- 82nd Session (2023)
Senate Resolution No. 1–Senators Cannizzaro
and Seevers Gansert
FILE NUMBER..........
SENATE RESOLUTION —Adopting the Standing Rules of the
Senate for the 82nd Session of the Legislature.
RESOLVED BY THE SENATE OF THE STATE OF NEVADA, That the
Senate Standing Rules are hereby adopted for the 82nd Session of
the Legislature as follows:
I. OFFICERS AND EMPLOYEES
DUTIES OF OFFICERS
Rule No. 1. President.
The President shall take the chair and call the Senate to order
precisely at the hour appointed for meeting, and if a quorum is
present shall cause the Journal of the preceding day to be read.
The President shall preserve order and decorum, and in case of
any disturbance or disorderly conduct within the Senate Chamber,
shall order the Sergeant at Arms to suppress it, and may order the
arrest of any person creating any disturbance within the Senate
Chamber. The President may speak to points of order in
preference to members, rising from the President’s seat for that
purpose, and shall decide questions of order without debate,
subject to an appeal to the Senate by two members, on which
appeal no member may speak more than once without leave of the
Senate. The President shall sign all acts, addresses and joint
resolutions, and all writs, warrants and subpoenas issued by order
of the Senate; all of which must be attested by the Secretary. The
President has general direction of the Senate Chamber.
Rule No. 2. President pro Tempore and Other Presiding
Officers.
1. Except as otherwise provided in subsection 2:
(a) The President pro Tempore has all the power and shall
discharge all the duties of the President during his or her absence
or inability to discharge the duties of his or her office.
(b) If the President is unwilling to discharge the duties of his
or her office, the Senate may, by majority vote of the Senate, call
upon the President pro Tempore to serve as the President. Upon
such call, the President pro Tempore has all the power and shall
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discharge all the duties of the President during his or her
unwillingness to discharge the duties of his or her office.
(c) In the absence or inability of the President pro Tempore to
discharge the duties of the President’s office, the Chair of the
Standing Committee on Legislative Operations and Elections shall
serve as the presiding officer. In the absence or inability of the
Chair, the Vice Chair of the Standing Committee on Legislative
Operations and Elections shall serve as the presiding officer. In
the absence or inability of the Vice Chair of the Standing
Committee on Legislative Operations and Elections, the Senate
shall elect one of its members to serve as the presiding officer. A
member who is serving as the presiding officer has all the power
and shall discharge all the duties of the President until the
absence or inability which resulted in the member serving as the
presiding officer has ended.
2. When the President pro Tempore or another member is
serving as the presiding officer, the President pro Tempore or
other member may vote on any question for which he or she is
otherwise qualified to vote as a member. If the Senate is equally
divided on the question, the President pro Tempore or other
member may not give an additional deciding vote or casting vote
pursuant to Senate Standing Rule No. 31 or Section 17 of Article 5
of the Nevada Constitution.
Rule No. 3. Secretary.
1. The Secretary of the Senate is elected by the Senate, and
shall:
(a) Recruit, interview, select, train and supervise all staff
employed to assist with the work of the Senate.
(b) See that these employees perform their respective duties.
(c) Administer the daily business of the Senate, including the
provision of staff to its committees.
(d) Adopt such administrative policies as the Secretary deems
necessary to carry out the business of the Senate.
(e) Unless otherwise ordered by the Senate, transmit at the end
of each working day those bills and resolutions upon which the
next action is to be taken by the Assembly.
2. The Secretary is responsible to the Majority Leader.
3. The President and the Secretary are authorized to make
any necessary corrections and additions to the final Journal, Daily
History and committee minutes of the Senate.
4. In the absence of the Secretary and subject to the
discretion of the Majority Leader, the Assistant Secretary shall
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attest all writs, warrants and subpoenas issued by order of the
Senate and certify as to the passage of bills and resolutions; and in
the absence of both officers, the Majority Leader shall designate a
signatory.
Rule No. 4. Sergeant at Arms.
The Sergeant at Arms shall:
1. Attend the Senate during its sittings, and execute its
commands and all process issued by its authority.
2. Keep the secrets of the Senate.
3. Superintend the upkeep of the Senate’s Chamber, private
lounge and meeting rooms for committees.
Rule No. 5. Deputy Sergeant at Arms and Assistant Sergeants
at Arms.
The Deputy Sergeant at Arms and Assistant Sergeants at Arms
shall serve as doorkeepers and shall preserve order in the Senate
Chamber and shall assist the Sergeant at Arms. The Deputy
Sergeant at Arms and Assistant Sergeants at Arms shall keep the
secrets of the Senate. In the event that the Sergeant at Arms is
incapacitated or absent for any reason, the Deputy Sergeant at
Arms shall serve as the Sergeant at Arms until the incapacity or
absence has ended.
Rule No. 6. Continuation of Leadership and Standing Rules of
the Senate During the Interim Between Regular Sessions.
1. Except as otherwise provided in subsections 2, 3 and 4, the
tenure of the President pro Tempore, Majority Leader and
Minority Leader extends during the interim between regular
sessions of the Legislature.
2. The President pro Tempore, Majority Leader and Minority
Leader for the next succeeding regular session shall perform any
duty that is required of that officer by the Standing Rules of
the Senate and the Nevada Revised Statutes in the period between
the time of their designation after the general election and the
organization of the next succeeding regular session.
3. The Majority Leader and Minority Leader for the next
succeeding regular session shall appoint the regular and alternate
members to the Committee on Ethics as set forth in Senate
Standing Rule No. 23.
4. The Majority Leader shall:
(a) Determine the start time of the Senate’s organizational
session.
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(b) Refer prefiled bills and resolutions to committee, subject to
ratification by a majority vote of the members of the Senate once
the Senate is organized and ready for business.
(c) Appoint committees during the interim between regular
sessions of the Legislature for any proper purpose, including,
without limitation, taking testimony, compelling the attendance of
witnesses, punishing persons or entities for contempt and
reporting findings to the next session of the Legislature.
5. The Standing Rules of the Senate set forth herein shall
remain in full force and effect throughout the interim between
regular sessions of the Legislature and until new Standing Rules
of the Senate are adopted as part of the organization of a newly-
constituted Senate at the commencement of a session, unless a
conflict exists with a rule adopted by the Senate for a special
session occurring between regular sessions.
The next rule is 10.
II. SESSIONS AND MEETINGS
Rule No. 10. Time of Meeting.
1. Except as otherwise provided in subsection 2, the President
shall call the Senate to order each day of sitting at 11:00 o’clock
a.m., unless the Senate has adjourned to some other hour.
2. In the event an emergency occurs during a regular or
special session of the Legislature which requires a meeting of the
Senate, the Majority Leader shall call the members back to order
before the hour to which the Senate has adjourned.
Rule No. 11. Call of Senate—Moved by Three Members.
A Call of the Senate may be moved by three Senators, and if
carried by a majority of all present, the Secretary shall call the roll
and note the absentees, after which the names of the absentees
shall again be called over. The doors shall then be closed and the
Sergeant at Arms directed to take into custody all who may be
absent without leave, and all Senators so taken into custody shall
be presented at the bar of the Senate for such action as to the
Senate may seem proper.
