Article 17, Nevada Constitution

From Ballotpedia
Jump to: navigation, search
Nevada Constitution
Flag of Nevada.png
Articles
Preliminary ActionOrdinancePreamble1234567891011121314151617XVIII19Election Ordinance
Article 17 of the Nevada Constitution is entitled Schedule and consists of 26 sections.

Section 1

Text of Section 1:

Saving Existing Rights and Liabilities

That no inconvenience may arise by reason of a change from a Territorial to a permanent State Government, it is declared, that all rights, actions, prosecutions, judgements[,] Claims and Contracts, as well of individuals, as of bodies corporate, including counties, towns and cities, shall continue as if no change had taken place; and all process which may issue under the Authority of the Territory of Nevada, previous to its admission into the Union as one of the United States, shall be as valid as if issued in the name of the State of Nevada.[1]

Section 2

Text of Section 2:

Territorial Laws to Remain in Force

All laws of the Territory of Nevada in force at the time of the admission of this State, not repugnant to this Constitution, shall remain in force until they expire by their own limitations or be altered or repealed by the Legislature.[1]

Section 3

Text of Section 3:

Fines, Penalties and Forfeitures to Inure to State

All fines, penalties and forfeitures accruing to the Territory of Nevada or to the people of the United States in the Territory of Nevada, shall inure to the State of Nevada.[1]

Section 4

Text of Section 4:

Existing Obligations and Pending Suits

All recognizances heretofore taken, or which may be taken before the change from a Territorial, to a State Government, shall remain valid, and shall pass to, and may be prosecuted in the name of the State, and all bonds, executed to the Governor of the Territory or to any other Officer or Court in his or their official capacity, or to the people of the United States in the Territory of Nevada, shall pass to the Governor, or other officer or court, and his or their successors in office for the uses therein respectively expressed, and may be sued on, and recovery had accordingly; And all property real, personal or mixed, and all judgements, bonds, specialties, choses in Action, claims and debts of whatsoever description, and all records, and public Archives of the Territory of Nevada, shall issue to and vest in the State of Nevada, and may be sued for and recovered in the same manner and to the same extent by the State of Nevada, as the same could have been by the Territory of Nevada. All criminal prosecutions and penal Actions, which may have arisen, or which may arise before the change from a Territorial to a State Government, and which shall then be pending, shall be prosecuted to judgement and execution in the name of the State. All offenses committed against the laws of the Territory of Nevada, before the change from a Territorial to a State Government, and which shall not be prosecuted before such change, may be prosecuted in the name and by the Authority of the State of Nevada, with like effect as though such change had not taken place; And all penalties incurred, shall remain the same as if this Constitution had not been adopted; All actions at law, and suits in equity, and other legal proceedings, which may be pending in any of the Courts of the Territory of Nevada at the time of the change from a Territorial to a State Government may be continued and transferred to, and determined by, any court of the State, which shall have jurisdiction of the subject matter thereof. All actions at law and suits in Equity, and all other legal proceedings, which may be pending in any of the Courts of the Territory of Nevada at the time of the change from a Territorial to a State Government, shall be continued and transferred to, and may be prosecuted to judgement and execution in any Court of the State which shall have jurisdiction of the subject matter thereof; And all books, papers and records, relating to the same shall be transferred in like manner to such Court.[1]

Section 5

Text of Section 5:

Salaries of State Officers for First Term of Office

For the first term of office succeeding the formation of a State Government, the Salary of the Governor shall be Four Thousand Dollars per annum; The salary of the Secretary of State shall be Three Thousand, Six hundred Dollars per annum; The salary of the State Controller shall be Three Thousand, Six hundred Dollars per annum; The salary of the State Treasurer shall be Three Thousand Six hundred Dollars per Annum; The salary of the Surveyor General shall be One Thousand Dollars per annum; The salary of the Attorney General shall be Two Thousand Five hundred Dollars per annum; The salary of the Superintendent of Public Instruction shall be Two Thousand Dollars per annum; The salary of each judge of the Supreme Court shall be Seven Thousand Dollars per annum; The salaries of the foregoing officers, shall be paid quarterly, out of the State Treasury. The pay of State Senators and Members of Assembly shall be Eight Dollars per day, for each day of actual service, and forty cents per mile for mileage going to, and returning from, the place of meeting. No officer mentioned in this Section, shall receive any fee or perquisites, to his own use for the performance of any duty connected with his office, or for the performance of any additional duty imposed upon him by law.[1]

