

2-26    4.  If a permanent vacancy occurs in the office of Speaker, the

2-27  Assembly shall select a new Speaker.

2-28  Rule No. 2.  Reserved.

2-29  Rule No. 3.  Reserved.

2-30  Rule No. 4.  Reserved.

2-31  Rule No. 5.  Reserved.

2-32  Rule No. 6.  Reserved.

 

2-33  The next rule is 10.

 

2-34  II.  SESSIONS AND MEETINGS

 

2-35  Rule No. 10.  Time of Meeting.

2-36    The Assembly shall meet each day at 11 a.m., unless the

2-37  Assembly adjourns to some other hour.

2-38  Rule No. 11.  Open Meetings.

2-39    All meetings of the Assembly and its committees must be open to

2-40  the public.

2-41  Rule No. 12.  Reserved.

 

3-1  The next rule is 20.

 

3-2  III.  DECORUM AND DEBATE

 

3-3  Rule No. 20.  Points of Order.

3-4    If any member, in speaking or otherwise, transgresses the rules of

3-5  the Assembly, the Speaker shall, or any member may, call to order,

3-6  in which case the member so called to order shall immediately sit

3-7  down, unless permitted to explain; and if called to order by a

3-8  member, such member shall immediately state the point of order. If

3-9  the point of order be sustained by the presiding officer, the member

3-10  shall not be allowed to proceed; but if it be not sustained, then he

3-11  shall be permitted to go on. Every such decision from the presiding

3-12  officer shall be subject to an appeal to the House; but no discussion

3-13  of the question of order shall be allowed unless an appeal be taken

3-14  from the decision of the presiding officer.

3-15  Rule No. 21.  Portable electronic communication devices.

3-16    1.  A person who is within the Assembly Chambers or within an

3-17  Assembly committee room shall not engage in a telephone

3-18  conversation via the use of a portable telephone.

3-19    2.  Before entering the Assembly Chambers[,] or an Assembly

3-20  committee room, any person who possesses a portable electronic

3-21  communication device, such as a pager or telephone, that emits an

3-22  audible alert, such as a ringing or beeping sound, to signal an

3-23  incoming message or call , shall turn the audible alert off. A device

3-24  that contains a nonaudible alert, such as a silent vibration, may be

3-25  operated in a nonaudible manner within the Assembly Chambers[.]

3-26  or within an Assembly committee room.

3-27  Rule No. 22.  Reserved.

3-28  Rule No. 23.  Committee on Ethics; Legislative Ethics.

3-29    1.  The Committee on Ethics consists of:

3-30    (a) Two members of the Assembly appointed by the Speaker

3-31  from the majority political party;

3-32    (b) One member of the Assembly appointed by the Minority

3-33  Leader from the minority political party; and

3-34    (c) Two qualified electors of the State chosen by the members of

3-35  the Committee who are appointed pursuant to paragraphs (a) and

3-36  (b), neither of whom is a present or former member of the

3-37  Legislature or employed by the State of Nevada.

3-38    2.  The Speaker shall appoint two members of the Assembly, one

3-39  from the majority political party and one from the minority political

3-40  party to serve as alternate members of the Committee. If a member

3-41  is disqualified, the alternate appointed from the same political party

3-42  shall serve as a member of the Committee during the consideration

3-43  of a specific question.

4-1    3.  A member is disqualified if he is the requester of advice

4-2  concerning a question of ethics or conflict of interest, or if the

4-3  advice is requested by another member of the Assembly and a

4-4  reasonable person in his situation could not exercise independent

4-5  judgment on the matter in question.

4-6    4.  The Committee shall hear complaints on alleged breaches of

4-7  ethics and conflicts of interest, brought by Legislators and others,

4-8  and it may advise Legislators on questions of breaches of ethics and

4-9  conflicts of interest. All proceedings held to consider the character,

4-10  alleged misconduct, professional competence or physical or mental

4-11  health of any person by the Committee on matters of ethics or

4-12  conflicts of interest are confidential unless a Legislator:

4-13    (a) Against whom a complaint is brought requests a public

4-14  hearing;

4-15    (b) Discloses the opinion of the Committee at any time after his

4-16  hearing; or

4-17    (c) Discloses the content of an advisory opinion issued to him by

4-18  the Committee.

