[Rev. 2/6/2019 3:13:18 PM]
RESOLUTIONS AND MEMORIALS
κ2010 Statutes of Nevada, 26th Special Session, Page 99κ
RESOLUTIONS AND MEMORIALS
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Assembly Concurrent Resolution No. 1Committee of the Whole
FILE NUMBER 1
Assembly Concurrent RESOLUTION — Adopting the Joint Rules of the Senate and Assembly for the 26th 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 26th Special Session of the Legislature are hereby adopted:
APPLICABILITY OF JOINT RULES
Rule No. 1. Generally.
The Joint Rules for the 26th Special Session of the Legislature are applicable only during the 26th 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. 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. The report is not subject to amendment.
3. There shall be but one conference committee 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.
κ2010 Statutes of Nevada, 26th Special Session, Page 100 (FILE NUMBER 1, ACR 1)κ
MESSAGES
Rule No. 3. Procedure Concerning.
1. Proclamations by the Governor convening the Legislature in special session must, by direction of the presiding officer of each House, be read immediately after the convening of the special session, and must be filed and entered in the Journal of proceedings.
2. Whenever a message from the Governor is received, it shall be 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 a person designated by the 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.
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.
κ2010 Statutes of Nevada, 26th Special Session, Page 101 (FILE NUMBER 1, ACR 1)κ
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.
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) Request the return from the Secretary of State of an enrolled joint or concurrent resolution for further consideration.
(d) Resolve that the return of a bill from one House to the other House is necessary and appropriate.
(e) Express facts, principles, opinion and purposes of the Senate and Assembly.
κ2010 Statutes of Nevada, 26th Special Session, Page 102 (FILE NUMBER 1, ACR 1)κ
(f) Establish a joint committee of the two Houses.
(g) 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.
4. A resolution of one House may be used to request the return from the Secretary of State of an enrolled resolution of the same House for further consideration.
VETOES
Rule No. 9. Special Order.
1. Bills which have passed the Legislature, and which are transmitted to the Legislature accompanied by a message or statement of the Governors disapproval, or veto of the same, shall:
(a) Be taken up and considered immediately upon the coming in of the message transmitting the same; or
(b) Become the subject of a special order.
2. When the message is received or, if made a special order, 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 Secretary of the Senate and Chief Clerk of the Assembly shall, without interruption, read the message and the bill consecutively, the bill following the message, and the message and the bill must not be read 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; 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.
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.
κ2010 Statutes of Nevada, 26th Special Session, Page 103 (FILE NUMBER 1, ACR 1)κ
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 upon their completion with the Director of the Legislative Counsel Bureau.
3. The Director of the Legislative Counsel Bureau shall:
(a) Make the records available for accessing by any person during office hours under such reasonable conditions as he may deem necessary; and
(b) 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.
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.
κ2010 Statutes of Nevada, 26th Special Session, Page 104 (FILE NUMBER 1, ACR 1)κ
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 and lobbyists. Each member and lobbyist 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:
(a) Submission to such conduct is made either explicitly or implicitly a term or condition of a persons 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 persons work performance or creating an intimidating, hostile or offensive working environment.
3. Each person subject to these Rules must exercise his 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 persons 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 the Legislature or the Nevada Equal Rights Commission or the federal Equal Employment Opportunity Commission,
κ2010 Statutes of Nevada, 26th Special Session, Page 105 (FILE NUMBER 1, ACR 1)κ
conducted by the Legislature or the Nevada Equal Rights Commission or the federal Equal Employment Opportunity Commission,
Κ when submission to such conduct is made either explicitly or implicitly a term or condition of a persons 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 persons work performance or creating an intimidating, hostile or offensive working environment.
4. A person may have a claim of sexual harassment even if he has not lost a job or some other economic benefit. Conduct that impairs a persons ability to work or his emotional well-being at work constitutes sexual harassment.
5. If a Legislator believes he is being sexually harassed on the job, he 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.
Κ 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. A complaint against a lobbyist may be referred to a committee in either 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 on Elections, Procedures, Ethics, and Constitutional Amendments of the Assembly or the Committee on Legislative Operations and Elections 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 immediately conduct a confidential and discreet investigation of the complaint. As a part of the investigation, the committee shall notify the accused of the allegations. The committee shall facilitate a meeting between the complainant and the accused to allow a discussion of the matter, if both agree. If the parties do not agree to such a meeting, the committee shall request statements regarding the complaint from each of the parties. 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.
