Senate Resolution No. 1–Senators Raggio and Titus

 

FILE NUMBER..........

 

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

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

1-16   his 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.

1-23  Rule No. 2. President pro Tem.

1-24      The President pro Tem has all the power and shall discharge all

1-25   the duties of the President during his absence or inability to

1-26   discharge the duties of his office. In the absence or inability of the

1-27   President pro Tem to discharge the duties of the President’s office,

1-28   the Chairman of the Committee on Legislative Affairs and

1-29   Operations shall preside. In the absence of the Chairman, the Vice

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

1-31   shall preside. In the absence of the Vice Chairman of the

1-32   Committee on Legislative Affairs and Operations, the Senate shall

1-33   elect one of its members as the presiding officer for that occasion.

1-34  Rule No. 3. Secretary.

1-35      1.  The Secretary of the Senate is elected by the Senate, and

1-36   shall:


2-1  (a) Interview and recommend to the Committee on Legislative

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

2-3   assist the Secretary.

2-4  (b) See that these employees perform their respective duties.

2-5  (c) Administer the daily business of the Senate, including the

2-6   provision of secretaries to its committees.

2-7  (d) Unless otherwise ordered by the Senate, transmit at the end

2-8   of each working day those bills and resolutions upon which the next

2-9   action is to be taken by the Assembly.

2-10      2.  The Secretary is responsible to the Majority Leader.

2-11  Rule No. 4. Sergeant at Arms.

2-12      1.  The Sergeant at Arms shall attend the Senate during its

2-13   sittings, and execute its commands and all process issued by its

2-14   authority. He must be sworn to keep the secrets of the Senate.

2-15      2.  The Sergeant at Arms shall:

2-16      (a) Superintend the upkeep of the Senate’s Chamber, private

2-17   lounge, and meeting rooms for committees.

2-18      (b) Interview and recommend to the Committee on Legislative

2-19   Affairs and Operations persons to be considered for employment to

2-20   assist the Sergeant at Arms.

2-21      3.  The Sergeant at Arms is responsible to the Majority Leader.

2-22  Rule No. 5. Assistant Sergeant at Arms.

2-23      The Assistant Sergeant at Arms shall be doorkeeper and shall

2-24   preserve order in the Senate Chamber and shall assist the Sergeant

2-25   at Arms. He shall be sworn to keep the secrets of the Senate.

2-26  Rule No. 6. Reserved.

 

2-27  The next rule is 10.

 

2-28  II.  SESSIONS AND MEETINGS

 

2-29  Rule No. 10. Time of Meeting.

2-30      The President shall call the Senate to order each day of sitting at

2-31   11:00 o’clock a.m., unless the Senate has adjourned to some other

2-32   hour.

2-33  Rule No. 11. Call of Senate—Moved by Three Members.

2-34      A Call of the Senate may be moved by three Senators, and if

2-35   carried by a majority of all present, the Secretary shall call the roll

2-36   and note the absentees, after which the names of the absentees shall

2-37   again be called over. The doors shall then be closed and the

2-38   Sergeant at Arms directed to take into custody all who may be

2-39   absent without leave, and all Senators so taken into custody shall be

2-40   presented at the bar of the Senate for such action as to the Senate

2-41   may seem proper.

 

 


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

3-2  No Senator shall absent himself from the service of the Senate

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

3-4   Senator or officer shall so absent himself his per diem shall not be

3-5   allowed him.

3-6  Rule No. 13. Open Meetings.

3-7  1.  Except as provided in the Constitution of the State of

3-8   Nevada and in subsection 2 of this rule, all meetings of the Senate

3-9   and its committees must be open to the public.

3-10      2.  A Senate committee meeting may be closed to consider the

3-11   character, alleged misconduct, professional competence, or physical

3-12   or mental health of a person.

 

3-13  The next rule is 20.

 

3-14  III.  DECORUM AND DEBATE

 

3-15  Rule No. 20. Points of Order.

3-16      1.  If any Senator, in speaking or otherwise, transgresses the

3-17   rules of the Senate, the President shall, or any Senator may, call

3-18   him to order. If a Senator is so called to order, he shall not proceed

3-19   without leave of the Senate. If such leave is granted, it must be

3-20   upon the motion, “That he be allowed to proceed in order,” and the

3-21   Senator shall confine himself to the question under consideration

3-22   and avoid personality.

3-23      2.  Every decision of points of order made by the President is

3-24   subject to appeal, and a discussion of a question of order may be

3-25   allowed only upon the appeal of two Senators. In all cases of

3-26   appeal, the question must be, “Shall the decision of the Chair stand

3-27   as the judgment of the Senate?”

