SR 1 — Adopts the Standing Rules of the Senate for the 81st Session of the Legislature. (BDR R-889)

An individual may file a complaint which alleges a breach of ethics or a conflict of interest, including, without limitation, an alleged breach of the Legislative Code of Ethical Standards in the Joint Standing Rules.

and (c) Filed with the Legislative Counsel who shall review the complaint and any other relevant information and consult with the Chair of the Committee or, if the Chair is the subject of the complaint, with the Vice Chair, to evaluate whether the Committee has jurisdiction and whether an investigation is warranted in the matter.matter(1) Does not have jurisdiction or that an investigation is not warranted in the matter, the Legislative Counsel shall send written notice of the determination to the individual who filed the complaint.

If it is determined that the Committee:

(1) Does not have jurisdiction or that an investigation is not warranted in the matter, the Legislative Counsel shall send written notice of the determination to the individual who filed the complaint.

- *SR1*81st Session (2021) – 8 – 10.Code of Ethical Standards in the Joint Standing Rules and, inlative addition, must determine whether he or she has a conflict of interest upon any matter in question before the Legislator.

Each Legislator is subject, at all times, to the Legislative Code of Ethical Standards in the Joint Standing Rules and, in addition, must determine whether he or she has a conflict of interest upon any matter in question before the Legislator.

 In interpreting and applying the provisions of this subsection, it must be presumed that the independence of judgment of a reasonable person in the Legislator’s situation would not be materially affected by the Legislator’s private economic interest or the Legislator’s commitment to a member of his or her household or immediate family where the resulting benefit or detrimentdetrimentold accruing to the Legislator, or if the Legislator has a commitment to a member of his or her household or immediate family, accruing to those other persons, is not greater than that accruing to any other member of the general business, profession, occupation or group that is affected by the matter.

(b) If the Legislator makes the disclosure on the floor of the Senate,Sen12. in the Journal.

12.

13.- 81st Session (2021) – 9 – advocating or opposing a matter concerning which a Legislator has a conflict of interest pursuant to subsection 10, the Legislator should consider whether:

In determining whether to abstain from voting upon, advocating or opposing a matter concerning which a Legislator - *SR1* – 9 – has a conflict of interest pursuant to subsection 10, the Legislator should consider whether:

If a Legislator who is a member of a committee declares on the record when a vote is to be taken by the committee that he or she will abstain from voting because of the requirements of this Rule, the necessary quorum to act upon and the number of votes necessary to act upon the matter is reduced as though thethevotes Legislator abstaining were not a member of the committee.

17.person who is related to the Legislator by blood, adoption or marriage within the first degree of consanguinity or affinity.

For purposes of this Rule, “immediate family” means a person who is related to the Legislator by blood, adoption or marriage within the first degree of consanguinity or affinity.

- *SR1*81st Session (2021) – 10 – IV.

QUORUM, VOTING, ELECTIONS 3 Rule No.

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.vote.or joint Rule No.

Rule No.

Appointments to committees shall be made by the Majority Leader for the majority party members and by the Minority Leader for - 81st Session (2021) – 11 – the minority party members.

- *SR1* – 11 – 2.

The Majority Leader shall refer prefiled bills and resolutions to committee, subject to ratification by a majority vote of the3.e SenateExcept onceas theotherwise Senateprovided isin organizedsubsection and4, readythe forstanding. business.

3.and select committees of the Senate and their respective jurisdiction for the reference of bills and resolutions are as follows:

Except as otherwise provided in subsection 4, the standing and select committees of the Senate and their respective jurisdiction for the reference of bills and resolutions are as follows:

(b) Education, seven members, with jurisdiction over measures affecting primarily chapters 353B, 378-380A, 385-386 and 388- 399 of NRS, except measures affecting primarily state and local revenue.

(d) Government Affairs, five members, with jurisdiction over measures affecting primarily titles 20, 21, 25, 27, 28, 30, 36 and 37 of NRS, and chapters 223-228, 232-233I, 234-237, 238-242, 271, 277-280, 286-289, 353, 353A, 353C-358, 381, 384, 472, 474, 477, 693B, 709, 710 and 720 of NRS, except measures affecting primarily the provisions of the Nevada Administrative Procedure Act that govern the adjudication of contested cases, the Tahoe Regional Planning Compact and the Tahoe Regional Planning Agency, state and local revenue and state and federal budget issues.