κ2010 Statutes of Nevada, 26th Special Session, Page 106 (FILE NUMBER 1, ACR 1)κ
10. The Legislature will not retaliate against a person who files a complaint and will not knowingly permit any retaliation by the persons supervisors or coworkers.
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 and lobbyists are responsible for adhering to the provisions of this policy. The prohibitions against engaging in sexual harassment and the protections against becoming a victim of sexual harassment set forth in this policy apply to employees, Legislators, lobbyists, vendors, contractors, customers and visitors to the Legislature.
14. This policy does not create any enforceable legal rights in any person.
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Assembly Resolution No. 1Committee of the Whole
FILE NUMBER 2
Assembly RESOLUTION — Adopting the Rules of the Assembly for the 26th Special Session of the Nevada Legislature.
Resolved by the Assembly of the State of Nevada, That the following Rules of the Assembly for the 26th Special Session of the Legislature are hereby adopted:
I. APPLICABILITY
Rule No. 1. Generally.
The Rules of the Assembly for the 26th Special Session of the Legislature are applicable only during the 26th 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 Speakers 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.
κ2010 Statutes of Nevada, 26th Special Session, Page 107 (FILE NUMBER 2, AR 1)κ
(c) Decide all questions of order, subject to a members right to appeal to the Assembly. On appeal from such decisions, the Speaker has the right, in the Speakers 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) Have the power to accredit the persons who act as representatives of the news media and assign them seats.
(f) Sign all bills and resolutions passed by the Legislature as provided by law.
(g) Sign all subpoenas issued by the Assembly.
(h) Receive all messages and communications from other departments of the government and announce them to the Assembly.
(i) Represent the Assembly, declare its will and in all things obey its commands.
(j) 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 Speakers vote would be decisive. In all yea and nay votes, the Speakers 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. Chief Clerk.
1. The Chief Clerk is elected by the Assembly and is responsible to the Speaker.
2. The Chief Clerk shall recruit, select, train and supervise all attaches employed to assist with the work of the Assembly.
3. The Chief Clerk shall administer the daily business of the Assembly.
4. The Chief Clerk shall adopt such administrative policies as she deems necessary to carry out the business of the Assembly.
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.
All meetings of the Assembly and its committees must be open to the public.
Rule No. 12. Reserved.
κ2010 Statutes of Nevada, 26th Special Session, Page 108 (FILE NUMBER 2, AR 1)κ
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. 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. Legislative Ethics.
1. In determining whether a Legislator has a conflict of interest, the Legislator should consider whether the independence of judgment of a reasonable person in his position upon the matter in question would be materially affected by:
(a) His acceptance of a gift or loan;
(b) His private economic interest; or
(c) His commitment to a member of his household or his immediate family.
2. Except as otherwise provided in subsection 3, if a Legislator knows he has a conflict of interest pursuant to subsection 1, the Legislator shall make a general disclosure of the conflict of interest on the record in a meeting of a committee or on the floor of the Assembly, as applicable. Such a disclosure must be entered:
(a) If the Legislator makes the disclosure in a meeting of a committee, in the minutes for that meeting.
(b) If the Legislator makes the disclosure on the floor of the Assembly, in the Journal.
3. If, on one or more prior occasions during the current session of the Legislature, a Legislator has made a general disclosure of a conflict of interest on the record in a meeting of a committee or on the floor of the Assembly, the Legislator is not required to make that general disclosure at length again regarding the same conflict of interest if, when the matter in question arises on subsequent occasions, the Legislator makes a reference on the record to the previous disclosure.
κ2010 Statutes of Nevada, 26th Special Session, Page 109 (FILE NUMBER 2, AR 1)κ
question arises on subsequent occasions, the Legislator makes a reference on the record to the previous disclosure.
4. In determining whether to abstain from voting upon, advocating or opposing a matter concerning which a Legislator has a conflict of interest pursuant to subsection 1, the Legislator should consider whether:
(a) The conflict impedes his independence of judgment; and
(b) His interest is greater than the interests of an entire class of persons similarly situated.
