Assembly Bill No. 443–Assemblywoman Freeman

 

CHAPTER..........

 

AN ACT relating to elections; providing for certain designated areas for gathering signatures on petitions; prohibiting state and local government, for certain periods, from expending money to support or oppose candidates or ballots questions; extending the period for gathering signatures on certain petitions; and providing other matters properly relating thereto.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

   Section 1. Chapter 293 of NRS is hereby amended by adding thereto

 the provisions set forth as sections 2 and 3 of this act.

   Sec. 2.  1.  At each building that is open to the general public and

 occupied by the government of this state or a political subdivision of this

 state or an agency thereof, other than a building of a public elementary

 or secondary school, an area must be made available for the use of any

 person to gather signatures on a petition at any time that the building is

 open to the public. The area must be reasonable and may be inside or

 outside of the building. Each public officer or employee in control of the

 operation of a building governed by this subsection shall designate and

 approve the area required by this subsection for the building.

   2.  Before a person may use an area designated pursuant to

 subsection 1, the person must notify the public officer or employee in

 control of the operation of the building governed by subsection 1 of the

 dates and times that the person intends to use the area to gather

 signatures on a petition. The public officer or employee may not deny

 the person the use of the area.

   3.  A person aggrieved by a decision made by a public officer or

 employee pursuant to subsection 1 may appeal the decision to the

 secretary of state. The secretary of state shall review the decision to

 determine whether the public officer or employee designated a

 reasonable area as required by subsection 1.

   4.  The decision of the secretary of state is a final decision for the

 purposes of judicial review. The decision of the secretary of state may

 only be appealed in the first judicial district court.

   5.  The secretary of state may adopt regulations to carry out the

 provisions of subsection 3.

   Sec. 3.  The government of this state or a political subdivision of this

 state or an agency thereof shall not incur an expense or make an

 expenditure to support or oppose:

   1.  A ballot question.

   2.  A candidate.

   Sec. 4.  NRS 306.015 is hereby amended to read as follows:

   306.015  1.  Before a petition to recall a public officer is circulated,

 the persons proposing to circulate the petition must file a notice of intent

 with the filing officer.

   2.  The notice of intent:

   (a) Must be signed by three registered voters who actually voted in this

 state or in the county, district or municipality electing the officer at the last

 preceding general election.

   (b) Must be signed before a person authorized by law to administer

oaths that the statements and signatures contained in the notice are true.

   (c) Is valid until the date on which the call for a special election is

 issued, as set forth in NRS 306.040.

   3.  The petition may consist of more than one document. The persons

 filing the notice of intent shall submit the petition that was circulated for

 signatures to the filing officer within [60] 90 days after the date on which

 the notice of intent was filed. The filing officer shall immediately submit

 the petition to the county clerk for verification pursuant to NRS 306.035.

 Any person who fails to file the petition as required by this subsection is

 guilty of a misdemeanor. Copies of the petition are not valid for any

 subsequent petition.

   4.  The county clerk shall, upon completing the verification of the

 signatures on the petition, file the petition with the filing officer.

   5.  Any person who signs a petition to recall any public officer may

 request that the county clerk remove his name from the petition by

 submitting a request in writing to the county clerk at any time before the

 petition is submitted for the verification of the signatures thereon pursuant

 to NRS 306.035.

   6.  A person who signs a notice of intent pursuant to subsection 1 or a

 petition to recall a public officer is immune from civil liability for conduct

 related to the exercise of his right to participate in the recall of a public

 officer.

   7.  As used in this section, “filing officer” means the officer with whom

 the public officer to be recalled filed his declaration of candidacy or

 acceptance of candidacy pursuant to NRS 293.185, 293C.145 or

 293C.175.

   Sec. 5.  NRS 350.020 is hereby amended to read as follows:

   350.020  1.  Except as otherwise provided by subsections 3 and 4, if a

 municipality proposes to issue or incur general obligations, the proposal

 must be submitted to the electors of the municipality at a special election

 called for that purpose or the next general municipal election or general

 state election.

   2.  Such a special election may be held:

   (a) At any time, including, without limitation, on the date of a primary

 municipal election or a primary state election, if the governing body of the

 municipality determines, by a unanimous vote, that an emergency exists;

 or

   (b) On the first Tuesday after the first Monday in June of an odd

-numbered year.

