Nevada 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... +

Bill Text

- 82nd Session (2023)
Senate Joint Resolution No. 7 of the 81st Session–
Senator Dondero Loop

Joint Sponsor: Assemblyman Roberts

FILE NUMBER..........
SENATE JOINT RESOLUTION—Proposing 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.
Legislative Counsel’s Digest:
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. (Nev. Const. Art. 11, § 4) The Education Article also: (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; 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. (Nev. Const. Art. 11, §§ 7, 8)
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; and (2) the election of the members of the Board of Regents. (NRS
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; and
(2) authorized 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)
This resolution proposes to amend the Nevada Constitution to remove the
constitutional provisions governing the Board of Regents 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. However,
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 the
existing statutory provisions that provide for the election of the members of the
Board of Regents.
Under the federal Morrill Land Grant Act of 1862, 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. (Act of July 2, 1862, ch. 130, §§ 1-8, 12 Stat. 503-05, as amended and

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- 82nd Session (2023)
codified at 7 U.S.C. §§ 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
of the federal land grants. (Nev. Const. Art. 11, § 8; Debates & Proceedings of the
Nevada State Constitutional Convention of 1864, at 586 and 589-91 (Andrew J.
Marsh off. rep. 1866)) This resolution proposes to amend Section 8 of the
Education Article to: (1) remove references to the Board of Regents; (2) delete
obsolete provisions; (3) clarify citations to the pertinent federal law, including all
amendments thereto; and (4) specify that the proceeds derived under the federal law
must be invested by the State of Nevada in the manner required by 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 to the Nevada Constitution become effective.

EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted.

WHEREAS, Article 11 of the Nevada Constitution, commonly
known as the Education Article, requires the Legislature to provide
for the establishment of a State University that is controlled by a
Board of Regents whose duties are prescribed by law (Nev. Const.
Art. 11, § 4); and
WHEREAS, The Education Article also requires the Legislature
to provide for the election of the members of the Board of Regents
and to define their duties by law (Nev. Const. Art. 11, § 7); and
WHE