4-19    5.  A complaint which alleges a breach of ethics or a conflict of

4-20  interest must be in writing and signed by the person making the

4-21  allegation. The complaint must be filed with the Chairman. The

4-22  Chairman shall send a copy of the complaint, within 24 hours after

4-23  receiving it, to the Legislator against whom the complaint is

4-24  brought.

4-25    6.  The criterion to be applied by the Committee in determining

4-26  whether a Legislator has a conflict of interest is whether the

4-27  independence of judgment of a reasonable person in his position

4-28  upon the matter in question would be materially affected by:

4-29    (a) His acceptance of a gift or loan; or

4-30    (b) His private economic interest.

4-31    7.  A Legislator who determines that he has a conflict of interest

4-32  may vote upon, advocate or oppose any measure as to which a

4-33  potential conflict exists if he makes a general disclosure of the

4-34  conflict. In determining whether to vote upon, advocate or oppose

4-35  the measure, the Legislator should consider whether:

4-36    (a) The conflict impedes his independence of judgment;

4-37    (b) His participation will produce a negative effect on the

4-38  public’s confidence in the integrity of the Legislature;

4-39    (c) His participation is likely to have any significant effect on the

4-40  disposition of the measure; and

4-41    (d) His interest is greater than the interests of an entire class of

4-42  persons similarly situated.

 

4-43  The next rule is 30.

 

5-1  IV.  QUORUM, VOTING, ELECTIONS

 

5-2  Rule No. 30.  Manner of Voting.

5-3    1.  The presiding officer shall declare all votes, but the yeas and

5-4  nays must be taken when called for by three members present, and

5-5  the names of those calling for the yeas and nays must be entered in

5-6  the Journal by the Chief Clerk.

5-7    2.  The presiding officer shall call for yeas and nays by a

5-8  division or by a roll call, either electronic or oral.

5-9    3.  When taking the yeas and nays on any question, the

5-10  electronic roll call system may be used, and when so used shall have

5-11  the force and effect of any roll call under these rules.

5-12    4.  When taking the yeas and nays by oral roll call, the Chief

5-13  Clerk shall take the names of members alphabetically, except that

5-14  the Speaker’s name must be called last.

5-15    5.  The electronic roll call system may be used to determine the

5-16  presence of a quorum.

5-17    6.  The yeas and nays must not be taken with the electronic roll

5-18  call system until all members present are at their desks. The

5-19  presiding officer may vote at the rostrum.

5-20    7.  Only a member who:

5-21    (a) Has been certified by the Committee on Elections,

5-22  Procedures, and Ethics or special committee of the Assembly; and

5-23    (b) Is physically present within the Assembly Chambers,

5-24  may cast a vote in the Assembly.

5-25    8.  A member shall not vote for another member on any roll call,

5-26  either electronic or oral. Any member who votes for another

5-27  member may be punished in any manner deemed appropriate by the

5-28  Assembly.

5-29  Rule No. 31.  Reserved.

5-30  Rule No. 32.  Announcement of the Vote.

5-31    1.  A member may change his vote at any time before the

5-32  announcement of the vote if the voting is by voice, or at any time

5-33  before the votes are electronically recorded if the voting is

5-34  conducted electronically.

5-35    2.  The announcement of the result of any vote shall not be

5-36  postponed.

5-37  Rule No. 33.  Voting by Division.

5-38    Upon a division and count of the Assembly on any question, no

5-39  person without the bar shall be counted.

 

5-40  The next rule is 40.

 

 

 

6-1  V.  LEGISLATIVE BODIES

 

6-2  Rule No. 40.  Standing Committees.

6-3    The standing committees of the Assembly are as follows:

6-4    1.  Ways and Means, fourteen members.

6-5    2.  Judiciary, [fourteen] fifteen members.

6-6    3.  Taxation, twelve members.

6-7    4.  Education, twelve members.

6-8    5.  Elections, Procedures, and Ethics, [twelve] ten members.

6-9    6.  Natural Resources, Agriculture, and Mining, twelve

6-10  members.

6-11    7.  Transportation, twelve members.

6-12    8.  Commerce and Labor, fourteen members.

6-13    9.  Health and Human Services, [twelve] ten members.

6-14    10.  Government Affairs, [fourteen] thirteen members.

6-15    11.  Constitutional Amendments, [eight] five members.