(f) Health and Human Services, five members, with jurisdiction over measures affecting primarily titles 38, 39 and 56 of NRS, chapters 439-442 of NRS, NRS 444.002-444.430 and - 81st Session (2021) – 12 – affecting primarily state and local revenue.xcept measures (g) Judiciary, eight members, with jurisdiction over measures affecting primarily the provisions of the Nevada Administrative Procedure Act that govern the adjudication of contested cases, titles 2-7, 9, 11-16 and 41 of NRS, and chapters 446-458A,1, 4602-7, 101-104A, 111-117, 119A, 120, 120A, 475, 719, 721 and 583-585722 of NRS, except measures affecting primarily state and local revenue.

(g) Judiciary, eight members, with jurisdiction over measures affecting primarily the provisions of the Nevada Administrative Procedure Act that govern the adjudication of contested cases, - *SR1* – 12 – titles 2-7, 9, 11-16 and 41 of NRS, and chapters 1, 2-7, 101-104A, 111-117, 119A, 120, 120A, 475, 719, 721 and 722 of NRS, except measures affecting primarily state and local revenue.

(i) Natural Resources, five members, with jurisdiction over measures affecting primarily titles 26 and 45-50 of NRS, chapters 383, 407 and 407A of NRS, NRS 444.435-444.650, chapters 444A- 445D, 459, 488, 581, 582 and 586-590 of NRS, and the Tahoe Regional Planning Compact and the Tahoe Regional Planning Agency, except measures affecting primarily state and local revenue.

If the Chair or any member of a committee is temporarily unable to perform his or her duties, the Majority Leader shall appoint an alternate of the same political party to serve in the Chair’s or the member’s place for such time as is determined by the Majority Leader.

- 81st Session (2021) – 13 – RulThe several committees shall acquaint themselves with the interests of the State specially represented by the committee and shall present such bills and reports as in their judgment will advance the interests and promote the welfare of the people of the State.

43.

Duties of Committees.

The several committees shall acquaint themselves with the interests of the State specially represented by the committee and shall present such bills and reports as in their judgment will advance the interests and promote the welfare of the people of the State.

- *SR1* – 13 – Rule No.

3 Rule No.

5 Rule No.

The Rules of the Senate shall apply to proceedings in Committee of the Whole, except that the previous question shall not be ordered, nor the yeas and nays demanded, but the Committee may limit the number of times that any member may speak, at any stage of proceedings, during its sitting.

When a motion is made to refer any subject, and different committees are proposed, the subject may be referred to the committee with jurisdiction over the subject as set forth in Senate Standing Rule No.

Any bill or other matter referred to a committee of the Senate must not be withdrawn or ordered taken from the committee for consideration by the Senate, for re-referral, or for - 81st Session (2021) – 14 – any other reason without a majority vote of the Senate, and at least one day’s notice of the motion therefor.

(a) If the bill to be withdrawn or ordered taken from the committeecom(b) mayOn nothe longerlast beday consideredof bythe session, or on the Senate;day preceding the last day of the session.

or (b) On the last day of the session, or on the day preceding the last day of the session.

- *SR1* – 14 – Rule No.

3 Rule No.

5 Rule No.

In addition to regularly scheduled meetings of a committee or those called by the Chair of the committee, meetings may be set bythe aChair written petition of athe majoritycommittee.majority of the committee and filed with the5. Chair of the committee.

5.

7.- 81st Session (2021) – 15 – must be taken in the presence of the committee.

A committee shall act only when together, and all votes must be taken in the presence of the committee.

A member who is actually present in the committee at a posted video conference or other remote location is present and in attendance - *SR1* – 15 – at the meeting for all purposes.

A member who is participating in a committee meeting with all committee members participating through the use of a remote-technology system pursuant to the direction of the Majority Leader shall participate in the committee meetingThe fromprovisions aof locationthis othersubsection thando not prohibit the prefiling of legislative bills and resolutions on behalf of a committee meetingin room.the manner prescribed by the Legislative Commission.

The provisions of this subsection do not prohibit the prefiling of legislative bills and resolutions on behalf of a committee in the manner prescribed by the Legislative Commission.

11.on bills to anyone requesting notices of particular bills.rings 12.

Secretaries to committees shall give notices of hearings on bills to anyone requesting notices of particular bills.

12.

Upon completion of - 81st Session (2021) – 16 – the minutes, the Chair will review for approval.

At the conclusion of the legislative session, the Secretary of the Senate shall deliver all minutes and records of committee meetings in his or her possession to the Research Library of the Legislative Counsel Bureau.Bur13.

