Assembly Joint Resolution No. 7–Assemblymen Giunchigliani, Parks, Anderson, Arberry, Chowning, Christensen, Claborn, Collins, Goicoechea, Goldwater, Koivisto, Manendo, McClain, McCleary, Mortenson, Pierce and Williams

 

March 13, 2003

____________

 

Referred to Committee on Constitutional Amendments

 

SUMMARY—Proposes to amend Nevada Constitution to provide for limited annual legislative sessions. (BDR C‑43)

 

FISCAL NOTE:    Effect on Local Government: No.

                   Effect on the State: Yes.

 

~

 

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 for limited annual legislative sessions.

 

1-1  Resolved by the Assembly and Senate of the State of

1-2  Nevada, Jointly, That a new section, designated section 29A, be

1-3  added to Article 4 of the Nevada Constitution to read as follows:

1-4  Sec. 29A.  The Legislature shall adjourn sine die each:

1-5  1.  Regular session in an:

1-6  (a) Odd-numbered year not later than midnight 120

1-7  calendar days following its commencement. Any legislative

1-8  action taken after midnight on the 120th calendar day is

1-9  void, unless the legislative action is conducted during a

1-10  special session convened by the Governor.

1-11      (b) Even-numbered year not later than midnight 60

1-12  calendar days following its commencement. Any legislative

1-13  action taken after midnight on the 60th calendar day is void,

1-14  unless the legislative action is conducted during a special

1-15  session convened by the Governor.

2-1  2.  Special session not later than midnight 20 calendar

2-2  days following its commencement. Any legislative action

2-3  taken after midnight on the 20th calendar day is void.

2-4  And be it further

2-5  Resolved, That Section 1 of Article 4 of the Nevada

2-6  Constitution be amended to read as follows:

2-7  Section 1.  1.  The Legislative authority of this State

2-8  shall be vested in a Senate and Assembly which shall be

2-9  designated “The Legislature of the State of [Nevada” and]

2-10  Nevada.”

2-11      2.  Except as otherwise provided in subsection 3, the

2-12  sessions of such Legislature shall be held at the seat of

2-13  government of the State.

2-14      3.  The regular sessions of such Legislature which

2-15  occur in even-numbered years shall be held in Las Vegas if

2-16  the Legislature determines that appropriate facilities are

2-17  available for such purpose.

2-18  And be it further

2-19      Resolved, That Section 2 of Article 4 of the Nevada

2-20  Constitution be amended to read as follows:

2-21      Sec. 2.  1.  [The] Except as otherwise provided in

2-22  subsection 2, the sessions of the Legislature shall be

2-23  [biennial,] annual, and shall commence on the 1st Monday of

2-24  February [following the election of members of the

2-25  Assembly, unless the Governor of the State shall, in the

2-26  interim, convene the Legislature by proclamation.

2-27      2.  The Legislature shall adjourn sine die each regular

2-28  session not later than midnight Pacific standard time 120

2-29  calendar days following its commencement. Any legislative

2-30  action taken after midnight Pacific standard time on the 120th

2-31  calendar day is void, unless the legislative action is conducted

2-32  during a special session convened by the Governor.] in each

2-33  year.

2-34      2.  The Governor, by proclamation:

2-35      (a) May convene the Legislature for a special session

2-36  not to exceed 20 calendar days in accordance with Section 9

2-37  of Article 5 of this Constitution.

2-38      (b) Shall convene the Legislature for a special session

2-39  not to exceed 20 calendar days not later than 45 calendar

2-40  days after receipt of a petition by at least two-thirds of the

2-41  members elected to each House calling for a special session

2-42  and setting forth the topics for consideration during the

2-43  special session. If the Legislature is convened for a special

2-44  session pursuant to this paragraph, the Governor may add

3-1  to the list of topics to be considered by the Legislature

3-2  during the special session.

3-3  3.  The Governor shall submit :

3-4  (a) In odd-numbered years, the proposed executive

3-5  budget ; and

3-6  (b) In even-numbered years, any proposed

3-7  appropriations or proposed revisions to the executive

3-8  budget,

3-9  to the Legislature not later than [14] 30 calendar days before

3-10  the commencement of each regular session.

3-11      4.  The Legislature may prepare and consider during

3-12  each regular session:

3-13      (a) In odd-numbered years, a proposed executive budget

3-14  and any proposed appropriations and proposed revisions to

3-15  the proposed executive budget submitted by the Governor;

3-16  and

3-17      (b) In even-numbered years, any proposed

3-18  appropriations or proposed revisions to the executive

3-19  budget.