Rule No. 12. Absence—Leave Required.
No Senator shall absent himself or herself from the service of
the Senate without leave, except in case of accident or sickness,
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and if any Senator or officer shall so absent himself or herself, the
per diem of the Senator shall not be allowed to him or her.
Rule No. 13. Open Meetings.
1. Except as provided in the Constitution of the State of
Nevada and in subsection 2, all meetings of the Senate and its
committees must be open to the public.
2. A Senate committee meeting may be closed to consider the
character, alleged misconduct, professional competence, or
physical or mental health of a person.
The next rule is 20.
III. DECORUM AND DEB ATE
Rule No. 20. Points of Order.
1. If any Senator, in speaking or otherwise, transgresses the
rules of the Senate, the President shall, or any Senator may, call
him or her to order. If a Senator is so called to order, he or she
shall not proceed without leave of the Senate. If such leave is
granted, it must be upon the motion, “That he or she be allowed to
proceed in order,” and the Senator shall confine himself or herself
to the proposal under consideration and avoid personality.
2. Every ruling on points of order made by the President is
subject to appeal, and a discussion of a question of order may be
allowed only upon the appeal of two Senators. In all cases of
appeal, the question must be, “Shall the ruling of the Chair stand
as the judgment of the Senate?”
Rule No. 21. Breaches of Decorum.
1. In cases of breaches of decorum or propriety, any Senator,
officer or other person is liable to such censure or punishment as
the Senate may deem proper.
2. If any Senator is called to order for offensive or indecorous
language or conduct, the person calling the Senator to order shall
report the offensive or indecorous language or conduct to the
presiding officer. No member may be held to answer for any
language used on the floor of the Senate if business has
intervened before exception to the language was taken.
3. Indecorous conduct or boisterous or unbecoming language
is not permitted in the Senate Chamber.
Rule No. 22. Reserved.
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Rule No. 23. Committee on Ethics; Legislative Ethics.
1. The Committee on Ethics consists of:
(a) Two members of the Senate appointed by the Majority
Leader from the majority political party;
(b) One member of the Senate appointed by the Minority
Leader from the minority political party; and
(c) Three qualified electors of the State, two of whom are
appointed by the Majority Leader and one who is appointed by the
Minority Leader, and none of whom is a present member of the
Legislature or employed by the State of Nevada.
Not more than four members of the Committee may be
members of the same political party.
2. The Majority Leader shall appoint the Chair and Vice
Chair of the Committee. The Vice Chair shall serve as the acting
Chair if the Chair is unable to serve for any reason during the
consideration of a specific proposal.
3. The Majority Leader shall appoint an alternate member
with the qualifications set forth in paragraph (a) of subsection 1
and an alternate member with the qualifications set forth in
paragraph (c) of subsection 1. The Minority Leader shall appoint
an alternate member with the qualifications set forth in paragraph
(b) of subsection 1 and an alternate member with the
qualifications set forth in paragraph (c) of subsection 1. If a
member of the Committee is unable to serve for any reason during
the consideration of a specific proposal, the alternate appointed
with the qualifications from the same paragraph in subsection 1
shall serve as a member of the Committee during the
consideration of the specific proposal.
4. A member of the Committee is disqualified to serve during
the consideration of a specific proposal if:
(a) The member is the requester of advice concerning the
question of ethics or conflict of interest, or the member is the
subject of the complaint concerning the specific question; or
(b) A reasonable person in the member’s situation could not
exercise independent judgment on the matter in question.
5. The members of the Committee shall perform any duty
required in the period between the time of their appointment after
the general election and the organization of the next succeeding
regular session, or until the Majority Leader or the Minority
Leader appoint new members to the Committee, whichever occurs
first.
6. The tenure of the members of the Committee shall extend
during the interim between regular sessions of the Legislature.
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7. The Committee:
(a) May hear requests brought by Senators for advice on
specific questions of potential breaches of ethics and conflicts of
interest; and
(b) Shall hear complaints brought by Senators and others on
specific questions of alleged breaches of ethics and conflicts of
interest, including, without limitation, alleged breaches of the
Legislative Code of Ethical Standards in the Joint Standing Rules.
8. All proceedings held by the Committee to consider the
character, alleged misconduct, professional competence or
physical or mental health of any person on matters of ethics or
conflicts of interest and all materials related to those proceedings
are confidential, unless the person who is the subject of the
proceedings requests a public hearing or discloses the content of
the proceedings or materials.
9. An individual may file a complaint which alleges a breach
of ethics or a conflict of interest, including, without limitation, an
alleged breach of the Legislative Code of Ethical Standards in the
Joint Standing Rules. If the alleged breach of ethics or conflict of
interest involves the conduct of more than one person, separate
complaints must be filed regarding each person. A complaint must
be:
(a) Made in writing on a form provided by the Legislative
Counsel;
(b) Signed and verified under penalty of perjury by the
individual making the allegation; and
(c) Filed with the Legislative Counsel who shall review the
complaint and any other relevant information and consult with
the Chair of the Committee or, if the Chair is the subject of the
complaint, with the Vice Chair, to evaluate whether the Committee
has jurisdiction and whether an investigation is warranted in the
matter. If it is determined that the Committee:
(1) Does not have jurisdiction or that an investigation is not
warranted in the matter, the Legislative Counsel shall send written
notice of the determination to the individual who filed the
complaint.
(2) Has jurisdiction and an investigation is warranted in
the matter, the Legislative Counsel shall send written notice of the
determination and a copy of the complaint to the person who is the
subject of the complaint.
10. Each Legislator is subject, at all times, to the Legislative
Code of Ethical Standards in the Joint Standing Rules and, in
addition, must determine whether he or she has a conflict of
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interest upon any matter in question before the Legislator. In
determining whether the Legislator has such a conflict of interest,
the Legislator should consider whether the independence of
judgment of a reasonable person in his or her situation upon the
matter in question would be materially affected by the
Legislator’s:
(a) Acceptance of a gift or loan;
(b) Private economic interest; or
(c) Commitment to a member of his or her household or
immediate family.
In interpreting and applying the provisions of this subsection, it
must be presumed that the independence of judgment of a
reasonable person in the Legislator’s situation would not be
materially affected by the Legislator’s private economic interest or
the Legislator’s commitment to a member of his or her household
or immediate family where the resulting benefit or detriment
accruing to the Legislator, or if the Legislator has a commitment
to a member of his or her household or immediate family,
accruing to those other persons, is not greater than that accruing
to any other member of the general business, profession,
occupation or group that is affected by the matter.
11. Except as otherwise provided in subsection 12, if a
Legislator knows he or she has a conflict of interest pursuant to
subsection 10, the Legislator shall make a disclosure of the
conflict of interest on the record in a meeting of a committee or on
the floor of the Senate, as applicable. Such a disclosure must be
entered:
(a) If the Legislator makes the disclosure in a meeting of a
committee, in the minutes for that meeting.
(b) If the Legislator makes the disclosure on the floor of the
Senate, in the Journal.
