(REPRINTED WITH ADOPTED AMENDMENTS)

 

Assembly Bill No. 443–Assemblywoman Freeman

 

March 19, 2001

____________

 

Referred to Committee on Elections, Procedures, and Ethics

 

SUMMARY—Makes various changes concerning elections. (BDR 24‑986)

 

FISCAL NOTE:  Effect on Local Government: Yes.

                             Effect on the State: Yes.

 

~

 

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

 

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:

 

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

1-2  the provisions set forth as sections 2 and 3 of this act.

1-3    Sec. 2.  1.  At each building that is open to the general public and

1-4  occupied by the government of this state or a political subdivision of this

1-5  state or an agency thereof, other than a building of a public elementary

1-6  or secondary school, an area must be made available for the use of any

1-7  person to gather signatures on a petition at any time that the building is

1-8  open to the public. The area must be reasonable and may be inside or

1-9  outside of the building. Each public officer or employee in control of the

1-10  operation of a building governed by this subsection shall designate and

1-11  approve the area required by this subsection for the building.

1-12    2.  Before a person may use an area designated pursuant to

1-13  subsection 1, the person must notify the public officer or employee in

1-14  control of the operation of the building governed by subsection 1 of the

1-15  dates and times that the person intends to use the area to gather

1-16  signatures on a petition. The public officer or employee may not deny the

1-17  person the use of the area.

1-18    3.  A person aggrieved by a decision made by a public officer or

1-19  employee pursuant to subsection 1 may appeal the decision to the

1-20  secretary of state. The secretary of state shall review the decision to

1-21  determine whether the public officer or employee designated a

1-22  reasonable area as required by subsection 1.

2-1    4.  The decision of the secretary of state is a final decision for the

2-2  purposes of judicial review. The decision of the secretary of state may

2-3  only be appealed in the first judicial district court.

2-4    5.  The secretary of state may adopt regulations to carry out the

2-5  provisions of subsection 3.

2-6    Sec. 3.  The government of this state or a political subdivision of this

2-7  state or an agency thereof shall not incur an expense or make an

2-8  expenditure to support or oppose:

2-9    1.  A ballot question.

2-10  2.  A candidate.

2-11    Sec. 4.  NRS 306.015 is hereby amended to read as follows:

2-12    306.015  1.  Before a petition to recall a public officer is circulated,

2-13  the persons proposing to circulate the petition must file a notice of intent

2-14  with the filing officer.

2-15    2.  The notice of intent:

2-16    (a) Must be signed by three registered voters who actually voted in this

2-17  state or in the county, district or municipality electing the officer at the last

2-18  preceding general election.

2-19    (b) Must be signed before a person authorized by law to administer

2-20  oaths that the statements and signatures contained in the notice are true.

2-21    (c) Is valid until the date on which the call for a special election is

2-22  issued, as set forth in NRS 306.040.

2-23    3.  The petition may consist of more than one document. The persons

2-24  filing the notice of intent shall submit the petition that was circulated for

2-25  signatures to the filing officer within [60] 90 days after the date on which

2-26  the notice of intent was filed. The filing officer shall immediately submit

2-27  the petition to the county clerk for verification pursuant to NRS 306.035.

2-28  Any person who fails to file the petition as required by this subsection is

2-29  guilty of a misdemeanor. Copies of the petition are not valid for any

2-30  subsequent petition.

2-31    4.  The county clerk shall, upon completing the verification of the

2-32  signatures on the petition, file the petition with the filing officer.

2-33    5.  Any person who signs a petition to recall any public officer may

2-34  request that the county clerk remove his name from the petition by

2-35  submitting a request in writing to the county clerk at any time before the

2-36  petition is submitted for the verification of the signatures thereon pursuant

2-37  to NRS 306.035.

2-38    6.  A person who signs a notice of intent pursuant to subsection 1 or a

2-39  petition to recall a public officer is immune from civil liability for conduct

2-40  related to the exercise of his right to participate in the recall of a public

2-41  officer.

2-42    7.  As used in this section, “filing officer” means the officer with whom

2-43  the public officer to be recalled filed his declaration of candidacy or

2-44  acceptance of candidacy pursuant to NRS 293.185, 293C.145 or 293C.175.

2-45    Sec. 5.  NRS 350.020 is hereby amended to read as follows:

2-46    350.020  1.  Except as otherwise provided by subsections 3 and 4, if a

2-47  municipality proposes to issue or incur general obligations, the proposal

2-48  must be submitted to the electors of the municipality at a special election

3-1  called for that purpose or the next general municipal election or general

3-2  state election.

3-3    2.  Such a special election may be held:

3-4    (a) At any time, including, without limitation, on the date of a primary

3-5  municipal election or a primary state election, if the governing body of the

3-6  municipality determines, by a unanimous vote, that an emergency exists; or

3-7    (b) On the first Tuesday after the first Monday in June of an odd-

3-8  numbered year.

