SESSIONS

     Section 10.  The legislature shall convene annually in regular session at 10:00 o'clock a.m. on the third Wednesday in January.

     At the written request of two-thirds of the members to which each house is entitled, the presiding officers of both houses shall convene the legislature in special session.  At the written request of two-thirds of the members of the senate, the president of the senate shall convene the senate in special session for the purpose of carrying out its responsibility established by Section 3 of Article VI.  The governor may convene both houses or the senate alone in special session.

     Regular sessions shall be limited to a period of sixty days, and special sessions shall be limited to a period of thirty days.  Any session may be extended a total of not more than fifteen days.  Such extension shall be granted by the presiding officers of both houses at the written request of two-thirds of the members to which each house is entitled or may be granted by the governor.

     Each regular session shall be recessed for not less than five days at some period between the twentieth and fortieth days of the regular session.  The legislature shall determine the dates of the mandatory recess by concurrent resolution.  Any session may be recessed by concurrent resolution adopted by a majority of the members to which each house is entitled.  Saturdays, Sundays, holidays, the days in mandatory recess and any days in recess pursuant to a concurrent resolution shall be excluded in computing the number of days of any session.

     All sessions shall be held in the capital of the State.  In case the capital shall be unsafe, the governor may direct that any session be held at some other place. [Am Const Con 1968 and election Nov 5, 1968; ren and am Const Con 1978 and election Nov 7, 1978; am SB 1973 (1980) and election Nov 4, 1980]

Cross References

  Applicability of open meeting requirements, see §92-10.

  Capital, see Art. XV, §2.

  Holidays, see §§8-1 and 2.

Attorney General Opinions

  Urgency measure.  Matters foreign to urgency statement cannot be inserted in bill.  Att. Gen. Op. 62-17.

  Statement of urgency relating to pay raises for public officers and employees held sufficient.  Att. Gen. Op. 62-19.

  When national holiday falls on Saturday, the Saturday and the preceding Friday are considered holidays and are excluded in computing the number of days in a session.  Att. Gen. Op. 64-1.

  Bills to change fees payable to state agencies held to be revenue bills.  Att. Gen. Op. 64-8.

  Bills affecting the distribution of a portion of the general excise tax, consumption tax, compensating tax to the counties and thereby increasing the revenues to the State held to be revenue bills.  Att. Gen. Op. 64-10.

  No prohibition against the legislature passing an appropriation bill in which the proposed expenditures may exceed the anticipated state revenues.  Att. Gen. Op. 64-16.

  A special session may not run concurrently with a budget session; although it may run during a period of recess or adjournment.  Att. Gen. Op. 64-17.

  The provisions of this section apply only when the legislature acts as a whole or when the senate is acting on judicial nominations, and do not limit the prerogatives conferred upon each house by article III, §12 to choose its officers or amend its rules.  Att. Gen. Op. 05-1.

Case Notes

  The proposal of the 1978 Constitutional Convention amending the fourth paragraph of the section to read as set forth above was validly ratified.  60 H. 324, 590 P.2d 543.