A.J.R. 7 - *AJR7* ASSEMBLY JOINT RESOLUTION NO. 7–ASSEMBLYMEMBERS WATTS, MOSCA AND HIBBETTS PREFILED JANUARY 31, 2025 ____________ JOINT SPONSORS: SENATORS NGUYEN AND STONE ____________ 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 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 – 2 – - *AJR7* Sec. 33A. 1. The Legislature shall provide by law for 1 a Citizens’ Commission on Compensation for Certain 2 Elected Officers. 3 2. The Commission must consist of seven members 4 appointed by the Governor who have diverse personal and 5 professional interests and reside in various geographical 6 areas of this State, who must include: 7 (a) One member who has expertise in public 8 compensation and is recommended by the Public 9 Employees’ Retirement Board or its successor organization; 10 (b) One member who represents a nonprofit public 11 interest organization; 12 (c) One member who represents the general public; 13 (d) Two members who represent the interests of business 14 in this State; and 15 (e) Two members who have experience as officers or 16 members of a labor organization in this State and are 17 recommended by a labor organization in this State. 18 3. Each member of the Commission must be a resident 19 of this State and must not be a state officer, public employee 20 or lobbyist, or a parent, spouse, sibling, child or dependent 21 of a state officer, public employee or lobbyist. 22 4. Except as otherwise provided in this subsection, the 23 term of office of each member of the Commission is 4 years. 24 The Governor shall appoint three of the members first 25 appointed by him or her for initial terms of 2 years. If a 26 vacancy occurs, the Governor shall fill the vacancy for the 27 unexpired term in the same manner as the original 28 appointment within 30 days after the vacancy occurs. A 29 member of the Commission may not serve more than two 30 terms. 31 5. The Governor may remove a member of the 32 Commission only for cause of incapacity, incompetence, 33 neglect of duty, malfeasance in office or failure to meet a 34 qualification set forth in subsections 2 and 3. 35 6. The Commission shall elect a Chair from among its 36 members. Except as otherwise provided in this section, the 37 Commission shall adopt rules of procedure for the conduct 38 of its hearings and any other procedural rules it deems 39 necessary to carry out its duties. The affirmative vote of a 40 majority of all the members appointed to the Commission is 41 required to take action. 42 7. Members of the Commission are entitled to: 43 – 3 – - *AJR7* (a) The compensation provided by law for members of 1 the Commission on Judicial Discipline who are not judicial 2 officers; and 3 (b) The per diem allowance and travel expenses 4 provided by law for state officers and employees generally. 5 8. The Commission shall: 6 (a) Study the relationship of salaries and benefits to the 7 duties of the members of the Legislature, the Governor, 8 Lieutenant Governor, Secretary of State, State Treasurer, 9 State Controller and Attorney General; 10 (b) Compare the salaries and benefits of the elected 11 officers set forth in paragraph (a) to the salaries and 12 benefits of persons who are employed by a public or private 13 employer and who have similar qualifications and 14 responsibilities as those elected officers; 15 (c) Fix the salaries and benefits of the elected officers 16 set forth in paragraph (a); and 17 (d) Carry out any duties provided by law by the 18 Legislature. 19 9. Except for the initial schedule of salaries and 20 benefits for elected officers filed pursuant to subsection 10, 21 the Commission may not increase or decrease the salary of 22 any elected officer set forth in paragraph (a) of subsection 8 23 by more than 15 percent of the salary of that elected officer 24 provided in the immediately preceding schedule of salaries 25 for elected officers. The Commission may exercise any 26 powers conferred by the Legislature. 27 10. The Commission shall file its initial schedule of 28 salaries and benefits for elected officers with the Secretary 29 of State not later than January 1, 2029, and shall file a 30 schedule of salaries and benefits not later than January 1 of 31 each odd-numbered year thereafter. Each schedule of 32 salaries and benefits is effective: 33 (a) For members of the Legislature, for the period from 34 the first Monday of February immediately following the 35 January 1 that the schedule is due through the day before 36 the first Monday of February of the next odd-numbered 37 year; and 38 (b) For all other elected officers set forth in paragraph 39 (a) of subsection 8, for the period from July 1 immediately 40 following the January 1 that the schedule is due through 41 June 30 of the next odd-numbered year. 42 11. The Legislature shall provide by law for setting 43 apart from each year’s revenues a sufficient amount of 44 money to pay such salaries and benefits. 45 – 4 – - *AJR7* 12. Before the Commission may file a schedule of 1 salaries and benefits with the Secretary of State, the 2 Commission shall hold at least four meetings to receive 3 public testimony on the schedule. At the last public hearing 4 before the schedule is filed with the Secretary of State, the 5 Commission shall adopt the schedule as originally proposed 6 or as amended. All meetings of the Commission are subject 7 to the provisions of any open meeting laws made applicable 8 generally to other public bodies. 9 13. The Legislative Counsel Bureau shall include in 10 the Nevada Revised Statutes a copy of the most recent 11 schedule of salaries and benefits established by the 12 Commission and filed with the Secretary of State. 13 And be it further 14 RESOLVED, That Section 33 of Article 4 of the Nevada 15 Constitution be amended to read as follows: 16 Sec. 33. The members of the Legislature shall receive 17 for their services a compensation to be fixed by [law] the 18 Citizens’ Commission on Compensation for Certain Elected 19 Officers pursuant to Section 33A of this Article and paid out 20 of the public treasury, for [not to exceed 60 days] each 21 calendar day of service during any regular session of the 22 Legislature and [not to exceed 20 days] during any special 23 session [; but no increase of such compensation shall take 24 effect during the term for which the members of either house 25 shall have been elected; Provided, that an] . The Citizens’ 26 Commission on Compensation for Certain Elected Officers 27 may provide for the compensation of members of the 28 Legislature for the performance of duties as a member of 29 the Legislature outside of a regular or special session. An 30 appropriation may be made for the payment of such actual 31 expenses as members of the Legislature may incur for 32 postage, express charges, newspapers and stationery not 33 exceeding the sum of Sixty dollars for any general or special 34 session to each member; and Furthermore Provided, that the 35 Speaker of the Assembly, and Lieutenant Governor, as 36 President of the Senate, shall each, during the time of their 37 actual attendance as such presiding officers receive an 38 additional allowance of two dollars per diem. 39 And be it further 40 RESOLVED, That Section 9 of Article 15 of the Nevada 41 Constitution is hereby repealed. 42 And be it further 43 RESOLVED, That this resolution becomes effective upon 44 passage. 45 – 5 – - *AJR7* 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