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RESOLUTIONS AND MEMORIALS

________

 

FILE NUMBER 1, AR 1

Assembly Resolution No. 1–Assemblymen Perkins, Buckley and Hettrick

 

FILE NUMBER 1

 

Assembly RESOLUTION—Adopting the Rules of the Assembly for the 21st Special Session of the Nevada Legislature.

 

      Resolved by the Assembly of the State of Nevada, That the following Rules of the Assembly for the 21st Special Session of the Legislature are hereby adopted:

 

I.  APPLICABILITY

 

Rule No. 1.  Generally.

      The Rules of the Assembly for the 21st Special Session of the Legislature are applicable only during the 21st Special Session of the Legislature.

 

II.  OFFICERS AND EMPLOYEES

 

Rule No. 2.  Speaker of the Assembly.

      1.  All officers of the Assembly are subordinate to the Speaker in all that relates to the prompt, efficient and correct discharge of their official duties under the Speaker’s supervision.

      2.  Possessing the powers and performing the duties described in this rule, the Speaker shall:

      (a) Take the chair at the hour to which the Assembly will be meeting, call the members to order and, upon the appearance of a quorum, proceed to business.

      (b) Preserve order and decorum and have general direction of the Chamber of the Assembly and the approaches thereto. In the event of any disturbance or disorderly conduct therein, order the same to be cleared.

      (c) Decide all questions of order, subject to a member’s right to appeal to the Assembly. On appeal from such decisions, the Speaker has the right, in the Speaker’s place, to assign the reason for the decision.

      (d) Have the right to name any member to perform the duties of the chair, but such substitution must not extend beyond one legislative day.

      (e) If the Assembly resolves itself into a Committee of the Whole, preside as Chairman of the Committee or name a Chairman to preside thereover and call him to the chair.

      (f) Have the power to accredit the persons who act as representatives of the news media and assign them seats.

      (g) Sign all bills and resolutions passed by the Legislature as provided by law.

      (h) Sign all subpoenas issued by the Assembly.

 


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      (i) Receive all messages and communications from other departments of the government and announce them to the Assembly.

      (j) Represent the Assembly, declare its will and in all things obey its commands.

      (k) Vote on final passage of a bill or resolution, but the Speaker shall not be required to vote in ordinary legislative proceedings except where the Speaker’s vote would be decisive. In all yea and nay votes, the Speaker’s name must be called last.

      3.  If a vacancy occurs in the office of Speaker, through death, resignation or disability of the Speaker, the Speaker Pro Tempore shall temporarily and for the period of vacancy or disability conduct the necessary business of the Assembly.

      4.  If a permanent vacancy occurs in the office of Speaker, the Assembly shall select a new Speaker.

 

Rule No. 3.  Reserved.

 

Rule No. 4.  Reserved.

 

Rule No. 5.  Reserved.

 

Rule No. 6.  Reserved.

 

The next rule is 10.

 

III.  MEETINGS

 

Rule No. 10.  Reserved.

 

Rule No. 11.  Open Meetings.

      1.  Except as otherwise provided in the Constitution of the State of Nevada and in subsection 2 of this rule, all meetings of the Assembly and the Committee of the Whole must be open to the public.

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

 

Rule No. 12.  Motion to Rise Committee of the Whole.

      A motion that the Committee of the Whole rise is always in order, and must be decided without debate.

 

The next rule is 20.

 

IV.  DECORUM AND DEBATE

 

Rule No. 20.  Points of Order.

      If any member, in speaking or otherwise, transgresses the Rules of the Assembly, the Speaker shall, or any member may, call to order, in which case the member so called to order shall immediately sit down, unless permitted to explain; and if called to order by a member, such member shall immediately state the point of order. If the point of order be sustained by the presiding officer, the member shall not be allowed to proceed; but if it be not sustained, then he shall be permitted to go on.

 


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it be not sustained, then he shall be permitted to go on. Every such decision from the presiding officer shall be subject to an appeal to the House; but no discussion of the question of order shall be allowed unless an appeal be taken from the decision of the presiding officer.

 

Rule No. 21.  Portable electronic communication devices.

      1.  A person who is within the Assembly Chambers shall not engage in a telephone conversation via the use of a portable telephone.

      2.  Before entering the Assembly Chambers, any person who possesses a portable electronic communication device, such as a pager or telephone, that emits an audible alert, such as a ringing or beeping sound, to signal an incoming message or call shall turn the audible alert off. A device that contains a nonaudible alert, such as a silent vibration, may be operated in a nonaudible manner within the Assembly Chambers.

 

Rule No. 22.  Reserved.

 

Rule No. 23.  Reserved.

 

The next rule is 30.

 

V.  QUORUM, VOTING, ELECTIONS

 

Rule No. 30.  Manner of Voting.

      1.  The presiding officer shall declare all votes, but the yeas and nays must be taken when called for by three members present, and the names of those calling for the yeas and nays must be entered in the Journal by the Chief Clerk.

      2.  The presiding officer shall call for yeas and nays by a division or by a roll call, either electronic or oral.

      3.  When taking the yeas and nays on any question, the electronic roll call system may be used, and when so used shall have the force and effect of any roll call under these Rules.

      4.  When taking the yeas and nays by oral roll call, the Chief Clerk shall take the names of members alphabetically, except that the Speaker’s name must be called last.

      5.  The electronic roll call system may be used to determine the presence of a quorum.

      6.  The yeas and nays must not be taken with the electronic roll call system until all members present are at their desks. The presiding officer may vote at the rostrum.

      7.  Only a member who is physically present within the Assembly Chambers may cast a vote in the Assembly.

      8.  A member shall not vote for another member on any roll call, either electronic or oral. Any member who votes for another member may be punished in any manner deemed appropriate by the Assembly.

 

Rule No. 31.  Reserved.

 

 

 

 

 


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Rule No. 32.  Announcement of the Vote.

      1.  A member may change his vote at any time before the announcement of the vote if the voting is by voice, or at any time before the votes are electronically recorded if the voting is conducted electronically.

      2.  The announcement of the result of any vote shall not be postponed.

 

Rule No. 33.  Voting by Division.

      Upon a division and count of the Assembly on any question, no person without the bar shall be counted.

 

The next rule is 39.

 

VI.  LEGISLATIVE BODIES

 

Rule No. 39.  Committee of the Whole.

      1.  All bills and resolutions may be referred to the Committee of the Whole.

      2.  All amendments proposed by the Committee:

      (a) Must first be approved by the Committee.

      (b) Must be reported by the Chairman to the Assembly.

      3.  The minutes of the Committee’s meeting must be entered in the final Journal.

 

Rule No. 40.  Reserved.

 

Rule No. 41.  Appointment of Committees.

      All committees must be appointed by the Speaker, unless otherwise directed by the Assembly. The Speaker shall determine the appropriate number of members for each committee and shall designate the chairman and vice chairman of each committee.

 

Rule No. 42.  Committee Action.

      1.  The committee shall have meetings in accordance with the direction of the Assembly leadership. A quorum of the committee is a majority of its appointed members and may transact business except as limited by this rule.

      2.  Except as limited by this rule, a simple majority of those present may move, second and pass a motion by voice vote.

      3.  Definite action on a bill or resolution will require a majority of the entire committee.

      4.  A two-thirds majority of the entire committee is required to reconsider action on a bill or resolution.

      5.  The chairman shall vote on all final action regarding bills or resolutions.

      6.  No member of the committee may vote by proxy under any circumstances.

      7.  A committee shall not take a vote on the question of whether to exercise its statutory authority to issue a legislative subpoena unless the chairman has informed the Speaker of the intention of the committee to consider such a question.

 

 

 


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Rule No. 43.  Subcommittees.

      Subcommittees made up of committee members may be appointed by the chairman to consider and report back on specific subjects or bills.

 

Rule No. 44.  Reserved.

 

Rule No. 45.  Request for Drafting of Bill, Resolution or Amendment.

      Except as otherwise provided in this rule, the Legislative Counsel shall not honor a request for the drafting of a bill, resolution or amendment to be introduced in the Assembly, unless it is submitted by the Committee of the Whole, a conference committee or the Governor. The Speaker may request the drafting of one bill for the 21st Special Session of the Legislature without seeking additional approval.

 

Rule No. 46.  Committee Action on Reports.

      Committee reports must be adopted at a committee session actually assembled and meeting as a committee with a quorum present. Every committee vote on a matter pertaining to a bill or resolution must be recorded. The vote may be taken by roll call at the discretion of the chairman.

 

Rule No. 47.  Committee Records.

      The chairman of each committee shall keep, or cause to be kept, a complete record of the committee proceedings in which there must be entered:

      1.  The time and place of each meeting;

      2.  The attendance and absence of members;

      3.  The names of all persons appearing before the committee, with the names of persons, firms, corporations or associations in whose behalf such appearance is made; and

      4.  The subjects or measures considered and action taken.

 

Rule No. 48.  Disposition of Committee Records.

      1.  All minutes, records and documents in the possession of committees and their chairmen must be filed in the offices of the Legislative Counsel Bureau upon adjournment sine die.

      2.  Minutes, records and documents of any meeting which was closed to the public do not become public unless the committee which held the closed meeting determines that the matters discussed no longer require confidentiality.

 

Rule No. 49.  Reserved.

 

Rule No. 50.  Reserved.

 

Rule No. 51.  Reserved.

 

Rule No. 52.  Reserved.

 

The next rule is 60.

 

 

 


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VII.  RULES GOVERNING MOTIONS

 

A.  Procedure

 

Rule No. 60.  Entertaining.

      No motion may be debated until it is distinctly announced by the presiding officer. If desired by the presiding officer or any member, the motion must be reduced to writing and be read by the Chief Clerk before the motion is debated. A motion may be withdrawn by the maker at any time before amendment or before the motion is put to vote.

 

Rule No. 61.  Reserved.

 

Rule No. 62.  Reserved.

 

B.  Particular Motions

 

Rule No. 63.  Reserved.

 

Rule No. 64.  Reserved.

 

Rule No. 65.  Indefinite Postponement.

      When a question is postponed indefinitely, the same question must not be considered again during the 21st Special Session of the Legislature and the question is not subject to a motion for reconsideration.

 

Rule No. 66.  To Strike Enacting Clause.

      A motion to strike out the enacting clause of a bill or resolution does not take precedence over any other subsidiary motion. If the motion is carried, it shall be considered equivalent to the rejection of such bill or resolution.

 

Rule No. 67.  Division of Question.