6-16  Rule No. 41.  Appointment of Committees.

6-17    1.  Except as otherwise provided in Assembly Standing Rule No.

6-18  23, all committees must be appointed by the Speaker, unless

6-19  otherwise directed by the Assembly. The Speaker shall designate the

6-20  chairman and vice chairman of each committee.

6-21    2.  To facilitate the full participation of the members during an

6-22  adjournment called pursuant to NRS 218.115, the Speaker may

6-23  temporarily appoint a member to a standing committee that is

6-24  scheduled to meet during the adjournment if none of the committees

6-25  to which the member is regularly assigned will be meeting during

6-26  the adjournment.

6-27  Rule No. 42.  Committee Action.

6-28    1.  The committee shall have regular meetings scheduled by the

6-29  Assembly leadership. A quorum of the committee is a majority of its

6-30  members and may transact business except as limited by this Rule.

6-31    2.  Except as limited by this Rule, a simple majority of those

6-32  present may move, second and pass a motion by voice vote.

6-33    3.  Definite action on a bill or resolution will require a majority

6-34  of the entire committee.

6-35    4.  A two-thirds majority of the entire committee is required to

6-36  reconsider action on a bill or resolution.

6-37    5.  Committee introduction of legislative measures which are not

6-38  prefiled requires concurrence of two-thirds of the entire committee

6-39  and does not imply commitment to support final passage.

6-40    6.  The chairman shall vote on all final action regarding bills or

6-41  resolutions.

6-42    7.  No member of the committee may vote by proxy under any

6-43  circumstances.

7-1    8.  A committee shall not take a vote on the question of whether

7-2  to exercise its statutory authority to issue a legislative subpoena

7-3  unless the chairman has informed the Speaker of the intention of the

7-4  committee to consider such a question.

7-5  Rule No. 43.  Subcommittees.

7-6    Subcommittees made up of committee members may be

7-7  appointed by the chairman to consider and report back on specific

7-8  subjects or bills.

7-9  Rule No. 44.  Committee on Elections, Procedures, and Ethics.

7-10    The Committee on Elections, Procedures, and Ethics has

7-11  jurisdiction over matters relating to personnel. It shall recommend

7-12  by resolution the appointment of all attachés and employees of the

7-13  Assembly not otherwise provided for by law. It may suspend or

7-14  remove any such attaché or employee for incompetency or

7-15  dereliction of duty. It shall function as the Committee on Rules and

7-16  as the Committee on Credentials of the Assembly.

7-17  Rule No. 45.  Procedure for Election Contests.

7-18    1.  Upon receipt of a statement of contest from the Secretary of

7-19  State pursuant to NRS 293.427, the Speaker shall, as soon as

7-20  practicable, appoint a special committee to hear the contest or refer

7-21  the contest to the Standing Committee on Elections, Procedures, and

7-22  Ethics. The committee shall conduct a hearing to consider the

7-23  contest. The committee shall keep written minutes of the hearing.

7-24  The contestant has the burden of proving that any irregularities

7-25  shown were of such a nature as to establish that the result of the

7-26  election was changed thereby.

7-27    2.  The contest must be submitted so far as may be possible upon

7-28  depositions or by written or oral arguments as the Assembly may

7-29  order. Any party to a contest may take the deposition of any witness

7-30  at any time after the statement of contest is filed with the Secretary

7-31  of State and before the contest is finally decided. At least 3 days’

7-32  notice must be given to the prospective deponent and to the other

7-33  party. If oral statements are made at any hearing before the

7-34  Assembly or a committee thereof which purport to establish matters

7-35  of fact, they must be made under oath. Strict rules of evidence do

7-36  not apply.

7-37    3.  The committee shall, not later than 5 calendar days after the

7-38  contest was referred to the committee, report to the Assembly its

7-39  findings on whether the contestant has met the burden of proving

7-40  that any irregularities shown were of such a nature as to establish

7-41  that the result of the election was changed thereby. The committee

7-42  shall then report to the Assembly its recommendation on which

7-43  person should be declared elected or report that it has no

7-44  recommendation. The Assembly shall, as soon as practicable

7-45  thereafter but not later than 7 calendar days after the Speaker

8-1  received the statement of contest, vote whether to accept or reject

8-2  the committee’s recommendation without amendment, if a

8-3  recommendation is made. If the recommendation is accepted, the

8-4  Speaker shall declare the recommended person elected. If the

8-5  recommendation is rejected or the committee did not make a

8-6  recommendation, the Assembly shall consider immediately which

8-7  person should be declared elected. The Speaker shall not adjourn the

8-8  Assembly until it has declared a person to be elected.

