ASSEMBLY ACTION Initial and Date |SENATE ACTION Initial and Date
Adopted Lost | Adopted Lost
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Receded Not | Receded Not
Amend the bill as a whole by deleting sections 2 and 3 and adding new sections designated sections 2 and 3, following section 1, to read as follows:
“Sec. 2. NRS 293.481 is hereby amended to read as follows:
293.481 1. Except as otherwise provided in subsection 2 or NRS 295.121 or 295.217, every governing body of a political subdivision, public or quasi-public corporation, or other local agency authorized by law to submit questions to the qualified electors or registered voters of a designated territory, when the governing body decides to submit a question:
(a) At a general election, shall provide [a copy of the question, including an explanation of and arguments for and against the question,] to each county clerk within the designated territory on or before the third Monday in July preceding the election [.] :
(1) A copy of the question, including an explanation of the question;
(2) Arguments for and against the question; and
(3) If the question is an advisory question that proposes a bond, tax, fee or expense, a fiscal note prepared by the governing body in accordance with subsection 4 of NRS 293.482.
(b) At a primary election, shall provide [a copy of the question, including an explanation of and arguments for and against the question,] to each county clerk within the designated territory on or before the third Monday in May preceding the election [.] :
(1) A copy of the question, including an explanation of the question;
(2) Arguments for and against the question; and
(3) If the question is an advisory question that proposes a bond, tax, fee or expense, a fiscal note prepared by the governing body in accordance with subsection 4 of NRS 293.482.
(c) At any election other than a primary or general election at which the county clerk gives notice of the election or otherwise performs duties in connection therewith other than the registration of electors and the making of records of registered voters available for the election, shall provide [a copy of the question, including an explanation of and arguments for and against the question,] to each county clerk at least 60 days before the election [.] :
(1) A copy of the question, including an explanation of the question;
(2) Arguments for and against the question; and
(3) If the question is an advisory question that proposes a bond, tax, fee or expense, a fiscal note prepared by the governing body in accordance with subsection 4 of NRS 293.482.
(d) At any city election at which the city clerk gives notice of the election or otherwise performs duties in connection therewith, shall provide [a copy of the question, including an explanation of and arguments for and against the question,] to the city clerk at least 60 days before the election [.] :
(1) A copy of the question, including an explanation of the question;
(2) Arguments for and against the question; and
(3) If the question is an advisory question that proposes a bond, tax, fee or expense, a fiscal note prepared by the governing body in accordance with subsection 4 of NRS 293.482.
2. A question may be submitted after the dates specified in subsection 1 if the question is expressly privileged or required to be submitted pursuant to the provisions of Article 19 of the Constitution of the State of Nevada, or pursuant to the provisions of chapter 295 of NRS or any other statute except NRS 293.482, 354.59817, 354.5982, 387.3285 or 387.3287 or any statute that authorizes the governing body to issue bonds upon the approval of the voters.
3. A county or city clerk may charge any political subdivision, public or quasi-public corporation or other local agency which submits a question a reasonable fee sufficient to pay for the increased costs incurred in including the question, explanation , [and] arguments and fiscal note on the ballot.
Sec. 3. NRS 293.482 is hereby amended to read as follows:
293.482 1. The governing body of [any] a county or city may, at any general election or general city election, ask the advice of the registered voters within its jurisdiction on any question which it has under consideration . [by adopting] No other political subdivision, public or quasi-public corporation or other local agency may ask the advice of the registered voters within its jurisdiction on any question which it has under consideration.
2. To place an advisory question on the ballot at a general election or general city election, the governing body of a county or city must:
(a) Adopt a resolution [which:
(a) Except as otherwise provided in NRS 295.121 and 295.217, sets forth the advisory question, including an] that:
(1) Sets forth:
(I) The question, in language indicating clearly that the question is advisory only;
(II) An explanation of [and arguments] the question;
(III) Except as otherwise provided in NRS 295.121 and 295.217, arguments for and against the question [, to be submitted to the voters; and
(b)]; and
(IV) If the question is an advisory question that proposes a bond, tax, fee or expense, a fiscal note prepared by the governing body in accordance with subsection 4; and
(2) States that the result of the voting on the question does not place any legal requirement on the governing body , any member of the governing body or any officer of the political subdivision [.
