Assembly Joint Resolution No. 13–
Assemblyman Mortenson

 

FILE NUMBER..........

 

Assembly Joint RESOLUTION—Proposing to amend the Nevada Constitution to limit the duration of special sessions of the Legislature to 20 days, limit the matters which may be considered during a special session and provide that a special session may be convened by a petition signed by two-thirds of the Legislators of each house.

 

    Whereas, There are currently 34 State Legislatures that have

the ability to call a special legislative session when deemed

necessary; and

    Whereas, The Nevada Legislature is 1 of only 16 state

legislative bodies in the Nation that may not call a special session,

and 1 of only 9 Legislatures that may not determine any of the

subject matter to be considered at a special session; and

    Whereas, The Nevada Constitution is grounded on the

principle of three equal branches of State Government, with the

ultimate authority and responsibility to enact necessary legislation

being vesting in the Legislative Branch, subject to final approval by

the Governor; and

    Whereas, Nevada’s current constitutional language, which

allows only the Governor to call the Legislature into special session,

impedes and is contrary to the constitutional provision that vests the

legislative authority of the State of Nevada in its elected Legislature;

and

    Whereas, The Nevada Legislature should be authorized to

operate with a reasonable degree of independence from the

Executive and Judicial Branches as consistent with the separation of

powers principle, and should be empowered to identify those topics

that may require the Legislature to call a limited special session

deemed in the best interest of the people of the State of Nevada;

now, therefore, be it

    Resolved by the Assembly and Senate of the State of

Nevada, Jointly, That a new section, designated Section 2A, be

added to Article 4 of the Nevada Constitution to read as follows:

    Sec. 2A.  1.  The Legislature may be convened, on

extraordinary occasions, upon petition signed by two-thirds

of the members of each House of the Legislature. A petition

must specify the business to be transacted during the special

session, indicate a date on or before which the Legislature is

to convene and be transmitted to the Secretary of State.

Upon receipt of one or more substantially similar petitions

signed, in the aggregate, by the required number of


members, calling for a special session, the Secretary of State

shall notify all members of the Legislature and the

Governor that a special session will be convened pursuant

to this section.

    2.  No bills, except those related to the business

specified in the petition and those necessary to provide for

the expenses of the session, may be introduced at a special

session convened pursuant to this section.

    3.  A special session convened pursuant to this section

takes precedence over a special session called by the

Governor pursuant to Section 9 of Article 5 of this

Constitution, unless otherwise provided in the petition

calling for the special session.

    4.  The Legislature may provide by law for the

procedure for convening a special session pursuant to this

section.

    5.  The Legislature shall adjourn sine die a special

session convened pursuant to this section not later than

midnight of the 20th calendar day of that session. Any

legislative action taken after midnight on the 20th calendar

day is void.

And be it further

    Resolved, That Section 2 of Article 4 of the Nevada

Constitution be amended to read as follows:

    Sec. 2.  1.  The sessions of the Legislature shall be

biennial, and shall commence on the 1st Monday of February

following the election of members of the Assembly, unless

the Governor of the State or the members of the Legislature

shall, in the interim, convene the Legislature by proclamation

[.] or petition.

    2.  The Legislature shall adjourn sine die each regular

session not later than midnight Pacific standard time 120

calendar days following its commencement. Any legislative

action taken after midnight Pacific standard time on the 120th

calendar day is void, unless the legislative action is conducted

during a special session . [convened by the Governor.]

    3.  The Governor shall submit the proposed executive

budget to the Legislature not later than 14 calendar days

before the commencement of each regular session.

And be it further

    Resolved, That Section 33 of Article 4 of the Nevada

Constitution be amended to read as follows:

    Sec . [:] 33.  The members of the Legislature shall

receive for their services[,] a compensation to be fixed by

law and paid out of the public treasury, for not to exceed 60

days 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 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 9 of Article 5 of the Nevada

Constitution be amended to read as follows:

    [Sec: 9.  The] Sec. 9.  1.  Except as otherwise

provided in Section 2A of Article 4 of this Constitution, the

Governor may , on extraordinary occasions, convene the

Legislature by Proclamation and shall state to both houses ,

when organized, the purpose for which they have been

convened . [, and the Legislature shall transact no legislative

business, except thatfor which they were specially convened,

or such other legislative business as the Governor may call to

the attention of the Legislature while in Session.]

    2.  No bills, except those related to the purpose for

which the Legislature has been specially convened and

those necessary to provide for the expenses of the session,

may be introduced at a special session convened pursuant to

this section.

    3.  The Legislature shall adjourn sine die a special

session convened pursuant to this section not later than

midnight of the 20th calendar day of that session. Any

legislative action taken after midnight on the 20th calendar

day is void.

 

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