Nevada 2023 Regular Session

Nevada Senate Bill SR8 Compare Versions

The same version is selected twice. Please select two different versions to compare.

Version 1 (Old)

Version 2 (New)

Old	New	Differences
1	1
2	2
3	3	- 82nd Session (2023)
4	4	Senate Resolution No. 8–Senator Cannizzaro
5	5
6	6	FILE NUMBER..........
7	7	SENATE RESOLUTION —Adopting new Standing Rules of the
8	8	Senate for the remainder of the 82nd Session of the
9	9	Legislature.
10	10	RESOLVED BY THE SENATE OF THE STATE OF NEVADA, That the
11	11	following Senate Standing Rules are hereby adopted for the
12	12	remainder of the 82nd Session of the Legislature as follows:
13	13
14	14	I. OFFICERS AND EMPLOYEES
15	15
16	16	DUTIES OF OFFICERS
17	17
18	18	Rule No. 1. President.
19	19	The President shall take the chair and call the Senate to order
20	20	precisely at the hour appointed for meeting, and if a quorum is
21	21	present shall cause the Journal of the preceding day to be read.
22	22	The President shall preserve order and decorum, and in case of
23	23	any disturbance or disorderly conduct within the Senate Chamber,
24	24	shall order the Sergeant at Arms to suppress it, and may order the
25	25	arrest of any person creating any disturbance within the Senate
26	26	Chamber. The President may speak to points of order in
27	27	preference to members, rising from the President’s seat for that
28	28	purpose, and shall decide questions of order without debate,
29	29	subject to an appeal to the Senate by two members, on which
30	30	appeal no member may speak more than once without leave of the
31	31	Senate. The President shall sign all acts, addresses and joint
32	32	resolutions, and all writs, warrants and subpoenas issued by order
33	33	of the Senate; all of which must be attested by the Secretary. The
34	34	President has general direction of the Senate Chamber.
35	35
36	36	Rule No. 2. President pro Tempore and Other Presiding
37	37	Officers.
38	38	1. Except as otherwise provided in subsection 2:
39	39	(a) The President pro Tempore has all the power and shall
40	40	discharge all the duties of the President during his or her absence
41	41	or inability to discharge the duties of his or her office.
42	42	(b) If the President is unwilling to discharge the duties of his
43	43	or her office, the Senate may, by majority vote of the Senate, call
44	44	upon the President pro Tempore to serve as the President. Upon
45	45	such call, the President pro Tempore has all the power and shall
46	46	– 2 –
47	47
48	48
49	49	- 82nd Session (2023)
50	50	discharge all the duties of the President during his or her
51	51	unwillingness to discharge the duties of his or her office.
52	52	(c) In the absence or inability of the President pro Tempore to
53	53	discharge the duties of the President’s office, the Chair of the
54	54	Standing Committee on Legislative Operations and Elections shall
55	55	serve as the presiding officer. In the absence or inability of the
56	56	Chair, the Vice Chair of the Standing Committee on Legislative
57	57	Operations and Elections shall serve as the presiding officer. In
58	58	the absence or inability of the Vice Chair of the Standing
59	59	Committee on Legislative Operations and Elections, the Senate
60	60	shall elect one of its members to serve as the presiding officer. A
61	61	member who is serving as the presiding officer has all the power
62	62	and shall discharge all the duties of the President until the
63	63	absence or inability which resulted in the member serving as the
64	64	presiding officer has ended.
65	65	2. When the President pro Tempore or another member is
66	66	serving as the presiding officer, the President pro Tempore or
67	67	other member may vote on any question for which he or she is
68	68	otherwise qualified to vote as a member. If the Senate is equally
69	69	divided on the question, the President pro Tempore or other
70	70	member may not give an additional deciding vote or casting vote
71	71	pursuant to Senate Standing Rule No. 31 or Section 17 of Article 5
72	72	of the Nevada Constitution.
73	73
74	74	Rule No. 3. Secretary.
75	75	1. The Secretary of the Senate is elected by the Senate, and
76	76	shall:
77	77	(a) Recruit, interview, select, train and supervise all staff
78	78	employed to assist with the work of the Senate.
79	79	(b) See that these employees perform their respective duties.
80	80	(c) Administer the daily business of the Senate, including the
81	81	provision of staff to its committees.
82	82	(d) Adopt such administrative policies as the Secretary deems
83	83	necessary to carry out the business of the Senate.
84	84	(e) Unless otherwise ordered by the Senate, transmit at the end
85	85	of each working day those bills and resolutions upon which the
86	86	next action is to be taken by the Assembly.
87	87	2. The Secretary is responsible to the Majority Leader.
88	88	3. The President and the Secretary are authorized to make
89	89	any necessary corrections and additions to the final Journal, Daily
90	90	History and committee minutes of the Senate.
91	91	4. In the absence of the Secretary and subject to the
92	92	discretion of the Majority Leader, the Assistant Secretary shall
93	93	– 3 –
94	94
95	95
96	96	- 82nd Session (2023)
97	97	attest all writs, warrants and subpoenas issued by order of the
98	98	Senate and certify as to the passage of bills and resolutions; and in
99	99	the absence of both officers, the Majority Leader shall designate a
100	100	signatory.
101	101	5. The Secretary shall have custody of all bills, resolutions,
102	102	petitions, papers and other documents, including, without
103	103	limitation, matters referred to the committees of the Senate.
104	104
105	105	Rule No. 4. Sergeant at Arms.
106	106	The Sergeant at Arms shall:
107	107	1. Attend the Senate during its sittings, and execute its
108	108	commands and all process issued by its authority.
109	109	2. Keep the secrets of the Senate.
110	110	3. Superintend the upkeep of the Senate’s Chamber, private
111	111	lounge and meeting rooms for committees.
112	112
113	113	Rule No. 5. Deputy Sergeant at Arms and Assistant Sergeants
114	114	at Arms.
115	115	The Deputy Sergeant at Arms and Assistant Sergeants at Arms
116	116	shall serve as doorkeepers and shall preserve order in the Senate
117	117	Chamber and shall assist the Sergeant at Arms. The Deputy
118	118	Sergeant at Arms and Assistant Sergeants at Arms shall keep the
119	119	secrets of the Senate. In the event that the Sergeant at Arms is
120	120	incapacitated or absent for any reason, the Deputy Sergeant at
121	121	Arms shall serve as the Sergeant at Arms until the incapacity or
122	122	absence has ended.
123	123
124	124	Rule No. 6. Continuation of Leadership and Standing Rules of
125	125	the Senate During the Interim Between Regular Sessions.
126	126	1. Except as otherwise provided in subsections 2, 3 and 4, the
127	127	tenure of the President pro Tempore, Majority Leader and
128	128	Minority Leader extends during the interim between regular
129	129	sessions of the Legislature.
130	130	2. The President pro Tempore, Majority Leader and Minority
131	131	Leader for the next succeeding regular session shall perform any
132	132	duty that is required of that officer by the Standing Rules of the
133	133	Senate and the Nevada Revised Statutes in the period between
134	134	the time of their designation after the general election and the
135	135	organization of the next succeeding regular session.
136	136	3. The Majority Leader and Minority Leader for the next
137	137	succeeding regular session shall appoint the regular and alternate
138	138	members to the Committee on Ethics as set forth in Senate
139	139	Standing Rule No. 23.
140	140	– 4 –
141	141
142	142
143	143	- 82nd Session (2023)
144	144	4. The Majority Leader shall:
145	145	(a) Determine the start time of the Senate’s organizational
146	146	session.
147	147	(b) Refer prefiled bills and resolutions to committee, subject to
148	148	ratification by a majority vote of the members of the Senate once
149	149	the Senate is organized and ready for business.
150	150	(c) Appoint committees during the interim between regular
151	151	sessions of the Legislature for any proper purpose, including,
152	152	without limitation, taking testimony, compelling the attendance of
153	153	witnesses, punishing persons or entities for contempt and
154	154	reporting findings to the next session of the Legislature.
155	155	5. The Standing Rules of the Senate set forth herein shall
156	156	remain in full force and effect throughout the interim between
157	157	regular sessions of the Legislature and until new Standing Rules
158	158	of the Senate are adopted as part of the organization of a newly-
159	159	constituted Senate at the commencement of a session, unless a
160	160	conflict exists with a rule adopted by the Senate for a special
161	161	session occurring between regular sessions.
162	162
163	163	The next rule is 10.
164	164
165	165	II. SESSIONS AND MEETINGS
166	166
167	167	Rule No. 10. Time of Meeting.
168	168	1. Except as otherwise provided in subsection 2, the President
169	169	shall call the Senate to order each day of sitting at 11:00 o’clock
170	170	a.m., unless the Senate has adjourned to some other hour.
171	171	2. In the event an emergency occurs during a regular or
172	172	special session of the Legislature which requires a meeting of the
173	173	Senate, the Majority Leader shall call the members back to order
174	174	before the hour to which the Senate has adjourned.
175	175
176	176	Rule No. 11. Call of Senate—Moved by Three Members.
177	177	A Call of the Senate may be moved by three Senators, and if
178	178	carried by a majority of all present, the Secretary shall call the roll
179	179	and note the absentees, after which the names of the absentees
180	180	shall again be called over. The doors shall then be closed and the
181	181	Sergeant at Arms directed to take into custody all who may be
182	182	absent without leave, and all Senators so taken into custody shall
183	183	be presented at the bar of the Senate for such action as to the
184	184	Senate may seem proper.
185	185
186	186
187	187	– 5 –
188	188
189	189
190	190	- 82nd Session (2023)
191	191	Rule No. 12. Absence—Leave Required.
192	192	No Senator shall absent himself or herself from the service of
193	193	the Senate without leave, except in case of accident or sickness,
194	194	and if any Senator or officer shall so absent himself or herself, the
195	195	per diem of the Senator shall not be allowed to him or her.
196	196
197	197	Rule No. 13. Open Meetings.
198	198	1. Except as provided in the Constitution of the State of
199	199	Nevada and in subsection 2, all meetings of the Senate and its
200	200	committees must be open to the public.
201	201	2. A Senate committee meeting may be closed to consider the
202	202	character, alleged misconduct, professional competence, or
203	203	physical or mental health of a person.
204	204
205	205	Rule No. 14. Convening of Senate between Legislative
206	206	Sessions.
