Senate Resolution No. 1–Senators Raggio and Titus

 

February 3, 2003

____________

 

Read and Adopted

 

SUMMARY—Adopts Standing Rules of Senate for 72nd Session of Legislature. (BDR R‑1017)

 

~

 

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

 

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

 

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

1-2  Senate Standing Rules as amended by the 71st Session are adopted,

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

1-4  the 72nd Session 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

1-9  precisely at the hour appointed for meeting, and if a quorum is

1-10  present shall cause the Journal of the preceding day to be read. He

1-11  shall preserve order and decorum, and in case of any disturbance or

1-12  disorderly conduct within the Senate Chamber, shall order the

1-13  Sergeant at Arms to suppress it, and may order the arrest of any

1-14  person creating any disturbance within the Senate Chamber. He may

1-15  speak to points of order in preference to members, rising from his

1-16  seat for that purpose, and shall decide questions of order without

1-17  debate, subject to an appeal to the Senate by two members, on

1-18  which appeal no member may speak more than once without leave

1-19  of the Senate. He shall sign all acts, addresses and joint resolutions,

1-20  and all writs, warrants and subpoenas issued by order of the Senate;

1-21  all of which must be attested by the Secretary. He has general

1-22  direction of the Senate Chamber.

 

2-1  Rule No. 2. President pro Tem.

2-2  The President pro Tem has all the power and shall discharge all

2-3  the duties of the President during his absence or inability to

2-4  discharge the duties of his office. In the absence or inability of the

2-5  President pro Tem to discharge the duties of the President’s office,

2-6  the Chairman of the Committee on Legislative Affairs and

2-7  Operations shall preside. In the absence of the Chairman, the Vice

2-8  Chairman of the Committee on Legislative Affairs and Operations

2-9  shall preside. In the absence of the Vice Chairman of the Committee

2-10  on Legislative Affairs and Operations, the Senate shall elect one of

2-11  its members as the presiding officer for that occasion.

2-12  Rule No. 3. Secretary.

2-13      1.  The Secretary of the Senate is elected by the Senate, and

2-14  shall:

2-15      (a) Interview and recommend to the Committee on Legislative

2-16  Affairs and Operations persons to be considered for employment to

2-17  assist the Secretary.

2-18      (b) See that these employees perform their respective duties.

2-19      (c) Administer the daily business of the Senate, including the

2-20  provision of secretaries to its committees.

2-21      (d) Unless otherwise ordered by the Senate, transmit at the end

2-22  of each working day those bills and resolutions upon which the next

2-23  action is to be taken by the Assembly.

2-24      2.  The Secretary is responsible to the Majority Leader.

2-25  Rule No. 4. Sergeant at Arms.

2-26      1.  The Sergeant at Arms shall attend the Senate during its

2-27  sittings, and execute its commands and all process issued by its

2-28  authority. He must be sworn to keep the secrets of the Senate.

2-29      2.  The Sergeant at Arms shall:

2-30      (a) Superintend the upkeep of the Senate’s Chamber, private

2-31  lounge, and meeting rooms for committees.

2-32      (b) Interview and recommend to the Committee on Legislative

2-33  Affairs and Operations persons to be considered for employment to

2-34  assist the Sergeant at Arms.

2-35      3.  The Sergeant at Arms is responsible to the Majority Leader.

2-36  Rule No. 5. Assistant Sergeant at Arms.

2-37      The Assistant Sergeant at Arms shall be doorkeeper and shall

2-38  preserve order in the Senate Chamber and shall assist the Sergeant at

2-39  Arms. He shall be sworn to keep the secrets of the Senate.

2-40  Rule No. 6. Reserved.

 

2-41  The next rule is 10.

 

 

 

3-1  II.  SESSIONS AND MEETINGS

 

3-2  Rule No. 10. Time of Meeting.

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

3-4  11:00 o’clock a.m., unless the Senate has adjourned to some other

3-5  hour.

3-6  Rule No. 11. Call of Senate—Moved by Three Members.

3-7  A Call of the Senate may be moved by three Senators, and if

3-8  carried by a majority of all present, the Secretary shall call the roll

3-9  and note the absentees, after which the names of the absentees shall

3-10  again be called over. The doors shall then be closed and the

3-11  Sergeant at Arms directed to take into custody all who may be

3-12  absent without leave, and all Senators so taken into custody shall be

3-13  presented at the bar of the Senate for such action as to the Senate

3-14  may seem proper.

3-15  Rule No. 12. Absence—Leave Required.

3-16      No Senator shall absent himself from the service of the Senate

3-17  without leave, except in case of accident or sickness, and if any

3-18  Senator or officer shall so absent himself his per diem shall not be

3-19  allowed him.

3-20  Rule No. 13. Open Meetings.