2.]; and
(b) Comply with the requirements of paragraph (a) or (d) of subsection 1 of NRS 293.481.
3. A governing body may, at any general election, ask the advice of the registered voters of part of its territory if:
(a) The advisory question to be submitted affects only that part of its territory; and
(b) The resolution adopted pursuant to subsection [1] 2 sets forth the boundaries of the area in which the advice of the registered voters will be asked.
4. With respect to a fiscal note that is required in connection with an advisory question:
(a) If, in the advisory question, the governing body seeks advice on whether bonds should be issued, the fiscal note must include any information that is required by law to be included on the sample ballot pursuant to the provisions of law that govern the procedure for issuance of the applicable type of bond.
(b) If, in the advisory question, the governing body seeks advice on whether a limitation upon revenue from taxes ad valorem should be exceeded, the fiscal note must include any information that is required by law to be included on the sample ballot pursuant to the provisions of law that govern the procedure for exceeding that limitation.
(c) If, in the advisory question, the governing body seeks advice on whether a tax other than a property tax described in paragraph (b) should be levied, the fiscal note must:
(1) Identify the average annual cost that is expected to be incurred by the affected taxpayers if the tax were to be levied;
(2) Specify the period over which the tax is proposed to be levied;
(3) Disclose whether, in connection with the levy of the tax, revenue bonds are to be sold which will be backed by the full faith and credit of the assessed value of the applicable local government; and
(4) If applicable, specify whether, in connection with or following the levy of the tax, additional expenses are expected to be incurred to pay for the operation or maintenance of any program or service to be provided from the proceeds of the tax or to pay for the operation or maintenance of any building, equipment, facility, machinery, property, structure, vehicle or other thing of value to be purchased, improved or repaired with the proceeds of the tax.
(d) If, in the advisory question, the governing body seeks advice on whether a fee should be imposed, the fiscal note must:
(1) Identify the average annual cost that is expected to be incurred by the affected users if the fee were to be imposed;
(2) Specify the period over which the fee is proposed to be imposed; and
(3) If applicable, specify whether, in connection with or following the imposition of the fee, additional expenses are expected to be incurred to pay for the program or service to be provided from the proceeds of the fee or to pay for the operation or maintenance of any building, equipment, facility, machinery, property, structure, vehicle or other thing of value to be purchased, improved or repaired with the proceeds of the fee.
(e) If, in the advisory question, the governing body seeks advice on whether the applicable local government should incur an expense, the fiscal note must:
(1) Identify the source of revenue that will be used to pay the expense;
(2) Disclose whether it is expected that the incurring of the expense will require the levy or imposition of a new tax or fee or the increase of an existing tax or fee; and
(3) If a tax or fee is proposed to be levied or imposed or increased to pay the expense, contain the information required pursuant to paragraph (c) or (d), as applicable.
5. On the sample ballot for the general election or general city election, each advisory question must appear:
(a) With a title in substantially the following form: “Advisory Ballot Question No. ....”; and
(b) With its explanation, arguments and, if required, fiscal note.
6. The Committee on Local Government Finance shall prepare sample advisory ballot questions to demonstrate, for each situation enumerated in paragraphs (a) to (e), inclusive, of subsection 4, examples of the manner in which fiscal notes should be prepared.”.
Amend sec. 4, page 4, line 34, by deleting:
“293.481, 293.482 or 295.121,” and inserting:
“293.481 or 293.482,”.
Amend sec. 6, page 7, line 5, by deleting:
“293.481, 293.482 or 295.217,” and inserting:
“293.481 or 293.482,”.
Amend sec. 7, page 7, by deleting lines 34 and 35 and inserting:
“295.121 1. In a county whose population is [100,000] 40,000 or more, for each initiative, referendum or other question to be”.
