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 revise provisions relating to 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 revise provisions relating to 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.  1.  The Legislature shall adjourn sine die

1-5  each regular session held in an odd-numbered year not later

1-6  than midnight of the 120th legislative day or of the 140th

1-7  calendar day, whichever occurs first. Any legislative action

1-8  taken after midnight of the 120th legislative day or of the

1-9  140th calendar day of that session is void, unless the

1-10  legislative action is conducted during a special session.

1-11      2.  The Legislature shall adjourn sine die each regular

1-12  session held in an even-numbered year not later than

1-13  midnight of the 45th calendar day of that session. Any

1-14  legislative action taken after midnight of the 45th calendar

1-15  day is void, unless the legislative action is conducted during

1-16  a special session.

2-1  And be it further

2-2  Resolved, That a new section, designated Sec. 2A, be added to

2-3  Article 4 of the Nevada Constitution to read as follows:

2-4  Sec. 2A.  1.  The Legislature may be convened, on

2-5  extraordinary occasions, upon petition signed by two-thirds

2-6  of the members of each House of the Legislature. A petition

2-7  must specify the business to be transacted during the special

2-8  session, indicate a date on or before which the Legislature is

2-9  to convene and be transmitted to the Secretary of State.

2-10  Upon receipt of one or more substantially similar petitions

2-11  signed, in the aggregate, by the required number of

2-12  members, calling for a special session, the Secretary of State

2-13  shall notify all members of the Legislature and the

2-14  Governor that a special session will be convened pursuant

2-15  to this section.

2-16      2.  No bills, except those related to the business

2-17  specified in the petition and those necessary to provide for

2-18  the expenses of session, may be introduced at a special

2-19  session convened pursuant to this section.

2-20      3.  A special session convened pursuant to this section

2-21  takes precedence over a special session called by the

2-22  Governor pursuant to Section 9 of Article 5 of this

2-23  Constitution, unless otherwise provided in the petition

2-24  calling for the special session.

2-25      4.  The Legislature may provide by law for the

2-26  procedure for convening a special session pursuant to this

2-27  section.

2-28      5.  The Legislature shall adjourn sine die a special

2-29  session convened pursuant to this section not later than

2-30  midnight of the 20th calendar day of that session. Any

2-31  legislative action taken after midnight on the 20th calendar

2-32  day is void.

2-33  And be it further

2-34      Resolved, That Section 2 of Article 4 of the Nevada

2-35  Constitution be amended to read as follows:

2-36      Sec. 2.  1.  The sessions of the Legislature shall be

2-37  [biennial,] annual, and shall commence on the 1st Monday of

2-38  February , [following the election of members of the

2-39  Assembly,] unless the Governor of the State or the members

2-40  of the Legislature shall, in the interim, convene the

2-41  Legislature by proclamation [.

2-42      2.  The Legislature shall adjourn sine die each regular

2-43  session not later than midnight Pacific standard time 120

2-44  calendar days following its commencement. Any legislative

2-45  action taken after midnight Pacific standard time on the 120th

3-1  calendar day is void, unless the legislative action is conducted

3-2  during a special session convened by the Governor.

3-3  3.] or petition.

3-4  2.  The Governor shall submit :

3-5  (a) In odd-numbered years, the proposed executive

3-6  budget ; and

3-7  (b) In even-numbered years, any proposed

3-8  appropriations or proposed revisions to the executive

3-9  budget,

3-10  to the Legislature not later than [14] 21 calendar days before

3-11  the commencement of each regular session.

3-12  And be it further

3-13      Resolved, That Section 33 of Article 4 of the Nevada

3-14  Constitution be amended to read as follows:

3-15      [Sec:] Sec. 33.  The members of the Legislature shall

3-16  receive for their services, a compensation to be fixed by law

3-17  and paid out of the public treasury, for not to exceed 60 days

3-18  during any regular session of the legislature conducted

3-19  during odd-numbered years, not to exceed 45 days during

3-20  any regular session of the legislature conducted during

3-21  even-numbered yearsand not to exceed 20 days during any

3-22  special session ;[convened by the governor;] but no increase

3-23  of such compensation shall take effect during the term for

3-24  which the members of either house shall have been elected

3-25  Provided, that an appropriation may be made for the payment

3-26  of such actual expenses as members of the Legislature may

3-27  incur for postage, express charges, newspapers and stationery

3-28  not exceeding the sum of Sixty dollars for any general or

3-29  special session to each member; and Furthermore Provided,

3-30  that the Speaker of the Assembly, and Lieutenant Governor,

3-31  as President of the Senate, shall each, during the time of their

3-32  actual attendance as such presiding officers receive an

3-33  additional allowance of two dollars per diem.