12. If, on one or more prior occasions during the current
session of the Legislature, a Legislator has made a general
disclosure of a conflict of interest on the record in a meeting of a
committee or on the floor of the Senate, the Legislator is not
required to make that general disclosure at length again regarding
the same conflict of interest if, when the matter in question arises
on subsequent occasions, the Legislator makes a reference on the
record to the previous disclosure.
13. In determining whether to abstain from voting upon,
advocating or opposing a matter concerning which a Legislator
has a conflict of interest pursuant to subsection 10, the Legislator
should consider whether:
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(a) The conflict impedes his or her independence of judgment;
and
(b) His or her interest is greater than the interests of an entire
class of persons similarly situated.
14. The provisions of this Rule do not under any
circumstances and regardless of any conflict of interest:
(a) Prohibit a Legislator from requesting or introducing a
legislative measure; or
(b) Require a Legislator to take any particular action before or
while requesting or introducing a legislative measure.
15. If a Legislator who is a member of a committee declares
on the record when a vote is to be taken by the committee that he
or she will abstain from voting because of the requirements of this
Rule, the necessary quorum to act upon and the number of votes
necessary to act upon the matter is reduced as though the
Legislator abstaining were not a member of the committee.
16. The standards and procedures set forth in this Rule which
govern whether and to what extent a Senator has a conflict of
interest, should disclose a conflict of interest or should abstain
from voting upon, advocating or opposing a matter concerning
which the Senator has a conflict of interest pursuant to
subsection 10:
(a) Are exclusive and are the only standards and procedures
that apply to Senators with regard to such matters; and
(b) Supersede and preempt all other standards and procedures
with regard to such matters,
except that this subsection does not exempt any Senators from
the Legislative Code of Ethical Standards in the Joint Standing
Rules.
17. For purposes of this Rule, “immediate family” means a
person who is related to the Legislator by blood, adoption or
marriage within the first degree of consanguinity or affinity.
The next rule is 30.
IV. QUORUM, VOTING, ELECTIONS
Rule No. 30. Recorded Vote—Three Required to Call For.
1. A recorded vote must be taken upon final passage of a bill
or joint resolution, and in any other case when called for by three
members. Every Senator within the bar of the Senate shall vote
“yea” or “nay” or record himself or herself as “not voting,” unless
excused by unanimous vote of the Senate. A Senator who records
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himself or herself as “not voting” must make a full and complete
disclosure of a conflict of interest pursuant to Senate Standing
Rule No. 23.
2. The votes and names of those absent or recorded as “not
voting” and the names of Senators demanding the recorded vote
must be entered in the Journal.
Rule No. 31. President to Decide—Tie Vote.
A question is lost by a tie vote, but when the Senate is equally
divided on any question except the passage of a bill or joint
resolution, the President may give the deciding vote.
Rule No. 32. Manner of Election—Voting.
1. In all cases of election by the Senate, the vote must be
taken viva voce. In other cases, if a vote is to be recorded, it may
be taken by oral roll-call or by electronic recording.
2. When a recorded vote is taken, no Senator may:
(a) Vote except when at his or her seat;
(b) Explain his or her vote or discuss the question while the
voting is in progress; or
(c) Change his or her vote after the result is announced.
3. The announcement of the result of any vote must not be
postponed.
The next rule is 40.
V. LEGISLATIVE BODIES
Rule No. 40. Standing and Select Committees.
1. Except as otherwise provided in Senate Standing Rule No.
23, the Majority Leader shall appoint all standing and select
committees and shall determine the majority-minority party
composition of all standing and select committees. Appointments
to committees shall be made by the Majority Leader for the
majority party members and by the Minority Leader for the
minority party members. The Majority Leader shall designate
the Chair and Vice Chair of all standing and select committees.
2. The Majority Leader shall refer prefiled bills and
resolutions to committee, subject to ratification by a majority vote
of the Senate once the Senate is organized and ready for business.
3. Except as otherwise provided in subsection 4, the standing
and select committees of the Senate and their respective
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jurisdiction for the reference of bills and resolutions are as
follows:
(a) Commerce and Labor, eight members, with jurisdiction
over measures affecting primarily titles 52-55 of NRS, and
chapters 97-100, 118-119, 119B, 461, 461A, 489, 678A, 678B,
678D, 679A-693A, 694A-697, 711 and 712 of NRS, except
measures affecting primarily state and local revenue.
(b) Education, seven members, with jurisdiction over measures
affecting primarily chapters 353B, 378-380A, 385-386 and 388-
399 of NRS, except measures affecting primarily state and local
revenue.
(c) Finance, eight members, with jurisdiction over measures
affecting primarily chapters 1A, 387 and 400 of NRS,
appropriations, operating and capital budgets, state and federal
budget issues and bonding, except measures affecting primarily
state and local revenue, and over any measures carrying or
requiring appropriations and favorably reported by any other
committee.
(d) Government Affairs, five members, with jurisdiction over
measures affecting primarily titles 20, 21, 25, 27, 28, 30, 36 and 37
of NRS, and chapters 223-228, 232-233I, 234-237, 238-242, 271,
277-280, 286-289, 353, 353A, 353C-358, 381, 384, 472, 474, 477,
693B, 709, 710 and 720 of NRS, except measures affecting
primarily the provisions of the Nevada Administrative Procedure
Act that govern the adjudication of contested cases, the Tahoe
Regional Planning Compact and the Tahoe Regional Planning
Agency, state and local revenue and state and federal budget
issues.
(e) Growth and Infrastructure, five members, with jurisdiction
over measures affecting primarily title 44 of NRS, and chapters
403-405, 408, 410, 459A, 476, 480-487, 490 and 701-708 of NRS,
except measures affecting primarily state and local revenue.
(f) Health and Human Services, five members, with
jurisdiction over measures affecting primarily titles 38 and 39 of
NRS, chapters 439-442 of NRS, NRS 444.002-444.430 and
chapters 446-453C, 454-458A, 460, 583-585 and 678C of NRS,
except measures affecting primarily state and local revenue.
(g) Judiciary, eight members, with jurisdiction over measures
affecting primarily the provisions of the Nevada Administrative
Procedure Act that govern the adjudication of contested cases,
titles 2-7, 9, 11-16 and 41 of NRS, and chapters 1, 2-7, 101-104A,
111-117, 119A, 120, 120A, 475, 719, 721 and 722 of NRS, except
measures affecting primarily state and local revenue.
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(h) Legislative Operations and Elections, five members, with
jurisdiction over measures affecting primarily titles 17, 24 and 29
of NRS, chapters 281-285 of NRS, and the operation of the
legislative session, except measures affecting primarily state and
local revenue.
(i) Natural Resources, five members, with jurisdiction over
measures affecting primarily titles 26 and 45-50 of NRS, chapters
383, 407 and 407A of NRS, NRS 444.435-444.650, chapters 444A-
445D, 459, 488, 581, 582 and 586-590 of NRS, and the Tahoe
Regional Planning Compact and the Tahoe Regional Planning
Agency, except measures affecting primarily state and local
revenue.
(j) Revenue and Economic Development, five members, with
jurisdiction over measures affecting primarily title 32 of NRS,
chapters 231, 231A, 237A, 271A-274 and 453D of NRS, and state
and local revenue.
