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74TH SESSION

2006-2007 ST.1718.L!
\Sfqpsu!Op/!85–33^!

To provide for and to amend the authority during interim periods for the
function of the government of the Associated Students.

IN THE ASUN SENATE


NOVEMBER 9, 2006
Mr. MCDONALD submitted the following resolution; which was referred to the
Committee on Rules and Actions

DECEMBER 1, 2006
Reported by the Committee on Rules and Actions with amendments
[Omit the parts struck through and insert the parts printed in italic]

SFTPMVUJPO!
To provide for and to amend the authority during interim
periods for the function of the government of the Associ-
ated Students.

1 Resolved,
2 SECTION 1. SHORT TITLE.

3 This Resolution may be cited as the “Interim Author-


4 ity Resolution of 2006”.
2

1 SEC. 2. FINDINGS.

2 (a) The Senate makes the following findings:


3 (1) The delegation of legislative authority of this
4 Government during the interim periods to the execu-
5 tive branch is an assault on democracy of the greatest
6 magnitude, which violates the doctrine of separation
7 of powers upon which this Government is predicated.
8 (2) The aforementioned delegation denies the
9 members of the Associated Students their right to
10 representation in a legislature by entirely abrogating
11 legislative authority.
12 (3) The currently existing authority for the
13 executive branch to have full authority to act during
14 the interim periods between semesters is open to the
15 potential for wide abuses of power.
16 SEC. 3. REPEAL OF AUTHORITY TO TAKE EMERGENCY

17 ACTION DURING SEMESTER INTERIMS.

18 (a) Section 310 of the ASUN Senate Statutes, the


19 authority to take emergency action during semester inter-
20 ims, is hereby repealed.
21 SEC. 4. ESTABLISHMENT OF INTERIM OPERATIONS COM-

22 MITTEE; PURPOSE; AUTHORITY.

23 (a) There is established an Interim Operations Com-


24 mittee. The Committee is composed of a number of sena-

•RS-0607-K RS
3

1 tors not to equal or exceed a majority of the full Senate:


2 Provided, That the number of senators from each Board
3 shall not exceed threefour: Provided further, That an effort is
4 made to have representation from each college.
5 (b) The purpose of the Committee is to provide for the
6 function of the Government of the Associated Students
7 during the breaks between semesters.
8 (c) The Speaker of the Senate shall appoint a chair-
9 man for a term effective for the interim period during
10 which the chairman will serve. The Committee shall elect a
11 vice chairman from among its members. The vice chairman
12 shall act as chairman in the absence or disability of the
13 chairman or in the event of a vacancy in such office.
14 (d) The Committee shall have the authority generally
15 to act in any manner that the full Senate is authorized to
16 act, except as otherwise provided herein.
17 (e) The Committee shall have the authority specifi-
18 cally—
19 (1) to approve the actions of the various boards;
20 (2) to accept the resignation of any officer or
21 senator and to declare the vacancy of such office; and
22 (3) to authorize the temporary appointment of
23 any official.

•RS-0607-K RS
4

1 (f) The Committee shall not have any authority except


2 as expressly provided herein.
3 SEC. 5. MEETINGS; QUORUM; VOTING REQUIREMENTS.

4 (a) AUTHORITY TO MEET.—The Committee shall have


5 the authority to meet and take action, only if the Senate is
6 in recess or adjournment, during—
7 (1) the summer break;
8 (2) the winter break; and
9 (3) the spring break.
10 (b) During the periods defined in subsection (a), the
11 Committee shall meet at the call of the chairman and only
12 when there is business before it.
13 (c) QUORUM.—The quorum of the Committee is two-
14 thirds of the membership.
15 (d) VOTING REQUIREMENTS.—A majority of the
16 members present, a quorum being present, is required for
17 the adoption of any action.
18 SEC. 6. SPECIAL OR PROGRAMMING FISCAL REQUESTS

19 HEARD BEFORE THE COMMITTEE; LIMITATION.

20 (a) The Committee shall not have the authority to


21 authorize the release of funds or approve special or pro-
22 gramming fiscal requests for a club or organization that—
23 (1) in the aggregate exceed 10 percent of the
24 anticipated budgetary revenue for the fiscal year; or

•RS-0607-K RS
5

1 (2) exceed $1,500.00.


2 SEC. 7. CAPITAL SPENDING REQUESTS.

3 (a) The Committee shall have the authority to approve


4 capital-spending requests that do not exceed $10,000.00:
5 Provided, That in the opinion of the Committee, the consid-
6 eration of such request cannot be delayed until such time
7 that the Senate can hear the request.
8 SEC. 8. BUDGETARY CONTROL.

9 (a) The Committee shall have the authority to author-


10 ize the amendment of any budget within the control of the
11 Government except if such amendment—
12 (1) creates additional spending authority; or
13 (2) rescinds spending authority.
14 SEC. 9. PROHIBITION OF CERTAIN LEGISLATIVE AUTHOR-

15 ITY.

16 (a) The Committee shall not have the authority to


17 consider and agree to, or pass, any legislation, including
18 enacting or amending statutes, endorsing resolutions,
19 making recommendations, or issuing directives, unless
20 specifically and explicitly granted that authority by the
21 Senate.
22 SEC. 10. PRESIDENTIAL APPOINTMENTS; CONFIRMATION.

23 (a) The President is authorized, subject to constitu-


24 tional limitations, to make any appointment to fill a va-

•RS-0607-K RS
6

1 cancy within the executive or the judiciary subject to the


2 confirmation of two-thirds of the membership of the Com-
3 mittee.
4 (b) Such appointment shall be valid until the Senate
5 reconvenes following its recess or adjournment.
6 SEC. 11. REFERRAL TO SENATE; LIMITATION.

7 (a) On a motion made and seconded to refer any


8 question to the Senate for consideration, debate on the
9 question shall cease and all papers and related documents
10 shall be forwarded to the Secretary of the Senate for con-
11 sideration by the Senate.
12 (b) Questions referred under the provisions of this
13 section shall be heard during the first Senate meeting
14 following the interim period during which the question was
15 referred.
16 (c) No question requiring the immediate attention and
17 consideration of the Committee, in the opinion of the
18 President, may be referred to the Senate under the provi-
19 sions of this section.
20 SEC. 12. CALL OF SPECIAL SESSIONS OF THE SENATE.