207	207	1. The Senate may be convened at any time between sessions
208	208	of the Legislature upon a petition signed by a majority of the
209	209	members elected to the Senate to consider and take action on any
210	210	matter that is solely and exclusively within the constitutional or
211	211	inherent powers of the Senate, including, without limitation, any
212	212	matter that may be considered and acted on by the Senate
213	213	pursuant to its plenary and exclusive constitutional powers under
214	214	Article 4, Section 6 of the Nevada Constitution or pursuant to its
215	215	inherent powers of institutional self-protection and self-
216	216	preservation to govern, control and regulate its membership and
217	217	its internal organization, affairs and management.
218	218	2. A petition convening the Senate pursuant to this Rule must
219	219	specify the matter that will be considered or acted on by the
220	220	Senate, indicate a date for the Senate to convene and be
221	221	transmitted to the Secretary of the Senate. Upon receipt of one or
222	222	more substantially similar petitions signed, in the aggregate, by a
223	223	majority of the members elected to the Senate, the Secretary shall
224	224	notify all members of the Senate that the Senate will be convened
225	225	pursuant to this Rule and the date on which the Senate will be
226	226	convened.
227	227	3. The Senate hereby finds and declares that:
228	228	(a) The Nevada Constitution invests each House of the
229	229	Legislature with certain plenary and exclusive constitutional
230	230	powers which may be exercised only by that House and which
231	231	cannot be usurped, infringed or impaired by the other House or by
232	232	any other branch of Nevada’s State Government. (Heller v.
233	233	Legislature, 120 Nev. 456 (2004); Commission on Ethics v. Hardy,
234	234	– 6 –
235	235
236	236
237	237	- 82nd Session (2023)
238	238	125 Nev. 285 (2009); Mason’s Manual of Legislative Procedure §§
239	239	2-3 & 560-564 (2010) (Mason’s Manual))
240	240	(b) Article 4, Section 6 of the Nevada Constitution invests each
241	241	House with plenary and exclusive constitutional powers to govern,
242	242	control and regulate its membership and its internal organization,
243	243	affairs and management, expressly providing that: “Each House
244	244	shall judge of the qualifications, elections and returns of its own
245	245	members, choose its own officers (except the President of the
246	246	Senate), determine the rules of its proceedings and may punish its
247	247	members for disorderly conduct, and with the concurrence of two
248	248	thirds of all the members elected, expel a member.”
249	249	(c) In addition to its plenary and exclusive constitutional
250	250	powers, each House possesses certain inherent powers of
251	251	institutional self-protection and self-preservation to govern,
252	252	control and regulate its membership and its internal organization,
253	253	affairs and management. (In re Chapman, 166 U.S. 661, 668
254	254	(1897); Mason’s Manual § 2; Luther S. Cushing, Elements of the
255	255	Law & Practice of Legislative Assemblies § 533 (1856) (Cushing’s
256	256	Legislative Assemblies))
257	257	(d) The inherent powers of each House are considered “so
258	258	essential to the authority of a legislative assembly, that it cannot
259	259	well exist without them; and they are consequently entitled to be
260	260	regarded as belonging to every such assembly as a necessary
261	261	incident.” (Cushing’s Legislative Assemblies § 533)
262	262	(e) The inherent powers of each House authorize it to take all
263	263	necessary and proper institutional actions that are “recognized by
264	264	the common parliamentary law.” (Cushing’s Legislative
265	265	Assemblies § 684)
266	266	(f) Thus, it is well established that each House is “vested with
267	267	all the powers and privileges which are necessary and incidental to
268	268	a free and unobstructed exercise of its appropriate functions.
269	269	These powers and privileges are derived not from the Constitution;
270	270	on the contrary, they arise from the very creation of a legislative
271	271	body, and are founded upon the principle of self-preservation.”
272	272	(Ex parte McCarthy, 29 Cal. 395, 403 (1866))
273	273
274	274	The next rule is 20.
275	275
276	276
277	277
278	278
279	279
280	280
281	281	– 7 –
282	282
283	283
284	284	- 82nd Session (2023)
285	285	III. DECORUM AND DEBATE
286	286
287	287	Rule No. 20. Points of Order.
288	288	1. If any Senator, in speaking or otherwise, transgresses the
289	289	rules of the Senate, the President shall, or any Senator may, call
290	290	him or her to order. If a Senator is so called to order, he or she
291	291	shall not proceed without leave of the Senate. If such leave is
292	292	granted, it must be upon the motion, “That he or she be allowed to
293	293	proceed in order,” and the Senator shall confine himself or herself
294	294	to the proposal under consideration and avoid personality.
295	295	2. Every ruling on points of order made by the President is
296	296	subject to appeal, and a discussion of a question of order may be
297	297	allowed only upon the appeal of two Senators. In all cases of
298	298	appeal, the question must be, “Shall the ruling of the Chair stand
299	299	as the judgment of the Senate?”
300	300
301	301	Rule No. 21. Breaches of Decorum.
302	302	1. In cases of breaches of decorum or propriety, any Senator,
303	303	officer or other person is liable to such censure or punishment as
304	304	the Senate may deem proper.
305	305	2. If any Senator is called to order for offensive or indecorous
306	306	language or conduct, the person calling the Senator to order shall
307	307	report the offensive or indecorous language or conduct to the
308	308	presiding officer. No member may be held to answer for any
309	309	language used on the floor of the Senate if business has
310	310	intervened before exception to the language was taken.
311	311	3. Indecorous conduct or boisterous or unbecoming language
312	312	is not permitted in the Senate Chamber.
313	313
314	314	Rule No. 22. Portable Electronic Communication Devices.
315	315	1. A person who is within the Senate Chambers shall not
316	316	engage in a telephone conversation via the use of a portable
317	317	telephone when the Senate is convened.
318	318	2. Before entering the Senate Chambers, any person who
319	319	possesses a portable electronic communication device that emits
320	320	an audible alert, such as a ringing or beeping sound, to signal an
321	321	incoming message or call, shall turn the audible alert off. A device
322	322	that contains a nonaudible alert, such as a silent vibration, may be
323	323	operated in a nonaudible manner within the Senate Chambers.
324	324
325	325	Rule No. 23. Committee on Ethics; Legislative Ethics.
326	326	1. The Committee on Ethics consists of:
327	327	– 8 –
328	328
329	329
330	330	- 82nd Session (2023)
331	331	(a) Two members of the Senate appointed by the Majority
332	332	Leader from the majority political party;
333	333	(b) One member of the Senate appointed by the Minority
334	334	Leader from the minority political party; and
335	335	(c) Three qualified electors of the State, two of whom are
336	336	appointed by the Majority Leader and one who is appointed by the
337	337	Minority Leader, and none of whom is a present member of the
338	338	Legislature or employed by the State of Nevada.
339	339	 Not more than four members of the Committee may be
340	340	members of the same political party.
341	341	2. The Majority Leader shall appoint the Chair and Vice
342	342	Chair of the Committee. The Vice Chair shall serve as the acting
343	343	Chair if the Chair is unable to serve for any reason during the
344	344	consideration of a specific proposal.
345	345	3. The Majority Leader shall appoint an alternate member
346	346	with the qualifications set forth in paragraph (a) of subsection 1
347	347	and an alternate member with the qualifications set forth in
348	348	paragraph (c) of subsection 1. The Minority Leader shall appoint
349	349	an alternate member with the qualifications set forth in paragraph
350	350	(b) of subsection 1 and an alternate member with the
351	351	qualifications set forth in paragraph (c) of subsection 1. If a
352	352	member of the Committee is unable to serve for any reason during
353	353	the consideration of a specific proposal, the alternate appointed
354	354	with the qualifications from the same paragraph in subsection 1
355	355	shall serve as a member of the Committee during the
356	356	consideration of the specific proposal.
357	357	4. A member of the Committee is disqualified to serve during
358	358	the consideration of a specific proposal if:
359	359	(a) The member is the requester of advice concerning the
360	360	question of ethics or conflict of interest, or the member is the
361	361	subject of the complaint concerning the specific question; or
362	362	(b) A reasonable person in the member’s situation could not
363	363	exercise independent judgment on the matter in question.
364	364	5. The members of the Committee shall perform any duty
365	365	required in the period between the time of their appointment after
366	366	the general election and the organization of the next succeeding
367	367	regular session, or until the Majority Leader or the Minority
368	368	Leader appoint new members to the Committee, whichever occurs
369	369	first.
370	370	6. The tenure of the members of the Committee shall extend
371	371	during the interim between regular sessions of the Legislature.
372	372	7. The Committee:
373	373	– 9 –
374	374
375	375
376	376	- 82nd Session (2023)
377	377	(a) May hear requests brought by Senators for advice on
378	378	specific questions of potential breaches of ethics and conflicts of
379	379	interest; and
380	380	(b) Shall hear complaints brought by Senators and others on
381	381	specific questions of alleged breaches of ethics and conflicts of
382	382	interest, including, without limitation, alleged breaches of the
383	383	Legislative Code of Ethical Standards in the Joint Standing Rules.
384	384	8. All proceedings held by the Committee to consider the
385	385	character, alleged misconduct, professional competence or
386	386	physical or mental health of any person on matters of ethics or
387	387	conflicts of interest and all materials related to those proceedings
388	388	are confidential, unless the person who is the subject of the
389	389	proceedings requests a public hearing or discloses the content of
390	390	the proceedings or materials.
391	391	9. An individual may file a complaint which alleges a breach
392	392	of ethics or a conflict of interest, including, without limitation, an
393	393	alleged breach of the Legislative Code of Ethical Standards in the
394	394	Joint Standing Rules. If the alleged breach of ethics or conflict of
395	395	interest involves the conduct of more than one person, separate
396	396	complaints must be filed regarding each person. A complaint must
397	397	be:
398	398	(a) Made in writing on a form provided by the Legislative
399	399	Counsel;
400	400	(b) Signed and verified under penalty of perjury by the
401	401	individual making the allegation; and
402	402	(c) Filed with the Legislative Counsel who shall review the
403	403	complaint and any other relevant information and consult with
404	404	the Chair of the Committee or, if the Chair is the subject of the
405	405	complaint, with the Vice Chair, to evaluate whether the Committee
406	406	has jurisdiction and whether an investigation is warranted in the
407	407	matter. If it is determined that the Committee:
408	408	(1) Does not have jurisdiction or that an investigation is not
409	409	warranted in the matter, the Legislative Counsel shall send written
410	410	notice of the determination to the individual who filed the
411	411	complaint.