      Any member may call for a division of the question, which shall be divided, if it comprehends propositions in substance so distinct that, one being taken away, a substantive proposition shall remain for the decision of the Assembly. A motion to strike out being lost shall preclude neither amendment nor a motion to strike out and insert. A motion to strike out and insert shall be deemed indivisible.

 

Rule No. 68.  To Reconsider.

      No motion to reconsider a vote is in order.

 

The next rule is 80.

 

VIII.  DEBATE

 

Rule No. 80.  Speaking on Question.

      No member shall speak more than twice during the consideration of any one question, on the same day, and at the same stage of proceedings, without leave. Members who have once spoken shall not again be entitled to the floor (except for explanation) to the exclusion of others who have not spoken.

 


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to the floor (except for explanation) to the exclusion of others who have not spoken.

 

Rule No. 81.  Previous Question.

      The previous question shall be put only when demanded by three members. The previous question shall not be moved by the member last speaking on the question.

 

Rule No. 82.  Privilege of Closing Debate.

      The author of a bill, a resolution or a main question shall have the privilege of closing the debate, unless the previous question has been sustained.

 

The next rule is 90.

 

IX.  CONDUCT OF BUSINESS

 

A.  Rules and Procedure

 

Rule No. 90.  Mason’s Manual.

      The rules of parliamentary practice contained in Mason’s Manual of Legislative Procedure shall govern the Assembly and its committees in all cases in which they are applicable and in which they are not inconsistent with the rules and orders of the Assembly for the 21st Special Session of the Legislature, and the Joint Rules of the Senate and Assembly for the 21st Special Session of the Legislature.

 

Rule No. 91.  Rescission, Change or Suspension of Rule.

      No rule or order of the Assembly for the 21st Special Session of the Legislature may be rescinded or changed without a vote of two-thirds of the members elected, and one day’s notice being given of the motion therefor; but a rule or order may be suspended temporarily by a vote of two-thirds of the members present.

 

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

      1.  Except as otherwise provided in subsection 3, all committees shall provide adequate notice of public hearings on bills, resolutions or other topics which are to come before the committees. The notice must include the date, time, place and agenda to be covered. To the extent practicable, the notice must be posted conspicuously in the legislative building, appear in the daily history and be made available to the news media. The daily history must include the most current version of the notice that is available at the time the daily history is created and an informational statement informing the public where more current information, if any, regarding such notices may be found.

      2.  The noticing requirements of this rule may be suspended for emergency situations but only after approval by a two-thirds vote of a committee.

      3.  Subsection 1 does not apply to:

      (a) Committee meetings held on the floor of the Assembly during a recess; or

      (b) Conference committee meetings.

 


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Rule No. 93.  Reserved.

 

Rule No. 94.  Privilege of the Floor and Lobbying.

      No person, except Senators, former Assemblymen and state officers, may be admitted at the bar of the Assembly, except by special invitation on the part of some member; but a majority may authorize the Speaker to have the Assembly cleared of all such persons. No person may do any lobbying upon the floor of the Assembly at any time, and it is the duty of the Sergeant at Arms to remove any person violating any of the provisions of this rule.

 

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

      All papers, letters, notes, pamphlets and other written material placed upon an Assemblyman’s desk shall contain the signature of the Legislator requesting the placement of such material on the desk or shall contain a designation of the origin of such material. This rule does not apply to books containing the legislative bills and resolutions, the legislative daily histories, the legislative daily journals or Legislative Counsel Bureau material.

 

Rule No. 96.  Peddling, Begging and Soliciting.

      1.  Peddling, begging and soliciting are strictly forbidden in the Assembly Chamber, and in the lobby, gallery and halls adjacent thereto.

      2.  No part of the Assembly Chamber may be used for, or occupied by signs or other devices for any kind of advertising.

      3.  No part of the hallways adjacent to the Assembly Chambers may be used for or occupied by signs or other devices for any kind of advertising for commercial or personal gain. Notices for nonprofit, nonpartisan, civic or special legislative events may be posted in a designated area of the hallways adjacent to the Assembly Chambers with the approval of the Chief Clerk.

 

Rule No. 97.  Petitions and Memorials.

      Petitions, memorials and other papers addressed to the Assembly shall be presented by the Speaker, or by a member in the Speaker’s place. A brief statement of the contents thereof shall be made by the introducer. They shall not be debated on the day of their being presented, but shall be on the table, or be referred, as the Assembly shall determine.

 

Rule No. 98.  Request of Purpose.

      A member may request the purpose of a bill or joint resolution upon its introduction.

 

Rule No. 99.  Remarks.

      It shall be in order for members to make remarks and to have such remarks entered in the Journal.

 

Rule No. 100.  Precedence of Parliamentary Authority.

      The precedence of parliamentary authority in the Assembly is:

      1.  The Constitution of the State of Nevada.

 


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      2.  The Rules of the Assembly for the 21st Special Session of the Legislature and the Joint Rules of the Senate and Assembly for the 21st Special Session of the Legislature.

      3.  The Statutes of the State of Nevada.

      4.  Mason’s Manual of Legislative Procedure.

 

Rule No. 101.  Reserved.

 

Rule No. 102.  Privileged Questions.

      Privileged questions have precedence of all others in the following order:

      1.  Motions to fix the time to which the Assembly shall adjourn.

      2.  Motions to adjourn.

      3.  Questions relating to the rights and privileges of the Assembly or any of its members.

      4.  A call of the House.

      5.  Motions for special orders.

 

Rule No. 103.  Reserved.

 

B.  Bills

 

Rule No. 104.  Reserved.

 

Rule No. 105.  Substitute Bills.

      A substitute bill shall be deemed and held to be an amendment, and treated in all respects as such. However, a substitute bill may be amended after its adoption, in the same manner as if it were an original bill.

 

Rule No. 106.  Skeleton Bills.

      The introduction of skeleton bills is not authorized.

Rule No. 107.  Reserved.

 

Rule No. 108.  Reserved.

 

Rule No. 109.  Reading of Bills.

      The presiding officer shall announce at each reading of a bill whether it be the first, second or third reading. The first reading of a bill shall be for information. If there is objection, the question shall be, “Shall the bill be rejected?” If the question to reject fails to receive a majority vote by the members present, or if there is no objection, the bill shall take the proper course. No bill shall be referred to a committee until after the first reading, nor amended until after the second reading.

 

Rule No. 110.  Second Reading and Amendment of Bills.

      1.  All bills must be read the second time after which they are reported by committee. Upon second reading, Assembly bills reported without amendments shall be placed on the General File and Senate bills reported without amendments shall be placed on the General File. Committee amendments reported with bills shall be considered upon their second reading, and such amendments may be adopted by a majority vote of the members present.

 


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members present. Any amendment which is numbered, copied and made available to all members must be moved and voted upon by number unless any member moves that it be read in full. Assembly bills so amended must be reprinted, engrossed and placed on the General File. Senate bills so amended must be reprinted, then engrossed or reengrossed, as applicable, and placed on the General File.

      2.  Only amendments proposed by the Committee of the Whole or a conference committee may be considered on the floor of the Assembly. Such a motion to amend may be adopted on the floor of the Assembly by a majority vote of the members present. Bills so amended on second reading must be treated the same as bills with amendments proposed by a committee. Any bill so amended upon the General File must be reprinted and then engrossed or reengrossed, as applicable.

      3.  The reprinting of amended bills may be dispensed with only in accordance with the provisions of law.

 

Rule No. 111.  Consent Calendar.

      1.  A committee may by unanimous vote of the members present report a bill with the recommendation that it be placed on the Consent Calendar. The question of recommending a bill for the Consent Calendar may be voted upon in committee only after the bill has been recommended for passage and only if no amendment is recommended.

      2.  The Chief Clerk shall maintain a list of bills recommended for the Consent Calendar. The list must be printed in the daily history and must include the summary of each bill and the date the bill is scheduled for consideration on final passage.

      3.  At any time before the presiding officer calls for a vote on the passage of the consent calendar, a member may give written notice to the Chief Clerk or state orally from the floor of the Assembly in session that he requests the removal of a particular bill from the consent calendar. If a member so requests, the Chief Clerk shall remove the bill from the consent calendar and transfer it to the second reading file. A bill removed from the consent calendar may not be restored to that calendar.

      4.  During floor consideration of the consent calendar, members may ask questions and offer explanations relating to the respective bills.

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

 

Rule No. 112.  Reserved.

 

Rule No. 113.  General File.

      All bills reported to the Assembly, after receiving their second readings must be placed upon a General File, to be kept by the Chief Clerk. Bills must be taken from the General File and acted upon in the order in which they were reported, unless otherwise specially ordered by the Assembly. But engrossed bills shall be placed at the head of the file, in the order in which they are received. The Chief Clerk shall post a daily statement of the bills on the General File, setting forth the order in which they are filed and specifying the alterations arising from the disposal of business each day. The Chief Clerk shall likewise post notices of special orders as made.

 

 


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Rule No. 114.  Reserved.

 

Rule No. 115.  Reserved.

 

Rule No. 116.  Reserved.

 

Rule No. 117.  Reserved.

 

C.  Resolutions

 

Rule No. 118.  Treated as Bills—Joint Resolutions.

      The procedure of enacting joint resolutions must be identical to that of enacting bills. However, joint resolutions proposing amendments to the Constitution must be entered in the Journal in their entirety.

 

Rule No. 119.  Reserved.

 

D.  Order of Business

 

Rule No. 120.  Order of Business.

      The Order of Business must be as follows:

      1.  Call to Order.

      2.  Reading and Approval of Journal.

      3.  Presentation of Petitions.

      4.  Reports of the Standing Committees.

      5.  Reports of the Committee of the Whole.

      6.  Communications.

      7.  Messages from the Senate.

      8.  Motions, Resolutions and Notices.

      9.  Introduction, First Reading and Reference.

      10.  Consent Calendar.

      11.  Second Reading and Amendment.

      12.  General File and Third Reading.

      13.  Unfinished Business of Preceding Day.

      14.  Special Orders of the Day.

      15.  Remarks from the Floor, limited to 10 minutes.

 

Rule No. 121.  Reserved.

 

Rule No. 122.  Reserved.

 

Rule No. 123.  Reserved.

 

Rule No. 124.  Reserved.

 

Rule No. 125.  Reserved.

 

Rule No. 126.  Reserved.

 

Rule No. 127.  Reserved.

 

Rule No. 128.  Reserved.

 


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The next rule is 140.

 

X.  MISCELLANEOUS

 

Rule No. 140.  Reserved.

 

Rule No. 141.  Use of the Assembly Chamber.

