AJR7 - Proposes to amend the Nevada Constitution to revise provisions relating to the compensation of certain elected officers. (BDR C-654)

(Reprinted with amendments adopted on April 14, 2025) FIRST REPRINT A.J.R. 7 - *AJR7_R1* ASSEMBLY JOINT RESOLUTION NO. 7–ASSEMBLYMEMBERS WATTS, MOSCA, HIBBETTS, YEAGER, KASAMA; ANDERSON, BACKUS, BROWN-MAY, CARTER, COLE, CONSIDINE, DALIA, DICKMAN, D’SILVA, EDGEWORTH, FLANAGAN, GALLANT, GONZÁLEZ, GOULDING, GRAY, GURR, HAFEN, HANSEN, HARDY, HUNT, JACKSON, JAUREGUI, KARRIS, KOENIG, LA RUE HATCH, MARZOLA, MILLER, MONROE- MORENO, MOORE, NADEEM, NGUYEN, O’NEILL, ORENTLICHER, ROTH, TORRES-FOSSETT AND YUREK PREFILED JANUARY 31, 2025 ____________ JOINT SPONSORS: SENATORS NGUYEN, STONE; DOÑATE AND HANSEN ____________ Referred to Committee on Legislative Operations and Elections SUMMARY—Proposes to amend the Nevada Constitution to revise provisions relating to the compensation of certain elected officers. (BDR C-654) FISCAL NOTE: Effect on Local Government: No. Effect on the State: No. ~ EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted. ASSEMBLY JOINT RESOLUTION—Proposing to amend the Nevada Constitution to provide a citizens’ commission to establish the compensation of certain elected officers. Legislative Counsel’s Digest: This resolution proposes to revise the Nevada Constitution to reserve to a 1 Citizens’ Commission on Compensation for Certain Elected Officers the power to 2 establish salaries and benefits for members of the Legislature, the Governor, the 3 Lieutenant Governor, the Secretary of State, the State Treasurer, the State 4 Controller and the Attorney General. This resolution also proposes to revise the 5 Nevada Constitution to authorize the Commission to: (1) fix the compensation of 6 the members of the Legislature for each calendar day of service during any regular 7 or special session of the Legislature; and (2) provide for the compensation of 8 members of the Legislature for the performance of duties as a member of the 9 Legislature outside of a regular or special session. This resolution further proposes 10 to repeal from the Nevada Constitution the authority of the Legislature to provide 11 – 2 – - *AJR7_R1* by law, under certain circumstances, for increasing or diminishing the salaries or 12 compensation of constitutional officers. 13 RESOLVED BY THE ASSEMBLY AND SENATE OF THE STATE OF 1 NEVADA, JOINTLY, That a new section, designated Section 33A, be 2 added to Article 4 of the Nevada Constitution to read as follows: 3 Sec. 33A. 1. The Legislature shall provide by law for 4 a Citizens’ Commission on Compensation for Certain 5 Elected Officers. 6 2. The Commission must consist of seven members 7 appointed by the Governor who have diverse personal and 8 professional interests and reside in various geographical 9 areas of this State, who must include: 10 (a) One member who has expertise in public 11 compensation and is recommended by the Public 12 Employees’ Retirement Board or its successor organization; 13 (b) One member who represents a nonprofit public 14 interest organization; 15 (c) One member who represents the general public; 16 (d) Two members who represent the interests of business 17 in this State; and 18 (e) Two members who have experience as officers or 19 members of a labor organization in this State and are 20 recommended by a labor organization in this State. 21 3. Each member of the Commission must be a resident 22 of this State and must not be a state officer, public employee 23 or lobbyist, or a parent, spouse, sibling, child or dependent 24 of a state officer, public employee or lobbyist. 25 4. Except as otherwise provided in this subsection, the 26 term of office of each member of the Commission is 4 years. 27 The Governor shall appoint three of the members first 28 appointed by him or her for initial terms of 2 years. If a 29 vacancy occurs, the Governor shall fill the vacancy for the 30 unexpired term in the same manner as the original 31 appointment within 30 days after the vacancy occurs. A 32 member of the Commission may not serve more than two 33 terms. 34 5. The Governor may remove a member of the 35 Commission only for cause of incapacity, incompetence, 36 neglect of duty, malfeasance in office or failure to meet a 37 qualification set forth in subsections 2 and 3. 38 6. The Commission shall elect a Chair from among its 39 members. Except as otherwise provided in this section, the 40 Commission shall adopt rules of procedure for the conduct 41 – 3 – - *AJR7_R1* of its hearings and any other procedural rules it deems 1 necessary to carry out its duties. The affirmative vote of a 2 majority of all the members appointed to the Commission is 3 required to take action. 4 7. Members of the Commission are entitled to: 5 (a) The compensation provided by law for members of 6 the Commission on Judicial Discipline who are not judicial 7 officers; and 8 (b) The per diem allowance and travel expenses 9 provided by law for state officers and employees generally. 