21 (a) The Committee, by majority vote, may direct the


22 Executive Council to call a special session of the Senate for
23 the consideration of such measures as it may deem expedi-
24 ent and proper.

•RS-0607-K RS
7

1 (b) The Committee, by a unanimous vote, may call the


2 Senate into special session for the consideration of such
3 measures as it may deem expedient and proper.
4 SEC. 13. PRESIDENTIAL VETO; OVERRIDE.

5 (a) The President may veto any action taken by the


6 Committee within 48 hours10 days of the adjournment of
7 the meeting during which the action was taken.
8 (b) The President must transmit written notice of the
9 veto to the chairman of the Committee.
10 (c) Any veto of the president under this section shall
11 have the same constitutional force and effect of a constitu-
12 tional veto, and is subject to constitutional provisions for
13 the override of a veto by the full Senate.
14 SEC. 14. VALIDITY AS ACTION OF GOVERNMENT.

15 (a) Any legal action taken by the Committee shall be


16 considered as an official and binding action of the Govern-
17 ment of the Associated Students.

•RS-0607-K RS
74TH SESSION
2006-2007 ST.1718.L!
\Sfqpsu!Op/!85–33^!

SFTPMVUJPO!
To provide for and to amend the authority during
interim periods for the function of the
government of the Associated Students.

DECEMBER 1, 2006
Reported with amendments
74TH SESSION
2006–2007 } ASUN SENATE { REPORT
74–22

TO PROVIDE FOR AND TO AMEND THE AUTHORITY DURING


INTERIM PERIODS FOR THE FUNCTION OF THE GOVERN-
MENT OF THE ASSOCIATED STUDENTS

DECEMBER 1, 2006.—Reported to the Senate and ordered printed

Mr. MCDONALD, from the Committee on Rules and Actions,


submitted the following

R E P O R T

[To accompany RS-0607-K]

The Committee on Rules and Actions, to whom was referred the


resolution (RS-0607-K) to provide for and to amend the authority dur-
ing interim periods for the function of the government of the Associ-
ated Students, having considered the same, by a nonrecord vote,
report favorably thereon with amendments and recommend that the
resolution as amended do pass.
PURPOSE AND SUMMARY
The resolution provides for and amends the authority during in-
terim periods for the function of the government of the Associated
Students.
Prior the 69th Session (2001-2002), the Senate Statutes contained
the provisions of Section 310, which is the emergency action during
semester interims provision. Because records dating further back
were not readily available, it is unknown when this provision was
made law. During the 69th Session, a constitutional amendment was
proposed to codify the provisions of the law in the Constitution (CA-
0102-C). The amendment was not agreed to by the students.
During the 70th Session, the amendment was placed before the
students again, and it again failed to reach the requisite vote to be-
come a part of the Constitution (CA-0203-B).
The law, as it exists now, allows the Executive Council, after a de-
termination of need by the President, to take action for the govern-
ment during the traditional summer and winter breaks. The Speaker
has absolute veto power.
2
There are several problems with this law. The delegation of legisla-
tive authority during interim periods violates the separation of pow-
ers doctrine. Under the Constitution, the Senate is created to be a
legislative body; the executive branch is to execute the laws of the
legislature. During the interim periods, the executive branch is essen-
tially given all legislative power. Because of this, the law is likely un-
constitutional.
The law is also open to wide abuses of power. Any action taken un-
der the law, so long as the Speaker votes in favor, is decided entirely
by executive officers. The Speaker is not acting as a legislator, but as
an executive. While the Speaker is not required by statute to consult
the Senate as to how to vote, she often does. If the Speaker is consult-
ing the Senate on how to vote, this may be in violation of the Open
Meeting Law.
The resolution proposes to allow the government to function during
the interim periods, but in a manner that is constitutionally accept-
able.
CONSTITUTIONAL AUTHORITY STATEMENT
The Committee finds that the Constitutional authority for this leg-
islation is provided in Article II, section 250, clause 1, which grants
the Senate the authority to enact and amend statutes; clause 2, which
grants the Senate the authority to endorse resolutions.
SECTION-BY-SECTION ANALYSIS OF THE LEGISLATION
Section 1. Short title
Section 1 establishes the short title of the resolution, the “Interim
Authority Resolution of 2006”.
Section 2. Findings
Section 2 makes several findings of the Senate.
Section 3. Repeal of authority to take emergency action during semes-
ter interims
Section 3 repeals Section 310 of the Senate Statutes, the authority
of the executive branch to take emergency action during semester
interims.
Section 4. Establishment of interim operations committee; purpose;
authority
Section 4(a) as reported establishes an Interim Operations Com-
mittee. The committee is composed of a number of senators not to
equal or exceed a majority of the full Senate, with no more than four
members belonging to one Board. An effort is to be made to have rep-
resentation from each college on the committee.
Section 4(b) states the committee’s purpose is to provide for the
function of the government during the breaks between semesters.
Section 4(c) gives the Speaker the power to appoint a chairman for
the interim term during which he will serve. The committee is to elect
a vice chairman.
3
Section 4(d) is given the general authority to act in any manner
that the full Senate is authorized to act, except as otherwise provided
by the resolution.
Section 4(e) gives the committee the specific authority to approve
the actions of the various boards; to accept the resignation of any offi-
cer or senator and to declare the vacancy of such office; and to author-
ize the temporary appointment of any official.
Section 4(f) denies the committee any authority that is not explic-
itly provided in the resolution.
Section 5. Meetings; quorum; voting requirements
Section 5(a) grants the committee the authority to meet during the
summer, winter and spring breaks.
Section 5(b) provides that the committee is to meet at the call of the
chairman and only when there is business before it.
Section 5(c) sets the quorum at two-thirds of the membership.
Section 5(d) requires that a majority of those present, a quorum be-
ing present, be in favor of any action for its adoption.
Section 6. Special or programming fiscal requests heard before the
committee; limitation
Section 6(a) limits the authority of the committee to approve fiscal
requests for clubs and organizations in two ways. First, no single re-
quest more than $1,500 may be approved. Second, no more than 10
percent of the budgetary allocation for that purpose may be spent.
Section 7. Capital spending requests
Section 7(a) limits the authority of the committee when approving
capital requests. No request totaling more than $10,000 may be ap-
proved. Spending may only be approved when the committee feels
that its consideration cannot be delayed until the Senate is back in
session.
Section 8. Budgetary control
Section 8(a) grants the committee the authority to authorize the
amendment of any budget within the control of the government
unless the amendment creates or rescinds spending authority.
Section 9. Prohibition of certain legislative authority
Section 9(a) prohibits the committee from considering and agreeing
to any legislation, unless the Senate specifically and explicitly grants
the committee that power.
Section 10. Presidential appointments; confirmation
Section 10 grants the President the authority to make temporary
appointments, subject to constitutional limitations, to fill a vacancy
within the executive or the judiciary. Two-thirds of the membership
of the committee is required to confirm the appointment. The ap-
pointment is valid until the Senate reconvenes following its recess or
adjournment.
4
Section 11. Referral to Senate; limitation
Section 11(a) allows any two members of the committee to refer a
question to the Senate for its consideration.
Section 11(b) requires that questions so referred are heard during
the Senate’s first meeting back from the interim period during which
the question was referred.
Section 11(c) prohibits the committee from referring questions if
the President determines that the committee’s immediate attention is
required.
Section 12. Call of special sessions of the Senate
Section 12(a) allows the committee, by majority vote, to direct the
Executive Council to call the Senate into special session.
Section 12(b) allows the committee, by unanimous vote, to call the
Senate into special session.
Section 13. Presidential veto; override
Section 13 states that the President may veto any action taken by
the committee within 10 days of the adjournment of the meeting dur-
ing which the action was taken. The President must transmit written
notice of his veto to the chairman of the committee. Any veto has the
same constitutional force and effect of a constitutional veto, and is
subject to constitutional provisions for the override by the Senate.
Section 14. Validity as action of government
Section 14 provides that any legal action taken by the committee
shall be considered as an official and binding action of the govern-
ment.
TEXT OF COMMITTEE AMENDMENTS
The Committee considered the following amendments and recom-
mends to the Senate that they be adopted.

