1 | 1 | | |
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2 | 2 | | |
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3 | 3 | | - 82nd Session (2023) |
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4 | 4 | | Senate Resolution No. 1–Senators Cannizzaro |
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5 | 5 | | and Seevers Gansert |
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6 | 6 | | |
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7 | 7 | | FILE NUMBER.......... |
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8 | 8 | | SENATE RESOLUTION —Adopting the Standing Rules of the |
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9 | 9 | | Senate for the 82nd Session of the Legislature. |
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10 | 10 | | RESOLVED BY THE SENATE OF THE STATE OF NEVADA, That the |
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11 | 11 | | Senate Standing Rules are hereby adopted for the 82nd Session of |
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12 | 12 | | the Legislature as follows: |
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13 | 13 | | |
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14 | 14 | | I. OFFICERS AND EMPLOYEES |
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15 | 15 | | |
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16 | 16 | | DUTIES OF OFFICERS |
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17 | 17 | | |
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18 | 18 | | Rule No. 1. President. |
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19 | 19 | | The President shall take the chair and call the Senate to order |
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20 | 20 | | precisely at the hour appointed for meeting, and if a quorum is |
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21 | 21 | | present shall cause the Journal of the preceding day to be read. |
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22 | 22 | | The President shall preserve order and decorum, and in case of |
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23 | 23 | | any disturbance or disorderly conduct within the Senate Chamber, |
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24 | 24 | | shall order the Sergeant at Arms to suppress it, and may order the |
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25 | 25 | | arrest of any person creating any disturbance within the Senate |
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26 | 26 | | Chamber. The President may speak to points of order in |
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27 | 27 | | preference to members, rising from the President’s seat for that |
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28 | 28 | | purpose, and shall decide questions of order without debate, |
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29 | 29 | | subject to an appeal to the Senate by two members, on which |
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30 | 30 | | appeal no member may speak more than once without leave of the |
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31 | 31 | | Senate. The President shall sign all acts, addresses and joint |
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32 | 32 | | resolutions, and all writs, warrants and subpoenas issued by order |
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33 | 33 | | of the Senate; all of which must be attested by the Secretary. The |
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34 | 34 | | President has general direction of the Senate Chamber. |
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35 | 35 | | |
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36 | 36 | | Rule No. 2. President pro Tempore and Other Presiding |
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37 | 37 | | Officers. |
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38 | 38 | | 1. Except as otherwise provided in subsection 2: |
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39 | 39 | | (a) The President pro Tempore has all the power and shall |
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40 | 40 | | discharge all the duties of the President during his or her absence |
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41 | 41 | | or inability to discharge the duties of his or her office. |
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42 | 42 | | (b) If the President is unwilling to discharge the duties of his |
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43 | 43 | | or her office, the Senate may, by majority vote of the Senate, call |
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44 | 44 | | upon the President pro Tempore to serve as the President. Upon |
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45 | 45 | | such call, the President pro Tempore has all the power and shall |
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46 | 46 | | – 2 – |
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47 | 47 | | |
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48 | 48 | | |
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49 | 49 | | - 82nd Session (2023) |
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50 | 50 | | discharge all the duties of the President during his or her |
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51 | 51 | | unwillingness to discharge the duties of his or her office. |
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52 | 52 | | (c) In the absence or inability of the President pro Tempore to |
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53 | 53 | | discharge the duties of the President’s office, the Chair of the |
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54 | 54 | | Standing Committee on Legislative Operations and Elections shall |
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55 | 55 | | serve as the presiding officer. In the absence or inability of the |
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56 | 56 | | Chair, the Vice Chair of the Standing Committee on Legislative |
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57 | 57 | | Operations and Elections shall serve as the presiding officer. In |
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58 | 58 | | the absence or inability of the Vice Chair of the Standing |
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59 | 59 | | Committee on Legislative Operations and Elections, the Senate |
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60 | 60 | | shall elect one of its members to serve as the presiding officer. A |
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61 | 61 | | member who is serving as the presiding officer has all the power |
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62 | 62 | | and shall discharge all the duties of the President until the |
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63 | 63 | | absence or inability which resulted in the member serving as the |
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64 | 64 | | presiding officer has ended. |
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65 | 65 | | 2. When the President pro Tempore or another member is |
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66 | 66 | | serving as the presiding officer, the President pro Tempore or |
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67 | 67 | | other member may vote on any question for which he or she is |
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68 | 68 | | otherwise qualified to vote as a member. If the Senate is equally |
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69 | 69 | | divided on the question, the President pro Tempore or other |
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70 | 70 | | member may not give an additional deciding vote or casting vote |
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71 | 71 | | pursuant to Senate Standing Rule No. 31 or Section 17 of Article 5 |
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72 | 72 | | of the Nevada Constitution. |
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73 | 73 | | |
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74 | 74 | | Rule No. 3. Secretary. |
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75 | 75 | | 1. The Secretary of the Senate is elected by the Senate, and |
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76 | 76 | | shall: |
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77 | 77 | | (a) Recruit, interview, select, train and supervise all staff |
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78 | 78 | | employed to assist with the work of the Senate. |
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79 | 79 | | (b) See that these employees perform their respective duties. |
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80 | 80 | | (c) Administer the daily business of the Senate, including the |
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81 | 81 | | provision of staff to its committees. |
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82 | 82 | | (d) Adopt such administrative policies as the Secretary deems |
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83 | 83 | | necessary to carry out the business of the Senate. |
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84 | 84 | | (e) Unless otherwise ordered by the Senate, transmit at the end |
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85 | 85 | | of each working day those bills and resolutions upon which the |
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86 | 86 | | next action is to be taken by the Assembly. |
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87 | 87 | | 2. The Secretary is responsible to the Majority Leader. |
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88 | 88 | | 3. The President and the Secretary are authorized to make |
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89 | 89 | | any necessary corrections and additions to the final Journal, Daily |
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90 | 90 | | History and committee minutes of the Senate. |
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91 | 91 | | 4. In the absence of the Secretary and subject to the |
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92 | 92 | | discretion of the Majority Leader, the Assistant Secretary shall |
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93 | 93 | | – 3 – |
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94 | 94 | | |
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95 | 95 | | |
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96 | 96 | | - 82nd Session (2023) |
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97 | 97 | | attest all writs, warrants and subpoenas issued by order of the |
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98 | 98 | | Senate and certify as to the passage of bills and resolutions; and in |
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99 | 99 | | the absence of both officers, the Majority Leader shall designate a |
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100 | 100 | | signatory. |
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101 | 101 | | |
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102 | 102 | | Rule No. 4. Sergeant at Arms. |
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103 | 103 | | The Sergeant at Arms shall: |
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104 | 104 | | 1. Attend the Senate during its sittings, and execute its |
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105 | 105 | | commands and all process issued by its authority. |
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106 | 106 | | 2. Keep the secrets of the Senate. |
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107 | 107 | | 3. Superintend the upkeep of the Senate’s Chamber, private |
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108 | 108 | | lounge and meeting rooms for committees. |
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109 | 109 | | |
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110 | 110 | | Rule No. 5. Deputy Sergeant at Arms and Assistant Sergeants |
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111 | 111 | | at Arms. |
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112 | 112 | | The Deputy Sergeant at Arms and Assistant Sergeants at Arms |
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113 | 113 | | shall serve as doorkeepers and shall preserve order in the Senate |
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114 | 114 | | Chamber and shall assist the Sergeant at Arms. The Deputy |
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115 | 115 | | Sergeant at Arms and Assistant Sergeants at Arms shall keep the |
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116 | 116 | | secrets of the Senate. In the event that the Sergeant at Arms is |
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117 | 117 | | incapacitated or absent for any reason, the Deputy Sergeant at |
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118 | 118 | | Arms shall serve as the Sergeant at Arms until the incapacity or |
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119 | 119 | | absence has ended. |
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120 | 120 | | |
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121 | 121 | | Rule No. 6. Continuation of Leadership and Standing Rules of |
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122 | 122 | | the Senate During the Interim Between Regular Sessions. |
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123 | 123 | | 1. Except as otherwise provided in subsections 2, 3 and 4, the |
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124 | 124 | | tenure of the President pro Tempore, Majority Leader and |
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125 | 125 | | Minority Leader extends during the interim between regular |
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126 | 126 | | sessions of the Legislature. |
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127 | 127 | | 2. The President pro Tempore, Majority Leader and Minority |
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128 | 128 | | Leader for the next succeeding regular session shall perform any |
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129 | 129 | | duty that is required of that officer by the Standing Rules of |
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130 | 130 | | the Senate and the Nevada Revised Statutes in the period between |
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131 | 131 | | the time of their designation after the general election and the |
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132 | 132 | | organization of the next succeeding regular session. |
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133 | 133 | | 3. The Majority Leader and Minority Leader for the next |
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134 | 134 | | succeeding regular session shall appoint the regular and alternate |
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135 | 135 | | members to the Committee on Ethics as set forth in Senate |