4. The Chair of the Standing Committee on Finance may
assign any portion of a proposed executive budget to any of the
other standing or select committees of the Senate for review. Upon
receiving such an assignment the standing or select committee
shall complete its review expeditiously and report its findings and
any recommendations to the Standing Committee on Finance for
its independent evaluation.
Rule No. 41. Appointment of Alternates.
If the Chair or any member of a committee is temporarily
unable to perform his or her duties, the Majority Leader shall
appoint an alternate of the same political party to serve in the
Chair’s or the member’s place for such time as is determined by
the Majority Leader.
Rule No. 42. Committee Expenses.
No committee shall employ assistance or incur any expense,
except by permission of the Majority Leader previously obtained.
Rule No. 43. Duties of Committees.
The several committees shall acquaint themselves with the
interests of the State specially represented by the committee and
shall present such bills and reports as in their judgment will
advance the interests and promote the welfare of the people of the
State.
Rule No. 44. Reserved.
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Rule No. 45. Reserved.
Rule No. 46. Forming Committee of the Whole.
In forming the Committee of the Whole, the Senator who has
so moved shall name a Chair to preside. All amendments proposed
by the Committee shall be reported by the Chair to the Senate.
Rule No. 47. Rules Applicable to Committee of the Whole.
The Rules of the Senate shall apply to proceedings in
Committee of the Whole, except that the previous question shall
not be ordered, nor the yeas and nays demanded, but the
Committee may limit the number of times that any member may
speak, at any stage of proceedings, during its sitting. Messages
may be received by the President while the Committee is sitting; in
which case the President shall resume the chair and receive the
message. After receiving the message, the President shall vacate
the chair in favor of the Chair of the Committee.
Rule No. 48. Motion to Rise Committee of the Whole.
A motion that the Committee rise shall always be in order, and
shall be decided without debate.
Rule No. 49. Reference to Committee.
When a motion is made to refer any subject, and different
committees are proposed, the subject may be referred to the
committee with jurisdiction over the subject as set forth in Senate
Standing Rule No. 40, or to a different committee, upon a majority
vote of the members present.
Rule No. 50. Return From Committee.
1. Any bill or other matter referred to a committee of the
Senate must not be withdrawn or ordered taken from the
committee for consideration by the Senate, for re-referral, or for
any other reason without a majority vote of the Senate, and at
least one day’s notice of the motion therefor.
2. No such motion is in order:
(a) If the bill to be withdrawn or ordered taken from the
committee may no longer be considered by the Senate; or
(b) On the last day of the session, or on the day preceding the
last day of the session.
3. This Rule does not take from any committee the rights and
duties of committees provided for in Senate Standing Rule No. 43.
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Rule No. 51. Reserved.
Rule No. 52. Reserved.
Rule No. 53. Committee Rules.
1. The rules of the Senate, as far as applicable, are the rules
of committees of the Senate. Procedure in committees, where not
otherwise provided in this Rule, must follow the procedure of the
Senate. For matters not included in the rules of the Senate or
these rules, Mason’s Manual of Legislative Procedure must be
followed.
2. A majority of any committee constitutes a quorum for the
transaction of business.
3. A meeting of a committee may not be opened without a
quorum present.
4. In addition to regularly scheduled meetings of a committee
or those called by the Chair of the committee, meetings may be set
by a written petition of a majority of the committee and filed with
the Chair of the committee.
5. A bill may be passed from a committee only by a majority
of the committee membership. A simple majority of those present
and voting is sufficient to adopt committee amendments.
6. Subcommittees may be appointed by the Chair of a
committee to consider subjects specified by the Chair and shall
report back to the committee. If a member of a subcommittee is
not a member of the standing or select committee for which the
subcommittee is created, the approval of the Majority Leader is
required for that member’s appointment. If a subcommittee is so
appointed, the Chair of the committee shall determine whether the
subcommittee shall keep minutes of its meetings. Any minutes
required to be kept pursuant to this subsection must comply with
the provisions of subsection 12.
7. A committee shall act only when together, and all votes
must be taken in the presence of the committee. A member shall
not be recorded as voting unless the member was actually present
in the committee at the time of the vote. The Chair of the
committee must be present when the committee votes to take any
final actions on bills or resolutions, but the Chair is not required
to vote. In addition to the use of remote-technology systems
pursuant to Senate Standing Rule No. 136, upon approval of the
Majority Leader, a committee may meet together by video
conference or other appropriate remote-technology systems. A
member who is actually present in the committee at a posted video
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conference or other remote location is present and in attendance
at the meeting for all purposes. A member who is participating in
a committee meeting with all committee members participating
through the use of a remote-technology system pursuant to the
direction of the Majority Leader shall participate in the committee
meeting from a location other than a committee meeting room.
The provisions of this subsection do not prohibit the prefiling of
legislative bills and resolutions on behalf of a committee in the
manner prescribed by the Legislative Commission.
8. All committee and subcommittee meetings are open to the
public, except as otherwise provided in Senate Standing
Rule No. 13.
9. Before a Chair of a committee reports a bill or resolution
to the Senate, the committee may reconsider its action. A motion to
reconsider must be made by any member who voted on the action.
10. The Chair of a committee shall determine the agenda of
each meeting of the committee except that a member of the
committee may request an item for the agenda by communicating
with the Chair at least 4 days before the meeting. A majority of a
committee may, by vote, add an item to the agenda of the next
regularly scheduled meeting.
11. Secretaries to committees shall give notices of hearings
on bills to anyone requesting notices of particular bills.
12. All committees shall keep minutes of meetings. The
minutes must cover members present and absent, subjects under
discussion, witnesses who appear, committee members’ statements
concerning legislative intent, action taken by the committee, as
well as the vote of individual members on all matters on which a
vote is taken. Upon approval of the Chair, any member may
submit to the secretary additional remarks to be included in the
minutes and records of committee meetings. Upon completion of
the minutes, the Chair will review for approval. At the conclusion
of the legislative session, the Secretary of the Senate shall deliver
all minutes and records of committee meetings in his or her
possession to the Research Library of the Legislative Counsel
Bureau.
13. In addition to the minutes, the committee secretary shall
maintain a record of all bills, including:
(a) Date bill referred;
(b) Date bill received;
(c) Date set for hearing the bill;
(d) Date or dates bill heard and voted upon; and
(e) Date report prepared.
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14. Each committee secretary shall file the minutes of each
meeting with the Secretary of the Senate as soon as practicable
after the meeting.
15. All committee minutes and any subcommittee minutes
required to be kept pursuant to subsection 6 are open to public
inspection upon request and during normal business hours. The
official record of the committee meeting is the minutes approved
by the Chair.
Rule No. 54. Review of State Agency Programs.
In addition to or concurrent with committee action taken on
specific bills and resolutions during a regular session of the
Legislature, each standing committee of the Senate is encouraged
to plan and conduct a general review of selected programs of state
agencies or other areas of public interest within the committee’s
jurisdiction.
The next rule is 60.
VI. RULES GOVERNING MOTIONS
A. MOTIONS GENERALLY
Rule No. 60. Entertaining.
1. No motion may be debated until it is announced by the
President.
2. By consent of the Senate, a motion may be withdrawn
before amendment or decision.
Rule No. 61. Precedence of Motions.