      The Assembly Chamber shall not be used for any public or private business other than legislative, except by permission of the Assembly.

 

XI.  PROCEDURE FOR CONSIDERATION OF ARTICLES OF IMPEACHMENT

 

Rule No. 142.  Organization.

      1.  The Committee of the Whole shall commence hearings at such time and place as determined by the Chairman of the Committee. Recesses and adjournments shall be determined by the Chairman.

      2.  The Committee shall study and investigate the alleged activities of the State Controller to determine whether to adopt Articles of Impeachment.

      3.  Upon conclusion of its investigation and at such other times as the Committee deems appropriate, the Committee shall report to the Assembly such resolutions, Articles of Impeachment or other recommendations that it deems proper.

 

Rule No. 143.  Powers.

      The Committee of the Whole has all powers granted to the Legislature to investigate and conduct hearings. Pursuant to those powers, the Committee may issue subpoenas for witnesses, documents, records and any other relevant evidence, may administer oaths, take and record testimony, and hold a person in contempt for disobeying a subpoena.

 

Rule No. 144.  Eligibility of Members of the Assembly.

      1.  Notwithstanding the provisions of NRS 281.501, each member of the Assembly is, by virtue of his office, eligible to participate and vote in the impeachment proceedings, and no member of the Assembly is subject to disqualification.

      2.  Members of the Assembly must not be absent during a hearing of the Committee of the Whole concerning the Articles of Impeachment without permission of the Chairman.

 

Rule No. 145.  Hearings.

      The Chairman of the Committee of the Whole shall determine whether, and the extent and manner to which, cameras or other audio or visual recording devices and ancillary lighting and electrical equipment will be allowed during the hearings.

 

Rule No. 146.  Evidence.

      1.  The Committee of the Whole may consider such evidence during its hearings as the Chairman of the Committee deems appropriate.

      2.  Formal rules of evidence do not apply to the hearings of the Committee.

 


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      3.  The Chairman of the Committee shall rule on the admissibility of all evidence presented to the Committee.

      4.  If a member of the Committee wishes to receive additional relevant testimony or other evidence not presented, the member may submit a written request to the Chairman which describes the relevance of the other testimony or evidence. If additional testimony is requested, the request must also describe the nature and expectation of the testimony of the witness. The Chairman shall decide whether to grant the request.

 

Rule No. 147.  Witnesses.

      1.  Witnesses will be allowed upon approval of the Chairman of the Committee of the Whole.

      2.  Only persons called as witnesses by the Committee may testify. Any other person who wishes to testify may petition the Committee for permission to testify by presenting a written statement of the substance of the proposed testimony. The Chairman shall determine whether to allow the person to testify.

      3.  Before any witness provides testimony or gives a statement, the Chairman, or a person designated by the Chairman, shall administer to the witness the following oath:

 

“Do you solemnly swear that the testimony and any evidence you shall give in this matter shall be the truth, the whole truth, and nothing but the truth?”

 

      4.  All questions posed to witnesses must be relevant to the investigation. The Chairman of the Committee shall rule on all questions of relevancy.

      5.  A witness, other than a party, who is called to testify before the Committee may have his attorney present only for the purposes of providing consultation and advice.

 

Rule No. 148.  Other rules.

      Rules 1 to 141, inclusive, of the Rules of the Assembly for the 21st Special Session of the Legislature shall apply to proceedings of the Committee of the Whole concerning the Articles of Impeachment, except to the extent they conflict with any procedural rules for the consideration of Articles of Impeachment set forth in Rules 142 to 151, inclusive, of the Rules of the Assembly for the 21st Special Session of the Legislature.

 

Rule No. 149.  Report by the Committee of the Whole.

      1.  Upon completion of its duties with respect to consideration of the Articles of Impeachment, the Committee of the Whole shall rise and the Assembly shall reconvene to receive the report from the Committee.

      2.  The Chairman of the Committee, or members of the Committee designated by the Chairman, shall present the report of the Committee to the Assembly.

 

Rule No. 150.  Voting on Articles of Impeachment.

      The Assembly shall vote on any proposed Article of Impeachment separately. If the Assembly approves any Article of Impeachment by the affirmative vote of the majority of the members elected to the Assembly, the Articles of Impeachment must be delivered by the Chief Clerk of the Assembly to the President of the Senate.

 


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Articles of Impeachment must be delivered by the Chief Clerk of the Assembly to the President of the Senate. The Speaker shall appoint a committee consisting of three members of the Assembly to present the Articles of Impeachment to the Senate.

 

Rule No. 151.  Additional rulings on procedure.

      The Chairman of the Committee of the Whole may adopt such additional procedures as the Chairman deems necessary for the conduct of the Committee hearings so long as such additional procedures do not conflict with Rules 142 to 150, inclusive, of the Rules of the Assembly for the 21st Special Session of the Legislature.

________

 

FILE NUMBER 2, AR 2

Assembly Resolution No. 2–Assemblymen Perkins, Buckley and Hettrick

 

FILE NUMBER 2

 

Assembly RESOLUTION—Providing that no allowances will be paid for the 21st Special Session of the Nevada Legislature for periodicals, stamps, stationery or communications.

 

      Resolved by the Assembly of the State of Nevada, That for the 21st Special Session of the Nevada Legislature, no allowances will be paid for members of the Assembly for periodicals, stamps, stationery or the use of telephones and no allowances will be paid for the Speaker, Speaker Pro Tempore, Majority Leader, Minority Leader or chairman of a committee of the Assembly for postage, telephone tolls or other charges for communications.

________

 

FILE NUMBER 3, AR 3

Assembly Resolution No. 3–Assemblymen Perkins, Buckley and Hettrick

 

FILE NUMBER 3

 

Assembly RESOLUTION—Providing for the appointment of Assembly attaches.

 

      Resolved by the Assembly of the State of Nevada, That the following persons are elected as attaches of the Assembly for the 21st Special Session of the Nevada Legislature: Rusty Aldrich, Mary Garcia, Carole Snider, Heidi Coker, Jerry Pieretti, Nancy Haywood, Matthew Baker, Harle Glover, Diane Keetch, Kathryn Fosnaugh, Lucinda Benjamin, Theresa Horgan, William E. Fowler, June Rigsby, Patricia Blackburn, Maxine Milabar, Jasmine Shackley, Victoria Thompson, Terry Sullivan, Robin Bates, Andrea Touyarot, Kathryn Alden and Barbara Houger.

________

 


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ê2004 Statutes of Nevada, 21st Special Session, Page 17ê

 

FILE NUMBER 4, SCR 1

Senate Concurrent Resolution No. 1–Senators Raggio and Titus

 

Joint Sponsors: Assemblymen Perkins, Buckley and Hettrick

 

FILE NUMBER 4

 

SENATE Concurrent RESOLUTION—Expressing the mutual consent of the Senate and the Assembly to such adjournments as are necessary to carry out the business of the 21st Special Session of the Nevada Legislature.

 

      Resolved by the Senate of the State of Nevada, the Assembly Concurring, That in compliance with Section 15 of Article 4 of the Nevada Constitution, the Senate and the Assembly hereby each consent to the adjournment of the other house upon the conclusion of its legislative business on any legislative day of the 21st Special Session of the Nevada Legislature until such date and time as may be agreed upon by the members of that House or as indicated by the Presiding Officer of that House.

________

 

FILE NUMBER 5, SR 1

Senate Resolution No. 1–Senators Raggio and Titus

 

FILE NUMBER 5

 

Senate RESOLUTION—Adopting the Rules of the Senate for the 21st Special Session of the Nevada Legislature.

 

      Resolved by the Senate of the State of Nevada, That the following Rules of the Senate for the 21st Special Session of the Legislature are hereby adopted.

 

I.  APPLICABILITY

 

Rule No. 1.  Generally.

      The Rules of the Senate for the 21st Special Session of the Legislature are applicable only during the 21st Special Session of the Legislature.

 

II.  OFFICERS AND EMPLOYEES

 

Duties of Officers

 

Rule No. 2.  President.

      The President shall take the chair and call the Senate to order precisely at the hour appointed for meeting. He shall preserve order and decorum, and in case of any disturbance or disorderly conduct within the Senate Chamber, shall order the Sergeant at Arms to suppress it, and may order the arrest of any person creating any disturbance within the Senate Chamber. He may speak to points of order in preference to members, rising from his seat for that purpose, and shall decide questions of order without debate, subject to an appeal to the Senate by two members, on which appeal no member may speak more than once without leave of the Senate.

 


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ê2004 Statutes of Nevada, 21st Special Session, Page 18 (File Number 5, SR 1)ê

 

without debate, subject to an appeal to the Senate by two members, on which appeal no member may speak more than once without leave of the Senate. He shall sign all acts, addresses and joint resolutions, and all writs, warrants and subpoenas issued by order of the Senate; all of which must be attested by the Secretary. He has general direction of the Senate Chamber.

 

Rule No. 3.  President Pro Tem.

      The President Pro Tem has all the power and shall discharge all the duties of the President during his absence or inability to discharge the duties of his office. In the absence or inability of the President Pro Tem to discharge the duties of the President’s office, the Senate shall elect one of its members as the presiding officer for that occasion.

 

Rule No. 4.  Secretary.

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

      (a) Interview and recommend persons to be considered for employment to assist the Secretary.

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

      (c) Administer the daily business of the Senate, including the provision of secretaries as needed.

      (d) Unless otherwise ordered by the Senate, transmit as soon as practicable 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.

 

Rule No. 5.  Sergeant at Arms.

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

      2.  The Sergeant at Arms shall:

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

      (b) Interview and recommend persons to be considered for employment to assist the Sergeant at Arms.

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

 

Rule No. 6.  Assistant Sergeant at Arms.

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

 

III.  SESSIONS AND MEETINGS

 

Rule No. 7.  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.

 


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ê2004 Statutes of Nevada, 21st Special Session, Page 19 (File Number 5, SR 1)ê

 

Rule No. 8.  Absence—Leave Required.

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

 

Rule No. 9.  Open Meetings.

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

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

 

IV.  DECORUM AND DEBATE

 

Rule No. 10.  Points of Order.

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

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

 

Rule No. 11.  Breaches of Decorum.

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

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

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

 

V.  QUORUM, VOTING, ELECTIONS

 

Rule No. 12.  Action Required to be Taken in Senate Chamber.

      Any action taken by the Senate must be taken in the Senate Chamber.

 

Rule No. 13.  Recorded Vote—Three Required to Call For.