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136 | 136 | | Standing Rule No. 23. |
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137 | 137 | | 4. The Majority Leader shall: |
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138 | 138 | | (a) Determine the start time of the Senate’s organizational |
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139 | 139 | | session. |
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140 | 140 | | – 4 – |
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141 | 141 | | |
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142 | 142 | | |
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143 | 143 | | - 82nd Session (2023) |
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144 | 144 | | (b) Refer prefiled bills and resolutions to committee, subject to |
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145 | 145 | | ratification by a majority vote of the members of the Senate once |
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146 | 146 | | the Senate is organized and ready for business. |
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147 | 147 | | (c) Appoint committees during the interim between regular |
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148 | 148 | | sessions of the Legislature for any proper purpose, including, |
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149 | 149 | | without limitation, taking testimony, compelling the attendance of |
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150 | 150 | | witnesses, punishing persons or entities for contempt and |
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151 | 151 | | reporting findings to the next session of the Legislature. |
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152 | 152 | | 5. The Standing Rules of the Senate set forth herein shall |
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153 | 153 | | remain in full force and effect throughout the interim between |
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154 | 154 | | regular sessions of the Legislature and until new Standing Rules |
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155 | 155 | | of the Senate are adopted as part of the organization of a newly- |
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156 | 156 | | constituted Senate at the commencement of a session, unless a |
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157 | 157 | | conflict exists with a rule adopted by the Senate for a special |
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158 | 158 | | session occurring between regular sessions. |
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159 | 159 | | |
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160 | 160 | | The next rule is 10. |
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161 | 161 | | |
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162 | 162 | | II. SESSIONS AND MEETINGS |
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163 | 163 | | |
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164 | 164 | | Rule No. 10. Time of Meeting. |
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165 | 165 | | 1. Except as otherwise provided in subsection 2, the President |
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166 | 166 | | shall call the Senate to order each day of sitting at 11:00 o’clock |
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167 | 167 | | a.m., unless the Senate has adjourned to some other hour. |
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168 | 168 | | 2. In the event an emergency occurs during a regular or |
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169 | 169 | | special session of the Legislature which requires a meeting of the |
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170 | 170 | | Senate, the Majority Leader shall call the members back to order |
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171 | 171 | | before the hour to which the Senate has adjourned. |
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172 | 172 | | |
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173 | 173 | | Rule No. 11. Call of Senate—Moved by Three Members. |
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174 | 174 | | A Call of the Senate may be moved by three Senators, and if |
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175 | 175 | | carried by a majority of all present, the Secretary shall call the roll |
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176 | 176 | | and note the absentees, after which the names of the absentees |
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177 | 177 | | shall again be called over. The doors shall then be closed and the |
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178 | 178 | | Sergeant at Arms directed to take into custody all who may be |
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179 | 179 | | absent without leave, and all Senators so taken into custody shall |
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180 | 180 | | be presented at the bar of the Senate for such action as to the |
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181 | 181 | | Senate may seem proper. |
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182 | 182 | | |
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183 | 183 | | Rule No. 12. Absence—Leave Required. |
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184 | 184 | | No Senator shall absent himself or herself from the service of |
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185 | 185 | | the Senate without leave, except in case of accident or sickness, |
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186 | 186 | | – 5 – |
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187 | 187 | | |
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188 | 188 | | |
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189 | 189 | | - 82nd Session (2023) |
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190 | 190 | | and if any Senator or officer shall so absent himself or herself, the |
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191 | 191 | | per diem of the Senator shall not be allowed to him or her. |
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192 | 192 | | |
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193 | 193 | | Rule No. 13. Open Meetings. |
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194 | 194 | | 1. Except as provided in the Constitution of the State of |
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195 | 195 | | Nevada and in subsection 2, all meetings of the Senate and its |
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196 | 196 | | committees must be open to the public. |
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197 | 197 | | 2. A Senate committee meeting may be closed to consider the |
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198 | 198 | | character, alleged misconduct, professional competence, or |
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199 | 199 | | physical or mental health of a person. |
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200 | 200 | | |
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201 | 201 | | The next rule is 20. |
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202 | 202 | | |
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203 | 203 | | III. DECORUM AND DEB ATE |
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204 | 204 | | |
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205 | 205 | | Rule No. 20. Points of Order. |
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206 | 206 | | 1. If any Senator, in speaking or otherwise, transgresses the |
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207 | 207 | | rules of the Senate, the President shall, or any Senator may, call |
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208 | 208 | | him or her to order. If a Senator is so called to order, he or she |
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209 | 209 | | shall not proceed without leave of the Senate. If such leave is |
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210 | 210 | | granted, it must be upon the motion, “That he or she be allowed to |
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211 | 211 | | proceed in order,” and the Senator shall confine himself or herself |
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212 | 212 | | to the proposal under consideration and avoid personality. |
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213 | 213 | | 2. Every ruling on points of order made by the President is |
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214 | 214 | | subject to appeal, and a discussion of a question of order may be |
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215 | 215 | | allowed only upon the appeal of two Senators. In all cases of |
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216 | 216 | | appeal, the question must be, “Shall the ruling of the Chair stand |
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217 | 217 | | as the judgment of the Senate?” |
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218 | 218 | | |
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219 | 219 | | Rule No. 21. Breaches of Decorum. |
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220 | 220 | | 1. In cases of breaches of decorum or propriety, any Senator, |
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221 | 221 | | officer or other person is liable to such censure or punishment as |
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222 | 222 | | the Senate may deem proper. |
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223 | 223 | | 2. If any Senator is called to order for offensive or indecorous |
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224 | 224 | | language or conduct, the person calling the Senator to order shall |
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225 | 225 | | report the offensive or indecorous language or conduct to the |
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226 | 226 | | presiding officer. No member may be held to answer for any |
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227 | 227 | | language used on the floor of the Senate if business has |
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228 | 228 | | intervened before exception to the language was taken. |
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229 | 229 | | 3. Indecorous conduct or boisterous or unbecoming language |
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230 | 230 | | is not permitted in the Senate Chamber. |
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231 | 231 | | |
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232 | 232 | | Rule No. 22. Reserved. |
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233 | 233 | | – 6 – |
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234 | 234 | | |
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235 | 235 | | |
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236 | 236 | | - 82nd Session (2023) |
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237 | 237 | | Rule No. 23. Committee on Ethics; Legislative Ethics. |
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238 | 238 | | 1. The Committee on Ethics consists of: |
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239 | 239 | | (a) Two members of the Senate appointed by the Majority |
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240 | 240 | | Leader from the majority political party; |
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241 | 241 | | (b) One member of the Senate appointed by the Minority |
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242 | 242 | | Leader from the minority political party; and |
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243 | 243 | | (c) Three qualified electors of the State, two of whom are |
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244 | 244 | | appointed by the Majority Leader and one who is appointed by the |
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245 | 245 | | Minority Leader, and none of whom is a present member of the |
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246 | 246 | | Legislature or employed by the State of Nevada. |
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247 | 247 | | Not more than four members of the Committee may be |
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248 | 248 | | members of the same political party. |
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249 | 249 | | 2. The Majority Leader shall appoint the Chair and Vice |
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250 | 250 | | Chair of the Committee. The Vice Chair shall serve as the acting |
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251 | 251 | | Chair if the Chair is unable to serve for any reason during the |
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252 | 252 | | consideration of a specific proposal. |
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253 | 253 | | 3. The Majority Leader shall appoint an alternate member |
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254 | 254 | | with the qualifications set forth in paragraph (a) of subsection 1 |
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255 | 255 | | and an alternate member with the qualifications set forth in |
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256 | 256 | | paragraph (c) of subsection 1. The Minority Leader shall appoint |
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257 | 257 | | an alternate member with the qualifications set forth in paragraph |
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258 | 258 | | (b) of subsection 1 and an alternate member with the |
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259 | 259 | | qualifications set forth in paragraph (c) of subsection 1. If a |
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260 | 260 | | member of the Committee is unable to serve for any reason during |
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261 | 261 | | the consideration of a specific proposal, the alternate appointed |
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262 | 262 | | with the qualifications from the same paragraph in subsection 1 |
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263 | 263 | | shall serve as a member of the Committee during the |
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264 | 264 | | consideration of the specific proposal. |
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265 | 265 | | 4. A member of the Committee is disqualified to serve during |
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266 | 266 | | the consideration of a specific proposal if: |
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267 | 267 | | (a) The member is the requester of advice concerning the |
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268 | 268 | | question of ethics or conflict of interest, or the member is the |
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269 | 269 | | subject of the complaint concerning the specific question; or |