8-9    4.  [The] If a person other than the person initially seated as a

8-10  member of the Assembly pursuant to subsection 2 of NRS 293.427

8-11  is declared to be elected by the Assembly as a result of the contest,

8-12  the Speaker shall inform the Governor of the identity of the person

8-13  declared to be elected by the Assembly.

8-14  Rule No. 46.  Committee Action on Reports.

8-15    Committee reports must be adopted at a committee session

8-16  actually assembled and meeting as a committee with a quorum

8-17  present. Every committee vote on a matter pertaining to a bill or

8-18  resolution must be recorded. The vote may be taken by roll call at

8-19  the discretion of the chairman.

8-20  Rule No. 47.  Committee Records.

8-21    The chairman of each committee shall keep, or cause to be kept, a

8-22  complete record of the committee proceedings in which there must

8-23  be entered:

8-24    1.  The time and place of each meeting;

8-25    2.  The attendance and absence of members;

8-26    3.  The names of all persons appearing before the committee,

8-27  with the names of persons, firms, corporations or associations in

8-28  whose behalf such appearance is made; and

8-29    4.  The subjects or measures considered and action taken.

8-30  Rule No. 48.  Disposition of Committee Records.

8-31    All minutes, records and documents in the possession of

8-32  committees and their chairmen must be filed in the offices of the

8-33  Legislative Counsel Bureau upon adjournment sine die.

8-34  Rule No. 49.  Committee Hearings.

8-35    1.  The presence of a quorum of the committee is desirable but

8-36  not required to conduct a public hearing. At the discretion of the

8-37  chairman, members of the committee may attend, participate in and,

8-38  if applicable, vote during the hearing via simultaneous telephone or

8-39  video conference.

8-40    2.  Public hearings are opened by the chairman who announces

8-41  the subject under consideration and provides for those wishing to

8-42  address the committee to be heard. These persons shall rise in an

8-43  order determined by the chairman, address the chair and furnish

8-44  their names, addresses and firms or other organizations represented.

9-1  Committee members may address the chairman for permission to

9-2  question the witness.

9-3  Rule No. 50.  Reserved.

9-4  Rule No. 51.  Reserved.

9-5  Rule No. 52.  Concurrent Referrals.

9-6    When a bill or resolution is referred to two committees, the bill or

9-7  resolution must go to the first committee named. If the first

9-8  committee votes to amend the bill or resolution, it must be reprinted

9-9  with amendments and then returned to the first committee or sent

9-10  immediately to the next committee. If there is no amendment

9-11  proposed by the first committee, or if the first committee acts upon

9-12  the bill or resolution after amendment, the bill or resolution must be

9-13  sent with the committee recommendation immediately to the second

9-14  committee.

 

9-15  The next rule is 60.

 

9-16  VI.  RULES GOVERNING MOTIONS

 

9-17  Rule No. 60.  Entertaining.

9-18    No motion may be debated until it is distinctly announced by the

9-19  presiding officer. [If desired by the presiding officer or any member,

9-20  the motion must] The presiding officer, upon his own motion or at

9-21  the request of a member, may direct that the motion be reduced to

9-22  writing and be read by the Chief Clerk before the motion is debated.

9-23  A motion may be withdrawn by the maker at any time before

9-24  amendment or before the motion is put to vote.

9-25  Rule No. 61.  Reserved.

9-26  Rule No. 62.  Reserved.

 

9-27  Particular Motions

 

9-28  Rule No. 63.  Reserved.

9-29  Rule No. 64.  Reserved.

9-30  Rule No. 65.  Indefinite Postponement.

9-31    When a question is postponed indefinitely, the same question

9-32  must not be considered again during the session and the question is

9-33  not subject to a motion for reconsideration.

9-34  Rule No. 66.  To Strike Enacting Clause.

9-35    A motion to strike out the enacting clause of a bill or resolution

9-36  does not take precedence over any other subsidiary motion. If the

9-37  motion is carried, it shall be considered equivalent to the rejection of

9-38  such bill or resolution.