3-28  Rule No. 21. Breaches of Decorum.

3-29      1.  In cases of breaches of decorum or propriety, any Senator,

3-30   officer or other person is liable to such censure or punishment as

3-31   the Senate may deem proper.

3-32      2.  If any Senator is called to order for offensive or indecorous

3-33   language or conduct, the person calling him to order shall report the

3-34   offensive or indecorous language or conduct to the presiding

3-35   officer. No member may be held to answer for any language used

3-36   on the floor of the Senate if business has intervened before

3-37   exception to the language was taken.

3-38      3.  Indecorous conduct or boisterous or unbecoming language is

3-39   not permitted in the Senate Chamber.

 

3-40  The next rule is 30.

 

 


4-1  IV.  QUORUM, VOTING, ELECTIONS

 

4-2  Rule No. 30. Recorded Vote—Three Required to Call For.

4-3  1.  A recorded vote must be taken upon final passage of a bill or

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

4-5   members. Every Senator within the bar of the Senate shall vote

4-6   “aye” or “no” or record himself as “not voting,” unless excused by

4-7   unanimous vote of the Senate.

4-8  2.  The votes and names of those absent or recorded as “not

4-9   voting” and the names of Senators demanding the recorded vote

4-10   must be entered in the Journal.

4-11  Rule No. 31. President to Decide—Tie Vote.

4-12      A question is lost by a tie vote, but when the Senate is equally

4-13   divided on any question except the passage of a bill or joint

4-14   resolution, the President may give the deciding vote.

4-15  Rule No. 32. Manner of Election—Voting.

4-16      1.  In all cases of election by the Senate, the vote must be taken

4-17   viva voce. In other cases, if a vote is to be recorded, it may be taken

4-18   by oral roll-call or by electronic recording.

4-19      2.  When a recorded vote is taken, no Senator may:

4-20      (a) Vote except when at his seat;

4-21      (b) Vote upon any question in which he is in any way personally

4-22   or directly interested;

4-23      (c) Explain his vote or discuss the question while the voting is in

4-24   progress; or

4-25      (d) Change his vote after the result is announced.

4-26      3.  The announcement of the result of any vote must not be

4-27   postponed.

 

4-28  The next rule is 40.

 

4-29  V.  LEGISLATIVE BODIES

 

4-30  Rule No. 40. Standing Committees.

4-31      1.  Except as otherwise provided in subsection 2, the standing

4-32   committees of the Senate and their respective jurisdiction for the

4-33   reference of bills and resolutions are as follows:

4-34      (a) Commerce and Labor, seven members, with jurisdiction over

4-35   measures affecting primarily titles 52-57, and chapters 118B, 461,

4-36   461A, 489, [703-704A] 701-704B and 707-712 of NRS, except

4-37   measures affecting primarily state and local revenue.

4-38      (b) Finance, seven members, with jurisdiction over measures

4-39   primarily affecting chapters 286 and 387 of NRS, appropriations,

4-40   operating and capital budgets, state and federal budget issues and

4-41   bonding, except measures affecting primarily state and local

4-42   revenue, and over any measures carrying or requiring

4-43   appropriations


5-1  and favorably reported by any other committee unless such

5-2  reference is dispensed with by a two-thirds vote of the Senate.

5-3  (c) Government Affairs, seven members, with jurisdiction over

5-4   measures affecting primarily the districts from which members of

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

5-6   and chapters 281-285, 287-289, 407 and 720 of NRS, except

5-7   measures affecting primarily state and local revenue, state and

5-8   federal budget issues, the Tahoe Regional Planning Compact and

5-9   the Nevada Tahoe Regional Planning Agency.

5-10      (d) Human Resources and Facilities, seven members, with

5-11   jurisdiction over measures primarily affecting titles 33, 37-39 and

5-12   42 and chapters 385, 386, 388-399, 439-444, 446-458, 459A, 460

5-13   and 583-585 of NRS, except measures affecting primarily state and

5-14   local revenue.

5-15      (e) Judiciary, seven members, with jurisdiction over measures

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

5-17   , [and] 119-120A and 719 of NRS, except measures affecting

5-18   primarily state and local revenue.

5-19      (f) Legislative Affairs and Operations, seven members, with

5-20   jurisdiction over measures affecting primarily title 17 of NRS,

5-21   except the districts from which members of the Legislature are

5-22   elected, and the operation of the legislative session, except

5-23   measures affecting primarily state and local revenue.

5-24      (g) Natural Resources, seven members, with jurisdiction over

5-25   measures primarily affecting titles 26 and 45-50 and chapters

5-26   444A-445C, 459, 488, 581, 582 and 586-590 of NRS, the Colorado

5-27   River Commission[,] of Nevada, the Tahoe Regional Planning

5-28   Compact and the Nevada Tahoe Regional Planning Agency, except

5-29   measures affecting primarily state and local revenue.

