Senate Resolution No. 4–Senators Raggio and Titus

 

July 1, 2003

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Read and Adopted

 

SUMMARY—Acknowledges petition for Writ of Mandamus filed by Governor requesting Nevada Supreme Court to direct Senate and Assembly to fulfill certain constitutional obligations. (BDR R‑42)

 

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EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted.

 

Senate RESOLUTION—Acknowledging the petition for a Writ of Mandamus filed by the Governor of the State of Nevada requesting the Nevada Supreme Court to direct the Senate and Assembly to fulfill certain constitutional obligations.

 

1-1      Whereas, Section 1 of Article 4 of the Nevada Constitution

1-2  provides that the legislative authority of the State of Nevada is

1-3  vested in a Senate and Assembly which shall be designated as the

1-4  Legislature of the State of Nevada; and

1-5      Whereas, Sections 2 and 6 of Article 11 of the Nevada

1-6  Constitution require the Legislature of the State of Nevada to

1-7  provide for a uniform system of common schools and to provide for

1-8  the support and maintenance of those schools; and

1-9      Whereas, In accordance with this constitutional duty to fund

1-10  schools, the Senate of the State of Nevada, during this 20th Special

1-11  Session of the Legislature, passed Senate Bill No. 4, to make

1-12  appropriations to the State Distributive School Account for the

1-13  purposes of class-size reduction, and Senate Bill No. 5, to apportion

1-14  the State Distributive School Account and to authorize certain

1-15  expenditures for educational purposes; and

1-16      Whereas, Section 2 of Article 9 of the Nevada Constitution

1-17  requires the Nevada Legislature to provide by law for an annual tax

1-18  sufficient to defray the estimated expenses of the State for each

1-19  fiscal year and to provide for a tax that is sufficient, with other

1-20  sources of income, to pay the estimated expenses of the State; and

2-1      Whereas, To carry out this constitutional duty, the Senate of

2-2  the State of Nevada, during the 20th Special Session, passed by a

2-3  constitutional two-thirds majority vote Senate Bill No. 2 and Senate

2-4  Bill No. 6, which together would provide for sufficient revenues to

2-5  ensure that the State Distributive School Account and the program

2-6  for class-size reduction are adequately funded; and

2-7      Whereas, The Attorney General of the State of Nevada, on

2-8  behalf of the Governor of this state, has filed in the Supreme Court

2-9  of the State of Nevada a petition for the issuance of a Writ of

2-10  Mandamus that would direct the Legislature to act by a time certain

2-11  to comply with Section 6 of Article 11 and Section 2 of Article 9 of

2-12  the Nevada Constitution by appropriating an amount sufficient for

2-13  the support of the common schools and providing by law for an

2-14  annual tax that is sufficient to defray the estimated expenses of the

2-15  State for the fiscal years commencing on July 1, 2003, and July 1,

2-16  2004; and

2-17      Whereas, During this 20th Special Session of the Nevada

2-18  Legislature, the Senate of the State of Nevada has carried out its

2-19  constitutional duties on behalf of the residents of this state by

2-20  passing legislation to support the common schools of this state and

2-21  to provide sufficient revenues for a balanced budget; now, therefore,

2-22  be it

2-23      Resolved by the Senate of the State of Nevada, That this

2-24  body hereby acknowledges the filing by the Governor of the State of

2-25  Nevada of a petition for a Writ of Mandamus directing the Senate

2-26  and Assembly to fulfill their constitutional obligations to provide for

2-27  the support and maintenance of schools and for a balanced budget;

2-28  and be it further

2-29      Resolved, That the members of the Senate hereby direct the

2-30  Legislative Counsel to take such actions as are necessary and

2-31  appropriate to respond on behalf of the Senate of the State of

2-32  Nevada to the Governor’s petition for a Writ of Mandamus; and be

2-33  it further

2-34      Resolved, That the Secretary of the Senate prepare and

2-35  transmit a copy of this resolution to the Clerk of the Supreme Court.

 

2-36  H