Assembly Joint Resolution No. 5–Assemblymen Price,
Giunchigliani, Carpenter, Goldwater, Lambert, Sandoval, Manendo, Arberry, Mortenson, Lee, Segerblom, Evans, Freeman, Bache, Krenzer, Chowning, Nolan, Koivisto, Anderson, Buckley, Ohrenschall, Amodei, Close, Herrera, Parks, Cegavske, Williams, Berman, de Braga, Neighbors, Tiffany, Ernaut and Dini
February 27, 1997
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Referred to Committee on Elections, Procedures, and Ethics
SUMMARY—Proposes to amend Nevada constitution to provide for limited annual legislative sessions. (BDR C-308)
FISCAL NOTE: Effect on Local Government: No.
Effect on the State or on Industrial Insurance: No.
EXPLANATION – Matter in italics is new; matter in brackets [ ] is material to be omitted.
ASSEMBLY JOINT RESOLUTION—Proposing to amend the Nevada constitution to provide
for limited annual legislative sessions.
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Resolved by the Assembly and Senate of the State of Nevada,1-2
Jointly, That a new section be added to article 4, and sections 2 and 33 of1-3
article 4 of the constitution of the State of Nevada be amended to read1-4
respectively as follows:1-5
Sec. 29A. The Legislature shall adjourn sine die each:1-6
1. Regular session in an:1-7
(a) Odd-numbered year not later than midnight Pacific standard time1-8
120 calendar days following its commencement. Any legislative action1-9
taken after midnight Pacific standard time on the 120th calendar day is1-10
void, unless the legislative action is conducted during a special session1-11
convened by the Governor.1-12
(b) Even-numbered year not later than midnight Pacific standard time1-13
45 calendar days following its commencement. Any legislative action taken1-14
after midnight Pacific standard time on the 45th calendar day is void,1-15
unless the legislative action is conducted during a special session convened1-16
by the Governor.2-1
2. Special session not later than midnight Pacific standard time 202-2
calendar days following its commencement. Any legislative action taken2-3
after midnight Pacific standard time on the 20th calendar day is void.2-4
Sec. 2. 1.2-5
sessions of the Legislature shall be2-6
on the2-7
2-8
2-10
2-11
2-12
2-13
2-14
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of:2-16
(a) February in odd-numbered years; and2-17
(b) March in even-numbered years.2-18
2. The Governor, by proclamation:2-19
(a) May convene the Legislature for a special session not to exceed 202-20
calendar days in accordance with section 9 of article 5 of this constitution.2-21
(b) Shall convene the Legislature for a special session not to exceed 202-22
calendar days not later than 45 calendar days after receipt of a petition by2-23
two-thirds of the members elected to each House calling for a special2-24
session and setting forth the topics for consideration during the special2-25
session. If the Legislature is convened for a special session pursuant to this2-26
paragraph, the Governor may add to the list of topics to be considered by2-27
the Legislature during that special session.2-28
3. The Governor shall submit :2-29
(a) In odd-numbered years, the proposed executive budget ; and2-30
(b) In even-numbered years, any proposed appropriations or proposed2-31
revisions to the executive budget,2-32
to the Legislature not later than2-33
commencement of each regular session.2-34
2-35
services, a compensation to be fixed by law and paid out of the public2-36
treasury, for2-37
regular session of the legislature and2-38
special session convened by the governor; but no increase of such2-39
compensation shall take effect during the term for which the members of2-40
either house shall have been elected Provided, that an appropriation may be2-41
made for the payment of such actual expenses as members of the Legislature2-42
may incur for postage, express charges, newspapers and stationery not2-43
exceeding the sum of Sixty dollars for any general or special session to each2-44
member; and Furthermore Provided, that the Speaker of the Assembly, and3-1
Lieutenant Governor, as President of the Senate, shall each, during the time of3-2
their actual attendance as such presiding officers receive an additional3-3
allowance of two dollars per diem.3-4
And be it further3-5
Resolved, That section 9 of article 5 of the constitution of the State of3-6
Nevada be amended to read as follows:3-7
3-8
the Legislature by Proclamation for a special session not to exceed 203-9
calendar days and shall state to both houses when organized, the purpose for3-10
which they have been convened, and the Legislature shall transact no3-11
legislative business, except that for which they were specially convened, or3-12