Amendment No. 1.
On page 2, line 23, strike “three” and insert “four: Provided further,
That an effort is made to have representation from each college”.

Amendment No. 2
On page 6, line 22, strike “48 hours” and insert “10 days”.

74TH SESSION
2006-2007 ST.1718.U!
\Sfqpsu!Op/!85–43^!

To repeal Section 310 of the Senate Statutes.

IN THE ASUN SENATE


FEBRUARY 16, 2007
Mr. MCDONALD submitted the following resolution; which was referred to the
Committee on Rules and Actions

FEBRUARY 23, 2007


Reported by the Committee on Rules and Actions without amendment

SFTPMVUJPO!
To repeal Section 310 of the Senate Statutes.

1 Resolved, That Section 310 of the Senate Statutes, en-


2 titled “Emergency Actions During Semester Interims”, is
3 hereby repealed.
74TH SESSION
2006-2007 ST.1718.U!
\Sfqpsu!Op/!85–43^!

SFTPMVUJPO!
To repeal Section 310 of the Senate Statutes.

FEBRUARY 23, 2007


Reported without amendment
74TH SESSION
2006–2007 } ASUN SENATE { REPORT
74–32

TO REPEAL SECTION 310 OF THE SENATE STATUTES

FEBRUARY 23, 2007.—Reported to the Senate and ordered printed

Mr. MCDONALD, from the Committee on Rules and Actions,


submitted the following

R E P O R T

[To accompany RS-0607-T]

The Committee on Rules and Actions, having had under considera-


tion RS-0607-T, by a nonrecord vote, report the same to the Senate
with the recommendation that the resolution be passed.
PURPOSE AND SUMMARY
The resolution amends the Senate Statutes by repealing Section
310, entitled “Emergency Actions During Semester Interims”.
The Committee met on February 16 and 23 to consider the resolu-
tion. The Committee concluded that the authority contained in Sec-
tion 310 belongs properly with the Senate, both constitutionally and
under a doctrine of separated powers.
By repealing the statute, the Senate will need to meet during the
summer and winter interim periods in order to approve the actions
primarily the Programming Board, as is required under Section 260
of the ASUN Constitution.
Logistically speaking, the Senate should be able to meet at stated
times during the interim periods without much threat of failing to
make the required quorum of two-thirds of the membership, or 15
members with a full 22-member Senate. The Senate can attain quo-
rum through teleconference or videoconference link.
As a matter of culture, by requiring newly elected senators to meet
during the summer, senators will likely become more comfortable
with their new positions more quickly as they will be gaining experi-
ence during what has traditionally been a wasted summer session.
The Committee also considered adopting language similar to RS-
0607-K (Report No. 74–22, reported Dec. 1, 2006; recommitted Dec. 6,
2006), but concluded that the Senate’s duty in Section 260 of the Con-
2
stitution presents an insurmountable obstacle to legislating the issue
(absent amending the Constitution).
Section 260 of the Constitution requires that the Senate approve
the actions of the four constitutional boards. There is no constitu-
tional mechanism available to allow the Senate to transfer its consti-
tutional obligations to another entity. Therefore, that is why the
Committee came to the conclusion that the only acceptable way for
the government to function during the semester breaks is in the same
manner in which the government functions during the majority of the
year.
CONSTITUTIONAL AUTHORITY STATEMENT
The Committee finds that the Constitutional authority for this leg-
islation is provided in Article II, section 250, clause 1, which grants
the Senate the authority to enact and amend statutes; and clause 2,
which grants the Senate the authority to endorse resolutions.
CHANGES IN EXISTING SENATE STATUTES, AS REPORTED
As a courtesy, changes in the existing Senate Statutes made by the
resolution are shown as follows (existing statute proposed to be omit-
ted is struck through, new matter is printed in italic, existing statute
in which no change is proposed is shown in roman):

ASUN SENATE STATUTES

* * * * * * *
Section 310 EMERGENCY ACTION DURING SEMESTER
INTERIMS VACANT
310.1 The ASUN President shall determine if a situation
requiring emergency action exists.
310.2 Following determinations of need by the ASUN Presi-
dent, emergency actions may be taken upon approval
of at least three members of the ASUN Executive
Council, one of whom must be the Speaker of the Sen-
ate.
310.3 All interim emergency actions shall be considered offi-
cial ASUN actions.
310.4 The ASUN President shall give a report on all emer-
gency actions taken during each interim period at the
first regular Senate meeting following the interim.
310.5 For the purpose of this statute, interim periods will be
those periods between semesters.