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

 


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ê2004 Statutes of Nevada, 21st Special Session, Page 20 (File Number 5, SR 1)ê

 

      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. 14.  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. 15.  Manner of Election—Voting.

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

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

      (a) Vote except when at his seat;

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

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

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

 

VI.  LEGISLATIVE BODIES

 

Rule No. 16.  Committee of the Whole.

      1.  All bills and resolutions may be referred only to the Committee of the Whole.

      2.  The Majority Leader shall preside as Chairman of the Committee or name a Chairman to preside.

      3.  Any meeting of the Committee of the Whole may be conducted outside the Senate Chamber, as designated by the Chairman of the Committee.

      4.  The Chairman may require any vote of the Committee to be recorded in the manner designated by the Chairman.

      5.  All amendments proposed by the Committee:

      (a) Must first be approved by the Committee.

      (b) Must be reported by the Chairman to the Senate.

      6.  The minutes of the Committee’s meetings must be entered in the final Journal.

 

Rule No. 17.  Rules Applicable to Committee of the Whole.

      1.  The Rules of the Senate shall apply to proceedings in Committee of the Whole, except that:

      (a) The previous question shall not be ordered; and

      (b) The Rules of the Senate for the 21st Special Session of the Legislature do not apply to the extent they conflict with any procedural rules adopted by the Senate for consideration of Articles of Impeachment when the Committee of the Whole is conducting proceedings on impeachment.

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

 

 


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ê2004 Statutes of Nevada, 21st Special Session, Page 21 (File Number 5, SR 1)ê

 

Rule No. 18.  Motion to Rise Committee of the Whole.

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

 

VII.  RULES GOVERNING MOTIONS

 

A.  Motions Generally

 

Rule No. 19.  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. 20.  Precedence of Motions.

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

      1.  To adjourn.

      2.  For a call of the Senate.

      3.  To lay on the table.

      4.  For the previous question.

      5.  To postpone to a day certain.

      6.  To commit.

      7.  To amend.

      8.  To postpone indefinitely.

Ê The first four shall be decided without debate.

 

Rule No. 21.  When Not Entertained.

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

      2.  When a question has been postponed indefinitely, it must not again be introduced during the Special Session.

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

 

B.  Particular Motions

 

Rule No. 22.  To Adjourn.

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

 

Rule No. 23.  Lay on the Table.

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

 

Rule No. 24.  To Strike Enacting Clause.

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

 

 


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ê2004 Statutes of Nevada, 21st Special Session, Page 22 (File Number 5, SR 1)ê

 

Rule No. 25.  Division of Question.

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

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

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

 

Rule No. 26.  Explanation of Motion.

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

 

VIII.  DEBATE

 

Rule No. 27.  Speaking on Question.

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

      2.  Except as otherwise provided in Senate Rules Nos. 10 and 46 of the 21st Special Session of the Legislature, a Senator may speak only once on a question before the Senate, for a period of not more than 10 minutes, unless he is granted leave of the President to speak for a longer period or more than once. If a Senator is granted leave to speak for a longer period or more than once, the President may limit the length of additional time that the member may speak.

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

 

Rule No. 28.  Previous Question.

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

 

IX.  CONDUCT OF BUSINESS

 

A.  Generally

 

Rule No. 29.  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 rules and orders of the Senate for the 21st Special Session of the Legislature, and the Joint Rules of the Senate and Assembly for the 21st Special Session of the Legislature.

 

 

 


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ê2004 Statutes of Nevada, 21st Special Session, Page 23 (File Number 5, SR 1)ê

 

Rule No. 30.  Suspension of Rule.

      No rule or order of the Senate for the 21st Special Session of the Legislature shall be rescinded or changed without a majority vote of the Senate; but, except as otherwise provided in Senate Rule No. 39 of the 21st Special Session of the Legislature, 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, he can announce the rule suspended and the Senate may proceed accordingly; but this shall not apply to that portion of Senate Rule No. 39 of the 21st Special Session of the Legislature relating to the third reading of bills, which cannot be suspended.

 

Rule No. 31.  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. 32.  Privilege of the Floor.

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

      (a) State officers;

      (b) Officers and members of the Senate;

      (c) Employees of the Legislative Counsel Bureau;

      (d) Attaches and employees of the Senate; and

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

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

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

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

 

Rule No. 33.  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. 34.  Petitions and Memorials.

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

 

 

 


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ê2004 Statutes of Nevada, 21st Special Session, Page 24 (File Number 5, SR 1)ê

 

Rule No. 35.  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. 36.  Questions Relating to Priority of Business.

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

 

B.  Bills

 

Rule No. 37.  Requests for the Drafting of Bills, Resolutions and Amendments.

      The Legislative Counsel shall not honor a request for the drafting of a bill, resolution or amendment to be introduced in the Senate unless it is submitted by the Committee of the Whole, a conference committee or the Governor.

 

Rule No. 38.  Introduction of Bills.

      1.  Except as otherwise provided in this rule, no bill or resolution may be introduced in the Senate unless it is first approved by the Committee of the Whole.

      2.  The provisions of subsection 1 do not apply to a bill or resolution that is:

      (a) Required to carry out the business of the Senate or the Legislature; or

      (b) Requested by the Governor.

      3.  Skeleton bills may not be introduced.

 

Rule No. 39.  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 members elected to the Senate.

      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 receive no further consideration?” If there is no opposition to the bill, or if the question to reject is defeated, the bill must then take the usual course.

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

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

 

Rule No. 40.  Second Reading File—Consent Calendar.

      1.  All bills or joint resolutions reported by the Committee of the Whole must be placed on a Second Reading File unless recommended for placement on the Consent Calendar.

      2.  The Committee of the Whole shall not recommend a bill or joint resolution for placement on the Consent Calendar if:

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

      (b) It contains an appropriation;

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

      (d) It is controversial in nature.

      3.  A bill or joint resolution must be removed from the Consent Calendar at the request of any Senator. A bill or joint resolution so removed must be immediately placed on the Second Reading File for consideration in the usual order of business.

 


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ê2004 Statutes of Nevada, 21st Special Session, Page 25 (File Number 5, SR 1)ê

 

removed must be immediately placed on the Second Reading File for consideration in the usual order of business.

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

 

Rule No. 41.  Reading of Bills—General File.

      1.  Upon reading of bills on the Second Reading File, Senate and Assembly bills reported without amendments must be placed on the General File.

      2.  Only amendments proposed by the Committee of the Whole or a conference committee may be considered.

      3.  Amendments proposed by the Committee of the Whole and reported with bills may be adopted by a majority vote of the members present. Bills so amended must be reprinted, engrossed or reengrossed, and placed on the General File. The File must be posted in the Senate Chamber and made available to members of the public each day by the Secretary.

 

Rule No. 42.  Reconsideration of Vote on Bill.

      No motion to reconsider a vote is in order.

 

C.  Resolutions

 

Rule No. 43.  Treated as Bills.

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

 

Rule No. 44.  Treated as Motions.

      Resolutions, other than those referred to in Senate Rule No. 43 of the 21st Special Session of the Legislature, and other than a resolution pronouncing judgment following proceedings on impeachment, shall be treated as motions in all proceedings of the Senate.

 

Rule No. 45.  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 the Committee of the Whole.

      5.  Messages from the Governor.

      6.  Messages from the Assembly.

      7.  Communications.

      8.  [Reserved.]

      9.  Motions, Resolutions and Notices.

      10.  Introduction, First Reading and Reference.

      11.  Consent Calendar.

      12.  Second Reading and Amendment.

      13.  General File and Third Reading.

      14.  Unfinished Business.

 


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ê2004 Statutes of Nevada, 21st Special Session, Page 26 (File Number 5, SR 1)ê

 

      15.  Special Orders of the Day.

      16.  Remarks from the Floor; Introduction of Guests. A member may speak under this order of business for a period of not more than 5 minutes each day.

 

Rule No. 46.  Privilege.

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

 

Rule No. 47.  Preference to Speak.

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

 

Rule No. 48.  Special Order.

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

________

 

FILE NUMBER 6, SR 2

Senate Resolution No. 2–Senators Raggio and Titus

 

FILE NUMBER 6

 

Senate RESOLUTION—Providing that no allowances will be paid for the 21st Special Session of the Nevada Legislature for periodicals, stamps, stationery or communications.

 

      Resolved by the Senate of the State of Nevada, That for the 21st Special Session of the Nevada Legislature, no allowances will be paid for members of the Senate for periodicals, stamps, stationery or the use of telephones and no allowances will be paid for the President Pro Tempore, Majority Leader, Minority Leader or chairman of a committee of the Senate for postage, telephone tolls or other charges for communications.

________

 

 

 

 

 

 

 

 

 

 

 


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ê2004 Statutes of Nevada, 21st Special Session, Page 27ê

 

FILE NUMBER 7, SR 3

Senate Resolution No. 3–Senators Raggio and Titus

 

FILE NUMBER 7

 

Senate RESOLUTION—Providing for the appointment of Senate attaches.

 

      Resolved by the Senate of the State of Nevada, That the following persons are elected as attaches of the Senate for the 21st Special Session of the Nevada Legislature: Mary Jo Mongelli, Ann-Berit Moyle, Mary R. Phillips, Molly Dondero, Susan Whitford, Lydia Lee, Sam A. Palazzolo, John D. Turner, Ronald Sandoval, Evelyn Matheus, Dorothy Souza, JoAnn Wessel and Jane Gill.

________

 

FILE NUMBER 8, ACR 1

Assembly Concurrent Resolution No. 1–Assemblymen Perkins, Buckley and Hettrick

 

Joint Sponsors: Senators Raggio and Titus

 

FILE NUMBER 8

 

Assembly Concurrent RESOLUTION—Adopting the Joint Rules of the Senate and Assembly for the 21st Special Session of the Legislature.

 

      Resolved by the Assembly of the State of Nevada, the Senate Concurring, That the following Joint Rules of the Senate and Assembly for the 21st Special Session of the Legislature are hereby adopted:

 

APPLICABILITY OF JOINT RULES

 

Rule No. 1.  Generally.

     The Joint Rules for the 21st Special Session of the Legislature are applicable only during the 21st Special Session of the Legislature.

 

CONFERENCE COMMITTEES

 

Rule No. 2.  Procedure Concerning.

