Assembly Bill No. 552–Committee on Judiciary

 

May 31, 2003

____________

 

Referred to Committee on Judiciary

 

SUMMARY—Making technical corrections to certain measures previously approved by 72nd Session of Nevada Legislature. (BDR S‑1367)

 

FISCAL NOTE:                   Effect on Local Government: No.

                   Effect on the State: No.

 

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

 

AN ACT relating to statutes; making technical corrections to certain measures previously approved by the 72nd Session of the Nevada Legislature; 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.  Section 5 of Assembly Bill No. 293 of this session

1-2  is hereby amended to read as follows:

1-3  Sec. 5. NRS 295.121 is hereby amended to read as

1-4  follows:

1-5      295.121  1.  In a county whose population is [100,000]

1-6  40,000 or more, for each initiative, referendum or other

1-7  question to be placed on the ballot by [the] :

1-8  (a) The board or county clerk, including, without

1-9  limitation, pursuant to NRS 293.482, 295.115 or 295.160 [,] ;

1-10      (b) The governing body of a school district, public

1-11  library or water district authorized by law to submit

1-12  questions to some or all of the qualified electors or

1-13  registered voters of the county; or

1-14      (c) A metropolitan police committee on fiscal affairs

1-15  authorized by law to submit questions to some or all of the

1-16  qualified electors or registered voters of the county,

2-1  the board shall, in consultation with the county clerk pursuant

2-2  to subsection [4,] 5, appoint two committees. Except as

2-3  otherwise provided in subsection 2, one committee must be

2-4  composed of three persons who favor approval by the voters

2-5  of the initiative, referendum or other question and the other

2-6  committee must be composed of three persons who oppose

2-7  approval by the voters of the initiative, referendum or other

2-8  question.

2-9  2.  If, after consulting with the county clerk pursuant to

2-10  subsection [4,] 5, the board is unable to appoint three persons

2-11  who are willing to serve on a committee, the board may

2-12  appoint fewer than three persons to that committee, but the

2-13  board must appoint at least one person to each committee

2-14  appointed pursuant to this section.

2-15      3.  With respect to a committee appointed pursuant to

2-16  this section:

2-17      (a) A person may not serve simultaneously on the

2-18  committee that favors approval by the voters of an initiative,

2-19  referendum or other question and the committee that opposes

2-20  approval by the voters of that initiative, referendum or other

2-21  question.

2-22      (b) Members of the committee serve without

2-23  compensation.

2-24      (c) The term of office for each member commences upon

2-25  appointment and expires upon the publication of the sample

2-26  ballot containing the initiative, referendum or other question.

2-27      4.  The county clerk may establish and maintain a list

2-28  of the persons who have expressed an interest in serving on

2-29  a committee appointed pursuant to this section. The county

2-30  clerk, after exercising due diligence to locate persons who

2-31  favor approval by the voters of an initiative, referendum or

2-32  other question to be placed on the ballot or who oppose

2-33  approval by the voters of an initiative, referendum or other

2-34  question to be placed on the ballot, may use the names on a

2-35  list established pursuant to this subsection to:

2-36      (a) Make recommendations pursuant to subsection 5;

2-37  and

2-38      (b) Appoint members to a committee pursuant to

2-39  subsection 6.

2-40      5. Before the board appoints a committee pursuant to

2-41  this section, the county clerk shall:

2-42      (a) Recommend to the board persons to be appointed to

2-43  the committee; and

2-44      (b) Consider recommending pursuant to paragraph (a):

3-1      (1) Any person who has expressed an interest in

3-2  serving on the committee; and

3-3      (2) A person who is a member of an organization that

3-4  has expressed an interest in having a member of the

3-5  organization serve on the committee.

3-6  [5.] 6. If the board of a county whose population is

3-7  [100,000] 40,000 or more fails to appoint a committee as

3-8  required pursuant to this section, the county clerk shall

3-9  appoint the committee.

3-10      [6.] 7. A committee appointed pursuant to this section:

3-11      (a) Shall elect a chairman for the committee;

3-12      (b) Shall meet and conduct its affairs as necessary to

3-13  fulfill the requirements of this section;

3-14      (c) May seek and consider comments from the general

3-15  public;

3-16      (d) Shall, based on whether the members were appointed

3-17  to advocate or oppose approval by the voters of the initiative,

3-18  referendum or other question, prepare an argument either

3-19  advocating or opposing approval by the voters of the

3-20  initiative, referendum or other question;

3-21      (e) Shall prepare a rebuttal to the argument prepared by

3-22  the other committee appointed pursuant to this section; [and]

3-23      (f) Shall address in the argument and rebuttal prepared

3-24  pursuant to paragraphs (d) and (e):

3-25          (1) The fiscal impact of the initiative, referendum or

3-26  other question;

3-27          (2) The environmental impact of the initiative,

3-28  referendum or other question; and

3-29          (3) The impact of the initiative, referendum or other

3-30  question on the public health, safety and welfare; and

3-31      (g) Shall submit the argument and rebuttal prepared

3-32  pursuant to paragraphs (d) , (e) and [(e)] (f) to the county

3-33  clerk not later than the date prescribed by the county clerk

3-34  pursuant to subsection [7.] 8.