Section 6

Text of Section 6:

Apportionment of Senators and Assemblymen

Until otherwise provided by Law the apportionment of Senators and Assemblymen in the different counties shall be as follows, to Wit: Storey County four Senators and Twelve Assemblymen, Douglas County One Senator and Two Assemblymen; Esmeralda County, Two Senators and Four Assemblymen; Humboldt County, Two Senators and Three Assemblymen; Lander County Two Senators and Four Assemblymen; Lyon County, One Senator and Three Assemblymen; Lyon and Churchill Counties, One Senator jointly; Churchill County One Assemblyman; Nye County One Senator and one Assemblyman; Ormsby County Two Senators and Three Assemblymen; Washoe and Roop Counties, Two Senators and Three Assemblymen.[1]

Section 7

Text of Section 7:

Assumption of Territorial Debts and Liabilities

All debts and liabilities of the Territory of Nevada, lawfully incurred and which remain unpaid, at the time of the admission of this State into the Union shall be assumed by and become the debt of the State of Nevada; Provided that the assumption of such indebtedness shall not prevent the State from contracting the additional indebtedness as provided in Section Three of Article Nine of this Constitution.[1]

Section 8

Text of Section 8:

Terms of Elected State Officers

The term of State Officers, except Judicial, elected at the first election under this Constitution shall continue until the Tuesday after the first Monday of January AD. Eighteen hundred and sixty seven, and until the election and qualification of their successors.[1]

Section 9

Text of Section 9:

Terms of Senators

The Senators to be elected at the first election under this Constitution shall draw lots, so that, the term of one half of the number as nearly as may be, shall expire on the day succeeding the general election in A.D. Eighteen Hundred and Sixty Six; and the term of the other half shall expire on the day succeeding the general election in A.D. Eighteen hundred and sixty eight, Provided, that in drawing lots for all Senatorial terms, the Senatorial representation shall be allotted, so that in the Counties having two or more Senators, the terms thereof shall be divided as nearly as may be between the long and short terms.[1]

Section 10

Text of Section 10:

Terms of Senators and Assemblymen After 1866

At the general election in A.D. Eighteen hundred and Sixty Six; and thereafter, the term of Senators shall be for Four Years from the day succeeding such general election, and members of Assembly for Two Years from the day succeeding such general election, and the terms of Senators shall be allotted by the Legislature in long and short terms as hereinbefore provided; so that one half the number as nearly as may be, shall be elected every Two Years.[1]

Section 11

Text of Section 11:

Terms of Assemblymen: Elected at First General Election and in 1865

The term of the members of the Assembly elected at the first general election under this Constitution shall expire on the day succeeding the general election in AD. Eighteen hundred and Sixty Five; and the terms of those elected at the general election in AD. Eighteen hundred and Sixty Five, shall expire on the day succeeding the general election in A.D. Eighteen hundred and Sixty six.[1]

Section 12

Text of Section 12:

Commencement Date of First Three Legislative Sessions; Regular Sessions of Legislature to Be Held Biennially

The first regular session of the Legislature shall commence on the second Monday of December A.D. Eighteen hundred and Sixty Four, and the second regular session of the same shall commence on the first Monday of January A.D. Eighteen hundred and Sixty Six; and the third regular session of the Legislature shall be the first of the biennial sessions, and shall commence on the first Monday of January A.D. Eighteen hundred and Sixty Seven; and the regular sessions of the Legislature shall be held thereafter biennially.[1]

Amendments

  • See Art. 4, sec. 2, as amended in 1889. Amended in 1998. Proposed and passed by the 1995 legislature; agreed to and passed by the 1997 legislature; and approved and ratified by the people at the 1998 general election. See: Statutes of Nevada 1995, p. 2972; Statutes of Nevada 1997, p. 3726.