74TH SESSION
2006-2007 ST.1718.U!
\Sfqpsu!Op/!85–43^!!
\Sfqpsu!Op/!85–51^!

To repeal Section 310 of the Senate Statutes.

IN THE ASUN SENATE


FEBRUARY 16, 2007
Mr. MCDONALD submitted the following resolution; which was referred to the
Committee on Rules and Actions

FEBRUARY 23, 2007


Reported by the Committee on Rules and Actions without amendment

FEBRUARY 28, 2007


Recommitted to the Committee on Rules and Actions

MARCH 30, 2007


Reported by the Committee on Rules and Actions with an amendment
[Strike out all after the resolving clause and insert the part printed in italic]
[For text of introduced resolution, see copy of resolution as introduced on February 16, 2007]

SFTPMVUJPO!
To repeal Section 310 of the Senate Statutes.

1 Resolved,
2

1 SECTION 1. SHORT TITLE.

2 This Resolution may be cited as the “Interim Authority


3 Resolution of 2007”.
4 SEC. 2. FINDINGS.

5 (a) The Senate makes the following findings:


6 (1) The delegation of legislative authority of this
7 Government during the interim periods to the executive
8 branch is an assault on democracy of the greatest mag-
9 nitude, which violates the doctrine of separation of pow-
10 ers upon which this Government is predicated.
11 (2) The aforementioned delegation denies the
12 members of the Associated Students their right to repre-
13 sentation in a legislature by entirely abrogating legisla-
14 tive authority.
15 (3) The currently existing authority for the execu-
16 tive branch to have full authority to act during the in-
17 terim periods between semesters is open to the potential
18 for wide abuses of power.
19 SEC. 3. DEFINITIONS.

20 (a) “Interim period” is defined as either the traditional


21 summer or winter break between the traditional semesters.
22 SEC. 4. ESTABLISHMENT OF INTERIM OPERATIONS COM-

23 MITTEE; PURPOSE; AUTHORITY.

24 (a) There is established an Interim Finance Committee.


25 The Committee is composed of a number of senators not to

•RS-0607-T RS2
3

1 equal or exceed a majority of the full Senate: Provided, That


2 the number of senators from each board shall not constitute a
3 majority of the Committee: Provided further, That an effort is
4 made to have representation from each college.
5 (b) The purpose of the Committee is to provide for the
6 function of the Government of the Associated Students dur-
7 ing times in which the Senate is not in session.
8 (c) The Speaker of the Senate shall appoint a chairman
9 for a term effective for the interim period during which the
10 chairman will serve. The Committee shall elect a vice chair-
11 man from among its members. The vice chairman shall act
12 as chairman in the absence or disability of the chairman or
13 in the event of a vacancy in such office.
14 (d) The Committee shall have the authority generally to
15 act in any manner that the full Senate is authorized to act,
16 except as otherwise provided herein.
17 (e) The Committee shall have the authority specifi-
18 cally—
19 (1) to approve the actions of the various boards;
20 (2) to accept the resignation of any officer or
21 senator and to declare the vacancy of such office; and
22 (3) to authorize the temporary appointment of any
23 official.
24 (f) The Committee shall not have any authority except
25 as expressly provided herein.

•RS-0607-T RS2
4

1 SEC. 5. MEETINGS; QUORUM; VOTING REQUIREMENTS.

2 (a) AUTHORITY TO MEET.—The Committee shall have


3 the authority to meet and take action, only if the Senate is in
4 recess or adjournment, during—
5 (1) the summer break; and
6 (2) the winter break.
7 (b) During the periods defined in subsection (a), the
8 Committee shall meet at the call of the chairman and only
9 when there is business before it.
10 (c) QUORUM.—The quorum of the Committee is two-
11 thirds of the membership.
12 (d) VOTING REQUIREMENTS.—A majority of the mem-
13 bers present, a quorum being present, is required for the
14 adoption of any action.
15 SEC. 6. SPECIAL OR PROGRAMMING FISCAL REQUESTS

16 HEARD BEFORE THE COMMITTEE; LIMITATION.

17 (a) The Committee shall not have the authority to


18 authorize the release of funds or approve special or pro-
19 gramming fiscal requests for a club or organization that—
20 (1) exceed $1,500.00; and
21 (2) in the aggregate exceed 10 percent of the antici-
22 pated budgetary revenue for the fiscal year.
23 SEC. 7. CAPITAL SPENDING REQUESTS.

24 (a) The Committee shall have the authority to approve


25 capital-spending requests on a single project that in the

•RS-0607-T RS2
5

1 aggregate do not exceed $10,000.00: Provided, That in the


2 opinion of the Committee, the consideration of such request
3 cannot be delayed until such time that the Senate can hear
4 the request.
5 SEC. 8. BUDGETARY CONTROL.

6 (a) The Committee shall have the authority to authorize


7 the amendment of any budget within the control of the Gov-
8 ernment except if such amendment—
9 (1) creates additional spending authority; or
10 (2) rescinds spending authority.
11 SEC. 9. PROHIBITION OF CERTAIN LEGISLATIVE AUTHOR-

12 ITY.

13 (a) The Committee shall not have the authority to


14 consider and agree to, or pass, any legislation, including
15 enacting or amending statutes, endorsing resolutions, mak-
16 ing recommendations, or issuing directives, unless specifi-
17 cally and explicitly granted that authority by the Senate.
18 SEC. 10. PRESIDENTIAL APPOINTMENTS; CONFIRMATION.

