Assembly Joint Resolution
No. 13–
Assemblyman Mortenson
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;
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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