5. The provisions of this rule do not under any circumstances and regardless of any conflict of interest:
(a) Prohibit a Legislator from requesting or introducing a legislative measure; or
(b) Require a Legislator to take any particular action before or while requesting or introducing a legislative measure.
6. If a Legislator who is a member of a committee declares on the record when a vote is to be taken by the committee that he will abstain from voting because of the requirements of this rule, the necessary quorum to act upon and the number of votes necessary to act upon the matter is reduced as though the Legislator abstaining were not a member of the committee.
7. Except as otherwise provided in the Joint Rules of the 26th Special Session, the standards and procedures set forth in this rule which govern whether and to what extent a member of the Assembly has a conflict of interest, should disclose a conflict of interest or should abstain from voting upon, advocating or opposing a matter concerning which the member has a conflict of interest pursuant to subsection 1:
(a) Are exclusive and are the only standards and procedures that apply to members of the Assembly with regard to such matters; and
(b) Supersede and preempt all other standards and procedures with regard to such matters.
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 Speakers name must be called last.
5. The electronic roll call system may be used to determine the presence of a quorum.
κ2010 Statutes of Nevada, 26th Special Session, Page 110 (FILE NUMBER 2, AR 1)κ
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.
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 40.
VI. LEGISLATIVE BODIES
Rule No. 40. Committee of the Whole.
1. All bills and resolutions may be referred only to the Committee of the Whole or to such committees as may be appointed by the Speaker pursuant to Rule 41.
2. The Speaker shall preside as Chair of the Committee of the Whole or name a Chair to preside.
3. A member of the Committee of the Whole may speak not 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.
4. The Chair may require any vote of the Committee of the Whole to be recorded in the manner designated by the Chair.
5. All amendments proposed by the Committee of the Whole:
(a) Must first be approved by the Committee of the Whole.
(b) Must be reported by the Chair to the Assembly.
6. The minutes of the meetings of the Committee of the Whole must be entered in the Assemblys final journal.
Rule No. 40.5. Committees.
In addition to the Committee of the Whole, the Speaker may appoint such other committees of the Assembly as she determines is necessary.
κ2010 Statutes of Nevada, 26th Special Session, Page 111 (FILE NUMBER 2, AR 1)κ
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 chair and vice chair of each committee.
Rule No. 42. Committee Action.
1. A 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 motion to reconsider action on a bill or resolution is not in order.
5. Committee introduction of legislative measures requires concurrence of a majority of the members of the entire committee and requires a commitment from each such concurring member to support final passage. A decision by a committee to request the drafting of an amendment for a bill requires concurrence of a majority of the members of the entire committee and requires a commitment from each such concurring member to support the amendment when it is considered on the floor of the Assembly.
6. The chair must be present when the committee votes to take any final action regarding bills or resolutions, but the chair is not required to vote.
7. No member of the committee may vote by proxy under any circumstances.
8. A committee shall not take a vote on the question of whether to exercise its statutory authority to issue a legislative subpoena unless the chair has informed the Speaker of the intention of the committee to consider such a question.
Rule No. 43. Subcommittees.
Subcommittees made up of committee members may be appointed by the chair 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, such other committees as the Speaker may appoint or a conference committee. The Speaker may request the drafting of five bills for the 26th Special Session without seeking the approval of the Committee of the Whole or any other committee that the Speaker may appoint.
κ2010 Statutes of Nevada, 26th Special Session, Page 112 (FILE NUMBER 2, AR 1)κ
Rule No. 46. Committee Action.
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 chair.
Rule No. 47. Committee Records.
The chair 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.
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 their completion.
Rule No. 49. Committee Hearings.
1. The presence of a quorum of the committee is desirable but not required to conduct a public hearing. At the discretion of the chair, members of the committee may attend, participate in and, if applicable, vote during the hearing via simultaneous telephone or video conference.
2. Public hearings are opened by the chair, who announces the subject under consideration and provides for those wishing to address the committee to be heard. These persons shall rise in an order determined by the chair, address the chair and furnish their names, addresses and firms or other organizations represented. Committee members may address the chair for permission to question the witness.
Rule No. 50. Reserved.
Rule No. 51. Reserved.
Rule No. 52. Reserved.
The next rule is 60.
VII. RULES GOVERNING MOTIONS
A. Procedure
Rule No. 60. Entertaining.
