Lawmakers take issue with Gibbons’ deadline

CARSON CITY -- Gov. Jim Gibbons set up another showdown with legislators Wednesday when he ordered them to adjourn the special session by 11:59 p.m. Sunday. If that doesn't happen, he will disband it himself.

The governor's order, however, runs contrary to what Legislative Counsel Brenda Erodes said on Monday. Erdoes said the state constitution gives governors sole authority to call the Legislature into special session but not to tell them when to go home.

"He cannot order us what to do," said Senate Majority Leader Steven Horsford, D-Las Vegas. "We aren't going home until we finish the business we need to do."

For Horsford, that means reducing the 10 percent cuts that Gibbons proposed for public and higher education, and saving the Nevada Equal Rights Commission and other programs the governor wanted to eliminate.

Assembly Majority Leader John Oceguera, D-Las Vegas, said lawmakers would like to finish earlier, but they have a job to do.

"The goal would be to get done prior to that (Sunday) date, but our legal counsel tells us we absolutely have the ability to say when we will adjourn."

But Gibbons' communications director Daniel Burns said a 2001 attorney general's opinion allows governors to decide when to adjourn special legislative sessions.

"If we don't tell them to adjourn, they will be here for two months," he added.

Burns then repeated what has become the administration's mantra: Each day the Legislature remains in session costs taxpayers $50,000 and means another state employee must be laid off.

The governor will not receive any legislation sent to his office after the deadline, he said, adding nothing can become law unless the governor officially receives it.

Five people in Gibbons' office have been authorized by the governor to receive bills and their authorizations expire with the Sunday night deadline, according to Burns.

Lorne Malkiewich, the Legislature's top administrator, said governors in recent years have set times when the Legislature should adjourn.

There hasn't been a legal challenge because, with one exception, they adjourned before the deadlines, according to Malkiewich.

Lawmakers missed an adjournment time set up by Gov. Kenny Guinn, but Guinn amended the deadline so legislators had time to finish.

Gibbons also set deadlines for the Legislature to adjourn during two special sessions in 2008 to reduce state spending, and no objections were raised by legislators.

The difference at those sessions was legislators and the governor had agreed in advance to budget reductions. There are wide disagreements this time over the $887 million spending cut plan proposed by the governor.

Erdoes also said that the governor, under the constitution, can set an adjournment date but only when the Assembly and Senate disagree on when to adjourn.