5-30      (h) Taxation, seven members, with jurisdiction over measures

5-31   affecting primarily title 32 of NRS and state and local revenue.

5-32      (i) Transportation, seven members, with jurisdiction over

5-33   measures affecting primarily title 44 and chapters 403-405, 408,

5-34   410, [481] 480-487, 705 and 706 of NRS, except measures

5-35   affecting primarily state and local revenue.

5-36      2.  The Chairman of the Standing Committee on Finance may

5-37   assign any portion of a proposed executive budget to any of the

5-38   other standing committees of the Senate for review. Upon receiving

5-39   such an assignment the standing committee shall complete its

5-40   review expeditiously and report its findings and any

5-41   recommendations to the Standing Committee on Finance for its

5-42   independent evaluation.

5-43  Rule No. 41. Reserved.

5-44  Rule No. 42. Committee Expenses.

5-45      No committee shall employ assistance or incur any expense,

5-46   except by permission of the Senate previously obtained.


6-1  Rule No. 43. Duties of Committees.

6-2  The several committees shall fully consider all measures referred

6-3   to them and report thereon. They shall acquaint themselves with the

6-4   interests of the State specially represented by the committee, and

6-5   from time to time present such bills and reports as in their judgment

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

6-7   the State, and shall fully consider and report their opinion upon any

6-8   matter committed or referred to them by the Senate.

6-9  Rule No. 44. Committee on Legislative Affairs and

6-10   Operations.

6-11      The Committee on Legislative Affairs and Operations shall

6-12   recommend by resolution the appointment of all attachés and

6-13   employees of the Senate not otherwise provided for by law. It may

6-14   suspend any attaché or employee for incompetency or dereliction of

6-15   duty, pending final action by the Senate. It shall hear complaints on

6-16   alleged breaches of ethics and conflicts of interest, brought by

6-17   Legislators and others, and it may advise Legislators on questions

6-18   of breaches of ethics and conflicts of interests. All proceedings by

6-19   the Committee on matters of ethics or conflicts of interest are open

6-20   to the public unless otherwise authorized to be closed to the public

6-21   by Section 15 of Article 4 of the Constitution of the State of

6-22   Nevada.

6-23  Rule No. 45. Reserved.

6-24  Rule No. 46. Forming Committee of the Whole.

6-25      In forming the Committee of the Whole, the Senator who has so

6-26   moved shall name a Chairman to preside, and all bills considered

6-27   shall be read by sections, and the Chairman shall call for

6-28   amendments at the conclusion of the reading of each section. All

6-29   amendments proposed by the Committee shall be reported by the

6-30   Chairman to the Senate.

6-31  Rule No. 47. Rules Applicable to Committee of the Whole.

6-32      The Rules of the Senate shall apply to proceedings in Committee

6-33   of the Whole, except that the previous question shall not be

6-34   ordered, nor the ayes and noes demanded, but the Committee may

6-35   limit the number of times that any member may speak, at any stage

6-36   of proceedings, during its sitting. Messages may be received by the

6-37   President while the Committee is sitting; in which case the

6-38   President will resume the chair, receive the message, and vacate the

6-39   chair in favor of the Chairman of the Committee.

6-40  Rule No. 48. Motion to Rise Committee of the Whole.

6-41      A motion that the Committee rise shall always be in order, and

6-42   shall be decided without debate.

6-43  Rule No. 49. Reference to Committee.

6-44      When a motion is made to refer any subject, and different

6-45   committees are proposed, the subject may be referred to the

6-46   committee with jurisdiction over the subject as set forth in Senate


7-1  Standing Rule No. 40, or to a different committee, upon a majority

7-2  vote of the Senate.

7-3  Rule No. 50. Return From Committee.

7-4  1.  Any bill or other matter referred to a committee of the

7-5   Senate must not be withdrawn or ordered taken from the committee

7-6   for consideration by the Senate, recommitment, or for any other

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

7-8   day’s notice of the motion therefor.

7-9  2.  No such motion is in order:

7-10      (a) If the bill to be withdrawn or ordered taken from the

7-11   committee may no longer be considered by the Senate; or

7-12      (b) On the last day of the session, or on the day preceding the

7-13   last day of the session.

7-14      3.  This rule does not take from any committee the rights and

7-15   duties of committees provided for in Senate Standing Rule No. 43.

7-16  Rule No. 51.  Reserved.

7-17  Rule No. 52. Reserved.

7-18  Rule No. 53. Committee Rules.