such other legislative business as the Governor may call to the attention of the3-13
Legislature while in Session.3-14
And be it further3-15
Resolved, That section 2 of article 19 of the constitution of the State of3-16
Nevada be amended to read as follows:3-17
Sec. 2. 1. Notwithstanding the provisions of section 1 of article 4 of3-18
this constitution, but subject to the limitations of section 6 of this article, the3-19
people reserve to themselves the power to propose, by initiative petition,3-20
statutes ,3-21
and to enact or reject them at the polls.3-22
2. An initiative petition shall be in the form required by section 3 of this3-23
article and shall be proposed by a number of registered voters equal to 103-24
percent or more of the number of voters who voted at the last preceding3-25
general election in not less than 75 percent of the counties in the state, but the3-26
total number of registered voters signing the initiative petition shall be equal3-27
to 10 percent or more of the voters who voted in the entire state at the last3-28
preceding general election.3-29
3. If the initiative petition proposes a statute or an amendment to a3-30
statute, the person who intends to circulate it shall file a copy with the3-31
secretary of state before beginning circulation and not earlier than3-32
3-33
3-34
will be transmitted commences its regular session. After its circulation, it3-35
shall be filed with the secretary of state not less than 30 days prior to any3-36
regular session of the legislature. The circulation of the petition shall cease on3-37
the day the petition is filed with the secretary of state or such other date as3-38
may be prescribed for the verification of the number of signatures affixed to3-39
the petition, whichever is earliest. The secretary of state shall transmit such3-40
petition to the legislature as soon as the legislature convenes and organizes.3-41
The petition shall take precedence over all other measures except3-42
appropriation bills, and the statute or amendment to a statute proposed3-43
thereby shall be enacted or rejected by the legislature without change or3-44
amendment within 40 days. If the proposed statute or amendment to a statute4-1
is enacted by the legislature and approved by the governor in the same4-2
manner as other statutes are enacted, such statute or amendment to a statute4-3
shall become law, but shall be subject to referendum petition as provided in4-4
section 1 of this article. If the statute or amendment to a statute is rejected by4-5
the legislature, or if no action is taken thereon within 40 days, the secretary of4-6
state shall submit the question of approval or disapproval of such statute or4-7
amendment to a statute to a vote of the voters at the next succeeding general4-8
election. If a majority of the voters voting on such question at such election4-9
votes approval of such statute or amendment to a statute, it shall become law4-10
and take effect upon completion of the canvass of votes by the supreme court.4-11
An initiative measure so approved by the voters shall not be amended,4-12
annulled, repealed, set aside or suspended by the legislature within 3 years4-13
from the date it takes effect. If a majority of such voters votes disapproval of4-14
such statute or amendment to a statute, no further action shall be taken on4-15
such petition. If the legislature rejects such proposed statute or amendment,4-16
the governor may recommend to the legislature and the legislature may4-17
propose a different measure on the same subject, in which event, after such4-18
different measure has been approved by the governor, the question of4-19
approval or disapproval of each measure shall be submitted by the secretary4-20
of state to a vote of the voters at the next succeeding general election. If the4-21
conflicting provisions submitted to the voters are both approved by a majority4-22
of the voters voting on such measures, the measure which receives the largest4-23
number of affirmative votes shall thereupon become law. If at the session of4-24
the legislature to which an initiative petition proposing an amendment to a4-25
statute is presented which the legislature rejects or upon which it takes no4-26
action, the legislature amends the statute which the petition proposes to4-27
amend in a respect which does not conflict in substance with the proposed4-28
amendment, the secretary of state in submitting the statute to the voters for4-29
approval or disapproval of the proposed amendment shall include the4-30
amendment made by the legislature.4-31
4. If the initiative petition proposes an amendment to the constitution, the4-32
person who intends to circulate it shall file a copy with the secretary of state4-33
