SJR5 - Proposes to amend the Nevada Constitution to enact various government reforms. (BDR C-223)

S.J.R. 5 - *SJR5* SENATE JOINT RESOLUTION NO. 5–SENATOR STONE PREFILED JANUARY 29, 2025 ____________ Referred to Committee on Legislative Operations and Elections SUMMARY—Proposes to amend the Nevada Constitution to enact various government reforms. (BDR C-223) 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. SENATE JOINT RESOLUTION—Proposing to amend the Nevada Constitution to enact various government reforms. 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 The Nevada Constitution imposes various procedural requirements relating to 9 the passage of bills and joint resolutions by the Legislature. (See, e.g., Nev. Const. 10 Art. 4, § 18, Art. 11, § 6) This joint resolution proposes to amend the Nevada 11 Constitution to prohibit a vote on a bill or joint resolution until after the bill or joint 12 resolution has been made available to the public, including, without limitation, by 13 posting on the Internet website of the Legislature, for at least 72 hours after its first 14 reading in the House of its origin. 15 This joint resolution creates in the Executive Branch and sets forth the 16 membership of the Political Practices Enforcement Commission. This joint 17 resolution further gives the Commission the duty to: (1) interpret and enforce 18 provisions of law relating to campaign finance, the activities of lobbyists, conflicts 19 of interest of public officers, financial disclosure statements required of public 20 officers and ethics in government; (2) maintain databases of reports that are 21 available to the public relating to campaign finance, the activities of lobbyists, 22 conflicts of interest of public officers, financial disclosure statements required of 23 public officers and ethics in government; (3) provide training and advisory opinions 24 to candidates and public officers relating to campaign finance, the activities of 25 lobbyists, conflicts of interest of public officers, financial disclosure statements 26 required of public officers and ethics in government; and (4) perform any other 27 power or duty granted to the Commission by law. This joint resolution further: (1) 28 – 2 – - *SJR5* authorizes the Commission to adopt regulations to carry out the provisions of law 29 relating to campaign finance, the activities of lobbyists, conflicts of interest of 30 public officers, financial disclosure statements required of public officers and ethics 31 in government; (2) authorizes the Commission to investigate any violation of law 32 relating to campaign finance, the activities of lobbyists, conflicts of interest of 33 public officers, financial disclosure statements required of public officers and ethics 34 in government; (3) subjects members of the Legislature to the legal authority and 35 jurisdiction of the Commission the same as any other elected public officer; (4) 36 requires that any criminal, civil or administrative fine imposed pursuant to the 37 provisions of law relating to campaign finance, the activities of lobbyists, conflicts 38 of interest of public officers, financial disclosure statements required of public 39 officers and ethics in government be used to fund the duties and activities of the 40 Commission; and (5) requires the Legislature to provide by law for the Commission 41 to have authority to discipline a candidate, lobbyist or public officer for a violation 42 of provisions of law relating to campaign finance, the activities of lobbyists, 43 conflicts of interest of public officers, financial disclosure statements required of 44 public officers and ethics in government. 45 RESOLVED BY THE SENATE AND ASSEMBLY 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, the Legislature and its members are subject to the 5 same provisions of law that are enacted by the Legislature 6 and relate to the inspection and copying of public books and 7 records as any other governmental entity. 8 2. The following information and records are 9 confidential and not subject to inspection or copying: 10 (a) Personnel files; 11 (b) Files relating to: 12 (1) Legislative audits; 13 (2) Requests for research performed by legislative 14 staff; and 15 (3) Requests for drafting legislation or administrative 16 regulations; 17 (c) Records pertaining to litigation to which the 18 Legislature is a party; 19 (d) Information relating to the security and safety of the 20 legislative buildings, grounds or any other legislative 21 property; and 22 (e) Records or information, the disclosure of which is 23 exempted or prohibited pursuant to federal or state law. 24 And be it further 25 RESOLVED, That Section 6 of Article 4 of the Nevada 26 Constitution be amended to read as follows: 27 [Sec:] Sec. 6. [Each] Except as otherwise permitted in this 28 Constitution, each House shall judge of the qualifications, 29 – 3 – - *SJR5* elections and returns of its own members, choose its own 1 officers (except the President of the Senate), determine the 2 rules of its proceedings and may punish its members for 3 disorderly conduct, and with the concurrence of two thirds of 4 all the members elected, expel a member. 5 And be it further 6 RESOLVED, That Section 18 of Article 4 of the Nevada 7 Constitution be amended to read as follows: 8 Sec. 18. 1. No vote may be taken on a bill or joint 9 resolution until the bill or joint resolution has been made 10 available to the public, including, without limitation, by 11 posting on the Internet website of the Legislature, for at 12 least 72 hours after its first reading in the House of its 13 origin. This requirement must not be waived by rule or 14 other action of the Legislature as a whole or either House. 15 2. Every bill, except a bill placed on a consent calendar 16 adopted as provided in subsection [4,] 6, must be read by 17 sections on three several days, in each House, unless in case 18 of emergency, two thirds of the House where such bill is 19 pending shall deem it expedient to dispense with this rule. 20 The reading of a bill by sections, on its final passage, shall in 21 no case be dispensed with, and the vote on the final passage 22 of every bill or joint resolution shall be taken by yeas and 23 nays to be entered on the journals of each House. 24 3. Except as otherwise provided in subsection [2,] 4, a 25 majority of all the members elected to each House is 26 necessary to pass every bill or joint resolution, and all bills or 27 joint resolutions so passed, shall be signed by the presiding 28 officers of the respective Houses and by the Secretary of the 29 Senate and Clerk of the Assembly. 30 [2.] 