7-19      1.  The rules of the Senate, as far as applicable, are the rules of

7-20   committees of the Senate. Procedure in committees, where not

7-21   otherwise provided in this rule, must follow the procedure of the

7-22   Senate. For matters not included in the rules of the Senate or these

7-23   rules, Mason’s Manual of Legislative Procedure must be followed.

7-24      2.  A majority of any committee constitutes a quorum for the

7-25   transaction of business.

7-26      3.  A meeting of a committee may not be opened without a

7-27   quorum present.

7-28      4.  In addition to regularly scheduled meetings or those called

7-29   by the chairman, meetings may be set by a written petition of a

7-30   majority of a committee and filed with the chairman of a

7-31   committee.

7-32      5.  A bill may be passed from a committee only by a majority of

7-33   the committee membership. A simple majority of those present and

7-34   voting is sufficient to adopt committee amendments.

7-35      6.  Subcommittees may be appointed by committee chairmen to

7-36   consider subjects specified by the committee and shall report back

7-37   to the committee.

7-38      7.  A committee shall act only when together, and all votes

7-39   must be taken in the presence of the committee. A member shall not

7-40   be recorded as voting unless he was actually present in the

7-41   committee at the time of the vote. The chairman shall vote on all

7-42   final actions on bills or resolutions. The provisions of this

7-43   subsection do not prohibit the prefiling of legislative bills and

7-44   resolutions on behalf of a committee in the manner prescribed by

7-45   the Legislative Commission.


8-1  8.  All committee and subcommittee meetings are open to the

8-2  public, except as otherwise provided in Senate Standing Rule

8-3  No. 13.

8-4  9.  Before reporting a bill or resolution to the Senate, a

8-5   committee may reconsider its action. A motion to reconsider must

8-6   be made by a member who voted with the prevailing side.

8-7  10.  Committee chairmen shall determine the agenda of each

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

8-9   the agenda by communicating with the chairman at least 4 days

8-10   before the meeting. A majority of a committee may, by vote, add an

8-11   item to the agenda of the next regularly scheduled meeting.

8-12      11.  Secretaries to committees shall give notices of hearings on

8-13   bills to anyone requesting notices of particular bills.

8-14      12.  All committees shall keep minutes of meetings. The

8-15   minutes must cover members present and absent, subjects under

8-16   discussion, witnesses who appear, committee members’ statements

8-17   concerning legislative intent, action taken by the committee, as well

8-18   as the vote of individual members on all matters on which a vote is

8-19   taken. Any member may submit to the secretary additional remarks

8-20   to be included in the minutes and records of committee meetings.

8-21   At the conclusion of the legislative session, the Secretary of the

8-22   Senate shall deliver all minutes and records of committee meetings

8-23   in her possession to the Director of the Legislative Counsel Bureau.

8-24      13.  In addition to the minutes, the committee secretary shall

8-25   maintain a record of all bills, including:

8-26      (a) Date bill referred;

8-27      (b) Date bill received;

8-28      (c) Date set for hearing the bill;

8-29      (d) Date or dates bill heard and voted upon; and

8-30      (e) Date report prepared.

8-31      14.  Each committee secretary shall file the minutes of each

8-32   meeting with the Secretary of the Senate as soon as practicable after

8-33   the meeting.

8-34      15.  All committee minutes are open to public inspection upon

8-35   request and during normal business hours.

8-36  Rule No. 54. Review of State Agency Programs.

8-37      In addition to or concurrent with committee action taken on

8-38   specific bills and resolutions during a regular session of the

8-39   Legislature, each standing committee of the Senate is encouraged to

8-40   plan and conduct a general review of selected programs of state

8-41   agencies or other areas of public interest within the committee’s

8-42   jurisdiction.

 

8-43  The next rule is 60.

 

 


9-1  VI.  RULES GOVERNING MOTIONS

 

9-2  A.  Motions Generally

 

9-3  Rule No. 60. Entertaining.

9-4  1.  No motion may be debated until it is announced by the

9-5   President.

9-6  2.  By consent of the Senate, a motion may be withdrawn

9-7   before amendment or decision.

9-8  Rule No. 61. Precedence of Motions.

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

9-10   the following, which shall have precedence in the order named:

9-11      1.  To adjourn.

9-12      2.  For a call of the Senate.

9-13      3.  To lay on the table.

9-14      4.  For the previous question.

9-15      5.  To postpone to a day certain.

9-16      6.  To commit.

9-17      7.  To amend.

9-18      8.  To postpone indefinitely.

9-19      The first four shall be decided without debate.

9-20  Rule No. 62. When Not Entertained.

