Assembly Bill No. 689–Committee on Judiciary

(On Behalf of Legislative Counsel)

May 20, 1999

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Referred to Committee on Judiciary

 

SUMMARY—Amends Assembly Bill No. 284, Assembly Bill No. 590 and Senate Bill No. 471 of 1999 Legislative Session. (BDR S-1760)

FISCAL NOTE: Effect on Local Government: No.

Effect on the State or on Industrial Insurance: No.

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EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted. Green numbers along left margin indicate location on the printed bill (e.g., 5-15 indicates page 5, line 15).

 

AN ACT relating to legislative measures; amending Assembly Bill No. 284 of the 1999 Legislative Session to clarify that provisions apply to public water systems that serve a population of 100,000 or more, but only in a county whose population is 400,000 or more; requiring an advisory question concerning the fluoridation of water to be placed on the general election ballot in a county whose population is 400,000 or more; amending Assembly Bill No. 590 of the 1999 Legislative Session clarifying that a candidate for the office of city councilman must include in his declaration of candidacy the number of the ward that he seeks to represent; amending Senate Bill No. 471 of the 1999 Legislative Session to delay the date upon which legislative measures of local governments must set forth certain disclosures regarding unfunded mandates; and providing other matters properly relating thereto.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

1-1 Section 1. Sections 3, 4 and 5 of Assembly Bill No. 284 of this

1-2 session are hereby amended to read as follows:

1-3 Sec. 3. 1. The state board of health shall adopt regulations

1-4 requiring the fluoridation of each public water system that serves

1-5 a population of 100,000 or more in a county whose population is

1-6 400,000 or more.

1-7 2. The regulations must include, without limitation:

2-1 (a) The minimum and maximum permissible concentrations of

2-2 fluoride to be maintained in such public water systems, except

2-3 that:

2-4 (1) The minimum permissible concentration of fluoride

2-5 must not be less than 0.7 parts per million; and

2-6 (2) The maximum permissible concentration of fluoride

2-7 must not exceed 1.2 parts per million;

2-8 (b) The requirements and procedures for maintaining proper

2-9 concentrations of fluoride, including any necessary equipment,

2-10 testing, recordkeeping and reporting;

2-11 (c) Requirements for the addition of fluoride to such a public

2-12 water system if the natural concentration of fluorides in that

2-13 system is lower than the minimum permissible concentration

2-14 established pursuant to paragraph (a); and

2-15 (d) Criteria pursuant to which the state board of health may

2-16 exempt a public water system from the requirement of

2-17 fluoridation upon the request of the public water system.

2-18 3. The state board of health shall not require the fluoridation

2-19 of:

2-20 (a) The wells of a public water system if:

2-21 (1) The ground water production of the public water system

2-22 is less than 15 percent of the total average annual water

2-23 production of the system for the years in which drought

2-24 conditions are not prevalent; and

2-25 (2) The wells are part of a combined regional and local

2-26 system for the distribution of water that is served by a fluoridated

2-27 source.

2-28 (b) A public water system:

2-29 (1) During an emergency or period of routine maintenance,

2-30 if the wells of the system are exempt from fluoridation pursuant to

2-31 paragraph (a) and the supplier of water determines that it is

2-32 necessary to change the production of the system from surface

2-33 water to ground water because of an emergency or for purposes

2-34 of routine maintenance; or

2-35 (2) If the natural water supply of the system contains

2-36 fluoride in a concentration that is at least equal to the minimum

2-37 permissible concentration established pursuant to paragraph (a)

2-38 of subsection 2.

2-39 4. The state board of health may make an exception to the

2-40 minimum permissible concentration of fluoride to be maintained

2-41 in a public water system based on:

2-42 (a) The climate of the regulated area;

3-1 (b) The amount of processed water purchased by the residents

3-2 of the regulated area; and

3-3 (c) Any other factor that influences the amount of public water

3-4 that is consumed by the residents of the regulated area.

3-5 5. The health division of the department of human resources

3-6 shall make reasonable efforts to secure any available sources of

3-7 financial support, including, without limitation, grants from the

3-8 Federal Government, for the enforcement of the standards

3-9 established pursuant to this section and any related capital

3-10 improvements.

3-11 6. A public water system may submit to the health division a

3-12 claim for payment of the initial costs of the public water system to

3-13 begin complying with the provisions of this section regardless of

3-14 whether the public water system is required to comply with those

3-15 provisions. The administrator of the health division may approve

3-16 such claims to the extent of legislative appropriations and any

3-17 other money available for that purpose. Approved claims must be

3-18 paid as other claims against the state are paid. The ongoing

3-19 operational expenses of a public water system in complying with

3-20 the provisions of this section are not compensable pursuant to this

3-21 subsection.

