Assembly Joint Resolution No. 13–
Assemblyman Mortenson

 

March 24, 2003

____________

 

Referred to Committee on Constitutional Amendments

 

SUMMARY—Proposes to amend Nevada Constitution to provide that special session of Legislature may be convened by petition by Legislators. (BDR C‑313)

 

FISCAL NOTE:  Effect on Local Government: No.

                   Effect on the State: No.

 

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

 

Assembly Joint RESOLUTION—Proposing to amend the Nevada Constitution to provide that a special session of the Legislature may be convened by a petition signed by two-thirds of the Legislators of each house.

 

1-1  Whereas, There are currently 34 State Legislatures that have

1-2  the ability to call a special legislative session when deemed

1-3  necessary; and

1-4  Whereas, The Nevada Legislature is 1 of only 16 state

1-5  legislative bodies in the Nation that may not call a special session,

1-6  and 1 of only 9 Legislatures that may not determine any of the

1-7  subject matter to be considered at a special session; and

1-8  Whereas, The Nevada Constitution is grounded on the

1-9  principle of three equal branches of State Government, with the

1-10  ultimate authority and responsibility to enact necessary legislation

1-11  being vesting in the Legislative Branch, subject to final approval by

1-12  the Governor; and

1-13      Whereas, Nevada’s current constitutional language, which

1-14  allows only the Governor to call the Legislature into special session,

1-15  impedes and is contrary to the constitutional provision that vests the

1-16  legislative authority of the State of Nevada in its elected Legislature;

1-17  and

1-18      Whereas, The Nevada Legislature should be authorized to

1-19  operate with a reasonable degree of independence from the

2-1  Executive and Judicial Branches as consistent with the separation of

2-2  powers principle, and should be empowered to identify those topics

2-3  that may require the Legislature to call a limited special session

2-4  deemed in the best interest of the people of the State of Nevada;

2-5  now, therefore, be it

2-6  Resolved by the Assembly and Senate of the State of

2-7  Nevada, Jointly, That a new section, designated Section 2A, be

2-8  added to Article 4 of the Nevada Constitution to read as follows:

2-9  Sec. 2A.  1.  The Legislature may be convened, on

2-10  extraordinary occasions, upon petition signed by two-thirds

2-11  of the members of each House of the Legislature. A petition

2-12  must specify the business to be transacted during the special

2-13  session, indicate a date on or before which the Legislature is

2-14  to convene and be transmitted to the Secretary of State.

2-15  Upon receipt of one or more substantially similar petitions

2-16  signed, in the aggregate, by the required number of

2-17  members, calling for a special session, the Secretary of State

2-18  shall notify all members of the Legislature and the

2-19  Governor that a special session will be convened pursuant

2-20  to this section.

2-21      2.  The Legislature shall transact no legislative business

2-22  at a special session convened pursuant to this section except

2-23  that which is specified in the petition and such other

2-24  legislative business as may be approved for consideration by

2-25  the Legislature by Joint Resolution approved while in

2-26  session by the affirmative vote of two-thirds of the members

2-27  of each House.

2-28      3.  A special session convened pursuant to this section

2-29  takes precedence over a special session called by the

2-30  Governor pursuant to Section 9 of Article 5 of this

2-31  Constitution, unless otherwise provided in the petition

2-32  calling for the special session.

2-33      4.  The Legislature may provide by law for the

2-34  procedure for convening a special session pursuant to this

2-35  section.

2-36  And be it further

2-37      Resolved, That Section 2 of Article 4 of the Nevada

2-38  Constitution be amended to read as follows:

2-39      Sec. 2.  1.  The sessions of the Legislature shall be

2-40  biennial, and shall commence on the 1st Monday of February

2-41  following the election of members of the Assembly, unless

2-42  the Governor of the State or the members of the Legislature

2-43  shall, in the interim, convene the Legislature by proclamation

2-44  [.] or petition.

3-1  2.  The Legislature shall adjourn sine die each regular

3-2  session not later than midnight Pacific standard time 120

3-3  calendar days following its commencement. Any legislative

3-4  action taken after midnight Pacific standard time on the 120th

3-5  calendar day is void, unless the legislative action is conducted

3-6  during a special session . [convened by the Governor.]

3-7  3.  The Governor shall submit the proposed executive

3-8  budget to the Legislature not later than 14 calendar days

3-9  before the commencement of each regular session.

3-10  And be it further

3-11      Resolved, That Section 33 of Article 4 of the Nevada

3-12  Constitution be amended to read as follows:

3-13      Sec . [:] 33.  The members of the Legislature shall

3-14  receive for their services[,] a compensation to be fixed by

3-15  law and paid out of the public treasury, for not to exceed 60

3-16  days during any regular session of the legislature and not to

3-17  exceed 20 days during any special session ; [convened by the

3-18  governor;] but no increase of such compensation shall take

3-19  effect during the term for which the members of either house

3-20  shall have been elected Provided, that an appropriation may

3-21  be made for the payment of such actual expenses as members

3-22  of the Legislature may incur for postage, express charges,

3-23  newspapers and stationery not exceeding the sum of Sixty

3-24  dollars for any general or special session to each member; and

3-25  Furthermore Provided, that the Speaker of the Assembly, and

3-26  Lieutenant Governor, as President of the Senate, shall each,

3-27  during the time of their actual attendance as such presiding

3-28  officers receive an additional allowance of two dollars per

3-29  diem.

3-30  And be it further

3-31      Resolved, That Section 9 of Article 5 of the Nevada

3-32  Constitution be amended to read as follows:

3-33      [Sec: 9.  The] Sec. 9.  Except as otherwise provided in

3-34  Section 2A of Article 4 of this Constitution, the Governor

3-35  may , on extraordinary occasions, convene the Legislature by

3-36  Proclamation and shall state to both houses , when organized,

3-37  the purpose for which they have been convened, and the

3-38  Legislature shall transact no legislative business, except that

3-39  for which they were specially convened, or such other

3-40  legislative business as the Governor may call to the attention

3-41  of the Legislature while in Session.

 

3-42  H