3-35      [7.] 8. The county clerk of a county whose population is

3-36  [100,000] 40,000 or more shall provide, by rule or regulation:

3-37      (a) The maximum permissible length of an argument or

3-38  rebuttal prepared pursuant to this section; and

3-39      (b) The date by which an argument or rebuttal prepared

3-40  pursuant to this section must be submitted by the committee

3-41  to the county clerk.

3-42      [8.] 9. Upon receipt of an argument or rebuttal prepared

3-43  pursuant to this section, the county clerk:

3-44      (a) May consult with persons who are generally

3-45  recognized by a national or statewide organization as having

4-1  expertise in the field or area to which the initiative,

4-2  referendum or other question pertains; and

4-3  (b) Shall reject each statement in the argument or rebuttal

4-4  that he believes is libelous or factually inaccurate.

4-5  Not later than 5 days after the county clerk rejects a statement

4-6  pursuant to this subsection, the committee may appeal that

4-7  rejection to the district attorney. The district attorney shall

4-8  review the statement and the reasons for its rejection and may

4-9  receive evidence, documentary or testimonial, to aid him in

4-10  his decision. Not later than 3 business days after the appeal by

4-11  the committee, the district attorney shall issue his decision

4-12  rejecting or accepting the statement. The decision of the

4-13  district attorney is a final decision for the purposes of judicial

4-14  review.

4-15      [9.] 10. The county clerk shall place in the sample ballot

4-16  provided to the registered voters of the county each argument

4-17  and rebuttal prepared pursuant to this section, containing all

4-18  statements that were not rejected pursuant to subsection [8.]

4-19  9. The county clerk may revise the language submitted by the

4-20  committee so that it is clear, concise and suitable for

4-21  incorporation in the sample ballot, but shall not alter the

4-22  meaning or effect without the consent of the committee.

4-23      [10.] 11. In a county whose population is less than

4-24  [100,000:] 40,000:

4-25      (a) The board may appoint committees pursuant to this

4-26  section.

4-27      (b) If the board appoints committees pursuant to this

4-28  section, the county clerk shall provide for rules or regulations

4-29  pursuant to subsection [7.] 8.

4-30      12.  Except as otherwise provided in this subsection, if a

4-31  question is to be placed on the ballot by an entity described

4-32  in paragraph (b) or (c) of subsection 1, the entity must

4-33  provide a copy and explanation of the question to the county

4-34  clerk at least 30 days earlier than the date required for the

4-35  submission of such documents pursuant to subsection 1 of

4-36  NRS 293.481. This subsection does not apply to a question if

4-37  the date that the question must be submitted to the county

4-38  clerk is governed by subsection 2 of NRS 293.481.

4-39      Sec. 2.  Section 17 of Assembly Bill No. 425 of this session is

4-40  hereby amended to read as follows:

4-41      Sec. 17. NRS 338.1381 is hereby amended to read as

4-42  follows:

4-43      338.1381  1.  If, within 10 days after receipt of the

4-44  notice denying his application[,] pursuant to NRS 338.1379,

4-45  the applicant files a written request for a hearing with the

5-1  State Public Works Board or the governing body , [of the

5-2  local government,] the Board or governing body shall set

5-3  the matter for a hearing within [10] 20 days after receipt of

5-4  the request. The hearing must be held not later than [20] 45

5-5  days after the receipt of the request for a hearing.

5-6  2.  The hearing must be held at a time and place

5-7  prescribed by the Board or governing body. At least 10 days

5-8  before the date set for the hearing, the Board or governing

5-9  body shall serve the applicant with written notice of the

5-10  hearing. The notice may be served by personal delivery to the

5-11  applicant or by certified mail to the last known business or

5-12  residential address of the applicant.

5-13      3.  The Board or governing body shall issue a decision on

5-14  the matter within 5 days after the hearing and notify the

5-15  applicant, in writing, of its decision within [5] 15 days after it

5-16  is issued. The decision of the Board or governing body is a

5-17  final decision for purposes of judicial review.

5-18      Sec. 3.  Assembly Bill No. 542 of this session is hereby

5-19  amended by adding thereto a new section to be designated as sec.

5-20  26, immediately following sec. 25, to read as follows:

5-21      Sec. 26.  1.  This section and sections 21, 24 and 25 of

5-22  this act become effective upon passage and approval.

5-23      2.  Sections 1 to 20, inclusive, 22 and 23 of this act

5-24  become effective on October 1, 2003.

5-25      Sec. 4.  The title of Senate Bill No. 317 of this session is

5-26  hereby amended to read as follows:

5-27  AN ACT relating to incarcerated persons; requiring the

5-28  Department of Education to adopt regulations that establish a

5-29  statewide program of education for incarcerated persons and

5-30  to coordinate with and assist school districts in operating

5-31  programs of education for incarcerated persons; creating in

5-32  the State Treasury the Fund for Programs of Education for

5-33  Incarcerated Persons; authorizing school districts to operate

5-34  programs of education for incarcerated persons under certain

5-35  circumstances; providing procedures if a manager or warden

5-36  excludes from a facility or institution a person employed by a

5-37  school district to operate a program of education for

5-38  incarcerated persons in the facility or institution; authorizing

5-39  the University and Community College System of Nevada to

5-40  offer courses that lead to a postsecondary degree for

5-41  incarcerated persons; making various changes to provisions

5-42  relating to

6-1  credits against the sentence of an offender; revising the

6-2  provisions governing the manner in which prisoners may be

6-3  released from jail when the jail becomes overcrowded; and

6-4  providing other matters properly relating thereto.