When a proposal is under debate no motion shall be received
but the following, which shall have precedence in the order
named:
1. To adjourn.
2. For a call of the Senate.
3. To recess.
4. To lay on the table.
5. For the previous question.
6. To postpone to a day certain.
7. To refer to committee.
8. To amend.
9. To postpone indefinitely.
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The first three motions shall be decided without debate, and a
motion to lay on the table without question or debate.
Rule No. 62. When Not Entertained.
1. When a motion to postpone indefinitely has been decided,
it must not be again entertained on the same day.
2. When a proposal has been postponed indefinitely, it must
not again be introduced during the session unless this Rule is
suspended by a majority vote of the Senate.
3. There must be no reconsideration or recission of a vote on
a motion to postpone indefinitely.
B. PARTICULAR MOTIONS
Rule No. 63. To Adjourn.
A motion to adjourn shall always be in order unless a motion to
reconsider a final vote on a bill or resolution or any other action is
pending. The name of the Senator moving to adjourn, and the
time when the motion was made, shall be entered in the Journal.
Rule No. 64. Lay on the Table.
A motion to lay on or take from the table shall be carried by a
majority vote.
Rule No. 65. Reserved.
Rule No. 66. To Strike Enacting Clause.
A motion to strike out the enacting clause of a bill has
precedence over a motion to refer to committee or to amend. If a
motion to strike out the enacting clause of a bill is carried, the bill
is rejected.
Rule No. 67. Division of Proposal.
1. Any Senator may call for a division of a proposal.
2. A proposal must be divided if the Senate determines it
embraces subjects so distinct that if one subject is taken away, a
substantive proposal remains for the decision of the Senate.
3. A motion to strike out and insert must not be divided.
Rule No. 68. To Reconsider—Precedence of.
A motion to reconsider has precedence over every other
motion, including a motion to adjourn. A motion to reconsider a
final vote on a bill or resolution or any other action shall be in
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order only on the day on which the final vote or action is taken
and the vote on such a motion to reconsider must be taken on the
same day.
Rule No. 69. Explanation of Motion.
Whenever a Senator moves to change the usual disposition of a
bill or resolution, he or she shall describe the subject of the bill or
resolution and state the reasons for requesting the change in the
processing of the bill or resolution.
The next rule is 80.
VII. DEBATE
Rule No. 80. Speaking on Proposal.
1. Every Senator who speaks shall, in his or her place,
address “Mr. or Madam President,” in a courteous manner, and
shall confine himself or herself to the proposal before the Senate.
2. No Senator may speak:
(a) More than twice during the consideration of any one
question on the same day, except for explanation.
(b) A second time without leave when others who have not
spoken desire the floor.
3. Incidental and subsidiary proposals arising during debate
shall not be considered the same proposal.
Rule No. 81. Previous Question.
The previous question shall not be put unless demanded by
three Senators, and it shall be in this form: “Shall the main
question be put?” When sustained by a majority of Senators
present it shall put an end to all debate and bring the Senate to a
vote on the proposal or proposals before it, and all incidental
proposals arising after the motion was made shall be decided
without debate. A person who is speaking on a proposal shall not
while he or she has the floor move to put that question.
The next rule is 90.
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VIII. CONDUCT OF BUSINESS
A. GENERALLY
Rule No. 90. Mason’s Manual.
The rules of parliamentary practice contained in Mason’s
Manual of Legislative Procedure shall govern the Senate in all
cases in which they are applicable and in which they are not
inconsistent with the standing rules and orders of the Senate, and
the Joint Standing Rules of the Senate and Assembly.
Rule No. 91. Suspension of Rule.
No standing rule or order of the Senate shall be rescinded or
changed without a majority vote of the Senate and one day’s
notice of the motion therefor; but a rule or order may be
temporarily suspended for a special purpose by a majority vote of
the members present. When the suspension of a rule is called for,
and after due notice from the President no objection is offered, the
President can announce the rule suspended and the Senate may
proceed accordingly; but this shall not apply to that portion of
Senate Standing Rule No. 109 relating to the third reading of bills,
which cannot be suspended.
Rule No. 92. Notices of Bills, Topics and Public Hearings.
Adequate notice shall be provided to the Legislators and the
public by posting information relative to the bills, topics and
public hearings which are to come before committees. Notices
shall include the date, time, place and agenda, and shall be posted
conspicuously in the Legislative Building and shall be made
available to the news media. This requirement of notice may be
suspended for an emergency by the affirmative vote of a majority
of the committee members appointed.
Rule No. 93. Protest.
Any Senator, or Senators, may protest against the action of the
Senate upon any question, and have such protest entered in the
Journal.
Rule No. 94. Privilege of the Floor.
1. Except as otherwise provided in subsection 2, to preserve
decorum and facilitate the business of the Senate, only the
following persons may be present on the floor of the Senate during
formal sessions:
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(a) State officers;
(b) Officers and members of the Senate;
(c) Employees of the Legislative Counsel Bureau;
(d) Staff of the Senate; and
(e) Members of the Assembly whose presence is required for
the transaction of business.
2. Guests of Senators must be seated in a section of the upper
or lower gallery of the Senate Chamber to be specially designated
by the Sergeant at Arms. The Majority Leader may specify special
occasions when guests may be seated on the floor of the Senate
with a Senator.
3. A majority of Senators may authorize the President to have
the Senate Chamber cleared of all persons except Senators and
officers of the Senate.
4. The Senate Chamber may not be used for any business
other than legislative business during a legislative session.
Rule No. 95. Material Placed on Legislators’ Desks.
1. Only the Sergeant at Arms and officers and employees of
the Senate may place papers, letters, notes, pamphlets and other
written material upon a Senator’s desk. Such material must
contain the name of the Legislator requesting the placement of the
material on the desk or a designation of the origin of the material.
2. This Rule does not apply to books containing the legislative
bills and resolutions, the daily histories and daily journals of the
Senate or Assembly, or Legislative Counsel Bureau material.
Rule No. 96. Reserved.
Rule No. 97. Petitions.
The contents of any petition shall be briefly stated by the
President or any Senator presenting it. It shall then lie on the table
or be referred, as the President or Senate may direct.
Rule No. 98. Reserved.
Rule No. 99. Reserved.
Rule No. 100. Reserved.
Rule No. 101. Reserved.
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Rule No. 102. Objection to Reading of Paper.
Where the reading of any paper is called for, and is objected to
by any Senator, it shall be determined by a vote of the Senate, and
without debate.
Rule No. 103. Questions Relating to Priority of Business.
All questions relating to the priority of business shall be
decided without debate.
B. BILLS AND RESOLUTIONS
Rule No. 104. Reserved.
Rule No. 105. Reserved.
Rule No. 106. Skeleton Bills.
Skeleton bills may be introduced after the beginning of a
session when, in the opinion of the sponsor and the Legislative
Counsel, the full drafting of the bill would entail extensive
research or be of considerable length. A skeleton bill will be a
presentation of ideas or statements of purpose, sufficient in style
and expression to enable the Legislature and the committee to
which the bill may be referred to consider the substantive merits of
the legislation proposed.
Rule No. 107. Information Concerning Bills.