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270 | 270 | | (b) A reasonable person in the member’s situation could not |
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271 | 271 | | exercise independent judgment on the matter in question. |
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272 | 272 | | 5. The members of the Committee shall perform any duty |
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273 | 273 | | required in the period between the time of their appointment after |
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274 | 274 | | the general election and the organization of the next succeeding |
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275 | 275 | | regular session, or until the Majority Leader or the Minority |
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276 | 276 | | Leader appoint new members to the Committee, whichever occurs |
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277 | 277 | | first. |
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278 | 278 | | 6. The tenure of the members of the Committee shall extend |
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279 | 279 | | during the interim between regular sessions of the Legislature. |
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280 | 280 | | – 7 – |
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281 | 281 | | |
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282 | 282 | | |
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283 | 283 | | - 82nd Session (2023) |
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284 | 284 | | 7. The Committee: |
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285 | 285 | | (a) May hear requests brought by Senators for advice on |
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286 | 286 | | specific questions of potential breaches of ethics and conflicts of |
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287 | 287 | | interest; and |
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288 | 288 | | (b) Shall hear complaints brought by Senators and others on |
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289 | 289 | | specific questions of alleged breaches of ethics and conflicts of |
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290 | 290 | | interest, including, without limitation, alleged breaches of the |
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291 | 291 | | Legislative Code of Ethical Standards in the Joint Standing Rules. |
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292 | 292 | | 8. All proceedings held by the Committee to consider the |
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293 | 293 | | character, alleged misconduct, professional competence or |
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294 | 294 | | physical or mental health of any person on matters of ethics or |
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295 | 295 | | conflicts of interest and all materials related to those proceedings |
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296 | 296 | | are confidential, unless the person who is the subject of the |
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297 | 297 | | proceedings requests a public hearing or discloses the content of |
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298 | 298 | | the proceedings or materials. |
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299 | 299 | | 9. An individual may file a complaint which alleges a breach |
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300 | 300 | | of ethics or a conflict of interest, including, without limitation, an |
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301 | 301 | | alleged breach of the Legislative Code of Ethical Standards in the |
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302 | 302 | | Joint Standing Rules. If the alleged breach of ethics or conflict of |
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303 | 303 | | interest involves the conduct of more than one person, separate |
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304 | 304 | | complaints must be filed regarding each person. A complaint must |
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305 | 305 | | be: |
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306 | 306 | | (a) Made in writing on a form provided by the Legislative |
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307 | 307 | | Counsel; |
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308 | 308 | | (b) Signed and verified under penalty of perjury by the |
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309 | 309 | | individual making the allegation; and |
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310 | 310 | | (c) Filed with the Legislative Counsel who shall review the |
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311 | 311 | | complaint and any other relevant information and consult with |
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312 | 312 | | the Chair of the Committee or, if the Chair is the subject of the |
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313 | 313 | | complaint, with the Vice Chair, to evaluate whether the Committee |
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314 | 314 | | has jurisdiction and whether an investigation is warranted in the |
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315 | 315 | | matter. If it is determined that the Committee: |
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316 | 316 | | (1) Does not have jurisdiction or that an investigation is not |
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317 | 317 | | warranted in the matter, the Legislative Counsel shall send written |
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318 | 318 | | notice of the determination to the individual who filed the |
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319 | 319 | | complaint. |
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320 | 320 | | (2) Has jurisdiction and an investigation is warranted in |
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321 | 321 | | the matter, the Legislative Counsel shall send written notice of the |
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322 | 322 | | determination and a copy of the complaint to the person who is the |
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323 | 323 | | subject of the complaint. |
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324 | 324 | | 10. Each Legislator is subject, at all times, to the Legislative |
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325 | 325 | | Code of Ethical Standards in the Joint Standing Rules and, in |
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326 | 326 | | addition, must determine whether he or she has a conflict of |
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327 | 327 | | – 8 – |
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328 | 328 | | |
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329 | 329 | | |
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330 | 330 | | - 82nd Session (2023) |
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331 | 331 | | interest upon any matter in question before the Legislator. In |
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332 | 332 | | determining whether the Legislator has such a conflict of interest, |
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333 | 333 | | the Legislator should consider whether the independence of |
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334 | 334 | | judgment of a reasonable person in his or her situation upon the |
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335 | 335 | | matter in question would be materially affected by the |
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336 | 336 | | Legislator’s: |
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337 | 337 | | (a) Acceptance of a gift or loan; |
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338 | 338 | | (b) Private economic interest; or |
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339 | 339 | | (c) Commitment to a member of his or her household or |
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340 | 340 | | immediate family. |
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341 | 341 | | In interpreting and applying the provisions of this subsection, it |
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342 | 342 | | must be presumed that the independence of judgment of a |
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343 | 343 | | reasonable person in the Legislator’s situation would not be |
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344 | 344 | | materially affected by the Legislator’s private economic interest or |
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345 | 345 | | the Legislator’s commitment to a member of his or her household |
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346 | 346 | | or immediate family where the resulting benefit or detriment |
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347 | 347 | | accruing to the Legislator, or if the Legislator has a commitment |
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348 | 348 | | to a member of his or her household or immediate family, |
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349 | 349 | | accruing to those other persons, is not greater than that accruing |
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350 | 350 | | to any other member of the general business, profession, |
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351 | 351 | | occupation or group that is affected by the matter. |
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352 | 352 | | 11. Except as otherwise provided in subsection 12, if a |
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353 | 353 | | Legislator knows he or she has a conflict of interest pursuant to |
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354 | 354 | | subsection 10, the Legislator shall make a disclosure of the |
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355 | 355 | | conflict of interest on the record in a meeting of a committee or on |
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356 | 356 | | the floor of the Senate, as applicable. Such a disclosure must be |
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357 | 357 | | entered: |
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358 | 358 | | (a) If the Legislator makes the disclosure in a meeting of a |
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359 | 359 | | committee, in the minutes for that meeting. |
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360 | 360 | | (b) If the Legislator makes the disclosure on the floor of the |
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361 | 361 | | Senate, in the Journal. |
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362 | 362 | | 12. If, on one or more prior occasions during the current |
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363 | 363 | | session of the Legislature, a Legislator has made a general |
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364 | 364 | | disclosure of a conflict of interest on the record in a meeting of a |
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365 | 365 | | committee or on the floor of the Senate, the Legislator is not |
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366 | 366 | | required to make that general disclosure at length again regarding |
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367 | 367 | | the same conflict of interest if, when the matter in question arises |
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368 | 368 | | on subsequent occasions, the Legislator makes a reference on the |
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369 | 369 | | record to the previous disclosure. |
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370 | 370 | | 13. In determining whether to abstain from voting upon, |
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371 | 371 | | advocating or opposing a matter concerning which a Legislator |
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372 | 372 | | has a conflict of interest pursuant to subsection 10, the Legislator |
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373 | 373 | | should consider whether: |
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374 | 374 | | – 9 – |
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375 | 375 | | |
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376 | 376 | | |
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377 | 377 | | - 82nd Session (2023) |
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378 | 378 | | (a) The conflict impedes his or her independence of judgment; |
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379 | 379 | | and |
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380 | 380 | | (b) His or her interest is greater than the interests of an entire |
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381 | 381 | | class of persons similarly situated. |
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382 | 382 | | 14. The provisions of this Rule do not under any |
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383 | 383 | | circumstances and regardless of any conflict of interest: |
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384 | 384 | | (a) Prohibit a Legislator from requesting or introducing a |
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385 | 385 | | legislative measure; or |
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386 | 386 | | (b) Require a Legislator to take any particular action before or |
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387 | 387 | | while requesting or introducing a legislative measure. |
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388 | 388 | | 15. If a Legislator who is a member of a committee declares |
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389 | 389 | | on the record when a vote is to be taken by the committee that he |
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390 | 390 | | or she will abstain from voting because of the requirements of this |
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391 | 391 | | Rule, the necessary quorum to act upon and the number of votes |
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392 | 392 | | necessary to act upon the matter is reduced as though the |
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393 | 393 | | Legislator abstaining were not a member of the committee. |
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394 | 394 | | 16. The standards and procedures set forth in this Rule which |
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395 | 395 | | govern whether and to what extent a Senator has a conflict of |
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396 | 396 | | interest, should disclose a conflict of interest or should abstain |
---|
397 | 397 | | from voting upon, advocating or opposing a matter concerning |
---|
398 | 398 | | which the Senator has a conflict of interest pursuant to |
