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
____________
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.
Green numbers along left
margin indicate location on the printed bill (e.g., 5-15
indicates page 5, line 15).
1-1 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 of
1-3 article 4 of the constitution of the State of Nevada
be amended to read
1-4 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 time
1-8 120 calendar days following
its commencement. Any legislative action
1-9 taken after midnight
Pacific standard time on the 120th calendar day is
1-10 void, unless the
legislative action is conducted during a special session
1-11 convened by the Governor.
1-12 (b) Even-numbered year not later than midnight Pacific standard
time
1-13 45 calendar days following
its commencement. Any legislative action taken
1-14 after midnight Pacific
standard time on the 45th calendar day is void,
1-15 unless the legislative
action is conducted during a special session convened
1-16 by the Governor.
1-17 2. Special session not
later than midnight Pacific standard time 20
1-18 calendar days following its
commencement. Any legislative action taken
1-19 after midnight Pacific
standard time on the 20th calendar day is void.
1-20 Sec. 2. 1. [The] Except as otherwise
provided in subsection 2, the
1-21 sessions of the Legislature shall be [biennial,] annual, and
shall commence
2-1 on the [1st Monday of February following the election of members of the
2-2 Assembly, unless the
Governor of the State shall, in the interim, convene the
2-3 Legislature by proclamation.
2-4 2. The Legislature shall
adjourn sine die each regular session not later
2-5 than midnight Pacific
standard time 120 calendar days following its
2-6 commencement. Any
legislative action taken after midnight Pacific standard
2-7 time on the 120th calendar
day is void, unless the legislative action is
2-8 conducted during a special
session convened by the Governor.] first Monday
2-9 of:
2-10 (a) February
in odd-numbered years; and
2-11 (b) March
in even-numbered years.
2-12 2. The Governor, by
proclamation:
2-13 (a) May convene the Legislature for a special session not to exceed
20
2-14 calendar days in accordance
with section 9 of article 5 of this constitution.
2-15 (b) Shall convene the Legislature for a special session not to
exceed 20
2-16 calendar days not later
than 45 calendar days after receipt of a petition by
2-17 two-thirds of the members
elected to each House calling for a special
2-18 session and setting forth
the topics for consideration during the special
2-19 session. If the Legislature
is convened for a special session pursuant to this
2-20 paragraph, the Governor may
add to the list of topics to be considered by
2-21 the Legislature during that
special session.
2-22 3. The Governor shall submit :
2-23 (a) In
odd-numbered years, the proposed executive budget ; and
2-24 (b) In
even-numbered years, any proposed appropriations or proposed
2-25 revisions to the executive
budget,
2-26 to the Legislature not later than [14] 30 calendar
days before the
2-27 commencement of each regular session.
2-28 [Sec:] Sec.
33. The members of the Legislature
shall receive for their
2-29 services, a compensation to be fixed by law and paid
out of the public
2-30 treasury, for [not to exceed 60 days] each
calendar day of service during any
2-31 regular session of the legislature and [not to
exceed 20 days] during
any
2-32 special session convened by the governor; but no
increase of such
2-33 compensation shall take effect during the term for
which the members of
2-34 either house shall have been elected Provided, that
an appropriation may be
2-35 made for the payment of such actual expenses as
members of the Legislature
2-36 may incur for postage, express charges, newspapers
and stationery not
2-37 exceeding the sum of Sixty dollars for any general
or special session to each
2-38 member; and Furthermore Provided, that the Speaker
of the Assembly, and
2-39 Lieutenant Governor, as President of the Senate,
shall each, during the time of
2-40 their actual attendance as such presiding officers
receive an additional
2-41 allowance of two dollars per diem.
2-42 And be it further
2-43 Resolved, That section 9 of article 5
of the constitution of the State of
2-44 Nevada be amended to read as follows:
2-45 [Sec:] Sec.
9. The Governor may on extraordinary
occasions, convene
2-46 the Legislature by Proclamation for a
special session not to exceed 20
2-47 calendar days and shall state to both
houses when organized, the purpose for
2-48 which they have been convened, and the Legislature
shall transact no
2-49 legislative business, except that for which they
were specially convened, or
3-1 such other legislative business as the Governor may
call to the attention of the
3-2 Legislature while in Session.