3-21      1.  Except as provided in the Constitution of the State of

3-22  Nevada and in subsection 2 of this rule, all meetings of the Senate

3-23  and its committees must be open to the public.

3-24      2.  A Senate committee meeting may be closed to consider the

3-25  character, alleged misconduct, professional competence, or physical

3-26  or mental health of a person.

 

3-27  The next rule is 20.

 

3-28  III.  DECORUM AND DEBATE

 

3-29  Rule No. 20. Points of Order.

3-30      1.  If any Senator, in speaking or otherwise, transgresses the

3-31  rules of the Senate, the President shall, or any Senator may, call him

3-32  to order. If a Senator is so called to order, he shall not proceed

3-33  without leave of the Senate. If such leave is granted, it must be upon

3-34  the motion, “That he be allowed to proceed in order,” and the

3-35  Senator shall confine himself to the question under consideration

3-36  and avoid personality.

3-37      2.  Every decision of points of order made by the President is

3-38  subject to appeal, and a discussion of a question of order may be

3-39  allowed only upon the appeal of two Senators. In all cases of appeal,

3-40  the question must be, “Shall the decision of the Chair stand as the

3-41  judgment of the Senate?”

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

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

4-3  officer or other person is liable to such censure or punishment as the

4-4  Senate may deem proper.

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

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

4-7  offensive or indecorous language or conduct to the presiding officer.

4-8  No member may be held to answer for any language used on the

4-9  floor of the Senate if business has intervened before exception to the

4-10  language was taken.

4-11      3.  Indecorous conduct or boisterous or unbecoming language is

4-12  not permitted in the Senate Chamber.

 

4-13  The next rule is 30.

 

4-14  IV.  QUORUM, VOTING, ELECTIONS

 

4-15  Rule No. 30. Recorded Vote—Three Required to Call For.

4-16      1.  A recorded vote must be taken upon final passage of a bill or

4-17  joint resolution, and in any other case when called for by three

4-18  members. Every Senator within the bar of the Senate shall vote

4-19  “aye” or “no” or record himself as “not voting,” unless excused by

4-20  unanimous vote of the Senate.

4-21      2.  The votes and names of those absent or recorded as “not

4-22  voting” and the names of Senators demanding the recorded vote

4-23  must be entered in the Journal.

4-24  Rule No. 31. President to Decide—Tie Vote.

4-25      A question is lost by a tie vote, but when the Senate is equally

4-26  divided on any question except the passage of a bill or joint

4-27  resolution, the President may give the deciding vote.

4-28  Rule No. 32. Manner of Election—Voting.

4-29      1.  In all cases of election by the Senate, the vote must be taken

4-30  viva voce. In other cases, if a vote is to be recorded, it may be taken

4-31  by oral roll-call or by electronic recording.

4-32      2.  When a recorded vote is taken, no Senator may:

4-33      (a) Vote except when at his seat;

4-34      (b) Vote upon any question in which he is in any way personally

4-35  or directly interested;

4-36      (c) Explain his vote or discuss the question while the voting is in

4-37  progress; or

4-38      (d) Change his vote after the result is announced.

4-39      3.  The announcement of the result of any vote must not be

4-40  postponed.

 

4-41  The next rule is 40.

5-1  V.  LEGISLATIVE BODIES

 

5-2  Rule No. 40. Standing Committees.

5-3  1.  Except as otherwise provided in subsection 2, the standing

5-4  committees of the Senate and their respective jurisdiction for the

5-5  reference of bills and resolutions are as follows:

5-6  (a) Commerce and Labor, seven members, with jurisdiction over

5-7  measures affecting primarily titles 52-57, and chapters 118B, 461,

5-8  461A, 489, [703-704A] 701-704B and 707-712 of NRS, except

5-9  measures affecting primarily state and local revenue.

5-10      (b) Finance, seven members, with jurisdiction over measures

5-11  primarily affecting chapters 286 and 387 of NRS, appropriations,

5-12  operating and capital budgets, state and federal budget issues and

5-13  bonding, except measures affecting primarily state and local

5-14  revenue, and over any measures carrying or requiring appropriations

5-15  and favorably reported by any other committee unless such

5-16  reference is dispensed with by a two-thirds vote of the Senate.

5-17      (c) Government Affairs, seven members, with jurisdiction over

5-18  measures affecting primarily the districts from which members of

5-19  the Legislature are elected, and titles 18-22, 24, 25, 27-31 and 36

5-20  and chapters 281-285, 287-289, 407 and 720 of NRS, except

5-21  measures affecting primarily state and local revenue, state and

5-22  federal budget issues, the Tahoe Regional Planning Compact and

5-23  the Nevada Tahoe Regional Planning Agency.