9-21      1.  When a motion to commit, to postpone to a day certain, or to

9-22   postpone indefinitely has been decided, it must not be again

9-23   entertained on the same day.

9-24      2.  When a question has been postponed indefinitely, it must not

9-25   again be introduced during the session unless this rule is suspended

9-26   by a two-thirds vote.

9-27      3.  There must be no reconsideration of a vote on a motion to

9-28   postpone indefinitely.

 

9-29  B.  Particular Motions

 

9-30  Rule No. 63. To Adjourn.

9-31      A motion to adjourn shall always be in order. The name of the

9-32   Senator moving to adjourn, and the time when the motion was

9-33   made, shall be entered in the Journal.

9-34  Rule No. 64. Lay on the Table.

9-35      A motion to lay on or take from the table shall be carried by a

9-36   majority vote.

9-37  Rule No. 65. Reserved.

9-38  Rule No. 66. To Strike Enacting Clause.

9-39      A motion to strike out the enacting clause of a bill or resolution

9-40   has precedence over a motion to commit or amend. If a motion to

9-41   strike out the enacting clause of a bill or resolution is carried, the

9-42   bill or resolution is rejected.


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

10-2      1.  Any Senator may call for a division of a question.

10-3      2.  A question must be divided if it embraces subjects so

10-4   distinct that if one subject is taken away, a substantive proposition

10-5   remains for the decision of the Senate.

10-6      3.  A motion to strike out and insert must not be divided.

10-7  Rule No. 68. To Reconsider—Precedence of.

10-8      1.  A motion to reconsider has precedence over every other

10-9   motion, except a motion to adjourn. When the Senate adjourns

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

10-11   of Motions and Resolutions, the right to move for reconsideration

10-12   continues to the next day of sitting.

10-13     2.  No notice of reconsideration of any final vote is in order on

10-14   the day preceding the last day of the session.

10-15  Rule No. 69. Explanation of Motion.

10-16     Whenever a Senator moveGreen numbers along left margin indicate location on the printed bill (e.g., 5-15 indicates page 5, line 15).s to change the usual disposition of a

10-17   bill or resolution, he shall describe the subject of the bill or

10-18   resolution and state the reasons for his requesting the change in the

10-19   processing of the bill or resolution.

 

10-20  The next rule is 80.

 

10-21  VII.  DEBATE

 

10-22  Rule No. 80. Speaking on Question.

10-23     1.  Every Senator who speaks shall, standing in his place,

10-24   address “Mr. or Madam President,” in a courteous manner, and

10-25   shall confine himself to the question before the Senate. When he

10-26   has finished, he shall sit down.

10-27     2.  No Senator may speak:

10-28     (a) More than twice during the consideration of any one

10-29   question on the same day, except for explanation.

10-30     (b) A second time without leave when others who have not

10-31   spoken desire the floor.

10-32     3.  Incidental and subsidiary questions arising during debate

10-33   shall not be considered the same question.

10-34  Rule No. 81. Previous Question.

10-35     The previous question shall not be put unless demanded by three

10-36   Senators, and it shall be in this form: “Shall the main question be

10-37   now put?” When sustained by a majority of Senators present it shall

10-38   put an end to all debate and bring the Senate to a vote on the

10-39   question or questions before it, and all incidental questions arising

10-40   after the motion was made shall be decided without debate. A

10-41   person who is speaking on a question shall not while he has the

10-42   floor move to put that question.

 


11-1  The next rule is 90.

 

11-2  VIII.  CONDUCT OF BUSINESS

 

11-3  A.  Generally

 

11-4  Rule No. 90. Mason’s Manual.

11-5      The rules of parliamentary practice contained in Mason’s Manual

11-6   of Legislative Procedure shall govern the Senate in all cases in

11-7   which they are applicable and in which they are not inconsistent

11-8   with the standing rules and orders of the Senate, and the joint rules

11-9   of the Senate and Assembly.

11-10  Rule No. 91. Suspension of Rule.

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

11-12   changed without a vote of two-thirds of the Senate and one day’s

11-13   notice of the motion therefor; but a rule or order may be

11-14   temporarily suspended for a special purpose by a vote of two-thirds

11-15   of the members present. When the suspension of a rule is called for,

11-16   and after due notice from the President no objection is offered, he

11-17   can announce the rule suspended and the Senate may proceed

11-18   accordingly; but this shall not apply to that portion of Senate

11-19   Standing Rule No. 109 relating to the third reading of bills, which

11-20   cannot be suspended; and further, this rule shall not apply to the

11-21   suspension of Senate Standing Rule No. 50.

11-22  Rule No. 92.  Notices of Bills, Topics and Public Hearings.