Section 13

Text of Section 13:

Continuation of Territorial County and Township Officers; Probate Judges

All county officers under the laws of the Territory of Nevada at the time when the Constitution shall take effect, whose offices are not inconsistent with the provisions of this Constitution, shall continue in office until the first Monday of January A.D. Eighteen hundred and Sixty Seven, and until their successors are elected and qualified; and all township officers shall continue in office until the expiration of their terms of office, and until their successors are elected and qualified; Provided, that the Probate Judges of the several counties respectively, shall continue in office until the election and qualification of the District Judges of the several counties or Judicial Districts; And Provided further, that the term of office of the present county officers of Lander County, shall expire on the first Monday of January AD Eighteen hundred and Sixty Five, except the Probate Judge of said County whose term of office shall expire upon the first Monday of December A.D. Eighteen hundred and Sixty Four, and there shall be an election for County Officers of Lander County at the general election in November A.D. Eighteen hundred and Sixty Four, and the officers then elected, shall hold office from the first Monday of January AD. Eighteen hundred and Sixty five until the first Monday of January AD. Eighteen hundred and sixty seven, and until their successors are elected and qualified.[1]

Section 14

Text of Section 14:

Duties of Certain Territorial Officers Continued

The Governor, Secretary, Treasurer and Superintendent of Public Instruction of the Territory of Nevada shall each continue to discharge the duties of their respective offices after the admission of this State into the Union, and until the time designated for the qualification of the above named officers to be elected under the State Government, and the Territorial Auditor shall continue to discharge the duties of his said office until the time appointed for the qualification of the State Controller; Provided, that the said officers shall each receive the salaries, and be subject to the restrictions and conditions provided in this Constitution; And Provided further, that none of them shall receive to his own use any fees or perquisites for the performance of any duty connected with his office.[1]

Section 15

Text of Section 15:

Terms of Supreme Court and District Courts

The terms of the Supreme Court shall, until provision be made by law, be held at such times as the Judges of the said Court or a majority of them may appoint. The first terms of the several District Courts (except as hereinafter mentioned) shall commence on the first Monday of December A.D. Eighteen Hundred and Sixty Four. The first term of the District Court in the Fifth Judicial District, shall commence on the first Monday of December A.D. Eighteen Hundred and Sixty Four in the County of Nye; and shall commence on the first Monday of January A.D. Eighteen Hundred and Sixty Five in the County of Churchill. The terms of the Fourth Judicial District Court shall until otherwise provided by law be held at the County Seat of Washoe County, and the first term thereof commence on the first Monday of December, AD. Eighteen Hundred and Sixty Four.[1]

Section 16

Text of Section 16:

Salaries of District Judges

The Judges of the several District Courts of this State shall be paid as hereinbefore provided Salaries at the following rates per Annum: First Judicial District (Each Judge) Six Thousand Dollars; Second Judicial District Four Thousand Dollars; Third Judicial District, Five Thousand Dollars; Fourth Judicial District Five Thousand Dollars; Fifth Judicial District Thirty Six Hundred Dollars; Sixth Judicial District Four Thousand Dollars; Seventh Judicial District Six Thousand Dollars; Eighth Judicial District Thirty Six Hundred Dollars; Ninth Judicial District Five Thousand Dollars.[1]

Section 17

Text of Section 17:

Alteration of Salary of District Judge Authorized

The salary of any Judge in said Judicial Districts may by law be altered or changed, subject to the provisions contained in this Constitution.[1]

Section 18

Text of Section 18:

Qualification and Terms of Certain Elective State Officers

The Governor, Lieutenant Governor, Secretary of State, State Treasurer, State Controller, Attorney General, Surveyor General, Clerk of the Supreme Court and Superintendent of Public Instruction, to be elected at the first election under this Constitution shall each qualify and enter upon the duties of their respective offices on the first Monday of December succeeding their election and shall continue in office until the first Tuesday after the first Monday of January AD. Eighteen hundred and Sixty Seven, and until the election and qualification of their successors respectively.[1]