No motion may be debated until it is distinctly announced by the presiding officer. The presiding officer upon his own motion, or at the request of any member, may direct that the motion 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.
κ2010 Statutes of Nevada, 26th Special Session, Page 113 (FILE NUMBER 2, AR 1)κ
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 26th 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.
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.
κ2010 Statutes of Nevada, 26th Special Session, Page 114 (FILE NUMBER 2, AR 1)κ
The next rule is 91.
IX. CONDUCT OF BUSINESS
A. Rules and Procedure
Rule No. 91. Rescission, Change or Suspension of Rule.
No rule or order of the Assembly for the 26th Special Session of the Legislature may be rescinded or changed without a majority vote of the members elected; but a rule or order may be suspended temporarily by a majority vote 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. 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 majority vote of a committee.
3. Subsection 1 does not apply to:
(a) Meetings of the Committee of the Whole held on the floor of the Assembly;
(b) Other committee meetings held on the floor of the Assembly during a recess; or
(c) Conference committee meetings.
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 Assemblymans 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.
κ2010 Statutes of Nevada, 26th Special Session, Page 115 (FILE NUMBER 2, AR 1)κ
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 Speakers 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, subject to the approval of the majority of members present, request that such remarks be 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 and judicial decisions thereon.
2. The Rules of the Assembly for the 26th Special Session of the Legislature and the Joint Rules of the Senate and Assembly for the 26th Special Session of the Legislature.
3. Custom, usage and precedence.
4. The Statutes of the State of Nevada.
5. Masons 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. A call of the House.
2. Motions to adjourn.
3. Recess.
4. Questions relating to the rights and privileges of the Assembly or any of its members.
Rule No. 103. Reserved.
κ2010 Statutes of Nevada, 26th Special Session, Page 116 (FILE NUMBER 2, AR 1)κ
B. Bills
Rule No. 104. Reserved.
The next rule is 106.
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 or third reading, as appropriate, and such amendments may be adopted by a majority vote of the members present. Any amendment which is numbered, copied and made available to all members must be moved and voted upon by number. 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, such committee as the Speaker may appoint 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. 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 by a majority vote of the members present.
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.
κ2010 Statutes of Nevada, 26th Special Session, Page 117 (FILE NUMBER 2, AR 1)κ
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 title 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, by either the Committee of the Whole, conference committee or other committee appointed by the Speaker, after receiving their second readings, must be placed upon a General File, to be kept by the Chief Clerk. The Chief Clerk shall post a daily statement of the bills on General File. The Chief Clerk shall likewise post notices of special orders as made.
Rule No. 114. Reserved.
Rule No. 115. Reserved.
Rule No. 116. Vetoed Bills.
1. Bills that have passed both Houses of the Legislature and are transmitted to the Assembly accompanied by a message or statement of the Governors disapproval or veto of the same must:
(a) Be taken up and considered immediately upon the coming in of the message transmitting the same; or
(b) Become the subject of a special order.
2. When the message is received, or if made a special order, when the special order is called, the said message or statement must be read together with the bill or bills so disapproved or vetoed. The message and bill must be read by the Chief Clerk without interruption, consecutively, one following the other, and not upon separate occasions. No such bill or message may 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 may be put by the Speaker is, Shall the bill pass, notwithstanding the objections of the Governor? It shall not be in order, at any time, to vote upon such a vetoed bill unless the same shall first have been read. No motion may be entertained after the Speaker has stated the question, save a motion to adjourn or a motion for the previous question, but the merits of the bill itself may be debated. The message or statement containing the objections of the Governor to the bill must be entered in the Journal of the Assembly.
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of the Governor to the bill must be entered in the Journal of the Assembly. The consideration of a vetoed bill, and the objections of the Governor thereto, shall be a privileged question, and shall take precedence over all others.
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, except that:
1. Joint resolutions, upon enrollment, must be delivered to the Secretary of State; and
2. Joint resolutions proposing amendments to the Constitution must be entered in the Journal in their entirety.
Rule No. 119. Return from the Secretary of State.
An Assembly resolution may be used to request the return from the Secretary of State of an enrolled Assembly resolution for further consideration.
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 Committees.
5. Reports of Select Committees.
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.
