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SENATE STANDING RULES

_________

 

I.  OFFICERS AND EMPLOYEES

 

Duties of Officers

 

Rule No. 1.  President.

     The President shall take the chair and call the Senate to order precisely at the hour appointed for meeting, and if a quorum is present shall cause the Journal of the preceding day to be read. He shall preserve order and decorum, and in case of any disturbance or disorderly conduct within the Senate Chamber, shall order the Sergeant at Arms to suppress it, and may order the arrest of any person creating any disturbance within the Senate Chamber. He may speak to points of order in preference to members, rising from his seat for that purpose, and shall decide questions of order without debate, subject to an appeal to the Senate by two members, on which appeal no member may speak more than once without leave of the Senate. He shall sign all acts, addresses and joint resolutions, and all writs, warrants and subpoenas issued by order of the Senate; all of which must be attested by the Secretary. He has general direction of the Senate Chamber.

     [Statutes of Nevada 1973, 1865; A 1977, 1649; 1987, 2330]

 

Rule No. 2.  President pro Tem.

     The President pro Tem has all the power and shall discharge all the duties of the President during his absence or inability to discharge the duties of his office. In the absence or inability of the President pro Tem to discharge the duties of the President’s office, the Chairman of the Committee on Legislative Affairs and Operations shall preside. In the absence of the Chairman, the Vice Chairman of the Committee on Legislative Affairs and Operations shall preside. In the absence of the Vice Chairman of the Committee on Legislative Affairs and Operations, the Senate shall elect one of its members as the presiding officer for that occasion.

     [Statutes of Nevada 1973, 1865; A 1987, 2331]

 

Rule No. 3.  Secretary.

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

     (a) Interview and recommend to the Committee on Legislative Affairs and Operations persons to be considered for employment to assist the Secretary.

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

     (c) Administer the daily business of the Senate, including the provision of secretaries to its committees.

     (d) Unless otherwise ordered by the Senate, transmit at the end of each working day those bills and resolutions upon which the next action is to be taken by the Assembly.

     2.  The Secretary is responsible to the Majority Leader.

     [Statutes of Nevada 1977, 1649; A 1979, 1925; 1981, 2062; 1987, 2331; 1999, 3817]

 

Rule No. 4.  Sergeant at Arms.

     1.  The Sergeant at Arms shall attend the Senate during its sittings, and execute its commands and all process issued by its authority. He must be sworn to keep the secrets of the Senate.

     2.  The Sergeant at Arms shall:

     (a) Superintend the upkeep of the Senate’s Chamber, private lounge, and meeting rooms for committees.


     (b) Interview and recommend to the Committee on Legislative Affairs and Operations persons to be considered for employment to assist the Sergeant at Arms.

     3.  The Sergeant at Arms is responsible to the Majority Leader.Rule No. 5

     [Statutes of Nevada 1973, 1866; A 1979, 1925; 1981, 2062; 1987, 2331; 1999, 3818]

 

Rule No. 5.  Assistant Sergeant at Arms.

     The Assistant Sergeant at Arms shall be doorkeeper and shall preserve order in the Senate Chamber and shall assist the Sergeant at Arms. He shall be sworn to keep the secrets of the Senate.

     [Statutes of Nevada 1973, 1866]

 

Rule No. 6.  Reserved.

 

The next rule is 10.

 

II.  SESSIONS AND MEETINGS

 

Rule No. 10.  Time of Meeting.

     The President shall call the Senate to order each day of sitting at 11:00 o’clock a.m., unless the Senate has adjourned to some other hour.

     [Statutes of Nevada 1973, 1866; A 1983, 2104]

 

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

     A Call of the Senate may be moved by three Senators, and if carried by a majority of all present, the Secretary shall call the roll and note the absentees, after which the names of the absentees shall again be called over. The doors shall then be closed and the Sergeant at Arms directed to take into custody all who may be absent without leave, and all Senators so taken into custody shall be presented at the bar of the Senate for such action as to the Senate may seem proper.

     [Statutes of Nevada 1973, 1866]

 

Rule No. 12.  Absence—Leave Required.

     No Senator shall absent himself from the service of the Senate without leave, except in case of accident or sickness, and if any Senator or officer shall so absent himself his per diem shall not be allowed him.

     [Statutes of Nevada 1973, 1866]

 

Rule No. 13.  Open Meetings.

     1.  Except as provided in the Constitution of the State of Nevada and in subsection 2 of this rule, all meetings of the Senate and its committees must be open to the public.