 

 

10-1  Rule No. 67.  Division of Question.

10-2    Any member may call for a division of the question, which shall

10-3  be divided, if it comprehends propositions in substance so distinct

10-4  that, one being taken away, a substantive proposition shall remain

10-5  for the decision of the Assembly. A motion to strike out being lost

10-6  shall preclude neither amendment nor a motion to strike out and

10-7  insert. A motion to strike out and insert shall be deemed indivisible.

10-8  Rule No. 68.  To Reconsider—Precedence of.

10-9    A motion to reconsider shall have precedence over every other

10-10  motion, except a motion to adjourn, or to fix the time to which to

10-11  adjourn; and when the Assembly adjourns, while a motion to

10-12  reconsider is pending, or before passing the order of business of

10-13  Motions, Resolutions and Notices, the right to move a

10-14  reconsideration shall continue to the next day of sitting. No notice of

10-15  reconsideration of any final vote shall be in order on the:

10-16  1.  Last day on which final action is allowed; or

10-17  2.  Day preceding the last day of the session.

 

10-18  The next rule is 80.

 

10-19  VII.  DEBATE

 

10-20  Rule No. 80.  Speaking on Question.

10-21  No member shall speak more than twice during the consideration

10-22  of any one question, on the same day, and at the same stage of

10-23  proceedings, without leave. Members who have once spoken shall

10-24  not again be entitled to the floor (except for explanation) to the

10-25  exclusion of others who have not spoken.

10-26  Rule No. 81.  Previous Question.

10-27  The previous question shall be put only when demanded by three

10-28  members. The previous question shall not be moved by the member

10-29  last speaking on the question.

10-30  Rule No. 82.  Privilege of Closing Debate.

10-31  The author of a bill, a resolution or a main question shall have the

10-32  privilege of closing the debate, unless the previous question has

10-33  been sustained.

 

10-34  The next rule is 90.

 

 

 

 

 

 

 

11-1  VIII.  CONDUCT OF BUSINESS

 

11-2  A.  Rules and Procedure

 

11-3  Rule No. 90.  Mason’s Manual.

11-4    The rules of parliamentary practice contained in Mason’s Manual

11-5  of Legislative Procedure shall govern the Assembly in all cases in

11-6  which they are applicable and in which they are not inconsistent

11-7  with the Standing Rules and orders of the Assembly, and the Joint

11-8  Rules of the Senate and Assembly.

11-9  Rule No. 91.  Rescission, Change or Suspension of Rule.

11-10  No standing rule or order of the Assembly shall be rescinded or

11-11  changed without a vote of two-thirds of the members elected, and

11-12  one day’s notice being given of the motion therefor; but a rule or

11-13  order may be suspended temporarily by a vote of two-thirds of the

11-14  members present.

11-15  Rule No. 92.  Notices of Bills, Topics and Public Hearings.

11-16  1.  Except as otherwise provided in subsection 3, all committees

11-17  shall provide adequate notice of public hearings on bills, resolutions

11-18  or other topics which are to come before the committees. The notice

11-19  must include the date, time, place and agenda to be covered. The

11-20  notice must be posted conspicuously in the legislative building,

11-21  appear in the Daily History and be made available to the news

11-22  media. The Daily History must include the most current version of

11-23  the notice that is available at the time the Daily History is created

11-24  and an informational statement informing the public where more

11-25  current information, if any, regarding such notices may be found.

11-26  2.  The noticing requirements of this Rule may be suspended for

11-27  emergency situations but only after approval by a two-thirds vote of

11-28  a committee.

11-29  3.  Subsection 1 does not apply to:

11-30  (a) Committee meetings held on the floor of the Assembly during

11-31  a recess; or

11-32  (b) Conference committee meetings.

11-33  Rule No. 93.  Reserved.

11-34  Rule No. 94.  Privilege of the Floor and Lobbying.

11-35  No person, except Senators, former Assemblymen and state

11-36  officers, may be admitted at the bar of the Assembly, except by

11-37  special invitation on the part of some member; but a majority may

11-38  authorize the Speaker to have the Assembly cleared of all such

11-39  persons. No person may do any lobbying upon the floor of the

11-40  Assembly at any time, and it is the duty of the Sergeant at Arms to

11-41  remove any person violating any of the provisions of this Rule.

