SJR 5

                                                                                                          S.J.R. 5
              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.
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   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:
1     The Nevada Constitution gives exclusive power to each House of the
2 Legislature to determine the rules of its proceedings. (Nev. Const. Art. 4, § 6)
3 Under existing law, all public books and records of a governmental entity, the
4 contents of which are not otherwise declared by law to be confidential, must be
5 open at all times during office hours for inspection and copying by the public.
6 (NRS 239.010) This joint resolution proposes to amend the Nevada Constitution to
7 provide, with certain exceptions, that the Legislature and its members are subject to
8 the same provisions of law relating to public books and records.
9     The Nevada Constitution imposes various procedural requirements relating to
10 the passage of bills and joint resolutions by the Legislature. (See, e.g., Nev. Const.
11 Art. 4, § 18, Art. 11, § 6) This joint resolution proposes to amend the Nevada
12 Constitution to prohibit a vote on a bill or joint resolution until after the bill or joint
13 resolution has been made available to the public, including, without limitation, by
14 posting on the Internet website of the Legislature, for at least 72 hours after its first
15 reading in the House of its origin.
16     This joint resolution creates in the Executive Branch and sets forth the
17 membership of the Political Practices Enforcement Commission. This joint
18 resolution further gives the Commission the duty to: (1) interpret and enforce
19 provisions of law relating to campaign finance, the activities of lobbyists, conflicts
20 of interest of public officers, financial disclosure statements required of public
21 officers and ethics in government; (2) maintain databases of reports that are
22 available to the public relating to campaign finance, the activities of lobbyists,
23 conflicts of interest of public officers, financial disclosure statements required of
24 public officers and ethics in government; (3) provide training and advisory opinions
25 to candidates and public officers relating to campaign finance, the activities of
26 lobbyists, conflicts of interest of public officers, financial disclosure statements
27 required of public officers and ethics in government; and (4) perform any other
28 power or duty granted to the Commission by law. This joint resolution further: (1)
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29 authorizes the Commission to adopt regulations to carry out the provisions of law
30 relating to campaign finance, the activities of lobbyists, conflicts of interest of
31 public officers, financial disclosure statements required of public officers and ethics
32 in government; (2) authorizes the Commission to investigate any violation of law
33 relating to campaign finance, the activities of lobbyists, conflicts of interest of
34 public officers, financial disclosure statements required of public officers and ethics
35 in government; (3) subjects members of the Legislature to the legal authority and
36 jurisdiction of the Commission the same as any other elected public officer; (4)
37 requires that any criminal, civil or administrative fine imposed pursuant to the
38 provisions of law relating to campaign finance, the activities of lobbyists, conflicts
39 of interest of public officers, financial disclosure statements required of public
40 officers and ethics in government be used to fund the duties and activities of the
41 Commission; and (5) requires the Legislature to provide by law for the Commission
42 to have authority to discipline a candidate, lobbyist or public officer for a violation
43 of provisions of law relating to campaign finance, the activities of lobbyists,
44 conflicts of interest of public officers, financial disclosure statements required of
45 public officers and ethics in government.
1    RESOLVED BY THE SENATE AND ASSEMBLY OF THE STATE OF
2 NEVADA, JOINTLY, That a new section, designated Section 40, be
3 added to Article 4 of the Nevada Constitution to read as follows:
4Sec. 40. 1. Except as otherwise provided in this
5section, the Legislature and its members are subject to the
6same provisions of law that are enacted by the Legislature
7and relate to the inspection and copying of public books and
8records as any other governmental entity.
92. The following information and records are
10confidential and not subject to inspection or copying:
11(a) Personnel files;
12(b) Files relating to:
13(1) Legislative audits;
14(2) Requests for research performed by legislative
15staff; and
16(3) Requests for drafting legislation or administrative
17regulations;
18(c) Records pertaining to litigation to which the
19Legislature is a party;
20(d) Information relating to the security and safety of the
21legislative buildings, grounds or any other legislative
22property; and
23(e) Records or information, the disclosure of which is
24exempted or prohibited pursuant to federal or state law.
25 And be it further
26    RESOLVED, That Section 6 of Article 4 of the Nevada
27 Constitution be amended to read as follows:
28[Sec:] Sec. 6. [Each] Except as otherwise permitted in this
29Constitution, each House shall judge of the qualifications,
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1elections and returns of its own members, choose its own
2officers (except the President of the Senate), determine the
3rules of its proceedings and may punish its members for
4disorderly conduct, and with the concurrence of two thirds of
5all the members elected, expel a member.
6 And be it further
7   RESOLVED, That Section 18 of Article 4 of the Nevada
8 Constitution be amended to read as follows:
9Sec. 18. 1. No vote may be taken on a bill or joint
10resolution until the bill or joint resolution has been made
11available to the public, including, without limitation, by
12posting on the Internet website of the Legislature, for at
13least 72 hours after its first reading in the House of its
14origin. This requirement must not be waived by rule or
15other action of the Legislature as a whole or either House.
162. Every bill, except a bill placed on a consent calendar
17adopted as provided in subsection [4,] 6, must be read by
18sections on three several days, in each House, unless in case
19of emergency, two thirds of the House where such bill is
20pending shall deem it expedient to dispense with this rule.
21The reading of a bill by sections, on its final passage, shall in
22no case be dispensed with, and the vote on the final passage
23of every bill or joint resolution shall be taken by yeas and
24nays to be entered on the journals of each House.
253. Except as otherwise provided in subsection [2,] 4, a
26majority of all the members elected to each House is
27necessary to pass every bill or joint resolution, and all bills or
28joint resolutions so passed, shall be signed by the presiding
29officers of the respective Houses and by the Secretary of the
30Senate and Clerk of the Assembly.
