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Measure Details

Amendment to the Nevada Constitution

Nevada Ballot Measure - Question 1

Election: Nov. 6, 2012 (General)
Outcome: Passed

Categories:
Constitution
Legislative Branch
Government Operations

Yes
511,282
(53.97%)

Argument For

No
436,065
(46.03%)

Argument Against

Summary

This ballot measure would amend the Nevada Constitution to expressly provide that the Legislature may call itself into special session on extraordinary occasions by a petition signed by two–thirds of the members of both the Assembly and Senate. Given the current size of the Legislature, 14 of the 21 Senators and 28 of the 42 members of the Assembly would have to sign the petition. Extraordinary occasions may include instances when it is necessary to address unexpected conditions or emergency situations, to conduct impeachment, removal or expulsion proceedings for misconduct in office, or to reconsider bills vetoed by the Governor after the adjournment of a regular session.

This measure provides that the Legislature may not introduce, consider or pass any bills at a special session, whether convened by the Legislature or the Governor, except for bills related to the business specified in the petition or Governor’s proclamation and bills necessary to pay for the cost of the special session. This measure also limits a special session to 20 consecutive calendar days unless the special session is called for the purpose of impeachment, removal or expulsion from office. Under these circumstances, an exception is provided to allow sufficient time for due process considerations.

Currently, the Nevada Constitution provides that regular sessions of the Legislature must be adjourned on the final day of the session not later than “midnight Pacific standard time.” When the state is observing daylight saving time on the final day of a session, the Legislature is not required to adjourn the session when the clock strikes midnight, but may continue the session until 1:00 a.m. Pacific daylight saving time because such time is equivalent to “midnight Pacific standard time.” This measure provides that regular sessions and special sessions must be adjourned on the final day before “midnight Pacific time,” which is defined to mean the actual time on the clock.

A “Yes” vote would amend the Nevada Constitution to: (1) give the Legislature express power to call itself into special session on extraordinary occasions; (2) limit the subject matter of bills passed at a special session; (3) limit the duration of a special session except for a special session called to conduct proceedings for impeachment, removal or expulsion from office; and (4) provide that regular and special sessions must be adjourned on the final day not later than “midnight Pacific time,” which is defined to mean the actual time on the clock.

A “No” vote would retain the provisions of the Nevada Constitution in their current form, which give only the Governor express power to convene the Legislature into special session and which provide that regular sessions of the Legislature must be adjourned on the final day not later than “midnight Pacific standard time,” which has been interpreted by the Nevada Supreme Court to be 1:00 a.m. Pacific daylight saving time.

Measure Text

Shall the Nevada Constitution be amended to expressly provide that the Legislature, may on extraordinary occasions, convene a special legislative session upon a petition signed by two-thirds of the Legislators of each House; to limit the subject matter of bills passed at a special session; to limit the duration of a special session to 20 consecutive calendar days except for proceedings involving impeachment, removal or expulsion from office; and to require the Legislature to adjourn all sessions on their final day not later than midnight based on the actual time on the clock?

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