---|
399 | 399 | | subsection 10: |
---|
400 | 400 | | (a) Are exclusive and are the only standards and procedures |
---|
401 | 401 | | that apply to Senators with regard to such matters; and |
---|
402 | 402 | | (b) Supersede and preempt all other standards and procedures |
---|
403 | 403 | | with regard to such matters, |
---|
404 | 404 | | except that this subsection does not exempt any Senators from |
---|
405 | 405 | | the Legislative Code of Ethical Standards in the Joint Standing |
---|
406 | 406 | | Rules. |
---|
407 | 407 | | 17. For purposes of this Rule, “immediate family” means a |
---|
408 | 408 | | person who is related to the Legislator by blood, adoption or |
---|
409 | 409 | | marriage within the first degree of consanguinity or affinity. |
---|
410 | 410 | | |
---|
411 | 411 | | The next rule is 30. |
---|
412 | 412 | | |
---|
413 | 413 | | IV. QUORUM, VOTING, ELECTIONS |
---|
414 | 414 | | |
---|
415 | 415 | | Rule No. 30. Recorded Vote—Three Required to Call For. |
---|
416 | 416 | | 1. A recorded vote must be taken upon final passage of a bill |
---|
417 | 417 | | or joint resolution, and in any other case when called for by three |
---|
418 | 418 | | members. Every Senator within the bar of the Senate shall vote |
---|
419 | 419 | | “yea” or “nay” or record himself or herself as “not voting,” unless |
---|
420 | 420 | | excused by unanimous vote of the Senate. A Senator who records |
---|
421 | 421 | | – 10 – |
---|
422 | 422 | | |
---|
423 | 423 | | |
---|
424 | 424 | | - 82nd Session (2023) |
---|
425 | 425 | | himself or herself as “not voting” must make a full and complete |
---|
426 | 426 | | disclosure of a conflict of interest pursuant to Senate Standing |
---|
427 | 427 | | Rule No. 23. |
---|
428 | 428 | | 2. The votes and names of those absent or recorded as “not |
---|
429 | 429 | | voting” and the names of Senators demanding the recorded vote |
---|
430 | 430 | | must be entered in the Journal. |
---|
431 | 431 | | |
---|
432 | 432 | | Rule No. 31. President to Decide—Tie Vote. |
---|
433 | 433 | | A question is lost by a tie vote, but when the Senate is equally |
---|
434 | 434 | | divided on any question except the passage of a bill or joint |
---|
435 | 435 | | resolution, the President may give the deciding vote. |
---|
436 | 436 | | |
---|
437 | 437 | | Rule No. 32. Manner of Election—Voting. |
---|
438 | 438 | | 1. In all cases of election by the Senate, the vote must be |
---|
439 | 439 | | taken viva voce. In other cases, if a vote is to be recorded, it may |
---|
440 | 440 | | be taken by oral roll-call or by electronic recording. |
---|
441 | 441 | | 2. When a recorded vote is taken, no Senator may: |
---|
442 | 442 | | (a) Vote except when at his or her seat; |
---|
443 | 443 | | (b) Explain his or her vote or discuss the question while the |
---|
444 | 444 | | voting is in progress; or |
---|
445 | 445 | | (c) Change his or her vote after the result is announced. |
---|
446 | 446 | | 3. The announcement of the result of any vote must not be |
---|
447 | 447 | | postponed. |
---|
448 | 448 | | |
---|
449 | 449 | | The next rule is 40. |
---|
450 | 450 | | |
---|
451 | 451 | | V. LEGISLATIVE BODIES |
---|
452 | 452 | | |
---|
453 | 453 | | Rule No. 40. Standing and Select Committees. |
---|
454 | 454 | | 1. Except as otherwise provided in Senate Standing Rule No. |
---|
455 | 455 | | 23, the Majority Leader shall appoint all standing and select |
---|
456 | 456 | | committees and shall determine the majority-minority party |
---|
457 | 457 | | composition of all standing and select committees. Appointments |
---|
458 | 458 | | to committees shall be made by the Majority Leader for the |
---|
459 | 459 | | majority party members and by the Minority Leader for the |
---|
460 | 460 | | minority party members. The Majority Leader shall designate |
---|
461 | 461 | | the Chair and Vice Chair of all standing and select committees. |
---|
462 | 462 | | 2. The Majority Leader shall refer prefiled bills and |
---|
463 | 463 | | resolutions to committee, subject to ratification by a majority vote |
---|
464 | 464 | | of the Senate once the Senate is organized and ready for business. |
---|
465 | 465 | | 3. Except as otherwise provided in subsection 4, the standing |
---|
466 | 466 | | and select committees of the Senate and their respective |
---|
467 | 467 | | – 11 – |
---|
468 | 468 | | |
---|
469 | 469 | | |
---|
470 | 470 | | - 82nd Session (2023) |
---|
471 | 471 | | jurisdiction for the reference of bills and resolutions are as |
---|
472 | 472 | | follows: |
---|
473 | 473 | | (a) Commerce and Labor, eight members, with jurisdiction |
---|
474 | 474 | | over measures affecting primarily titles 52-55 of NRS, and |
---|
475 | 475 | | chapters 97-100, 118-119, 119B, 461, 461A, 489, 678A, 678B, |
---|
476 | 476 | | 678D, 679A-693A, 694A-697, 711 and 712 of NRS, except |
---|
477 | 477 | | measures affecting primarily state and local revenue. |
---|
478 | 478 | | (b) Education, seven members, with jurisdiction over measures |
---|
479 | 479 | | affecting primarily chapters 353B, 378-380A, 385-386 and 388- |
---|
480 | 480 | | 399 of NRS, except measures affecting primarily state and local |
---|
481 | 481 | | revenue. |
---|
482 | 482 | | (c) Finance, eight members, with jurisdiction over measures |
---|
483 | 483 | | affecting primarily chapters 1A, 387 and 400 of NRS, |
---|
484 | 484 | | appropriations, operating and capital budgets, state and federal |
---|
485 | 485 | | budget issues and bonding, except measures affecting primarily |
---|
486 | 486 | | state and local revenue, and over any measures carrying or |
---|
487 | 487 | | requiring appropriations and favorably reported by any other |
---|
488 | 488 | | committee. |
---|
489 | 489 | | (d) Government Affairs, five members, with jurisdiction over |
---|
490 | 490 | | measures affecting primarily titles 20, 21, 25, 27, 28, 30, 36 and 37 |
---|
491 | 491 | | of NRS, and chapters 223-228, 232-233I, 234-237, 238-242, 271, |
---|
492 | 492 | | 277-280, 286-289, 353, 353A, 353C-358, 381, 384, 472, 474, 477, |
---|
493 | 493 | | 693B, 709, 710 and 720 of NRS, except measures affecting |
---|
494 | 494 | | primarily the provisions of the Nevada Administrative Procedure |
---|
495 | 495 | | Act that govern the adjudication of contested cases, the Tahoe |
---|
496 | 496 | | Regional Planning Compact and the Tahoe Regional Planning |
---|
497 | 497 | | Agency, state and local revenue and state and federal budget |
---|
498 | 498 | | issues. |
---|
499 | 499 | | (e) Growth and Infrastructure, five members, with jurisdiction |
---|
500 | 500 | | over measures affecting primarily title 44 of NRS, and chapters |
---|
501 | 501 | | 403-405, 408, 410, 459A, 476, 480-487, 490 and 701-708 of NRS, |
---|
502 | 502 | | except measures affecting primarily state and local revenue. |
---|
503 | 503 | | (f) Health and Human Services, five members, with |
---|
504 | 504 | | jurisdiction over measures affecting primarily titles 38 and 39 of |
---|
505 | 505 | | NRS, chapters 439-442 of NRS, NRS 444.002-444.430 and |
---|
506 | 506 | | chapters 446-453C, 454-458A, 460, 583-585 and 678C of NRS, |
---|
507 | 507 | | except measures affecting primarily state and local revenue. |
---|
508 | 508 | | (g) Judiciary, eight members, with jurisdiction over measures |
---|
509 | 509 | | affecting primarily the provisions of the Nevada Administrative |
---|
510 | 510 | | Procedure Act that govern the adjudication of contested cases, |
---|
511 | 511 | | titles 2-7, 9, 11-16 and 41 of NRS, and chapters 1, 2-7, 101-104A, |
---|
512 | 512 | | 111-117, 119A, 120, 120A, 475, 719, 721 and 722 of NRS, except |
---|
513 | 513 | | measures affecting primarily state and local revenue. |
---|
514 | 514 | | – 12 – |
---|
515 | 515 | | |
---|
516 | 516 | | |
---|
517 | 517 | | - 82nd Session (2023) |
---|
518 | 518 | | (h) Legislative Operations and Elections, five members, with |
---|
519 | 519 | | jurisdiction over measures affecting primarily titles 17, 24 and 29 |
---|
520 | 520 | | of NRS, chapters 281-285 of NRS, and the operation of the |
---|
521 | 521 | | legislative session, except measures affecting primarily state and |
---|
522 | 522 | | local revenue. |
---|
523 | 523 | | (i) Natural Resources, five members, with jurisdiction over |
---|
524 | 524 | | measures affecting primarily titles 26 and 45-50 of NRS, chapters |
---|
525 | 525 | | 383, 407 and 407A of NRS, NRS 444.435-444.650, chapters 444A- |
---|
526 | 526 | | 445D, 459, 488, 581, 582 and 586-590 of NRS, and the Tahoe |
---|
527 | 527 | | Regional Planning Compact and the Tahoe Regional Planning |
---|
528 | 528 | | Agency, except measures affecting primarily state and local |
---|
529 | 529 | | revenue. |
---|
530 | 530 | | (j) Revenue and Economic Development, five members, with |
---|
531 | 531 | | jurisdiction over measures affecting primarily title 32 of NRS, |
---|
532 | 532 | | chapters 231, 231A, 237A, 271A-274 and 453D of NRS, and state |
---|
533 | 533 | | and local revenue. |
---|
534 | 534 | | 4. The Chair of the Standing Committee on Finance may |
---|
535 | 535 | | assign any portion of a proposed executive budget to any of the |
---|
536 | 536 | | other standing or select committees of the Senate for review. Upon |
---|
537 | 537 | | receiving such an assignment the standing or select committee |
---|
538 | 538 | | shall complete its review expeditiously and report its findings and |
---|
539 | 539 | | any recommendations to the Standing Committee on Finance for |
---|
540 | 540 | | its independent evaluation. |
---|
541 | 541 | | |
---|
542 | 542 | | Rule No. 41. Appointment of Alternates. |
---|
543 | 543 | | If the Chair or any member of a committee is temporarily |
---|
544 | 544 | | unable to perform his or her duties, the Majority Leader shall |
---|
545 | 545 | | appoint an alternate of the same political party to serve in the |
---|
546 | 546 | | Chair’s or the member’s place for such time as is determined by |
---|
547 | 547 | | the Majority Leader. |
---|
548 | 548 | | |
---|
549 | 549 | | Rule No. 42. Committee Expenses. |
---|
550 | 550 | | No committee shall employ assistance or incur any expense, |
---|
551 | 551 | | except by permission of the Majority Leader previously obtained. |
---|
552 | 552 | | |
---|
553 | 553 | | Rule No. 43. Duties of Committees. |
---|
554 | 554 | | The several committees shall acquaint themselves with the |
---|
555 | 555 | | interests of the State specially represented by the committee and |
---|
556 | 556 | | shall present such bills and reports as in their judgment will |
---|
557 | 557 | | advance the interests and promote the welfare of the people of the |
---|
558 | 558 | | State. |
---|
559 | 559 | | |
---|
560 | 560 | | Rule No. 44. Reserved. |
---|
561 | 561 | | – 13 – |
---|
562 | 562 | | |
---|
563 | 563 | | |
---|
564 | 564 | | - 82nd Session (2023) |
---|
565 | 565 | | Rule No. 45. Reserved. |
---|
566 | 566 | | |
---|
567 | 567 | | Rule No. 46. Forming Committee of the Whole. |
---|
568 | 568 | | In forming the Committee of the Whole, the Senator who has |
---|
569 | 569 | | so moved shall name a Chair to preside. All amendments proposed |
---|
570 | 570 | | by the Committee shall be reported by the Chair to the Senate. |
---|
571 | 571 | | |
---|
572 | 572 | | Rule No. 47. Rules Applicable to Committee of the Whole. |
---|
573 | 573 | | The Rules of the Senate shall apply to proceedings in |
---|
574 | 574 | | Committee of the Whole, except that the previous question shall |
---|
575 | 575 | | not be ordered, nor the yeas and nays demanded, but the |
---|
576 | 576 | | Committee may limit the number of times that any member may |
---|
577 | 577 | | speak, at any stage of proceedings, during its sitting. Messages |
---|
578 | 578 | | may be received by the President while the Committee is sitting; in |
---|
579 | 579 | | which case the President shall resume the chair and receive the |
---|
580 | 580 | | message. After receiving the message, the President shall vacate |
---|
581 | 581 | | the chair in favor of the Chair of the Committee. |
---|
582 | 582 | | |
---|
583 | 583 | | Rule No. 48. Motion to Rise Committee of the Whole. |
---|
584 | 584 | | A motion that the Committee rise shall always be in order, and |
---|
585 | 585 | | shall be decided without debate. |
---|
586 | 586 | | |
---|
587 | 587 | | Rule No. 49. Reference to Committee. |
---|
588 | 588 | | When a motion is made to refer any subject, and different |
---|
589 | 589 | | committees are proposed, the subject may be referred to the |
---|
590 | 590 | | committee with jurisdiction over the subject as set forth in Senate |
---|
591 | 591 | | Standing Rule No. 40, or to a different committee, upon a majority |
---|
592 | 592 | | vote of the members present. |
---|
593 | 593 | | |
---|
594 | 594 | | Rule No. 50. Return From Committee. |
---|
595 | 595 | | 1. Any bill or other matter referred to a committee of the |
---|
596 | 596 | | Senate must not be withdrawn or ordered taken from the |
---|
597 | 597 | | committee for consideration by the Senate, for re-referral, or for |
---|
598 | 598 | | any other reason without a majority vote of the Senate, and at |
---|
599 | 599 | | least one day’s notice of the motion therefor. |
---|
600 | 600 | | 2. No such motion is in order: |
---|
601 | 601 | | (a) If the bill to be withdrawn or ordered taken from the |
---|
602 | 602 | | committee may no longer be considered by the Senate; or |
---|
603 | 603 | | (b) On the last day of the session, or on the day preceding the |
---|
604 | 604 | | last day of the session. |
---|
605 | 605 | | 3. This Rule does not take from any committee the rights and |
---|
606 | 606 | | duties of committees provided for in Senate Standing Rule No. 43. |
---|
607 | 607 | | |
---|
608 | 608 | | – 14 – |
---|
609 | 609 | | |
---|
610 | 610 | | |
---|
611 | 611 | | - 82nd Session (2023) |
---|
612 | 612 | | Rule No. 51. Reserved. |
---|
613 | 613 | | |
---|
614 | 614 | | Rule No. 52. Reserved. |
---|
615 | 615 | | |
---|
616 | 616 | | Rule No. 53. Committee Rules. |
---|
617 | 617 | | 1. The rules of the Senate, as far as applicable, are the rules |
---|
618 | 618 | | of committees of the Senate. Procedure in committees, where not |
---|
619 | 619 | | otherwise provided in this Rule, must follow the procedure of the |
---|
620 | 620 | | Senate. For matters not included in the rules of the Senate or |
---|
621 | 621 | | these rules, Mason’s Manual of Legislative Procedure must be |
---|
622 | 622 | | followed. |
---|
623 | 623 | | 2. A majority of any committee constitutes a quorum for the |
---|
624 | 624 | | transaction of business. |
---|
625 | 625 | | 3. A meeting of a committee may not be opened without a |
---|
626 | 626 | | quorum present. |
---|
627 | 627 | | 4. In addition to regularly scheduled meetings of a committee |
---|
628 | 628 | | or those called by the Chair of the committee, meetings may be set |
---|
629 | 629 | | by a written petition of a majority of the committee and filed with |
---|
630 | 630 | | the Chair of the committee. |
---|
631 | 631 | | 5. A bill may be passed from a committee only by a majority |
---|
632 | 632 | | of the committee membership. A simple majority of those present |
---|
633 | 633 | | and voting is sufficient to adopt committee amendments. |