3-9  The determination made by the governing body is conclusive unless it is

3-10  shown that the governing body acted with fraud or a gross abuse of

3-11  discretion. An action to challenge the determination made by the governing

3-12  body must be commenced within 15 days after the governing body’s

3-13  determination is final. As used in this subsection, “emergency” means any

3-14  occurrence or combination of occurrences which requires immediate action

3-15  by the governing body of the municipality to prevent or mitigate a

3-16  substantial financial loss to the municipality or to enable the governing

3-17  body to provide an essential service to the residents of the municipality.

3-18    3.  If payment of a general obligation of the municipality is additionally

3-19  secured by a pledge of gross or net revenue of a project to be financed by

3-20  its issue, and the governing body determines, by an affirmative vote of

3-21  two-thirds of the members elected to the governing body, that the pledged

3-22  revenue will at least equal the amount required in each year for the

3-23  payment of interest and principal, without regard to any option reserved by

3-24  the municipality for early redemption, the municipality may, after a public

3-25  hearing, incur this general obligation without an election unless, within

3-26  [60] 90 days after publication of a resolution of intent to issue the bonds, a

3-27  petition is presented to the governing body signed by not less than 5

3-28  percent of the registered voters of the [municipality who together with any

3-29  corporate petitioners own not less than 2 percent in assessed value of the

3-30  taxable property of the] municipality. Any member elected to the

3-31  governing body whose authority to vote is limited by charter, statute or

3-32  otherwise may vote on the determination required to be made by the

3-33  governing body pursuant to this subsection. The determination by the

3-34  governing body becomes conclusive on the last day for filing the petition.

3-35  For the purpose of this subsection, the number of registered voters must be

3-36  determined as of the close of registration for the last preceding general

3-37  election . [and assessed values must be determined from the next preceding

3-38  final assessment roll. An authorized corporate officer may sign such a

3-39  petition whether or not he is a registered voter.] The resolution of intent

3-40  need not be published in full, but the publication must include the amount

3-41  of the obligation and the purpose for which it is to be incurred. Notice of

3-42  the public hearing must be published at least 10 days before the day of the

3-43  hearing. The publications must be made once in a newspaper of general

3-44  circulation in the municipality. When published, the notice of the public

3-45  hearing must be at least as large as 5 inches high by 4 inches wide.

3-46    4.  The board of trustees of a school district may issue general

3-47  obligation bonds which are not expected to result in an increase in the

3-48  existing property tax levy for the payment of bonds of the school district

3-49  without holding an election for each issuance of the bonds if the qualified

4-1  electors approve a question submitted by the board of trustees that

4-2  authorizes issuance of bonds for a period of 10 years after the date of

4-3  approval by the voters. If the question is approved, the board of trustees of

4-4  the school district may issue the bonds for a period of 10 years after the

4-5  date of approval by the voters, after obtaining the approval of the debt

4-6  management commission in the county in which the school district is

4-7  located and, in a county whose population is 100,000 or more, the approval

4-8  of the oversight panel for school facilities established pursuant to NRS

4-9  393.092 in that county, if the board of trustees of the school district finds

4-10  that the existing tax for debt service will at least equal the amount required

4-11  to pay the principal and interest on the outstanding general obligations of

4-12  the school district and the general obligations proposed to be issued. The

4-13  finding made by the board of trustees is conclusive in the absence of fraud

4-14  or gross abuse of discretion. As used in this subsection, “general

4-15  obligations” does not include medium-term obligations issued pursuant to

4-16  NRS 350.085 to 350.095, inclusive.

4-17    5.  At the time of issuance of bonds authorized pursuant to subsection

4-18  4, the board of trustees shall establish a reserve account in its debt service

4-19  fund for payment of the outstanding bonds of the school district. The

4-20  reserve account must be established and maintained in an amount at least

4-21  equal to the lesser of the amount of principal and interest payments due on

4-22  all of the outstanding bonds of the school district in the next fiscal year or

4-23  10 percent of the outstanding principal amount of the outstanding bonds of

4-24  the school district. If the amount in the reserve account falls below the

4-25  amount required by this subsection:

4-26    (a) The board of trustees shall not issue additional bonds pursuant to

4-27  subsection 4 until the reserve account is restored to the level required by

4-28  this subsection; and

4-29    (b) The board of trustees shall apply all of the taxes levied by the school

4-30  district for payment of bonds of the school district that are not needed for

4-31  payment of the principal and interest on bonds of the school district in the

4-32  current fiscal year to restore the reserve account to the level required

4-33  pursuant to this subsection.

4-34    6.  A municipality may issue special or medium-term obligations

4-35  without an election.

4-36    Sec. 6.  The amendatory provisions of this act do not apply to any

4-37  building leased pursuant to an agreement that would prohibit the lessee

4-38  from complying with the provisions of section 1 of this act until the

4-39  agreement expires or is renewed.

 

4-40  H