5-24      (d) Human Resources and Facilities, seven members, with

5-25  jurisdiction over measures primarily affecting titles 33, 37-39 and

5-26  42 and chapters 385, 386, 388-399, 439-444, 446-458, 459A, 460

5-27  and 583-585 of NRS, except measures affecting primarily state and

5-28  local revenue.

5-29      (e) Judiciary, seven members, with jurisdiction over measures

5-30  affecting primarily titles 1-9, 11-16, and 41 and chapters 111-118A ,

5-31  [and] 119-120A and 719 of NRS, except measures affecting

5-32  primarily state and local revenue.

5-33      (f) Legislative Affairs and Operations, seven members, with

5-34  jurisdiction over measures affecting primarily title 17 of NRS,

5-35  except the districts from which members of the Legislature are

5-36  elected, and the operation of the legislative session, except measures

5-37  affecting primarily state and local revenue.

5-38      (g) Natural Resources, seven members, with jurisdiction over

5-39  measures primarily affecting titles 26 and 45-50 and chapters 444A-

5-40  445C, 459, 488, 581, 582 and 586-590 of NRS, the Colorado River

5-41  Commission[,] of Nevada, the Tahoe Regional Planning Compact

5-42  and the Nevada Tahoe Regional Planning Agency, except measures

5-43  affecting primarily state and local revenue.

6-1  (h) Taxation, seven members, with jurisdiction over measures

6-2  affecting primarily title 32 of NRS and state and local revenue.

6-3  (i) Transportation, seven members, with jurisdiction over

6-4  measures affecting primarily title 44 and chapters 403-405, 408,

6-5  410, [481] 480-487, 705 and 706 of NRS, except measures affecting

6-6  primarily state and local revenue.

6-7  2.  The Chairman of the Standing Committee on Finance may

6-8  assign any portion of a proposed executive budget to any of the

6-9  other standing committees of the Senate for review. Upon receiving

6-10  such an assignment the standing committee shall complete its

6-11  review expeditiously and report its findings and any

6-12  recommendations to the Standing Committee on Finance for its

6-13  independent evaluation.

6-14  Rule No. 41. Reserved.

6-15  Rule No. 42. Committee Expenses.

6-16      No committee shall employ assistance or incur any expense,

6-17  except by permission of the Senate previously obtained.

6-18  Rule No. 43. Duties of Committees.

6-19      The several committees shall fully consider all measures referred

6-20  to them and report thereon. They shall acquaint themselves with the

6-21  interests of the State specially represented by the committee, and

6-22  from time to time present such bills and reports as in their judgment

6-23  will advance the interests and promote the welfare of the people of

6-24  the State, and shall fully consider and report their opinion upon any

6-25  matter committed or referred to them by the Senate.

6-26  Rule No. 44. Committee on Legislative Affairs and

6-27  Operations.

6-28      The Committee on Legislative Affairs and Operations shall

6-29  recommend by resolution the appointment of all attachés and

6-30  employees of the Senate not otherwise provided for by law. It may

6-31  suspend any attaché or employee for incompetency or dereliction of

6-32  duty, pending final action by the Senate. It shall hear complaints on

6-33  alleged breaches of ethics and conflicts of interest, brought by

6-34  Legislators and others, and it may advise Legislators on questions of

6-35  breaches of ethics and conflicts of interests. All proceedings by the

6-36  Committee on matters of ethics or conflicts of interest are open to

6-37  the public unless otherwise authorized to be closed to the public by

6-38  Section 15 of Article 4 of the Constitution of the State of Nevada.

6-39  Rule No. 45. Reserved.

6-40  Rule No. 46. Forming Committee of the Whole.

6-41      In forming the Committee of the Whole, the Senator who has so

6-42  moved shall name a Chairman to preside, and all bills considered

6-43  shall be read by sections, and the Chairman shall call for

6-44  amendments at the conclusion of the reading of each section. All

7-1  amendments proposed by the Committee shall be reported by the

7-2  Chairman to the Senate.

7-3  Rule No. 47. Rules Applicable to Committee of the Whole.

7-4  The Rules of the Senate shall apply to proceedings in Committee

7-5  of the Whole, except that the previous question shall not be ordered,

7-6  nor the ayes and noes demanded, but the Committee may limit the

7-7  number of times that any member may speak, at any stage of

7-8  proceedings, during its sitting. Messages may be received by the

7-9  President while the Committee is sitting; in which case the President

7-10  will resume the chair, receive the message, and vacate the chair in

7-11  favor of the Chairman of the Committee.

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

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

7-14  shall be decided without debate.

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

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

7-17  committees are proposed, the subject may be referred to the

7-18  committee with jurisdiction over the subject as set forth in Senate

7-19  Standing Rule No. 40, or to a different committee, upon a majority

7-20  vote of the Senate.

7-21  Rule No. 50. Return From Committee.