31[2.] 4. Except as otherwise provided in subsection [3,]
325, an affirmative vote of not fewer than two-thirds of the
33members elected to each House is necessary to pass a bill or
34joint resolution which creates, generates, or increases any
35public revenue in any form, including but not limited to taxes,
36fees, assessments and rates, or changes in the computation
37bases for taxes, fees, assessments and rates.
38[3.] 5. A majority of all of the members elected to each
39House may refer any measure which creates, generates, or
40increases any revenue in any form to the people of the State at
41the next general election, and shall become effective and
42enforced only if it has been approved by a majority of the
43votes cast on the measure at such election.
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1[4.] 6. Each House may provide by rule for the creation
2of a consent calendar and establish the procedure for the
3passage of uncontested bills.
4 And be it further
5    RESOLVED, That a new section, designated Section 23, be added
6 to Article 5 of the Nevada Constitution to read as follows:
7Sec. 23. 1. The Political Practices Enforcement
8Commission is hereby created in the Executive Branch,
9consisting of five members.
102. The members of the Commission must be appointed
11as follows:
12(a) One member appointed by the Governor.
13(b) One member appointed by the Lieutenant Governor.
14(c) One member appointed by the Attorney General.
15(d) One member appointed by the Secretary of State.
16(e) One member appointed by the State Controller.
173. Each member of the Commission must be a qualified
18elector. While serving on the Commission, a member of the
19Commission shall not do any of the following:
20(a) Hold any other public office or position in public
21employment.
22(b) Be actively involved in the work of or contribute to
23any political party or political campaign.
24(c) Be employed as a lobbyist.
25(d) Become a candidate to any elected office.
264. The term of a member of the Commission is 4 years.
275. Any vacancy in membership of the Commission
28must be filled by appointment for the remainder of the
29unexpired term within 30 days after the vacancy by the same
30constitutional officer who made the initial appointment.
316. A member of the Commission may only be removed
32by the constitutional officer who appointed the member,
33after written notice and an opportunity for reply, for a
34violation of subsection 3 or misfeasance, malfeasance or
35nonfeasance.
367. Meetings of the Commission shall be open and
37public. Members of the Commission are entitled to receive
38the per diem allowance and travel expenses provided for
39state officers and employees generally.
408. Within the limits of legislative appropriations and
41any other money available for such purpose, the
42Commission may employ staff to assist the Commission in
43carrying out its duties.
44 And be it further
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1    RESOLVED, That a new section, designated Section 24, be added
2 to Article 5 of the Nevada Constitution to read as follows:
3Sec. 24. 1. The Political Practices Enforcement
4Commission created pursuant to section 23 of this Article
5has the following duties:
6(a) Interpret and enforce provisions of law relating to
7campaign finance, the activities of lobbyists, conflicts of
8interest of public officers, financial disclosure statements
9required of public officers and ethics in government.
10(b) Provide training, guidance and advisory opinions to
11candidates and public officers relating to campaign finance,
12the activities of lobbyists, conflicts of interest of public
13officers, financial disclosure statements required of public
14officers and ethics in government.
15(c) Maintain databases of reports that are available to
16the public relating to campaign finance, the activities of
17lobbyists, conflicts of interest of public officers, financial
18disclosure statements required of public officers and ethics
19in government.
20(d) Any other power or duty granted to the Commission
21by law.
222. In addition to the duties set forth in subsection 1, the
23Commission may, on its own motion or upon receipt of any
24complaint, investigate any violation of law relating to
25campaign finance, the activities of lobbyists, conflicts of
26interest of public officers, financial disclosure statements
27required of public officers and ethics in government.
283. The Commission may adopt any regulation
29necessary to carry out the provisions of law relating to
30campaign finance, the activities of lobbyists, conflicts of
31interest of public officers, financial disclosure statements
32required of public officers and ethics in government. Any
33regulation adopted by the Commission is subject to the same
34provisions of law enacted by the Legislature pursuant to
35subsection 2 of Section 1 of Article 3 of this Constitution.
364. Members of the Legislature are subject to the same
37legal authority and jurisdiction of the Commission as any
38other elected public officer.
395. Any criminal, civil or administrative fine imposed
40pursuant to the provisions of law relating to campaign
41finance, the activities of lobbyists, conflicts of interest of
42public officers, financial disclosure statements required of
43public officers and ethics in government must be used to
44fund the duties and activities of the Commission.
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16. Except as otherwise limited by a provision of this
2Constitution, the Legislature shall provide by law that the
3Commission may impose discipline, including, without
4limitation, an administrative fine or the removal of a public
5officer from office, against a candidate, lobbyist or public
6officer for a violation of provisions of law relating to
7campaign finance, the activities of lobbyists, conflicts of
8interest of public officers, financial disclosure statements
9required of public officers and ethics in government.
10 And be it further
11    RESOLVED, That Section 3 of Article 11 of the Nevada
12 Constitution be amended to read as follows:
13Sec. 3. All lands granted by Congress to this state for
14educational purposes, all estates that escheat to the state, all
15property given or bequeathed to the state for educational
16purposes, and the proceeds derived from these sources,
17together with that percentage of the proceeds from the sale of
18federal lands which has been granted by Congress to this state
19without restriction or for educational purposes and , except as
20otherwise provided in this Constitution, all fines collected
21under the penal laws of the state are hereby pledged for
22educational purposes and the money therefrom must not be
23transferred to other funds for other uses. The interest only
24earned on the money derived from these sources must be
25apportioned by the legislature among the several counties for
26educational purposes, and, if necessary, a portion of that
27interest may be appropriated for the support of the state
28university, but any of that interest which is unexpended at the
29end of any year must be added to the principal sum pledged
30for educational purposes.
31 And be it further
32    RESOLVED, That this resolution becomes effective upon
33 passage.
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