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Article 9, Nevada Constitution

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Article 9 of the Nevada Constitution is entitled Finance and State Debt and consists of five sections.

Section 1

Text of Section 1:

Fiscal Year

The fiscal year shall commence on the first day of July of each year.[1]

Amendments

  • Amended in 1930. Proposed and passed by the 1927 legislature; agreed to and passed by the 1929 legislature; and approved and ratified by the people at the 1930 general election. See: Statutes of Nevada 1927, p. 346; Statutes of Nevada 1929, p. 429.

Section 2

Text of Section 2:

Annual Tax for State Expenses; Trust Funds for Industrial Accidents, Occupational Diseases and Public Employees’ Retirement System; Administration of Public Employees’ Retirement System

1. The legislature shall provide by law for an annual tax sufficient to defray the estimated expenses of the state for each fiscal year; and whenever the expenses of any year exceed the income, the legislature shall provide for levying a tax sufficient, with other sources of income, to pay the deficiency, as well as the estimated expenses of such ensuing year or two years.

2. Any money paid for the purpose of providing compensation for industrial accidents and occupational diseases, and for administrative expenses incidental thereto, and for the purpose of funding and administering a public employees’ retirement system, must be segregated in proper accounts in the state treasury, and such money must never be used for any other purposes, and they are hereby declared to be trust funds for the uses and purposes herein specified.

3. Any money paid for the purpose of funding and administering a public employees’ retirement system must not be loaned to the state or invested to purchase any obligations of the state.

4. The public employees’ retirement system must be governed by a public employees’ retirement board. The board shall employ an executive officer who serves at the pleasure of the board. In addition to any other employees authorized by the board, the board shall employ an independent actuary. The board shall adopt actuarial assumptions based upon the recommendations made by the independent actuary it employs.[1]

Amendments

  • Amended in 1956, 1974 and 1996. The first amendment was proposed and passed by the 1953 legislature; agreed to and passed by the 1955 legislature; and approved and ratified by the people at the 1956 general election. See: Statutes of Nevada 1953, p. 729; Statutes of Nevada 1955, p. 927. The second amendment was proposed and passed by the 1971 legislature; agreed to and passed by the 1973 legislature; and approved and ratified by the people at the 1974 general election. See: Statutes of Nevada 1971, p. 2267; Statutes of Nevada 1973, p. 1948. The third amendment was proposed and passed by the 1993 legislature; agreed to and passed by the 1995 legislature; and approved and ratified by the people at the 1996 general election. See: Statutes of Nevada 1993, p. 3064; Statutes of Nevada 1995, p. 2899.

Section 3

Text of Section 3:

State Indebtedness: Limitations and Exceptions

The State may contract public debts; but such debts shall never, in the aggregate, exclusive of interest, exceed the sum of two per cent of the assessed valuation of the State, as shown by the reports of the county assessors to the State Controller, except for the purpose of defraying extraordinary expenses, as hereinafter mentioned. Every such debt shall be authorized by law for some purpose or purposes, to be distinctly specified therein; and every such law shall provide for levying an annual tax sufficient to pay the interest semiannually, and the principal within twenty years from the passage of such law, and shall specially appropriate the proceeds of said taxes to the payment of said principal and interest; and such appropriation shall not be repealed nor the taxes postponed or diminished until the principal and interest of said debts shall have been wholly paid. Every contract of indebtedness entered into or assumed by or on behalf of the State, when all its debts and liabilities amount to said sum before mentioned, shall be void and of no effect, except in cases of money borrowed to repel invasion, suppress insurrection, defend the State in time of war, or, if hostilities be threatened, provide for the public defense.

The State, notwithstanding the foregoing limitations, may, pursuant to authority of the Legislature, make and enter into any and all contracts necessary, expedient or advisable for the protection and preservation of any of its property or natural resources, or for the purposes of obtaining the benefits thereof, however arising and whether arising by or through any undertaking or project of the United States or by or through any treaty or compact between the states, or otherwise. The Legislature may from time to time make such appropriations as may be necessary to carry out the obligations of the State under such contracts, and shall levy such tax as may be necessary to pay the same or carry them into effect.[1]

Amendments

  • Amended in 1916, 1934 and 1989. The first amendment was proposed and passed by the 1913 Legislature; agreed to and passed by the 1915 Legislature; and approved and ratified by the people at the 1916 General Election. See: Statutes of Nevada 1913, p. 585; Statutes of Nevada 1915, p. 516. The second amendment was proposed and passed by the 1931 Legislature; agreed to and passed by the 1933 Legislature; and approved and ratified by the people at the 1934 General Election. See: Statutes of Nevada 1933, p. 357. The third amendment was proposed and passed by the 1987 Legislature; agreed to and passed by the 1989 Legislature; and approved and ratified by the people at a special election held on May 2, 1989. See: Statutes of Nevada 1987, p. 2422; Statutes of Nevada 1989, p. 2230.

Section 4

Text of Section 4:

Assumption of Debts of County, City or Corporation by State

The State shall never assume the debts of any county, town, city or other corporation whatever, unless such debts have been created to repel invasion[,] suppress insurrection or to provide for the public defense.[1]

Section 5

Text of Section 5:

Proceeds from Fees for Licensing and Registration of Motor Vehicles and Excise Taxes on Fuel Reserved for Construction, Maintenance and Repair of Public Highways; Exception

The proceeds from the imposition of any license or registration fee and other charge with respect to the operation of any motor vehicle upon any public highway in this State and the proceeds from the imposition of any excise tax on gasoline or other motor vehicle fuel shall, except costs of administration, be used exclusively for the construction, maintenance, and repair of the public highways of this State. The provisions of this section do not apply to the proceeds of any tax imposed upon motor vehicles by the Legislature in lieu of an ad valorem property tax.[1]

Amendments

  • Added in 1940 and amended in 1962. The addition was proposed and passed by the 1937 Legislature; agreed to and passed by the 1939 Legislature; and approved and ratified by the people at the 1940 General Election. See: Statutes of Nevada 1937, p. 567; Statutes of Nevada 1939, p. 359. The amendment was proposed and passed by the 1960 Legislature; agreed to and passed by the 1961 Legislature; and approved and ratified by the people at the 1962 General Election. See: Statutes of Nevada 1960, p. 509; Statutes of Nevada 1961, p. 825.

See also

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