Article 15, Nevada Constitution

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Nevada Constitution
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Article 15 of the Nevada Constitution is entitled Miscellaneous Provisions and consists of 17 sections.

Section. 1. Carson City seat of government. The seat of Government shall be at Carson City, but no appropriation for the erection or purchase of Capitol buildings shall be made during the next three Years[.]


     Section 2.  Oath of office.  Members of the legislature, and all officers, executive, judicial and ministerial, shall, before they enter upon the duties of their respective offices, take and subscribe to the following oath:
     I, ................, do solemly [solemnly] swear (or affirm) that I will support, protect and defend the constitution and government of the United States, and the constitution and government of the State of Nevada, against all enemies, whether domestic or foreign, and that I will bear true faith, allegiance and loyalty to the same, any ordinance, resolution or law of any state notwithstanding, and that I will well and faithfully perform all the duties of the office of ................, on which I am about to enter; (if an oath) so help me God; (if an affirmation) under the pains and penalties of perjury.
     [Amended in 1914. Proposed and passed by the 1911 legislature; agreed to and passed by the 1913 legislature; and approved and ratified by the people at the 1914 general election. See: Statutes of Nevada 1911, p. 458; Journal of the Assembly, 26th Session, p. 20 and Journal of the Senate, 26th Session, p. 37.]
     Sec. 3.  Eligibility for public office.
     1.  No person shall be eligible to any office who is not a qualified elector under this Constitution.
     2.  No person may be elected to any state office or local governing body who has served in that office, or at the expiration of his current term if he is so serving will have served, 12 years or more, unless the permissible number of terms or duration of service is otherwise specified in this Constitution.
     [Amended in 1889, 1912, 1978 and 1996. The first amendment was proposed and passed by the 1887 Legislature; agreed to and passed by the 1889 Legislature; and approved and ratified by the people at a Special Election held February 11, 1889. See: Statutes of Nevada 1887, p. 162; Statutes of Nevada 1889, p. 151. The second amendment was proposed and passed by the 1909 Legislature; agreed to and passed by the 1911 Legislature; and approved and ratified by the people at the 1912 General Election. See: Statutes of Nevada 1909, p. 349; Statutes of Nevada 1911, p. 454. The third amendment was proposed and passed by the 1975 Legislature; agreed to and passed by the 1977 Legislature; and approved and ratified by the people at the 1978 General Election. See: Statutes of Nevada 1975, p. 1902; Statutes of Nevada 1977, p. 1687. The fourth amendment was proposed by initiative petition and approved and ratified by the people at the 1994 and 1996 General Elections.]

Sec: 4. Perpetuities; eleemosynary purposes. No perpetuities shall be allowed except for eleemosynary purposes.


Sec: 5. Time of general election. The general election shall be held on the Tuesday next after the first Monday of November.


Sec: 6. Number of members of legislature limited. The aggregate number of members of both branches of the Legislature shall never exceed Seventy five.


Sec: 7. County offices at county seats. All county Officers shall hold their Offices at the County seat of their respective Counties.


Sec: 8. Publication of general statutes and opinions of Supreme Court; effective date of opinions of Supreme Court. [Effective through November 22, 2010, and after that date unless the proposed amendment is agreed to and passed by the 2009 Legislature and approved and ratified by the voters at the 2010 General Election.] The Legislature shall provide for the speedy publication of all statute laws of a general nature, and such decisions of the Supreme Court, as it may deem expedient; and all laws and judicial decisions shall be free for publication by any person; provided, that no judgment of the Supreme Court shall take effect and be operative until the opinion of the court in such case shall be filed with the clerk of said court.


     Sec. 8.  Publication of general statutes; publication and effective date of decisions of Supreme Court and court of appeals. [Effective November 23, 2010, if the proposed amendment is agreed to and passed by the 2009 Legislature and approved and ratified by the voters at the 2010 General Election.]  The Legislature shall provide for the speedy publication of all statute laws of a general nature and such decisions of the Supreme Court and the court of appeals, if established by the Legislature, as it may deem expedient. All laws and judicial decisions must be free for publication by any person. No judgment of the Supreme Court or the court of appeals shall take effect and be operative until the opinion of the court in such case is filed with the clerk of said court.
     (Proposed amendment passed by the 2007 Legislature; effective November 23, 2010, if agreed to and passed by the 2009 Legislature and approved and ratified by the voters at the 2010 General Election. See Statutes of Nevada 2007, p. 3560.)

Sec: 9. Increase or decrease of compensation of officers whose compensation fixed by constitution. The Legislature may, at any time, provide by law for increasing or diminishing the salaries or compensation of any of the Officers, whose salaries or compensation is fixed in this Constitution; Provided, no such change of Salary or compensation shall apply to any Officer during the term for which he may have been elected.


Sec: 10. Election or appointment of officers. All officers whose election or appointment is not otherwise provided for, shall be chosen or appointed as may be prescribed by law.