4. Except as otherwise provided in subsection [3,] 31 5, an affirmative vote of not fewer than two-thirds of the 32 members elected to each House is necessary to pass a bill or 33 joint resolution which creates, generates, or increases any 34 public revenue in any form, including but not limited to taxes, 35 fees, assessments and rates, or changes in the computation 36 bases for taxes, fees, assessments and rates. 37 [3.] 5. A majority of all of the members elected to each 38 House may refer any measure which creates, generates, or 39 increases any revenue in any form to the people of the State at 40 the next general election, and shall become effective and 41 enforced only if it has been approved by a majority of the 42 votes cast on the measure at such election. 43 – 4 – - *SJR5* [4.] 6. Each House may provide by rule for the creation 1 of a consent calendar and establish the procedure for the 2 passage of uncontested bills. 3 And be it further 4 RESOLVED, That a new section, designated Section 23, be added 5 to Article 5 of the Nevada Constitution to read as follows: 6 Sec. 23. 1. The Political Practices Enforcement 7 Commission is hereby created in the Executive Branch, 8 consisting of five members. 9 2. The members of the Commission must be appointed 10 as follows: 11 (a) One member appointed by the Governor. 12 (b) One member appointed by the Lieutenant Governor. 13 (c) One member appointed by the Attorney General. 14 (d) One member appointed by the Secretary of State. 15 (e) One member appointed by the State Controller. 16 3. Each member of the Commission must be a qualified 17 elector. While serving on the Commission, a member of the 18 Commission shall not do any of the following: 19 (a) Hold any other public office or position in public 20 employment. 21 (b) Be actively involved in the work of or contribute to 22 any political party or political campaign. 23 (c) Be employed as a lobbyist. 24 (d) Become a candidate to any elected office. 25 4. The term of a member of the Commission is 4 years. 26 5. Any vacancy in membership of the Commission 27 must be filled by appointment for the remainder of the 28 unexpired term within 30 days after the vacancy by the same 29 constitutional officer who made the initial appointment. 30 6. A member of the Commission may only be removed 31 by the constitutional officer who appointed the member, 32 after written notice and an opportunity for reply, for a 33 violation of subsection 3 or misfeasance, malfeasance or 34 nonfeasance. 35 7. Meetings of the Commission shall be open and 36 public. Members of the Commission are entitled to receive 37 the per diem allowance and travel expenses provided for 38 state officers and employees generally. 39 8. Within the limits of legislative appropriations and 40 any other money available for such purpose, the 41 Commission may employ staff to assist the Commission in 42 carrying out its duties. 43 And be it further 44 – 5 – - *SJR5* RESOLVED, That a new section, designated Section 24, be added 1 to Article 5 of the Nevada Constitution to read as follows: 2 Sec. 24. 1. The Political Practices Enforcement 3 Commission created pursuant to section 23 of this Article 4 has the following duties: 5 (a) Interpret and enforce provisions of law relating to 6 campaign finance, the activities of lobbyists, conflicts of 7 interest of public officers, financial disclosure statements 8 required of public officers and ethics in government. 9 (b) Provide training, guidance and advisory opinions to 10 candidates and public officers relating to campaign finance, 11 the activities of lobbyists, conflicts of interest of public 12 officers, financial disclosure statements required of public 13 officers and ethics in government. 14 (c) Maintain databases of reports that are available to 15 the public relating to campaign finance, the activities of 16 lobbyists, conflicts of interest of public officers, financial 17 disclosure statements required of public officers and ethics 18 in government. 19 (d) Any other power or duty granted to the Commission 20 by law. 21 2. In addition to the duties set forth in subsection 1, the 22 Commission may, on its own motion or upon receipt of any 23 complaint, investigate any violation of law relating to 24 campaign finance, the activities of lobbyists, conflicts of 25 interest of public officers, financial disclosure statements 26 required of public officers and ethics in government. 27 3. The Commission may adopt any regulation 28 necessary to carry out the provisions of law relating to 29 campaign finance, the activities of lobbyists, conflicts of 30 interest of public officers, financial disclosure statements 31 required of public officers and ethics in government. Any 32 regulation adopted by the Commission is subject to the same 33 provisions of law enacted by the Legislature pursuant to 34 subsection 2 of Section 1 of Article 3 of this Constitution. 35 4. Members of the Legislature are subject to the same 36 legal authority and jurisdiction of the Commission as any 37 other elected public officer. 38 5. Any criminal, civil or administrative fine imposed 39 pursuant to the provisions of law relating to campaign 40 finance, the activities of lobbyists, conflicts of interest of 41 public officers, financial disclosure statements required of 42 public officers and ethics in government must be used to 43 fund the duties and activities of the Commission. 44 – 6 – - *SJR5* 6. Except as otherwise limited by a provision of this 1 Constitution, the Legislature shall provide by law that the 2 Commission may impose discipline, including, without 3 limitation, an administrative fine or the removal of a public 4 officer from office, against a candidate, lobbyist or public 5 officer for a violation of provisions of law relating to 6 campaign finance, the activities of lobbyists, conflicts of 7 interest of public officers, financial disclosure statements 8 required of public officers and ethics in government. 9 And be it further 10 RESOLVED, That Section 3 of Article 11 of the Nevada 11 Constitution be amended to read as follows: 12 Sec. 3. All lands granted by Congress to this state for 13 educational purposes, all estates that escheat to the state, all 14 property given or bequeathed to the state for educational 15 purposes, and the proceeds derived from these sources, 16 together with that percentage of the proceeds from the sale of 17 federal lands which has been granted by Congress to this state 18 without restriction or for educational purposes and , except as 19 otherwise provided in this Constitution, all fines collected 20 under the penal laws of the state are hereby pledged for 21 educational purposes and the money therefrom must not be 22 transferred to other funds for other uses. The interest [Text truncated for display. Full text available on LegiScan.]