 

 

12-1  Rule No. 95.  Material Placed on Legislators’ Desks.

12-2    All papers, letters, notes, pamphlets and other written material

12-3  placed upon an Assemblyman’s desk shall contain the signature of

12-4  the Legislator requesting the placement of such material on the desk

12-5  or shall contain a designation of the origin of such material. This

12-6  Rule does not apply to books containing the legislative bills and

12-7  resolutions, the legislative Daily Histories, the legislative Daily

12-8  Journals or Legislative Counsel Bureau material.

12-9  Rule No. 96.  Peddling, Begging and Soliciting.

12-10  1.  Peddling, begging and soliciting are strictly forbidden in the

12-11  Assembly Chamber, and in the lobby, gallery and halls adjacent

12-12  thereto.

12-13  2.  No part of the Assembly Chamber may be used for, or

12-14  occupied by signs or other devices for any kind of advertising.

12-15  3.  No part of the hallways adjacent to the Assembly Chambers

12-16  may be used for or occupied by signs or other devices for any kind

12-17  of advertising for commercial or personal gain. Notices for

12-18  nonprofit, nonpartisan, civic or special legislative events may be

12-19  posted in a designated area of the hallways adjacent to the Assembly

12-20  Chambers with the approval of the Chief Clerk.

12-21  Rule No. 97.  Petitions and Memorials.

12-22  Petitions, memorials and other papers addressed to the Assembly,

12-23  shall be presented by the Speaker, or by a member in the Speaker’s

12-24  place. A brief statement of the contents thereof shall be made by the

12-25  introducer. They shall not be debated on the day of their being

12-26  presented, but shall be on the table, or be referred, as the Assembly

12-27  shall determine.

12-28  Rule No. 98.  Request of Purpose.

12-29  A member may request the purpose of a bill or joint resolution

12-30  upon its introduction.

12-31  Rule No. 99.  Remarks.

12-32  It shall be in order for members to make remarks and to have such

12-33  remarks entered in the Journal.

12-34  Rule No. 100.  Precedence of Parliamentary Authority.

12-35  The precedence of parliamentary authority in the Assembly is:

12-36  1.  The Constitution of the State of Nevada.

12-37  2.  The Statutes of the State of Nevada.

12-38  3.  The Standing Rules of the Assembly and the Joint Standing

12-39  Rules of the Senate and Assembly.

12-40  4.  Mason’s Manual of Legislative Procedure.

12-41  Rule No. 101.  Reserved.

12-42  Rule No. 102.  Privileged Questions.

12-43  Privileged questions have precedence of all others in the

12-44  following order:

12-45  1.  Motions to fix the time to which the Assembly shall adjourn.

13-1    2.  Motions to adjourn.

13-2    3.  Questions relating to the rights and privileges of the

13-3  Assembly or any of its members.

13-4    4.  A call of the House.

13-5    5.  Motions for special orders.

13-6  Rule No. 103.  Reserved.

 

13-7  B.  Bills

 

13-8  Rule No. 104.  Reserved.

13-9  Rule No. 105.  Substitute Bills.

13-10  A substitute bill shall be deemed and held to be an amendment,

13-11  and treated in all respects as such. However, a substitute bill may be

13-12  amended after its adoption, in the same manner as if it were an

13-13  original bill.

13-14  Rule No. 106.  Skeleton Bills.

13-15  The introduction of skeleton bills is authorized when, in the

13-16  opinion of the sponsor and the Legislative Counsel, the full drafting

13-17  of the bill would entail extensive research or be of considerable

13-18  length. A skeleton bill will be provided for purposes of introduction

13-19  and committee referral. Such a bill will be a presentation of ideas or

13-20  statements of purpose, sufficient in style and expression to enable

13-21  the Legislature and the committee to which the bill may be referred

13-22  to consider the substantive merits of the legislation proposed.

13-23  Rule No. 107.  Reserved.

13-24  Rule No. 108.  Reserved.

13-25  Rule No. 109.  Reading of Bills.

13-26  The presiding officer shall announce at each reading of a bill

13-27  whether it be the first, second or third reading. The first reading of a

13-28  bill shall be for information. If there is objection, the question shall

13-29  be, “Shall the bill be rejected?” If the question to reject fails to

13-30  receive a majority vote by the members present, or if there is no

13-31  objection, the bill shall take the proper course. No bill shall be

13-32  referred to a committee until after the first reading, nor amended

13-33  until after the second reading.