7-22      1.  Any bill or other matter referred to a committee of the

7-23  Senate must not be withdrawn or ordered taken from the committee

7-24  for consideration by the Senate, recommitment, or for any other

7-25  reason without a two-thirds vote of the Senate, and at least one day’s

7-26  notice of the motion therefor.

7-27      2.  No such motion is in order:

7-28      (a) If the bill to be withdrawn or ordered taken from the

7-29  committee may no longer be considered by the Senate; or

7-30      (b) On the last day of the session, or on the day preceding the

7-31  last day of the session.

7-32      3.  This rule does not take from any committee the rights and

7-33  duties of committees provided for in Senate Standing Rule No. 43.

7-34  Rule No. 51.  Reserved.

7-35  Rule No. 52. Reserved.

7-36  Rule No. 53. Committee Rules.

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

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

7-39  otherwise provided in this rule, must follow the procedure of the

7-40  Senate. For matters not included in the rules of the Senate or these

7-41  rules, Mason’s Manual of Legislative Procedure must be followed.

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

7-43  transaction of business.

7-44      3.  A meeting of a committee may not be opened without a

7-45  quorum present.

8-1  4.  In addition to regularly scheduled meetings or those called

8-2  by the chairman, meetings may be set by a written petition of a

8-3  majority of a committee and filed with the chairman of a committee.

8-4  5.  A bill may be passed from a committee only by a majority of

8-5  the committee membership. A simple majority of those present and

8-6  voting is sufficient to adopt committee amendments.

8-7  6.  Subcommittees may be appointed by committee chairmen to

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

8-9  to the committee.

8-10      7.  A committee shall act only when together, and all votes

8-11  must be taken in the presence of the committee. A member shall not

8-12  be recorded as voting unless he was actually present in the

8-13  committee at the time of the vote. The chairman shall vote on all

8-14  final actions on bills or resolutions. The provisions of this

8-15  subsection do not prohibit the prefiling of legislative bills and

8-16  resolutions on behalf of a committee in the manner prescribed by the

8-17  Legislative Commission.

8-18      8.  All committee and subcommittee meetings are open to the

8-19  public, except as otherwise provided in Senate Standing Rule

8-20  No. 13.

8-21      9.  Before reporting a bill or resolution to the Senate, a

8-22  committee may reconsider its action. A motion to reconsider must

8-23  be made by a member who voted with the prevailing side.

8-24      10.  Committee chairmen shall determine the agenda of each

8-25  meeting except that committee members may request an item for the

8-26  agenda by communicating with the chairman at least 4 days before

8-27  the meeting. A majority of a committee may, by vote, add an item to

8-28  the agenda of the next regularly scheduled meeting.

8-29      11.  Secretaries to committees shall give notices of hearings on

8-30  bills to anyone requesting notices of particular bills.

8-31      12.  All committees shall keep minutes of meetings. The

8-32  minutes must cover members present and absent, subjects under

8-33  discussion, witnesses who appear, committee members’ statements

8-34  concerning legislative intent, action taken by the committee, as well

8-35  as the vote of individual members on all matters on which a vote is

8-36  taken. Any member may submit to the secretary additional remarks

8-37  to be included in the minutes and records of committee meetings. At

8-38  the conclusion of the legislative session, the Secretary of the Senate

8-39  shall deliver all minutes and records of committee meetings in her

8-40  possession to the Director of the Legislative Counsel Bureau.

8-41      13.  In addition to the minutes, the committee secretary shall

8-42  maintain a record of all bills, including:

8-43      (a) Date bill referred;

8-44      (b) Date bill received;

8-45      (c) Date set for hearing the bill;

9-1  (d) Date or dates bill heard and voted upon; and

9-2  (e) Date report prepared.

9-3  14.  Each committee secretary shall file the minutes of each

9-4  meeting with the Secretary of the Senate as soon as practicable after

9-5  the meeting.

9-6  15.  All committee minutes are open to public inspection upon

9-7  request and during normal business hours.

9-8  Rule No. 54. Review of State Agency Programs.

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

9-10  specific bills and resolutions during a regular session of the

9-11  Legislature, each standing committee of the Senate is encouraged to

9-12  plan and conduct a general review of selected programs of state

9-13  agencies or other areas of public interest within the committee’s

9-14  jurisdiction.

 

9-15  The next rule is 60.

 

9-16  VI.  RULES GOVERNING MOTIONS

 

9-17  A.  Motions Generally

 

9-18  Rule No. 60. Entertaining.

9-19      1.  No motion may be debated until it is announced by the

9-20  President.

9-21      2.  By consent of the Senate, a motion may be withdrawn

9-22  before amendment or decision.

9-23  Rule No. 61. Precedence of Motions.

9-24      When a question is under debate no motion shall be received but

9-25  the following, which shall have precedence in the order named:

9-26      1.  To adjourn.