     2.  A Senate committee meeting may be closed to consider the character, alleged misconduct, professional competence, or physical or mental health of a person.

     [Statutes of Nevada 1975, 1880; A 1991, 2482]

 

The next rule is 20.

 

III.  DECORUM AND DEBATE

 

Rule No. 20.  Points of Order.

     1.  If any Senator, in speaking or otherwise, transgresses the rules of the Senate, the President shall, or any Senator may, call him to order. If a Senator is so called to order, he shall not proceed without leave of the Senate. If such leave is granted, it must be upon the motion, “That he be allowed to proceed in order,” and the Senator shall confine himself to the question under consideration and avoid personality.

     2.  Every decision of points of order made by the President is subject to appeal, and a discussion of a question of order may be allowed only upon the appeal of two Senators. In all cases of appeal, the question must be, “Shall the decision of the Chair stand as the judgment of the Senate?”

     [Statutes of Nevada 1973, 1867; A 1993, 2932; 1999, 3819]

 

Rule No. 21.  Breaches of Decorum.

     1.  In cases of breaches of decorum or propriety, any Senator, officer or other person is liable to such censure or punishment as the Senate may deem proper.

     2.  If any Senator is called to order for offensive or indecorous language or conduct, the person calling him to order shall report the offensive or indecorous language or conduct to the presiding officer. No member may be held to answer for any language used on the floor of the Senate if business has intervened before exception to the language was taken.

     3.  Indecorous conduct or boisterous or unbecoming language is not permitted in the Senate Chamber.

     [Statutes of Nevada 1973, 1867; 1999, 3819]

 

The next rule is 30.

 

IV.  QUORUM, VOTING, ELECTIONS

 

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

     1.  A recorded vote must be taken upon final passage of a bill or joint resolution, and in any other case when called for by three members. Every Senator within the bar of the Senate shall vote “aye” or “no” or record himself as “not voting,” unless excused by unanimous vote of the Senate.

     2.  The votes and names of those absent or recorded as “not voting” and the names of Senators demanding the recorded vote must be entered in the Journal.

     [Statutes of Nevada 1973, 1867; A 1979, 1925; 1999, 3819, Senate Resolution No. 1 of the 2001 Session (File No. 1)]

 

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

     A question is lost by a tie vote, but when the Senate is equally divided on any question except the passage of a bill or joint resolution, the President may give the deciding vote.

     [Statutes of Nevada 1973, 1867; A 1977, 1650]

 

Rule No. 32.  Manner of Election—Voting.

     1.  In all cases of election by the Senate, the vote must be taken viva voce. In other cases, if a vote is to be recorded, it may be taken by oral roll-call or by electronic recording.

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

     (a) Vote except when at his seat;

     (b) Vote upon any question in which he is in any way personally or directly interested;

     (c) Explain his vote or discuss the question while the voting is in progress; or

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

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

     [Statutes of Nevada 1973, 1867; A 1979, 1926; 1999, 3820]Rule No. 32

 

The next rule is 40.

 


V.  LEGISLATIVE BODIES

Rule No. 40

Rule No. 40.  Standing Committees.

     1.  Except as otherwise provided in subsection 2, the standing committees of the Senate and their respective jurisdiction for the reference of bills and resolutions are as follows:

     (a) Commerce and Labor, seven members, with jurisdiction over measures affecting primarily Titles 52-57, and chapters 118B, 461, 461A, 489, 703-704A and 707-712 of NRS, except measures affecting primarily state and local revenue.

     (b) Finance, seven members, with jurisdiction over measures primarily affecting chapters 286 and 387 of NRS, appropriations, operating and capital budgets, state and federal budget issues and bonding, except measures affecting primarily state and local revenue, and over any measures carrying or requiring appropriations and favorably reported by any other committee unless such reference is dispensed with by a two-thirds vote of the Senate.

     (c) Government Affairs, seven members, with jurisdiction over measures affecting primarily the districts from which members of the Legislature are elected, and Titles 18-22, 24, 25, 27-31 and 36 and chapters 281-285, 287-289, 407 and 720 of NRS, except measures affecting primarily state and local revenue, state and federal budget issues, the Tahoe Regional Planning Compact and the Nevada Tahoe regional planning agency.

     (d) Human Resources and Facilities, seven members, with jurisdiction over measures primarily affecting Titles 33, 37-39 and 42 and chapters 385, 386, 388-399, 439-444, 446-458, 459A, 460 and 583-585 of NRS, except measures affecting primarily state and local revenue.