3-20  And be it further

3-21      Resolved, That Section 33 of Article 4 of the Nevada

3-22  Constitution be amended to read as follows:

3-23      [Sec:] Sec. 33.  The members of the Legislature shall

3-24  receive for their services, a compensation to be fixed by law

3-25  and paid out of the public treasury, for [not to exceed 60

3-26  days] each calendar day of service during any regular session

3-27  of the legislature and [not to exceed 20 days] during any

3-28  special session convened by the governor; but no increase of

3-29  such compensation shall take effect during the term for which

3-30  the members of either house shall have been elected

3-31  Provided, that an appropriation may be made for the payment

3-32  of such actual expenses as members of the Legislature may

3-33  incur for postage, express charges, newspapers and stationery

3-34  not exceeding the sum of [Sixty dollars] $500 for any general

3-35  session or $60 for any special session to each member; and

3-36  Furthermore Provided, that the Speaker of the Assembly, and

3-37  Lieutenant Governor, as President of the Senate, shall each,

3-38  during the time of their actual attendance as such presiding

3-39  officers receive an additional allowance of two dollars per

3-40  diem.

3-41  And be it further

3-42      Resolved, That Section 9 of Article 5 of the Nevada

3-43  Constitution be amended to read as follows:

3-44      [Sec:] Sec. 9.  The Governor may on extraordinary

3-45  occasions, convene the Legislature by Proclamation for a

4-1  special session not to exceed 20 calendar days and shall state

4-2  to both houses when organized, the purpose for which they

4-3  have been convened, and the Legislature shall transact no

4-4  legislative business, except that for which they were specially

4-5  convened, or such other legislative business as the Governor

4-6  may call to the attention of the Legislature while in

4-7  Session.

4-8  And be it further

4-9  Resolved, That Section 2 of Article 19 of the Nevada

4-10  Constitution be amended to read as follows:

4-11      Sec. 2.  1.  Notwithstanding the provisions of section 1

4-12  of article 4 of this constitution, but subject to the limitations

4-13  of section 6 of this article, the people reserve to themselves

4-14  the power to propose, by initiative petition, statutes and

4-15  amendments to statutes and amendments to this constitution,

4-16  and to enact or reject them at the polls.

4-17      2.  An initiative petition shall be in the form required by

4-18  section 3 of this article and shall be proposed by a number of

4-19  registered voters equal to 10 percent or more of the number of

4-20  voters who voted at the last preceding general election in not

4-21  less than 75 percent of the counties in the state, but the total

4-22  number of registered voters signing the initiative petition

4-23  shall be equal to 10 percent or more of the voters who voted

4-24  in the entire state at the last preceding general election.  

4-25      3.  If the initiative petition proposes a statute or an

4-26  amendment to a statute, the person who intends to circulate it

4-27  shall file a copy with the secretary of state before beginning

4-28  circulation and not earlier than [January 1 of the year

4-29  preceding the year in which a regular session of the

4-30  legislature is held.] 1 year before the date on which the

4-31  Legislature to which the petition will be transmitted

4-32  commences its regular session. After its circulation, it shall

4-33  be filed with the secretary of state not less than 30 days prior

4-34  to any regular session of the legislature. The circulation of the

4-35  petition shall cease on the day the petition is filed with the

4-36  secretary of state or such other date as may be prescribed for

4-37  the verification of the number of signatures affixed to the

4-38  petition, whichever is earliest. The secretary of state shall

4-39  transmit such petition to the legislature as soon as the

4-40  legislature convenes and organizes. The petition shall take

4-41  precedence over all other measures except appropriation bills,

4-42  and the statute or amendment to a statute proposed thereby

4-43  shall be enacted or rejected by the legislature without change

4-44  or amendment within 40 days. If the proposed statute or

4-45  amendment to a statute is enacted by the legislature and

5-1  approved by the governor in the same manner as other

5-2  statutes are enacted, such statute or amendment to a statute

5-3  shall become law, but shall be subject to referendum petition

5-4  as provided in section 1 of this article. If the statute or

5-5  amendment to a statute is rejected by the legislature, or if no

5-6  action is taken thereon within 40 days, the secretary of state

5-7  shall submit the question of approval or disapproval of such

5-8  statute or amendment to a statute to a vote of the voters at the

5-9  next succeeding general election. If a majority of the voters

5-10  voting on such question at such election votes approval of

5-11  such statute or amendment to a statute, it shall become law

5-12  and take effect upon completion of the canvass of votes by

5-13  the supreme court. An initiative measure so approved by the

5-14  voters shall not be amended, annulled, repealed, set aside or

5-15  suspended by the legislature within 3 years from the date it

5-16  takes effect. If a majority of such voters votes disapproval of

5-17  such statute or amendment to a statute, no further action shall

5-18  be taken on such petition. If the legislature rejects such

5-19  proposed statute or amendment, the governor may

5-20  recommend to the legislature and the legislature may propose

5-21  a different measure on the same subject, in which event, after

5-22  such different measure has been approved by the governor,

5-23  the question of approval or disapproval of each measure shall

5-24  be submitted by the secretary of state to a vote of the voters at

5-25  the next succeeding general election. If the conflicting

5-26  provisions submitted to the voters are both approved by a

5-27  majority of the voters voting on such measures, the measure

5-28  which receives the largest number of affirmative votes shall

5-29  thereupon become law. If at the session of the legislature to

5-30  which an initiative petition proposing an amendment to a

5-31  statute is presented which the legislature rejects or upon

5-32  which it takes no action, the legislature amends the statute

5-33  which the petition proposes to amend in a respect which does

5-34  not conflict in substance with the proposed amendment, the

5-35  secretary of state in submitting the statute to the voters for

5-36  approval or disapproval of the proposed amendment shall

5-37  include the amendment made by the legislature.

