A modicum of restraint
In 1998, Nevada voters overwhelmingly approved a constitutional provision capping regular biennial sessions of the Legislature at 120 days. There are exceptions for special sessions called by the governor.
“Any legislative action taken after midnight Pacific time at the end of the 120th consecutive calendar day of that session is void,” Article 1, Section 2 of the state constitution holds, “unless the legislative action is conducted during a special session.”
In reality, however, lawmakers have empanelled a number of interim legislative committees that meet year round, even setting policy and making budgetary decisions. How this squares with the state constitution remains a mystery —there has never been a definitive court ruling on the practice, which is constitutionally dubious, at best.
That’s why it was welcome news this week when the Legislature’s Interim Finance Committee showed a modicum of restraint by refusing to expand a state college savings program, which would have essentially made permanent an endeavor that has so far operated on a pilot basis.
“I’m thinking this needs to be fully vetted in the legislative session and not just us sitting here today,” said Assemblyman Michael Sprinkle, a Sparks Democrat who sits on the 22-member board.
The Nevada College Kick Start program — set up three years ago — is intended to encourage parents to open 529 plans, named for a section of the IRS code that offers preferential tax treatment for education accounts that allow families to accumulate savings for future college costs.
State Treasurer Dan Schwartz had asked Interim Finance to approve a $1.9 million allocation to continue the program for another year, plus an additional $600,000 to provide cash incentives designed to increase participation.
The committee opted against the latter.
“I’m a little concerned about making it permanent outside the full legislative session,” said Assemblywoman Maggie Carlton, a Las Vegas Democrat.
This is a sensible point. The full Assembly and Senate, sitting during scheduled sessions, should determine matters of public policy, not panels comprising a handful of lawmakers gathering outside the legally permitted window for legislative action.
The Kick Start program may be a wonderful endeavor that could help thousands of Nevada families afford college tuition for their children. But its ultimate fate should be debated when lawmakers reconvene in February of next year.
Now, about the legality of all those interim committees …