before beginning circulation and not earlier than September 1 of the year4-34
before the year in which the election is to be held. After its circulation it shall4-35
be filed with the secretary of state not less than 90 days before any regular4-36
general election at which the question of approval or disapproval of such4-37
amendment may be voted upon by the voters of the entire state. The4-38
circulation of the petition shall cease on the day the petition is filed with the4-39
secretary of state or such other date as may be prescribed for the verification4-40
of the number of signatures affixed to the petition, whichever is earliest. The4-41
secretary of state shall cause to be published in a newspaper of general4-42
circulation, on three separate occasions, in each county in the state, together4-43
with any explanatory matter which shall be placed upon the ballot, the entire5-1
text of the proposed amendment. If a majority of the voters voting on such5-2
question at such election votes disapproval of such amendment, no further5-3
action shall be taken on the petition. If a majority of such voters votes5-4
approval of such amendment, the secretary of state shall publish and resubmit5-5
the question of approval or disapproval to a vote of the voters at the next5-6
succeeding general election in the same manner as such question was5-7
originally submitted. If a majority of such voters votes disapproval of such5-8
amendment, no further action shall be taken on such petition. If a majority of5-9
such voters votes approval of such amendment, it shall, unless precluded by5-10
subsection 5 or 6, become a part of this constitution upon completion of the5-11
canvass of votes by the supreme court.5-12
5. If two or more measures which affect the same section of a statute or5-13
of the constitution are finally approved pursuant to this section, or an5-14
amendment to the constitution is finally so approved and an amendment5-15
proposed by the legislature is ratified which affect the same section, by the5-16
voters at the same election:5-17
(a) If all can be given effect without contradiction in substance, each shall5-18
be given effect.5-19
(b) If one or more contradict in substance the other or others, the measure5-20
which received the largest favorable vote, and any other approved measure5-21
compatible with it, shall be given effect. If the one or more measures that5-22
contradict in substance the other or others receive the same number of5-23
favorable votes, none of the measures that contradict another shall be given5-24
effect.5-25
6. If, at the same election as the first approval of a constitutional5-26
amendment pursuant to this section, another amendment is finally approved5-27
pursuant to this section, or an amendment proposed by the legislature is5-28
ratified, which affects the same section of the constitution but is compatible5-29
with the amendment given first approval, the secretary of state shall publish5-30
and resubmit at the next general election the amendment given first approval5-31
as a further amendment to the section as amended by the amendment given5-32
final approval or ratified. If the amendment finally approved or ratified5-33
contradicts in substance the amendment given first approval, the secretary of5-34
state shall not submit the amendment given first approval to the voters again.5-35
And be it further5-36
Resolved, That the explanation prepared pursuant to NRS 218.443 for5-37
this constitutional amendment must include a statement that, if the qualified5-38
electors of this state approve the constitutional amendment proposed by this5-39
resolution, legislators would then be entitled to receive, during each regular,5-40
annual session and each special session, compensation for each calendar day5-41
of service.5-42
And be it further5-43
Resolved, That section 12 of article 17 of the constitution of the State of5-44
Nevada be repealed.
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TEXT OF REPEALED SECTION
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Sec: 12. Commencement date of first three legislative sessions;6-3
regular sessions of legislature to be held biennially. The first regular6-4
session of the Legislature shall commence on the second Monday of6-5
December A.D. Eighteen hundred and Sixty Four, and the second regular6-6
session of the same shall commence on the first Monday of January A.D.6-7
Eighteen hundred and Sixty Six; and the third regular session of the6-8
Legislature shall be the first of the biennial sessions, and shall commence on6-9
the first Monday of January A.D. Eighteen hundred and Sixty Seven; and the6-10
regular sessions of the Legislature shall be held thereafter biennially.~