κ2010 Statutes of Nevada, 26th Special Session, Page 119 (FILE NUMBER 2, AR 1)κ
Rule No. 126. Reserved.
Rule No. 127. Reserved.
Rule No. 128. Reserved.
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.
________
Assembly Resolution No. 2Committee of the Whole
FILE NUMBER 3
Assembly RESOLUTION — Providing that no allowances will be paid for the 26th Special Session of the Nevada Legislature for periodicals, stamps, stationery or communications.
Resolved by the Assembly of the State of Nevada, That for the 26th 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 chair of a committee of the Assembly for postage, telephone tolls or other charges for communications.
________
Assembly Resolution No. 3Committee of the Whole
FILE NUMBER 4
Assembly RESOLUTION — Providing for the appointment of attaches.
Resolved by the Assembly of the State of Nevada, That the following persons are elected as attaches of the Assembly for the 26th Special Session of the Legislature of the State of Nevada: Kathryn Alden, Matthew Baker, Robin Bates, Cindy Benjamin, Bonnie Borda Hoffecker, Jeanne Douglass, Mary Matheus, Toshiko McIntosh, Sharon Murphy, Christie Peters, Terry Sullivan, Steve Sweeney and Debra Williams.
________
κ2010 Statutes of Nevada, 26th Special Session, Page 120κ
Senate Resolution No. 1Committee of the Whole
FILE NUMBER 5
Senate RESOLUTION — Adopting the Rules of the Senate for the 26th Special Session of the Legislature.
Resolved by the Senate of the State of Nevada, That the following Rules of the Senate for the 26th Special Session of the Legislature are hereby adopted:
I. APPLICABILITY
Rule No. 1. Generally.
The Rules of the Senate for the 26th Special Session of the Legislature are applicable only during the 26th 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. 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 and Other Presiding Officers.
1. Except as otherwise provided in subsection 2:
(a) 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.
(b) In the absence or inability of the President Pro Tem to discharge the duties of the Presidents office, the Senate shall elect one of its members as the presiding officer for that occasion. A member who is serving as the presiding officer has all the power and shall discharge all the duties of the President until the absence or inability which resulted in the member serving as the presiding officer has ended.
2. When the President Pro Tem or another member is serving as the presiding officer, the President Pro Tem or other member may vote on any question for which he is otherwise qualified to vote as a member. If the Senate is equally divided on the question, the President Pro Tem or other member may not give an additional deciding vote or casting vote pursuant to Senate Rule No.
κ2010 Statutes of Nevada, 26th Special Session, Page 121 (FILE NUMBER 5, SR 1)κ
member may not give an additional deciding vote or casting vote pursuant to Senate Rule No. 14 of the 26th Special Session or Section 17 of Article 5 of the Nevada Constitution.
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 Senates 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.
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 or a standing committee must be open to the public.
κ2010 Statutes of Nevada, 26th Special Session, Page 122 (FILE NUMBER 5, SR 1)κ
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.
Rule No. 11.5. Legislative Ethics.
1. In determining whether a Legislator has a conflict of interest, the Legislator should consider whether the independence of judgment of a reasonable person in his position upon the matter in question would be materially affected by:
(a) His acceptance of a gift or loan;
(b) His private economic interest; or
(c) His commitment to a member of his household or his immediate family.
2. Except as otherwise provided in subsection 3, if a Legislator knows he has a conflict of interest pursuant to subsection 1, the Legislator shall make a general disclosure of the conflict of interest on the record in a meeting of a committee or on the floor of the Senate, as applicable. Such a disclosure must be entered:
(a) If the Legislator makes the disclosure in a meeting of a committee, in the minutes for that meeting.
(b) If the Legislator makes the disclosure on the floor of the Senate, in the Journal.
3. If, on one or more prior occasions during the current session of the Legislature, a Legislator has made a general disclosure of a conflict of interest on the record in a meeting of a committee or on the floor of the Senate, the Legislator is not required to make that general disclosure at length again regarding the same conflict of interest if, when the matter in question arises on subsequent occasions, the Legislator makes a reference on the record to the previous disclosure.
κ2010 Statutes of Nevada, 26th Special Session, Page 123 (FILE NUMBER 5, SR 1)κ
Senate, the Legislator is not required to make that general disclosure at length again regarding the same conflict of interest if, when the matter in question arises on subsequent occasions, the Legislator makes a reference on the record to the previous disclosure.