1. Bills introduced may be accompanied by information
relative to witnesses and selected persons of departments and
agencies who should be considered for committee hearings on the
proposed legislation. At the time of or after introduction of a bill, a
list of witnesses who are proponents of the bill together with their
addresses and telephone numbers may be given to the secretary of
the committee to which the bill is referred. This information may
be provided by:
(a) The Senator introducing the bill;
(b) The person requesting a committee introduction of the bill;
or
(c) The Chair of the committee introducing the bill.
2. The secretary of the committee shall deliver this
information to the Chair of the committee to which the bill is
referred. Members of the committee may suggest additional names
for witnesses.
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3. The Legislator may provide an analysis which may
describe the intent, purpose, justification and effects of the bill, or
any of them.
Rule No. 108. Reserved.
Rule No. 109. Reading of Bills.
1. Every bill must receive three readings before its passage,
unless, in case of emergency, this rule is suspended by a two-thirds
vote of the Senate. The reading of a bill is by number, sponsor and
summary.
2. The first reading of a bill is for information, and if there is
opposition to the bill, the question must be, “Shall this bill be
rejected?” If there is no opposition to the bill, or if the question to
reject is defeated, the bill must then take the usual course.
3. No bill may be referred to committee until once read, nor
amended until twice read.
4. The third reading of every bill must be by sections.
Rule No. 110. Second Reading File—Consent Calendar.
1. All bills reported by committee must be placed on a Second
Reading File unless recommended for placement on the Consent
Calendar.
2. A committee shall not recommend a bill for placement on
the Consent Calendar if:
(a) An amendment of the bill is recommended;
(b) It contains an appropriation;
(c) It requires a two-thirds vote of the Senate; or
(d) It is controversial in nature.
3. A bill recommended for placement on the Consent
Calendar must be included in the Daily File listed in the Daily
History of the Senate at least 1 calendar day before it may be
considered.
4. A bill must be removed from the Consent Calendar at the
request of any Senator, without question or debate. A bill so
removed must be immediately placed on the Second Reading File
for consideration in the usual order of business.
5. When the Consent Calendar is called:
(a) The bills remaining on the Consent Calendar must be read
by number, sponsor and summary, and the vote must be taken on
their final passage as a group.
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(b) No remarks or questions are in order and the bills
remaining on the Consent Calendar must be voted upon without
debate.
Rule No. 111. Publications.
1. An appropriate number of copies of all bills and
resolutions of general interest must be printed for the use of the
Senate and Assembly. Such other matter must be printed as may
be ordered by the Senate.
2. Bill books will not be prepared for legislators unless they
qualify for and request the service. The service, if approved, will
be limited to the provision of one full set of bills, journals,
histories and indexes for the Senator’s desk in the Senate
chamber. Bill books will not be prepared for a Senator for
individual committees.
3. A Senator may request the provision of bill book service
pursuant to subsection 1 if either:
(a) The Senator has served in the Senate for 10 or more years;
or
(b) A physical or medical condition requires the Senator to use
the bill books rather than viewing bills on a laptop computer.
4. A request for bill book service must be made to the
Majority Leader of the Senate. If the Majority Leader determines
that the Senator qualifies for the service, the Majority Leader shall
direct the Legislative Counsel Bureau to provide the service.
Rule No. 112. Sponsorship.
1. A Senator may request that his or her name be added as a
sponsor of a bill or resolution that is introduced in the Senate if
the Senator has submitted to the Secretary of the Senate a
statement approving the request signed by the Senator who
introduced the bill or resolution, including, without limitation,
submission by electronic means. A Senator may make a request to
have his or her name added as a sponsor of:
(a) A resolution of the Senate, at any time after the resolution
is introduced in the Senate and before the resolution is passed by
the Senate.
(b) A bill or a joint or concurrent resolution:
(1) At any time after the bill or resolution is introduced in
the Senate and before the bill or resolution is passed out of the
Senate to the Assembly; and
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(2) At any time after the bill or resolution is returned to the
Senate following passage by the Assembly and before the bill or
resolution is enrolled.
2. A Senator who is a sponsor of a bill or resolution that is
introduced in the Senate may request that his or her name be
removed as a sponsor of the bill or resolution. A Senator may
make a request to have his or her name removed as a sponsor of:
(a) A resolution of the Senate, at any time after the resolution
is introduced in the Senate and before the resolution is passed by
the Senate.
(b) A bill or a joint or concurrent resolution:
(1) At any time after the bill or resolution is introduced in
the Senate and before the bill or resolution is passed out of the
Senate to the Assembly; and
(2) At any time after the bill or resolution is returned to the
Senate following passage by the Assembly and before the bill or
resolution is enrolled.
In such case, if the Senator is the only sponsor of the bill or
resolution, another Senator may request that his or her name be
added to the bill or resolution as a sponsor without receiving the
approval from the original sponsor.
3. If a Senator makes a request to have his or her name
added or removed as a sponsor of a bill or resolution that was
introduced in the Senate, the request must be entered in the
Journal.
4. If a Senator who is the only sponsor of a bill or resolution
that was introduced in the Senate removes his or her name from
the bill or resolution while the bill is in the Senate and no other
Senator adds his or her name as the sponsor of the bill or
resolution at the time of the request for removal, no further action
on the bill or resolution is allowed for that legislative session.
5. Notwithstanding any provision of the Standing Rules of the
Senate or the Joint Rules of the Senate and Assembly, if all
Senators who are primary sponsors or cosponsors of a bill or
resolution remove their names as sponsors of the bill or resolution
while the bill or resolution is in the Senate and no other Senator
adds his or her name as a sponsor of the bill or resolution, the
names of the primary joint sponsor or sponsors and the non-
primary joint sponsor or sponsors, if any, must be removed from
the bill or resolution without an amendment.
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Rule No. 113. Reading of Bills—General File.
1. Upon reading of bills on the Second Reading File, Senate
and Assembly bills reported without amendments must be ordered
to the General File. Committee amendments reported with bills
must be considered upon their second reading and such
amendments may be adopted by a majority vote of the members
present. Bills so amended must be reprinted, engrossed or
reengrossed, and ordered to the General File. The File must be
made available to members of the public each day by the
Secretary.
2. Any member may move to amend a bill during its reading
on the Second Reading File or during its third reading and the
motion to amend may be adopted by a majority vote of the
members present. Bills so amended on second reading must be
treated the same as bills with committee amendments. Any bill so
amended upon the General File must be reprinted and engrossed
or reengrossed.
3. Committee amendments and all other amendments must be
made available to members of the public after the amendments are
submitted to the Secretary for processing in order to be considered
on the Second Reading File or the General File.
4. An appropriate number of copies of all amended bills must
be printed.
Rule No. 114. Referral of Bill With Special Instructions.
A bill may be referred to committee with special instructions to
amend at any time before taking the final vote.
Rule No. 115. Reconsideration of Vote on Bill.
1. A vote may be reconsidered on motion of any member.
2. Motions to reconsider a vote upon amendments to any
pending proposal and upon a final vote on a bill or resolution may
be made and decided at once.
Rule No. 116. Vetoed Bills.