9-27      2.  For a call of the Senate.

9-28      3.  To lay on the table.

9-29      4.  For the previous question.

9-30      5.  To postpone to a day certain.

9-31      6.  To commit.

9-32      7.  To amend.

9-33      8.  To postpone indefinitely.

9-34      The first four shall be decided without debate.

9-35  Rule No. 62. When Not Entertained.

9-36      1.  When a motion to commit, to postpone to a day certain, or to

9-37  postpone indefinitely has been decided, it must not be again

9-38  entertained on the same day.

9-39      2.  When a question has been postponed indefinitely, it must not

9-40  again be introduced during the session unless this rule is suspended

9-41  by a two-thirds vote.

10-1      3.  There must be no reconsideration of a vote on a motion to

10-2  postpone indefinitely.

 

10-3  B.  Particular Motions

 

10-4  Rule No. 63. To Adjourn.

10-5      A motion to adjourn shall always be in order. The name of the

10-6  Senator moving to adjourn, and the time when the motion was

10-7  made, shall be entered in the Journal.

10-8  Rule No. 64. Lay on the Table.

10-9      A motion to lay on or take from the table shall be carried by a

10-10  majority vote.

10-11  Rule No. 65. Reserved.

10-12  Rule No. 66. To Strike Enacting Clause.

10-13     A motion to strike out the enacting clause of a bill or resolution

10-14  has precedence over a motion to commit or amend. If a motion to

10-15  strike out the enacting clause of a bill or resolution is carried, the

10-16  bill or resolution is rejected.

10-17  Rule No. 67. Division of Question.

10-18     1.  Any Senator may call for a division of a question.

10-19     2.  A question must be divided if it embraces subjects so

10-20  distinct that if one subject is taken away, a substantive proposition

10-21  remains for the decision of the Senate.

10-22     3.  A motion to strike out and insert must not be divided.

10-23  Rule No. 68. To Reconsider—Precedence of.

10-24     1.  A motion to reconsider has precedence over every other

10-25  motion, except a motion to adjourn. When the Senate adjourns while

10-26  a motion to reconsider is pending, or before passing the order of

10-27  Motions and Resolutions, the right to move for reconsideration

10-28  continues to the next day of sitting.

10-29     2.  No notice of reconsideration of any final vote is in order on

10-30  the day preceding the last day of the session.

10-31  Rule No. 69. Explanation of Motion.

10-32     Whenever a Senator moves to change the usual disposition of a

10-33  bill or resolution, he shall describe the subject of the bill or

10-34  resolution and state the reasons for his requesting the change in the

10-35  processing of the bill or resolution.

 

10-36  The next rule is 80.

 

10-37  VII.  DEBATE

 

10-38  Rule No. 80. Speaking on Question.

10-39     1.  Every Senator who speaks shall, standing in his place,

10-40  address “Mr. or Madam President,” in a courteous manner, and shall

11-1  confine himself to the question before the Senate. When he has

11-2  finished, he shall sit down.

11-3      2.  No Senator may speak:

11-4      (a) More than twice during the consideration of any one

11-5  question on the same day, except for explanation.

11-6      (b) A second time without leave when others who have not

11-7  spoken desire the floor.

11-8      3.  Incidental and subsidiary questions arising during debate

11-9  shall not be considered the same question.

11-10  Rule No. 81. Previous Question.

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

11-12  Senators, and it shall be in this form: “Shall the main question be

11-13  now put?” When sustained by a majority of Senators present it shall

11-14  put an end to all debate and bring the Senate to a vote on the

11-15  question or questions before it, and all incidental questions arising

11-16  after the motion was made shall be decided without debate. A

11-17  person who is speaking on a question shall not while he has the

11-18  floor move to put that question.

 

11-19  The next rule is 90.

 

11-20  VIII.  CONDUCT OF BUSINESS

 

11-21  A.  Generally

 

11-22  Rule No. 90. Mason’s Manual.

11-23     The rules of parliamentary practice contained in Mason’s Manual

11-24  of Legislative Procedure shall govern the Senate in all cases in

11-25  which they are applicable and in which they are not inconsistent

11-26  with the standing rules and orders of the Senate, and the joint rules

11-27  of the Senate and Assembly.

11-28  Rule No. 91. Suspension of Rule.

11-29     No standing rule or order of the Senate shall be rescinded or

11-30  changed without a vote of two-thirds of the Senate and one day’s

11-31  notice of the motion therefor; but a rule or order may be temporarily

11-32  suspended for a special purpose by a vote of two-thirds of the

11-33  members present. When the suspension of a rule is called for, and

11-34  after due notice from the President no objection is offered, he can

11-35  announce the rule suspended and the Senate may proceed

11-36  accordingly; but this shall not apply to that portion of Senate

11-37  Standing Rule No. 109 relating to the third reading of bills, which

11-38  cannot be suspended; and further, this rule shall not apply to the

11-39  suspension of Senate Standing Rule No. 50.