412	412	(2) Has jurisdiction and an investigation is warranted in
413	413	the matter, the Legislative Counsel shall send written notice of the
414	414	determination and a copy of the complaint to the person who is the
415	415	subject of the complaint.
416	416	10. Each Legislator is subject, at all times, to the Legislative
417	417	Code of Ethical Standards in the Joint Standing Rules and, in
418	418	addition, must determine whether he or she has a conflict of
419	419	interest upon any matter in question before the Legislator. In
420	420	– 10 –
421	421
422	422
423	423	- 82nd Session (2023)
424	424	determining whether the Legislator has such a conflict of interest,
425	425	the Legislator should consider whether the independence of
426	426	judgment of a reasonable person in his or her situation upon the
427	427	matter in question would be materially affected by the
428	428	Legislator’s:
429	429	(a) Acceptance of a gift or loan;
430	430	(b) Private economic interest; or
431	431	(c) Commitment to a member of his or her household or
432	432	immediate family.
433	433	 In interpreting and applying the provisions of this subsection, it
434	434	must be presumed that the independence of judgment of a
435	435	reasonable person in the Legislator’s situation would not be
436	436	materially affected by the Legislator’s private economic interest or
437	437	the Legislator’s commitment to a member of his or her household
438	438	or immediate family where the resulting benefit or detriment
439	439	accruing to the Legislator, or if the Legislator has a commitment
440	440	to a member of his or her household or immediate family,
441	441	accruing to those other persons, is not greater than that accruing
442	442	to any other member of the general business, profession,
443	443	occupation or group that is affected by the matter.
444	444	11. Except as otherwise provided in subsection 12, if a
445	445	Legislator knows he or she has a conflict of interest pursuant to
446	446	subsection 10, the Legislator shall make a disclosure of the
447	447	conflict of interest on the record in a meeting of a committee or on
448	448	the floor of the Senate, as applicable. Such a disclosure must be
449	449	entered:
450	450	(a) If the Legislator makes the disclosure in a meeting of a
451	451	committee, in the minutes for that meeting.
452	452	(b) If the Legislator makes the disclosure on the floor of the
453	453	Senate, in the Journal.
454	454	12. If, on one or more prior occasions during the current
455	455	session of the Legislature, a Legislator has made a general
456	456	disclosure of a conflict of interest on the record in a meeting of a
457	457	committee or on the floor of the Senate, the Legislator is not
458	458	required to make that general disclosure at length again regarding
459	459	the same conflict of interest if, when the matter in question arises
460	460	on subsequent occasions, the Legislator makes a reference on the
461	461	record to the previous disclosure.
462	462	13. In determining whether to abstain from voting upon,
463	463	advocating or opposing a matter concerning which a Legislator
464	464	has a conflict of interest pursuant to subsection 10, the Legislator
465	465	should consider whether:
466	466	– 11 –
467	467
468	468
469	469	- 82nd Session (2023)
470	470	(a) The conflict impedes his or her independence of judgment;
471	471	and
472	472	(b) His or her interest is greater than the interests of an entire
473	473	class of persons similarly situated.
474	474	14. The provisions of this Rule do not under any
475	475	circumstances and regardless of any conflict of interest:
476	476	(a) Prohibit a Legislator from requesting or introducing a
477	477	legislative measure; or
478	478	(b) Require a Legislator to take any particular action before or
479	479	while requesting or introducing a legislative measure.
480	480	15. If a Legislator who is a member of a committee declares
481	481	on the record when a vote is to be taken by the committee that he
482	482	or she will abstain from voting because of the requirements of this
483	483	Rule, the necessary quorum to act upon and the number of votes
484	484	necessary to act upon the matter is reduced as though the
485	485	Legislator abstaining were not a member of the committee.
486	486	16. The standards and procedures set forth in this Rule which
487	487	govern whether and to what extent a Senator has a conflict of
488	488	interest, should disclose a conflict of interest or should abstain
489	489	from voting upon, advocating or opposing a matter concerning
490	490	which the Senator has a conflict of interest pursuant to
491	491	subsection 10:
492	492	(a) Are exclusive and are the only standards and procedures
493	493	that apply to Senators with regard to such matters; and
494	494	(b) Supersede and preempt all other standards and procedures
495	495	with regard to such matters,
496	496	 except that this subsection does not exempt any Senators from
497	497	the Legislative Code of Ethical Standards in the Joint Standing
498	498	Rules.
499	499	17. For purposes of this Rule, “immediate family” means a
500	500	person who is related to the Legislator by blood, adoption or
501	501	marriage within the first degree of consanguinity or affinity.
502	502
503	503	The next rule is 30.
504	504
505	505	IV. QUORUM, VOTING, ELECTIONS
506	506
507	507	Rule No. 30. Recorded Vote—Three Required to Call For.
508	508	1. A recorded vote must be taken upon final passage of a bill
509	509	or joint resolution, and in any other case when called for by three
510	510	members. Every Senator within the bar of the Senate shall vote
511	511	“yea” or “nay” or record himself or herself as “not voting,” unless
512	512	excused by unanimous vote of the Senate. A Senator who records
513	513	– 12 –
514	514
515	515
516	516	- 82nd Session (2023)
517	517	himself or herself as “not voting” must make a full and complete
518	518	disclosure of a conflict of interest pursuant to Senate Standing
519	519	Rule No. 23.
520	520	2. The votes and names of those absent or recorded as “not
521	521	voting” and the names of Senators demanding the recorded vote
522	522	must be entered in the Journal.
523	523
524	524	Rule No. 31. President to Decide—Tie Vote.
525	525	A question is lost by a tie vote, but when the Senate is equally
526	526	divided on any question except the passage of a bill or joint
527	527	resolution, the President may give the deciding vote.
528	528
529	529	Rule No. 32. Manner of Election—Voting.
530	530	1. In all cases of election by the Senate, the vote must be
531	531	taken viva voce. In other cases, if a vote is to be recorded, it may
532	532	be taken by oral roll-call or by electronic recording.
533	533	2. When a recorded vote is taken, no Senator may:
534	534	(a) Vote except when at his or her seat;
535	535	(b) Explain his or her vote or discuss the question while the
536	536	voting is in progress; or
537	537	(c) Change his or her vote after the result is announced.
538	538	3. The announcement of the result of any vote must not be
539	539	postponed.
540	540
541	541	The next rule is 40.
542	542
543	543	V. LEGISLATIVE BODIES
544	544
545	545	Rule No. 40. Standing and Select Committees.
546	546	1. Except as otherwise provided in Senate Standing Rule No.
547	547	23, the Majority Leader shall appoint all standing and select
548	548	committees and shall determine the majority-minority party
549	549	composition of all standing and select committees. Appointments
550	550	to committees shall be made by the Majority Leader for the
551	551	majority party members and by the Minority Leader for the
552	552	minority party members. The Majority Leader shall designate
553	553	the Chair and Vice Chair of all standing and select committees.
554	554	2. The Majority Leader shall refer prefiled bills and
555	555	resolutions to committee, subject to ratification by a majority vote
556	556	of the Senate once the Senate is organized and ready for business.
557	557	3. Except as otherwise provided in subsection 4, the standing
558	558	and select committees of the Senate and their respective
559	559	– 13 –
560	560
561	561
562	562	- 82nd Session (2023)
563	563	jurisdiction for the reference of bills and resolutions are as
564	564	follows:
565	565	(a) Commerce and Labor, eight members, with jurisdiction
566	566	over measures affecting primarily titles 52-55 of NRS, and
567	567	chapters 97-100, 118-119, 119B, 461, 461A, 489, 678A, 678B,
568	568	678D, 679A-693A, 694A-697, 711 and 712 of NRS, except
569	569	measures affecting primarily state and local revenue.
570	570	(b) Education, seven members, with jurisdiction over measures
571	571	affecting primarily chapters 353B, 378-380A, 385-386 and 388-
572	572	399 of NRS, except measures affecting primarily state and local
573	573	revenue.
574	574	(c) Finance, eight members, with jurisdiction over measures
575	575	affecting primarily chapters 1A, 387 and 400 of NRS,
576	576	appropriations, operating and capital budgets, state and federal
577	577	budget issues and bonding, except measures affecting primarily
578	578	state and local revenue, and over any measures carrying or
579	579	requiring appropriations and favorably reported by any other
580	580	committee.
581	581	(d) Government Affairs, five members, with jurisdiction over
582	582	measures affecting primarily titles 20, 21, 25, 27, 28, 30, 36 and 37
583	583	of NRS, and chapters 223-228, 232-233I, 234-237, 238-242, 271,
584	584	277-280, 286-289, 353, 353A, 353C-358, 381, 384, 472, 474, 477,
585	585	693B, 709, 710 and 720 of NRS, except measures affecting
586	586	primarily the provisions of the Nevada Administrative Procedure
587	587	Act that govern the adjudication of contested cases, the Tahoe
588	588	Regional Planning Compact and the Tahoe Regional Planning
589	589	Agency, state and local revenue and state and federal budget
590	590	issues.
591	591	(e) Growth and Infrastructure, five members, with jurisdiction
592	592	over measures affecting primarily title 44 of NRS, and chapters
593	593	403-405, 408, 410, 459A, 476, 480-487, 490 and 701-708 of NRS,
594	594	except measures affecting primarily state and local revenue.
595	595	(f) Health and Human Services, five members, with
596	596	jurisdiction over measures affecting primarily titles 38 and 39 of
597	597	NRS, chapters 439-442 of NRS, NRS 444.002-444.430 and
598	598	chapters 446-453C, 454-458A, 460, 583-585 and 678C of NRS,
599	599	except measures affecting primarily state and local revenue.
600	600	(g) Judiciary, eight members, with jurisdiction over measures
601	601	affecting primarily the provisions of the Nevada Administrative
602	602	Procedure Act that govern the adjudication of contested cases,
603	603	titles 2-7, 9, 11-16 and 41 of NRS, and chapters 1, 2-7, 101-104A,
604	604	111-117, 119A, 120, 120A, 475, 719, 721 and 722 of NRS, except
605	605	measures affecting primarily state and local revenue.