     Sec. 11.  Term of office when not fixed by Constitution; limitation; municipal officers and employees.  The tenure of any office not herein provided for may be declared by law, or, when not so declared, such office shall be held during the pleasure of the authority making the appointment, but the Legislature shall not create any office the tenure of which shall be longer than four (4) years, except as herein otherwise provided in this Constitution. In the case of any officer or employee of any municipality governed under a legally adopted charter, the provisions of such charter with reference to the tenure of office or the dismissal from office of any such officer or employee shall control.
     [Amended in 1946. Proposed and passed by the 1943 Legislature; agreed to and passed by the 1945 Legislature; and approved and ratified by the people at the 1946 General Election. See: Statutes of Nevada 1943, p. 325; Statutes of Nevada 1945, p. 505.]

Sec: 12. Certain state officers to keep offices at Carson City. The Governor, Secretary of State, State Treasurer, State Controller, and Clerk of the Supreme Court, shall keep their respective offices at the seat of Government.


Sec: 13. Census by legislature and Congress: Basis of representation in houses of legislature. The enumeration of the inhabitants of this State shall be taken under the direction of the Legislature if deemed necessary in AD Eighteen hundred and Sixty five, AD Eighteen hundred and Sixty seven, AD Eighteen hundred and Seventy five, and every ten years thereafter; and these enumerations, together with the census that may be taken under the direction of the Congress of the United States in A.D. Eighteen hundred and Seventy, and every subsequent ten years shall serve as the basis of representation in both houses of the Legislature.


Sec: 14. Election by plurality. A plurality of votes given at an election by the people, shall constitute a choice, where not otherwise provided by this Constitution[.]


Sec. 15. Merit system governing employment in executive branch of state government. The legislature shall provide by law for a state merit system governing the employment of employees in the executive branch of state government.

     [Added in 1970. Proposed and passed by the 1967 legislature; agreed to and passed by the 1969 legislature; and approved and ratified by the people at the 1970 general election. See: Statutes of Nevada 1967, p. 1829; Statutes of Nevada 1969, p. 1720.]

Sec. 16. Payment of minimum compensation to employees.

     A.  Each employer shall pay a wage to each employee of not less than the hourly rates set forth in this section. The rate shall be five dollars and fifteen cents ($5.15) per hour worked, if the employer provides health benefits as described herein, or six dollars and fifteen cents ($6.15) per hour if the employer does not provide such benefits. Offering health benefits within the meaning of this section shall consist of making health insurance available to the employee for the employee and the employee’s dependents at a total cost to the employee for premiums of not more than 10 percent of the employee’s gross taxable income from the employer. These rates of wages shall be adjusted by the amount of increases in the federal minimum wage over $5.15 per hour, or, if greater, by the cumulative increase in the cost of living. The cost of living increase shall be measured by the percentage increase as of December 31 in any year over the level as of December 31, 2004 of the Consumer Price Index (All Urban Consumers, U.S. City Average) as published by the Bureau of Labor Statistics, U.S. Department of Labor or the successor index or federal agency. No CPI adjustment for any one-year period may be greater than 3%. The Governor or the State agency designated by the Governor shall publish a bulletin by April 1 of each year announcing the adjusted rates, which shall take effect the following July 1. Such bulletin will be made available to all employers and to any other person who has filed with the Governor or the designated agency a request to receive such notice but lack of notice shall not excuse noncompliance with this section. An employer shall provide written notification of the rate adjustments to each of its employees and make the necessary payroll adjustments by July 1 following the publication of the bulletin. Tips or gratuities received by employees shall not be credited as being any part of or offset against the wage rates required by this section.
     B.  The provisions of this section may not be waived by agreement between an individual employee and an employer. All of the provisions of this section, or any part hereof, may be waived in a bona fide collective bargaining agreement, but only if the waiver is explicitly set forth in such agreement in clear and unambiguous terms. Unilateral implementation of terms and conditions of employment by either party to a collective bargaining relationship shall not constitute, or be permitted, as a waiver of all or any part of the provisions of this section. An employer shall not discharge, reduce the compensation of or otherwise discriminate against any employee for using any civil remedies to enforce this section or otherwise asserting his or her rights under this section. An employee claiming violation of this section may bring an action against his or her employer in the courts of this State to enforce the provisions of this section and shall be entitled to all remedies available under the law or in equity appropriate to remedy any violation of this section, including but not limited to back pay, damages, reinstatement or injunctive relief. An employee who prevails in any action to enforce this section shall be awarded his or her reasonable attorney’s fees and costs.
     C.  As used in this section, “employee” means any person who is employed by an employer as defined herein but does not include an employee who is under eighteen (18) years of age, employed by a nonprofit organization for after school or summer employment or as a trainee for a period not longer than ninety (90) days. “Employer” means any individual, proprietorship, partnership, joint venture, corporation, limited liability company, trust, association, or other entity that may employ individuals or enter into contracts of employment.
     D.  If any provision of this section is declared illegal, invalid or inoperative, in whole or in part, by the final decision of any court of competent jurisdiction, the remaining provisions and all portions not declared illegal, invalid or inoperative shall remain in full force or effect, and no such determination shall invalidate the remaining sections or portions of the sections of this section.
     [Added in 2006. Proposed by initiative petition and approved and ratified by the people at the 2004 and 2006 General Elections.] 

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