3-3 And be it further
3-4 Resolved, That section 2 of article 19
of the constitution of the State of
3-5 Nevada be amended to read as follows:
3-6 Sec. 2. 1. Notwithstanding
the provisions of section 1 of article 4 of
3-7 this constitution, but subject to the limitations of
section 6 of this article, the
3-8 people reserve to themselves the power to propose,
by initiative petition,
3-9 statutes , [and] amendments to statutes
and amendments to this constitution,
3-10 and to enact or reject them at the polls.
3-11 2. An initiative petition shall be in the form
required by section 3 of this
3-12 article and shall be proposed by a number of
registered voters equal to 10
3-13 percent or more of the number of voters who voted at
the last preceding
3-14 general election in not less than 75 percent of the
counties in the state, but the
3-15 total number of registered voters signing the
initiative petition shall be equal
3-16 to 10 percent or more of the voters who voted in the
entire state at the last
3-17 preceding general election.
3-18 3. If the initiative petition proposes a statute
or an amendment to a
3-19 statute, the person who intends to circulate it
shall file a copy with the
3-20 secretary of state before beginning circulation and
not earlier than [January 1
3-21 of the year preceding the
year in which a regular session of the legislature is
3-22 held.] 1 year before the date on which the Legislature
to which the petition
3-23 will be transmitted
commences its regular session. After its circulation, it
3-24 shall be filed with the secretary of state not less
than 30 days prior to any
3-25 regular session of the legislature. The circulation
of the petition shall cease on
3-26 the day the petition is filed with the secretary of
state or such other date as
3-27 may be prescribed for the verification of the number
of signatures affixed to
3-28 the petition, whichever is earliest. The secretary
of state shall transmit such
3-29 petition to the legislature as soon as the
legislature convenes and organizes.
3-30 The petition shall take precedence over all other
measures except
3-31 appropriation bills, and the statute or amendment to
a statute proposed
3-32 thereby shall be enacted or rejected by the
legislature without change or
3-33 amendment within 40 days. If the proposed statute or
amendment to a statute
3-34 is enacted by the legislature and approved by the
governor in the same
3-35 manner as other statutes are enacted, such statute
or amendment to a statute
3-36 shall become law, but shall be subject to referendum
petition as provided in
3-37 section 1 of this article. If the statute or
amendment to a statute is rejected by
3-38 the legislature, or if no action is taken thereon
within 40 days, the secretary of
3-39 state shall submit the question of approval or
disapproval of such statute or
3-40 amendment to a statute to a vote of the voters at
the next succeeding general
3-41 election. If a majority of the voters voting on such
question at such election
3-42 votes approval of such statute or amendment to a
statute, it shall become law
3-43 and take effect upon completion of the canvass of
votes by the supreme court.
3-44 An initiative measure so approved by the voters
shall not be amended,
3-45 annulled, repealed, set aside or suspended by the
legislature within 3 years
3-46 from the date it takes effect. If a majority of such
voters votes disapproval of
3-47 such statute or amendment to a statute, no further
action shall be taken on
3-48 such petition. If the legislature rejects such
proposed statute or amendment,
3-49 the governor may recommend to the legislature and
the legislature may
4-1 propose a different measure on the same subject, in
which event, after such
4-2 different measure has been approved by the governor,
the question of
4-3 approval or disapproval of each measure shall be
submitted by the secretary
4-4 of state to a vote of the voters at the next
succeeding general election. If the
4-5 conflicting provisions submitted to the voters are
both approved by a majority
4-6 of the voters voting on such measures, the measure
which receives the largest
4-7 number of affirmative votes shall thereupon become
law. If at the session of
4-8 the legislature to which an initiative petition proposing an
amendment to a
4-9 statute is presented which the legislature rejects or upon
which it takes no
4-10 action, the legislature amends the statute which the
petition proposes to
4-11 amend in a respect which does not conflict in substance with
the proposed
4-12 amendment, the secretary of state in submitting the statute
to the voters for
4-13 approval or disapproval of the proposed amendment shall
include the
4-14 amendment made by the legislature.