---|
634 | 634 | | 6. Subcommittees may be appointed by the Chair of a |
---|
635 | 635 | | committee to consider subjects specified by the Chair and shall |
---|
636 | 636 | | report back to the committee. If a member of a subcommittee is |
---|
637 | 637 | | not a member of the standing or select committee for which the |
---|
638 | 638 | | subcommittee is created, the approval of the Majority Leader is |
---|
639 | 639 | | required for that member’s appointment. If a subcommittee is so |
---|
640 | 640 | | appointed, the Chair of the committee shall determine whether the |
---|
641 | 641 | | subcommittee shall keep minutes of its meetings. Any minutes |
---|
642 | 642 | | required to be kept pursuant to this subsection must comply with |
---|
643 | 643 | | the provisions of subsection 12. |
---|
644 | 644 | | 7. A committee shall act only when together, and all votes |
---|
645 | 645 | | must be taken in the presence of the committee. A member shall |
---|
646 | 646 | | not be recorded as voting unless the member was actually present |
---|
647 | 647 | | in the committee at the time of the vote. The Chair of the |
---|
648 | 648 | | committee must be present when the committee votes to take any |
---|
649 | 649 | | final actions on bills or resolutions, but the Chair is not required |
---|
650 | 650 | | to vote. In addition to the use of remote-technology systems |
---|
651 | 651 | | pursuant to Senate Standing Rule No. 136, upon approval of the |
---|
652 | 652 | | Majority Leader, a committee may meet together by video |
---|
653 | 653 | | conference or other appropriate remote-technology systems. A |
---|
654 | 654 | | member who is actually present in the committee at a posted video |
---|
655 | 655 | | – 15 – |
---|
656 | 656 | | |
---|
657 | 657 | | |
---|
658 | 658 | | - 82nd Session (2023) |
---|
659 | 659 | | conference or other remote location is present and in attendance |
---|
660 | 660 | | at the meeting for all purposes. A member who is participating in |
---|
661 | 661 | | a committee meeting with all committee members participating |
---|
662 | 662 | | through the use of a remote-technology system pursuant to the |
---|
663 | 663 | | direction of the Majority Leader shall participate in the committee |
---|
664 | 664 | | meeting from a location other than a committee meeting room. |
---|
665 | 665 | | The provisions of this subsection do not prohibit the prefiling of |
---|
666 | 666 | | legislative bills and resolutions on behalf of a committee in the |
---|
667 | 667 | | manner prescribed by the Legislative Commission. |
---|
668 | 668 | | 8. All committee and subcommittee meetings are open to the |
---|
669 | 669 | | public, except as otherwise provided in Senate Standing |
---|
670 | 670 | | Rule No. 13. |
---|
671 | 671 | | 9. Before a Chair of a committee reports a bill or resolution |
---|
672 | 672 | | to the Senate, the committee may reconsider its action. A motion to |
---|
673 | 673 | | reconsider must be made by any member who voted on the action. |
---|
674 | 674 | | 10. The Chair of a committee shall determine the agenda of |
---|
675 | 675 | | each meeting of the committee except that a member of the |
---|
676 | 676 | | committee may request an item for the agenda by communicating |
---|
677 | 677 | | with the Chair at least 4 days before the meeting. A majority of a |
---|
678 | 678 | | committee may, by vote, add an item to the agenda of the next |
---|
679 | 679 | | regularly scheduled meeting. |
---|
680 | 680 | | 11. Secretaries to committees shall give notices of hearings |
---|
681 | 681 | | on bills to anyone requesting notices of particular bills. |
---|
682 | 682 | | 12. All committees shall keep minutes of meetings. The |
---|
683 | 683 | | minutes must cover members present and absent, subjects under |
---|
684 | 684 | | discussion, witnesses who appear, committee members’ statements |
---|
685 | 685 | | concerning legislative intent, action taken by the committee, as |
---|
686 | 686 | | well as the vote of individual members on all matters on which a |
---|
687 | 687 | | vote is taken. Upon approval of the Chair, any member may |
---|
688 | 688 | | submit to the secretary additional remarks to be included in the |
---|
689 | 689 | | minutes and records of committee meetings. Upon completion of |
---|
690 | 690 | | the minutes, the Chair will review for approval. At the conclusion |
---|
691 | 691 | | of the legislative session, the Secretary of the Senate shall deliver |
---|
692 | 692 | | all minutes and records of committee meetings in his or her |
---|
693 | 693 | | possession to the Research Library of the Legislative Counsel |
---|
694 | 694 | | Bureau. |
---|
695 | 695 | | 13. In addition to the minutes, the committee secretary shall |
---|
696 | 696 | | maintain a record of all bills, including: |
---|
697 | 697 | | (a) Date bill referred; |
---|
698 | 698 | | (b) Date bill received; |
---|
699 | 699 | | (c) Date set for hearing the bill; |
---|
700 | 700 | | (d) Date or dates bill heard and voted upon; and |
---|
701 | 701 | | (e) Date report prepared. |
---|
702 | 702 | | – 16 – |
---|
703 | 703 | | |
---|
704 | 704 | | |
---|
705 | 705 | | - 82nd Session (2023) |
---|
706 | 706 | | 14. Each committee secretary shall file the minutes of each |
---|
707 | 707 | | meeting with the Secretary of the Senate as soon as practicable |
---|
708 | 708 | | after the meeting. |
---|
709 | 709 | | 15. All committee minutes and any subcommittee minutes |
---|
710 | 710 | | required to be kept pursuant to subsection 6 are open to public |
---|
711 | 711 | | inspection upon request and during normal business hours. The |
---|
712 | 712 | | official record of the committee meeting is the minutes approved |
---|
713 | 713 | | by the Chair. |
---|
714 | 714 | | |
---|
715 | 715 | | Rule No. 54. Review of State Agency Programs. |
---|
716 | 716 | | In addition to or concurrent with committee action taken on |
---|
717 | 717 | | specific bills and resolutions during a regular session of the |
---|
718 | 718 | | Legislature, each standing committee of the Senate is encouraged |
---|
719 | 719 | | to plan and conduct a general review of selected programs of state |
---|
720 | 720 | | agencies or other areas of public interest within the committee’s |
---|
721 | 721 | | jurisdiction. |
---|
722 | 722 | | |
---|
723 | 723 | | The next rule is 60. |
---|
724 | 724 | | |
---|
725 | 725 | | VI. RULES GOVERNING MOTIONS |
---|
726 | 726 | | |
---|
727 | 727 | | A. MOTIONS GENERALLY |
---|
728 | 728 | | |
---|
729 | 729 | | Rule No. 60. Entertaining. |
---|
730 | 730 | | 1. No motion may be debated until it is announced by the |
---|
731 | 731 | | President. |
---|
732 | 732 | | 2. By consent of the Senate, a motion may be withdrawn |
---|
733 | 733 | | before amendment or decision. |
---|
734 | 734 | | |
---|
735 | 735 | | Rule No. 61. Precedence of Motions. |
---|
736 | 736 | | When a proposal is under debate no motion shall be received |
---|
737 | 737 | | but the following, which shall have precedence in the order |
---|
738 | 738 | | named: |
---|
739 | 739 | | 1. To adjourn. |
---|
740 | 740 | | 2. For a call of the Senate. |
---|
741 | 741 | | 3. To recess. |
---|
742 | 742 | | 4. To lay on the table. |
---|
743 | 743 | | 5. For the previous question. |
---|
744 | 744 | | 6. To postpone to a day certain. |
---|
745 | 745 | | 7. To refer to committee. |
---|
746 | 746 | | 8. To amend. |
---|
747 | 747 | | 9. To postpone indefinitely. |
---|
748 | 748 | | – 17 – |
---|
749 | 749 | | |
---|
750 | 750 | | |
---|
751 | 751 | | - 82nd Session (2023) |
---|
752 | 752 | | The first three motions shall be decided without debate, and a |
---|
753 | 753 | | motion to lay on the table without question or debate. |
---|
754 | 754 | | |
---|
755 | 755 | | Rule No. 62. When Not Entertained. |
---|
756 | 756 | | 1. When a motion to postpone indefinitely has been decided, |
---|
757 | 757 | | it must not be again entertained on the same day. |
---|
758 | 758 | | 2. When a proposal has been postponed indefinitely, it must |
---|
759 | 759 | | not again be introduced during the session unless this Rule is |
---|
760 | 760 | | suspended by a majority vote of the Senate. |
---|
761 | 761 | | 3. There must be no reconsideration or recission of a vote on |
---|
762 | 762 | | a motion to postpone indefinitely. |
---|
763 | 763 | | |
---|
764 | 764 | | B. PARTICULAR MOTIONS |
---|
765 | 765 | | |
---|
766 | 766 | | Rule No. 63. To Adjourn. |
---|
767 | 767 | | A motion to adjourn shall always be in order unless a motion to |
---|
768 | 768 | | reconsider a final vote on a bill or resolution or any other action is |
---|
769 | 769 | | pending. The name of the Senator moving to adjourn, and the |
---|
770 | 770 | | time when the motion was made, shall be entered in the Journal. |
---|
771 | 771 | | |
---|
772 | 772 | | Rule No. 64. Lay on the Table. |
---|
773 | 773 | | A motion to lay on or take from the table shall be carried by a |
---|
774 | 774 | | majority vote. |
---|
775 | 775 | | |
---|
776 | 776 | | Rule No. 65. Reserved. |
---|
777 | 777 | | |
---|
778 | 778 | | Rule No. 66. To Strike Enacting Clause. |
---|
779 | 779 | | A motion to strike out the enacting clause of a bill has |
---|
780 | 780 | | precedence over a motion to refer to committee or to amend. If a |
---|
781 | 781 | | motion to strike out the enacting clause of a bill is carried, the bill |
---|
782 | 782 | | is rejected. |
---|
783 | 783 | | |
---|
784 | 784 | | Rule No. 67. Division of Proposal. |
---|
785 | 785 | | 1. Any Senator may call for a division of a proposal. |
---|
786 | 786 | | 2. A proposal must be divided if the Senate determines it |
---|
787 | 787 | | embraces subjects so distinct that if one subject is taken away, a |
---|
788 | 788 | | substantive proposal remains for the decision of the Senate. |
---|
789 | 789 | | 3. A motion to strike out and insert must not be divided. |
---|
790 | 790 | | |
---|
791 | 791 | | Rule No. 68. To Reconsider—Precedence of. |
---|
792 | 792 | | A motion to reconsider has precedence over every other |
---|
793 | 793 | | motion, including a motion to adjourn. A motion to reconsider a |
---|
794 | 794 | | final vote on a bill or resolution or any other action shall be in |
---|
795 | 795 | | – 18 – |
---|
796 | 796 | | |
---|
797 | 797 | | |
---|
798 | 798 | | - 82nd Session (2023) |
---|
799 | 799 | | order only on the day on which the final vote or action is taken |
---|
800 | 800 | | and the vote on such a motion to reconsider must be taken on the |
---|
801 | 801 | | same day. |
---|
802 | 802 | | |
---|
803 | 803 | | Rule No. 69. Explanation of Motion. |
---|
804 | 804 | | Whenever a Senator moves to change the usual disposition of a |
---|
805 | 805 | | bill or resolution, he or she shall describe the subject of the bill or |
---|
806 | 806 | | resolution and state the reasons for requesting the change in the |
---|
807 | 807 | | processing of the bill or resolution. |
---|
808 | 808 | | |
---|
809 | 809 | | The next rule is 80. |
---|
810 | 810 | | |
---|
811 | 811 | | VII. DEBATE |
---|
812 | 812 | | |
---|
813 | 813 | | Rule No. 80. Speaking on Proposal. |
---|
814 | 814 | | 1. Every Senator who speaks shall, in his or her place, |
---|
815 | 815 | | address “Mr. or Madam President,” in a courteous manner, and |
---|
816 | 816 | | shall confine himself or herself to the proposal before the Senate. |
---|
817 | 817 | | 2. No Senator may speak: |
---|
818 | 818 | | (a) More than twice during the consideration of any one |
---|
819 | 819 | | question on the same day, except for explanation. |
---|
820 | 820 | | (b) A second time without leave when others who have not |
---|
821 | 821 | | spoken desire the floor. |
---|
822 | 822 | | 3. Incidental and subsidiary proposals arising during debate |
---|
823 | 823 | | shall not be considered the same proposal. |
---|
824 | 824 | | |
---|
825 | 825 | | Rule No. 81. Previous Question. |
---|
826 | 826 | | The previous question shall not be put unless demanded by |
---|
827 | 827 | | three Senators, and it shall be in this form: “Shall the main |
---|
828 | 828 | | question be put?” When sustained by a majority of Senators |
---|
829 | 829 | | present it shall put an end to all debate and bring the Senate to a |
---|
830 | 830 | | vote on the proposal or proposals before it, and all incidental |
---|
831 | 831 | | proposals arising after the motion was made shall be decided |
---|
832 | 832 | | without debate. A person who is speaking on a proposal shall not |
---|
833 | 833 | | while he or she has the floor move to put that question. |
---|
834 | 834 | | |
---|
835 | 835 | | The next rule is 90. |
---|
836 | 836 | | |
---|
837 | 837 | | |
---|
838 | 838 | | |
---|
839 | 839 | | |
---|
840 | 840 | | |
---|
841 | 841 | | |
---|
842 | 842 | | – 19 – |
---|
843 | 843 | | |
---|
844 | 844 | | |
---|
845 | 845 | | - 82nd Session (2023) |
---|
846 | 846 | | VIII. CONDUCT OF BUSINESS |
---|
847 | 847 | | |
---|
848 | 848 | | A. GENERALLY |
---|
849 | 849 | | |
---|
850 | 850 | | Rule No. 90. Mason’s Manual. |
---|
851 | 851 | | The rules of parliamentary practice contained in Mason’s |
---|
852 | 852 | | Manual of Legislative Procedure shall govern the Senate in all |
---|
853 | 853 | | cases in which they are applicable and in which they are not |
---|
854 | 854 | | inconsistent with the standing rules and orders of the Senate, and |
---|
855 | 855 | | the Joint Standing Rules of the Senate and Assembly. |
---|
856 | 856 | | |
---|
857 | 857 | | Rule No. 91. Suspension of Rule. |
---|
858 | 858 | | No standing rule or order of the Senate shall be rescinded or |
---|
859 | 859 | | changed without a majority vote of the Senate and one day’s |
---|
860 | 860 | | notice of the motion therefor; but a rule or order may be |
---|
861 | 861 | | temporarily suspended for a special purpose by a majority vote of |
---|
862 | 862 | | the members present. When the suspension of a rule is called for, |
---|
863 | 863 | | and after due notice from the President no objection is offered, the |
---|
864 | 864 | | President can announce the rule suspended and the Senate may |
---|
865 | 865 | | proceed accordingly; but this shall not apply to that portion of |
---|
866 | 866 | | Senate Standing Rule No. 109 relating to the third reading of bills, |
---|
867 | 867 | | which cannot be suspended. |
---|
868 | 868 | | |
---|
869 | 869 | | Rule No. 92. Notices of Bills, Topics and Public Hearings. |
---|
870 | 870 | | Adequate notice shall be provided to the Legislators and the |
---|
871 | 871 | | public by posting information relative to the bills, topics and |
---|
872 | 872 | | public hearings which are to come before committees. Notices |
---|
873 | 873 | | shall include the date, time, place and agenda, and shall be posted |
---|
874 | 874 | | conspicuously in the Legislative Building and shall be made |
---|
875 | 875 | | available to the news media. This requirement of notice may be |
---|
876 | 876 | | suspended for an emergency by the affirmative vote of a majority |
---|
877 | 877 | | of the committee members appointed. |
---|
878 | 878 | | |
---|
879 | 879 | | Rule No. 93. Protest. |
---|
880 | 880 | | Any Senator, or Senators, may protest against the action of the |
---|