606	606	– 14 –
607	607
608	608
609	609	- 82nd Session (2023)
610	610	(h) Legislative Operations and Elections, five members, with
611	611	jurisdiction over measures affecting primarily titles 17, 24 and 29
612	612	of NRS, chapters 281-285 of NRS, and the operation of the
613	613	legislative session, except measures affecting primarily state and
614	614	local revenue.
615	615	(i) Natural Resources, five members, with jurisdiction over
616	616	measures affecting primarily titles 26 and 45-50 of NRS, chapters
617	617	383, 407 and 407A of NRS, NRS 444.435-444.650, chapters 444A-
618	618	445D, 459, 488, 581, 582 and 586-590 of NRS, and the Tahoe
619	619	Regional Planning Compact and the Tahoe Regional Planning
620	620	Agency, except measures affecting primarily state and local
621	621	revenue.
622	622	(j) Revenue and Economic Development, five members, with
623	623	jurisdiction over measures affecting primarily title 32 of NRS,
624	624	chapters 231, 231A, 237A, 271A-274 and 453D of NRS, and state
625	625	and local revenue.
626	626	4. The Chair of the Standing Committee on Finance may
627	627	assign any portion of a proposed executive budget to any of the
628	628	other standing or select committees of the Senate for review. Upon
629	629	receiving such an assignment the standing or select committee
630	630	shall complete its review expeditiously and report its findings and
631	631	any recommendations to the Standing Committee on Finance for
632	632	its independent evaluation.
633	633
634	634	Rule No. 41. Appointment of Alternates.
635	635	If the Chair or any member of a committee is temporarily
636	636	unable to perform his or her duties, the Majority Leader shall
637	637	appoint an alternate of the same political party to serve in the
638	638	Chair’s or the member’s place for such time as is determined by
639	639	the Majority Leader.
640	640
641	641	Rule No. 42. Committee Expenses.
642	642	No committee shall employ assistance or incur any expense,
643	643	except by permission of the Majority Leader previously obtained.
644	644
645	645	Rule No. 43. Duties of Committees.
646	646	The several committees shall acquaint themselves with the
647	647	interests of the State specially represented by the committee and
648	648	shall present such bills and reports as in their judgment will
649	649	advance the interests and promote the welfare of the people of the
650	650	State.
651	651
652	652	Rule No. 44. Reserved.
653	653	– 15 –
654	654
655	655
656	656	- 82nd Session (2023)
657	657	Rule No. 45. Reserved.
658	658
659	659	Rule No. 46. Forming Committee of the Whole.
660	660	In forming the Committee of the Whole, the Senator who has
661	661	so moved shall name a Chair to preside. All amendments proposed
662	662	by the Committee shall be reported by the Chair to the Senate.
663	663
664	664	Rule No. 47. Rules Applicable to Committee of the Whole.
665	665	The Rules of the Senate shall apply to proceedings in
666	666	Committee of the Whole, except that the previous question shall
667	667	not be ordered, nor the yeas and nays demanded, but the
668	668	Committee may limit the number of times that any member may
669	669	speak, at any stage of proceedings, during its sitting. Messages
670	670	may be received by the President while the Committee is sitting; in
671	671	which case the President shall resume the chair and receive the
672	672	message. After receiving the message, the President shall vacate
673	673	the chair in favor of the Chair of the Committee.
674	674	Rule No. 48. Motion to Rise Committee of the Whole.
675	675	A motion that the Committee rise shall always be in order, and
676	676	shall be decided without debate.
677	677
678	678	Rule No. 49. Reference to Committee.
679	679	When a motion is made to refer any subject, and different
680	680	committees are proposed, the subject may be referred to the
681	681	committee with jurisdiction over the subject as set forth in Senate
682	682	Standing Rule No. 40, or to a different committee, upon a majority
683	683	vote of the members present.
684	684
685	685	Rule No. 50. Return From Committee.
686	686	1. Any bill or other matter referred to a committee of the
687	687	Senate must not be withdrawn or ordered taken from the
688	688	committee for consideration by the Senate, for re-referral, or for
689	689	any other reason without a majority vote of the Senate, and at
690	690	least one day’s notice of the motion therefor.
691	691	2. No such motion is in order:
692	692	(a) If the bill to be withdrawn or ordered taken from the
693	693	committee may no longer be considered by the Senate; or
694	694	(b) On the last day of the session, or on the day preceding the
695	695	last day of the session.
696	696	3. This Rule does not take from any committee the rights and
697	697	duties of committees provided for in Senate Standing Rule No. 43.
698	698
699	699
700	700	– 16 –
701	701
702	702
703	703	- 82nd Session (2023)
704	704	Rule No. 51. Concurrent Referrals.
705	705	When a bill or resolution is referred to two committees, the bill
706	706	or resolution must go to the first committee named. If the first
707	707	committee votes to amend the bill or resolution, it must be
708	708	reprinted with amendments and then returned to the first
709	709	committee or sent immediately to the next committee. If there is no
710	710	amendment proposed by the first committee, or if the first
711	711	committee acts upon the bill or resolution after amendment, the
712	712	bill or resolution must be sent with the committee recommendation
713	713	to the Secretary for transmittal to the second committee.
714	714
715	715	Rule No. 52. Reserved.
716	716
717	717	Rule No. 53. Committee Rules.
718	718	1. The rules of the Senate, as far as applicable, are the rules
719	719	of committees of the Senate. Procedure in committees, where not
720	720	otherwise provided in this Rule, must follow the procedure of the
721	721	Senate. For matters not included in the rules of the Senate or
722	722	these rules, Mason’s Manual of Legislative Procedure must be
723	723	followed.
724	724	2. A majority of any committee constitutes a quorum for the
725	725	transaction of business.
726	726	3. A meeting of a committee may not be opened without a
727	727	quorum present.
728	728	4. In addition to regularly scheduled meetings of a committee
729	729	or those called by the Chair of the committee, meetings may be set
730	730	by a written petition of a majority of the committee and filed with
731	731	the Chair of the committee.
732	732	5. A bill may be passed from a committee only by a majority
733	733	of the committee membership. A simple majority of those present
734	734	and voting is sufficient to adopt committee amendments.
735	735	6. Subcommittees may be appointed by the Chair of a
736	736	committee to consider subjects specified by the Chair and shall
737	737	report back to the committee. If a member of a subcommittee is
738	738	not a member of the standing or select committee for which the
739	739	subcommittee is created, the approval of the Majority Leader is
740	740	required for that member’s appointment. If a subcommittee is so
741	741	appointed, the Chair of the committee shall determine whether the
742	742	subcommittee shall keep minutes of its meetings. Any minutes
743	743	required to be kept pursuant to this subsection must comply with
744	744	the provisions of subsection 12.
745	745	7. A committee shall act only when together, and all votes
746	746	must be taken in the presence of the committee. A member shall
747	747	– 17 –
748	748
749	749
750	750	- 82nd Session (2023)
751	751	not be recorded as voting unless the member was actually present
752	752	in the committee at the time of the vote. The Chair of the
753	753	committee must be present when the committee votes to take any
754	754	final actions on bills or resolutions, but the Chair is not required
755	755	to vote. In addition to the use of remote-technology systems
756	756	pursuant to Senate Standing Rule No. 136, upon approval of the
757	757	Majority Leader, a committee may meet together by video
758	758	conference or other appropriate remote-technology systems. A
759	759	member who is actually present in the committee at a posted video
760	760	conference or other remote location is present and in attendance
761	761	at the meeting for all purposes. A member who is participating in
762	762	a committee meeting with all committee members participating
763	763	through the use of a remote-technology system pursuant to the
764	764	direction of the Majority Leader shall participate in the committee
765	765	meeting from a location other than a committee meeting room.
766	766	The provisions of this subsection do not prohibit the prefiling of
767	767	legislative bills and resolutions on behalf of a committee in the
768	768	manner prescribed by the Legislative Commission.
769	769	8. All committee and subcommittee meetings are open to the
770	770	public, except as otherwise provided in Senate Standing Rule
771	771	No. 13.
772	772	9. Before a Chair of a committee reports a bill or resolution
773	773	to the Senate, the committee may reconsider its action. A motion to
774	774	reconsider must be made by any member who voted on the action.
775	775	10. The Chair of a committee shall determine the agenda of
776	776	each meeting of the committee except that a member of the
777	777	committee may request an item for the agenda by communicating
778	778	with the Chair at least 4 days before the meeting. A majority of a
779	779	committee may, by vote, add an item to the agenda of the next
780	780	regularly scheduled meeting.
781	781	11. Secretaries to committees shall give notices of hearings
782	782	on bills to anyone requesting notices of particular bills.
783	783	12. All committees shall keep minutes of meetings. The
784	784	minutes must cover members present and absent, subjects under
785	785	discussion, witnesses who appear, committee members’ statements
786	786	concerning legislative intent, action taken by the committee, as
787	787	well as the vote of individual members on all matters on which a
788	788	vote is taken. Upon approval of the Chair, any member may
789	789	submit to the secretary additional remarks to be included in the
790	790	minutes and records of committee meetings. Upon completion of
791	791	the minutes, the Chair will review for approval. At the conclusion
792	792	of the legislative session, the Secretary of the Senate shall deliver
793	793	all minutes and records of committee meetings in his or her
794	794	– 18 –
795	795
796	796
797	797	- 82nd Session (2023)
798	798	possession to the Research Library of the Legislative Counsel
799	799	Bureau.
800	800	13. In addition to the minutes, the committee secretary shall
801	801	maintain a record of all bills, including:
802	802	(a) Date bill referred;
803	803	(b) Date bill received;
804	804	(c) Date set for hearing the bill;
805	805	(d) Date or dates bill heard and voted upon; and
806	806	(e) Date report prepared.
807	807	14. Each committee secretary shall file the minutes of each
808	808	meeting with the Secretary of the Senate as soon as practicable
809	809	after the meeting.
810	810	15. All committee minutes and any subcommittee minutes
811	811	required to be kept pursuant to subsection 6 are open to public
812	812	inspection upon request and during normal business hours. The
813	813	official record of the committee meeting is the minutes approved
814	814	by the Chair.
815	815
816	816	Rule No. 54. Review of State Agency Programs.
817	817	In addition to or concurrent with committee action taken on
818	818	specific bills and resolutions during a regular session of the
819	819	Legislature, each standing committee of the Senate is encouraged
820	820	to plan and conduct a general review of selected programs of state
821	821	agencies or other areas of public interest within the committee’s
822	822	jurisdiction.
823	823
824	824	The next rule is 60.