Section 19

Text of Section 19:

When Justices of Supreme Court and District Judges Enter upon Duties

The Judges of the Supreme Court and District Judges to be elected at the first election under this Constitution shall qualify and enter upon the duties of their respective offices on the first Monday of December succeeding their election.[1]

Section 20

Text of Section 20:

State Officers and District Judges to Be Commissioned by Territorial Governor; State Controller and Treasurer to Furnish Bonds

All officers of State, and District Judges first elected under this Constitution shall be commissioned by the Governor of this Territory, which commission shall be countersigned by the Secretary of the same, and shall qualify before entering upon the discharge of their duties, before any officer authorized to administer oaths under the Laws of this Territory; and also the State Controller and State Treasurer shall each respectively, before they qualify, and enter upon the discharge of their duties, execute and deliver to the Secretary of the Territory of Nevada an Official Bond, made payable to the People of the State of Nevada in the sum of Thirty Thousand Dollars, to be approved by the Governor of the Territory of Nevada; and shall also execute and deliver to the Secretary of State such other or further official Bond or Bonds as may be required by law.[1]

Section 21

Text of Section 21:

Support of County and City Officers

Each County, Town, City, and Incorporated Village shall make provision for the support of its own officers, subject to such regulations as may be prescribed by law.[1]

Section 22

Text of Section 22:

Vacancies in Certain State Offices: How Filled

In case the office of any State officer, except a judicial officer, shall become vacant before the expiration of the regular term for which he was elected, the vacancy may be filled by appointment by the Governor until it shall be supplied at the next general election, when it shall be filled by election for the residue of the unexpired term.[1]

Amendments

  • Amended in 1976. Proposed and passed by the 1973 legislature; agreed to and passed by the 1975 legislature; and approved and ratified by the people at the 1976 general election. See: Statutes of Nevada 1973, p. 1955; Statutes of Nevada 1975, p. 1873.

Section 23

Text of Section 23:

Civil and Criminal Cases Pending in Probate Courts Transferred to District Courts

All cases both civil and criminal, which may be pending and undetermined in the Probate Courts of the several counties at the time when under the provisions of this Constitution, said Probate Courts are to be abolished, shall be transferred to and determined by the District Courts of such counties respectively.[1]

Section 24

Text of Section 24:

Levy of Tax Limited for 3 Years

For the first Three Years after the adoption of this Constitution the Legislature shall not levy a tax for State purposes, exceeding one per cent per annum on the taxable property in the State, Provided, the Legislature may levy a special tax not exceeding one fourth of one per cent per annum, which shall be appropriated to the payment of the indebtedness of the Territory of Nevada, assumed by the State of Nevada, and for that purpose only, until all of said indebtedness is paid.[1]

Section 25

Text of Section 25:

Roop County Attached to Washoe County

The County of Roop shall be attached to the County of Washoe for Judicial[,] Legislative, Revenue and County purposes, until otherwise provided by law.[1]

Section 26

Text of Section 26:

Constitutional Debates and Proceedings: Publication; Payment of Reporter

At the first regular session of the Legislature to convene under the requirements of this Constitution, provisions shall be made by law for paying for the publication of Six Hundred copies of the Debates and proceedings of this Convention in Book form, to be disposed of as the Legislature may direct; and the Hon. J Neely Johnson President of this Convention, shall contract for, and A. J Marsh, official reporter of this convention under the direction of the President, shall supervise the publication of such debates and proceedings. Provision shall be made by law, at such first session of the Legislature for the compensation of the official reporter of this convention, and he shall be paid in coin or its equivalent. He shall receive for his services in reporting the debates and proceedings, Fifteen Dollars per day during the session of the Convention, and Seven and one half dollars additional for each evening session, and thirty cents per folio of one hundred words for preparing the same for publication, and for supervising and indexing such publication the sum of Fifteen Dollars per day during the time actually engaged in such service.[1]

See also

StateConstitutions Ballotpedia.jpg

External links

BallotpediaAvatar bigger.png
Suggest a link

Additional reading

References