AJR3 - Revises provisions relating to the Legislature. (BDR C-21)

A.J.R. 3 - *AJR3* ASSEMBLY JOINT RESOLUTION NO. 3–ASSEMBLYMEMBER KASAMA PREFILED JANUARY 24, 2025 ____________ Referred to Committee on Legislative Operations and Elections SUMMARY—Revises provisions relating to the Legislature. (BDR C-21) FISCAL NOTE: Effect on Local Government: No. Effect on the State: Yes. ~ 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 make the Legislature subject to the same provisions of law that are enacted by the Legislature and relate to the inspection and copying of public books and records as any other governmental entity, to require Legislators to disclose certain information regarding entities that receive appropriations in bills, to require the Legislature to publish certain information relating to the personal interests of each Legislator and to make the Legislature subject to the same provisions of law that are enacted by the Legislature and relate to open meetings of public bodies. Legislative Counsel’s Digest: The Nevada Constitution gives exclusive power to each House of the 1 Legislature to determine the rules of its proceedings. (Nev. Const. Art. 4, § 6) 2 Under existing law, all public books and records of a governmental entity, the 3 contents of which are not otherwise declared by law to be confidential, must be 4 open at all times during office hours for inspection and copying by the public. 5 (NRS 239.010) This joint resolution proposes to amend the Nevada Constitution to 6 provide, with certain exceptions, that the Legislature and its members are subject to 7 the same provisions of law relating to public books and records. 8 This resolution requires: (1) each Legislator to disclose publicly any 9 relationship that the Legislator or a member of the Legislator’s immediate family 10 has with any entity that receives an appropriation included in a bill; and (2) the 11 Legislature to publish regularly a list of conflict disclosures that, for each 12 Legislator, identifies all personal interests of the Legislator that may result in a 13 conflict of interest. 14 Under existing law, the Open Meeting Law: (1) requires that meetings of public 15 bodies be open to the public, with limited exception; (2) sets forth certain 16 – 2 – - *AJR3* requirements for notice of such meetings; and (3) authorizes the Attorney General 17 to interpret and enforce the Open Meeting Law. This resolution makes the 18 Legislature and its members subject to Open Meeting Law. 19 RESOLVED BY THE ASSEMBLY AND SENATE OF THE STATE OF 1 NEVADA, JOINTLY, That a new section, designated Section 40, be 2 added to Article 4 of the Nevada Constitution to read as follows: 3 Sec. 40. 1. Except as otherwise provided in this 4 section: 5 (a) The Legislature and its members are subject to the 6 same provisions of law that are enacted by the Legislature 7 and relate to the inspection and copying of public books and 8 records as any other governmental entity; and 9 (b) The Legislature shall provide timely responses to any 10 request for the inspection and copying of a public book or 11 record to the press or any member of the public. 12 2. The following information and records are 13 confidential and not subject to inspection or copying: 14 (a) Personnel files; 15 (b) Files relating to: 16 (1) Legislative audits; 17 (2) Requests for research performed by legislative 18 staff; and 19 (3) Requests for drafting legislation or administrative 20 regulations; 21 (c) Records pertaining to litigation to which the 22 Legislature is a party; 23 (d) Information relating to the security and safety of the 24 legislative buildings, grounds or any other legislative 25 property; and 26 (e) Records or information, the disclosure of which is 27 exempted or prohibited pursuant to federal or state law. 28 And be it further 29 RESOLVED, That a new section, designated Section 41, be added 30 to Article 4 of the Nevada Constitution to read as follows: 31 Sec. 41. 1. Each Legislator shall disclose publicly 32 any relationship that the Legislator or a member of the 33 Legislator’s immediate family has with any entity that 34 receives an appropriation included in a bill. The 35 information required to be disclosed by a Legislator 36 pursuant to this section includes, without limitation, 37 information relating to employment, contracts, board 38 affiliation and any other direct relationship between an 39 entity and the Legislator or a member of the Legislator’s 40 immediate family. 41 – 3 – - *AJR3* 2. The Legislature shall publish regularly a list of 1 conflict disclosures that, for each Legislator, identifies all 2 personal interests of the Legislator that may result in a 3 conflict of interest. 4 And be it further 5 RESOLVED, That Section 6 of Article 4 of the Nevada 6 Constitution be amended to read as follows: 7 [Sec:] Sec. 6. [Each] Except as otherwise provided in this 8 Constitution, each House shall judge of the qualifications, 9 elections and returns of its own members, choose its own 10 officers (except the President of the Senate), determine the 11 rules of its proceedings and may punish its members for 12 disorderly conduct, and with the concurrence of two thirds of 13 all the members elected, expel a member. 14 And be it further 15 RESOLVED, That Section 15 of Article 4 of the Nevada 16 Constitution be amended to read as follows: 17 Sec. 15. 1. The doors of each House shall be kept open 18 during its session, and neither shall, without the consent of 19 the other, adjourn for more than three days nor to any other 20 place than that in which they may be holding their sessions. 21 2. The meetings of all legislative committees must be 22 open to the public, except meetings held to consider the 23 character, alleged misconduct, professional competence, or 24 physical or mental health of a person. 25 3. The Legislature and its members are subject to the 26 same provisions of law that are enacted by the Legislature 27 and relate to open meetings of public bodies. 28 And be it further 29 RESOLVED, That this resolution becomes effective upon 30 passage. 31 H