3-22 7. As used in this section, "supplier of water" has the

3-23 meaning ascribed to it in NRS 445A.845.

3-24 Sec. 4. NRS 445A.050 is hereby amended to read as follows:

3-25 445A.050 The provisions of NRS 445A.025 to [445A.045,]

3-26 445A.050, inclusive, do not apply [:

3-27 1. To purveyors] to:

3-28 1. A public water system that serves a population of 100,000

3-29 or more in a county whose population is 400,000 or more.

3-30 2. Purveyors of bottled water who label their containers to

3-31 inform the purchaser that the naturally occurring fluoride

3-32 concentration of the water has been adjusted to recommended

3-33 levels.

3-34 [2. To any]

3-35 3. A supplier of water who supplies water to less than 500

3-36 users.

3-37 Sec. 5. 1. This section becomes effective upon passage and

3-38 approval.

3-39 2. Section 3 of this act becomes effective upon passage and

3-40 approval for the purpose of adopting regulations and on October 1,

3-41 1999, for all other purposes.

3-42 3. Sections 1, 2, 4 and 4.5 of this act become effective on

3-43 October 1, 1999.

4-1 4. This act expires by limitation on January 1, 2001, if a

4-2 majority of the voters voting on the question placed on the ballot

4-3 pursuant to section 4.5 of this act vote affirmatively in all counties

4-4 in which the measure was placed on the ballot.

4-5 Sec. 2. Assembly Bill No. 284 of this session is hereby amended by

4-6 adding thereto a new section designated sec. 4.5, following sec. 4, to read

4-7 as follows:

4-8 Sec. 4.5. At the general election on November 7, 2000, in each

4-9 county whose population is 400,000 or more, an advisory question

4-10 must be placed on the general election ballot in substantially the

4-11 following form:

4-12 Should each public water system in this county that serves a

4-13 population of 100,000 persons or more cease the fluoridation of the

4-14 water?

4-15 Sec. 3. Section 3 of Assembly Bill No. 590 of this session is hereby

4-16 amended to read as follows:

4-17 Sec. 3. Section 5.020 of the charter of the City of North Las

4-18 Vegas, being chapter 573, Statutes of Nevada 1971, as last amended

4-19 by chapter 215, Statutes of Nevada 1997, at page 748, is hereby

4-20 amended to read as follows:

4-21 Sec. 5.020 Primary municipal elections; declaration of

4-22 candidacy.

4-23 1. The city council shall provide by ordinance for candidates

4-24 for elective office to declare their candidacy and file the necessary

4-25 documents. The seats for city councilmen must be designated by

4-26 the numbers one through four which number must correspond

4-27 with the wards the candidates for city councilmen will seek to

4-28 represent. A candidate for the office of city councilman shall

4-29 include in his declaration of candidacy the number of the ward

4-30 which he seeks to represent. Each candidate for city council must

4-31 be designated as a candidate for the city council seat that

4-32 corresponds with the ward that he seeks to represent.

4-33 2. If for any general municipal election there are three or more

4-34 candidates for the offices of mayor or municipal judge, or [five or

4-35 more candidates for the office of councilman,] for a particular city

4-36 council seat, a primary election for any such office must be held on

4-37 the Tuesday following the first Monday in May preceding the

4-38 general election.

4-39 3. Except as otherwise provided in [subsections 4 and 5,]

4-40 subsection 4, after the primary election, the names of the two

4-41 candidates for mayor , [and] municipal judge and [the names of the

4-42 four candidates for city councilman] each city council seat who

5-1 receive the highest number of votes must be placed on the ballot for

5-2 the general election.

5-3 4. If one of the candidates for mayor , [or] municipal judge or a

5-4 city council seat receives a majority of the total votes cast for that

5-5 office in the primary election, he shall be declared elected to office

5-6 and his name must not appear on the ballot for the general election.

5-7 [5. If a candidate for city council receives votes equal to a

5-8 majority of voters casting ballots in the primary election:

5-9 (a) He shall be declared elected to one of the open seats on the

5-10 city council and his name must not appear on the ballot for the

5-11 general election.

5-12 (b) Unless all the open seats were filled pursuant to paragraph

5-13 (a), the names of those candidates who received the highest number

5-14 of votes but did not receive a number of votes equal to a majority of

5-15 the voters casting ballots in the primary election, not to exceed

5-16 twice the number of candidates remaining to be elected, must be

5-17 placed on the ballot for the general election.]

5-18 Sec. 4. Section 3 of Senate Bill No. 471 of this session is hereby

5-19 repealed.

5-20 Sec. 5. This act becomes effective upon passage and approval.

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