The determination made by the governing body is conclusive unless it is

 shown that the governing body acted with fraud or a gross abuse of

 discretion. An action to challenge the determination made by the

 governing body must be commenced within 15 days after the governing

 body’s determination is final. As used in this subsection, “emergency”

 means any occurrence or combination of occurrences which requires

 immediate action by the governing body of the municipality to prevent or

 mitigate a substantial financial loss to the municipality or to enable the

 governing body to provide an essential service to the residents of the

 municipality.

   3.  If payment of a general obligation of the municipality is additionally

 secured by a pledge of gross or net revenue of a project to be financed by

 its issue, and the governing body determines, by an affirmative vote of

two-thirds of the members elected to the governing body, that the pledged

revenue will at least equal the amount required in each year for the

 payment of interest and principal, without regard to any option reserved by

 the municipality for early redemption, the municipality may, after a public

 hearing, incur this general obligation without an election unless, within

 [60] 90 days after publication of a resolution of intent to issue the bonds, a

 petition is presented to the governing body signed by not less than 5

 percent of the registered voters of the [municipality who together with any

 corporate petitioners own not less than 2 percent in assessed value of the

 taxable property of the] municipality. Any member elected to the

 governing body whose authority to vote is limited by charter, statute or

 otherwise may vote on the determination required to be made by the

 governing body pursuant to this subsection. The determination by the

 governing body becomes conclusive on the last day for filing the petition.

 For the purpose of this subsection, the number of registered voters must be

 determined as of the close of registration for the last preceding general

 election . [and assessed values must be determined from the next

 preceding final assessment roll. An authorized corporate officer may sign

 such a petition whether or not he is a registered voter.] The resolution of

 intent need not be published in full, but the publication must include the

 amount of the obligation and the purpose for which it is to be incurred.

 Notice of the public hearing must be published at least 10 days before the

 day of the hearing. The publications must be made once in a newspaper of

 general circulation in the municipality. When published, the notice of the

 public hearing must be at least as large as 5 inches high by 4 inches wide.

   4.  The board of trustees of a school district may issue general

 obligation bonds which are not expected to result in an increase in the

 existing property tax levy for the payment of bonds of the school district

 without holding an election for each issuance of the bonds if the qualified

 electors approve a question submitted by the board of trustees that

 authorizes issuance of bonds for a period of 10 years after the date of

 approval by the voters. If the question is approved, the board of trustees of

 the school district may issue the bonds for a period of 10 years after the

 date of approval by the voters, after obtaining the approval of the debt

 management commission in the county in which the school district is

 located and, in a county whose population is 100,000 or more, the

 approval of the oversight panel for school facilities established pursuant to

 NRS 393.092 in that county, if the board of trustees of the school district

 finds that the existing tax for debt service will at least equal the amount

 required to pay the principal and interest on the outstanding general

 obligations of the school district and the general obligations proposed to

 be issued. The finding made by the board of trustees is conclusive in the

 absence of fraud or gross abuse of discretion. As used in this subsection,

 “general obligations” does not include medium-term obligations issued

 pursuant to NRS 350.085 to 350.095, inclusive.

   5.  At the time of issuance of bonds authorized pursuant to subsection

 4, the board of trustees shall establish a reserve account in its debt service

 fund for payment of the outstanding bonds of the school district. The

 reserve account must be established and maintained in an amount at least

 equal to the lesser of the amount of principal and interest payments due on

all of the outstanding bonds of the school district in the next fiscal year or

10 percent of the outstanding principal amount of the outstanding bonds of

 the school district. If the amount in the reserve account falls below the

 amount required by this subsection:

   (a) The board of trustees shall not issue additional bonds pursuant to

 subsection 4 until the reserve account is restored to the level required by

 this subsection; and

   (b) The board of trustees shall apply all of the taxes levied by the school

 district for payment of bonds of the school district that are not needed for

 payment of the principal and interest on bonds of the school district in the

 current fiscal year to restore the reserve account to the level required

 pursuant to this subsection.

   6.  A municipality may issue special or medium-term obligations

 without an election.

   Sec. 6.  The amendatory provisions of this act do not apply to any

 building leased pursuant to an agreement that would prohibit the lessee

 from complying with the provisions of section 1 of this act until the

 agreement expires or is renewed.

 

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