     (e) Judiciary, seven members, with jurisdiction over measures affecting primarily Titles 1-9, 11-16, and 41 and chapters 111-118A and 119-120A of NRS, except measures affecting primarily state and local revenue.

     (f) Legislative Affairs and Operations, seven members, with jurisdiction over measures affecting primarily Title 17 of NRS, except the districts from which members of the Legislature are elected, and the operation of the legislative session, except measures affecting primarily state and local revenue.

     (g) Natural Resources, seven members, with jurisdiction over measures primarily affecting Titles 26 and 45-50 and chapters 444A-445C, 459, 488, 581, 582 and 586-590 of NRS, the Colorado River Commission, the Tahoe Regional Planning Compact and the Nevada Tahoe regional planning agency, except measures affecting primarily state and local revenue.

     (h) Taxation, seven members, with jurisdiction over measures affecting primarily Title 32 of NRS and state and local revenue.

     (i) Transportation, seven members, with jurisdiction over measures affecting primarily Title 44 and chapters 403-405, 408, 410, 481-487, 705 and 706 of NRS, except measures affecting primarily state and local revenue.

     2.  The chairman of the Standing Committee on Finance may assign any portion of a proposed executive budget to any of the other standing committees of the Senate for review. Upon receiving such an assignment the standing committee shall complete its review expeditiously and report its findings and any recommendations to the Standing Committee on Finance for its independent evaluation.

     [Statutes of Nevada 1975, 1855; A 1977, 1682; 1979, 1926; 1981, 2063; 1983, 2104; 1985, 2318, 2327; 1987, 2332, 2341; 1989, 2207, 2209; 1993, 2933; 1999, 3820, Senate Resolution No. 1 of the 2001 Session (File No. 1)]

 

Rule No. 41.  Reserved.

     [R 1977, 1653]

 

Rule No. 42.  Committee Expenses.

     No committee shall employ assistance or incur any expense, except by permission of the Senate previously obtained.

     [Statutes of Nevada 1973, 1868]

 

Rule No. 43.  Duties of Committees.

     The several committees shall fully consider all measures referred to them and report thereon. They shall acquaint themselves with the interests of the State specially represented by the committee, and from time to time present such bills and reports as in their judgment will advance the interests and promote the welfare of the people of the State, and shall fully consider and report their opinion upon any matter committed or referred to them by the Senate.

     [Statutes of Nevada 1973, 1868]

 

Rule No.  44.  Committee on Legislative Affairs and Operations.

     The Committee on Legislative Affairs and Operations shall recommend by resolution the appointment of all attachés and employees of the Senate not otherwise provided for by law. It may suspend any attaché or employee for incompetency or dereliction of duty, pending final action by the Senate. It shall hear complaints on alleged breaches of ethics and conflicts of interest, brought by Legislators and others, and it may advise Legislators on questions of breaches of ethics and conflicts of interests. All proceedings by the committee on matters of ethics or conflicts of interest are open to the public unless otherwise authorized to be closed to the public by section 15 of article 4 of the Constitution of the State of Nevada.

     [Statutes of Nevada 1973, 1868; A 1987, 2332; 1995, 2828]

 

Rule No. 45.  Reserved.

 

Rule No. 46.  Forming Committee of the Whole.

     In forming the Committee of the Whole, the Senator who has so moved shall name a chairman to preside, and all bills considered shall be read by sections, and the chairman shall call for amendments at the conclusion of the reading of each section. All amendments proposed by the committee shall be reported by the chairman to the Senate.

     [Statutes of Nevada 1973, 1869; A 1977, 1651]

 

Rule No. 47.  Rules Applicable to Committee of the Whole.

     The Rules of the Senate shall apply to proceedings in Committee of the Whole, except that the previous question shall not be ordered, nor the ayes and noes demanded, but the committee may limit the number of times that any member may speak, at any stage of proceedings, during its sitting. Messages may be received by the President while the committee is sitting; in which case the President will resume the chair, receive the message, and vacate the chair in favor of the chairman of the committee.

     [Statutes of Nevada 1973, 1869]

 

Rule No. 48.  Motion to Rise Committee of the Whole.

     A motion that the committee rise shall always be in order, and shall be decided without debate.

     [Statutes of Nevada 1973, 1869]

 

Rule No. 49.  Reference to Committee.

     When a motion is made to refer any subject, and different committees are proposed, the subject may be referred to the committee with jurisdiction over the subject as set forth in Senate Standing Rule No. 40, or to a different committee, upon a majority vote of the Senate.

