SJR 7-2021 — 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 auditi... +

S.J.R.Senate Joint Resolution No.

7 of the 81st SessionSession– SENATESenator OINTDondero RLoop ESOLUTIONJoint NSponsor: O.

7OFAssemblyman THERoberts 81STFILE SESSIONNUMBER.......... – SENATOR D ONDERO L OOP M ARCH 16, 2021 ____________ JOINT SPONSOR :

ASSEMBLYMAN R OBERTS ____________ 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.

and (2) authorizes the Board of Regents to control and manage the affairs of the State University and its funds under such regulations as may be provided by law.

11, §§ 7, 8)ds8) As required by the Education Article, the Legislature has provided by law for:

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

and(1) (2)provided by law for the electionestablishment of the membersNevada System of theHigher BoardEducation, which consists of Regents.the State University and other educational institutions, programs and operations;

(NRS 396.020, 396.040) Additionally, the Legislature has:

(1) provided by law for the - *SJR7_81* – 2 – establishment of the Nevada System of Higher Education, which consists of the State University and other educational institutions, programs and operations;

503-05, as amended and law,- the82nd FramersSession of(2023) the– Nevada2 Constitution– approvedcodified Sectionat 87 ofU.S.C. the Educationral Article to provide for the preservation and use of the proceeds derived from the sale of the federal land grants.

(Nev.§§ 301 et seq.) To secure the benefits offered by the federal 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 Nevada State Constitutional Convention of 1864, at 586 and 589-91 (Andrew J.

Const.of the Marsh off.

Art.

11, § 8;

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

Marsh off.

(3) clarify citations to the pertinent federal law, including all must be invested by the State of Nevada in the manner required by law.e federal law If this resolution is passed by the 2021 Legislature, it must also be passed by the next Legislature and then approved and ratified by the voters in an election before the proposed amendments tothereto; the Nevada Constitution become effective.

and (4) specify that the proceeds derived under the federal law musIf this resolution is passed by the 2021 Legislature, it must also be passed by the next Legislature and then approved and ratified by the voters in an election 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_81* – 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 W HEREAS , The Framers did not create the Board of Regents as a constitutional body in the Education Article to give the Board of Regents unchecked autonomy from legislative oversight (Debates & - 82nd Session (2023) – 3 – Proceedings of the Nevada State Constitutional Convention of 1864, at 585-91 (Andrew J.

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, 396.440, 396.550);

Oakley, 97 Nev.

and - *SJR7_81* – 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 W HEREAS , The Board of Regents has, at various times, relied on its constitutional status and its authority to control and manage the affairs of the State University as a defensive shield and cloak against the people’s legislative check of accountability, and the Board of Regents has, at various times, taken actions that have hindered, thwarted or undermined the Legislature’s investigation, review and - 82nd Session (2023) – 4 – scrutiny of the institutions, programs and operations of the Nevada System of Higher Education;

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_81* – 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 SENATES ENATE AND A SSEMBLY OF THE STATE OF N EVADA , OINTLY,JOINTLY , That this resolution may be cited as the Nevada Higher Education Reform, Accountability and Oversight Amendment;

The Legislature shall provide by law for the establishment and governance of a State University which shall embrace departments for Agriculture, Mechanic Arts, and Mining [to be controlled by a Board of Regents - 82nd Session (2023) – 5 – whose duties shall be prescribed by Law.] and other departments deemed appropriate for the State University.

The [Board of Regents shall, from the interest accruing from the first funds which come under their control, immediately organize and maintain the said Mining department in such manner as to make it most effective and useful, Provided, that all the] proceeds of the public lands donated by Act of Congress approved July [second AD.

And be it further, - *SJR7_81* – 6 – R ESOLVED , That this resolution becomes effective upon passage.

TEXT~~~~~ OF23 REPEALED- SECTION82nd PublicSession Instruction,(2023) shall for the first four years and until their successors are elected and qualified constitute a Board of Regents to control and manage the affairs of the University and the funds of the same under such regulations as may be provided by law.