19 (a) The President is authorized, subject to constitu-


20 tional limitations, to make any appointment to fill a va-
21 cancy within the executive or the judiciary subject to the
22 confirmation of two-thirds of the membership of the Commit-
23 tee.
24 (b) Such appointment shall be valid until the Senate
25 reconvenes following its recess or adjournment.

•RS-0607-T RS2
6

1 SEC. 11. REFERRAL TO SENATE; LIMITATION.

2 (a) On a motion made and seconded to refer any ques-


3 tion to the Senate for consideration, debate on the question
4 shall cease and all papers and related documents shall be
5 forwarded to the Secretary of the Senate for consideration by
6 the Senate.
7 (b) Questions referred under the provisions of this
8 section shall be heard during the first Senate meeting follow-
9 ing the interim period during which the question was re-
10 ferred.
11 (c) No question requiring the immediate attention and
12 consideration of the Committee, in the opinion of the Presi-
13 dent, may be referred to the Senate under the provisions of
14 this section.
15 SEC. 12. MOTION TO CONVENE THE SENATE.

16 (a) The Committee, by majority vote, may direct the


17 Speaker of the Senate to convene Senate for the consideration
18 of such measures as it may deem expedient and proper.
19 SEC. 13. PRESIDENTIAL VETO; OVERRIDE.

20 (a) The President may veto any action taken by the


21 Committee within 10 days of the adjournment of the meeting
22 during which the action was taken.
23 (b) The President shall transmit written notice of the
24 veto to the chairman of the Committee.

•RS-0607-T RS2
7

1 (c) Any veto of the President under this section shall


2 have the same constitutional force and effect as a constitu-
3 tional veto, and is subject to constitutional provisions for the
4 override of a veto by the full Senate.
5 SEC. 14. VALIDITY AS ACTION OF GOVERNMENT.

6 (a) Any legal action taken by the Committee shall be


7 considered as an official and binding action of the Govern-
8 ment of the Associated Students.
9 SEC. 15. REPEAL OF AUTHORITY TO TAKE EMERGENCY

10 ACTION DURING SEMESTER INTERIMS.

11 (a) Section 310 of the ASUN Senate Statutes, entitled


12 “Emergency Action During Semester Interims”, is hereby
13 repealed.
Amend the title so as to read: “A resolution to estab-
lish a committee to provide for the function of the Govern-
ment of the Associated Students during semester
interims.”

•RS-0607-T RS2
74TH SESSION
2006-2007 ST.1718.U!
\Sfqpsu!Op/!85–51^!

SFTPMVUJPO!
To repeal Section 310 of the Senate Statutes.

FEBRUARY 23, 2007


Reported without amendment

FEBRUARY 23, 2007


Recommitted to the Committee on Rules and Actions

MARCH 30, 2007


Reported with an amendment
74TH SESSION
2006–2007 } ASUN SENATE { REPORT
74–40

TO REPEAL SECTION 310 OF THE SENATE STATUTES

MARCH 30, 2007.—Reported to the Senate and ordered printed

Mr. MCDONALD, from the Committee on Rules and Actions,


submitted the following

R E P O R T

[To accompany RS-0607-T]