881 | 881 | | Senate upon any question, and have such protest entered in the |
---|
882 | 882 | | Journal. |
---|
883 | 883 | | |
---|
884 | 884 | | Rule No. 94. Privilege of the Floor. |
---|
885 | 885 | | 1. Except as otherwise provided in subsection 2, to preserve |
---|
886 | 886 | | decorum and facilitate the business of the Senate, only the |
---|
887 | 887 | | following persons may be present on the floor of the Senate during |
---|
888 | 888 | | formal sessions: |
---|
889 | 889 | | – 20 – |
---|
890 | 890 | | |
---|
891 | 891 | | |
---|
892 | 892 | | - 82nd Session (2023) |
---|
893 | 893 | | (a) State officers; |
---|
894 | 894 | | (b) Officers and members of the Senate; |
---|
895 | 895 | | (c) Employees of the Legislative Counsel Bureau; |
---|
896 | 896 | | (d) Staff of the Senate; and |
---|
897 | 897 | | (e) Members of the Assembly whose presence is required for |
---|
898 | 898 | | the transaction of business. |
---|
899 | 899 | | 2. Guests of Senators must be seated in a section of the upper |
---|
900 | 900 | | or lower gallery of the Senate Chamber to be specially designated |
---|
901 | 901 | | by the Sergeant at Arms. The Majority Leader may specify special |
---|
902 | 902 | | occasions when guests may be seated on the floor of the Senate |
---|
903 | 903 | | with a Senator. |
---|
904 | 904 | | 3. A majority of Senators may authorize the President to have |
---|
905 | 905 | | the Senate Chamber cleared of all persons except Senators and |
---|
906 | 906 | | officers of the Senate. |
---|
907 | 907 | | 4. The Senate Chamber may not be used for any business |
---|
908 | 908 | | other than legislative business during a legislative session. |
---|
909 | 909 | | |
---|
910 | 910 | | Rule No. 95. Material Placed on Legislators’ Desks. |
---|
911 | 911 | | 1. Only the Sergeant at Arms and officers and employees of |
---|
912 | 912 | | the Senate may place papers, letters, notes, pamphlets and other |
---|
913 | 913 | | written material upon a Senator’s desk. Such material must |
---|
914 | 914 | | contain the name of the Legislator requesting the placement of the |
---|
915 | 915 | | material on the desk or a designation of the origin of the material. |
---|
916 | 916 | | 2. This Rule does not apply to books containing the legislative |
---|
917 | 917 | | bills and resolutions, the daily histories and daily journals of the |
---|
918 | 918 | | Senate or Assembly, or Legislative Counsel Bureau material. |
---|
919 | 919 | | |
---|
920 | 920 | | Rule No. 96. Reserved. |
---|
921 | 921 | | |
---|
922 | 922 | | Rule No. 97. Petitions. |
---|
923 | 923 | | The contents of any petition shall be briefly stated by the |
---|
924 | 924 | | President or any Senator presenting it. It shall then lie on the table |
---|
925 | 925 | | or be referred, as the President or Senate may direct. |
---|
926 | 926 | | |
---|
927 | 927 | | Rule No. 98. Reserved. |
---|
928 | 928 | | |
---|
929 | 929 | | Rule No. 99. Reserved. |
---|
930 | 930 | | |
---|
931 | 931 | | Rule No. 100. Reserved. |
---|
932 | 932 | | |
---|
933 | 933 | | Rule No. 101. Reserved. |
---|
934 | 934 | | |
---|
935 | 935 | | |
---|
936 | 936 | | – 21 – |
---|
937 | 937 | | |
---|
938 | 938 | | |
---|
939 | 939 | | - 82nd Session (2023) |
---|
940 | 940 | | Rule No. 102. Objection to Reading of Paper. |
---|
941 | 941 | | Where the reading of any paper is called for, and is objected to |
---|
942 | 942 | | by any Senator, it shall be determined by a vote of the Senate, and |
---|
943 | 943 | | without debate. |
---|
944 | 944 | | |
---|
945 | 945 | | Rule No. 103. Questions Relating to Priority of Business. |
---|
946 | 946 | | All questions relating to the priority of business shall be |
---|
947 | 947 | | decided without debate. |
---|
948 | 948 | | |
---|
949 | 949 | | B. BILLS AND RESOLUTIONS |
---|
950 | 950 | | |
---|
951 | 951 | | Rule No. 104. Reserved. |
---|
952 | 952 | | |
---|
953 | 953 | | Rule No. 105. Reserved. |
---|
954 | 954 | | |
---|
955 | 955 | | Rule No. 106. Skeleton Bills. |
---|
956 | 956 | | Skeleton bills may be introduced after the beginning of a |
---|
957 | 957 | | session when, in the opinion of the sponsor and the Legislative |
---|
958 | 958 | | Counsel, the full drafting of the bill would entail extensive |
---|
959 | 959 | | research or be of considerable length. A skeleton bill will be a |
---|
960 | 960 | | presentation of ideas or statements of purpose, sufficient in style |
---|
961 | 961 | | and expression to enable the Legislature and the committee to |
---|
962 | 962 | | which the bill may be referred to consider the substantive merits of |
---|
963 | 963 | | the legislation proposed. |
---|
964 | 964 | | |
---|
965 | 965 | | Rule No. 107. Information Concerning Bills. |
---|
966 | 966 | | 1. Bills introduced may be accompanied by information |
---|
967 | 967 | | relative to witnesses and selected persons of departments and |
---|
968 | 968 | | agencies who should be considered for committee hearings on the |
---|
969 | 969 | | proposed legislation. At the time of or after introduction of a bill, a |
---|
970 | 970 | | list of witnesses who are proponents of the bill together with their |
---|
971 | 971 | | addresses and telephone numbers may be given to the secretary of |
---|
972 | 972 | | the committee to which the bill is referred. This information may |
---|
973 | 973 | | be provided by: |
---|
974 | 974 | | (a) The Senator introducing the bill; |
---|
975 | 975 | | (b) The person requesting a committee introduction of the bill; |
---|
976 | 976 | | or |
---|
977 | 977 | | (c) The Chair of the committee introducing the bill. |
---|
978 | 978 | | 2. The secretary of the committee shall deliver this |
---|
979 | 979 | | information to the Chair of the committee to which the bill is |
---|
980 | 980 | | referred. Members of the committee may suggest additional names |
---|
981 | 981 | | for witnesses. |
---|
982 | 982 | | – 22 – |
---|
983 | 983 | | |
---|
984 | 984 | | |
---|
985 | 985 | | - 82nd Session (2023) |
---|
986 | 986 | | 3. The Legislator may provide an analysis which may |
---|
987 | 987 | | describe the intent, purpose, justification and effects of the bill, or |
---|
988 | 988 | | any of them. |
---|
989 | 989 | | |
---|
990 | 990 | | Rule No. 108. Reserved. |
---|
991 | 991 | | |
---|
992 | 992 | | Rule No. 109. Reading of Bills. |
---|
993 | 993 | | 1. Every bill must receive three readings before its passage, |
---|
994 | 994 | | unless, in case of emergency, this rule is suspended by a two-thirds |
---|
995 | 995 | | vote of the Senate. The reading of a bill is by number, sponsor and |
---|
996 | 996 | | summary. |
---|
997 | 997 | | 2. The first reading of a bill is for information, and if there is |
---|
998 | 998 | | opposition to the bill, the question must be, “Shall this bill be |
---|
999 | 999 | | rejected?” If there is no opposition to the bill, or if the question to |
---|
1000 | 1000 | | reject is defeated, the bill must then take the usual course. |
---|
1001 | 1001 | | 3. No bill may be referred to committee until once read, nor |
---|
1002 | 1002 | | amended until twice read. |
---|
1003 | 1003 | | 4. The third reading of every bill must be by sections. |
---|
1004 | 1004 | | |
---|
1005 | 1005 | | Rule No. 110. Second Reading File—Consent Calendar. |
---|
1006 | 1006 | | 1. All bills reported by committee must be placed on a Second |
---|
1007 | 1007 | | Reading File unless recommended for placement on the Consent |
---|
1008 | 1008 | | Calendar. |
---|
1009 | 1009 | | 2. A committee shall not recommend a bill for placement on |
---|
1010 | 1010 | | the Consent Calendar if: |
---|
1011 | 1011 | | (a) An amendment of the bill is recommended; |
---|
1012 | 1012 | | (b) It contains an appropriation; |
---|
1013 | 1013 | | (c) It requires a two-thirds vote of the Senate; or |
---|
1014 | 1014 | | (d) It is controversial in nature. |
---|
1015 | 1015 | | 3. A bill recommended for placement on the Consent |
---|
1016 | 1016 | | Calendar must be included in the Daily File listed in the Daily |
---|
1017 | 1017 | | History of the Senate at least 1 calendar day before it may be |
---|
1018 | 1018 | | considered. |
---|
1019 | 1019 | | 4. A bill must be removed from the Consent Calendar at the |
---|
1020 | 1020 | | request of any Senator, without question or debate. A bill so |
---|
1021 | 1021 | | removed must be immediately placed on the Second Reading File |
---|
1022 | 1022 | | for consideration in the usual order of business. |
---|
1023 | 1023 | | 5. When the Consent Calendar is called: |
---|
1024 | 1024 | | (a) The bills remaining on the Consent Calendar must be read |
---|
1025 | 1025 | | by number, sponsor and summary, and the vote must be taken on |
---|
1026 | 1026 | | their final passage as a group. |
---|
1027 | 1027 | | – 23 – |
---|
1028 | 1028 | | |
---|
1029 | 1029 | | |
---|
1030 | 1030 | | - 82nd Session (2023) |
---|
1031 | 1031 | | (b) No remarks or questions are in order and the bills |
---|
1032 | 1032 | | remaining on the Consent Calendar must be voted upon without |
---|
1033 | 1033 | | debate. |
---|
1034 | 1034 | | |
---|
1035 | 1035 | | Rule No. 111. Publications. |
---|
1036 | 1036 | | 1. An appropriate number of copies of all bills and |
---|
1037 | 1037 | | resolutions of general interest must be printed for the use of the |
---|
1038 | 1038 | | Senate and Assembly. Such other matter must be printed as may |
---|
1039 | 1039 | | be ordered by the Senate. |
---|
1040 | 1040 | | 2. Bill books will not be prepared for legislators unless they |
---|
1041 | 1041 | | qualify for and request the service. The service, if approved, will |
---|
1042 | 1042 | | be limited to the provision of one full set of bills, journals, |
---|
1043 | 1043 | | histories and indexes for the Senator’s desk in the Senate |
---|
1044 | 1044 | | chamber. Bill books will not be prepared for a Senator for |
---|
1045 | 1045 | | individual committees. |
---|
1046 | 1046 | | 3. A Senator may request the provision of bill book service |
---|
1047 | 1047 | | pursuant to subsection 1 if either: |
---|
1048 | 1048 | | (a) The Senator has served in the Senate for 10 or more years; |
---|
1049 | 1049 | | or |
---|
1050 | 1050 | | (b) A physical or medical condition requires the Senator to use |
---|
1051 | 1051 | | the bill books rather than viewing bills on a laptop computer. |
---|
1052 | 1052 | | 4. A request for bill book service must be made to the |
---|
1053 | 1053 | | Majority Leader of the Senate. If the Majority Leader determines |
---|
1054 | 1054 | | that the Senator qualifies for the service, the Majority Leader shall |
---|
1055 | 1055 | | direct the Legislative Counsel Bureau to provide the service. |
---|
1056 | 1056 | | |
---|
1057 | 1057 | | Rule No. 112. Sponsorship. |
---|
1058 | 1058 | | 1. A Senator may request that his or her name be added as a |
---|
1059 | 1059 | | sponsor of a bill or resolution that is introduced in the Senate if |
---|
1060 | 1060 | | the Senator has submitted to the Secretary of the Senate a |
---|
1061 | 1061 | | statement approving the request signed by the Senator who |
---|
1062 | 1062 | | introduced the bill or resolution, including, without limitation, |
---|
1063 | 1063 | | submission by electronic means. A Senator may make a request to |
---|
1064 | 1064 | | have his or her name added as a sponsor of: |
---|
1065 | 1065 | | (a) A resolution of the Senate, at any time after the resolution |
---|
1066 | 1066 | | is introduced in the Senate and before the resolution is passed by |
---|
1067 | 1067 | | the Senate. |
---|
1068 | 1068 | | (b) A bill or a joint or concurrent resolution: |
---|
1069 | 1069 | | (1) At any time after the bill or resolution is introduced in |
---|
1070 | 1070 | | the Senate and before the bill or resolution is passed out of the |
---|
1071 | 1071 | | Senate to the Assembly; and |
---|
1072 | 1072 | | – 24 – |
---|
1073 | 1073 | | |
---|
1074 | 1074 | | |
---|
1075 | 1075 | | - 82nd Session (2023) |
---|
1076 | 1076 | | (2) At any time after the bill or resolution is returned to the |
---|
1077 | 1077 | | Senate following passage by the Assembly and before the bill or |
---|
1078 | 1078 | | resolution is enrolled. |
---|
1079 | 1079 | | 2. A Senator who is a sponsor of a bill or resolution that is |
---|
1080 | 1080 | | introduced in the Senate may request that his or her name be |
---|
1081 | 1081 | | removed as a sponsor of the bill or resolution. A Senator may |
---|
1082 | 1082 | | make a request to have his or her name removed as a sponsor of: |
---|
1083 | 1083 | | (a) A resolution of the Senate, at any time after the resolution |
---|
1084 | 1084 | | is introduced in the Senate and before the resolution is passed by |
---|
1085 | 1085 | | the Senate. |
---|
1086 | 1086 | | (b) A bill or a joint or concurrent resolution: |
---|
1087 | 1087 | | (1) At any time after the bill or resolution is introduced in |
---|
1088 | 1088 | | the Senate and before the bill or resolution is passed out of the |
---|
1089 | 1089 | | Senate to the Assembly; and |
---|
1090 | 1090 | | (2) At any time after the bill or resolution is returned to the |
---|
1091 | 1091 | | Senate following passage by the Assembly and before the bill or |
---|
1092 | 1092 | | resolution is enrolled. |
---|
1093 | 1093 | | In such case, if the Senator is the only sponsor of the bill or |
---|
1094 | 1094 | | resolution, another Senator may request that his or her name be |
---|
1095 | 1095 | | added to the bill or resolution as a sponsor without receiving the |
---|
1096 | 1096 | | approval from the original sponsor. |
---|
1097 | 1097 | | 3. If a Senator makes a request to have his or her name |
---|
1098 | 1098 | | added or removed as a sponsor of a bill or resolution that was |
---|
1099 | 1099 | | introduced in the Senate, the request must be entered in the |
---|
1100 | 1100 | | Journal. |
---|
1101 | 1101 | | 4. If a Senator who is the only sponsor of a bill or resolution |
---|
1102 | 1102 | | that was introduced in the Senate removes his or her name from |
---|
1103 | 1103 | | the bill or resolution while the bill is in the Senate and no other |
---|
1104 | 1104 | | Senator adds his or her name as the sponsor of the bill or |
---|
1105 | 1105 | | resolution at the time of the request for removal, no further action |
---|
1106 | 1106 | | on the bill or resolution is allowed for that legislative session. |
---|
1107 | 1107 | | 5. Notwithstanding any provision of the Standing Rules of the |
---|
1108 | 1108 | | Senate or the Joint Rules of the Senate and Assembly, if all |
---|
1109 | 1109 | | Senators who are primary sponsors or cosponsors of a bill or |
---|
1110 | 1110 | | resolution remove their names as sponsors of the bill or resolution |
---|
1111 | 1111 | | while the bill or resolution is in the Senate and no other Senator |
---|
1112 | 1112 | | adds his or her name as a sponsor of the bill or resolution, the |
---|
1113 | 1113 | | names of the primary joint sponsor or sponsors and the non- |
---|
1114 | 1114 | | primary joint sponsor or sponsors, if any, must be removed from |
---|
1115 | 1115 | | the bill or resolution without an amendment. |
---|
1116 | 1116 | | |
---|
1117 | 1117 | | |
---|
1118 | 1118 | | |
---|
1119 | 1119 | | – 25 – |
---|
1120 | 1120 | | |
---|
1121 | 1121 | | |
---|