     [Statutes of Nevada 1973, 1869; A 1983, 2105; 1999, 3822, Senate Resolution No. 1 of the 2001 Session (File No. 1)]

 

Rule No. 50.  Return From Committee.Rule No. 50

     1.  Any bill or other matter referred to a committee of the Senate must not be withdrawn or ordered taken from the committee for consideration by the Senate, recommitment, or for any other reason without a two-thirds vote of the Senate, and at least one day’s notice of the motion therefor.

     2.  No such motion is in order:

     (a) If the bill to be withdrawn or ordered taken from the committee may no longer be considered by the Senate; or

     (b) On the last day of the session, or on the day preceding the last day of the session.

     3.  This rule does not take from any committee the rights and duties of committees provided for in Senate Standing Rule No. 43.

     [Statutes of Nevada 1973, 1869; 1999, 3822]

Rule No. 51

Rule No. 51.  Reserved.

     [R 1977, 1653]

 

Rule No. 52.  Reserved.

     [R 1977, 1653]

 

Rule No. 53.  Committee Rules.

     1.  The rules of the Senate, as far as applicable, are the rules of committees of the Senate. Procedure in committees, where not otherwise provided in this rule, must follow the procedure of the Senate. For matters not included in the rules of the Senate or these rules, Mason’s Manual must be followed.

     2.  A majority of any committee constitutes a quorum for the transaction of business.

     3.  A meeting of a committee may not be opened without a quorum present.

     4.  In addition to regularly scheduled meetings or those called by the chairman, meetings may be set by a written petition of a majority of a committee and filed with the chairman of a committee.

     5.  A bill may be passed from a committee only by a majority of the committee membership. A simple majority of those present and voting is sufficient to adopt committee amendments.

     6.  Subcommittees may be appointed by committee chairmen to consider subjects specified by the committee and shall report back to the committee.

     7.  A committee shall act only when together, and all votes must be taken in the presence of the committee. A member shall not be recorded as voting unless he was actually present in the committee at the time of the vote. The chairman shall vote on all final actions on bills or resolutions. The provisions of this subsection do not prohibit the prefiling of legislative bills and resolutions on behalf of a committee in the manner prescribed by the legislative commission.

     8.  All committee and subcommittee meetings are open to the public, except as otherwise provided in Senate Standing Rule No. 13.

     9.  Before reporting a bill or resolution to the Senate, a committee may reconsider its action. A motion to reconsider must be made by a member who voted with the prevailing side.

     10.  Committee chairmen shall determine the agenda of each meeting except that committee members may request an item for the agenda by communicating with the chairman at least 4 days before the meeting. A majority of a committee may, by vote, add an item to the agenda of the next regularly scheduled meeting.

     11.  Secretaries to committees shall give notices of hearings on bills to anyone requesting notices of particular bills.

     12.  All committees shall keep minutes of meetings. The minutes must cover members present and absent, subjects under discussion, witnesses who appear, committee members’ statements concerning legislative intent, action taken by the committee, as well as the vote of individual members on all matters on which a vote is taken. Any member may submit to the secretary additional remarks to be included in the minutes and records of committee meetings. At the conclusion of the legislative session, the Secretary of the Senate shall deliver all minutes and records of committee meetings in her possession to the Director of the Legislative Counsel Bureau.


     13.  In addition to the minutes, the committee secretary shall maintain a record of all bills, including:

     (a) Date bill referred;

     (b) Date bill received;

     (c) Date set for hearing the bill;

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

     (e) Date report prepared.

     14.  Each committee secretary shall file the minutes of each meeting with the Secretary of the Senate as soon as practicable after the meeting.

     15.  All committee minutes are open to public inspection upon request and during normal business hours.

     [Statutes of Nevada 1973, 1870; A 1975, 1904; 1977, 1651; 1979, 1928; 1991, 2482; 1995, 2830; 1999, 3822]

 

Rule No. 54.  Review of State Agency Programs.

     In addition to or concurrent with committee action taken on specific bills and resolutions during a regular session of the Legislature, each standing committee of the Senate is encouraged to plan and conduct a general review of selected programs of state agencies or other areas of public interest within the committee’s jurisdiction.

     [Statutes of Nevada 1979, 1977]

 

The next rule is 60.

 

VI.  RULES GOVERNING MOTIONS

 

A.  Motions Generally

 

Rule No. 60.  Entertaining.

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

     2.  By consent of the Senate, a motion may be withdrawn before amendment or decision.

     [Statutes of Nevada 1973, 1870; 1999, 3824]

 

Rule No. 61.  Precedence of Motions.