13-34  Rule No. 110.  Second Reading and Amendment of Bills.

13-35  1.  All bills must be read the second time on the first legislative

13-36  day after which they are reported by committee, unless a different

13-37  day is designated by motion. Upon second reading, Assembly bills

13-38  reported without amendments shall be placed on the General File

13-39  and Senate bills reported without amendments shall be placed on the

13-40  General File. Committee amendments reported with bills shall be

13-41  considered upon their second reading, and such amendments may be

13-42  adopted by a majority vote of the members present. Any amendment

13-43  which is numbered, copied and made available to all members must

14-1  be moved and voted upon by number unless any member moves that

14-2  it be read in full. Assembly bills so amended must be reprinted,

14-3  engrossed, and placed on the General File. Senate bills so amended

14-4  must be reprinted, then engrossed or reengrossed, as applicable, and

14-5  placed on the General File.

14-6    2.  Any member may move to amend a bill during its second or

14-7  third reading, and such a motion to amend may be adopted by a

14-8  majority vote of the members present. Bills so amended on second

14-9  reading must be treated the same as bills with committee

14-10  amendments. Any bill so amended upon the General File must be

14-11  reprinted and then engrossed or reengrossed, as applicable.

14-12  3.  The reprinting of amended bills may be dispensed with only

14-13  in accordance with the provisions of law.

14-14  Rule No. 111.  Consent Calendar.

14-15  1.  A standing committee may by unanimous vote of the

14-16  members present report a bill with the recommendation that it be

14-17  placed on the Consent Calendar. The question of recommending a

14-18  bill for the Consent Calendar may be voted upon in committee only

14-19  after the bill has been recommended for passage and only if no

14-20  amendment is recommended.

14-21  2.  The Chief Clerk shall maintain a list of bills recommended

14-22  for the Consent Calendar. The list must be printed in the Daily

14-23  History and must include the summary of each bill, and the date the

14-24  bill is scheduled for consideration on final passage.

14-25  3.  At any time before the presiding officer calls for a vote on the

14-26  passage of the Consent Calendar, a member may give written notice

14-27  to the Chief Clerk or state orally from the floor of the Assembly in

14-28  session that he requests the removal of a particular bill from the

14-29  Consent Calendar. If a member so requests, the Chief Clerk shall

14-30  remove the bill from the Consent Calendar and transfer it to the

14-31  Second Reading File. A bill removed from the Consent Calendar

14-32  may not be restored to that Calendar.

14-33  4.  During floor consideration of the Consent Calendar, members

14-34  may ask questions and offer explanations relating to the respective

14-35  bills.

14-36  5.  When the Consent Calendar is brought to a vote, the bills

14-37  remaining on the Consent Calendar must be read by number and

14-38  summary and the vote must be taken on their final passage as a

14-39  group.

14-40  Rule No. 112.  Reserved.

14-41  Rule No. 113.  General File.

14-42  All bills reported to the Assembly, by either standing or special

14-43  committees, after receiving their second readings must be placed

14-44  upon a General File, to be kept by the Chief Clerk. Bills must be

14-45  taken from the General File and acted upon in the order in which

15-1  they were reported, unless otherwise specially ordered by the

15-2  Assembly. But engrossed bills shall be placed at the head of the file,

15-3  in the order in which they are received. The Chief Clerk shall post a

15-4  daily statement of the bills on the General File, setting forth the

15-5  order in which they are filed, and specifying the alterations arising

15-6  from the disposal of business each day. The Chief Clerk shall

15-7  likewise post notices of special orders as made.

15-8  Rule No. 114.  Reserved.

15-9  Rule No. 115.  Reconsideration of Vote on Bill.

15-10  On the first legislative day that the Assembly is in session

15-11  succeeding that on which a final vote on any bill or resolution has

15-12  been taken, a vote may be reconsidered on the motion of any

15-13  member. Notice of intention to move such reconsideration must be

15-14  given on the day on which the final vote was taken by a member

15-15  voting with the prevailing party. It is not in order for any member to

15-16  move a reconsideration on the day on which the final vote was

15-17  taken, except by unanimous consent. There may be no

15-18  reconsideration of a vote on a motion to indefinitely postpone.