     1.  In every case of an amendment of a bill, or joint or concurrent resolution, agreed to in one House, dissented from in the other, and not receded from by the one making the amendment, each House shall appoint a committee to confer with a like committee to be appointed by the other; and the committee so appointed shall meet publicly at a convenient hour to be agreed upon by their respective chairmen and announced publicly, and shall confer upon the differences between the two Houses as indicated by the amendments made in one and rejected in the other and report as early as convenient the result of their conference to their respective Houses. The report shall be made available to all members of both Houses. The whole subject matter embraced in the bill or resolution shall be considered by the committee, and it may recommend recession by either House, new amendments, new bills or resolutions, or other changes as it sees fit.

 


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ê2004 Statutes of Nevada, 21st Special Session, Page 28 (File Number 8, ACR 1)ê

 

amendments, new bills or resolutions, or other changes as it sees fit. New bills or resolutions so reported shall be treated as amendments unless the bills or resolutions are composed entirely of original matter, in which case they shall receive the treatment required in the respective Houses for original bills, or resolutions, as the case may be.

     2.  The report of a conference committee may be adopted by acclamation, and such action may be considered equivalent to the adoption of amendments embodied therein. The report is not subject to amendment. If either House refuses to adopt the report, or if the first conference committee has so recommended, a second conference committee may be appointed. No member who served on the first committee may be appointed to the second.

     3.  There shall be but two conference committees on any bill or resolution. A majority of the members of a conference committee from each House must be members who voted for the passage of the bill or resolution.

 

MESSAGES

 

Rule No. 3.  Procedure Concerning.

     1.  Proclamations by the Governor convening the Legislature in extra session shall, by direction of the presiding officer of each House, be read immediately after the convening thereof, filed and entered in full in the Journal of proceedings.

     2.  Whenever a message from the Governor is received, the Sergeant at Arms will announce: “Mr. President, or Mr. Speaker, the Secretary of the Governor is at the bar.” The secretary will, upon being recognized by the presiding officer, announce: “Mr. President, or Mr. Speaker, a message from His Excellency, the Governor of Nevada, to the Honorable, the Senate or Assembly,” and hand same to the Sergeant at Arms for delivery to the Secretary of the Senate or Chief Clerk of the Assembly. The presiding officer will direct any message from the Governor to be received, read and entered in full in the Journal of proceedings.

     3.  Messages from the Senate to the Assembly shall be delivered by the Secretary or Assistant Secretary, and messages from the Assembly to the Senate shall be delivered by the Chief Clerk or Assistant Chief Clerk.

 

NOTICE OF FINAL ACTION

 

Rule No. 4.  Communications.

     Each House shall communicate its final action on any bill or resolution, or matter in which the other may be interested, by written notice. Each such notice sent by the Senate must be signed by the Secretary of the Senate, or a person designated by the Secretary. Each such notice sent by the Assembly must be signed by the Chief Clerk of the Assembly, or a person designated by the Chief Clerk.

 

BILLS AND JOINT RESOLUTIONS

 

Rule No. 5.  Signature.

     Each enrolled bill or joint resolution shall be presented to the presiding officers of both Houses for signature. They shall, after an announcement of their intention to do so is made in open session, sign the bill or joint resolution and their signatures shall be followed by those of the Secretary of the Senate and Chief Clerk of the Assembly.

 


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of their intention to do so is made in open session, sign the bill or joint resolution and their signatures shall be followed by those of the Secretary of the Senate and Chief Clerk of the Assembly.

 

Rule No. 6.  Joint Sponsorship.

      1.  A bill or resolution introduced by a committee of the Senate or Assembly may, at the direction of the chairman of the committee, set forth the name of a committee of the other House as a joint sponsor, if a majority of all members appointed to the committee of the other House votes in favor of becoming a joint sponsor of the bill or resolution. The name of the committee joint sponsor must be set forth on the face of the bill or resolution immediately below the date on which the bill or resolution is introduced.

     2.  The Legislative Counsel shall not cause to be printed the name of a committee as a joint sponsor on the face of a bill or resolution unless the chairman of the committee has signed his name next to the name of the committee on the colored back of the introductory copy of the bill or resolution that was submitted to the front desk of the House of origin or the statement required by subsection 4.

     3.  Upon introduction, any bill or resolution that sets forth the names of primary joint sponsors must be numbered in the same numerical sequence as other bills and resolutions of the same House of origin are numbered.

     4.  Once a bill or resolution has been introduced, a primary joint sponsor or nonprimary joint sponsor may only be added or removed by amendment of the bill or resolution. An amendment which proposes to add or remove a primary joint sponsor must not be considered by the House of origin of the amendment unless a statement requesting the addition or removal is attached to the copy of the amendment submitted to the front desk of the House of origin of the amendment. If the amendment proposes to add or remove a committee as a primary joint sponsor, the statement must be signed by the chairman of the committee. A copy of the statement must be transmitted to the Legislative Counsel if the amendment is adopted.

     5.  An amendment that proposes to add or remove a primary joint sponsor may include additional proposals to change the substantive provisions of the bill or resolution or may be limited only to the proposal to add or remove a primary joint sponsor.

 

PRINTING

 

Rule No. 7.  Ordering and Distribution.

     Each House may order the printing of bills introduced, reports of its own committees, and other matter pertaining to that House only; but no other printing may be ordered except by a concurrent resolution passed by both Houses. Each Senator is entitled to the free distribution of four copies of each bill introduced in each House, and each Assemblyman to such a distribution of two copies. Additional copies of such bills may be distributed at a charge to the person to whom they are addressed. The amount charged for distribution of the additional copies must be determined by the Director of the Legislative Counsel Bureau to approximate the cost of handling and postage for the entire session.

 


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RESOLUTIONS

 

Rule No. 8.  Types, Usage and Approval.

     1.  A joint resolution must be used to:

     (a) Propose an amendment to the Nevada Constitution.

     (b) Ratify a proposed amendment to the United States Constitution.

     (c) Address the President of the United States, Congress, either House or any committee or member of Congress, any department or agency of the Federal Government, or any other state of the Union.

     2.  A concurrent resolution must be used to:

     (a) Amend these joint rules.

     (b) Request the return from the Governor of an enrolled bill for further consideration.

     (c) Resolve that the return of a bill from one House to the other House is necessary and appropriate.

     (d) Express facts, principles, opinion and purposes of the Senate and Assembly.

     (e) Establish a joint committee of the two Houses.

     (f) Direct the Legislative Commission to conduct an interim study.

     3.  A concurrent resolution or a resolution of one House may be used to:

     (a) Memorialize a former member of the Legislature or other notable or distinguished person upon his death.

     (b) Congratulate or commend any person or organization for a significant and meritorious accomplishment.

     (c) Address matters related to impeachment.

 

VETOES

 

Rule No. 9.  Special Order.

     Bills which have passed a previous Legislature, and which are transmitted to the Legislature next sitting, accompanied by a message or statement of the Governor’s disapproval, or veto of the same, shall become the subject of a special order; and when the special order for their consideration is reached and called, the said message or statement shall be read, together with the bill or bills so disposed or vetoed; and the message and bill shall be read in the Senate by the Secretary of the Senate and in the Assembly by the Chief Clerk of the Assembly, without interruption, consecutively, one following the other, and not upon separate occasions; and no such bill or message shall be referred to any committee, or otherwise acted upon, save as provided by law and custom; that is to say, that immediately following such reading the only question (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 shall have first been read, from the first word of its title to and including the last word of its final section; and no motion shall be entertained after the Chair has stated the question save a motion for “The previous question,” but the merits of the bill itself may be debated.

 

 

 

 


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ADJOURNMENT

 

Rule No. 10.  Limitations and Calculation of Duration.

     1.  In calculating the permissible duration of an adjournment for 3 days or less, the day of adjournment must not be counted but the day of the next meeting must be counted, and Sunday must not be counted.

     2.  The Legislature may adjourn for more than 3 days by motion based on mutual consent of the Houses or by concurrent resolution. One or more such adjournments may be taken to permit a committee or the Legislative Counsel Bureau to prepare the matters respectively entrusted to them for the consideration of the Legislature as a whole.

 

EXPENDITURES FROM THE LEGISLATIVE FUND

 

Rule No. 11.  Manner of authorization.

     Except for routine salary, travel, equipment and operating expenses, no expenditures shall be made from the Legislative Fund without the authority of a concurrent resolution regularly adopted by the Senate and Assembly.

 

RECORDS OF COMMITTEE PROCEEDINGS

 

Rule No. 12.  Duties of Secretary of Committees and Director.

     1.  Each committee shall cause a record to be made of the proceedings of its meetings.

     2.  The secretary of a committee shall:

     (a) Label each record with the date, time and place of the meeting and also indicate on the label the numerical sequence in which the record was made;

     (b) Keep the records in chronological order; and

     (c) Deposit the records immediately following the final adjournment of the 21st Special Session of the Legislature with the Director of the Legislative Counsel Bureau.

     3.  The Director of the Legislative Counsel Bureau shall, except as otherwise provided in subsection 4:

     (a) Index the records;

     (b) Make the records available for accessing by any person during office hours under such reasonable conditions as he may deem necessary;

     (c) Maintain a log as a public record containing the date, time, name and address of any person accessing any of the records and identifying the records accessed; and

     (d) Retain the records for two bienniums and at the end of that period keep some form or copy of the record in any manner he deems reasonable to ensure access to the record in the foreseeable future.

     4.  Records of any meeting which is closed to the public do not become public records until the committee which held the closed meeting determines that the matters discussed no longer require confidentiality.

 

 

 

 

 

 


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LIMITATIONS ON REQUESTS FOR

DRAFTING OF LEGISLATIVE MEASURES

 

Rule No. 13.  Germaneness Required for Amendments.

     1.  The Legislative Counsel shall not honor a request for the drafting of an amendment to a bill or resolution if the subject matter of the amendment is independent of, and not specifically related and properly connected to, the subject that is expressed in the title of the bill or resolution.

     2.  For the purposes of this rule, an amendment is independent of, and not specifically related and properly connected to, the subject that is expressed in the title of a bill or resolution if the amendment relates only to the general, single subject that is expressed in that title and not to the specific whole subject matter embraced in the bill or resolution.

 

CONTINUATION OF LEADERSHIP OF THE SENATE AND ASSEMBLY DURING THE INTERIM BETWEEN SESSIONS

 

Rule No. 14.  Tenure and Performance of Statutory Duties.

     1.  Except as otherwise provided in subsections 2 and 3, the tenure of the President Pro Tem, Majority Leader and Minority Leader of the Senate and the Speaker, Speaker Pro Tem, Majority Floor Leader and Minority Floor Leader of the Assembly extends during the interim between regular sessions of the Legislature.