The Committee on Rules and Actions, having had under reconsid-


eration RS-0607-T, by a nonrecord vote, report the same to the Senate
with the recommendation that the resolution be passed as amended.
PURPOSE AND SUMMARY
On February 28, 2007 the Senate considered the resolution. After
debate, the Senate ordered the resolution recommitted to the Com-
mittee on Rules and Actions with instructions to report back with
amendments to create a solution other than eliminating the authority
contained in Section 310 of the Senate Statutes.
The resolution provides for and amends the authority during in-
terim periods for the function of the government of the Associated
Students.
Prior the 69th Session (2001-2002), the Senate Statutes contained
the provisions of Section 310, which is the emergency action during
semester interims provision. Because records dating further back
were not readily available, it is unknown when this provision was
made law. During the 69th Session, a constitutional amendment was
proposed to codify the provisions of the law in the Constitution (CA-
0102-C). The amendment was not agreed to by the students.
During the 70th Session, the amendment was placed before the
students again, and it again failed to reach the requisite vote to be-
come a part of the Constitution (CA-0203-B).
The law, as it exists now, allows the Executive Council, after a de-
termination of need by the President, to take action for the govern-
ment during the traditional summer and winter breaks. The Speaker
has absolute veto power.
2
There are several problems with this law. The delegation of legisla-
tive authority during interim periods violates the separation of pow-
ers doctrine. Under the Constitution, the Senate is created to be a
legislative body; the executive branch is to execute the laws of the
legislature. During the interim periods, the executive branch is essen-
tially given all legislative power. Because of this, the law is likely un-
constitutional.
The law is also open to wide abuses of power. Any action taken un-
der the law, so long as the Speaker votes in favor, is decided entirely
by executive officers. The Speaker is not acting as a legislator, but as
an executive. While the Speaker is not required by statute to consult
the Senate as to how to vote, she often does. If the Speaker is consult-
ing the Senate on how to vote, this may be in violation of the Open
Meeting Law.
The resolution proposes to allow the government to function during
the interim periods, but in a manner that is more constitutionally
acceptable. On February 23, 2007, the Committee said in its report
(Report No. 74–32) as follows:
The Committee also considered adopting language similar
to RS-0607-K (Report No. 74–22, reported Dec. 1, 2006; re-
committed Dec. 6, 2006), but concluded that the Senate’s
duty in Section 260 of the Constitution presents an insur-
mountable obstacle to legislating the issue (absent amending
the Constitution).
Section 260 of the Constitution requires that the Senate
approve the actions of the four constitutional boards. There
is no constitutional mechanism available to allow the Senate
to transfer its constitutional obligations to another entity.
Therefore, that is why the Committee came to the conclusion
that the only acceptable way for the government to function
during the semester breaks is in the same manner in which
the government functions during the majority of the year.
With the students’ ratification of what amounts to a new constitu-
tion, the Committee now believes that the solution presented in the
Committee’s substitute presents an adequate solution notwithstand-
ing any constitutional considerations due to the fact the existing con-
stitution is scheduled to cease to have effect in June 2007.
Furthermore, under the Senate’s parliamentary authority the delega-
tion of power to a committee of the parent body that normally rests
with the parent is acceptable.
SECTION-BY-SECTION ANALYSIS OF THE LEGISLATION
Section 1. Short title
Section 1 establishes the short title of the resolution, the “Interim
Authority Resolution of 2007”.
Section 2. Findings
Section 2 makes several findings of the Senate. First, it is found to
be unacceptable to delegate legislative power to executives as it vio-
lates the separation of powers doctrine. Second, the delegation of
3
powers denies students their right to representation in the Senate by
abrogating legislative authority to the executive. Third, the current
practice is open to wide abuses of power.
Section 3. Definitions
Section 3 defines “interim period” to mean as either the traditional
summer or winter break between the traditional semesters.
Section 4. Establishment of interim operations committee; purpose;
authority
Section 4(a) as reported establishes an Interim Finance Committee.
The committee is composed of a number of senators not to equal or
exceed a majority of the full Senate, with no more than a majority
members belonging to any one board. An effort is to be made to have
representation from each college on the committee.
Section 4(b) states the committee’s purpose is to provide for the
function of the government during the breaks between semesters.
Section 4(c) gives the Speaker the power to appoint a chairman for
the interim term during which he will serve. The committee is to elect
a vice chairman.
Section 4(d) is given the general authority to act in any manner
that the full Senate is authorized to act, except as otherwise provided
by the resolution.
Section 4(e) gives the committee the specific authority to approve
the actions of the various boards; to accept the resignation of any offi-
cer or senator and to declare the vacancy of such office; and to author-
ize the temporary appointment of any official.
Section 4(f) denies the committee any authority that is not explic-
itly provided in the resolution.
Section 5. Meetings; quorum; voting requirements
Section 5(a) grants the committee the authority to meet during the
summer and winter breaks.
Section 5(b) provides that the committee is to meet at the call of the
chairman and only when there is business before it.
Section 5(c) sets the quorum at two-thirds of the membership.
Section 5(d) requires that a majority of those present, a quorum be-
ing present, be in favor of any action for its adoption.
Section 6. Special or programming fiscal requests heard before the
committee; limitation
Section 6(a) limits the authority of the committee to approve fiscal
requests for clubs and organizations in two ways. First, no single re-
quest more than $1,500 may be approved. Second, no more than 10
percent of the budgetary allocation for that purpose may be spent.
Section 7. Capital spending requests
Section 7(a) limits the authority of the committee when approving
capital requests. No request totaling more than $10,000 for a single
project may be approved. Spending may only be approved when the
committee feels that its consideration cannot be delayed until the
Senate is back in session.
4
Section 8. Budgetary control
Section 8(a) grants the committee the authority to authorize the
amendment of any budget within the control of the government
unless the amendment creates or rescinds spending authority.
Section 9. Prohibition of certain legislative authority
Section 9(a) prohibits the committee from considering and agreeing
to any legislation, unless the Senate specifically and explicitly grants
the committee that power.
Section 10. Presidential appointments; confirmation
Section 10 grants the President the authority to make temporary
appointments, subject to constitutional limitations, to fill a vacancy
within the executive or the judiciary. Two-thirds of the membership
of the committee is required to confirm the appointment. The ap-
pointment is valid until the Senate reconvenes following its recess or
adjournment.
Section 11. Referral to Senate; limitation
Section 11(a) allows any two members of the committee to refer a
question to the Senate for its consideration.
Section 11(b) requires that questions so referred are heard during
the Senate’s first meeting back from the interim period during which
the question was referred.
Section 11(c) prohibits the committee from referring questions if
the President determines that the committee’s immediate attention is
required.
Section 12. Motion to convene the Senate
Section 12 allows the committee to direct the Speaker to convene
the Senate for the consideration of such measures as the committee
deems expedient and proper.
Section 13. Presidential veto; override
Section 13 states that the President may veto any action taken by
the committee within 10 days of the adjournment of the meeting dur-
ing which the action was taken. The President must transmit written
notice of his veto to the chairman of the committee. Any veto has the
same constitutional force and effect of a constitutional veto, and is
subject to constitutional provisions for the override by the Senate.
Section 14. Validity as action of government
Section 14 provides that any legal action taken by the committee
shall be considered as an official and binding action of the govern-
ment.
Section 14. Repeal of authority to take emergency actions during se-
mester interims.
This section strikes Section 310 of the Senate Statutes. Function-
ally speaking, the provisions of this resolution, if adopted, will control
despite failing to codify the provision into statute.
5
CONSTITUTIONAL AUTHORITY STATEMENT
The Committee finds that the Constitutional authority for this leg-
islation is provided in Article II, section 250, clause 1, which grants
the Senate the authority to enact and amend statutes; and clause 2,
which grants the Senate the authority to endorse resolutions.
TEXT OF COMMITTEE SUBSTITUTE
The text of the Committee’s amendment in the nature of a substi-
tute is below.