1122 | 1122 | | - 82nd Session (2023) |
---|
1123 | 1123 | | Rule No. 113. Reading of Bills—General File. |
---|
1124 | 1124 | | 1. Upon reading of bills on the Second Reading File, Senate |
---|
1125 | 1125 | | and Assembly bills reported without amendments must be ordered |
---|
1126 | 1126 | | to the General File. Committee amendments reported with bills |
---|
1127 | 1127 | | must be considered upon their second reading and such |
---|
1128 | 1128 | | amendments may be adopted by a majority vote of the members |
---|
1129 | 1129 | | present. Bills so amended must be reprinted, engrossed or |
---|
1130 | 1130 | | reengrossed, and ordered to the General File. The File must be |
---|
1131 | 1131 | | made available to members of the public each day by the |
---|
1132 | 1132 | | Secretary. |
---|
1133 | 1133 | | 2. Any member may move to amend a bill during its reading |
---|
1134 | 1134 | | on the Second Reading File or during its third reading and the |
---|
1135 | 1135 | | motion to amend may be adopted by a majority vote of the |
---|
1136 | 1136 | | members present. Bills so amended on second reading must be |
---|
1137 | 1137 | | treated the same as bills with committee amendments. Any bill so |
---|
1138 | 1138 | | amended upon the General File must be reprinted and engrossed |
---|
1139 | 1139 | | or reengrossed. |
---|
1140 | 1140 | | 3. Committee amendments and all other amendments must be |
---|
1141 | 1141 | | made available to members of the public after the amendments are |
---|
1142 | 1142 | | submitted to the Secretary for processing in order to be considered |
---|
1143 | 1143 | | on the Second Reading File or the General File. |
---|
1144 | 1144 | | 4. An appropriate number of copies of all amended bills must |
---|
1145 | 1145 | | be printed. |
---|
1146 | 1146 | | |
---|
1147 | 1147 | | Rule No. 114. Referral of Bill With Special Instructions. |
---|
1148 | 1148 | | A bill may be referred to committee with special instructions to |
---|
1149 | 1149 | | amend at any time before taking the final vote. |
---|
1150 | 1150 | | |
---|
1151 | 1151 | | Rule No. 115. Reconsideration of Vote on Bill. |
---|
1152 | 1152 | | 1. A vote may be reconsidered on motion of any member. |
---|
1153 | 1153 | | 2. Motions to reconsider a vote upon amendments to any |
---|
1154 | 1154 | | pending proposal and upon a final vote on a bill or resolution may |
---|
1155 | 1155 | | be made and decided at once. |
---|
1156 | 1156 | | |
---|
1157 | 1157 | | Rule No. 116. Vetoed Bills. |
---|
1158 | 1158 | | Bills which have passed the Legislature, and forwarded by |
---|
1159 | 1159 | | letter, to the Senate by the Secretary of State or the Governor and |
---|
1160 | 1160 | | which are accompanied by a message of the Governor’s |
---|
1161 | 1161 | | disapproval, or veto of the same, shall become a special order and, |
---|
1162 | 1162 | | at which time, the said message shall be read, together with the bill |
---|
1163 | 1163 | | or bills so disposed or vetoed; and the message and bill shall be |
---|
1164 | 1164 | | read without interruption, consecutively, one following the other, |
---|
1165 | 1165 | | and not upon separate occasions; and no such bill or message |
---|
1166 | 1166 | | – 26 – |
---|
1167 | 1167 | | |
---|
1168 | 1168 | | |
---|
1169 | 1169 | | - 82nd Session (2023) |
---|
1170 | 1170 | | shall be referred to any committee, or otherwise acted upon, save |
---|
1171 | 1171 | | as provided by rule, custom and law; that is to say, that |
---|
1172 | 1172 | | immediately following such reading the only questions (except as |
---|
1173 | 1173 | | hereinafter stated) which shall be put by the Chair is, “Shall the |
---|
1174 | 1174 | | bill pass, notwithstanding the objections of the Governor?” It shall |
---|
1175 | 1175 | | not be in order, at any time, to vote upon such vetoed bill without |
---|
1176 | 1176 | | the same having first been read; the merits of the bill itself may be |
---|
1177 | 1177 | | debated and the only motions entertained after the Chair has |
---|
1178 | 1178 | | stated the question are a motion for “The previous question,” or a |
---|
1179 | 1179 | | motion for “No further consideration” of the vetoed bill. |
---|
1180 | 1180 | | |
---|
1181 | 1181 | | Rule No. 117. Different Subject Not Admitted as Amendment. |
---|
1182 | 1182 | | No subject different from that under consideration shall be |
---|
1183 | 1183 | | admitted as an amendment; and no bill or resolution shall be |
---|
1184 | 1184 | | amended by incorporating any irrelevant subject matter or by |
---|
1185 | 1185 | | association or annexing any other bill or resolution pending in the |
---|
1186 | 1186 | | Senate, but a substitute may be offered at any time so long as the |
---|
1187 | 1187 | | original is open to amendment. |
---|
1188 | 1188 | | |
---|
1189 | 1189 | | Rule No. 118. Joint Resolutions. |
---|
1190 | 1190 | | 1. Joint resolutions must be used to address Congress, or |
---|
1191 | 1191 | | either House thereof, or the President of the United States, or the |
---|
1192 | 1192 | | heads of any of the national departments, or to propose |
---|
1193 | 1193 | | amendments to the State Constitution. A roll call vote must be |
---|
1194 | 1194 | | taken upon final passage of a joint resolution and entered in the |
---|
1195 | 1195 | | Journal. |
---|
1196 | 1196 | | 2. Upon introduction, the reading of a joint resolution is for |
---|
1197 | 1197 | | informational purposes and referral to committee, unless the joint |
---|
1198 | 1198 | | resolution is rejected or a member moves to immediately consider |
---|
1199 | 1199 | | the joint resolution for final passage. The motion to immediately |
---|
1200 | 1200 | | consider the joint resolution for final passage may be adopted by a |
---|
1201 | 1201 | | majority vote of the Senate. |
---|
1202 | 1202 | | 3. Committee amendments reported with joint resolutions |
---|
1203 | 1203 | | may be adopted by a majority vote of the members present. Joint |
---|
1204 | 1204 | | resolutions so amended must be reprinted, engrossed or |
---|
1205 | 1205 | | reengrossed, and ordered to the Resolution File. |
---|
1206 | 1206 | | 4. Any member may move to amend a joint resolution and the |
---|
1207 | 1207 | | motion to amend may be adopted by a majority vote of the |
---|
1208 | 1208 | | members present. Joint resolutions so amended must be treated |
---|
1209 | 1209 | | the same as joint resolutions with committee amendments. Any |
---|
1210 | 1210 | | joint resolution so amended must be reprinted and engrossed or |
---|
1211 | 1211 | | reengrossed, and ordered to the Resolution File. |
---|
1212 | 1212 | | – 27 – |
---|
1213 | 1213 | | |
---|
1214 | 1214 | | |
---|
1215 | 1215 | | - 82nd Session (2023) |
---|
1216 | 1216 | | 5. Committee amendments and all other amendments must be |
---|
1217 | 1217 | | available to members of the public after the amendments are |
---|
1218 | 1218 | | submitted to the Secretary for processing in order to be considered |
---|
1219 | 1219 | | for the Resolution File. |
---|
1220 | 1220 | | 6. The Secretary shall make the Resolution File available to |
---|
1221 | 1221 | | members of the public each day. |
---|
1222 | 1222 | | 7. A joint resolution proposing an amendment to the State |
---|
1223 | 1223 | | Constitution must be entered in the Journal in its entirety. |
---|
1224 | 1224 | | 8. An appropriate number of copies of all amended joint |
---|
1225 | 1225 | | resolutions must be printed. |
---|
1226 | 1226 | | |
---|
1227 | 1227 | | Rule No. 118.2. Memorial Resolutions. |
---|
1228 | 1228 | | Once the sponsor has moved for the adoption of a memorial |
---|
1229 | 1229 | | resolution, not more than one member from each caucus, and, |
---|
1230 | 1230 | | upon request of a member of the body and the approval of the |
---|
1231 | 1231 | | Majority Leader, one additional member may speak on the |
---|
1232 | 1232 | | resolution. |
---|
1233 | 1233 | | |
---|
1234 | 1234 | | Rule No. 119. Certain Resolutions Treated as Motions. |
---|
1235 | 1235 | | Except as otherwise provided in Senate Standing Rules Nos. |
---|
1236 | 1236 | | 118 and 118.2, resolutions must be treated as motions in all |
---|
1237 | 1237 | | proceedings of the Senate. |
---|
1238 | 1238 | | |
---|
1239 | 1239 | | Rule No. 119.2. Return From the Secretary of State. |
---|
1240 | 1240 | | A Senate resolution may be used to request the return from the |
---|
1241 | 1241 | | Secretary of State of an enrolled Senate resolution for further |
---|
1242 | 1242 | | consideration. |
---|
1243 | 1243 | | |
---|
1244 | 1244 | | C. ORDER OF BUSINESS, SPECIAL ORDERS AND OTHER MATTERS |
---|
1245 | 1245 | | |
---|
1246 | 1246 | | Rule No. 120. Order of Business. |
---|
1247 | 1247 | | 1. Roll Call. |
---|
1248 | 1248 | | 2. Prayer and Pledge of Allegiance to the Flag. |
---|
1249 | 1249 | | 3. Reading and Approval of the Journal. |
---|
1250 | 1250 | | 4. Reports of Committees. |
---|
1251 | 1251 | | 5. Messages from the Governor. |
---|
1252 | 1252 | | 6. Messages from the Assembly. |
---|
1253 | 1253 | | 7. Communications. |
---|
1254 | 1254 | | 8. Waivers and Exemptions. |
---|
1255 | 1255 | | 9. Motions, Resolutions and Notices. |
---|
1256 | 1256 | | 10. Introduction, First Reading and Reference. |
---|
1257 | 1257 | | 11. Consent Calendar. |
---|
1258 | 1258 | | 12. Second Reading and Amendment. |
---|
1259 | 1259 | | – 28 – |
---|
1260 | 1260 | | |
---|
1261 | 1261 | | |
---|
1262 | 1262 | | - 82nd Session (2023) |
---|
1263 | 1263 | | 13. General File and Third Reading. |
---|
1264 | 1264 | | 14. Unfinished Business. |
---|
1265 | 1265 | | 15. Special Orders of the Day. |
---|
1266 | 1266 | | 16. Remarks from the Floor; Introduction of Guests. A |
---|
1267 | 1267 | | Senator may speak under this order of business for a period of not |
---|
1268 | 1268 | | more than 10 minutes. |
---|
1269 | 1269 | | |
---|
1270 | 1270 | | Rule No. 121. Privilege. |
---|
1271 | 1271 | | Any Senator may explain a matter personal to himself or |
---|
1272 | 1272 | | herself by leave of the President, but the Senator shall not discuss |
---|
1273 | 1273 | | any pending proposal in such explanation. |
---|
1274 | 1274 | | |
---|
1275 | 1275 | | Rule No. 122. Reserved. |
---|
1276 | 1276 | | |
---|
1277 | 1277 | | Rule No. 123. Reserved. |
---|
1278 | 1278 | | |
---|
1279 | 1279 | | Rule No. 124. Preference to Speak. |
---|
1280 | 1280 | | When two or more Senators request to speak at the same time |
---|
1281 | 1281 | | the President shall name the one who may first speak—giving |
---|
1282 | 1282 | | preference, when practicable, to the mover or introducer of the |
---|
1283 | 1283 | | subject under consideration. |
---|
1284 | 1284 | | |
---|
1285 | 1285 | | Rule No. 125. Special Order of Business. |
---|
1286 | 1286 | | The President shall call the Senate to order on the arrival of |
---|
1287 | 1287 | | the time fixed for the consideration of a special order, and |
---|
1288 | 1288 | | announce that the special order is before the Senate, which shall |
---|
1289 | 1289 | | be considered, unless it be postponed by a majority vote of the |
---|
1290 | 1290 | | Senate, and any business before the Senate at the time of the |
---|
1291 | 1291 | | announcement of the special order shall go to Unfinished |
---|
1292 | 1292 | | Business. |
---|
1293 | 1293 | | |
---|
1294 | 1294 | | Rule No. 126. Reserved. |
---|
1295 | 1295 | | |
---|
1296 | 1296 | | Rule No. 127. Reserved. |
---|
1297 | 1297 | | |
---|
1298 | 1298 | | Rule No. 128. Seniority Among Senators. |
---|
1299 | 1299 | | 1. The Senate shall determine seniority among the Senators |
---|
1300 | 1300 | | as follows: |
---|
1301 | 1301 | | (a) Credit total continuous service in the Senate first; |
---|
1302 | 1302 | | (b) Credit total noncontinuous service in the Senate second; |
---|
1303 | 1303 | | (c) Credit total continuous service in the Assembly third; and |
---|
1304 | 1304 | | (d) Credit total noncontinuous service in the Assembly fourth. |
---|
1305 | 1305 | | – 29 – |
---|
1306 | 1306 | | |
---|
1307 | 1307 | | |
---|
1308 | 1308 | | - 82nd Session (2023) |
---|
1309 | 1309 | | 2. In every case where there are ties, those ties are broken by |
---|
1310 | 1310 | | alphabetical order. |
---|
1311 | 1311 | | |
---|
1312 | 1312 | | Rule No. 129. Reserved. |
---|
1313 | 1313 | | |
---|
1314 | 1314 | | D. CONTESTS OF ELECTIONS |
---|
1315 | 1315 | | |
---|
1316 | 1316 | | Rule No. 130. Procedure. |
---|
1317 | 1317 | | 1. The Senate shall not dismiss a statement of contest for |
---|
1318 | 1318 | | want of form if any ground of contest is alleged with sufficient |
---|
1319 | 1319 | | certainty to inform the defendant of the charges he or she is |
---|
1320 | 1320 | | required to meet. The following grounds are sufficient, but are not |
---|
1321 | 1321 | | exclusive: |
---|
1322 | 1322 | | (a) That the election board or any member thereof was guilty |
---|
1323 | 1323 | | of malfeasance. |
---|
1324 | 1324 | | (b) That a person who has been declared elected to an office |
---|
1325 | 1325 | | was not at the time of election eligible to that office. |
---|
1326 | 1326 | | (c) That illegal votes were cast and counted for the defendant, |
---|
1327 | 1327 | | which, if taken from the defendant, will reduce the number of |
---|
1328 | 1328 | | legal votes below the number necessary to elect him or her. |
---|
1329 | 1329 | | (d) That the election board, in conducting the election or in |
---|
1330 | 1330 | | canvassing the returns, made errors sufficient to change the result |
---|
1331 | 1331 | | of the election as to any person who has been declared elected. |
---|
1332 | 1332 | | (e) That the defendant has given, or offered to give, to any |
---|
1333 | 1333 | | person a bribe for the purpose of procuring his or her election. |
---|
1334 | 1334 | | (f) That there was a possible malfunction of any voting or |
---|
1335 | 1335 | | counting device. |
---|
1336 | 1336 | | 2. The contest must be submitted so far as may be possible |
---|
1337 | 1337 | | upon depositions or by written or oral arguments as the Senate |
---|
1338 | 1338 | | may order. Any party to a contest may take the deposition of any |
---|
1339 | 1339 | | witness at any time after the statement of contest is filed with the |
---|
1340 | 1340 | | Secretary of State and before the contest is finally decided. At least |
---|
1341 | 1341 | | 5 days’ notice must be given to the prospective deponent and to the |
---|
1342 | 1342 | | other party. If oral statements are made at any hearing before the |
---|
1343 | 1343 | | Senate or a committee thereof which purport to establish matters |
---|
1344 | 1344 | | of fact, they must be made under oath. Strict rules of evidence do |
---|
1345 | 1345 | | not apply. |
---|
1346 | 1346 | | 3. The contestant has the burden of proving that any |
---|
1347 | 1347 | | irregularities shown were of such nature as to establish the |
---|
1348 | 1348 | | probability that the result of the election was changed thereby. |
---|
1349 | 1349 | | After consideration of all the evidence, the Senate shall declare |
---|
1350 | 1350 | | the defendant elected unless the Senate finds from the evidence |
---|
1351 | 1351 | | that a person other than the defendant received the greatest |
---|
1352 | 1352 | | – 30 – |
---|
1353 | 1353 | | |