     2.  The Senators designated to be the President Pro Tem, Majority Leader and Minority Leader for the next succeeding regular session shall perform any statutory duty required in the period between the time of their designation after the general election and the organization of the next succeeding regular session of the Legislature if the Senator formerly holding the respective position is no longer a Legislator.

     3.  The Assemblymen designated to be the Speaker, Speaker Pro Tem, Majority Floor Leader and Minority Floor Leader for the next succeeding regular session shall perform any statutory duty required in the period between the time of their designation after the general election and the organization of the next succeeding regular session.

 

POLICY AND PROCEDURES REGARDING SEXUAL HARASSMENT

 

Rule No. 15.  Maintenance of Working Environment; Procedure for Filing, Investigating and Taking Remedial Action on Complaints.

     1.  The Legislature hereby declares its intention to maintain a working environment which is free from sexual harassment. This policy applies to all Legislators. Each member is responsible to conduct himself or herself in a manner which will ensure that others are able to work in such an environment.

     2.  In accordance with Title VII of the Civil Rights Act, for the purposes of this rule, “sexual harassment” means unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature when:

 


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     (a) Submission to such conduct is made either explicitly or implicitly a term or condition of a person’s employment;

     (b) Submission to or rejection of such conduct by a person is used as the basis for employment decisions affecting the person; or

     (c) Such conduct has the purpose or effect of unreasonably interfering with a person’s work performance or creating an intimidating, hostile or offensive working environment.

     3.  Each Legislator must exercise his or her own good judgment to avoid engaging in conduct that may be perceived by others as sexual harassment. The following noninclusive list provides illustrations of conduct that the Legislature deems to be inappropriate:

     (a) Verbal conduct such as epithets, derogatory comments, slurs or unwanted sexual advances, invitations or comments;

     (b) Visual conduct such as derogatory posters, photography, cartoons, drawings or gestures;

     (c) Physical conduct such as unwanted touching, blocking normal movement or interfering with the work directed at a person because of his sex;

     (d) Threats and demands to submit to sexual requests to keep a person’s job or avoid some other loss, and offers of employment benefits in return for sexual favors; and

     (e) Retaliation for opposing, reporting or threatening to report sexual harassment, or for participating in an investigation, proceeding or hearing conducted by, or at the direction of, the Legislature, the Legislative Counsel Bureau or the Nevada Equal Rights Commission or the federal Equal Employment Opportunity Commission,

Ê when submission to such conduct is made either explicitly or implicitly a term or condition of a person’s employment or submission to or rejection of such conduct by a person is used as the basis for employment decisions affecting the person or such conduct has the purpose or effect of unreasonably interfering with a person’s work performance or creating an intimidating, hostile or offensive working environment.

     4.  A person may have a claim of sexual harassment even if the person has not lost a job or some other economic benefit. Conduct that impairs a person’s ability to work or his emotional well-being at work may constitute sexual harassment.

     5.  A Legislator who believes he or she is being sexually harassed on the job may file a written complaint with:

     (a) The Speaker of the Assembly;

     (b) The Majority Leader of the Senate; or

     (c) The Director of the Legislative Counsel Bureau, if the complaint involves the conduct of the Speaker of the Assembly or the Majority Leader of the Senate.

Ê The complaint must include the details of the incident or incidents, the names of the persons involved and the names of any witnesses.

     6.  Except as otherwise provided in subsection 7, the Speaker of the Assembly or the Majority Leader of the Senate, as appropriate, shall refer a complaint received pursuant to subsection 5 to a committee consisting of Legislators of the same House.

     7.  If the complaint involves the conduct of the Speaker of the Assembly or the Majority Leader of the Senate, the Director of the Legislative Counsel Bureau shall refer the complaint to the Committee of the Whole of the Assembly or the Committee of the Whole of the Senate, as appropriate.

 


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the Whole of the Assembly or the Committee of the Whole of the Senate, as appropriate. If the Speaker of the Assembly or the Majority Leader of the Senate is a member of one of these committees, the Speaker or the Majority Leader, as the case may be, shall not participate in the investigation and resolution of the complaint.

     8.  The committee to which the complaint is referred shall conduct a discreet investigation of the complaint. As a part of the investigation, the committee shall notify the accused of the allegations. Either party may request a hearing before the committee. The committee shall make its determination and inform the complainant and the accused of its determination as soon as practicable after it has completed its investigation.

     9.  If the investigation reveals that sexual harassment has occurred, the Legislature will take appropriate disciplinary or remedial action, or both. The committee shall inform the complainant of any action taken. The Legislature will also take any action necessary to deter any future harassment.

     10.  The Legislature will not retaliate against a person who files a complaint and will not knowingly permit any retaliation by any other person.

     11.  The Legislature encourages a person to report any incident of sexual harassment immediately so that the complaint can be quickly and fairly resolved.

     12.  Action taken by a complainant pursuant to this rule does not prohibit the complainant from also filing a complaint of sexual harassment with the Nevada Equal Rights Commission or the federal Equal Employment Opportunity Commission.

     13.  All Legislators are responsible for adhering to the provisions of this policy.

      14.  This policy does not create any enforceable legal rights in any person.

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FILE NUMBER 9, SR 4

Senate Resolution No. 4–Senators Raggio and Titus

 

FILE NUMBER 9

 

Senate RESOLUTION—Amending the Rules of the Senate for the 21st Special Session of the Nevada Legislature to include procedures for considering Articles of Impeachment.

 

      Resolved by the Senate of the State of Nevada, That the Rules of the Senate for the 21st Special Session of the Nevada Legislature are amended by the following additions:

 

X.  PROCEDURES FOR CONSIDERATION OF ARTICLES OF IMPEACHMENT

 

Rule No. 49.  Organization.

      1.  Upon receipt of Articles of Impeachment from the Assembly, the Senate shall prepare to conduct proceedings on impeachment. The Senate may conduct the proceedings on impeachment while sitting as a Committee of the Whole.

 


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may conduct the proceedings on impeachment while sitting as a Committee of the Whole.

      2.  The Senate shall assign a day for commencing the proceedings on impeachment and identify the prosecutor of the Articles of Impeachment.

      3.  The President of the Senate shall cause a copy of the Articles of Impeachment, with a notice to appear and answer the same in person or by counsel at the time and place appointed and a copy of these rules, to be served upon the defendant.

      4.  All matters relating to the impeachment if not having a specific order of business will be considered a special order of the day.

      5.  Upon completion of its duties with respect to the impeachment, the Committee of the Whole shall rise and the Senate shall reconvene to receive the report from the Committee.

 

Rule No. 50.  Gubernatorial Appointment to Fill Vacancy.

      1.  A letter of intent to appoint a person to temporarily fill the vacancy in the Office of the State Controller submitted by the Governor must be read into the record.

      2.  The motion for reconsideration is out of order if the Senate affirmatively votes to consent to the appointment.

      3.  If the Senate does not affirmatively consent to the appointment, the Governor shall submit to the Senate for its advice and consent another letter of intent to appoint a different person to temporarily fill the vacancy.

 

Rule No. 51.  Preliminary Matters.

      1.  Before convening as a Committee of the Whole to hold proceedings on impeachment, the Secretary of the Senate shall administer an oath to the President of the Senate. The President of the Senate shall then administer an oath to each of the members of the Senate, by which they swear to do justice according to law and evidence in the proceedings on impeachment.

      2.  The defendant may be represented by counsel throughout the proceedings.

      3.  If the defendant intends to object to the sufficiency of the Articles of Impeachment, the defendant must submit to the Secretary of the Senate a written explanation and support for such objection at least 3 days before the date scheduled for the commencement of the proceedings on impeachment.

      4.  At the time fixed for the commencement of the proceedings on impeachment, the Committee shall call the defendant to appear and answer the Articles of Impeachment. If the defendant does not appear in person or by counsel, the defendant shall be deemed to have entered a plea of guilty.

      5.  When the defendant appears before the Committee, the defendant may object to the sufficiency of the Articles of Impeachment if the defendant has submitted a written explanation pursuant to subsection 3, or may answer by an oral plea of not guilty.

      6.  If the defendant objects to the sufficiency of the Articles of Impeachment, the Chairman will open the hearing and discussion on the objection to the sufficiency of the Articles of Impeachment. Oral argument supporting the objection may be presented to the Committee by the defendant or counsel for the defendant, and oral argument opposing the objection may be presented to the Committee by the prosecutor. Such arguments must not exceed 30 minutes, unless the Chairman authorizes a longer period.

 


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arguments must not exceed 30 minutes, unless the Chairman authorizes a longer period. Upon conclusion of the discussion of the objection, the Committee shall rise and the Senate shall reconvene to consider whether to sustain the objection to the sufficiency of the Articles of Impeachment.

      7.  If the objection to the sufficiency of the Articles of Impeachment is sustained by a majority vote of the members of the Senate who heard the argument, the proceedings on impeachment must be dismissed. If the objection is not sustained, the defendant must be ordered to answer the Articles of Impeachment. If the defendant refuses to answer, the defendant shall be deemed to have entered a plea of guilty.

 

Rule No. 52.  Eligibility of Senators.

      1.  Notwithstanding the provisions of NRS 281.501, each Senator is, by virtue of his office, eligible to participate and vote in the proceedings on impeachment, and no Senator is subject to disqualification.

      2.  A Senator who is absent for any reason during any portion of the proceedings concerning impeachment must be provided an opportunity to review any available exhibits, videotapes and transcripts from that portion of the proceedings.

 

Rule No. 53.  Planning Conference.

      1.  The Director of the Legislative Counsel Bureau shall meet with the prosecutor and the defendant or counsel for the defendant one or more times, as determined by the Director, before the commencement of the proceedings on impeachment to exchange a list of witnesses whom each intends to call and copies of exhibits each intends to introduce during the proceedings on impeachment. Each shall provide a copy of the list of witnesses and a copy of the exhibits and shall submit a statement which provides a summary of their case to the Director which the Director shall forward to each member of the Senate.

      2.  Only the witnesses and exhibits disclosed during a planning conference may be heard or introduced during the proceedings on impeachment, and only if approved by the Chairman, unless the party shows good cause why the new witness or exhibit was not disclosed during a planning conference.

      3.  Information and documentation exchanged during the planning conference and the summary statements must be kept confidential by each person to whom a copy is provided until such information and documentation has been made public by the Committee of the Whole.

      4.  The Chairman may rule on whether any witness or exhibit which is disclosed during the planning conference is relevant and germane.

 

Rule No. 54.  Powers.