4. In determining whether to abstain from voting upon, advocating or opposing a matter concerning which a Legislator has a conflict of interest pursuant to subsection 1, the Legislator should consider whether:
(a) The conflict impedes his independence of judgment; and
(b) His interest is greater than the interests of an entire class of persons similarly situated.
5. The provisions of this rule do not under any circumstances and regardless of any conflict of interest:
(a) Prohibit a Legislator from requesting or introducing a legislative measure; or
(b) Require a Legislator to take any particular action before or while requesting or introducing a legislative measure.
6. If a Legislator who is a member of a committee declares on the record when a vote is to be taken by the committee that he will abstain from voting because of the requirements of this rule, the necessary quorum to act upon and the number of votes necessary to act upon the matter is reduced as though the Legislator abstaining were not a member of the committee.
7. Except as otherwise provided in the Joint Rules of the 26th Special Session, the standards and procedures set forth in this rule which govern whether and to what extent a Senator has a conflict of interest, should disclose a conflict of interest or should abstain from voting upon, advocating or opposing a matter concerning which the Senator has a conflict of interest pursuant to subsection 1:
(a) Are exclusive and are the only standards and procedures that apply to Senators with regard to such matters; and
(b) Supersede and preempt all other standards and procedures with regard to such matters.
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 yea or nay or record himself as not voting, unless excused by unanimous vote of the Senate.
2. The votes and names of those absent or recorded as not voting and the names of Senators demanding the recorded vote must be entered in the Journal.
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.
κ2010 Statutes of Nevada, 26th Special Session, Page 124 (FILE NUMBER 5, SR 1)κ
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 or to such standing committee as may be appointed pursuant to Rule No. 16.5.
2. The Majority Leader shall preside as Chair of the Committee of the Whole or name a Chair to preside.
3. Any meeting of the Committee of the Whole may be conducted outside the Senate Chamber, as designated by the Chair of the Committee.
4. A member of the Committee of the Whole may speak only once on an item listed on the Committees agenda, for a period of not more than 10 minutes, unless he is granted leave of the Chair to speak for a longer period or more than once. If a member is granted leave to speak for a longer period or more than once, the Chair may limit the length of additional time that the member may speak.
5. Any motion made by a member of the Committee of the Whole must be seconded by another member of the Committee of the Whole.
6. The Chair may require any vote of the Committee of the Whole to be recorded in the manner designated by the Chair.
7. All amendments proposed by the Committee of the Whole:
(a) Must first be approved by the Committee.
(b) Must be reported by the Chair to the Senate.
8. The minutes of the Committees meetings must be entered in the final Journal.
Rule No. 16.5. Standing Committees.
In addition to the Committee of the Whole, such standing committees may be appointed as may be deemed necessary.
Rule No. 17. Rules Applicable to Standing Committees and Committee of the Whole.
The Rules of the Senate shall apply to proceedings in Committee of the Whole and such standing committees as may be appointed, except that the previous question shall not be ordered. The rules of parliamentary practice contained in Masons Manual of Legislative Procedure shall govern such committees 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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Rule No. 18. Motion to Rise Committee of the Whole.
A motion that the Committee of the Whole 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.
Κ 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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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 45 of the 26th Special Session, 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. Masons Manual.
The rules of parliamentary practice contained in Masons 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 26th Special Session of the Legislature, and the Joint Rules of the Senate and Assembly for the 26th Special Session of the Legislature.
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Rule No. 30. Suspension of Rule.
No rule or order of the Senate for the 26th 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 26th 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 26th 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 Senators 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.
κ2010 Statutes of Nevada, 26th Special Session, Page 128 (FILE NUMBER 5, SR 1)κ
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 and Resolutions
Rule No. 37. Requests for the Drafting of Bills, Resolutions and Amendments.
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 Senate unless it is submitted by the Committee of the Whole, a standing committee or a Conference Committee. The Senate Majority Leader may request the drafting of five bills for the 26th Special Session without seeking the approval of the Committee of the Whole or any other committee that may be appointed for the 26th Special Session.
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 or a standing committee.
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 Senate Majority Leader pursuant to Senate Rule No. 37 of the 26th Special Session.