13.

- *SR1* – 16 – 15.

- 81st Session (2021) – 17 – When a proposal is under debate no motion shall be received but the following, which shall have precedence in the order named:

2.

For a call of the Senate.

of the Senate.

- *SR1* – 17 – 2.

7 B.

P ARTICULAR M OTIONS 9 Rule No.

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.

Rule- No.81st Session (2021) – 18 – Rul1.NoAny Senator may call for a division of a proposal.

67.

Division of Proposal.

1.

Any Senator may call for a division of a proposal.

Whenever a Senator moves to change the usual disposition of a bill or resolution, he or she shall describe the subject of the bill or - *SR1* – 18 – resolution and state the reasons for requesting the change in thetheill or processing of the bill or resolution.

4 The next rule is 80.

6 VII.

DEBATE 8 Rule No.

(b) A second time without leave when others who have not spokenspo3.n desireIncidental and subsidiary proposals arising during debate shall not be considered the floor.same proposal.

3.

Incidental and subsidiary proposals arising during debate shall not be considered the same proposal.

“Shall the main question be put?” When sustained by a majority of Senators present it shall put an end to all debate and bring the Senate to a vote on the proposal or proposals before it, and all incidental proposals- arising81st afterSession the(2021) motion– was19 made– shall be decided without debate.

RuleRulNo No.standing rule or order of the Senate shall be rescinded or changed without a majority vote of the Senate and one day’s notice of the motion therefor;

91.

Suspension of Rule.

No standing rule or order of the Senate shall be rescinded or changed without a majority vote of the Senate and one day’s - *SR1* – 19 – notice of the motion therefor;

Notices shall include the date, time, place and agenda, and shall be posted conspicuously in the Legislative Building and shall be mademadee posted available to the news media.

Rule- No.81st Session (2021) – 20 – Rul1.NoTo 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:

94.

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:

1.the Senate may place papers, letters, notes, pamphlets and other written material upon a Senator’s desk.

OnlySuch thematerial Sergeantmust atcontain Armsthe andname officersof andthe employeesLegislator ofrequesting the Senateplacement mayof placethe papers,material letters,on notes,the pamphletsdesk andor othera writtendesignation materialof uponthe aorigin Senator’sof desk.the material.

Such material must - *SR1* – 20 – contain the name of the Legislator requesting the placement of the material on the desk or a designation of the origin of the material.

7 Rule No.

9 Rule No.

- 81st Session (2021) – 21 – 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.

RuleRulAll No.questions relating to the priority of business shall be decided without debate.

103.

Questions Relating to Priority of Business.

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

BBILLS ILLS AND RESOLUTIONS Rule No.

- *SR1* – 21 – Rule No.

Bills introduced may be accompanied by information relative to witnesses and selected persons of departments and agencies who should be considered for committee hearings on the proposed legislation.

- 81st Session (2021) – 22 – 3.

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

or -3. *SR1* – 22 – (d) It is controversial in nature.

3.

(b)- No81st remarksSession or(2021) questions– are23 in– order and the bills remaining on the Consent Calendar must be voted upon without debate.

or (a) The Senator has served in the Senate for 10 or more years;

or (b) A physical or medical condition requires the Senator to use the bill books rather than viewing bills on a laptop computer.

A Senator may request that his or her name be added as a sponsor of a bill or resolution that is introduced in the Senate if the Senator has submitted to the Secretary of the Senate a statement approving the request signed by the Senator who introduced the bill or resolution, including, without limitation, - *SR1* – 23 – submission by electronic means.

A Senator may make a request to havehav(a) hisA orresolution herof namethe addedSenate, asat aany sponsortime of:after the resolution is introduced in the Senate and before the resolution is passed by the Senate.

(a) A resolution of the Senate, at any time after the resolution is introduced in the Senate and before the resolution is passed by the Senate.

and (2)- At81st anySession time(2021) after– the24 bill– or resolution is returned to the Senate following passage by the Assembly and before the bill ororto the resolution is enrolled.

 In such case, if the Senator is the only sponsor of the bill or resolution, another Senator may request that his or her name bebeor added to the bill or resolution as a sponsor without receiving the approval from the original sponsor.

1.and Assembly bills reported without amendments must be orderedte to the General File.

UponCommittee readingamendments ofreported with bills onmust thebe Secondconsidered Readingupon File,their Senatesecond reading and Assemblysuch billsamendments reportedmay withoutbe amendmentsadopted mustby bea orderedmajority tovote of the Generalmembers File.present.