11-23     Adequate notice shall be provided to the Legislators and the

11-24   public by posting information relative to the bills, topics and public

11-25   hearings which are to come before committees. Notices shall

11-26   include the date, time, place and agenda, and shall be posted

11-27   conspicuously in the legislative building, shall appear in the daily

11-28   history, and shall be made available to the news media.

11-29     This requirement of notice may be suspended for an emergency

11-30   by the affirmative vote of two-thirds of the committee members

11-31   appointed.

11-32  Rule No. 93. Protest.

11-33     Any Senator, or Senators, may protest against the action of the

11-34   Senate upon any question, and have such protest entered in the

11-35   Journal.

11-36  Rule No. 94. Privilege of the Floor.

11-37     1.  To preserve decorum and facilitate the business of the

11-38   Senate, only the following persons may be present on the floor of

11-39   the Senate during formal sessions:

11-40     (a) State officers;

11-41     (b) Officers and members of the Senate;

11-42     (c) Employees of the Legislative Counsel Bureau;

11-43     (d) Attachés and employees of the Senate; and


12-1      (e) Members of the Assembly whose presence is required for the

12-2  transaction of business.

12-3      2.  Guests of Senators must be seated in a section of the upper

12-4   or lower gallery of the Senate Chamber to be specially designated

12-5   by the Sergeant at Arms. The Majority Leader may specify special

12-6   occasions when guests may be seated on the floor of the Senate

12-7   with a Senator.

12-8      3.  A majority of Senators may authorize the President to have

12-9   the Senate Chamber cleared of all persons except Senators and

12-10   officers of the Senate.

12-11     4.  The Senate Chamber may not be used for any business other

12-12   than legislative business during a legislative session.

12-13  Rule No. 95. Material Placed on Legislators’ Desks.

12-14     1.  Only the Sergeant at Arms and officers and employees of the

12-15   Senate may place papers, letters, notes, pamphlets and other written

12-16   material upon a Senator’s desk. Such material must contain the

12-17   name of the Legislator requesting the placement of the material on

12-18   the desk or a designation of the origin of the material.

12-19     2.  This rule does not apply to books containing the legislative

12-20   bills and resolutions, the daily histories and daily journals of the

12-21   Senate or Assembly, or Legislative Counsel Bureau material.

12-22  Rule No. 96. Reserved.

12-23  Rule No. 97. Petitions and Memorials.

12-24     The contents of any petition or memorial shall be briefly stated

12-25   by the President or any Senator presenting it. It shall then lie on the

12-26   table or be referred, as the President or Senate may direct.

12-27  Rule No. 98. Reserved.

12-28  Rule No. 99. Reserved.

12-29  Rule No. 100. Reserved.

12-30  Rule No. 101. Reserved.

12-31  Rule No. 102. Objection to Reading of Paper.

12-32     Where the reading of any paper is called for, and is objected to

12-33   by any Senator, it shall be determined by a vote of the Senate, and

12-34   without debate.

12-35  Rule No. 103. Questions Relating to Priority of Business.

12-36     All questions relating to the priority of business shall be decided

12-37   without debate.

 

12-38  B.  Bills

 

12-39  Rule No. 104. Reserved.

12-40  Rule No. 105. Reserved.

12-41  Rule No. 106. Skeleton Bills.

12-42     Skeleton bills may be introduced after the beginning of a session

12-43   when, in the opinion of the sponsor and the Legislative Counsel, the

12-44   full drafting of the bill would entail extensive research or be of


13-1  considerable length. A skeleton bill will be a presentation of ideas or

13-2  statements of purpose, sufficient in style and expression to enable

13-3   the Legislature and the committee to which the bill may be referred

13-4   to consider the substantive merits of the legislation proposed.

13-5  Rule No. 107. Information Concerning Bills.

13-6      1.  Bills introduced may be accompanied by information

13-7   relative to witnesses and selected persons of departments and

13-8   agencies who should be considered for committee hearings on the

13-9   proposed legislation. At the time of introduction of a bill, a list may

13-10   be given to the Secretary of witnesses who are proponents of the

13-11   measure together with their addresses and telephone numbers. This

13-12   information may be provided by:

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

13-14     (b) The person requesting a committee introduction of the bill;

13-15   or

13-16     (c) The chairman of a committee introducing the bill.

13-17     2.  The Secretary shall deliver this information to the chairman

13-18   of the committee to which the bill is referred. Members of the

13-19   committee may suggest additional names for witnesses.

13-20     3.  The Legislator may provide an analysis which may describe

13-21   the intent, purpose, justification and effects of the bill, or any of

13-22   them.

13-23  Rule No. 108. Reserved.

13-24  Rule No. 109. Reading of Bills.