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 or a standing committee must be placed on a Second Reading File unless recommended for placement on the Consent Calendar.
2. The Committee of the Whole or a standing committee shall not recommend a bill or joint resolution for placement on the Consent Calendar if:
κ2010 Statutes of Nevada, 26th Special Session, Page 129 (FILE NUMBER 5, SR 1)κ
(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.
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, a standing committee or a Conference Committee may be considered.
3. Amendments proposed by the Committee of the Whole or a standing committee 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 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.
Rule No. 43. Certain Resolutions 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 must be entered in the Journal in its entirety.
Rule No. 44. Certain Resolutions Treated as Motions.
Resolutions, other than those referred to in Senate Rule No. 43 of the 26th Special Session of the Legislature, must be treated as motions in all proceedings of the Senate.
Rule No. 44.5. Return From the Secretary of State.
A Senate resolution may be used to request the return from the Secretary of State of an enrolled Senate resolution for further consideration.
C. Order of Business, Special Orders and Other Matters
Rule No. 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 Committees.
κ2010 Statutes of Nevada, 26th Special Session, Page 130 (FILE NUMBER 5, SR 1)κ
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.
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.
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Senate Resolution No. 2Committee of the Whole
FILE NUMBER 6
Senate RESOLUTION — Providing that no allowances will be paid for the 26th Special Session of the Nevada Legislature for periodicals, stamps, stationery or communications.
Resolved by the Senate of the State of Nevada, That for the 26th 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 chair of a committee of the Senate for postage, telephone tolls or other charges for communications.
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κ2010 Statutes of Nevada, 26th Special Session, Page 131κ
Senate Resolution No. 3Committee of the Whole
FILE NUMBER 7
Senate RESOLUTION — Providing for the appointment of attaches.
Resolved by the Senate of the State of Nevada, That the following persons are elected as attaches of the Senate for the 26th Special Session of the Legislature of the State of Nevada: Susan Gaither, Jane Gill, Lynn S. Hendricks, Delia John, Evelyn Mattheus, Julie Mogensen, Ann-Berit Moyle, Mary R. Phillips, Jerry Pieretti, Sherry L. Rodriguez, Susan S. Whitford and Jeanine M. Wittenberg.
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Assembly Concurrent Resolution No. 2Committee of the Whole
FILE NUMBER 8
Assembly Concurrent RESOLUTION — Urging certain actions by the school districts and the Nevada System of Higher Education to respond to the current budget shortfall.
Whereas, The serious downward movement of the economy of the United States has, in turn, had a negative effect on the economy of the State of Nevada, including high rates of unemployment and an alarmingly high rate of foreclosure; and
Whereas, Although the 2009 Session of the Legislature addressed what was then a looming budget gap by making cuts to the States budget of about $1 billion and implementing temporary tax increases amounting to an estimated $781 million, recent economic projections yield a nearly $900 million budget shortfall; and
Whereas, While meeting its constitutional duty to balance the States budget, the Legislature has taken extraordinary measures to shield public education from further cuts with the recognition that public education funding is imperative to ensure the future success of Nevadas children and in the long term, to ensure the success of Nevadas economic recovery; now, therefore, be it
Resolved by the Assembly of the State of Nevada, the Senate Concurring, That the Legislature hereby urges the boards of trustees of the 17 county school districts and the Board of Regents of the University of Nevada to make every possible effort during this fiscal crisis to protect the needs of Nevadas students and to ensure a high-quality public education while examining ways to maximize efficiency by:
1. Examining the function and efficacy of programs and services to determine whether any should be eliminated or replaced because they no longer serve a useful purpose;
2. Examining whether benefits offered to higher-level staff can be reduced or temporarily reduced;
3. Reviewing the ratios of administrators to staff and administrators to students and considering adjustments to those ratios if it is determined that the number of administrators is too high in relation to the number of staff or students, as applicable;
κ2010 Statutes of Nevada, 26th Special Session, Page 132 (FILE NUMBER 8, ACR 2)κ
4. Posting organizational structures, administration levels and budgets on publicly available websites to ensure transparency;
5. Examining overhead costs to determine if there are efficiencies that may be gained in implementing alternative methods of purchasing, maintenance and other practices;
6. Ensuring that any adjustments made to salaries and benefits are made in a fair and equitable manner so that some employees are not exempt from the impact of such adjustments; and
7. Considering the shared sacrifice that is necessary to prevent massive layoffs and to ensure a high quality of service to Nevadas students; and be it further
Resolved, That on or before September 1, 2010, the board of trustees of each school district and the Board of Regents of the University of Nevada provide a report of their findings and any adjustments made and actions taken as a result of those findings to the Director of the Legislative Counsel Bureau for transmission to the Interim Finance Committee and the next regular session of the Nevada Legislature; and be it further
Resolved, That the Chief Clerk of the Assembly prepare and transmit a copy of this resolution to the president of the board of trustees of each school district and the Chair of the Board of Regents of the University of Nevada.