 

 

12-1  Rule No. 92.  Notices of Bills, Topics and Public Hearings.

12-2      Adequate notice shall be provided to the Legislators and the

12-3  public by posting information relative to the bills, topics and public

12-4  hearings which are to come before committees. Notices shall

12-5  include the date, time, place and agenda, and shall be posted

12-6  conspicuously in the legislative building, shall appear in the daily

12-7  history, and shall be made available to the news media.

12-8      This requirement of notice may be suspended for an emergency

12-9  by the affirmative vote of two-thirds of the committee members

12-10  appointed.

12-11  Rule No. 93. Protest.

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

12-13  Senate upon any question, and have such protest entered in the

12-14  Journal.

12-15  Rule No. 94. Privilege of the Floor.

12-16     1.  To preserve decorum and facilitate the business of the

12-17  Senate, only the following persons may be present on the floor of

12-18  the Senate during formal sessions:

12-19     (a) State officers;

12-20     (b) Officers and members of the Senate;

12-21     (c) Employees of the Legislative Counsel Bureau;

12-22     (d) Attachés and employees of the Senate; and

12-23     (e) Members of the Assembly whose presence is required for the

12-24  transaction of business.

12-25     2.  Guests of Senators must be seated in a section of the upper

12-26  or lower gallery of the Senate Chamber to be specially designated

12-27  by the Sergeant at Arms. The Majority Leader may specify special

12-28  occasions when guests may be seated on the floor of the Senate with

12-29  a Senator.

12-30     3.  A majority of Senators may authorize the President to have

12-31  the Senate Chamber cleared of all persons except Senators and

12-32  officers of the Senate.

12-33     4.  The Senate Chamber may not be used for any business other

12-34  than legislative business during a legislative session.

12-35  Rule No. 95. Material Placed on Legislators’ Desks.

12-36     1.  Only the Sergeant at Arms and officers and employees of the

12-37  Senate may place papers, letters, notes, pamphlets and other written

12-38  material upon a Senator’s desk. Such material must contain the

12-39  name of the Legislator requesting the placement of the material on

12-40  the desk or a designation of the origin of the material.

12-41     2.  This rule does not apply to books containing the legislative

12-42  bills and resolutions, the daily histories and daily journals of the

12-43  Senate or Assembly, or Legislative Counsel Bureau material.

12-44  Rule No. 96. Reserved.

 

13-1  Rule No. 97. Petitions and Memorials.

13-2      The contents of any petition or memorial shall be briefly stated

13-3  by the President or any Senator presenting it. It shall then lie on the

13-4  table or be referred, as the President or Senate may direct.

13-5  Rule No. 98. Reserved.

13-6  Rule No. 99. Reserved.

13-7  Rule No. 100. Reserved.

13-8  Rule No. 101. Reserved.

13-9  Rule No. 102. Objection to Reading of Paper.

13-10     Where the reading of any paper is called for, and is objected to

13-11  by any Senator, it shall be determined by a vote of the Senate, and

13-12  without debate.

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

13-14     All questions relating to the priority of business shall be decided

13-15  without debate.

 

13-16  B.  Bills

 

13-17  Rule No. 104. Reserved.

13-18  Rule No. 105. Reserved.

13-19  Rule No. 106. Skeleton Bills.

13-20     Skeleton bills may be introduced after the beginning of a session

13-21  when, in the opinion of the sponsor and the Legislative Counsel, the

13-22  full drafting of the bill would entail extensive research or be of

13-23  considerable length. A skeleton bill will be a presentation of ideas or

13-24  statements of purpose, sufficient in style and expression to enable

13-25  the Legislature and the committee to which the bill may be referred

13-26  to consider the substantive merits of the legislation proposed.

13-27  Rule No. 107. Information Concerning Bills.

13-28     1.  Bills introduced may be accompanied by information

13-29  relative to witnesses and selected persons of departments and

13-30  agencies who should be considered for committee hearings on the

13-31  proposed legislation. At the time of introduction of a bill, a list may

13-32  be given to the Secretary of witnesses who are proponents of the

13-33  measure together with their addresses and telephone numbers. This

13-34  information may be provided by:

13-35     (a) The Senator introducing the bill;

13-36     (b) The person requesting a committee introduction of the bill;

13-37  or

13-38     (c) The chairman of a committee introducing the bill.

13-39     2.  The Secretary shall deliver this information to the chairman

13-40  of the committee to which the bill is referred. Members of the

13-41  committee may suggest additional names for witnesses.