6-5  Sec. 5.  Section 36 of Senate Bill No. 453 of this session is

6-6  hereby amended to read as follows:

6-7  Sec. 36. NRS 293B.084 is hereby amended to read as

6-8  follows:

6-9      293B.084  1.  A mechanical recording device which

6-10  directly records votes electronically must:

6-11      [1.] (a) Bear a number which identifies that mechanical

6-12  recording device.

6-13      [2.] (b) Be equipped with a storage device which:

6-14      [(a)] (1) Stores the ballots voted on the mechanical

6-15  recording device;

6-16      [(b)] (2) Can be removed from the mechanical recording

6-17  device for the purpose of transporting the ballots stored

6-18  therein to a central counting place; and

6-19      [(c)] (3) Bears the same number as the mechanical

6-20  recording device.

6-21      [3.] (c) Be designed in such a manner that voted ballots

6-22  may be stored within the mechanical recording device and the

6-23  storage device required pursuant to [subsection 2] paragraph

6-24  (b) at the same time.

6-25      [4.] (d) Provide a record printed on paper of:

6-26      [(a)] (1) Each ballot voted on the mechanical recording

6-27  device; and

6-28      [(b)] (2) The total number of votes recorded on the

6-29  mechanical recording device for each candidate and for or

6-30  against each measure.

6-31      2.  The paper record described in paragraph (d) of

6-32  subsection 1 must:

6-33      (a) Be printed and made available for a manual audit,

6-34  as necessary; and

6-35      (b) Be printed and serve as an official record for a

6-36  recount, as necessary.

6-37      Sec. 6.  1.  Sections 2, 3 and 19 of Senate Bill No. 281 of this

6-38  session are hereby repealed.

6-39      2.  Section 30 of Senate Bill No. 310 of this session is hereby

6-40  repealed.

6-41      Sec. 7.  This act becomes effective upon passage and approval.

 

7-1  TEXT OF REPEALED SECTIONS

 

7-2  Section 2 of Senate Bill No. 281 of this session:

7-3  Sec. 2.  NRS 633.181 is hereby amended to read as

7-4  follows:

7-5      633.181  The State Board of Osteopathic Medicine

7-6  consists of [five] seven members appointed by the Governor.

7-7  Section 3 of Senate Bill No. 281 of this session:

7-8  Sec. 3.  NRS 633.191 is hereby amended to read as

7-9  follows:

7-10      633.191  1.  [Four] Five members of the Board must:

7-11      (a) Be licensed under this chapter;

7-12      (b) Be actually engaged in the practice of osteopathic

7-13  medicine in this state; and

7-14      (c) Have been so engaged in this state for a period of

7-15  more than 5 years preceding their appointment.

7-16      2.  [The remaining member] Two members must be [a

7-17  resident] residents of the State of Nevada:

7-18      (a) Not licensed in any state to practice any healing art;

7-19  and

7-20      (b) Not actively engaged in the administration of any

7-21  medical facility or facility for the dependent as defined in

7-22  chapter 449 of NRS.

7-23      Section 19 of Senate Bill No. 281 of this session:

7-24      Sec. 19.  As soon as practicable after October 1, 2003,

7-25  the Governor shall appoint to the State Board of Osteopathic

7-26  Medicine pursuant to:

7-27      1.  Subsection 2 of NRS 633.191, one member whose

7-28  term expires on September 30, 2006.

7-29      2.  Subsection 1 of NRS 633.191, one member whose

7-30  term expires on September 30, 2007.

7-31      Section 30 of Senate Bill No. 310 of this session:

7-32      Sec. 30.  NRS 634A.030 is hereby amended to read as

7-33  follows:

7-34      634A.030  1.  The State Board of Oriental Medicine,

7-35  consisting of five members appointed by the Governor, is

7-36  hereby created.

7-37      2.  The Governor shall appoint to the Board:

7-38      (a) [Three] Two members who are licensed pursuant to

7-39  this chapter.

8-1  (b) One member who represents the interests of persons

8-2  or agencies that regularly provide health care to patients

8-3  who are indigent, uninsured or unable to afford health care.

8-4  This member may be licensed under the provisions of this

8-5  chapter.

8-6  (c) Two members who are representatives of the general

8-7  public. These members must not be:

8-8      (1) A doctor of Oriental medicine; or

8-9      (2) The spouse or the parent or child, by blood,

8-10  marriage or adoption, of a doctor of Oriental medicine.

8-11      3.  Each member of the Board shall, before entering upon

8-12  the duties of his office, take the oath of office prescribed by

8-13  the Constitution before someone qualified to administer

8-14  oaths.

 

8-15  H