     When a question is under debate no motion shall be received but the following, which shall have precedence in the order named:

     1.  To adjourn.

     2.  For a call of the Senate.

     3.  To lay on the table.

     4.  For the previous question.

     5.  To postpone to a day certain.

     6.  To commit.

     7.  To amend.

     8.  To postpone indefinitely.

     The first four shall be decided without debate.

     [Statutes of Nevada 1973, 1870]

 

Rule No. 62.  When Not Entertained.

     1.  When a motion to commit, to postpone to a day certain, or to postpone indefinitely has been decided, it must not be again entertained on the same day.

     2.  When a question has been postponed indefinitely, it must not again be introduced during the session unless this rule is suspended by a two-thirds vote.

     3.  There must be no reconsideration of a vote on a motion to postpone indefinitely.

     [Statutes of Nevada 1973, 1871; A 1993, 2938; 1999, 3824]Rule No. 62

 


B.  Particular Motions

 

Rule No. 63.  To Adjourn.

     A motion to adjourn shall always be in order. The name of the Senator moving to adjourn, and the time when the motion was made, shall be entered in the Journal.

     [Statutes of Nevada 1973, 1871; 1999, 3824, Senate Resolution No. 1 of the 2001 Session (File No. 1)]

Rule No. 63

Rule No. 64.  Lay on the Table.

     A motion to lay on or take from the table shall be carried by a majority vote.

     [Statutes of Nevada 1973, 1871]

 

Rule No. 65.  Reserved.

 

Rule No. 66.  To Strike Enacting Clause.

     A motion to strike out the enacting clause of a bill or resolution has precedence over a motion to commit or amend. If a motion to strike out the enacting clause of a bill or resolution is carried, the bill or resolution is rejected.

     [Statutes of Nevada 1973, 1871; 1999, 3825]

 

Rule No. 67.  Division of Question.

     1.  Any Senator may call for a division of a question.

     2.  A question must be divided if it embraces subjects so distinct that if one subject is taken away, a substantive proposition remains for the decision of the Senate.

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

     [Statutes of Nevada 1973, 1871; 1999, 3825]

 

Rule No. 68.  To Reconsider—Precedence of.

     1.  A motion to reconsider has precedence over every other motion, except a motion to adjourn. When the Senate adjourns while a motion to reconsider is pending, or before passing the order of Motions and Resolutions, the right to move for reconsideration continues to the next day of sitting.

     2.  No notice of reconsideration of any final vote is in order on the day preceding the last day of the session.

     [Statutes of Nevada 1973, 1871; 1999, 3825]

 

Rule No. 69.  Explanation of Motion.

     Whenever a Senator moves to change the usual disposition of a bill or resolution, he shall describe the subject of the bill or resolution and state the reasons for his requesting the change in the processing of the bill or resolution.

     [Statutes of Nevada 1973, 1883; A 1979, 1928; 1999, 3825]

 

The next rule is 80.

 

VII.  DEBATE

 

Rule No. 80.  Speaking on Question.

     1.  Every Senator who speaks shall, standing in his place, address “Mr. or Madam President,” in a courteous manner, and shall confine himself to the question before the Senate. When he has finished, he shall sit down.

     2.  No Senator may speak:

     (a) More than twice during the consideration of any one question on the same day, except for explanation.


     (b) A second time without leave when others who have not spoken desire the floor.

     3.  Incidental and subsidiary questions arising during debate shall not be considered the same question.

     [Statutes of Nevada 1973, 1871; 1999, 3825]

 

Rule No. 81.  Previous Question.

     The previous question shall not be put unless demanded by three Senators, and it shall be in this form: “Shall the main question be now put?” When sustained by a majority of Senators present it shall put an end to all debate and bring the Senate to a vote on the question or questions before it, and all incidental questions arising after the motion was made shall be decided without debate. A person who is speaking on a question shall not while he has the floor move to put that question.

     [Statutes of Nevada 1973, 1872; A 1979, 1928]

 

The next rule is 90.

 

VIII.  CONDUCT OF BUSINESS

 

A.  Generally

 

Rule No. 90.  Mason’s Manual.

     The rules of parliamentary practice contained in Mason’s Manual of Legislative Procedure shall govern the Senate in all cases in which they are applicable and in which they are not inconsistent with the standing rules and orders of the Senate, and the joint rules of the Senate and Assembly.

     [Statutes of Nevada 1973, 1872]

 

Rule No. 91.  Suspension of Rule.