Amend sec. 7, page 8, by deleting lines 26 and 27 and inserting:
“5. If the board of a county whose population is [100,000] 40,000 or more fails to appoint a committee as required pursuant to this”.
Amend sec. 7, page 8, by deleting lines 36 through 45 and inserting:
“referendum or other question,] prepare an argument either advocating or opposing approval by the voters of the initiative, referendum or other question[;] , based on whether the members were appointed to advocate or oppose approval by the voters of the initiative, referendum or other question;”.
Amend sec. 7, page 9, line 3, by deleting:
“, fiscal note”.
Amend sec. 7, page 9, by deleting lines 6 and 7 and inserting:
“7. The county clerk of a county whose population is [100,000] 40,000 or more shall provide, by rule or regulation:”.
Amend sec. 7, page 9, lines 8 and 9, by deleting:
“, fiscal note”.
Amend sec. 7, page 9, line 10, by deleting:
“, fiscal note”.
Amend sec. 7, page 9, line 13, by deleting:
“, fiscal note”.
Amend sec. 7, page 9, line 19, by deleting:
“, fiscal note”.
Amend sec. 7, page 9, line 31, by deleting:
“, fiscal note”.
Amend sec. 7, page 9, by deleting lines 38 through 42 and inserting:
“10. In a county whose population is less than [100,000:]40,000:
(a) The board may appoint committees pursuant to this section.
(b) If the board appoints committees pursuant to this section, the county clerk shall provide for rules or regulations pursuant to subsection 7.”.
Amend sec. 8, page 9, by deleting lines 44 and 45 and inserting:
“295.217 1. In a city whose population is [60,000] 10,000 or more, for each initiative, referendum or other question to be placed”.
Amend sec. 8, page 10, line 2, by deleting “consultation ,” and inserting “consultation”.
Amend sec. 8, page 10, by deleting line 36 and inserting:
“5. If the council of a city whose population is [60,000] 10,000 or more”.
Amend sec. 8, page 11, by deleting lines 3 through 12 and inserting:
“referendum or other question,] prepare an argument either advocating or opposing approval by the voters of the initiative, referendum or other question[;] , based on whether the members were appointed to advocate or oppose approval by the voters of the initiative, referendum or other question;”.
Amend sec. 8, page 11, line 15, by deleting:
“, fiscal note”.
Amend sec. 8, page 11, by deleting line 18 and inserting:
“7. The city clerk of a city whose population is [60,000] 10,000 or more”.
Amend sec. 8, page 11, lines 20 and 21, by deleting:
“, fiscal note”.
Amend sec. 8, page 11, line 22, by deleting:
“, fiscal note”.
Amend sec. 8, page 11, line 25, by deleting:
“, fiscal note”.
Amend sec. 8, page 11, line 31, by deleting:
“, fiscal note”.
Amend sec. 8, page 12, line 2, by deleting:
“, fiscal note”.
Amend sec. 8, page 12, by deleting lines 8 through 12 and inserting:
“10. In a city whose population is less than [60,000:]10,000:
(a) The council may appoint committees pursuant to this section.
(b) If the council appoints committees pursuant to this section, the city clerk shall provide for rules or regulations pursuant to subsection 7.”.
Amend the title of the bill to read as follows:
“AN ACT relating to elections; requiring advisory questions to be specifically identified as such on the ballot and sample ballot; setting forth the order in which advisory questions must be listed on a ballot; restricting the entities that may submit an advisory question for appearance on a ballot for a general election or general city election; requiring that advisory questions be accompanied by a fiscal note if the particular advisory question pertains to certain topics relating to bonds, taxes, fees and expenses; setting forth the required contents of a fiscal note; requiring the Committee on Local Government Finance to prepare certain sample advisory ballot questions to demonstrate the preparation of required fiscal notes; and providing other matters properly relating thereto.”.
Amend the summary of the bill to read as follows:
“SUMMARY—Makes various changes to provisions governing advisory questions appearing on ballot. (BDR 24‑250)”.