15-19  Motions to reconsider a vote upon amendments to any pending

15-20  question may be made at once.

15-21  Rule No. 116.  Vetoed Bills.

15-22  Bills that have passed both Houses of the Legislature and are

15-23  transmitted to the Assembly accompanied by a message or statement

15-24  of the Governor’s disapproval or veto of the same must be taken up

15-25  and considered immediately upon the coming in of the message

15-26  transmitting the same, or become the subject of a special order.

15-27  When the message is received, or (if made a special order) when the

15-28  special order is called, the said message or statement must be read

15-29  together with the bill or bills so disapproved or vetoed. The message

15-30  and bill must be read by the Chief Clerk without interruption,

15-31  consecutively, one following the other, and not upon separate

15-32  occasions. No such bill or message may be referred to any

15-33  committee, or otherwise acted upon save as provided by law and

15-34  custom; that is to say, that immediately following such reading the

15-35  only question (except as hereinafter stated) which may be put by the

15-36  Speaker is, “Shall the bill pass, notwithstanding the objections of the

15-37  Governor?” It shall not be in order, at any time, to vote upon such a

15-38  vetoed bill unless the same shall first have been read, from the first

15-39  word of its title to and including the last word of its final section. No

15-40  motion may be entertained after the Speaker has stated the question,

15-41  save a motion to adjourn or a motion for the previous question, but

15-42  the merits of the bill itself may be debated. The message or

15-43  statement containing the objections of the Governor to the bill must

15-44  be entered in the Journal of the Assembly. The consideration of a

16-1  vetoed bill, and the objections of the Governor thereto, shall be a

16-2  privileged question, and shall take precedence over all others.

16-3  Rule No. 117.  Reserved.

 

16-4  C.  Resolutions

 

16-5  Rule No. 118.  Treated as Bills—Joint Resolutions.

16-6    The procedure of enacting joint resolutions must be identical to

16-7  that of enacting bills [. However, joint] , except that:

16-8    1.  Joint resolutions, upon enrollment, must be delivered to the

16-9  Secretary of State; and

16-10  2.  Joint resolutions proposing amendments to the Constitution

16-11  must be entered in the Journal in their entirety.

 

16-12  Rule No. 119.  Reserved.

 

16-13  D.  Order of Business

 

16-14  Rule No. 120.  Order of Business.

16-15  The Order of Business must be as follows:

16-16  1.  Call to Order.

16-17  2.  Reading and Approval of Journal.

16-18  3.  Presentation of Petitions.

16-19  4.  Reports of Standing Committees.

16-20  5.  Reports of Select Committees.

16-21  6.  Communications.

16-22  7.  Messages from the Senate.

16-23  8.  Motions, Resolutions and Notices.

16-24  9.  Introduction, First Reading and Reference.

16-25  10.  Consent Calendar.

16-26  11.  Second Reading and Amendment.

16-27  12.  General File and Third Reading.

16-28  13.  Unfinished Business of Preceding Day.

16-29  14.  Special Orders of the Day.

16-30  15.  Remarks from the Floor, limited to 10 minutes.

16-31  Rule No. 121.  Reserved.

16-32  Rule No. 122.  Renumbered as Rule No. 102 and reserved for

16-33  future use.

16-34  Rule No. 123.  Renumbered as Rule No. 82 and reserved for

16-35  future use.

16-36  Rule No. 124.  Reserved.

16-37  Rule No. 125.  Reserved.

16-38  Rule No. 126.  Renumbered as Rule No. 116 and reserved for

16-39  future use.

16-40  Rule No. 127.  Reserved.

17-1  Rule No. 128.  Reserved.

 

17-2  The next rule is 140.

 

17-3  IX.  LEGISLATIVE INVESTIGATIONS AND

17-4  MISCELLANEOUS

 

17-5  Rule No. 140.  Compensation of Witnesses.

17-6    Witnesses summoned to appear before the Assembly or any of its

17-7  committees must be compensated as provided by law for witnesses

17-8  required to attend in the courts of the State of Nevada.

17-9  Rule No. 141.  Use of the Assembly Chamber.

17-10  The Assembly Chamber shall not be used for any public or

17-11  private business other than legislative, except by permission of the

17-12  Assembly.

 

17-13  H