825	825
826	826	VI. RULES GOVERNING MOTIONS
827	827
828	828	A. MOTIONS GENERALLY
829	829
830	830	Rule No. 60. Entertaining.
831	831	1. No motion may be debated until it is announced by the
832	832	President.
833	833	2. By consent of the Senate, a motion may be withdrawn
834	834	before amendment or decision.
835	835
836	836	Rule No. 61. Precedence of Motions.
837	837	When a proposal is under debate no motion shall be received
838	838	but the following, which shall have precedence in the order
839	839	named:
840	840	1. To adjourn.
841	841	– 19 –
842	842
843	843
844	844	- 82nd Session (2023)
845	845	2. For a call of the Senate.
846	846	3. To recess.
847	847	4. To lay on the table.
848	848	5. For the previous question.
849	849	6. To postpone to a day certain.
850	850	7. To refer to committee.
851	851	8. To amend.
852	852	9. To postpone indefinitely.
853	853	 The first three motions shall be decided without debate, and a
854	854	motion to lay on the table without question or debate.
855	855
856	856	Rule No. 62. When Not Entertained.
857	857	1. When a motion to postpone indefinitely has been decided,
858	858	it must not be again entertained on the same day.
859	859	2. When a proposal has been postponed indefinitely, it must
860	860	not again be introduced during the session unless this Rule is
861	861	suspended by a majority vote of the Senate.
862	862	3. There must be no reconsideration or recission of a vote on
863	863	a motion to postpone indefinitely.
864	864
865	865	B. PARTICULAR MOTIONS
866	866
867	867	Rule No. 63. To Adjourn.
868	868	A motion to adjourn shall always be in order unless a motion to
869	869	reconsider a final vote on a bill or resolution or any other action is
870	870	pending. The name of the Senator moving to adjourn, and the
871	871	time when the motion was made, shall be entered in the Journal.
872	872
873	873	Rule No. 64. Lay on the Table.
874	874	A motion to lay on or take from the table shall be carried by a
875	875	majority vote.
876	876
877	877	Rule No. 65. Reserved.
878	878
879	879	Rule No. 66. To Strike Enacting Clause.
880	880	A motion to strike out the enacting clause of a bill has
881	881	precedence over a motion to refer to committee or to amend. If a
882	882	motion to strike out the enacting clause of a bill is carried, the bill
883	883	is rejected.
884	884
885	885	Rule No. 67. Division of Proposal.
886	886	1. Any Senator may call for a division of a proposal.
887	887	– 20 –
888	888
889	889
890	890	- 82nd Session (2023)
891	891	2. A proposal must be divided if the Senate determines it
892	892	embraces subjects so distinct that if one subject is taken away, a
893	893	substantive proposal remains for the decision of the Senate.
894	894	3. A motion to strike out and insert must not be divided.
895	895
896	896	Rule No. 68. To Reconsider—Precedence of.
897	897	A motion to reconsider has precedence over every other
898	898	motion, including a motion to adjourn. A motion to reconsider a
899	899	final vote on a bill or resolution or any other action shall be in
900	900	order only on the day on which the final vote or action is taken
901	901	and the vote on such a motion to reconsider must be taken on the
902	902	same day.
903	903
904	904	Rule No. 69. Explanation of Motion.
905	905	Whenever a Senator moves to change the usual disposition of a
906	906	bill or resolution, he or she shall describe the subject of the bill or
907	907	resolution and state the reasons for requesting the change in the
908	908	processing of the bill or resolution.
909	909
910	910	The next rule is 80.
911	911
912	912	VII. DEBATE
913	913
914	914	Rule No. 80. Speaking on Proposal.
915	915	1. Every Senator who speaks shall, in his or her place,
916	916	address “Mr. or Madam President,” in a courteous manner, and
917	917	shall confine himself or herself to the proposal before the Senate.
918	918	2. No Senator may speak:
919	919	(a) More than twice during the consideration of any one
920	920	question on the same day, except for explanation.
921	921	(b) A second time without leave when others who have not
922	922	spoken desire the floor.
923	923	3. Incidental and subsidiary proposals arising during debate
924	924	shall not be considered the same proposal.
925	925
926	926	Rule No. 81. Previous Question.
927	927	The previous question shall not be put unless demanded by
928	928	three Senators, and it shall be in this form: “Shall the main
929	929	question be put?” When sustained by a majority of Senators
930	930	present it shall put an end to all debate and bring the Senate to a
931	931	vote on the proposal or proposals before it, and all incidental
932	932	proposals arising after the motion was made shall be decided
933	933	– 21 –
934	934
935	935
936	936	- 82nd Session (2023)
937	937	without debate. A person who is speaking on a proposal shall not
938	938	while he or she has the floor move to put that question.
939	939
940	940	The next rule is 90.
941	941
942	942	VIII. CONDUCT OF BUSINESS
943	943
944	944	A. GENERALLY
945	945
946	946	Rule No. 90. Mason’s Manual.
947	947	The rules of parliamentary practice contained in Mason’s
948	948	Manual of Legislative Procedure shall govern the Senate in all
949	949	cases in which they are applicable and in which they are not
950	950	inconsistent with the standing rules and orders of the Senate, and
951	951	the Joint Standing Rules of the Senate and Assembly.
952	952
953	953	Rule No. 91. Suspension of Rule.
954	954	No standing rule or order of the Senate shall be rescinded or
955	955	changed without a majority vote of the Senate and one day’s
956	956	notice of the motion therefor; but a rule or order may be
957	957	temporarily suspended for a special purpose by a majority vote of
958	958	the members present. When the suspension of a rule is called for,
959	959	and after due notice from the President no objection is offered, the
960	960	President can announce the rule suspended and the Senate may
961	961	proceed accordingly; but this shall not apply to that portion of
962	962	Senate Standing Rule No. 109 relating to the third reading of bills,
963	963	which cannot be suspended.
964	964
965	965	Rule No. 92. Notices of Bills, Topics and Public Hearings.
966	966	Adequate notice shall be provided to the Legislators and the
967	967	public by posting information relative to the bills, topics and
968	968	public hearings which are to come before committees. Notices
969	969	shall include the date, time, place and agenda, and shall be posted
970	970	conspicuously in the Legislative Building and shall be made
971	971	available to the news media. This requirement of notice may be
972	972	suspended for an emergency by the affirmative vote of a majority
973	973	of the committee members appointed.
974	974
975	975	Rule No. 93. Protest.
976	976	Any Senator, or Senators, may protest against the action of the
977	977	Senate upon any question, and have such protest entered in the
978	978	Journal.
979	979
980	980	– 22 –
981	981
982	982
983	983	- 82nd Session (2023)
984	984	Rule No. 94. Privilege of the Floor.
985	985	1. Except as otherwise provided in subsection 2, to preserve
986	986	decorum and facilitate the business of the Senate, only the
987	987	following persons may be present on the floor of the Senate during
988	988	formal sessions:
989	989	(a) State officers;
990	990	(b) Officers and members of the Senate;
991	991	(c) Employees of the Legislative Counsel Bureau;
992	992	(d) Staff of the Senate; and
993	993	(e) Members of the Assembly whose presence is required for
994	994	the transaction of business.
995	995	2. Guests of Senators must be seated in a section of the upper
996	996	or lower gallery of the Senate Chamber to be specially designated
997	997	by the Sergeant at Arms. The Majority Leader may specify special
998	998	occasions when guests may be seated on the floor of the Senate
999	999	with a Senator.
1000	1000	3. A majority of Senators may authorize the President to have
1001	1001	the Senate Chamber cleared of all persons except Senators and
1002	1002	officers of the Senate.
1003	1003	4. The Senate Chamber must not be used for any public or
1004	1004	private business other than legislative, except by permission of the
1005	1005	Senate.
1006	1006
1007	1007	Rule No. 95. Material Placed on Legislators’ Desks.
1008	1008	1. Only the Sergeant at Arms and officers and employees of
1009	1009	the Senate may place papers, letters, notes, pamphlets and other
1010	1010	written material upon a Senator’s desk. Such material must
1011	1011	contain the name of the Legislator requesting the placement of the
1012	1012	material on the desk or a designation of the origin of the material.
1013	1013	2. This Rule does not apply to books containing the legislative
1014	1014	bills and resolutions, the daily histories and daily journals of the
1015	1015	Senate or Assembly, or Legislative Counsel Bureau material.
1016	1016
1017	1017	Rule No. 96. Reserved.
1018	1018
1019	1019	Rule No. 97. Petitions.
1020	1020	The contents of any petition shall be briefly stated by the
1021	1021	President or any Senator presenting it. It shall then lie on the table
1022	1022	or be referred, as the President or Senate may direct.
1023	1023
1024	1024	Rule No. 98. Reserved.
1025	1025
1026	1026	Rule No. 99. Peddling, Begging and Soliciting.
1027	1027	– 23 –
1028	1028
1029	1029
1030	1030	- 82nd Session (2023)
1031	1031	1. Peddling, begging and soliciting are strictly forbidden in
1032	1032	the Senate Chambers, and in the lobby, gallery and halls adjacent
1033	1033	thereto.
1034	1034	2. No part of the Senate Chambers may be used for, or
1035	1035	occupied by, signs or other devices for any kind of advertising.
1036	1036	3. No part of the hallways adjacent to the Senate Chambers
1037	1037	may be used for, or occupied by, signs or other devices for any
1038	1038	kind of advertising for commercial or personal gain.
1039	1039
1040	1040	Rule No. 100. Reserved.
1041	1041
1042	1042	Rule No. 101. Reserved.
1043	1043
1044	1044	Rule No. 102. Objection to Reading of Paper.
1045	1045	Where the reading of any paper is called for, and is objected to
1046	1046	by any Senator, it shall be determined by a vote of the Senate, and
1047	1047	without debate.
1048	1048
1049	1049	Rule No. 103. Questions Relating to Priority of Business.
1050	1050	All questions relating to the priority of business shall be
1051	1051	decided without debate.
1052	1052
1053	1053	B. BILLS AND RESOLUTIONS
1054	1054
1055	1055	Rule No. 104. Reserved.
1056	1056
1057	1057	Rule No. 105. Reserved.
1058	1058
1059	1059	Rule No. 106. Skeleton Bills.
