Assembly Joint Resolution No. 1–Joint Rules Committee
Assembly Joint RESOLUTION—Proposing to amend the Constitution of the State of Nevada to provide a citizens’ commission to establish the salaries of certain elected officers, to remove the requirement that the system for county and township government be uniform, to remove the requirement that the Legislature fix the compensation of certain county officers, to authorize the Legislature to provide for the appointment of certain county officers and to require each board of county commissioners to determine the salaries of certain county officers in its respective county.
Resolved by the Assembly and Senate of the State of Nevada,
Jointly, That a new section be added to article 4, and sections 25, 26, 32
and 33 of article 4 of the Constitution of the State of Nevada be amended
to read respectively as follows:
Sec. 33A. 1. The legislature shall provide by law for a
citizens’ commission on salaries for certain elected officers.
2. The commission must consist of seven members who have
diverse personal and professional interests and reside in various
geographical areas of this state of which:
(a) Five members are appointed jointly by the speaker of the
assembly and the majority leader of the senate; and
(b) Two members are appointed by the governor.
3. Each member of the commission must be a resident of this
state and must not be a state officer, public employee or lobbyist, or
a parent, spouse, sibling, child or dependent relative of a state
officer, public employee or lobbyist.
4. Except as otherwise provided in this section, the term of
office of each member of the commission is 4 years. The speaker of
the assembly and the majority leader of the senate shall jointly
appoint two of the members first appointed for an initial term of 2
years. The governor shall appoint one of the members first
appointed for an initial term of 2 years. If a vacancy occurs, the
appointing authority shall fill the vacancy for the unexpired term in
the same manner as the original appointment, within 30 days after
the vacancy occurs. A member of the commission may not serve
more than two terms.
5. An appointing authority may remove a member of the
commission only for cause of incapacity, incompetence, neglect of
duty, malfeasance in office or failure to meet a qualification set
forth in subsection 3.
6. The commission shall elect a chairman from among its
members. Except as otherwise provided in this section, the
commission shall adopt rules of procedure for the conduct of its
hearings and any other procedural rules it deems necessary to carry
out its duties. The affirmative vote of a majority of all the members
appointed to the commission is required to take action.
7. Members of the commission are entitled to:
(a) The compensation provided by law for members of the
commission on judicial discipline who are not judicial officers; and
(b) The per diem allowance and travel expenses provided by law
for state officers and employees generally.
8. The commission shall:
(a) Study the relationship of salaries to the duties of the members
of the legislature, the governor, lieutenant governor, secretary of
state, state treasurer, state controller, attorney general, justices of
the supreme court and judges of the district courts;
(b) Compare the salaries of the elected officers set forth in
paragraph (a) to the salaries of persons who are employed by a
public or private employer and who have similar qualifications as
those elected officers;
(c) Fix the salaries of the elected officers set forth in paragraph
(a); and
(d) Carry out any duties provided by the legislature.
9. The commission may increase, but not diminish, the salary of
an elected officer set forth in paragraph (a) of subsection 8 during
his term of office. The commission may exercise any powers
conferred by the legislature.
10. The commission shall file its initial schedule of salaries
for the elected officers with the secretary of state not later than
January 1, 2005, and shall file a schedule of salaries not later than
January 1 of each odd-numbered year thereafter. Each schedule of
salaries is effective for the period from the July 1 immediately
following the January 1 that the schedule is due through the June
30 of the next odd-numbered year. The legislature shall provide by
law for setting apart from each year’s revenues a sufficient amount
of money to pay such salaries.
11. Before the commission may file a schedule of salaries with
the secretary of state, the commission shall hold at least four
meetings to receive public testimony on the schedule. At the last
public hearing before the schedule is filed with the secretary of
state, the commission shall adopt the schedule as originally
proposed or as amended. All meetings of the commission are
subject to the provisions of any open meeting laws made applicable
generally to other public bodies.
12. The legislative counsel bureau shall include in the Nevada
Revised Statutes a copy of the most recent schedule of salaries
established by the commission and filed with the secretary of state.
Sec. 25. The Legislature shall establish a system of County and
Township Government . [which shall be uniform throughout the
State.]
Sec. 26. The Legislature shall provide by law, for the election of
a Board of County Commissioners in each County, and such County
Commissioners shall jointly and individually perform such duties as
may be prescribed by law. The compensation of the members of the
Board of County Commissioners of each County must be fixed by
the Board of County Commissioners in each respective County.
Sec. 32. The Legislature shall have power to increase, diminish,
consolidate or abolish the following county officers: County Clerks,
County Recorders, Auditors, Sheriffs, District Attorneys and Public
Administrators. The Legislature shall provide for their election by the
people [,] or their appointment and fix by law their duties . [and
compensation.] The Board of County Commissioners of each
county shall determine the compensation of those county officers in
its respective county. County Clerks shall be ex-officio Clerks of the
Courts of Record and of the Boards of County Commissioners in and
for their respective counties.
[Sec.:] Sec. 33. The members of the Legislature shall receive for
their services, a compensation to be fixed by [law] the citizens’
commission on salaries for certain elected officers pursuant to
section 33A of this article and paid out of the public treasury, for [not
to exceed 60 days] each calendar day of service during any regular
session of the legislature and [not to exceed 20 days] during any
special session convened by the governor . [; but no increase of such
compensation shall take effect during the term for which the
members of either house shall have been elected Provided, that an]
An appropriation may be made for the payment of such actual
expenses as members of the Legislature may incur for postage,
express charges, newspapers and stationery not exceeding the sum of
Sixty dollars for any general or special session to each member; and
Furthermore Provided, that the Speaker of the Assembly, and
Lieutenant Governor, as President of the Senate, shall each, during
the time of their actual attendance as such presiding officers receive
an additional allowance of two dollars per diem.
And be it further
Resolved, That section 15 of article 6 of the Constitution of the State
of Nevada be amended to read as follows:
Sec. 15. The Justices of the Supreme Court and District Judges
shall each receive for their services a compensation to be fixed by
[law] the citizens’ commission on salaries for certain elected
officers pursuant to section 33A of article 4 and paid in the manner
provided by law . [, which shall not be increased during the term for
which they shall have been elected, unless] If a Vacancy occurs, [in
which case] the successor of the former incumbent shall receive [only
such salary as may be] the salary provided for that office by [law]
the citizens’ commission on salaries for certain elected officers at
the time of his election or appointment . [; and provision shall be
made by law for setting apart from each year’s revenue a sufficient
amount of Money, to pay such compensation.]
And be it further
Resolved, That section 9 of article 15 of the Constitution of the State
of Nevada be repealed.
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