     No standing rule or order of the Senate shall be rescinded or changed without a vote of two-thirds of the Senate and one day’s notice of the motion therefor; but a rule or order may be temporarily suspended for a special purpose by a vote of two-thirds of the members present. When the suspension of a rule is called for, and after due notice from the President no objection is offered, he can announce the rule suspended and the Senate may proceed accordingly; but this shall not apply to that portion of Senate Standing Rule No. 109 relating to the third reading of bills, which cannot be suspended; and further, this rule shall not apply to the suspension of Senate Standing Rule No. 50.

     [Statutes of Nevada 1973, 1872]

 

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

     Adequate notice shall be provided to the Legislators and the public by posting information relative to the bills, topics and public hearings which are to come before committees. Notices shall include the date, time, place and agenda, and shall be posted conspicuously in the legislative building, shall appear in the daily history, and shall be made available to the news media.

     This requirement of notice may be suspended for an emergency by the affirmative vote of two-thirds of the committee members appointed.

     [Statutes of Nevada 1973, 1872; A 1977, 1677]

 

Rule No. 93.  Protest.

     Any Senator, or Senators, may protest against the action of the Senate upon any question, and have such protest entered in the Journal.

     [Statutes of Nevada 1973, 1872; Senate Resolution No. 1 of the 2001 Session (File No. 1)]

Rule No. 93


Rule No. 94.  Privilege of the Floor.

     1.  To preserve decorum and facilitate the business of the Senate, only the following persons may be present on the floor of the Senate during formal sessions:

     (a) State officers;Rule No. 94

     (b) Officers and members of the Senate;

     (c) Employees of the Legislative Counsel Bureau;

     (d) Attachés and employees of the Senate; and

     (e) Members of the Assembly whose presence is required for the transaction of business.

     2.  Guests of Senators must be seated in a section of the upper or lower gallery of the Senate Chamber to be specially designated by the Sergeant at Arms. The Majority Leader may specify special occasions when guests may be seated on the floor of the Senate with a Senator.

     3.  A majority of Senators may authorize the President to have the Senate Chamber cleared of all persons except Senators and officers of the Senate.

     4.  The Senate Chamber may not be used for any business other than legislative business during a legislative session.

     [Statutes of Nevada 1973, 1873; A 1987, 2333; 1999, 3826]

 

Rule No. 95.  Material Placed on Legislators’ Desks.

     1.  Only the Sergeant at Arms and officers and employees of the Senate may place papers, letters, notes, pamphlets and other written material upon a Senator’s desk. Such material must contain the name of the Legislator requesting the placement of the material on the desk or a designation of the origin of the material.

     2.  This rule does not apply to books containing the legislative bills and resolutions, the daily histories and daily journals of the Senate or Assembly, or Legislative Counsel Bureau material.

     [Statutes of Nevada 1973, 1873; A 1979, 1929; 1999, 3827]

 

Rule No. 96.  Reserved.

 

Rule No. 97.  Petitions and Memorials.

     The contents of any petition or memorial shall be briefly stated by the President or any Senator presenting it. It shall then lie on the table or be referred, as the President or Senate may direct.

     [Statutes of Nevada 1973, 1873]

 

Rule No. 98.  Reserved.

 

Rule No. 99.  Reserved.

 

Rule No. 100.  Reserved.

 

Rule No. 101.  Reserved.

 

Rule No. 102.  Objection to Reading of Paper.

     Where the reading of any paper is called for, and is objected to by any Senator, it shall be determined by a vote of the Senate, and without debate.

     [Statutes of Nevada 1973, 1873]

 

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

     All questions relating to the priority of business shall be decided without debate.

     [Statutes of Nevada 1973, 1873]

 


B.  Bills

 

Rule No. 104.  Reserved.

     [R 1983, 2105]

 

Rule No. 105.  Reserved.

 

Rule No. 106.  Skeleton Bills.

     Skeleton bills may be introduced after the beginning of a session when, in the opinion of the sponsor and the Legislative Counsel, the full drafting of the bill would entail extensive research or be of considerable length. A skeleton bill will be a presentation of ideas or statements of purpose, sufficient in style and expression to enable the Legislature and the committee to which the bill may be referred to consider the substantive merits of the legislation proposed.

     [Statutes of Nevada 1973, 1874; 1999, 3827]

 

Rule No. 107.  Information Concerning Bills.

     1.  Bills introduced may be accompanied by information relative to witnesses and selected persons of departments and agencies who should be considered for committee hearings on the proposed legislation. At the time of introduction of a bill, a list may be given to the Secretary of witnesses who are proponents of the measure together with their addresses and telephone numbers. This information may be provided by:

     (a) The Senator introducing the bill;

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

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

     2.  The Secretary shall deliver this information to the chairman of the committee to which the bill is referred. Members of the committee may suggest additional names for witnesses.