1060	1060	Skeleton bills may be introduced after the beginning of a
1061	1061	session when, in the opinion of the sponsor and the Legislative
1062	1062	Counsel, the full drafting of the bill would entail extensive
1063	1063	research or be of considerable length. A skeleton bill will be a
1064	1064	presentation of ideas or statements of purpose, sufficient in style
1065	1065	and expression to enable the Legislature and the committee to
1066	1066	which the bill may be referred to consider the substantive merits of
1067	1067	the legislation proposed.
1068	1068
1069	1069	Rule No. 107. Information Concerning Bills.
1070	1070	1. Bills introduced may be accompanied by information
1071	1071	relative to witnesses and selected persons of departments and
1072	1072	agencies who should be considered for committee hearings on the
1073	1073	proposed legislation. At the time of or after introduction of a bill, a
1074	1074	– 24 –
1075	1075
1076	1076
1077	1077	- 82nd Session (2023)
1078	1078	list of witnesses who are proponents of the bill together with their
1079	1079	addresses and telephone numbers may be given to the secretary of
1080	1080	the committee to which the bill is referred. This information may
1081	1081	be provided by:
1082	1082	(a) The Senator introducing the bill;
1083	1083	(b) The person requesting a committee introduction of the bill;
1084	1084	or
1085	1085	(c) The Chair of the committee introducing the bill.
1086	1086	2. The secretary of the committee shall deliver this
1087	1087	information to the Chair of the committee to which the bill is
1088	1088	referred. Members of the committee may suggest additional names
1089	1089	for witnesses.
1090	1090	3. The Legislator may provide an analysis which may
1091	1091	describe the intent, purpose, justification and effects of the bill, or
1092	1092	any of them.
1093	1093
1094	1094	Rule No. 108. Reserved.
1095	1095
1096	1096	Rule No. 109. Reading of Bills.
1097	1097	1. Every bill must receive three readings before its passage,
1098	1098	unless, in case of emergency, this rule is suspended by a two-thirds
1099	1099	vote of the Senate. The reading of a bill is by number, sponsor and
1100	1100	summary.
1101	1101	2. The first reading of a bill is for information, and if there is
1102	1102	opposition to the bill, the question must be, “Shall this bill be
1103	1103	rejected?” If there is no opposition to the bill, or if the question to
1104	1104	reject is defeated, the bill must then take the usual course.
1105	1105	3. No bill may be referred to committee until once read, nor
1106	1106	amended until twice read.
1107	1107	4. The third reading of every bill must be by sections.
1108	1108
1109	1109	Rule No. 110. Second Reading File—Consent Calendar.
1110	1110	1. All bills reported by committee must be placed on a Second
1111	1111	Reading File unless recommended for placement on the Consent
1112	1112	Calendar.
1113	1113	2. A committee shall not recommend a bill for placement on
1114	1114	the Consent Calendar if:
1115	1115	(a) An amendment of the bill is recommended;
1116	1116	(b) It contains an appropriation;
1117	1117	(c) It requires a two-thirds vote of the Senate; or
1118	1118	(d) It is controversial in nature.
1119	1119	3. A bill recommended for placement on the Consent
1120	1120	Calendar must be included in the Daily File listed in the Daily
1121	1121	– 25 –
1122	1122
1123	1123
1124	1124	- 82nd Session (2023)
1125	1125	History of the Senate at least 1 calendar day before it may be
1126	1126	considered.
1127	1127	4. A bill must be removed from the Consent Calendar at the
1128	1128	request of any Senator, without question or debate. A bill so
1129	1129	removed must be immediately placed on the Second Reading File
1130	1130	for consideration in the usual order of business.
1131	1131	5. When the Consent Calendar is called:
1132	1132	(a) The bills remaining on the Consent Calendar must be read
1133	1133	by number, sponsor and summary, and the vote must be taken on
1134	1134	their final passage as a group.
1135	1135	(b) No remarks or questions are in order and the bills
1136	1136	remaining on the Consent Calendar must be voted upon without
1137	1137	debate.
1138	1138
1139	1139	Rule No. 111. Publications.
1140	1140	1. An appropriate number of copies of all bills and
1141	1141	resolutions of general interest must be printed for the use of the
1142	1142	Senate and Assembly. Such other matter must be printed as may
1143	1143	be ordered by the Senate.
1144	1144	2. Bill books will not be prepared for legislators unless they
1145	1145	qualify for and request the service. The service, if approved, will
1146	1146	be limited to the provision of one full set of bills, journals,
1147	1147	histories and indexes for the Senator’s desk in the Senate
1148	1148	chamber. Bill books will not be prepared for a Senator for
1149	1149	individual committees.
1150	1150	3. A Senator may request the provision of bill book service
1151	1151	pursuant to subsection 1 if either:
1152	1152	(a) The Senator has served in the Senate for 10 or more years;
1153	1153	or
1154	1154	(b) A physical or medical condition requires the Senator to use
1155	1155	the bill books rather than viewing bills on a laptop computer.
1156	1156	4. A request for bill book service must be made to the
1157	1157	Majority Leader of the Senate. If the Majority Leader determines
1158	1158	that the Senator qualifies for the service, the Majority Leader shall
1159	1159	direct the Legislative Counsel Bureau to provide the service.
1160	1160
1161	1161	Rule No. 112. Sponsorship.
1162	1162	1. A Senator may request that his or her name be added as a
1163	1163	sponsor of a bill or resolution that is introduced in the Senate if
1164	1164	the Senator has submitted to the Secretary of the Senate a
1165	1165	statement approving the request signed by the Senator who
1166	1166	introduced the bill or resolution, including, without limitation,
1167	1167	– 26 –
1168	1168
1169	1169
1170	1170	- 82nd Session (2023)
1171	1171	submission by electronic means. A Senator may make a request to
1172	1172	have his or her name added as a sponsor of:
1173	1173	(a) A resolution of the Senate, at any time after the resolution
1174	1174	is introduced in the Senate and before the resolution is passed by
1175	1175	the Senate.
1176	1176	(b) A bill or a joint or concurrent resolution:
1177	1177	(1) At any time after the bill or resolution is introduced in
1178	1178	the Senate and before the bill or resolution is passed out of the
1179	1179	Senate to the Assembly; and
1180	1180	(2) At any time after the bill or resolution is returned to the
1181	1181	Senate following passage by the Assembly and before the bill or
1182	1182	resolution is enrolled.
1183	1183	2. A Senator who is a sponsor of a bill or resolution that is
1184	1184	introduced in the Senate may request that his or her name be
1185	1185	removed as a sponsor of the bill or resolution. A Senator may
1186	1186	make a request to have his or her name removed as a sponsor of:
1187	1187	(a) A resolution of the Senate, at any time after the resolution
1188	1188	is introduced in the Senate and before the resolution is passed by
1189	1189	the Senate.
1190	1190	(b) A bill or a joint or concurrent resolution:
1191	1191	(1) At any time after the bill or resolution is introduced in
1192	1192	the Senate and before the bill or resolution is passed out of the
1193	1193	Senate to the Assembly; and
1194	1194	(2) At any time after the bill or resolution is returned to the
1195	1195	Senate following passage by the Assembly and before the bill or
1196	1196	resolution is enrolled.
1197	1197	 In such case, if the Senator is the only sponsor of the bill or
1198	1198	resolution, another Senator may request that his or her name be
1199	1199	added to the bill or resolution as a sponsor without receiving the
1200	1200	approval from the original sponsor.
1201	1201	3. If a Senator makes a request to have his or her name
1202	1202	added or removed as a sponsor of a bill or resolution that was
1203	1203	introduced in the Senate, the request must be entered in the
1204	1204	Journal.
1205	1205	4. If a Senator who is the only sponsor of a bill or resolution
1206	1206	that was introduced in the Senate removes his or her name from
1207	1207	the bill or resolution while the bill is in the Senate and no other
1208	1208	Senator adds his or her name as the sponsor of the bill or
1209	1209	resolution at the time of the request for removal, no further action
1210	1210	on the bill or resolution is allowed for that legislative session.
1211	1211	5. Notwithstanding any provision of the Standing Rules of the
1212	1212	Senate or the Joint Rules of the Senate and Assembly, if all
1213	1213	Senators who are primary sponsors or cosponsors of a bill or
1214	1214	– 27 –
1215	1215
1216	1216
1217	1217	- 82nd Session (2023)
1218	1218	resolution remove their names as sponsors of the bill or resolution
1219	1219	while the bill or resolution is in the Senate and no other Senator
1220	1220	adds his or her name as a sponsor of the bill or resolution, the
1221	1221	names of the primary joint sponsor or sponsors and the non-
1222	1222	primary joint sponsor or sponsors, if any, must be removed from
1223	1223	the bill or resolution without an amendment.
1224	1224
1225	1225	Rule No. 113. Reading of Bills—General File.
1226	1226	1. Upon reading of bills on the Second Reading File, Senate
1227	1227	and Assembly bills reported without amendments must be ordered
1228	1228	to the General File. Committee amendments reported with bills
1229	1229	must be considered upon their second reading and such
1230	1230	amendments may be adopted by a majority vote of the members
1231	1231	present. Bills so amended must be reprinted, engrossed or
1232	1232	reengrossed, and ordered to the General File. The File must be
1233	1233	made available to members of the public each day by the
1234	1234	Secretary.
1235	1235	2. Any member may move to amend a bill during its reading
1236	1236	on the Second Reading File or during its third reading and the
1237	1237	motion to amend may be adopted by a majority vote of the
1238	1238	members present. Bills so amended on second reading must be
1239	1239	treated the same as bills with committee amendments. Any bill so
1240	1240	amended upon the General File must be reprinted and engrossed
1241	1241	or reengrossed.
1242	1242	3. Committee amendments and all other amendments must be
1243	1243	made available to members of the public after the amendments are
1244	1244	submitted to the Secretary for processing in order to be considered
1245	1245	on the Second Reading File or the General File.
1246	1246	4. An appropriate number of copies of all amended bills must
1247	1247	be printed.
1248	1248
1249	1249	Rule No. 114. Referral of Bill With Special Instructions.
1250	1250	A bill may be referred to committee with special instructions to
1251	1251	amend at any time before taking the final vote.
1252	1252
1253	1253	Rule No. 115. Reconsideration of Vote on Bill.
1254	1254	1. A vote may be reconsidered on motion of any member.
1255	1255	2. Motions to reconsider a vote upon amendments to any
1256	1256	pending proposal and upon a final vote on a bill or resolution may
1257	1257	be made and decided at once.