Bills which have passed the Legislature, and forwarded by
letter, to the Senate by the Secretary of State or the Governor and
which are accompanied by a message of the Governor’s
disapproval, or veto of the same, shall become a special order and,
at which time, the said message shall be read, together with the bill
or bills so disposed or vetoed; and the message and bill shall be
read without interruption, consecutively, one following the other,
and not upon separate occasions; and no such bill or message
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shall be referred to any committee, or otherwise acted upon, save
as provided by rule, custom and law; that is to say, that
immediately following such reading the only questions (except as
hereinafter stated) which shall be put by the Chair is, “Shall the
bill pass, notwithstanding the objections of the Governor?” It shall
not be in order, at any time, to vote upon such vetoed bill without
the same having first been read; the merits of the bill itself may be
debated and the only motions entertained after the Chair has
stated the question are a motion for “The previous question,” or a
motion for “No further consideration” of the vetoed bill.
Rule No. 117. Different Subject Not Admitted as Amendment.
No subject different from that under consideration shall be
admitted as an amendment; and no bill or resolution shall be
amended by incorporating any irrelevant subject matter or by
association or annexing any other bill or resolution pending in the
Senate, but a substitute may be offered at any time so long as the
original is open to amendment.
Rule No. 118. Joint Resolutions.
1. Joint resolutions must be used to address Congress, or
either House thereof, or the President of the United States, or the
heads of any of the national departments, or to propose
amendments to the State Constitution. A roll call vote must be
taken upon final passage of a joint resolution and entered in the
Journal.
2. Upon introduction, the reading of a joint resolution is for
informational purposes and referral to committee, unless the joint
resolution is rejected or a member moves to immediately consider
the joint resolution for final passage. The motion to immediately
consider the joint resolution for final passage may be adopted by a
majority vote of the Senate.
3. Committee amendments reported with joint resolutions
may be adopted by a majority vote of the members present. Joint
resolutions so amended must be reprinted, engrossed or
reengrossed, and ordered to the Resolution File.
4. Any member may move to amend a joint resolution and the
motion to amend may be adopted by a majority vote of the
members present. Joint resolutions so amended must be treated
the same as joint resolutions with committee amendments. Any
joint resolution so amended must be reprinted and engrossed or
reengrossed, and ordered to the Resolution File.
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5. Committee amendments and all other amendments must be
available to members of the public after the amendments are
submitted to the Secretary for processing in order to be considered
for the Resolution File.
6. The Secretary shall make the Resolution File available to
members of the public each day.
7. A joint resolution proposing an amendment to the State
Constitution must be entered in the Journal in its entirety.
8. An appropriate number of copies of all amended joint
resolutions must be printed.
Rule No. 118.2. Memorial Resolutions.
Once the sponsor has moved for the adoption of a memorial
resolution, not more than one member from each caucus, and,
upon request of a member of the body and the approval of the
Majority Leader, one additional member may speak on the
resolution.
Rule No. 119. Certain Resolutions Treated as Motions.
Except as otherwise provided in Senate Standing Rules Nos.
118 and 118.2, resolutions must be treated as motions in all
proceedings of the Senate.
Rule No. 119.2. Return From the Secretary of State.
A Senate resolution may be used to request the return from the
Secretary of State of an enrolled Senate resolution for further
consideration.
C. ORDER OF BUSINESS, SPECIAL ORDERS AND OTHER MATTERS
Rule No. 120. Order of Business.
1. Roll Call.
2. Prayer and Pledge of Allegiance to the Flag.
3. Reading and Approval of the Journal.
4. Reports of Committees.
5. Messages from the Governor.
6. Messages from the Assembly.
7. Communications.
8. Waivers and Exemptions.
9. Motions, Resolutions and Notices.
10. Introduction, First Reading and Reference.
11. Consent Calendar.
12. Second Reading and Amendment.
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13. General File and Third Reading.
14. Unfinished Business.
15. Special Orders of the Day.
16. Remarks from the Floor; Introduction of Guests. A
Senator may speak under this order of business for a period of not
more than 10 minutes.
Rule No. 121. Privilege.
Any Senator may explain a matter personal to himself or
herself by leave of the President, but the Senator shall not discuss
any pending proposal in such explanation.
Rule No. 122. Reserved.
Rule No. 123. Reserved.
Rule No. 124. Preference to Speak.
When two or more Senators request to speak at the same time
the President shall name the one who may first speak—giving
preference, when practicable, to the mover or introducer of the
subject under consideration.
Rule No. 125. Special Order of Business.
The President shall call the Senate to order on the arrival of
the time fixed for the consideration of a special order, and
announce that the special order is before the Senate, which shall
be considered, unless it be postponed by a majority vote of the
Senate, and any business before the Senate at the time of the
announcement of the special order shall go to Unfinished
Business.
Rule No. 126. Reserved.
Rule No. 127. Reserved.
Rule No. 128. Seniority Among Senators.
1. The Senate shall determine seniority among the Senators
as follows:
(a) Credit total continuous service in the Senate first;
(b) Credit total noncontinuous service in the Senate second;
(c) Credit total continuous service in the Assembly third; and
(d) Credit total noncontinuous service in the Assembly fourth.
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2. In every case where there are ties, those ties are broken by
alphabetical order.
Rule No. 129. Reserved.
D. CONTESTS OF ELECTIONS
Rule No. 130. Procedure.
1. The Senate shall not dismiss a statement of contest for
want of form if any ground of contest is alleged with sufficient
certainty to inform the defendant of the charges he or she is
required to meet. The following grounds are sufficient, but are not
exclusive:
(a) That the election board or any member thereof was guilty
of malfeasance.
(b) That a person who has been declared elected to an office
was not at the time of election eligible to that office.
(c) That illegal votes were cast and counted for the defendant,
which, if taken from the defendant, will reduce the number of
legal votes below the number necessary to elect him or her.
(d) That the election board, in conducting the election or in
canvassing the returns, made errors sufficient to change the result
of the election as to any person who has been declared elected.
(e) That the defendant has given, or offered to give, to any
person a bribe for the purpose of procuring his or her election.
(f) That there was a possible malfunction of any voting or
counting device.
2. The contest must be submitted so far as may be possible
upon depositions or by written or oral arguments as the Senate
may order. Any party to a contest may take the deposition of any
witness at any time after the statement of contest is filed with the
Secretary of State and before the contest is finally decided. At least
5 days’ notice must be given to the prospective deponent and to the
other party. If oral statements are made at any hearing before the
Senate or a committee thereof which purport to establish matters
of fact, they must be made under oath. Strict rules of evidence do
not apply.
3. The contestant has the burden of proving that any
irregularities shown were of such nature as to establish the
probability that the result of the election was changed thereby.
After consideration of all the evidence, the Senate shall declare
the defendant elected unless the Senate finds from the evidence
that a person other than the defendant received the greatest
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number of legal votes, in which case the Senate shall declare that
person elected.
E. REMOTE-TECHNOLOGY SYSTEMS
Rule No. 131. Reserved.
Rule No. 132. Reserved.
Rule No. 133. Reserved.
Rule No. 134. Reserved.
Rule No. 135. Reserved.
Rule No. 136. Authorized Use of Remote-Technology Systems
in Exceptional Circumstances.