14-1      3.  The Legislator may provide an analysis which may describe

14-2  the intent, purpose, justification and effects of the bill, or any of

14-3  them.

14-4  Rule No. 108. Reserved.

14-5  Rule No. 109. Reading of Bills.

14-6      1.  Every bill must receive three readings before its passage,

14-7  unless, in case of emergency, this rule is suspended by a two-thirds

14-8  vote.

14-9      2.  The first reading of a bill is for information, and if there is

14-10  opposition to the bill, the question must be, “Shall this bill be

14-11  rejected?” If there is no opposition to the bill, or if the question to

14-12  reject is defeated, the bill must then take the usual course.

14-13     3.  No bill may be committed until once read, nor amended

14-14  until twice read.

14-15     4.  The third reading of every bill must be by sections.

14-16  Rule No. 110. Second Reading File—Consent Calendar.

14-17     1.  All bills or joint resolutions reported by committee must be

14-18  placed on a Second Reading File unless recommended for

14-19  placement on the Consent Calendar.

14-20     2.  A committee shall not recommend a bill or joint resolution

14-21  for placement on the Consent Calendar if:

14-22     (a) An amendment of the bill or joint resolution is

14-23  recommended;

14-24     (b) It contains an appropriation;

14-25     (c) It requires a two-thirds vote of the Senate; or

14-26     (d) It is controversial in nature.

14-27     3.  A bill or joint resolution recommended for placement on the

14-28  Consent Calendar must be included in the Daily File listed in the

14-29  Daily History of the Senate at least 1 calendar day before it may be

14-30  considered.

14-31     4.  A bill or joint resolution must be removed from the Consent

14-32  Calendar at the request of any Senator. A bill or joint resolution so

14-33  removed must be immediately placed on the Second Reading File

14-34  for consideration in the usual order of business.

14-35     5.  When the Consent Calendar is called, the bills remaining on

14-36  the Consent Calendar must be read by number and summary, and

14-37  the vote must be taken on their final passage as a group.

14-38  Rule No. 111. Printing.

14-39     [Eleven hundred] An appropriate number of copies of all bills

14-40  and resolutions of general interest must be printed for the use of the

14-41  Senate and Assembly. Such other matter must be printed as may be

14-42  ordered by the Senate.

14-43  Rule No. 112. Reserved.

 

 

15-1  Rule No. 113. Reading of Bills—General File.

15-2      1.  Upon reading of bills on the Second Reading File, Senate

15-3  and Assembly bills reported without amendments must be [placed

15-4  on] ordered to the General File. Committee amendments reported

15-5  with bills must be considered upon their second reading and such

15-6  amendments may be adopted by a majority vote of the members

15-7  present. Bills so amended must be reprinted, engrossed or

15-8  reengrossed, and [placed on] ordered to the General File. The File

15-9  must be posted in the Senate Chamber and made available to

15-10  members of the public each day by the Secretary.

15-11     2.  Any member may move to amend a bill during its reading

15-12  on the Second Reading File or during its third reading and the

15-13  motion to amend may be adopted by a majority vote of the members

15-14  present. Bills so amended on second reading must be treated the

15-15  same as bills with committee amendments. Any bill so amended

15-16  upon the General File must be reprinted and engrossed or

15-17  reengrossed.

15-18     3.  [Unless otherwise ordered by the Senate, eleven hundred]

15-19  An appropriate number of copies of all amended bills must be

15-20  printed.

15-21  Rule No. 114. Commitment of Bill With Special Instructions.

15-22     A bill may be committed with special instructions to amend at

15-23  any time before taking the final vote.

15-24  Rule No. 115. Reconsideration of Vote on Bill.

15-25     1.  On the day after the final vote on any bill, the vote may be

15-26  reconsidered on motion of any member if notice of intention to

15-27  move for reconsideration was given on the day the final vote was

15-28  taken by a Senator who voted on the prevailing side. No motion to

15-29  reconsider is in order on the day the final vote was taken, except by

15-30  unanimous consent.

15-31     2.  Motions to reconsider a vote upon amendments to any

15-32  pending question may be made and decided at once.

15-33  Rule No. 116. Reserved.

15-34  Rule No. 117. Different Subject Not Admitted as Amendment.

15-35     No subject different from that under consideration shall be

15-36  admitted as an amendment; and no bill or resolution shall be

15-37  amended by incorporating any irrelevant subject matter or by

15-38  association or annexing any other bill or resolution pending in the

15-39  Senate, but a substitute may be offered at any time so long as the

15-40  original is open to amendment.

 

 

 

 

 

16-1  C.  Resolutions

 

16-2  Rule No. 118. Treated as Bills.