5-38      4.  If the initiative petition proposes an amendment to the

5-39  constitution, the person who intends to circulate it shall file a

5-40  copy with the secretary of state before beginning circulation

5-41  and not earlier than September 1 of the year before the year in

5-42  which the election is to be held. After its circulation it shall

5-43  be filed with the secretary of state not less than 90 days

5-44  before any regular general election at which the question of

5-45  approval or disapproval of such amendment may be voted

6-1  upon by the voters of the entire state. The circulation of the

6-2  petition shall cease on the day the petition is filed with the

6-3  secretary of state or such other date as may be prescribed for

6-4  the verification of the number of signatures affixed to the

6-5  petition, whichever is earliest. The secretary of state shall

6-6  cause to be published in a newspaper of general circulation,

6-7  on three separate occasions, in each county in the state,

6-8  together with any explanatory matter which shall be placed

6-9  upon the ballot, the entire text of the proposed amendment. If

6-10  a majority of the voters voting on such question at such

6-11  election votes disapproval of such amendment, no further

6-12  action shall be taken on the petition. If a majority of such

6-13  voters votes approval of such amendment, the secretary of

6-14  state shall publish and resubmit the question of approval or

6-15  disapproval to a vote of the voters at the next succeeding

6-16  general election in the same manner as such question was

6-17  originally submitted. If a majority of such voters votes

6-18  disapproval of such amendment, no further action shall be

6-19  taken on such petition. If a majority of such voters votes

6-20  approval of such amendment, it shall, unless precluded by

6-21  subsection 5 or 6, become a part of this constitution upon

6-22  completion of the canvass of votes by the supreme court.

6-23      5.  If two or more measures which affect the same

6-24  section of a statute or of the constitution are finally approved

6-25  pursuant to this section, or an amendment to the constitution

6-26  is finally so approved and an amendment proposed by the

6-27  legislature is ratified which affect the same section, by the

6-28  voters at the same election:

6-29      (a) If all can be given effect without contradiction in

6-30  substance, each shall be given effect.

6-31      (b) If one or more contradict in substance the other or

6-32  others, the measure which received the largest favorable vote,

6-33  and any other approved measure compatible with it, shall be

6-34  given effect. If the one or more measures that contradict in

6-35  substance the other or others receive the same number of

6-36  favorable votes, none of the measures that contradict another

6-37  shall be given effect.

6-38      6.  If, at the same election as the first approval of a

6-39  constitutional amendment pursuant to this section, another

6-40  amendment is finally approved pursuant to this section, or an

6-41  amendment proposed by the legislature is ratified, which

6-42  affects the same section of the constitution but is compatible

6-43  with the amendment given first approval, the secretary of

6-44  state shall publish and resubmit at the next general election

6-45  the amendment given first approval as a further amendment

7-1  to the section as amended by the amendment given final

7-2  approval or ratified. If the amendment finally approved or

7-3  ratified contradicts in substance the amendment given first

7-4  approval, the secretary of state shall not submit the

7-5  amendment given first approval to the voters again.

7-6  And be it further

7-7  Resolved, That the explanation prepared pursuant to NRS

7-8  218.443 for this constitutional amendment must include a statement

7-9  that, if the qualified electors of this state approve the constitutional

7-10  amendment proposed by this resolution:

7-11      1.  Regular sessions of the Legislature which occur in even-

7-12  numbered years would be held in Las Vegas if the Legislature

7-13  determines that appropriate facilities are available for such purpose;

7-14      2.  Members of the Legislature would be entitled to receive,

7-15  during each regular annual session and each special session,

7-16  compensation for each calendar day of service; and

7-17      3.  The amount of the appropriation that may be made for the

7-18  payment of certain expenses of members of the Legislature would

7-19  be increased.

7-20  And be it further

7-21      Resolved, That Section 12 of Article 17 of the Nevada

7-22  Constitution is hereby repealed.

 

7-23  TEXT OF REPEALED SECTION

 

7-24      Sec. 12.  Commencement date of first three legislative

7-25   sessions; regular sessions of legislature to be held

7-26   biennially. The first regular session of the Legislature shall

7-27   commence on the second Monday of December A.D.

7-28   Eighteen hundred and Sixty Four, and the second regular

7-29   session of the same shall commence on the first Monday of

7-30   January A.D. Eighteen hundred and Sixty Six; and the third

7-31   regular session of the Legislature shall be the first of the

7-32   biennial sessions, and shall commence on the first Monday

7-33   of January A.D. Eighteen hundred and Sixty Seven; and the

7-34   regular sessions of the Legislature shall be held thereafter

7-35   biennially.

 

7-36  H