     3.  The Legislator may provide an analysis which may describe the intent, purpose, justification and effects of the bill, or any of them.

     [Statutes of Nevada 1973, 1874; A 1979, 1929; 1999, 3828]

 

Rule No. 108.  Reserved.

 

Rule No. 109.  Reading of Bills.

     1.  Every bill must receive three readings before its passage, unless, in case of emergency, this rule is suspended by a two-thirds vote.

     2.  The first reading of a bill is for information, and if there is opposition to the bill, the question must be, “Shall this bill be rejected?” If there is no opposition to the bill, or if the question to reject is defeated, the bill must then take the usual course.

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

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

     [Statutes of Nevada 1973, 1874; 1999, 3828]

 

Rule No. 110.  Second Reading File—Consent Calendar.

     1.  All bills or joint resolutions reported by committee must be placed on a second reading file unless recommended for placement on the consent calendar.

     2.  A committee shall not recommend a bill or joint resolution for placement on the consent calendar if:

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

     (b) It contains an appropriation;

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

     (d) It is controversial in nature.

     3.  A bill or joint resolution recommended for placement on the consent calendar must be included in the daily file listed in the daily history of the Senate at least 1 calendar day before it may be considered.Rule No. 110

     4.  A bill or joint resolution must be removed from the consent calendar at the request of any Senator. A bill or joint resolution so removed must be immediately placed on the second reading file for consideration in the usual order of business.

     5.  When the consent calendar is called, the bills remaining on the consent calendar must be read by number and summary, and the vote must be taken on their final passage as a group.

     [Statutes of Nevada 1977, 1652; A 1979, 1979; 1997, 3531; 1999, 3828, Senate Resolution No. 1 of the 2001 Session (File No. 1)]

Rule No. 111

Rule No. 111.  Printing.

     Eleven hundred copies of all bills and resolutions of general interest must be printed for the use of the Senate and Assembly. Such other matter must be printed as may be ordered by the Senate.

     [Statutes of Nevada 1973, 1875; 1999, 3829]

 

Rule No. 112.  Reserved.

 

Rule No. 113.  Reading of Bills—General File.

     1.  Upon reading of bills on the second reading file, Senate and Assembly bills reported without amendments must be placed on the general file. Committee amendments reported with bills must be considered upon their second reading and such amendments may be adopted by a majority vote of the members present. Bills so amended must be reprinted, engrossed or reengrossed, and placed on the general file. The file must be posted in the Senate Chamber and made available to members of the public each day by the Secretary.

     2.  Any member may move to amend a bill during its reading on the second reading file or during its third reading and the motion to amend may be adopted by a majority vote of the members present. Bills so amended on second reading must be treated the same as bills with committee amendments. Any bill so amended upon the general file must be reprinted and engrossed or reengrossed.

     3.  Unless otherwise ordered by the Senate, eleven hundred copies of all amended bills must be printed.

     [Statutes of Nevada 1973, 1875; A 1977, 1652; 1997, 3532; 1999, 3829]

 

Rule No. 114.  Commitment of Bill With Special Instructions.

     A bill may be committed with special instructions to amend at any time before taking the final vote.

     [Statutes of Nevada 1973, 1875]

 

Rule No. 115.  Reconsideration of Vote on Bill.

     1.  On the day after the final vote on any bill, the vote may be reconsidered on motion of any member if notice of intention to move for reconsideration was given on the day the final vote was taken by a Senator who voted on the prevailing side. No motion to reconsider is in order on the day the final vote was taken, except by unanimous consent.

     2.  Motions to reconsider a vote upon amendments to any pending question may be made and decided at once.

     [Statutes of Nevada 1973, 1876; 1999, 3830]

 

Rule No. 116.  Reserved.

 

Rule No. 117.  Different Subject Not Admitted as Amendment.

     No subject different from that under consideration shall be admitted as an amendment; and no bill or resolution shall be amended by incorporating any irrelevant subject matter or by association or annexing any other bill or resolution pending in the Senate, but a substitute may be offered at any time so long as the original is open to amendment.

     [Statutes of Nevada 1973, 1876]

C.  Resolutions

 

Rule No. 118.  Treated as Bills.

     Resolutions addressed to Congress, or to either House thereof, or to the President of the United States, or the heads of any of the national departments, or proposing amendments to the State Constitution are subject, in all respects, to the foregoing rules governing the course of bills. A joint resolution proposing an amendment to the constitution shall be entered in the journal in its entirety.