1258	1258
1259	1259
1260	1260
1261	1261	– 28 –
1262	1262
1263	1263
1264	1264	- 82nd Session (2023)
1265	1265	Rule No. 116. Vetoed Bills.
1266	1266	Bills which have passed the Legislature, and forwarded by
1267	1267	letter, to the Senate by the Secretary of State or the Governor and
1268	1268	which are accompanied by a message of the Governor’s
1269	1269	disapproval, or veto of the same, shall become a special order and,
1270	1270	at which time, the said message shall be read, together with the bill
1271	1271	or bills so disposed or vetoed; and the message and bill shall be
1272	1272	read without interruption, consecutively, one following the other,
1273	1273	and not upon separate occasions; and no such bill or message
1274	1274	shall be referred to any committee, or otherwise acted upon, save
1275	1275	as provided by rule, custom and law; that is to say, that
1276	1276	immediately following such reading the only questions (except as
1277	1277	hereinafter stated) which shall be put by the Chair is, “Shall the
1278	1278	bill pass, notwithstanding the objections of the Governor?” It shall
1279	1279	not be in order, at any time, to vote upon such vetoed bill without
1280	1280	the same having first been read; the merits of the bill itself may be
1281	1281	debated and the only motions entertained after the Chair has
1282	1282	stated the question are a motion for “The previous question,” or a
1283	1283	motion for “No further consideration” of the vetoed bill.
1284	1284
1285	1285	Rule No. 117. Different Subject Not Admitted as Amendment.
1286	1286	No subject different from that under consideration shall be
1287	1287	admitted as an amendment; and no bill or resolution shall be
1288	1288	amended by incorporating any irrelevant subject matter or by
1289	1289	association or annexing any other bill or resolution pending in the
1290	1290	Senate, but a substitute may be offered at any time so long as the
1291	1291	original is open to amendment.
1292	1292
1293	1293	Rule No. 118. Joint Resolutions.
1294	1294	1. Joint resolutions must be used to address Congress, or
1295	1295	either House thereof, or the President of the United States, or the
1296	1296	heads of any of the national departments, or to propose
1297	1297	amendments to the State Constitution. A roll call vote must be
1298	1298	taken upon final passage of a joint resolution and entered in the
1299	1299	Journal.
1300	1300	2. Upon introduction, the reading of a joint resolution is for
1301	1301	informational purposes and referral to committee, unless the joint
1302	1302	resolution is rejected or a member moves to immediately consider
1303	1303	the joint resolution for final passage. The motion to immediately
1304	1304	consider the joint resolution for final passage may be adopted by a
1305	1305	majority vote of the Senate.
1306	1306	3. Committee amendments reported with joint resolutions
1307	1307	may be adopted by a majority vote of the members present. Joint
1308	1308	– 29 –
1309	1309
1310	1310
1311	1311	- 82nd Session (2023)
1312	1312	resolutions so amended must be reprinted, engrossed or
1313	1313	reengrossed, and ordered to the Resolution File.
1314	1314	4. Any member may move to amend a joint resolution and the
1315	1315	motion to amend may be adopted by a majority vote of the
1316	1316	members present. Joint resolutions so amended must be treated
1317	1317	the same as joint resolutions with committee amendments. Any
1318	1318	joint resolution so amended must be reprinted and engrossed or
1319	1319	reengrossed, and ordered to the Resolution File.
1320	1320	5. Committee amendments and all other amendments must be
1321	1321	available to members of the public after the amendments are
1322	1322	submitted to the Secretary for processing in order to be considered
1323	1323	for the Resolution File.
1324	1324	6. The Secretary shall make the Resolution File available to
1325	1325	members of the public each day.
1326	1326	7. A joint resolution proposing an amendment to the State
1327	1327	Constitution must be entered in the Journal in its entirety.
1328	1328	8. An appropriate number of copies of all amended joint
1329	1329	resolutions must be printed.
1330	1330
1331	1331	Rule No. 118.2. Memorial Resolutions.
1332	1332	Once the sponsor has moved for the adoption of a memorial
1333	1333	resolution, not more than one member from each caucus, and,
1334	1334	upon request of a member of the body and the approval of the
1335	1335	Majority Leader, one additional member may speak on the
1336	1336	resolution.
1337	1337
1338	1338	Rule No. 119. Certain Resolutions Treated as Motions.
1339	1339	Except as otherwise provided in Senate Standing Rules Nos.
1340	1340	118 and 118.2, resolutions must be treated as motions in all
1341	1341	proceedings of the Senate.
1342	1342
1343	1343	Rule No. 119.2. Return From the Secretary of State.
1344	1344	A Senate resolution may be used to request the return from the
1345	1345	Secretary of State of an enrolled Senate resolution for further
1346	1346	consideration.
1347	1347
1348	1348	C. ORDER OF BUSINESS, SPECIAL ORDERS AND OTHER MATTERS
1349	1349
1350	1350	Rule No. 120. Order of Business.
1351	1351	1. Roll Call.
1352	1352	2. Prayer and Pledge of Allegiance to the Flag.
1353	1353	3. Reading and Approval of the Journal.
1354	1354	4. Reports of Committees.
1355	1355	– 30 –
1356	1356
1357	1357
1358	1358	- 82nd Session (2023)
1359	1359	5. Messages from the Governor.
1360	1360	6. Messages from the Assembly.
1361	1361	7. Communications.
1362	1362	8. Waivers and Exemptions.
1363	1363	9. Motions, Resolutions and Notices.
1364	1364	10. Introduction, First Reading and Reference.
1365	1365	11. Consent Calendar.
1366	1366	12. Second Reading and Amendment.
1367	1367	13. General File and Third Reading.
1368	1368	14. Unfinished Business.
1369	1369	15. Special Orders of the Day.
1370	1370	16. Remarks from the Floor; Introduction of Guests. A
1371	1371	Senator may speak under this order of business for a period of not
1372	1372	more than 10 minutes.
1373	1373
1374	1374	Rule No. 121. Privilege.
1375	1375	Any Senator may explain a matter personal to himself or
1376	1376	herself by leave of the President, but the Senator shall not discuss
1377	1377	any pending proposal in such explanation.
1378	1378
1379	1379	Rule No. 122. Reserved.
1380	1380
1381	1381	Rule No. 123. Reserved.
1382	1382
1383	1383	Rule No. 124. Preference to Speak.
1384	1384	When two or more Senators request to speak at the same time
1385	1385	the President shall name the one who may first speak—giving
1386	1386	preference, when practicable, to the mover or introducer of the
1387	1387	subject under consideration.
1388	1388
1389	1389	Rule No. 125. Special Order of Business.
1390	1390	The President shall call the Senate to order on the arrival of
1391	1391	the time fixed for the consideration of a special order, and
1392	1392	announce that the special order is before the Senate, which shall
1393	1393	be considered, unless it be postponed by a majority vote of the
1394	1394	Senate, and any business before the Senate at the time of the
1395	1395	announcement of the special order shall go to Unfinished
1396	1396	Business.
1397	1397
1398	1398	Rule No. 126. Reserved.
1399	1399
1400	1400	Rule No. 127. Reserved.
1401	1401
1402	1402	– 31 –
1403	1403
1404	1404
1405	1405	- 82nd Session (2023)
1406	1406	Rule No. 128. Seniority Among Senators.
1407	1407	1. The Senate shall determine seniority among the Senators
1408	1408	as follows:
1409	1409	(a) Credit total continuous service in the Senate first;
1410	1410	(b) Credit total noncontinuous service in the Senate second;
1411	1411	(c) Credit total continuous service in the Assembly third; and
1412	1412	(d) Credit total noncontinuous service in the Assembly fourth.
1413	1413	2. In every case where there are ties, those ties are broken by
1414	1414	alphabetical order.
1415	1415	Rule No. 129. Reserved.
1416	1416
1417	1417	D. CONTESTS OF ELECTIONS
1418	1418
1419	1419	Rule No. 130. Procedure.
1420	1420	1. The Senate shall not dismiss a statement of contest for
1421	1421	want of form if any ground of contest is alleged with sufficient
1422	1422	certainty to inform the defendant of the charges he or she is
1423	1423	required to meet. The following grounds are sufficient, but are not
1424	1424	exclusive:
1425	1425	(a) That the election board or any member thereof was guilty
1426	1426	of malfeasance.
1427	1427	(b) That a person who has been declared elected to an office
1428	1428	was not at the time of election eligible to that office.
1429	1429	(c) That illegal votes were cast and counted for the defendant,
1430	1430	which, if taken from the defendant, will reduce the number of
1431	1431	legal votes below the number necessary to elect him or her.
1432	1432	(d) That the election board, in conducting the election or in
1433	1433	canvassing the returns, made errors sufficient to change the result
1434	1434	of the election as to any person who has been declared elected.
1435	1435	(e) That the defendant has given, or offered to give, to any
1436	1436	person a bribe for the purpose of procuring his or her election.
1437	1437	(f) That there was a possible malfunction of any voting or
1438	1438	counting device.
1439	1439	2. The contest must be submitted so far as may be possible
1440	1440	upon depositions or by written or oral arguments as the Senate
1441	1441	may order. Any party to a contest may take the deposition of any
1442	1442	witness at any time after the statement of contest is filed with the
1443	1443	Secretary of State and before the contest is finally decided. At least
1444	1444	5 days’ notice must be given to the prospective deponent and to the
1445	1445	other party. If oral statements are made at any hearing before the
1446	1446	Senate or a committee thereof which purport to establish matters
1447	1447	of fact, they must be made under oath. Strict rules of evidence do
1448	1448	not apply.
1449	1449	– 32 –
1450	1450
1451	1451
1452	1452	- 82nd Session (2023)
1453	1453	3. The contestant has the burden of proving that any
1454	1454	irregularities shown were of such nature as to establish the
1455	1455	probability that the result of the election was changed thereby.
1456	1456	After consideration of all the evidence, the Senate shall declare
1457	1457	the defendant elected unless the Senate finds from the evidence
1458	1458	that a person other than the defendant received the greatest
1459	1459	number of legal votes, in which case the Senate shall declare that
1460	1460	person elected.
1461	1461
1462	1462	E. REMOTE-TECHNOLOGY SYSTEMS
1463	1463
1464	1464	Rule No. 131. Reserved.