      1.  The Committee of the Whole has all powers granted to the Legislature to investigate and conduct hearings. The Chairman may issue subpoenas for witnesses, documents, records and any other relevant evidence, may administer oaths or cause oaths to be administered, may cause testimony to be taken and recorded, and may hold a person in contempt for disobeying a subpoena.

      2.  The prosecutor, the defendant or counsel for the defendant may request the Chairman to issue a subpoena which the Chairman may issue at his discretion.

 


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Rule No. 55.  Order of Proof.

      1.  The prosecutor may make an opening statement to the Committee of the Whole, which must not exceed 45 minutes. The defendant, or counsel for the defendant, may then make an opening statement to the Committee of the Whole, which must not exceed 45 minutes. Upon the motion of either party before commencement of the opening statement by that party, the time for the opening statement may be extended by the Chairman.

      2.  The Chairman of the Committee shall determine the order of the presentation of evidence.

      3.  Upon conclusion of the presentation of all of the evidence, the prosecutor may present a closing argument to the Committee, which must not exceed 1 hour. The defendant, or counsel for the defendant, may then present a closing argument to the Committee, which must not exceed 1 hour. Upon the motion of either party before commencement of the closing argument of the party, the time for the closing argument may be extended by the Chairman.

 

Rule No. 56.  Witnesses.

      1.  A person who may be called as a witness during the proceedings on impeachment shall not communicate with any other potential witness or person who has already testified about the proceedings and any matter about which the person may testify or present evidence until the conclusion of the proceedings on impeachment. Such a person, other than the defendant, shall not attend any hearing of the Senate or the Committee of the Whole and shall not otherwise listen to or view the proceedings of the Senate or the Committee of the Whole until after the person has completed providing testimony in the proceedings. On the day on which a witness will be called to testify, the witness shall wait outside the room in which the proceedings are being held at a place instructed by the Secretary of the Senate until summoned.

      2.  A person who may be or who is called as a witness during the proceedings on impeachment shall not communicate with a Senator until the conclusion of the proceedings on impeachment.

      3.  Before any witness provides testimony or gives a statement, the Chairman of the Committee of the Whole, or a person designated by the Chairman, shall administer to the witness the following oath:

 

“Do you solemnly swear or affirm that the testimony and any evidence you shall give in this matter shall be the truth, the whole truth and nothing but the truth?”

 

      4.  A witness must be examined by the party producing him for not more than 30 minutes, unless the Chairman authorizes a longer period. The witness may then be cross-examined by the opposing party for not more than 30 minutes, unless the Chairman authorizes a longer period.

      5.  The Chairman of the Committee may allow redirect and recross-examination.

      6.  After the prosecutor and the counsel for the defendant have completed questioning a witness, any Senator may question the witness for not more than 5 minutes, unless the Chairman authorizes a longer period.

 


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      7.  Counsel may object to questions posed to the witnesses. The Chairman of the Committee shall determine whether to sustain such an objection. The Chairman will not admit any evidence which is not relevant and germane.

 

Rule No. 57.  Immunity.

      Neither the defense nor the prosecution may call a member of the Senate, the President of the Senate, a member of the Assembly, the counsel or staff of any of them, the staff of the Legislature or an employee of the Legislative Counsel Bureau as a witness, or subpoena the personal records or work papers of any of them.

 

Rule No. 58.  Procedural Rulings.

      1.  The Chairman of the Committee of the Whole rules on all objections, motions, pleas and procedural questions made by the prosecutor and the defendant or counsel for the defendant. The ruling of the Chairman shall be the judgment of the Committee, unless three Senators move to have the question submitted to a vote of a majority of the Senators present.

      2.  Formal rules of evidence do not apply to the proceedings on impeachment.

      3.  Arguments by the prosecution and the defense on motions may be allowed with the approval of the Chairman of the Committee and shall not exceed 15 minutes, unless further extended by the Chairman.

 

Rule No. 59.  Final Determination.

      1.  After receiving the report from the Committee of the Whole, the final question of whether the impeachment is sustained must be submitted to a vote of the Senate. A vote shall be taken on each Article of Impeachment separately; and if none of the Articles of Impeachment are sustained by the vote of two-thirds of the Senators elected, a judgment of acquittal shall be pronounced and entered.

      2.  If the Senate votes to convict the defendant on any Article of Impeachment by the vote of two-thirds of the Senators elected, the Senate shall proceed to consider whether any sanction shall be imposed. Any such sanction shall be included in the pronouncement of judgment in the form of a resolution adopted by a majority vote which shall be entered upon the Journal of the Senate.

 

Rule No. 60.  Maintenance of Records.

      1.  The Secretary of the Senate shall keep the record of the Committee of the Whole and perform or cause to be performed all other duties necessary to assist the Committee in carrying out its duties.

      2.  The Secretary of the Senate shall record and report the proceedings on impeachment of the Committee in the same manner as for legislative proceedings of the Senate.

      3.  Any exhibit that is presented to the Committee shall be listed in the Journal of the Senate without the text of the exhibit. The text of such exhibits shall be archived and made available for inspection upon request.

      4.  Notwithstanding the provisions of this section, minutes, records and documents of any meeting of the Committee of the Whole which is closed to the public do not become public until the Committee of the Whole determines that the matters discussed no longer require confidentiality.

 


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closed to the public do not become public until the Committee of the Whole determines that the matters discussed no longer require confidentiality.

 

Rule No. 61.  Additional Rulings on Procedure.

      The Chairman of the Committee of the Whole may adopt such additional procedures as the Chairman deems necessary for the conduct of the Committee hearings so long as such additional procedures do not conflict with Rules 49 to 60, inclusive, of the Rules of the Senate for the 21st Special Session of the Legislature.

________

 

FILE NUMBER 10, SR 5

Senate Resolution No. 5–Senators Raggio, Titus, Amodei, Beers, Care, Carlton, Cegavske, Hardy, Heck, Horsford, Lee, Mathews, McGinness, Nolan, Rhoads, Schneider, Tiffany, Townsend, Washington and Wiener

 

FILE NUMBER 10

 

Senate RESOLUTION—Censuring Kathy Augustine, Controller of the State of Nevada, and pronouncing the judgment of the Senate in the matter of her impeachment.

 

      Whereas, Each public officer and employee in the State of Nevada has a duty to uphold the ethical provisions established by statute; and

      Whereas, The legislative intent set forth in statute concerning those ethical provisions provides that a public office is “[a] public trust and shall be held for the sole benefit of the people” and that a public officer or employee “must commit himself to avoid conflicts between his private interests and those of the general public whom he serves”; and

      Whereas, In 2003, Kathy Augustine filed with the Nevada Commission on Ethics a statement acknowledging that she had received, read and understood those statutory ethical standards as required by law; and

      Whereas, On September 22, 2004, Kathy Augustine stipulated before the Nevada Commission on Ethics that she willfully violated NRS 281.481(7) as she reasonably should have known that:

      1.  Causing state employee Jennifer Normington, on state time, to perform functions related to Kathy Augustine’s 2002 re-election campaign violated the provisions of NRS 281.481(7);

      2.  The act of causing computer equipment owned by the State of Nevada and located in the Office of the State Controller to be used for creating, maintaining, storing and printing documents relating to her 2002 re-election campaign violated the provisions of NRS 281.481(7); and

      3.  The act of causing equipment and facilities, provided by the State of Nevada for use by the Office of the State Controller, to be used for business and purposes related to her 2002 re-election campaign violated the provisions of NRS 281.481(7); and

      Whereas, On November 11, 2004, Kathy Augustine was impeached by the unanimous vote of the Assembly of the State of Nevada based upon the aforementioned willful violations of NRS 281.481(7); and

 


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      Whereas, The Articles of Impeachment were presented to the Senate of the State of Nevada by representatives of the Assembly on November 12, 2004; and

      Whereas, On that same day, the Senate adopted Senate Resolution No. 4 amending the Rules of the Senate for the 21st Special Session of the Nevada Legislature to include procedures for considering Articles of Impeachment; and

      Whereas, Kathy Augustine answered the Articles of Impeachment on November 29, 2004, with a plea of not guilty and the impeachment trial was commenced in the Senate on December 1, 2004; and

      Whereas, On December 4, 2004, the Senate dismissed Article I of the Articles of Impeachment; and

      Whereas, On that same day, the Senate acquitted Kathy Augustine on the charges set forth in Article II of the Articles of Impeachment; and

      Whereas, On that same day, the Senate also voted to convict Kathy Augustine of the charges set forth in Article III of the Articles of Impeachment; and

      Whereas, By engaging in the conduct set forth in Article III of the Articles of Impeachment, Kathy Augustine willfully diverted equipment and facilities for use in her campaign for re-election rather than for the interests of the general public whom she has been elected to serve; and

      Whereas, In addition to the willful violations set forth in the stipulation entered into before the Commission on Ethics, Kathy Augustine failed to clearly identify for her staff the difference between political activity that is improper to conduct on state time and the job duties for which they were employed; and

      Whereas, Such conduct is unacceptable by a public officer and demonstrates disrespect for the laws of the State of Nevada; and

      Whereas, The Senate finds that Kathy Augustine by her conduct has brought upon herself and fully deserves the judgment set forth herein; now, therefore, be it

      Resolved by the Senate of the State of Nevada, That Kathy Augustine is convicted of Misdemeanor or Malfeasance in Office and the Senate of the State of Nevada hereby censures Kathy Augustine for such conduct; and be it further

      Resolved, That this censure serve as a reminder to all public officers of their duty to uphold the laws of this State, to ensure that their staff understands the political activities which must not be conducted on governmental time and to carry out their service solely for the benefit of the general public whom they have been elected to serve; and be it further

      Resolved, That this resolution shall be entered upon the Journal of the Senate; and be it further

      Resolved, That the Secretary of the Senate prepare and transmit a copy of this resolution to Kathy Augustine, Controller of the State of Nevada, the Assembly, the Secretary of State and the Governor.

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ê2004 Statutes of Nevada, 21st Special Session, Page 41ê

 

FILE NUMBER 11, SR 6

Senate Resolution No. 6–Senators Raggio, Titus, Amodei, Beers, Care, Carlton, Cegavske, Coffin, Hardy, Heck, Horsford, Lee, Mathews, McGinness, Nolan, Rhoads, Schneider, Tiffany, Townsend, Washington and Wiener

 

FILE NUMBER 11

 

Senate RESOLUTION—Expressing appreciation to Washoe County District Attorney Richard A. “Dick” Gammick for providing an experienced Special Prosecutor and other staff for the impeachment proceedings for State Controller Kathy Augustine.