3-34  And be it further

3-35      Resolved, That Section 9 of Article 5 of the Nevada

3-36  Constitution be amended to read as follows:

3-37      [Sec: 9.  The]

3-38      Sec. 9.  1.  Except as otherwise provided in Section 2A

3-39  of Article 4 of this Constitution, the Governor may , on

3-40  extraordinary occasions, convene the Legislature by

3-41  Proclamation and shall state to both houses , when organized,

3-42  the purpose for which they have been convened . [, and the

3-43  Legislature shall transact no legislative business, except that

3-44  for which they were specially convened, or such other

4-1  legislative business as the Governor may call to the attention

4-2  of the Legislature while in Session.]

4-3  2.  No bills, except those related to the purpose for

4-4  which the Legislature has been specially convened and

4-5  those necessary to provide for the expenses of the session,

4-6  may be introduced at a special session convened pursuant to

4-7  this section.

4-8  3.  The Legislature shall adjourn sine die a special

4-9  session convened pursuant to this section not later than

4-10  midnight of the 20th calendar day of that session. Any

4-11  legislative action taken after midnight on the 20th calendar

4-12  day is void.

4-13  And be it further

4-14      Resolved, That Section 12 of Article 17 of the Nevada

4-15  Constitution be amended to read as follows:

4-16      Sec. 12.  The first regular session of the Legislature shall

4-17  commence on the second Monday of December A.D.

4-18  Eighteen hundred and Sixty Four, and the second regular

4-19  session of the same shall commence on the first Monday of

4-20  January A.D. Eighteen hundred and Sixty Six; and the third

4-21  regular session of the Legislature shall be the first of the

4-22  biennial sessions, and shall commence on the first Monday of

4-23  January A.D. Eighteen hundred and Sixty Seven; and the

4-24  regular sessions of the Legislature shall be held thereafter .

4-25  [biennially.]

4-26  And be it further

4-27      Resolved, That Section 2 of Article 19 of the Nevada

4-28  Constitution be amended to read as follows:

4-29      Sec. 2.  1.  Notwithstanding the provisions of section 1

4-30  of article 4 of this constitution, but subject to the limitations

4-31  of section 6 of this article, the people reserve to themselves

4-32  the power to propose, by initiative petition, statutes and

4-33  amendments to statutes and amendments to this constitution,

4-34  and to enact or reject them at the polls.

4-35      2.  An initiative petition shall be in the form required by

4-36  section 3 of this article and shall be proposed by a number of

4-37  registered voters equal to 10 percent or more of the number of

4-38  voters who voted at the last preceding general election in not

4-39  less than 75 percent of the counties in the state, but the total

4-40  number of registered voters signing the initiative petition

4-41  shall be equal to 10 percent or more of the voters who voted

4-42  in the entire state at the last preceding general election.