1465	1465
1466	1466	Rule No. 132. Reserved.
1467	1467
1468	1468	Rule No. 133. Reserved.
1469	1469
1470	1470	Rule No. 134. Reserved.
1471	1471
1472	1472	Rule No. 135. Reserved.
1473	1473
1474	1474	Rule No. 136. Authorized Use of Remote-Technology Systems
1475	1475	in Exceptional Circumstances.
1476	1476	1. As used in this Rule, “remote-technology system” means
1477	1477	any system or other means of communication that is:
1478	1478	(a) Approved by the Majority Leader and uses any electronic,
1479	1479	digital or other similar technology to enable a member of the
1480	1480	Senate from a remote location to attend, participate, vote and take
1481	1481	any other action in any proceedings of the Senate or the
1482	1482	Committee of the Whole even though the member is not physically
1483	1483	present within the Senate Chambers or at a meeting of the
1484	1484	Committee of the Whole.
1485	1485	(b) Approved by the chair of a committee, other than the
1486	1486	Committee of the Whole, and uses any electronic, digital or other
1487	1487	similar technology to enable a member of the Senate from a
1488	1488	remote location to attend, participate, vote and take any other
1489	1489	action in any proceedings of the committee even though the
1490	1490	member is not physically present at a meeting of the committee.
1491	1491	2. Upon request by a member of the Senate:
1492	1492	(a) Except as otherwise provided in this paragraph, the
1493	1493	Majority Leader may authorize the member to use a remote-
1494	1494	technology system to attend, participate, vote and take any other
1495	1495	action in any proceedings of the Senate or the Committee of the
1496	1496	– 33 –
1497	1497
1498	1498
1499	1499	- 82nd Session (2023)
1500	1500	Whole if the Majority Leader determines that exceptional
1501	1501	circumstances warrant such use by the member. If the Majority
1502	1502	Leader grants such authorization:
1503	1503	(1) It must be entered in the Journal of the Senate.
1504	1504	(2) A member who uses a remote-technology system to
1505	1505	attend or participate in a proceeding of the Senate may not vote on
1506	1506	any matter on which a vote is taken in that proceeding unless the
1507	1507	member is using the remote-technology system to attend or
1508	1508	participate in the proceeding from a location in this State.
1509	1509	(b) The chair of a committee, other than the Committee of the
1510	1510	Whole, with the approval of the Majority Leader, may authorize
1511	1511	the member to use a remote-technology system to attend,
1512	1512	participate, vote and take any other action in any proceedings of
1513	1513	the committee if the chair and the Majority Leader determine that
1514	1514	exceptional circumstances warrant such use by the member. If the
1515	1515	chair grants such authorization, it must be entered in the records
1516	1516	of the committee.
1517	1517	3. Except as otherwise provided in subparagraph (2) of
1518	1518	paragraph (a) of subsection 2, if a member of the Senate uses a
1519	1519	remote-technology system to attend, participate, vote and take any
1520	1520	other action in any proceedings pursuant to this Rule, the member
1521	1521	shall be deemed to be present and in attendance at the proceedings
1522	1522	for all purposes.
1523	1523	4. For the purposes of voting in proceedings of:
1524	1524	(a) The Committee of the Whole, the Secretary of the Senate,
1525	1525	or an authorized assistant, shall call the roll of each member who
1526	1526	is authorized to use a remote-technology system for the
1527	1527	proceedings and, in accordance with the procedures of the Senate,
1528	1528	cause the member’s vote to be entered into the record for the
1529	1529	purposes of the records of the Committee of the Whole.
1530	1530	(b) A committee, other than the Committee of the Whole, the
1531	1531	committee secretary shall call the roll of each member who is
1532	1532	authorized to use a remote-technology system for the proceedings
1533	1533	and, in accordance with the procedures of the committee, cause
1534	1534	the member’s vote to be entered into the record for the purposes of
1535	1535	the records of the committee.
1536	1536	5. Except as otherwise provided in subsection 7 of Senate
1537	1537	Standing Rule No. 53, this Rule supersedes, takes precedence and
1538	1538	controls over any other rule, provision or principle of law to the
1539	1539	extent of any conflict with this Rule.
1540	1540	6. The Senate hereby finds and declares that:
1541	1541	(a) The Nevada Constitution invests each House of the
1542	1542	Legislature with certain plenary and exclusive constitutional
1543	1543	– 34 –
1544	1544
1545	1545
1546	1546	- 82nd Session (2023)
1547	1547	powers which may be exercised only by that House and which
1548	1548	cannot be usurped, infringed or impaired by the other House or by
1549	1549	any other branch of Nevada’s State Government. (Heller v.
1550	1550	Legislature, 120 Nev. 456 (2004); Commission on Ethics v. Hardy,
1551	1551	125 Nev. 285 (2009); Mason’s Manual of Legislative Procedure §§
1552	1552	2-3 & 560-564 (2010) (Mason’s Manual))
1553	1553	(b) Section 6 of Article 4 of the Nevada Constitution invests
1554	1554	each House with plenary and exclusive constitutional powers to
1555	1555	determine the rules of its proceedings and to govern, control and
1556	1556	regulate its membership and its internal organization, affairs and
1557	1557	management, expressly providing that: “Each House shall judge
1558	1558	of the qualifications, elections and returns of its own members,
1559	1559	choose its own officers (except the President of the Senate),
1560	1560	determine the rules of its proceedings and may punish its members
1561	1561	for disorderly conduct, and with the concurrence of two thirds of
1562	1562	all the members elected, expel a member.”
1563	1563	(c) In addition to its plenary and exclusive constitutional
1564	1564	powers, each House possesses certain inherent powers of
1565	1565	institutional self-protection and self-preservation to govern,
1566	1566	control and regulate its membership and its internal organization,
1567	1567	affairs and management. (In re Chapman, 166 U.S. 661, 668
1568	1568	(1897); Mason’s Manual § 2; Luther S. Cushing, Elements of the
1569	1569	Law & Practice of Legislative Assemblies § 533 (1856) (Cushing’s
1570	1570	Legislative Assemblies))
1571	1571	(d) The inherent powers of each House are considered “so
1572	1572	essential to the authority of a legislative assembly, that it cannot
1573	1573	well exist without them; and they are consequently entitled to be
1574	1574	regarded as belonging to every such assembly as a necessary
1575	1575	incident.” (Cushing’s Legislative Assemblies § 533)
1576	1576	(e) The inherent powers of each House authorize it to take all
1577	1577	necessary and proper institutional actions that are “recognized by
1578	1578	the common parliamentary law.” (Cushing’s Legislative
1579	1579	Assemblies § 684)
1580	1580	(f) Thus, it is well established that each House is “vested with
1581	1581	all the powers and privileges which are necessary and incidental to
1582	1582	a free and unobstructed exercise of its appropriate functions.
1583	1583	These powers and privileges are derived not from the Constitution;
1584	1584	on the contrary, they arise from the very creation of a legislative
1585	1585	body, and are founded upon the principle of self-preservation.”
1586	1586	(Ex parte McCarthy, 29 Cal. 395, 403 (1866))
1587	1587	(g) Under the Nevada Constitution, there are no constitutional
1588	1588	provisions establishing a particular method for determining
1589	1589	– 35 –
1590	1590
1591	1591
1592	1592	- 82nd Session (2023)
1593	1593	whether a member of either House is present at legislative
1594	1594	proceedings.
1595	1595	(h) The United States Supreme Court has held that when there
1596	1596	are no constitutional provisions establishing a particular method
1597	1597	for determining whether a member of a legislative house is present
1598	1598	at legislative proceedings, “it is therefore within the competency of
1599	1599	the house to prescribe any method which shall be reasonably
1600	1600	certain to ascertain the fact.” (United States v. Ballin, 144 U.S. 1,
1601	1601	6 (1892))
1602	1602	(i) The United States Supreme Court has also held that when a
1603	1603	legislative house adopts a rule establishing a reasonable method
1604	1604	for determining whether a member is present at legislative
1605	1605	proceedings, that rule must be given great deference by the courts
1606	1606	because:
1607	1607	Neither do the advantages or disadvantages, the wisdom or
1608	1608	folly, of such a rule present any matters for judicial
1609	1609	consideration. With the courts the question is only one of
1610	1610	power. The constitution empowers each house to determine
1611	1611	its rules of proceedings. It may not by its rules ignore
1612	1612	constitutional restraints or violate fundamental rights, and
1613	1613	there should be a reasonable relation between the mode or
1614	1614	method of proceeding established by the rule and the result
1615	1615	which is sought to be attained. But within these limitations
1616	1616	all matters of method are open to the determination of the
1617	1617	house, and it is no impeachment of the rule to say that some
1618	1618	other way would be better, more accurate, or even more just.
1619	1619	It is no objection to the validity of a rule that a different one
1620	1620	has been prescribed and in force for a length of time. The
1621	1621	power to make rules is not one which once exercised is
1622	1622	exhausted. It is a continuous power, always subject to be
1623	1623	exercised by the house, and, within the limitations
1624	1624	suggested, absolute and beyond the challenge of any other
1625	1625	body or tribunal.
1626	1626
1627	1627	(United States v. Ballin, 144 U.S. 1, 5 (1892))
1628	1628	7. The Senate hereby exercises its constitutional and inherent
1629	1629	powers and privileges and adopts this Rule to:
1630	1630	(a) Govern, control and regulate its membership and its
1631	1631	internal organization, affairs and management;
1632	1632	(b) Ensure its institutional self-protection and self-
1633	1633	preservation; and
1634	1634	– 36 –
1635	1635
1636	1636
1637	1637	- 82nd Session (2023)
1638	1638	(c) Establish a reasonable method for determining whether a
1639	1639	member of the Senate is present at legislative proceedings during
1640	1640	exceptional circumstances.
1641	1641
1642	1642	The next rule is 140.
1643	1643
1644	1644
1645	1645	IX. LEGISLATIVE INVESTIGATIONS
1646	1646
1647	1647	Rule No. 140. Compensation of Witnesses.
1648	1648	Witnesses summoned to appear before the Senate, or any of its
1649	1649	committees, shall be compensated as provided by law for witnesses
1650	1650	required to attend in the courts of the State of Nevada.
1651	1651
1652	1652	And be it further
1653	1653	RESOLVED, That this resolution becomes effective upon
1654	1654	adoption.
1655	1655
1656	1656	20 ~~~~~ 23