 

      Whereas, Richard A. “Dick” Gammick serves as the Washoe County District Attorney; and

      Whereas, Dick Gammick made possible the appointment of Washoe County Chief Deputy District Attorney Dan Greco to serve as Special Prosecutor during the impeachment proceedings for State Controller Kathy Augustine; and

      Whereas, Providing an experienced prosecutor and other staff on short notice to ensure a fair trial for the State Controller and the people of this State of Nevada was an extraordinary demonstration of intergovernmental cooperation; now, therefore, be it

      Resolved by the Senate of the State of Nevada, That the members of the Senate of the 21st Special Session of the Nevada Legislature do hereby express their sincere appreciation to Dick Gammick for making available an experienced Prosecutor and other staff for the impeachment proceedings for State Controller Kathy Augustine; and be it further

      Resolved, That the Secretary of the Senate prepare and transmit a copy of this resolution to Richard A. “Dick” Gammick.

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FILE NUMBER 12, SR 7

Senate Resolution No. 7–Senators Raggio, Titus, Amodei, Beers, Care, Carlton, Cegavske, Coffin, Hardy, Heck, Horsford, Lee, Mathews, McGinness, Nolan, Rhoads, Schneider, Tiffany, Townsend, Washington and Wiener

 

FILE NUMBER 12

 

Senate RESOLUTION—Expressing appreciation to Washoe County Chief Deputy District Attorney Daniel Greco for serving as Special Prosecutor in the impeachment proceedings for State Controller Kathy Augustine.

 

      Whereas, On November 12, 2004, Washoe County Chief Deputy District Attorney Daniel Greco was appointed to serve as Special Prosecutor for the impeachment trial of State Controller Kathy Augustine; and

      Whereas, The appointment of Dan Greco was based upon his extensive experience as a prosecutor for the Washoe County District Attorney’s Office and his excellent reputation in the legal community for being dedicated, fair-minded and efficient in the pursuit of justice; and

 


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ê2004 Statutes of Nevada, 21st Special Session, Page 42 (File Number 12, SR 7)ê

 

      Whereas, With only a short time to prepare for this trial, Special Prosecutor Greco undertook the enormous responsibility of ensuring that the State Controller and the people of Nevada received a fair trial; and

      Whereas, In preparing for the impeachment trial, many demands were placed upon Special Prosecutor Greco causing him to work overtime through evenings, weekends and the Thanksgiving holiday for which, as a professional employee of Washoe County, he will not be compensated; and

      Whereas, The Special Prosecutor has performed his role admirably while commuting daily to a “courtroom” that is not a courtroom to prosecute a unique case that he and his staff neither investigated nor developed; and

      Whereas, Throughout his tenure as Special Prosecutor, Dan Greco has demonstrated amazing personal fortitude and strength of character in carrying out his appointment in unfamiliar surroundings, with evolving rules of procedure and an impossibly short time to prepare; now, therefore, be it

      Resolved by the Senate of the State of Nevada, That the members of the Senate of the 21st Special Session of the Nevada Legislature do hereby express their sincere appreciation to Dan Greco for serving as Special Prosecutor for these historic impeachment proceedings; and be it further

      Resolved, That the members of the Senate hereby commend Dan Greco for a job well done; and be it further

      Resolved, That the Secretary of the Senate prepare and transmit a copy of this resolution to Washoe County Chief Deputy District Attorney Daniel Greco and to his boss, Washoe County District Attorney Richard A. Gammick.

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FILE NUMBER 13, SR 8

Senate Resolution No. 8–Senators Raggio, Titus, Amodei, Beers, Care, Carlton, Cegavske, Coffin, Hardy, Heck, Horsford, Lee, Mathews, McGinness, Nolan, Rhoads, Schneider, Tiffany, Townsend, Washington and Wiener

 

FILE NUMBER 13

 

Senate RESOLUTION—Expressing appreciation to Cynthia Wyett, Investigator, with the Washoe County District Attorney’s Office for her assistance in preparing for the impeachment proceedings for State Controller Kathy Augustine.

 

      Whereas, Cynthia Wyett serves as an Investigator with the Washoe County District Attorney’s Office; and

      Whereas, With the appointment of Washoe County Chief Deputy District Attorney Dan Greco to act as Special Prosecutor during the impeachment proceedings for State Controller Kathy Augustine, Cynthia was asked to provide assistance to Special Prosecutor Greco; and

      Whereas, Cynthia’s experience in prosecutorial investigations and excellent work on criminal trials for the Washoe County District Attorney’s Office made her an excellent choice to provide assistance to Special Prosecutor Greco; and

      Whereas, In preparing for the impeachment trial, many demands were placed upon Cynthia in her role as an Investigator; and

 


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ê2004 Statutes of Nevada, 21st Special Session, Page 43 (File Number 13, SR 8)ê

 

      Whereas, With only a short time to prepare for these historic impeachment proceedings, Cynthia worked conscientiously through weekends, nights and the Thanksgiving holiday; now, therefore, be it

      Resolved by the Senate of the State of Nevada, That the members of the Senate of the 21st Special Session of the Nevada Legislature do hereby express their sincere appreciation to Cynthia Wyett for providing assistance to Special Prosecutor Dan Greco in preparing for the impeachment proceedings; and be it further

      Resolved, That the Secretary of the Senate prepare and transmit a copy of this resolution to Cynthia Wyett and her boss, Washoe County District Attorney Richard A. Gammick.

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FILE NUMBER 14, SR 9

Senate Resolution No. 9–Senators Raggio, Titus, Amodei, Beers, Care, Carlton, Cegavske, Coffin, Hardy, Heck, Horsford, Lee, Mathews, McGinness, Nolan, Rhoads, Schneider, Tiffany, Townsend, Washington and Wiener

 

FILE NUMBER 14

 

SENATE RESOLUTION—Expressing appreciation for the services provided by the clergy to the Senate during the 21st Special Session of the Nevada Legislature.

 

      Whereas, Religious services were provided on the floor of the Senate on the commencement of each day of the 21st Special Session of the Nevada Legislature; and

      Whereas, The invocations offered by the clergy provided inspiration and guidance for the members of the Senate as they faced the challenges and demands presented by the 21st Special Session; now, therefore, be it

      Resolved by the Senate of the State of Nevada, That the members of the Senate of the Nevada Legislature do hereby convey their sincere appreciation for the religious services that were rendered during the 21st Special Session.

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FILE NUMBER 15, SR 10

Senate Resolution No. 10–Senators Raggio, Titus, Amodei, Beers, Care, Carlton, Cegavske, Coffin, Hardy, Heck, Horsford, Lee, Mathews, McGinness, Nolan, Rhoads, Schneider, Tiffany, Townsend, Washington and Wiener

 

FILE NUMBER 15

 

Senate RESOLUTION—Expressing appreciation to the staff of the Nevada Senate and of the Legislative Counsel Bureau.

 

      Whereas, The commencement of the 21st Special Session of the Nevada Legislature represented uncharted territory for the Nevada Legislature as it embarked in the historic consideration of the impeachment of a state officer; and

 


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ê2004 Statutes of Nevada, 21st Special Session, Page 44 (File Number 15, SR 10)ê

 

Legislature as it embarked in the historic consideration of the impeachment of a state officer; and

      Whereas, The 21st Special Session also presented unprecedented challenges to the staff of the Nevada Senate and of the Legislative Counsel Bureau; and

      Whereas, The 21st Special Session commenced just one week after the general elections and a mere 3 months before the date scheduled for the commencement of the 73rd Regular Session of the Nevada Legislature; and

      Whereas, This Special Session coincided with the busiest period of the biennium for the staff who were already working overtime to prepare for the Regular Session; and

      Whereas, The staff of the Senate and of the Legislative Counsel Bureau rallied to meet the various challenges during this Special Session with unparalleled skill, resourcefulness, diligence and efficiency; and

      Whereas, The staff of the Senate was called upon to prepare new procedures for activities on the floor of the Senate, managed the Committee of the Whole and the voluminous exhibits and copies thereof, and attended to all of the normal duties of the Senate while simultaneously continuing to prepare for the Regular Session; and

      Whereas, In the Administrative Division of the Legislative Counsel Bureau, the Buildings Unit worked exceptionally hard to meet the challenge of completing construction projects ahead of deadlines and preparing the Legislative Building for the Special Session, the Legislative Police diligently served numerous subpoenas upon witnesses and processed identification badges while continuing to provide their regular services and security, the Grounds Unit shoveled snow, painted and prepared the parking garage, the Janitorial Unit prepared and cleaned the facilities, the Media Services Unit worked long hours to prepare audio/video systems and complete the new security and camera systems prior to the commencement of the Special Session, and provided technical support in the hearing room and on the floor during the Special Session, the General Services Unit quickly and efficiently moved furniture and prepared offices for newly elected Legislators, the Accounting Unit managed pay and travel during the unusual and busy schedule of the Special Session and the Information Systems Unit prepared all computer systems used during the Special Session; and

      Whereas, The staff of the Legal Division worked long hours conducting extensive legal research, preparing legal opinions, drafting rules and preparing subpoenas in preparation for the Special Session, provided legal counsel to the Senate before and during the Special Session, serving as an intermediary between the Senate and the Special Prosecutor and counsel for the defendant, while continuing to prepare for the Regular Session, for which the Legal Division must draft hundreds of bills and resolutions; and

      Whereas, The staff of the State Printing Office of the Legal Division worked hard to meet the needs of the Legislature during the 21st Special Session including assisting in the preparation of exhibits and printing of all bills, resolutions, histories, indices, journals and other official documents; and

      Whereas, The staff of the Research Division, assisted by its Research Library, provided research and analysis of impeachment rules and proceedings throughout the country, responded to requests for research during the Special Session, while continuing to prepare for the Regular Session; and

 


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ê2004 Statutes of Nevada, 21st Special Session, Page 45 (File Number 15, SR 10)ê

 

      Whereas, The staff of the Audit Division and the Fiscal Analysis Division, responded to additional requests before and during the Special Session while completing their preparations for the Regular Session; now, therefore, be it

      Resolved by the Senate of the State of Nevada, That the members of the 21st Special Session of the Nevada Legislature do hereby express their sincere appreciation to the outstanding staff of the Senate and the Legislative Counsel Bureau and commend the dedication, cooperation and exceptional work of each person on the staff; and be it further

      Resolved, That the Secretary of the Senate prepare and retain a copy of this resolution on behalf of the employees of the Senate, and prepare and transmit a copy of this resolution to Lorne Malkiewich, Director of the Legislative Counsel Bureau, on behalf of the employees of the Legislative Counsel Bureau.

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