Strike all after the resolving clause and insert the following:
SEC. 1. SECTION 1. SHORT TITLE.
(a) This Resolution may be cited as the “Interim Authority Resolution of 2007”.
SEC. 2. FINDINGS.
(a) The Senate makes the following findings:
(1) The delegation of legislative authority of this Government during the interim
periods to the executive branch is an assault on democracy of the greatest magni-
tude, which violates the doctrine of separation of powers upon which this Govern-
ment is predicated.
(2) The aforementioned delegation denies the members of the Associated Stu-
dents their right to representation in a legislature by entirely abrogating legisla-
tive authority.
(3) The currently existing authority for the executive branch to have full author-
ity to act during the interim periods between semesters is open to the potential for
wide abuses of power.
SEC. 3. DEFINITIONS.
(a) “Interim period” is defined as either the traditional summer or winter break be-
tween the traditional semesters.
SEC. 4. ESTABLISHMENT OF INTERIM OPERATIONS COMMITTEE; PURPOSE; AUTHORITY.
(a) There is established an Interim Finance Committee. The Committee is composed
of a number of senators not to equal or exceed a majority of the full Senate: Provided,
That the number of senators from each board shall not constitute a majority of the
Committee: Provided further, That an effort is made to have representation from each
college.
(b) The purpose of the Committee is to provide for the function of the Government of
the Associated Students during times in which the Senate is not in session.
(c) The Speaker of the Senate shall appoint a chairman for a term effective for the
interim period during which the chairman will serve. The Committee shall elect a vice
chairman from among its members. The vice chairman shall act as chairman in the
absence or disability of the chairman or in the event of a vacancy in such office.
(d) The Committee shall have the authority generally to act in any manner that the
full Senate is authorized to act, except as otherwise provided herein.
(e) The Committee shall have the authority specifically—
(1) to approve the actions of the various boards;
(2) to accept the resignation of any officer or senator and to declare the vacancy
of such office; and
(3) to authorize the temporary appointment of any official.
(f) The Committee shall not have any authority except as expressly provided herein.
SEC. 5. MEETINGS; QUORUM; VOTING REQUIREMENTS.
(a) AUTHORITY TO MEET.—The Committee shall have the authority to meet and take
action, only if the Senate is in recess or adjournment, during—
(1) the summer break; and
(2) the winter break.
(b) During the periods defined in subsection (a), the Committee shall meet at the call
of the chairman and only when there is business before it.
(c) QUORUM.—The quorum of the Committee is two-thirds of the membership.
(d) VOTING REQUIREMENTS.—A majority of the members present, a quorum being
present, is required for the adoption of any action.
6
SEC. 6. SPECIAL OR PROGRAMMING FISCAL REQUESTS HEARD BEFORE THE COMMITTEE; LIMI-
TATION.
(a) The Committee shall not have the authority to authorize the release of funds or
approve special or programming fiscal requests for a club or organization that—
(1) exceed $1,500.00; and
(2) in the aggregate exceed 10 percent of the anticipated budgetary revenue for
the fiscal year.
SEC. 7. CAPITAL SPENDING REQUESTS.
(a) The Committee shall have the authority to approve capital-spending requests on
a single project that in the aggregate do not exceed $10,000.00: Provided, That in the
opinion of the Committee, the consideration of such request cannot be delayed until
such time that the Senate can hear the request.
SEC. 8. BUDGETARY CONTROL.
(a) The Committee shall have the authority to authorize the amendment of any
budget within the control of the Government except if such amendment—
(1) creates additional spending authority; or
(2) rescinds spending authority.
SEC. 9. PROHIBITION OF CERTAIN LEGISLATIVE AUTHORITY.
(a) The Committee shall not have the authority to consider and agree to, or pass, any
legislation, including enacting or amending statutes, endorsing resolutions, making
recommendations, or issuing directives, unless specifically and explicitly granted that
authority by the Senate.
SEC. 10. PRESIDENTIAL APPOINTMENTS; CONFIRMATION.
(a) The President is authorized, subject to constitutional limitations, to make any
appointment to fill a vacancy within the executive or the judiciary subject to the con-
firmation of two-thirds of the membership of the Committee.
(b) Such appointment shall be valid until the Senate reconvenes following its recess
or adjournment.
SEC. 11. REFERRAL TO SENATE; LIMITATION.
(a) On a motion made and seconded to refer any question to the Senate for considera-
tion, debate on the question shall cease and all papers and related documents shall be
forwarded to the Secretary of the Senate for consideration by the Senate.
(b) Questions referred under the provisions of this section shall be heard during the
first Senate meeting following the interim period during which the question was re-
ferred.
(c) No question requiring the immediate attention and consideration of the Commit-
tee, in the opinion of the President, may be referred to the Senate under the provisions
of this section.
SEC. 12. MOTION TO CONVENE THE SENATE.
(a) The Committee, by majority vote, may direct the Speaker of the Senate to con-
vene Senate for the consideration of such measures as it may deem expedient and
proper.
SEC. 13. PRESIDENTIAL VETO; OVERRIDE.
(a) The President may veto any action taken by the Committee within 10 days of the
adjournment of the meeting during which the action was taken.
(b) The President shall transmit written notice of the veto to the chairman of the
Committee.
(c) Any veto of the President under this section shall have the same constitutional
force and effect as a constitutional veto, and is subject to constitutional provisions for
the override of a veto by the full Senate.
SEC. 14. VALIDITY AS ACTION OF GOVERNMENT.
(a) Any legal action taken by the Committee shall be considered as an official and
binding action of the Government of the Associated Students.
SEC. 15. REPEAL OF AUTHORITY TO TAKE EMERGENCY ACTION DURING SEMESTER INTERIMS.
(a) Section 310 of the ASUN Senate Statutes, entitled “Emergency Action During
Semester Interims”, is hereby repealed.

Amend the title so as to read: “To establish a legislative committee to provide for the
function of the Government of the Associated Students during semester interims.”.
7
CHANGES IN EXISTING SENATE STATUTES, AS REPORTED
As a courtesy, changes in the existing Senate Statutes made by the
resolution are shown as follows (existing statute proposed to be omit-
ted is struck through, new matter is printed in italic, existing statute
in which no change is proposed is shown in roman):

ASUN SENATE STATUTES

* * * * * * *
Section 310 EMERGENCY ACTION DURING SEMESTER
INTERIMS VACANT
310.1 The ASUN President shall determine if a situation
requiring emergency action exists.
310.2 Following determinations of need by the ASUN Presi-
dent, emergency actions may be taken upon approval
of at least three members of the ASUN Executive
Council, one of whom must be the Speaker of the Sen-
ate.
310.3 All interim emergency actions shall be considered offi-
cial ASUN actions.
310.4 The ASUN President shall give a report on all emer-
gency actions taken during each interim period at the
first regular Senate meeting following the interim.
310.5 For the purpose of this statute, interim periods will be
those periods between semesters.

RS-0607-20 Agreed to April 11, 2007

The Senate
of the
Associated Students
of the University of Nevada
AT THE SEVE NTY-F OURTH SE SSION

Begun and held at the City of Reno on Wednesday,


the twelfth day of April, two thousand and six

A Resolution
To establish a committee to provide for the function of the Government of the Associ-
ated Students during semester interims.

