SR 1 — Adopts the Rules of the Senate for the 32nd Special Session of the Nevada Legislature. (BDR R-2)

QUORUM, VOTING, ELECTIONS 7 Rule No.

Every Senator within the bar of the Senate shall vote - 32nd Special Session (2020) – 7 – “yea” or “nay” or record himself or herself as “not voting,” unless excused by unanimous vote of the Senate.

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 Senate Rule No.

- *SR1* – 8 – 2.

- 32nd Special Session (2020) – 8 – 6.

- *SR1* – 9 – VII.

RULES GOVERNING MOTIONS 3 A.

M OTIONS G ENERALLY 5 Rule No.

- 32nd Special Session (2020) – 9 – Rule No.

1.

To adjourn.

P ARTICULAR M OTIONS RuleRulA No.motion to adjourn shall always be in order unless a motion to reconsider a final vote on a bill or resolution or any other action is pending.

22.

To Adjourn.

A motion to adjourn shall always be in order unless a motion to reconsider a final vote on a bill or resolution or any other action is pending.

- *SR1* – 10 – Rule No.

5 Rule No.

- 32nd Special Session (2020) – 10 – Rule No.

A question must be divided if the Senate determines it embraces subjects so distinct that if one subject is taken away, a substantivesub3.anA propositionmotion remainsto forstrike theout decisionand ofinsert themust Senate.not be divided.e.

3.

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

10 and 45 of the 32nd 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 or she is granted leave of the President to speak for a longer period or more than once.

3.shall not be considered the same question.

Incidental and subsidiary questions arising during debate shallRule notNo. be considered the same question.

Rule No.

“Shall the main question be put?” When sustained by a majority of Senators present, it shall put an end to all debate and bring the Senate to a - *SR1* – 11 – vote on the question or questions before it, and all incidental questions arising after the motion was made shall be decided without debate.

6- 32nd Special Session (2020) – 11 – IX.

CONDUCT OF BUSINESS 8 A.

GGENERALLY ENERALLYRulThe Rulerules No.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 32nd Special Session of the Legislature, and the Joint Rules of the Senate and Assembly for the 32nd Special Session of the Legislature.

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 32nd Special Session of the Legislature, and the Joint Rules of the Senate and Assembly for the 32nd Special Session of the Legislature.

(a) State officers;

- *SR1* – 12 – Rule No.

Only the Sergeant at Arms and officers and employees of the Senate may place papers, letters, notes, pamphlets and other - 32nd Special Session (2020) – 12 – written material upon a Senator’s desk.

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.material.ls of the Rule No.

Rule No.

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.

- *SR1*32nd Special Session (2020) – 13 – Rule No.

The reading of a bill is by number, sponsorspo2.orThe first reading of a bill is for information, and summary.if there is opposition to the bill, the question must be, “Shall this bill be rejected?” If there is no opposition to the bill, or if the question to reject is defeated, the bill must then take the usual course.

2.

The first reading of a bill is for information, and if there is opposition to the bill, the question must be, “Shall this bill be rejected?” If there is no opposition to the bill, or if the question to reject is defeated, the bill must then take the usual course.

(c)(d) It requiresis acontroversial two-thirdsin votenature.of of the Senate;

or (d)4. It is controversial in nature.

4.

- 32nd Special Session (2020) – 14 – (b) No remarks or questions are in order and the bills remaining on the Consent Calendar must be voted upon without debate.

-Rul1.NoUpon *SR1*reading –of 14bills –on Rulethe No.Second Reading File, Senate and Assembly bills reported without amendments must be placed on the General File.

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.

Bills which have passed the Legislature, and forwarded by letter, to the Senate by the Governor and which are accompanied by a message of the Governor’s disapproval, or veto of the same, shall become a special order and, at which time, the said message shalland bethe read,message togetherand with the bill orshall billsbe soread disposedwithout orinterruption,toed; vetoed;

and the message and the bill shall be read without interruption, consecutively, one following the other, and not upon separate occasions;

- 32nd Special Session (2020) – 15 – C.

Joint 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 of State Constitution are subject, in all respects, to the foregoing - *SR1* – 15 – rules governing the course of bills except that such joint resolutions may require only two readings and both readings may occur on the same day.

7 Rule No.

43 and 43.3 of the 32nd Special Session of the Legislature, must be treated as motions in all proceedings of the Senate.

A Senate resolution may be used to request the return from the Secretaryconsideration.tate of State of an enrolled Senate resolution for further consideration.Rule No.

Rule No.

- 32nd Special Session (2020) – 16 – 11.

15.

Special Orders of the Day.

- *SR1* – 16 – Rule No.

6 Rule No.

REMOTER EMOTE -TECHNOLOGY SYSTEMS Rule No.

- 32nd Special Session (2020) – 17 – 3.

(a) To protect the health, safety and welfare of Legislators, members of legislative staff and others who participate in the legislative process amid the ongoing and widespread public-health crisis caused by the COVID-19 pandemic, the Remote-Technology Rules are intended to authorize necessary protective and safety - *SR1* – 17 – measures intended to keep the legislative process as safe and free as reasonably possible from the extraordinary danger, risk, harm, injury and peril posed by the COVID-19 pandemic.