4-15 4. If the initiative petition proposes an
amendment to the constitution, the
4-16 person who intends to circulate it shall file a copy
with the secretary of state
4-17 before beginning circulation and not earlier than
September 1 of the year
4-18 before the year in which the election is to be held.
After its circulation it shall
4-19 be filed with the secretary of state not less than
90 days before any regular
4-20 general election at which the question of approval
or disapproval of such
4-21 amendment may be voted upon by the voters of the
entire state. The
4-22 circulation of the petition shall cease on the day
the petition is filed with the
4-23 secretary of state or such other date as may be
prescribed for the verification
4-24 of the number of signatures affixed to the petition,
whichever is earliest. The
4-25 secretary of state shall cause to be published in a
newspaper of general
4-26 circulation, on three separate occasions, in each
county in the state, together
4-27 with any explanatory matter which shall be placed
upon the ballot, the entire
4-28 text of the proposed amendment. If a majority of the
voters voting on such
4-29 question at such election votes disapproval of such
amendment, no further
4-30 action shall be taken on the petition. If a majority
of such voters votes
4-31 approval of such amendment, the secretary of state
shall publish and resubmit
4-32 the question of approval or disapproval to a vote of
the voters at the next
4-33 succeeding general election in the same manner as
such question was
4-34 originally submitted. If a majority of such voters
votes disapproval of such
4-35 amendment, no further action shall be taken on such
petition. If a majority of
4-36 such voters votes approval of such amendment, it
shall, unless precluded by
4-37 subsection 5 or 6, become a part of this
constitution upon completion of the
4-38 canvass of votes by the supreme court.
4-39 5. If two or more
measures which affect the same section of a statute or
4-40 of the constitution are finally approved
pursuant to this section, or an
4-41 amendment to the constitution is finally
so approved and an amendment
4-42 proposed by the legislature is ratified
which affect the same section, by the
4-43 voters at the same election:
4-44 (a)
If all can be given effect without contradiction in substance, each shall
4-45 be given effect.
4-46 (b)
If one or more contradict in substance the other or others, the measure
4-47 which received the largest favorable
vote, and any other approved measure
4-48 compatible with it, shall be given
effect. If the one or more measures that
4-49 contradict in substance the other or
others receive the same number of
5-1 favorable votes, none of the measures
that contradict another shall be given
5-2 effect.
5-3 6.
If, at the same election as the first
approval of a constitutional
5-4 amendment pursuant to this section,
another amendment is finally approved
5-5 pursuant to this section, or an
amendment proposed by the legislature is
5-6 ratified, which affects the same section
of the constitution but is compatible
5-7 with the amendment given first approval,
the secretary of state shall publish
5-8 and resubmit at the next general
election the amendment given first approval
5-9 as a further amendment to the section as
amended by the amendment given
5-10 final approval or ratified. If the
amendment finally approved or ratified
5-11 contradicts in substance the amendment
given first approval, the secretary of
5-12 state shall not submit the amendment given
first approval to the voters again.
5-13 And be it further
5-14 Resolved, That the explanation prepared
pursuant to NRS 218.443 for
5-15 this constitutional amendment must include a
statement that, if the qualified
5-16 electors of this state approve the constitutional
amendment proposed by this
5-17 resolution, legislators would then be entitled to
receive, during each regular,
5-18 annual session and each special session,
compensation for each calendar day
5-19 of service.
5-20 And be it further
5-21 Resolved, That section 12 of article 17
of the constitution of the State of
5-22 Nevada be repealed.
5-23 TEXT OF
REPEALED SECTION
5-24 Sec: 12. Commencement date of first three legislative sessions;
5-25 regular sessions of legislature to be held
biennially.
The first regular
5-26 session of
the Legislature shall commence on the second Monday of
5-27 December
A.D. Eighteen hundred and Sixty Four, and the second regular
5-28 session of
the same shall commence on the first Monday of January A.D.
5-29 Eighteen
hundred and Sixty Six; and the third regular session of the
5-30 Legislature
shall be the first of the biennial sessions, and shall commence on
5-31 the first
Monday of January A.D. Eighteen hundred and Sixty Seven; and the
5-32 regular
sessions of the Legislature shall be held thereafter biennially.
~