Committee amendments reported with bills - *SR1* – 24 – must be considered upon their second reading and such amendments may be adopted by a majority vote of the members present.

- 81st Session (2021) – 25 – 2.

Bills so amended on second reading must be treatedamended upon the sameGeneral asFile billsmust withbe committeereprinted amendments.and engrossed so or reengrossed.

Any bill so amended upon the General File must be reprinted and engrossed or reengrossed.

Bills which have passed the Legislature, and forwarded by letter, to the Senate by the Secretary of State or the Governor and which are accompanied by a message of the Governor’s disapproval, or veto of the same, shall become a special order and, at which time, the said message shall be read, together with the bill or bills so disposed or vetoed;

that is to say, that immediately following such reading the only questions (except as hereinafter stated) which shall be put by the Chair is, “Shall the bill pass, notwithstanding the objections of the Governor?” It shall not be in order, at any time, to vote upon such vetoed bill without - *SR1* – 25 – the same having first been read;

6- 81st Session (2021) – 26 – Rule No.

and no bill or resolution shall be amended by incorporating any irrelevant subject matter or by association or annexing any other bill or resolution pending in the Senate, but a substitute may be offered at any time so long as thethee original is open to amendment.

Any member may move to amend a joint resolution and the motion to amend may be adopted by a majority vote of the membersthe present.same as joint resolutions with committee amendments.

JointAnyd resolutionsjoint resolution so amended must be treatedreprinted theand sameengrossed asor jointreengrossed, resolutionsand withordered committeeto amendments.the Resolution File.

Any joint resolution so amended must be reprinted and engrossed or reengrossed, and ordered to the Resolution File.

- *SR1* – 26 – 8.

4 Rule No.

- 81st Session (2021) – 27 – Once the sponsor has moved for the adoption of a memorial resolution, not more than one member from each caucus, and, upon request of a member of the body and the approval of the Majority Leader, one additional member may speak on the resolution.

118 and 118.2, resolutions must be treated as motions in all proceedings of the Senate.

RuleRulA No.Senate resolution may be used to request the return from the Secretary of State of an enrolled Senate resolution for further consideration.

119.2.

Return From the Secretary of State.

A Senate resolution may be used to request the return from the Secretary of State of an enrolled Senate resolution for further consideration.

OORDER RDER OF B USINESSUSINESS,S ,SPECIALPECIAL O RDERS AND OTHERO THER M ATTERS Rule No.

- *SR1* – 27 – Rule No.

6- 81st Session (2021) – 28 – Rule No.

8 Rule No.

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

124.

Preference to Speak.

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

Rule No.

(b) Credit total noncontinuous service in the Senate second;

The Senate shall not dismiss a statement of contest for want of form if any ground of contest is alleged with sufficient - *SR1* – 28 – certainty to inform the defendant of the charges he or she is required to meet.

- 81st Session (2021) – 29 – (a) That the election board or any member thereof was guilty of malfeasance.

(c) That illegal votes were cast and counted for the defendant, which, if taken from the defendant, will reduce the number ofofdant, legal votes below the number necessary to elect him or her.

At least 5 days’ notice must be given to the prospective deponent and to the other party.

After consideration of all the evidence, the Senate shall declare the defendant elected unless the Senate finds from the evidenceevidencere that a person other than the defendant received the greatest number of legal votes, in which case the Senate shall declare that person elected.

REMOTER EMOTE -TECHNOLOGY SYSTEMS Rule No.

53, the Remote-Technology Rules supersede, take precedence and control over any other rule, provision or - *SR1*81st –Session 29(2021) – principle30 of– lawTechnology toRules.to the extent of any conflict with the Remote- Technology3. Rules.

3.

9 Rule No.

(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 measures intended to keep the legislative process as safe and free injury and peril posed by the COVID-19 pandemic.nger, risk, harm, (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 extraordinary danger, risk, harm, injury and peril posed by the COVID-19 pandemic.

(b)(c) To enablesafeguard the membersworkings of the SenateLegislative toDepartment representof theirNevada’s constituentsState Government and carrypreserve out their official powers, functions, duties and responsibilitiesprotect 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 authorizeensure membersthat of the Senate,Senate undermay certainefficiently circumstances,and toeffectively usecarry remote-technologyout systemsits toofficial attend,powers, participate,functions, voteduties and takeresponsibilities anywhich otherare actionexpressly inand legislativeexclusively proceedingsassigned when determined to bethe necessarySenate asby a protective or safety measure to keep the legislativeNevada processConstitution as safe and freewhich ascannot reasonablybe possibleexercised fromor theperformed extraordinaryby danger,any risk,other harm,body injuryor andbranch perilof posedNevada’s byState theGovernment. COVID-19 pandemic.