4-43      3.  If the initiative petition proposes a statute or an

4-44  amendment to a statute, the person who intends to circulate it

4-45  shall file a copy with the secretary of state before beginning

5-1  circulation and not earlier than [January 1 of the year

5-2  preceding the year in which a regular session of the

5-3  legislature is held.] 1 year before the date on which the

5-4  Legislature to which the petition will be transmitted

5-5  commences its regular session. After its circulation, it shall

5-6  be filed with the secretary of state not less than 30 days prior

5-7  to any regular session of the legislature. The circulation of the

5-8  petition shall cease on the day the petition is filed with the

5-9  secretary of state or such other date as may be prescribed for

5-10  the verification of the number of signatures affixed to the

5-11  petition, whichever is earliest. The secretary of state shall

5-12  transmit such petition to the legislature as soon as the

5-13  legislature convenes and organizes. The petition shall take

5-14  precedence over all other measures except appropriation bills,

5-15  and the statute or amendment to a statute proposed thereby

5-16  shall be enacted or rejected by the legislature without change

5-17  or amendment within 40 days. If the proposed statute or

5-18  amendment to a statute is enacted by the legislature and

5-19  approved by the governor in the same manner as other

5-20  statutes are enacted, such statute or amendment to a statute

5-21  shall become law, but shall be subject to referendum petition

5-22  as provided in section 1 of this article. If the statute or

5-23  amendment to a statute is rejected by the legislature, or if no

5-24  action is taken thereon within 40 days, the secretary of state

5-25  shall submit the question of approval or disapproval of such

5-26  statute or amendment to a statute to a vote of the voters at the

5-27  next succeeding general election. If a majority of the voters

5-28  voting on such question at such election votes approval of

5-29  such statute or amendment to a statute, it shall become law

5-30  and take effect upon completion of the canvass of votes by

5-31  the supreme court. An initiative measure so approved by the

5-32  voters shall not be amended, annulled, repealed, set aside or

5-33  suspended by the legislature within 3 years from the date it

5-34  takes effect. If a majority of such voters votes disapproval of

5-35  such statute or amendment to a statute, no further action shall

5-36  be taken on such petition. If the legislature rejects such

5-37  proposed statute or amendment, the governor may

5-38  recommend to the legislature and the legislature may propose

5-39  a different measure on the same subject, in which event, after

5-40  such different measure has been approved by the governor,

5-41  the question of approval or disapproval of each measure shall

5-42  be submitted by the secretary of state to a vote of the voters at

5-43  the next succeeding general election. If the conflicting

5-44  provisions submitted to the voters are both approved by a

5-45  majority of the voters voting on such measures, the measure

6-1  which receives the largest number of affirmative votes shall

6-2  thereupon become law. If at the session of the legislature to

6-3  which an initiative petition proposing an amendment to a

6-4  statute is presented which the legislature rejects or upon

6-5  which it takes no action, the legislature amends the statute

6-6  which the petition proposes to amend in a respect which does

6-7  not conflict in substance with the proposed amendment, the

6-8  secretary of state in submitting the statute to the voters for

6-9  approval or disapproval of the proposed amendment shall

6-10  include the amendment made by the legislature.

6-11      4.  If the initiative petition proposes an amendment to the

6-12  constitution, the person who intends to circulate it shall file a

6-13  copy with the secretary of state before beginning circulation

6-14  and not earlier than September 1 of the year before the year in

6-15  which the election is to be held. After its circulation it shall

6-16  be filed with the secretary of state not less than 90 days

6-17  before any regular general election at which the question of

6-18  approval or disapproval of such amendment may be voted

6-19  upon by the voters of the entire state. The circulation of the

6-20  petition shall cease on the day the petition is filed with the

6-21  secretary of state or such other date as may be prescribed for

6-22  the verification of the number of signatures affixed to the

6-23  petition, whichever is earliest. The secretary of state shall

6-24  cause to be published in a newspaper of general circulation,

6-25  on three separate occasions, in each county in the state,

6-26  together with any explanatory matter which shall be placed

6-27  upon the ballot, the entire text of the proposed amendment. If

6-28  a majority of the voters voting on such question at such

6-29  election votes disapproval of such amendment, no further

6-30  action shall be taken on the petition. If a majority of such

6-31  voters votes approval of such amendment, the secretary of

6-32  state shall publish and resubmit the question of approval or

6-33  disapproval to a vote of the voters at the next succeeding

6-34  general election in the same manner as such question was

6-35  originally submitted. If a majority of such voters votes

6-36  disapproval of such amendment, no further action shall be

6-37  taken on such petition. If a majority of such voters votes

6-38  approval of such amendment, it shall, unless precluded by

6-39  subsection 5 or 6, become a part of this constitution upon

6-40  completion of the canvass of votes by the supreme court.

6-41      5.  If two or more measures which affect the same

6-42  section of a statute or of the constitution are finally approved

6-43  pursuant to this section, or an amendment to the constitution

6-44  is finally so approved and an amendment proposed by the

7-1  legislature is ratified which affect the same section, by the

7-2  voters at the same election:

7-3  (a) If all can be given effect without contradiction in

7-4  substance, each shall be given effect.

7-5  (b) If one or more contradict in substance the other or

7-6  others, the measure which received the largest favorable vote,

7-7  and any other approved measure compatible with it, shall be

7-8  given effect. If the one or more measures that contradict in

7-9  substance the other or others receive the same number of

7-10  favorable votes, none of the measures that contradict another

7-11  shall be given effect.

7-12      6.  If, at the same election as the first approval of a

7-13  constitutional amendment pursuant to this section, another

7-14  amendment is finally approved pursuant to this section, or an

7-15  amendment proposed by the legislature is ratified, which

7-16  affects the same section of the constitution but is compatible

7-17  with the amendment given first approval, the secretary of

7-18  state shall publish and resubmit at the next general election

7-19  the amendment given first approval as a further amendment

7-20  to the section as amended by the amendment given final

7-21  approval or ratified. If the amendment finally approved or

7-22  ratified contradicts in substance the amendment given first

7-23  approval, the secretary of state shall not submit the

7-24  amendment given first approval to the voters again.

 

7-25  H