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Senate Concurrent Resolution No. 1Senators Horsford, Raggio, Townsend, Lee, Care; Amodei, Breeden, Carlton, Cegavske, Coffin, Copening, Mathews, McGinness, Nolan, Olsen, Parks, Rhoads, Schneider, Washington, Wiener and Woodhouse
FILE NUMBER 9
Senate Concurrent RESOLUTION — Urging local government employers and local government employee organizations to mutually address the impacts of the budget shortfall.
Whereas, The continued downturn in the national economy has had a dramatic negative impact on the economy of the State of Nevada, including creating the highest unemployment rate in the history of the State and one of the highest unemployment rates in the country, causing many people to lose their health insurance benefits, placing a burden on the social services provided in the State and forcing many businesses to close and families to lose their jobs and homes; and
Whereas, The 2009 Session of the Nevada Legislature addressed what was then a looming budget gap by making cuts to the States budget of about $1 billion, implementing temporary tax increases amounting to an estimated $781 million and imposing furlough requirements on state employees which amounted to a 4.6 percent temporary reduction in salaries; and
Whereas, Because recent projections yield an unprecedented budget shortfall of nearly $900 million, the Legislature has been called into this Special Session to deal with this dire fiscal emergency; and
Whereas, The Legislature has a constitutional duty to balance the States budget and therefore is making careful but difficult decisions that include consideration of steep reductions in almost every major governmental program, additional furlough hours for state employees and deviation from the required hours of operation for both state and local governments; and
κ2010 Statutes of Nevada, 26th Special Session, Page 133 (FILE NUMBER 9, SCR 1)κ
governmental program, additional furlough hours for state employees and deviation from the required hours of operation for both state and local governments; and
Whereas, The support and services provided by local governments in Nevada is critical, and there must be awareness that without consideration of temporary reductions to salaries, massive layoffs will occur through negotiated agreements and further cuts will have to be made to these vital public services; and
Whereas, It is in the best interest collectively for the State and the local governments to recognize the shared sacrifice we all must make to ensure further layoffs will not happen, as those layoffs would in turn have a further negative impact on the States unemployment rate and mortgage crisis; and
Whereas, In recognition of this shared sacrifice, the local government employees have risen to the occasion by making concessions during this difficult time; and
Whereas, The process of local government collective bargaining in this State historically has been conducted between employers and employees and does not provide an opportunity for the public to raise meaningful questions and offer input; and
Whereas, A collective bargaining process that allows for more transparency would benefit the public for a better understanding of the process and outcome of the negotiated agreement; now, therefore, be it
Resolved by the Senate of the State of Nevada, the Assembly Concurring, That the Legislature hereby urges local government employers and local government employee organizations to recognize the difficult task with which this Legislature is faced and to recognize the shared sacrifice that is necessary to reduce the impact of the crippling budget shortfall on this State; and be it further
Resolved, That these employers and employee organizations are hereby urged to rise to the challenge by recognizing that desperate times call for desperate measures and that now is the time to think outside the box and consider ways to come mutually to the bargaining table outside the clogged bureaucratic process and cooperatively address the budget shortfall in an effort to avoid massive layoffs and cuts to vital public services; and be it further
Resolved, That this Special Session of the Legislature hereby urges the 2011 Regular Session of the Legislature to examine the current process of local government collective bargaining and contract negotiations in this State with the goal of increasing the transparency to provide the public with a meaningful opportunity to hold local governments and local government employee organizations accountable; and be it further
Resolved, That the Secretary of the Senate prepare and transmit a copy of this resolution to local government employers of this State and the local government employee organizations in this State.
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