10 8. The Commission shall: 11 (a) Study the relationship of salaries and benefits to the 12 duties of the members of the Legislature, the Governor, 13 Lieutenant Governor, Secretary of State, State Treasurer, 14 State Controller and Attorney General; 15 (b) Compare the salaries and benefits of the elected 16 officers set forth in paragraph (a) to the salaries and 17 benefits of persons who are employed by a public or private 18 employer and who have similar qualifications and 19 responsibilities as those elected officers; 20 (c) Fix the salaries and benefits of the elected officers 21 set forth in paragraph (a); and 22 (d) Carry out any duties provided by law by the 23 Legislature. 24 9. Except for the initial schedule of salaries and 25 benefits for elected officers filed pursuant to subsection 10, 26 the Commission may not increase or decrease the salary of 27 any elected officer set forth in paragraph (a) of subsection 8 28 by more than 15 percent of the salary of that elected officer 29 provided in the immediately preceding schedule of salaries 30 for elected officers. The Commission may exercise any 31 powers conferred by the Legislature. 32 10. The Commission shall file its initial schedule of 33 salaries and benefits for elected officers with the Secretary 34 of State not later than January 1, 2031, and shall file a 35 schedule of salaries and benefits not later than January 1 of 36 each odd-numbered year thereafter. Each schedule of 37 salaries and benefits is effective: 38 (a) For members of the Legislature, for the period from 39 the first Monday of February immediately following the 40 January 1 that the schedule is due through the day before 41 the first Monday of February of the next odd-numbered 42 year; and 43 (b) For all other elected officers set forth in paragraph 44 (a) of subsection 8, for the period from July 1 immediately 45 – 4 – - *AJR7_R1* following the January 1 that the schedule is due through 1 June 30 of the next odd-numbered year. 2 11. The Legislature shall provide by law for setting 3 apart from each year’s revenues a sufficient amount of 4 money to pay such salaries and benefits. 5 12. Before the Commission may file a schedule of 6 salaries and benefits with the Secretary of State, the 7 Commission shall hold at least four meetings at various 8 locations throughout the State to receive public testimony 9 on the schedule. At the last public hearing before the 10 schedule is filed with the Secretary of State, the Commission 11 shall adopt the schedule as originally proposed or as 12 amended. All meetings of the Commission are subject to the 13 provisions of any open meeting laws made applicable 14 generally to other public bodies. 15 13. The Legislative Counsel Bureau shall include in 16 the Nevada Revised Statutes a copy of the most recent 17 schedule of salaries and benefits established by the 18 Commission and filed with the Secretary of State. 19 And be it further 20 RESOLVED, That Section 33 of Article 4 of the Nevada 21 Constitution be amended to read as follows: 22 Sec. 33. The members of the Legislature shall receive 23 for their services a compensation to be fixed by [law] the 24 Citizens’ Commission on Compensation for Certain Elected 25 Officers pursuant to Section 33A of this Article and paid out 26 of the public treasury, for [not to exceed 60 days] each 27 calendar day of service during any regular session of the 28 Legislature and [not to exceed 20 days] during any special 29 session [; but no increase of such compensation shall take 30 effect during the term for which the members of either house 31 shall have been elected; Provided, that an] . The Citizens’ 32 Commission on Compensation for Certain Elected Officers 33 may provide for the compensation of members of the 34 Legislature for the performance of duties as a member of 35 the Legislature outside of a regular or special session. An 36 appropriation may be made for the payment of such actual 37 expenses as members of the Legislature may incur for 38 postage, express charges, newspapers and stationery not 39 exceeding the sum of Sixty dollars for any general or special 40 session to each member; and Furthermore Provided, that the 41 Speaker of the Assembly, and Lieutenant Governor, as 42 President of the Senate, shall each, during the time of their 43 actual attendance as such presiding officers receive an 44 additional allowance of two dollars per diem. 45 – 5 – - *AJR7_R1* And be it further 1 RESOLVED, That Section 9 of Article 15 of the Nevada 2 Constitution is hereby repealed. 3 And be it further 4 RESOLVED, That this resolution becomes effective upon 5 passage. 6 TEXT OF REPEALED SECTION 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. H