     [Statutes of Nevada 1973, 1876; A 1977, 1757]

 

Rule No. 119.  Treated as Motions.

     Resolutions, other than those referred to in Senate Standing Rule No. 118, shall be treated as motions in all proceedings of the Senate.

     [Statutes of Nevada 1973, 1876]

 

Rule No. 120.  Order of Business.

     1.  Roll Call.

     2.  Prayer and Pledge of Allegiance to the Flag.

     3.  Reading and Approval of the Journal.

     4.  Reports of Committees.

     5.  Messages from the Governor.

     6.  Messages from the Assembly.

     7.  Communications.

     8.  Waivers and Exemptions

     9.  Motions, Resolutions and Notices.

     10.  Introduction, First Reading and Reference.

     11.  Consent Calendar.

     12.  Second Reading and Amendment.

     13.  General File and Third Reading.

     14.  Unfinished Business.

     15.  Special Orders of the Day.

     16.  Remarks from the Floor; Introduction of Guests.

     [Statutes of Nevada 1973, 1876; A 1977, 1653; 1983, 2106; 1985, 2319; 1989, 2208; Senate Resolution No. 1 of the 2001 Session (File No. 1)]

 

Rule No. 121.  Privilege.

     Any Senator may rise and explain a matter personal to himself by leave of the President, but he shall not discuss any pending question in such explanation.

     [Statutes of Nevada 1973, 1877]

Rule No. 122.  Reserved.

 

Rule No. 123.  Reserved.

 

Rule No. 124.  Preference to Speak.

     When two or more Senators rise at the same time the President shall name the one who may first speak—giving preference, when practicable, to the mover or introducer of the subject under consideration.

     [Statutes of Nevada 1973, 1877]

Rule No. 124


Rule No. 125.  Special Order.

     The President shall call the Senate to order on the arrival of the time fixed for the consideration of a special order, and announce that the special order is before the Senate, which shall be considered, unless it be postponed by a two-thirds vote, and any business before the Senate at the time of the announcement of the special order shall go to Unfinished Business.

     [Statutes of Nevada 1973, 1877]

Rule No. 125

Rule No. 126.  Reserved.

 

Rule No. 127.  Reserved.

     [Statutes of Nevada 1973, 1877; 1999, 3831]

 

Rule No. 128.  Reserved.

     [R 1979, 1929]

 

Rule No. 129.  Reserved.

 

D.  Contests of Elections

 

Rule No. 130.  Procedure.

     1.  The Senate shall not dismiss a statement of contest for want of form if any ground of contest is alleged with sufficient certainty to inform the defendant of the charges he is required to meet. The following grounds are sufficient, but are not exclusive:

     (a) That the election board or any member thereof was guilty of malfeasance.

     (b) That a person who has been declared elected to an office was not at the time of election eligible to that office.

     (c) That illegal votes were cast and counted for the defendant, which, if taken from him, will reduce the number of his legal votes below the number necessary to elect him.

     (d) That the election board, in conducting the election or in canvassing the returns, made errors sufficient to change the result of the election as to any person who has been declared elected.

     (e) That the defendant has given, or offered to give, to any person a bribe for the purpose of procuring his election.

     (f) That there was a possible malfunction of any voting or counting device.

     2.  The contest must be submitted so far as may be possible upon depositions or by written or oral arguments as the Senate may order. Any party to a contest may take the deposition of any witness at any time after the statement of contest is filed with the Secretary of State and before the contest is finally decided. At least 5 days’ notice must be given to the prospective deponent and to the other party. If oral statements are made at any hearing before the Senate or a committee thereof which purport to establish matters of fact, they must be made under oath. Strict rules of evidence do not apply.

     3.  The contestant has the burden of proving that any irregularities shown were of such nature as to establish the probability that the result of the election was changed thereby. After consideration of all the evidence, the Senate shall declare the defendant elected unless the Senate finds from the evidence that a person other than the defendant received the greatest number of legal votes, in which case the Senate shall declare that person elected.

     [Statutes of Nevada 1981, 2145]

 

The next rule is 140.

 


IX.  LEGISLATIVE INVESTIGATIONS

 

Rule No. 140.  Compensation of Witnesses.

     Witnesses summoned to appear before the Senate, or any of its committees, shall be compensated as provided by law for witnesses required to attend in the courts of the State of Nevada.Rule No. 140

     [Statutes of Nevada 1973, 1877]


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