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

S.J.R. 5

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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:
The Nevada Constitution gives exclusive power to each House of the 1
Legislature to determine the rules of its proceedin gs. (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 t he 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 an d 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

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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 adm inistrative 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 financ e, 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 infor mation 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

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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 vot e 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 th e 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 dispens ed 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 o therwise 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

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[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 memb ership 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 Commiss ion 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

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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 disclos ure 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 a ny 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 jurisdic tion 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, fina ncial 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

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6. Except as otherwise limited by a provision of this 1
Constitution, the Legislature shall provide by law th at 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 only 23
earned on the money derived from these sources must be 24
apportioned by the legislature among the several counties for 25
educational purposes, and, if necessary, a portion of that 26
interest may be appropriated for the support of the state 27
university, but any of that interest which is unexpended at the 28
end of any year mus t be added to the principal sum pledged 29
for educational purposes. 30
And be it further 31
RESOLVED, That this resolution becomes effective upon 32
passage. 33

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