(b) To enable the members of the Senate to represent their constituents and carry out their official powers, functions, duties and responsibilities in the legislative process amid the ongoing and widespread public-health crisis caused by the COVID-19 pandemic, the Remote-Technology Rules are intended to authorize members of the Senate, under certain circumstances, to use remote-technology systems to attend, participate, vote and take any other action in legislative proceedings when determined to be necessary as a protective or safety measure to keep the legislative process as safe and free as reasonably possible from the extraordinaryCOVID-19 danger,pandemic.er, risk, harm, injury and peril posed by the (c) To safeguard the workings of the Legislative Department of Nevada’s State Government and preserve and protect the continuity and efficacy of its legislative operations amid the ongoing and widespread public-health crisis caused by the COVID-19 pandemic.pandemic, the Remote-Technology Rules are intended to ensure that the Senate may efficiently and effectively carry out its official powers, functions, duties and responsibilities which are expressly and exclusively assigned to the Senate by the Nevada Constitution and which cannot be exercised or performed by any other body or branch of Nevada’s State Government.

(c) To safeguard the workings of the Legislative Department of Nevada’s State Government and preserve and protect the continuity and efficacy of its legislative operations amid the ongoing and widespread public-health crisis caused by the COVID-19 pandemic, the Remote-Technology Rules are intended to ensure that the Senate may efficiently and effectively carry out its official powers, functions, duties and responsibilities which are expressly and exclusively assigned to the Senate by the Nevada Constitution and which cannot be exercised or performed by any other body or branch of Nevada’s State Government.

Because of the extraordinary danger, risk, harm, injury and peril posed by the COVID-19 pandemic, the Remote- Technology Rules must be liberally construed to achieve their intended public purposes, and if there is any uncertainty or doubt - 32nd Special Session (2020) – 18 – regarding the interpretation or application of the Remote- Technology Rules, that uncertainty or doubt must be resolved in favor of carrying out the intended public purposes of the Remote- Technology Rules.

- *SR1* – 18 – 2.

8 Rule No.

(a) The Majority Leader may authorize the member to use a remote-technology system to attend, participate, vote and take any other action in any proceedings of the Senate or the Committee ofofy the Whole if the Majority Leader determines that such use by the member is necessary as a protective or safety measure to carry out the public purposes of the Remote-Technology Rules.

- 32nd Special Session (2020) – 19 – 2.

If a member of the Senate uses a remote-technology system to attend, participate, vote and take any other action in any proceedings pursuant to the Remote-Technology Rules, the member shall be deemed to be present and in attendance at the proceedingspro3.edFor forthe allpurposes purposes.of voting in proceedings of:

3.

For the purposes of voting in proceedings of:

- *SR1* – 19 – Rule No.

Legislature, 120 Nev.

456 (2004);

Commission on Ethics v.

Hardy, 125 Nev.

Mason’s Manual of Legislative Procedure §§§§, 2-3 & 560-564 (2010) (Mason’s Manual)) (b) Section 6 of Article 4 of the Nevada Constitution invests each House with plenary and exclusive constitutional powers to determine the rules of its proceedings and to govern, control and regulate its membership and its internal organization, affairs and management, expressly providing that:

“Each House shall judge of the qualifications, elections and returns of its own members, choose its own officers (except the President of the Senate), determine the rules of its proceedings and may punish its members for disorderly conduct, and with the concurrence of two thirds of all the members elected, expel a member.” (c) In addition to its plenary and exclusive constitutional powers, each House possesses certain inherent powers of institutional self-protection and self-preservation to govern, - 32nd Special Session (2020) – 20 – control and regulate its membership and its internal organization, affairs and management.

Cushing, Elements of the Law & Practice of Legislative Assemblies § 533 (1856) (Cushing’s LegislativeLeg(d) Assemblies)) (d) The inherent powers of each House are considered “so essential to the authority of a legislative assembly, that it cannot well exist without them;

395, 403 (1866)) - *SR1* – 20 – (g) Under the Nevada Constitution, there are no constitutional provisions establishing a particular method for determining whether a member of either House is present at legislative proceedings.

(h) The United States Supreme Court has held that when there are no constitutional provisions establishing a particular method for determining whether a member of a legislative house is present at legislative proceedings, “it is therefore within the competency of the house to prescribe any method which shall be reasonably certain to ascertain the fact.” (United States v.

1, 6 (1892)) (i) The United States Supreme Court has also held that when a legislative house adopts a rule establishing a reasonable method for determining whether a member is present at legislative proceedings, that rule must be given great deference by the courts because:

It may not by its rules ignore constitutional restraints or violate fundamental rights, and - 32nd Special Session (2020) – 21 – there should be a reasonable relation between the mode or method of proceeding established by the rule and the result which is sought to be attained.

-(b) *SR1*Ensure –its 21institutional –self-protection and self- preservation;

andits institutional self-protection and self- (c) Establish a reasonable method for determining whether a member of the Senate is present at legislative proceedings amid the ongoing and widespread public-health crisis caused by the COVID-19 pandemic in order to keep the legislative process as safe and free as reasonably possible from the extraordinary danger, risk, harm, injury and peril posed by the COVID-19 pandemic.

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