13-25     1.  Every bill must receive three readings before its passage,

13-26   unless, in case of emergency, this rule is suspended by a two-thirds

13-27   vote.

13-28     2.  The first reading of a bill is for information, and if there is

13-29   opposition to the bill, the question must be, “Shall this bill be

13-30   rejected?” If there is no opposition to the bill, or if the question to

13-31   reject is defeated, the bill must then take the usual course.

13-32     3.  No bill may be committed until once read, nor amended

13-33   until twice read.

13-34     4.  The third reading of every bill must be by sections.

13-35  Rule No. 110. Second Reading File—Consent Calendar.

13-36     1.  All bills or joint resolutions reported by committee must be

13-37   placed on a Second Reading File unless recommended for

13-38   placement on the Consent Calendar.

13-39     2.  A committee shall not recommend a bill or joint resolution

13-40   for placement on the Consent Calendar if:

13-41     (a) An amendment of the bill or joint resolution is

13-42   recommended;

13-43     (b) It contains an appropriation;

13-44     (c) It requires a two-thirds vote of the Senate; or

13-45     (d) It is controversial in nature.


14-1      3.  A bill or joint resolution recommended for placement on the

14-2  Consent Calendar must be included in the Daily File listed in the

14-3   Daily History of the Senate at least 1 calendar day before it may be

14-4   considered.

14-5      4.  A bill or joint resolution must be removed from the Consent

14-6   Calendar at the request of any Senator. A bill or joint resolution so

14-7   removed must be immediately placed on the Second Reading File

14-8   for consideration in the usual order of business.

14-9      5.  When the Consent Calendar is called, the bills remaining on

14-10   the Consent Calendar must be read by number and summary, and

14-11   the vote must be taken on their final passage as a group.

14-12  Rule No. 111. Printing.

14-13     [Eleven hundred] An appropriate number of copies of all bills

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

14-15   Senate and Assembly. Such other matter must be printed as may be

14-16   ordered by the Senate.

14-17  Rule No. 112. Reserved.

14-18  Rule No. 113. Reading of Bills—General File.

14-19     1.  Upon reading of bills on the Second Reading File, Senate

14-20   and Assembly bills reported without amendments must be [placed

14-21   on] ordered to the General File. Committee amendments reported

14-22   with bills must be considered upon their second reading and such

14-23   amendments may be adopted by a majority vote of the members

14-24   present. Bills so amended must be reprinted, engrossed or

14-25   reengrossed, and [placed on] ordered to the General File. The File

14-26   must be posted in the Senate Chamber and made available to

14-27   members of the public each day by the Secretary.

14-28     2.  Any member may move to amend a bill during its reading

14-29   on the Second Reading File or during its third reading and the

14-30   motion to amend may be adopted by a majority vote of the

14-31   members present. Bills so amended on second reading must be

14-32   treated the same as bills with committee amendments. Any bill so

14-33   amended upon the General File must be reprinted and engrossed or

14-34   reengrossed.

14-35     3.  [Unless otherwise ordered by the Senate, eleven hundred]

14-36   An appropriate number of copies of all amended bills must be

14-37   printed.

14-38  Rule No. 114. Commitment of Bill With Special Instructions.

14-39     A bill may be committed with special instructions to amend at

14-40   any time before taking the final vote.

14-41  Rule No. 115. Reconsideration of Vote on Bill.

14-42     1.  On the day after the final vote on any bill, the vote may be

14-43   reconsidered on motion of any member if notice of intention to

14-44   move for reconsideration was given on the day the final vote was

14-45   taken by a Senator who voted on the prevailing side. No motion to


15-1  reconsider is in order on the day the final vote was taken, except by

15-2  unanimous consent.

15-3      2.  Motions to reconsider a vote upon amendments to any

15-4   pending question may be made and decided at once.

15-5  Rule No. 116. Reserved.

15-6  Rule No. 117. Different Subject Not Admitted as Amendment.

15-7      No subject different from that under consideration shall be

15-8   admitted as an amendment; and no bill or resolution shall be

15-9   amended by incorporating any irrelevant subject matter or by

15-10   association or annexing any other bill or resolution pending in the

15-11   Senate, but a substitute may be offered at any time so long as the

15-12   original is open to amendment.

 

15-13  C.  Resolutions

 

15-14  Rule No. 118. Treated as Bills.

15-15     Resolutions addressed to Congress, or to either House thereof, or

15-16   to the President of the United States, or the heads of any of the

15-17   national departments, or proposing amendments to the State

15-18   Constitution are subject, in all respects, to the foregoing rules

15-19   governing the course of bills. A joint resolution proposing an

15-20   amendment to the Constitution shall be entered in the Journal in its

15-21   entirety.