1. As used in this Rule, “remote-technology system” means
any system or other means of communication that is:
(a) Approved by the Majority Leader and uses any electronic,
digital or other similar technology to enable a member of the
Senate from a remote location to attend, participate, vote and take
any other action in any proceedings of the Senate or the
Committee of the Whole even though the member is not physically
present within the Senate Chambers or at a meeting of the
Committee of the Whole.
(b) Approved by the chair of a committee, other than the
Committee of the Whole, and uses any electronic, digital or other
similar technology to enable a member of the Senate from a
remote location to attend, participate, vote and take any other
action in any proceedings of the committee even though the
member is not physically present at a meeting of the committee.
2. Upon request by a member of the Senate:
(a) Except as otherwise provided in this paragraph, the
Majority Leader may authorize the member to use a remote-
technology system to attend, participate, vote and take any other
action in any proceedings of the Senate or the Committee of the
Whole if the Majority Leader determines that exceptional
circumstances warrant such use by the member. If the Majority
Leader grants such authorization:
(1) It must be entered in the Journal of the Senate.
(2) A member who uses a remote-technology system to
attend or participate in a proceeding of the Senate may not vote on
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any matter on which a vote is taken in that proceeding unless the
member is using the remote-technology system to attend or
participate in the proceeding from a location in this State.
(b) The chair of a committee, other than the Committee of the
Whole, with the approval of the Majority Leader, may authorize
the member to use a remote-technology system to attend,
participate, vote and take any other action in any proceedings of
the committee if the chair and the Majority Leader determine that
exceptional circumstances warrant such use by the member. If the
chair grants such authorization, it must be entered in the records
of the committee.
3. Except as otherwise provided in subparagraph (2) of
paragraph (a) of subsection 2, if a member of the Senate uses a
remote-technology system to attend, participate, vote and take any
other action in any proceedings pursuant to this Rule, the member
shall be deemed to be present and in attendance at the proceedings
for all purposes.
4. For the purposes of voting in proceedings of:
(a) The Committee of the Whole, the Secretary of the Senate,
or an authorized assistant, shall call the roll of each member who
is authorized to use a remote-technology system for the
proceedings and, in accordance with the procedures of the Senate,
cause the member’s vote to be entered into the record for the
purposes of the records of the Committee of the Whole.
(b) A committee, other than the Committee of the Whole, the
committee secretary shall call the roll of each member who is
authorized to use a remote-technology system for the proceedings
and, in accordance with the procedures of the committee, cause
the member’s vote to be entered into the record for the purposes of
the records of the committee.
5. Except as otherwise provided in subsection 7 of Senate
Standing Rule No. 53, this Rule supersedes, takes precedence and
controls over any other rule, provision or principle of law to the
extent of any conflict with this Rule.
6. The Senate hereby finds and declares that:
(a) The Nevada Constitution invests each House of the
Legislature with certain plenary and exclusive constitutional
powers which may be exercised only by that House and which
cannot be usurped, infringed or impaired by the other House or by
any other branch of Nevada’s State Government. (Heller v.
Legislature, 120 Nev. 456 (2004); Commission on Ethics v. Hardy,
125 Nev. 285 (2009); Mason’s Manual of Legislative Procedure §§
2-3 & 560-564 (2010) (Mason’s Manual))
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(b) Section 6 of Article 4 of the Nevada Constitution invests
each House with plenary and exclusive constitutional powers to
determine the rules of its proceedings and to govern, control and
regulate its membership and its internal organization, affairs and
management, expressly providing that: “Each House shall judge
of the qualifications, elections and returns of its own members,
choose its own officers (except the President of the Senate),
determine the rules of its proceedings and may punish its members
for disorderly conduct, and with the concurrence of two thirds of
all the members elected, expel a member.”
(c) In addition to its plenary and exclusive constitutional
powers, each House possesses certain inherent powers of
institutional self-protection and self-preservation to govern,
control and regulate its membership and its internal organization,
affairs and management. (In re Chapman, 166 U.S. 661, 668
(1897); Mason’s Manual § 2; Luther S. Cushing, Elements of the
Law & Practice of Legislative Assemblies § 533 (1856) (Cushing’s
Legislative Assemblies))
(d) The inherent powers of each House are considered “so
essential to the authority of a legislative assembly, that it cannot
well exist without them; and they are consequently entitled to be
regarded as belonging to every such assembly as a necessary
incident.” (Cushing’s Legislative Assemblies § 533)
(e) The inherent powers of each House authorize it to take all
necessary and proper institutional actions that are “recognized by
the common parliamentary law.” (Cushing’s Legislative
Assemblies § 684)
(f) Thus, it is well established that each House is “vested with
all the powers and privileges which are necessary and incidental to
a free and unobstructed exercise of its appropriate functions.
These powers and privileges are derived not from the Constitution;
on the contrary, they arise from the very creation of a legislative
body, and are founded upon the principle of self-preservation.”
(Ex parte McCarthy, 29 Cal. 395, 403 (1866))
(g) Under the Nevada Constitution, there are no constitutional
provisions establishing a particular method for determining
whether a member of either House is present at legislative
proceedings.
(h) The United States Supreme Court has held that when there
are no constitutional provisions establishing a particular method
for determining whether a member of a legislative house is present
at legislative proceedings, “it is therefore within the competency of
the house to prescribe any method which shall be reasonably
– 33 –
- 82nd Session (2023)
certain to ascertain the fact.” (United States v. Ballin, 144 U.S. 1,
6 (1892))
(i) The United States Supreme Court has also held that when a
legislative house adopts a rule establishing a reasonable method
for determining whether a member is present at legislative
proceedings, that rule must be given great deference by the courts
because:
Neither do the advantages or disadvantages, the wisdom or
folly, of such a rule present any matters for judicial
consideration. With the courts the question is only one of
power. The constitution empowers each house to determine
its rules of proceedings. It may not by its rules ignore
constitutional restraints or violate fundamental rights, and
there should be a reasonable relation between the mode or
method of proceeding established by the rule and the result
which is sought to be attained. But within these limitations
all matters of method are open to the determination of the
house, and it is no impeachment of the rule to say that some
other way would be better, more accurate, or even more just.
It is no objection to the validity of a rule that a different one
has been prescribed and in force for a length of time. The
power to make rules is not one which once exercised is
exhausted. It is a continuous power, always subject to be
exercised by the house, and, within the limitations
suggested, absolute and beyond the challenge of any other
body or tribunal.
(United States v. Ballin, 144 U.S. 1, 5 (1892))
7. The Senate hereby exercises its constitutional and inherent
powers and privileges and adopts this Rule to:
(a) Govern, control and regulate its membership and its
internal organization, affairs and management;
(b) Ensure its institutional self-protection and self-
preservation; and
(c) Establish a reasonable method for determining whether a
member of the Senate is present at legislative proceedings during
exceptional circumstances.
The next rule is 140.
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- 82nd Session (2023)
IX. LEGISLATIVE INVESTIGATIONS
Rule No. 140. Compensation of Witnesses.
Witnesses summoned to appear before the Senate, or any of its
committees, shall be compensated as provided by law for witnesses
required to attend in the courts of the State of Nevada.
And be it further
RESOLVED, That this resolution becomes effective upon
adoption.
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