Resolved,
SECTION 1. SHORT TITLE.
(a) This Resolution may be cited as the “Interim Authority Reso-
lution of 2007”.
SEC. 2. FINDINGS.
(a) The Senate makes the following findings:
(1) The delegation of legislative authority of this Government
during the interim periods to the executive branch is an assault
on democracy of the greatest magnitude, which violates the doc-
trine of separation of powers upon which this Government is
predicated.
(2) The aforementioned delegation denies the members of the
Associated Students their right to representation in a legislature
by entirely abrogating legislative authority.
(3) The currently existing authority for the executive branch
to have full authority to act during the interim periods between
semesters is open to the potential for wide abuses of power.
SEC. 3. DEFINITIONS.
(a) “Interim period” is defined as either the traditional summer
or winter break between the traditional semesters.
SEC. 4. ESTABLISHMENT OF INTERIM OPERATIONS COMMITTEE; PUR-
POSE; AUTHORITY.
(a) There is established an Interim Finance Committee. The
Committee is composed of a number of senators not to equal or exceed
a majority of the full Senate: Provided, That the number of senators
from each board shall not constitute a majority of the Committee:
Provided further, That an effort is made to have representation from
each college.
(b) The purpose of the Committee is to provide for the function of
the Government of the Associated Students during times in which the
Senate is not in session.
RS-0607-20—2

(c) The Speaker of the Senate shall appoint a chairperson for a


term effective for the interim period during which the chairperson
will serve. The Committee shall elect a vice chairperson from among
its members. The vice chairperson shall act as chairperson in the ab-
sence or disability of the chairperson or in the event of a vacancy in
such office.
(d) The Committee shall have the authority generally to act in
any manner that the full Senate is authorized to act, except as other-
wise provided herein.
(e) The Committee shall have the authority specifically—
(1) to approve the actions of the various boards;
(2) to accept the resignation of any officer or senator and to
declare the vacancy of such office; and
(3) to authorize the temporary appointment of any official.
(f) The Committee shall not have any authority except as ex-
pressly provided herein.
SEC. 5. MEETINGS; QUORUM; VOTING REQUIREMENTS.
(a) AUTHORITY TO MEET.—The Committee shall have the author-
ity to meet and take action, only if the Senate is in recess or ad-
journment, during—
(1) the summer break; and
(2) the winter break.
(b) During the periods defined in subsection (a), the Committee
shall meet at the call of the chairperson and only when there is busi-
ness before it.
(c) QUORUM.—The quorum of the Committee is two-thirds of the
membership.
(d) VOTING REQUIREMENTS.—A majority of the members present,
a quorum being present, is required for the adoption of any action.
SEC. 6. SPECIAL OR PROGRAMMING FISCAL REQUESTS HEARD BEFORE
THE COMMITTEE; LIMITATION.
(a) The Committee shall not have the authority to authorize the
release of funds or approve special or programming fiscal requests for
a club or organization that—
(1) exceed $1,500.00; and
(2) in the aggregate exceed 10 percent of the anticipated
budgetary revenue for the fiscal year.
SEC. 7. CAPITAL SPENDING REQUESTS.
(a) The Committee shall have the authority to approve capital-
spending requests on a single project that in the aggregate do not ex-
ceed $10,000.00: Provided, That in the opinion of the Committee, the
consideration of such request cannot be delayed until such time that
the Senate can hear the request.
SEC. 8. BUDGETARY CONTROL.
(a) The Committee shall have the authority to authorize the
amendment of any budget within the control of the Government ex-
cept if such amendment—
(1) creates additional spending authority; or
(2) rescinds spending authority.
SEC. 9. PROHIBITION OF CERTAIN LEGISLATIVE AUTHORITY.
(a) The Committee shall not have the authority to consider and
agree to, or pass, any legislation, including enacting or amending
statutes, endorsing resolutions, making recommendations, or issuing
directives, unless specifically and explicitly granted that authority by
the Senate.
RS-0607-20—3

SEC. 10. PRESIDENTIAL APPOINTMENTS; CONFIRMATION.


(a) The President is authorized, subject to constitutional limita-
tions, to make any appointment to fill a vacancy within the executive
or the judiciary subject to the confirmation of two-thirds of the mem-
bership of the Committee.
(b) Such appointment shall be valid until the Senate reconvenes
following its recess or adjournment.
SEC. 11. REFERRAL TO SENATE; LIMITATION.
(a) On a motion made and seconded to refer any question to the
Senate for consideration, debate on the question shall cease and all
papers and related documents shall be forwarded to the Secretary of
the Senate for consideration by the Senate.
(b) Questions referred under the provisions of this section shall
be heard during the first Senate meeting following the interim period
during which the question was referred.
(c) No question requiring the immediate attention and considera-
tion of the Committee, in the opinion of the President, may be re-
ferred to the Senate under the provisions of this section.
SEC. 12. MOTION TO CONVENE THE SENATE.
(a) The Committee, by majority vote, may direct the Speaker of
the Senate to convene Senate for the consideration of such measures
as it may deem expedient and proper.
SEC. 13. PRESIDENTIAL VETO; OVERRIDE.
(a) The President may veto any action taken by the Committee
within 10 days of the adjournment of the meeting during which the
action was taken.
(b) The President shall transmit written notice of the veto to the
chairperson of the Committee.
(c) Any veto of the President under this section shall have the
same constitutional force and effect as a constitutional veto, and is
subject to constitutional provisions for the override of a veto by the
full Senate.
SEC. 14. VALIDITY AS ACTION OF GOVERNMENT.
(a) Any legal action taken by the Committee shall be considered
as an official and binding action of the Government of the Associated
Students.
SEC. 15. REPEAL OF AUTHORITY TO TAKE EMERGENCY ACTION DURING
SEMESTER INTERIMS.
(a) Section 310 of the ASUN Senate Statutes, entitled “Emer-
gency Action During Semester Interims”, is hereby repealed.

Speaker of the Senate.

President of the Associated Students.