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Nevada Assembly Joint Resolution 8 (2015)

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Nevada Assembly Joint Resolution 8
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Legislature:Nevada State Legislature
Text:AJR 8
Sponsor(s):Seven Republican legislators
Legislative history
Introduced:March 16, 2015
State house:April 16, 2015
State senate:May 22, 2015
Governor:Gov. Brian Sandoval (R)
Signed:NA
Legal environment
State law:Initiatives
Code:Nevada Constitution
Section:Article 4, Section 18


Nevada Assembly Joint Resolution 8, which proposed a legislatively referred constitutional amendment concerning voter approval of initiatives, was introduced on March 16, 2015. It was approved in the Nevada State Assembly on April 16, 2015. In the Nevada State Senate, the bill was approved on May 22, 2015. Majority approval in two successive sessions of the state legislature is required to refer a constitutional amendment to the ballot. Thus, this resolution had to be approved again to reach the ballot. No action was taken on the resolution in the state's 2017 legislative session, which means it failed and will not go before voters in 2018.[1]

Provisions

See also: Laws governing the initiative process in Nevada

Assembly Joint Resolution 8 was designed to "amend the Nevada Constitution to require that an initiative petition which creates, generates or increases any public revenue be approved by the affirmative vote of not less than two-thirds of the voters voting on the question."[2]

Legislative counsel's digest

The state's legislative counsel prepared the following summary of AJR 8:

The Nevada Constitution reserves to the people the power to propose statutory or constitutional amendments by initiative petition. In the case of a statutory initiative petition that has qualified for the ballot, the Constitution provides that such a petition must initially be transmitted by the Secretary of State to the Legislature, which may enact the measure, reject it or take no action on it. If the measure is enacted by the Legislature and approved by the Governor in the same manner as other statutes are enacted, it becomes law. (Nev. Const. Art. 19, § 2) This resolution proposes, initially, to amend the Constitution to provide that legislative enactment of a statutory initiative measure which creates, generates or increases any public revenue in any form requires the affirmative vote of not less than two-thirds of the members elected to each House of the Legislature, in the same manner as a bill or joint resolution originating in the Legislature and creating, generating or increasing any public revenue. (Nev. Const. Art. 4, § 18)

The Constitution also provides that a majority of all the members elected to each House of the Legislature may refer any measure which creates, generates or increases any public revenue to the voters at the next general election. The measure becomes effective if it is approved by a majority of the votes cast on the measure at the election. (Nev. Const. Art. 4, § 18) This resolution proposes to amend the Constitution to require that a statutory initiative measure which is so referred must be approved by the affirmative vote of not less than two-thirds of the voters voting on the question.

If a statutory initiative measure is rejected or if no action is taken on it by the Legislature, the Constitution provides that the measure must be submitted to the voters at the next general election. The measure becomes effective if it is approved by a majority of the votes cast on the measure at the election. An initiative petition that proposes an amendment to the Constitution and has qualified for the ballot is not transmitted to the Legislature, but is placed on the ballot. If a constitutional initiative measure is approved by a majority of the votes cast on the measure at two successive general elections, it likewise becomes effective. (Nev. Const. Art. 19, § 2) This resolution proposes to amend the Constitution to provide that a statutory or constitutional initiative measure must be approved by the affirmative vote of not less than two-thirds of the voters voting on the question if the measure creates, generates or increases any public revenue.[3]

See also

Footnotes

  1. Cite error: Invalid <ref> tag; no text was provided for refs named Open
  2. 2.0 2.1 Nevada State Legislature, "Assembly Joint Resolution 8," accessed December 21, 2015
  3. Note: This text is quoted verbatim from the original source. Any inconsistencies are attributable to the original source.