---|
1354 | 1354 | | |
---|
1355 | 1355 | | - 82nd Session (2023) |
---|
1356 | 1356 | | number of legal votes, in which case the Senate shall declare that |
---|
1357 | 1357 | | person elected. |
---|
1358 | 1358 | | |
---|
1359 | 1359 | | E. REMOTE-TECHNOLOGY SYSTEMS |
---|
1360 | 1360 | | |
---|
1361 | 1361 | | Rule No. 131. Reserved. |
---|
1362 | 1362 | | |
---|
1363 | 1363 | | Rule No. 132. Reserved. |
---|
1364 | 1364 | | |
---|
1365 | 1365 | | Rule No. 133. Reserved. |
---|
1366 | 1366 | | |
---|
1367 | 1367 | | Rule No. 134. Reserved. |
---|
1368 | 1368 | | |
---|
1369 | 1369 | | Rule No. 135. Reserved. |
---|
1370 | 1370 | | |
---|
1371 | 1371 | | Rule No. 136. Authorized Use of Remote-Technology Systems |
---|
1372 | 1372 | | in Exceptional Circumstances. |
---|
1373 | 1373 | | 1. As used in this Rule, “remote-technology system” means |
---|
1374 | 1374 | | any system or other means of communication that is: |
---|
1375 | 1375 | | (a) Approved by the Majority Leader and uses any electronic, |
---|
1376 | 1376 | | digital or other similar technology to enable a member of the |
---|
1377 | 1377 | | Senate from a remote location to attend, participate, vote and take |
---|
1378 | 1378 | | any other action in any proceedings of the Senate or the |
---|
1379 | 1379 | | Committee of the Whole even though the member is not physically |
---|
1380 | 1380 | | present within the Senate Chambers or at a meeting of the |
---|
1381 | 1381 | | Committee of the Whole. |
---|
1382 | 1382 | | (b) Approved by the chair of a committee, other than the |
---|
1383 | 1383 | | Committee of the Whole, and uses any electronic, digital or other |
---|
1384 | 1384 | | similar technology to enable a member of the Senate from a |
---|
1385 | 1385 | | remote location to attend, participate, vote and take any other |
---|
1386 | 1386 | | action in any proceedings of the committee even though the |
---|
1387 | 1387 | | member is not physically present at a meeting of the committee. |
---|
1388 | 1388 | | 2. Upon request by a member of the Senate: |
---|
1389 | 1389 | | (a) Except as otherwise provided in this paragraph, the |
---|
1390 | 1390 | | Majority Leader may authorize the member to use a remote- |
---|
1391 | 1391 | | technology system to attend, participate, vote and take any other |
---|
1392 | 1392 | | action in any proceedings of the Senate or the Committee of the |
---|
1393 | 1393 | | Whole if the Majority Leader determines that exceptional |
---|
1394 | 1394 | | circumstances warrant such use by the member. If the Majority |
---|
1395 | 1395 | | Leader grants such authorization: |
---|
1396 | 1396 | | (1) It must be entered in the Journal of the Senate. |
---|
1397 | 1397 | | (2) A member who uses a remote-technology system to |
---|
1398 | 1398 | | attend or participate in a proceeding of the Senate may not vote on |
---|
1399 | 1399 | | – 31 – |
---|
1400 | 1400 | | |
---|
1401 | 1401 | | |
---|
1402 | 1402 | | - 82nd Session (2023) |
---|
1403 | 1403 | | any matter on which a vote is taken in that proceeding unless the |
---|
1404 | 1404 | | member is using the remote-technology system to attend or |
---|
1405 | 1405 | | participate in the proceeding from a location in this State. |
---|
1406 | 1406 | | (b) The chair of a committee, other than the Committee of the |
---|
1407 | 1407 | | Whole, with the approval of the Majority Leader, may authorize |
---|
1408 | 1408 | | the member to use a remote-technology system to attend, |
---|
1409 | 1409 | | participate, vote and take any other action in any proceedings of |
---|
1410 | 1410 | | the committee if the chair and the Majority Leader determine that |
---|
1411 | 1411 | | exceptional circumstances warrant such use by the member. If the |
---|
1412 | 1412 | | chair grants such authorization, it must be entered in the records |
---|
1413 | 1413 | | of the committee. |
---|
1414 | 1414 | | 3. Except as otherwise provided in subparagraph (2) of |
---|
1415 | 1415 | | paragraph (a) of subsection 2, if a member of the Senate uses a |
---|
1416 | 1416 | | remote-technology system to attend, participate, vote and take any |
---|
1417 | 1417 | | other action in any proceedings pursuant to this Rule, the member |
---|
1418 | 1418 | | shall be deemed to be present and in attendance at the proceedings |
---|
1419 | 1419 | | for all purposes. |
---|
1420 | 1420 | | 4. For the purposes of voting in proceedings of: |
---|
1421 | 1421 | | (a) The Committee of the Whole, the Secretary of the Senate, |
---|
1422 | 1422 | | or an authorized assistant, shall call the roll of each member who |
---|
1423 | 1423 | | is authorized to use a remote-technology system for the |
---|
1424 | 1424 | | proceedings and, in accordance with the procedures of the Senate, |
---|
1425 | 1425 | | cause the member’s vote to be entered into the record for the |
---|
1426 | 1426 | | purposes of the records of the Committee of the Whole. |
---|
1427 | 1427 | | (b) A committee, other than the Committee of the Whole, the |
---|
1428 | 1428 | | committee secretary shall call the roll of each member who is |
---|
1429 | 1429 | | authorized to use a remote-technology system for the proceedings |
---|
1430 | 1430 | | and, in accordance with the procedures of the committee, cause |
---|
1431 | 1431 | | the member’s vote to be entered into the record for the purposes of |
---|
1432 | 1432 | | the records of the committee. |
---|
1433 | 1433 | | 5. Except as otherwise provided in subsection 7 of Senate |
---|
1434 | 1434 | | Standing Rule No. 53, this Rule supersedes, takes precedence and |
---|
1435 | 1435 | | controls over any other rule, provision or principle of law to the |
---|
1436 | 1436 | | extent of any conflict with this Rule. |
---|
1437 | 1437 | | 6. The Senate hereby finds and declares that: |
---|
1438 | 1438 | | (a) The Nevada Constitution invests each House of the |
---|
1439 | 1439 | | Legislature with certain plenary and exclusive constitutional |
---|
1440 | 1440 | | powers which may be exercised only by that House and which |
---|
1441 | 1441 | | cannot be usurped, infringed or impaired by the other House or by |
---|
1442 | 1442 | | any other branch of Nevada’s State Government. (Heller v. |
---|
1443 | 1443 | | Legislature, 120 Nev. 456 (2004); Commission on Ethics v. Hardy, |
---|
1444 | 1444 | | 125 Nev. 285 (2009); Mason’s Manual of Legislative Procedure §§ |
---|
1445 | 1445 | | 2-3 & 560-564 (2010) (Mason’s Manual)) |
---|
1446 | 1446 | | – 32 – |
---|
1447 | 1447 | | |
---|
1448 | 1448 | | |
---|
1449 | 1449 | | - 82nd Session (2023) |
---|
1450 | 1450 | | (b) Section 6 of Article 4 of the Nevada Constitution invests |
---|
1451 | 1451 | | each House with plenary and exclusive constitutional powers to |
---|
1452 | 1452 | | determine the rules of its proceedings and to govern, control and |
---|
1453 | 1453 | | regulate its membership and its internal organization, affairs and |
---|
1454 | 1454 | | management, expressly providing that: “Each House shall judge |
---|
1455 | 1455 | | of the qualifications, elections and returns of its own members, |
---|
1456 | 1456 | | choose its own officers (except the President of the Senate), |
---|
1457 | 1457 | | determine the rules of its proceedings and may punish its members |
---|
1458 | 1458 | | for disorderly conduct, and with the concurrence of two thirds of |
---|
1459 | 1459 | | all the members elected, expel a member.” |
---|
1460 | 1460 | | (c) In addition to its plenary and exclusive constitutional |
---|
1461 | 1461 | | powers, each House possesses certain inherent powers of |
---|
1462 | 1462 | | institutional self-protection and self-preservation to govern, |
---|
1463 | 1463 | | control and regulate its membership and its internal organization, |
---|
1464 | 1464 | | affairs and management. (In re Chapman, 166 U.S. 661, 668 |
---|
1465 | 1465 | | (1897); Mason’s Manual § 2; Luther S. Cushing, Elements of the |
---|
1466 | 1466 | | Law & Practice of Legislative Assemblies § 533 (1856) (Cushing’s |
---|
1467 | 1467 | | Legislative Assemblies)) |
---|
1468 | 1468 | | (d) The inherent powers of each House are considered “so |
---|
1469 | 1469 | | essential to the authority of a legislative assembly, that it cannot |
---|
1470 | 1470 | | well exist without them; and they are consequently entitled to be |
---|
1471 | 1471 | | regarded as belonging to every such assembly as a necessary |
---|
1472 | 1472 | | incident.” (Cushing’s Legislative Assemblies § 533) |
---|
1473 | 1473 | | (e) The inherent powers of each House authorize it to take all |
---|
1474 | 1474 | | necessary and proper institutional actions that are “recognized by |
---|
1475 | 1475 | | the common parliamentary law.” (Cushing’s Legislative |
---|
1476 | 1476 | | Assemblies § 684) |
---|
1477 | 1477 | | (f) Thus, it is well established that each House is “vested with |
---|
1478 | 1478 | | all the powers and privileges which are necessary and incidental to |
---|
1479 | 1479 | | a free and unobstructed exercise of its appropriate functions. |
---|
1480 | 1480 | | These powers and privileges are derived not from the Constitution; |
---|
1481 | 1481 | | on the contrary, they arise from the very creation of a legislative |
---|
1482 | 1482 | | body, and are founded upon the principle of self-preservation.” |
---|
1483 | 1483 | | (Ex parte McCarthy, 29 Cal. 395, 403 (1866)) |
---|
1484 | 1484 | | (g) Under the Nevada Constitution, there are no constitutional |
---|
1485 | 1485 | | provisions establishing a particular method for determining |
---|
1486 | 1486 | | whether a member of either House is present at legislative |
---|
1487 | 1487 | | proceedings. |
---|
1488 | 1488 | | (h) The United States Supreme Court has held that when there |
---|
1489 | 1489 | | are no constitutional provisions establishing a particular method |
---|
1490 | 1490 | | for determining whether a member of a legislative house is present |
---|
1491 | 1491 | | at legislative proceedings, “it is therefore within the competency of |
---|
1492 | 1492 | | the house to prescribe any method which shall be reasonably |
---|
1493 | 1493 | | – 33 – |
---|
1494 | 1494 | | |
---|
1495 | 1495 | | |
---|
1496 | 1496 | | - 82nd Session (2023) |
---|
1497 | 1497 | | certain to ascertain the fact.” (United States v. Ballin, 144 U.S. 1, |
---|
1498 | 1498 | | 6 (1892)) |
---|
1499 | 1499 | | (i) The United States Supreme Court has also held that when a |
---|
1500 | 1500 | | legislative house adopts a rule establishing a reasonable method |
---|
1501 | 1501 | | for determining whether a member is present at legislative |
---|
1502 | 1502 | | proceedings, that rule must be given great deference by the courts |
---|
1503 | 1503 | | because: |
---|
1504 | 1504 | | Neither do the advantages or disadvantages, the wisdom or |
---|
1505 | 1505 | | folly, of such a rule present any matters for judicial |
---|
1506 | 1506 | | consideration. With the courts the question is only one of |
---|
1507 | 1507 | | power. The constitution empowers each house to determine |
---|
1508 | 1508 | | its rules of proceedings. It may not by its rules ignore |
---|
1509 | 1509 | | constitutional restraints or violate fundamental rights, and |
---|
1510 | 1510 | | there should be a reasonable relation between the mode or |
---|
1511 | 1511 | | method of proceeding established by the rule and the result |
---|
1512 | 1512 | | which is sought to be attained. But within these limitations |
---|
1513 | 1513 | | all matters of method are open to the determination of the |
---|
1514 | 1514 | | house, and it is no impeachment of the rule to say that some |
---|
1515 | 1515 | | other way would be better, more accurate, or even more just. |
---|
1516 | 1516 | | It is no objection to the validity of a rule that a different one |
---|
1517 | 1517 | | has been prescribed and in force for a length of time. The |
---|
1518 | 1518 | | power to make rules is not one which once exercised is |
---|
1519 | 1519 | | exhausted. It is a continuous power, always subject to be |
---|
1520 | 1520 | | exercised by the house, and, within the limitations |
---|
1521 | 1521 | | suggested, absolute and beyond the challenge of any other |
---|
1522 | 1522 | | body or tribunal. |
---|
1523 | 1523 | | |
---|
1524 | 1524 | | (United States v. Ballin, 144 U.S. 1, 5 (1892)) |
---|
1525 | 1525 | | 7. The Senate hereby exercises its constitutional and inherent |
---|
1526 | 1526 | | powers and privileges and adopts this Rule to: |
---|
1527 | 1527 | | (a) Govern, control and regulate its membership and its |
---|
1528 | 1528 | | internal organization, affairs and management; |
---|
1529 | 1529 | | (b) Ensure its institutional self-protection and self- |
---|
1530 | 1530 | | preservation; and |
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1531 | 1531 | | (c) Establish a reasonable method for determining whether a |
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1532 | 1532 | | member of the Senate is present at legislative proceedings during |
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1533 | 1533 | | exceptional circumstances. |
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1534 | 1534 | | |
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1535 | 1535 | | The next rule is 140. |
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1536 | 1536 | | |
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1537 | 1537 | | |
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1538 | 1538 | | – 34 – |
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1539 | 1539 | | |
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1540 | 1540 | | |
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1541 | 1541 | | - 82nd Session (2023) |
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1542 | 1542 | | IX. LEGISLATIVE INVESTIGATIONS |
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1543 | 1543 | | |
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1544 | 1544 | | Rule No. 140. Compensation of Witnesses. |
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1545 | 1545 | | Witnesses summoned to appear before the Senate, or any of its |
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1546 | 1546 | | committees, shall be compensated as provided by law for witnesses |
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1547 | 1547 | | required to attend in the courts of the State of Nevada. |
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1548 | 1548 | | |
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1549 | 1549 | | And be it further |
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1550 | 1550 | | RESOLVED, That this resolution becomes effective upon |
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1551 | 1551 | | adoption. |
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1552 | 1552 | | |
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1553 | 1553 | | 20 ~~~~~ 23 |
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1554 | 1554 | | |
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1555 | 1555 | | |
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1556 | 1556 | | |
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1557 | 1557 | | |
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1558 | 1558 | | |
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