16-3      Resolutions addressed to Congress, or to either House thereof, or

16-4  to the President of the United States, or the heads of any of the

16-5  national departments, or proposing amendments to the State

16-6  Constitution are subject, in all respects, to the foregoing rules

16-7  governing the course of bills. A joint resolution proposing an

16-8  amendment to the Constitution shall be entered in the Journal in its

16-9  entirety.

16-10  Rule No. 119. Treated as Motions.

16-11     Resolutions, other than those referred to in Senate Standing Rule

16-12  No. 118, shall be treated as motions in all proceedings of the Senate.

16-13  Rule No. 120.  Order of Business.

16-14     1.  Roll Call.

16-15     2.  Prayer and Pledge of Allegiance to the Flag.

16-16     3.  Reading and Approval of the Journal.

16-17     4.  Reports of Committees.

16-18     5.  Messages from the Governor.

16-19     6.  Messages from the Assembly.

16-20     7.  Communications.

16-21     8.  Waivers and Exemptions.

16-22     9.  Motions, Resolutions and Notices.

16-23     10.  Introduction, First Reading and Reference.

16-24     11.  Consent Calendar.

16-25     12.  Second Reading and Amendment.

16-26     13.  General File and Third Reading.

16-27     14.  Unfinished Business.

16-28     15.  Special Orders of the Day.

16-29     16.  Remarks from the Floor; Introduction of Guests. A Senator

16-30  may speak under this order of business for a period of not more

16-31  than 10 minutes.

16-32  Rule No. 121. Privilege.

16-33     Any Senator may rise and explain a matter personal to himself

16-34  by leave of the President, but he shall not discuss any pending

16-35  question in such explanation.

16-36  Rule No. 122. Reserved.

16-37  Rule No. 123. Reserved.

16-38  Rule No. 124. Preference to Speak.

16-39     When two or more Senators rise at the same time the President

16-40  shall name the one who may first speak—giving preference, when

16-41  practicable, to the mover or introducer of the subject under

16-42  consideration.

 

 

17-1  Rule No. 125. Special Order.

17-2      The President shall call the Senate to order on the arrival of the

17-3  time fixed for the consideration of a special order, and announce

17-4  that the special order is before the Senate, which shall be

17-5  considered, unless it be postponed by a two-thirds vote, and any

17-6  business before the Senate at the time of the announcement of the

17-7  special order shall go to Unfinished Business.

17-8  Rule No. 126. Reserved.

17-9  Rule No. 127. Reserved.

17-10  Rule No. 128. Reserved.

17-11  Rule No. 129. Reserved.

 

17-12  D.  Contests of Elections

 

17-13  Rule No. 130. Procedure.

17-14     1.  The Senate shall not dismiss a statement of contest for want

17-15  of form if any ground of contest is alleged with sufficient certainty

17-16  to inform the defendant of the charges he is required to meet. The

17-17  following grounds are sufficient, but are not exclusive:

17-18     (a) That the election board or any member thereof was guilty of

17-19  malfeasance.

17-20     (b) That a person who has been declared elected to an office was

17-21  not at the time of election eligible to that office.

17-22     (c) That illegal votes were cast and counted for the defendant,

17-23  which, if taken from him, will reduce the number of his legal votes

17-24  below the number necessary to elect him.

17-25     (d) That the election board, in conducting the election or in

17-26  canvassing the returns, made errors sufficient to change the result of

17-27  the election as to any person who has been declared elected.

17-28     (e) That the defendant has given, or offered to give, to any

17-29  person a bribe for the purpose of procuring his election.

17-30     (f) That there was a possible malfunction of any voting or

17-31  counting device.

17-32     2.  The contest must be submitted so far as may be possible

17-33  upon depositions or by written or oral arguments as the Senate may

17-34  order. Any party to a contest may take the deposition of any witness

17-35  at any time after the statement of contest is filed with the Secretary

17-36  of State and before the contest is finally decided. At least 5 days’

17-37  notice must be given to the prospective deponent and to the other

17-38  party. If oral statements are made at any hearing before the Senate

17-39  or a committee thereof which purport to establish matters of fact,

17-40  they must be made under oath. Strict rules of evidence do not apply.

17-41     3.  The contestant has the burden of proving that any

17-42  irregularities shown were of such nature as to establish the

17-43  probability that the result of the election was changed thereby. After

18-1  consideration of all the evidence, the Senate shall declare the

18-2  defendant elected unless the Senate finds from the evidence that a

18-3  person other than the defendant received the greatest number of

18-4  legal votes, in which case the Senate shall declare that person

18-5  elected.

 

18-6  The next rule is 140.

 

18-7  IX.  LEGISLATIVE INVESTIGATIONS

 

18-8  Rule No. 140. Compensation of Witnesses.

18-9      Witnesses summoned to appear before the Senate, or any of its

18-10  committees, shall be compensated as provided by law for witnesses

18-11  required to attend in the courts of the State of Nevada.

 

18-12  H