15-22  Rule No. 119. Treated as Motions.

15-23     Resolutions, other than those referred to in Senate Standing Rule

15-24   No. 118, shall be treated as motions in all proceedings of the

15-25   Senate.

15-26  Rule No. 120.  Order of Business.

15-27     1.  Roll Call.

15-28     2.  Prayer and Pledge of Allegiance to the Flag.

15-29     3.  Reading and Approval of the Journal.

15-30     4.  Reports of Committees.

15-31     5.  Messages from the Governor.

15-32     6.  Messages from the Assembly.

15-33     7.  Communications.

15-34     8.  Waivers and Exemptions.

15-35     9.  Motions, Resolutions and Notices.

15-36     10.  Introduction, First Reading and Reference.

15-37     11.  Consent Calendar.

15-38     12.  Second Reading and Amendment.

15-39     13.  General File and Third Reading.

15-40     14.  Unfinished Business.

15-41     15.  Special Orders of the Day.

15-42     16.  Remarks from the Floor; Introduction of Guests. A Senator

15-43   may speak under this order of business for a period of not more

15-44   than 10 minutes.

 


16-1  Rule No. 121. Privilege.

16-2      Any Senator may rise and explain a matter personal to himself

16-3   by leave of the President, but he shall not discuss any pending

16-4   question in such explanation.

16-5  Rule No. 122. Reserved.

16-6  Rule No. 123. Reserved.

16-7  Rule No. 124. Preference to Speak.

16-8      When two or more Senators rise at the same time the President

16-9   shall name the one who may first speak—giving preference, when

16-10   practicable, to the mover or introducer of the subject under

16-11   consideration.

16-12  Rule No. 125. Special Order.

16-13     The President shall call the Senate to order on the arrival of the

16-14   time fixed for the consideration of a special order, and announce

16-15   that the special order is before the Senate, which shall be

16-16   considered, unless it be postponed by a two-thirds vote, and any

16-17   business before the Senate at the time of the announcement of the

16-18   special order shall go to Unfinished Business.

16-19  Rule No. 126. Reserved.

16-20  Rule No. 127. Reserved.

16-21  Rule No. 128. Reserved.

16-22  Rule No. 129. Reserved.

 

16-23  D.  Contests of Elections

 

16-24  Rule No. 130. Procedure.

16-25     1.  The Senate shall not dismiss a statement of contest for want

16-26   of form if any ground of contest is alleged with sufficient certainty

16-27   to inform the defendant of the charges he is required to meet. The

16-28   following grounds are sufficient, but are not exclusive:

16-29     (a) That the election board or any member thereof was guilty of

16-30   malfeasance.

16-31     (b) That a person who has been declared elected to an office was

16-32   not at the time of election eligible to that office.

16-33     (c) That illegal votes were cast and counted for the defendant,

16-34   which, if taken from him, will reduce the number of his legal votes

16-35   below the number necessary to elect him.

16-36     (d) That the election board, in conducting the election or in

16-37   canvassing the returns, made errors sufficient to change the result

16-38   of the election as to any person who has been declared elected.

16-39     (e) That the defendant has given, or offered to give, to any

16-40   person a bribe for the purpose of procuring his election.

16-41     (f) That there was a possible malfunction of any voting or

16-42   counting device.

16-43     2.  The contest must be submitted so far as may be possible

16-44   upon depositions or by written or oral arguments as the Senate may


17-1  order. Any party to a contest may take the deposition of any witness

17-2  at any time after the statement of contest is filed with the Secretary

17-3   of State and before the contest is finally decided. At least 5 days’

17-4   notice must be given to the prospective deponent and to the other

17-5   party. If oral statements are made at any hearing before the Senate

17-6   or a committee thereof which purport to establish matters of fact,

17-7   they must be made under oath. Strict rules of evidence do not apply.

17-8      3.  The contestant has the burden of proving that any

17-9   irregularities shown were of such nature as to establish the

17-10   probability that the result of the election was changed thereby.

17-11   After consideration of all the evidence, the Senate shall declare the

17-12   defendant elected unless the Senate finds from the evidence that a

17-13   person other than the defendant received the greatest number of

17-14   legal votes, in which case the Senate shall declare that person

17-15   elected.

 

17-16  The next rule is 140.

 

17-17  IX.  LEGISLATIVE INVESTIGATIONS

 

17-18  Rule No. 140. Compensation of Witnesses.

17-19     Witnesses summoned to appear before the Senate, or any of its

17-20   committees, shall be compensated as provided by law for witnesses

17-21   required to attend in the courts of the State of Nevada.

 

17-22  20~~~~~03