(c)- To81st safeguardSession the(2021) workings– of31 the– Legislative Department of Nevada’s State Government and preserveperil andposed 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-TechnologyRemote-m, Rulesinjury areTechnology intendedRules tomust ensurebe thatliberally theconstrued Senateto mayachieve efficientlytheir andintended effectivelypublic carrypurposes, outand itsif officialthere powers,is functions,any dutiesuncertainty andor responsibilitiesdoubt whichregarding arethe expresslyinterpretation andor exclusivelyapplication assignedof to the SenateRemote- byTechnology theRules, Nevadathat Constitutionuncertainty andor whichdoubt cannotmust be exercisedresolved orin performedfavor byof anycarrying otherout bodythe orintended branchpublic purposes of Nevada’sthe StateRemote- Government.Technology Rules.

2.Rule No.

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 - *SR1* – 30 – 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.

6 Rule No.

Approved by the Majority Leader and uses any electronic, digital or other similar technology to enable a member of the Senate from a remote location to attend, participate, vote and take any other action in any proceedings of the Senate or the Committee of the Whole even though the member is not physically present within the Senate Chambers or at a meeting of thetheically Committee of the Whole.

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

(2) A member who uses a remote-technology system to attend or participate in a proceeding of the Senate may not vote on any matter on which a vote is taken in that proceeding unless the member- is81st usingSession the(2021) remote-technology– system32 to– attend or participate in the proceeding from a location in this State.

(b) The chair of a committee, other than the Committee of the Whole, may authorize the member to use a remote-technology system to attend, participate, vote and take any other action in any proceedings of the committee if the chair determines that such use by the member is necessary as a protective or safety measure to - *SR1* – 31 – carry out the public purposes of the Remote-Technology Rules.

(a) The Committee of the Whole, the Secretary of the Senate, or an authorized assistant, shall call the roll of each member who is authorized to use a remote-technology system for the proceedings and, in accordance with the procedures of the Senate, cause the member’s vote to be entered into the record for the purposes of the records of the Committee of the Whole, as applicable.

(a) The Nevada Constitution invests each House of the Legislature with certain plenary and exclusive constitutional powers which may be exercised only by that House and which cannot be usurped, infringed or impaired by the other House or by any other branch of Nevada’s State Government.

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 - 81st Session (2021) – 33 – 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.” - *SR1* – 32 – (c) In addition to its plenary and exclusive constitutional powers, each House possesses certain inherent powers of institutional self-protection and self-preservation to govern, control and regulate its membership and its internal organization, affairs and management.

and they are consequently entitled to be regarded as belonging to every such assembly as a necessary incident.” (Cushing’s Legislative Assemblies § 533) (e) The inherent powers of each House authorize it to take all necessary and proper institutional actions that are “recognized by the common parliamentary law.” (Cushing’s Legislative Assemblies § 684) (f) Thus, it is well established that each House is “vested with all the powers and privileges which are necessary and incidental to aThese freepowers and unobstructedprivileges exerciseare ofderived itsnot appropriatefrom functions.the Constitution;

These powers and privileges are derived not from the Constitution;

1, 6 (1892)) (i)- The81st UnitedSession States(2021) Supreme– Court34 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:

The constitution empowers each house to determine - *SR1* – 33 – its rules of proceedings.

(a) Govern, control and regulate its membership and its internalint(b) organization,Ensurenizatits, affairsinstitutionalanself-protection and management;self- preservation;

(b) Ensure its institutional self-protection and self- preservation;

- 81st Session (2021) – 35 – The next rule is 140.

LEGISLATIVE INVESTIGATIONS RuleRulWitnesses No.summoned to appear before the Senate, or any of its committees, shall be compensated as provided by law for witnesses required to attend in the courts of the State of Nevada.

140.And be it further R ESOLVED , That this resolution becomes effective upon adoption.

Compensation~~~~~ of21 Witnesses.- 81st Session (2021)

Witnesses summoned to appear before the Senate, or any of its committees, shall be compensated as provided by law for witnesses required to attend in the courts of the State of Nevada.

- *SR1* – 34 – AndRESOLVEDu, That this resolution becomes effective upon adoption.

H - *SR1*