SJR 7 — Proposes to amend the Nevada Constitution to remove the constitutional provisions governing the election and duties of the Board of Regents of the State University and to authorize the Legislature to provide by statute for the governance of the State University and for the auditing of public institutions of higher education in this State. (BDR C-944)

S.J.R.Senate Joint Resolution No.

77–Senator SDondero ENATELoop JOINTJoint RSponsor: ESOLUTION NO .

7–ENATORAssemblyman DRoberts ONDEROFILE LNUMBER.......... OOP M ARCH 16, 2021 ____________ JOINT SPONSOR :

SSEMBLYMAN ROBERTS ____________ Referred to Committee on Legislative Operations and Elections SUMMARY—Proposes to amend the Nevada Constitution to remove the constitutional provisions governing the election and duties of the Board of Regents of the State University and to authorize the Legislature to provide by statute for the governance of the State University and for the auditing of public institutions of higher education in this State.

(BDR C-944) FISCAL NOTE:

Effect on Local Government:

No.

Effect on the State:

No.

~ EXPLANATION – Matter in bolded italics is new;

matter between brackets [omitted material] is material to be omitted.

Article 11 of the Nevada Constitution, commonly known as the Education Article, requires the Nevada Legislature to provide for the establishment of a State University that is controlled by a Board of Regents whose duties are prescribed by law.

(1) requires the Legislature to provide for the election of the members of the Board of Regents of the State University and to define their duties by law;

(1)Nevada; the establishment of the State University, which is known as the University of 396.020, 396.040) Additionally, the Legislature has:

(1)and provided(2) by law for the -election *SJR7* – 2 – establishment of the Nevadamembers System of Higherthe Education,Board which consists of theRegents. State University and other educational institutions, programs and operations;

(NRSersity of 396.020, 396.040) Additionally, the Legislature has:

(1) provided by law for the establishment of the Nevada System of Higher Education, which consists of the State University and other educational institutions, programs and operations;

(NRS 396.020, 396.110, 396.230, 396.280, 396.300, 396.420, 396.440, 396.550) This resolution proposes to amend the Nevada Constitution to remove the constitutionalLegislature provisionsto governingprovide by statute for the Boardgovernance of Regentsthe andState toUniversity authorizeand thefor the auditing of public institutions of higher education in this State.

However,dHowever, for although this resolution removes the status of the Board of Regents as a constitutional body under the Nevada Constitution, this resolution does not change the status of the Board of Regents as a statutory body under existing statutory provisions, which authorize the Board of Regents to administer the Nevada System of Higher Education and prescribe rules for its governance and management.

In addition, this resolution does not repeal, either expressly or by implication, any of those existing statutory provisions relating to the Board of Regents, including thetheof Boardexisting ofstatutory Regents.y provisions that provide for the election of the members of the UnderBoard the federal Morrill Land Grant Act of 1862,Regents. each state was provided with certain federal land grants to be sold to support and maintain at least one college in the state that teaches both agriculture and mechanic arts, including military tactics, so long as the state agrees to certain terms and conditions regarding the preservation and use of the proceeds derived from the sale of the federal land grants.

(ActUnder ofthe Julyfederal 2,Morrill Land Grant Act of 1862, ch.each state was provided with certain federal land grants to be sold to support and maintain at least one college in the state that teaches both agriculture and mechanic arts, including military tactics, so long as the state agrees to certain terms and conditions regarding the preservation and use of the proceeds derived from the sale of the federal land codified at 7 U.S.C.

130, §§ 1-8,301 12et Stat.seq.) To secure the benefits offered by the federal - 81st Session (2021) – 2 – law, the Framers of the Nevada Constitution approved Section 8 of the Education Article to provide for the preservation and use of the proceeds derived from the sale of the federal land grants.

503-05, as amended and law, the Framers of the Nevada Constitution approved Section 8 of the Educationral Article to provide for the preservation and use of the proceeds derived from the sale of the federal land grants.

Debates & Proceedings of the NevadaMarsh Stateoff. Constitutional Convention of 1864, at 586 and 589-91 (Andrew J.

Marsh off.

1866)) This resolution proposes to amend Section 8 of the EducationJ. Article to:

Education Article to:

and (4) specify that the proceeds derived under the federal law musIf this resolution is passed by the 2021 Legislature, it must also be passedinvested by the nextState Legislatureof andNevada then approved and ratified by the voters in an election before the proposedmanner amendmentsrequired toby thelaw. Nevada Constitution become effective.

the next Legislature and then approved and ratified by the voters in an electionby before the proposed amendments to the Nevada Constitution become effective.

EXPLANATION – Matter in bolded italics is new;

matter between brackets [omitted material] is material to be omitted.

and - *SJR7* – 3 – W HEREAS , When drafting the Education Article, the Framers of the Nevada Constitution purposefully added constitutional language to ensure that the powers and duties of the Board of Regents and its members “shall be prescribed by the Legislature,” in order to “not leave it to be inferred, perhaps, that they have absolute control” over the State University (Debates & Proceedings of the Nevada State Constitutional Convention of 1864, at 586 (Andrew J.

and - 81st Session (2021) – 3 – W HEREAS , As required by the Education Article, the Legislature has provided by law for the establishment of the State University, known as the University of Nevada, and has provided by law for the election of the members of the Board of Regents (NRS 396.020, 396.040);

and W HEREAS , The Legislature has provided by law for the establishment of the Nevada System of Higher Education, which consists of the State University and other educational institutions, programs and operations, and for the Board of Regents to administer the System and to prescribe rules for its governance and management (NRS 396.020, 396.110, 396.230, 396.280, 396.300, 396.420,396W4HEREAS6., 396.440,In 396.550);cases before the Nevada Supreme Court, the Board of Regents has asserted that its “unique constitutional status” gives it “virtual autonomy and thus immunity” from particular laws and policies enacted by the Legislature (Board of Regents v.

andOakley, WNev. HEREAS , In cases before the Nevada Supreme Court, the Board of Regents has asserted that its “unique constitutional status” gives it “virtual autonomy and thus immunity” from particular laws and policies enacted by the Legislature (Board of Regents v.

Oakley, 97 Nev.

and - *SJR7* – 4 – W HEREAS , Under our Nation’s fundamental, well-established and long-standing principles of representative government, the traditional role of the people’s elected representatives in the Legislature is to serve as the people’s legislative check of accountability to ensure that public bodies, agencies and officers in the other branches of government are carrying out their governmental functions for the benefit of the people and in a manner consistent with the laws and policies enacted by the Legislature;

and - 81st Session (2021) – 4 – W HEREAS , Like other public bodies, agencies and officers of the State Government, the Board of Regents should be subject to the people’s legislative check of accountability through legislative oversight, and the Board of Regents’ control and management of the affairs of the State University should be governed by all laws enacted by the Legislature;

and W HEREAS , Amending the Nevada Constitution to remove the Board of Regents’ constitutional status will not repeal, either expressly or by implication, the existing statutory provisions which apply to the Board of Regents, the State University and all other institutions, programs and operations of the Nevada System of Higher Education, including, without limitation, the existing - *SJR7* – 5 – statutory provisions that provide for the voters to elect the members of the Board of Regents;

now, therefore, be it R ESOLVED BY THE SENATE AND A SSEMBLY OF THE STATE OF N EVADA , OINTLYJOINTLY , That this resolution may be cited as the Nevada Higher Education Reform, Accountability and Oversight Amendment;