Senate Bill No. 309–Senators McGinness and Titus

 

March 17, 2003

____________

 

Referred to Committee on Government Affairs

 

SUMMARY—Makes various changes concerning support for participatory democracy. (BDR 18‑1167)

 

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 democracy; establishing the Advisory Committee on Participatory Democracy within the Office of the Secretary of State; prescribing its powers and duties; requiring certain reports to the 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.  The Legislature hereby declares that it is committed

1-2  to working with election officers and agencies throughout the State

1-3  and the Advisory Committee on Participatory Democracy to

1-4  achieve, by the 2008 general election, the goals of having 75 percent

1-5  of all eligible voters in the State registered and having 70 percent of

1-6  those registered voters participate in the general election.

1-7  Sec. 2.  Chapter 225 of NRS is hereby amended by adding

1-8  thereto the provisions set forth as sections 3 to 10, inclusive, of this

1-9  act.

1-10      Sec. 3.  As used in sections 3 to 10, inclusive, of this act,

1-11  unless the context otherwise requires, the words and terms defined

1-12  in sections 4, 5 and 6 of this act have the meanings ascribed to

1-13  them in those sections.

1-14      Sec. 4.  “Advisory Committee” means the Advisory

1-15  Committee on Participatory Democracy created by section 7 of this

1-16  act.

2-1  Sec. 5.  “Participatory democracy” means the participation of

2-2  residents of this state in the development of public policy and in

2-3  the improvement of the operation of government at all levels.

2-4  Sec. 6.  “Repository” means the Repository for Records

2-5  concerning Programs, Activities and Events Related to the

2-6  Participation of Citizens in the Development of Public Policy and

2-7  the Improvement of the Operation of Government created by

2-8  NRS 378.400.

2-9  Sec. 7.  1.  The Advisory Committee on Participatory

2-10  Democracy is hereby created within the Office of the Secretary of

2-11  State.

2-12      2.  The Advisory Committee consists of 10 members

2-13  including:

2-14      (a) The Secretary of State or his designee; and

2-15      (b) Nine other members appointed by the Secretary of State.

2-16      3.  The Secretary of State shall:

2-17      (a) Consider political, geographical and demographical factors

2-18  when appointing members of the Advisory Committee;

2-19      (b) Select the Chairman of the Advisory Committee from

2-20  among its members; and

2-21      (c) Designate an employee of the Office of the Secretary of

2-22  State to serve as Secretary for the Advisory Committee.

2-23      4.  The Secretary of State may assign such other employees of

2-24  his Office as he deems necessary to assist the Advisory Committee

2-25  in its duties.

2-26      5.  The Chairman of the Advisory Committee shall appoint a

2-27  Vice Chairman from among the members of the Advisory

2-28  Committee.

2-29      6.  After the initial term, each member of the Advisory

2-30  Committee shall serve for a term of 3 years. Each member of the

2-31  Advisory Committee serves at the pleasure of the Secretary of

2-32  State. If a vacancy occurs, the Secretary of State shall appoint a

2-33  new member to fill the vacancy for the remainder of the unexpired

2-34  term.

2-35      7.  Members of the Advisory Committee serve without

2-36  compensation. If sufficient money is available in the Special

2-37  Account for the Support of the Advisory Committee created by

2-38  section 10 of this act, members are entitled to the per diem and

2-39  travel allowances provided for state officers and employees

2-40  generally while attending meetings of the Advisory Committee.

2-41      Sec. 8.  The Advisory Committee shall:

2-42      1.  Advise the Director of the Department of Cultural Affairs

2-43  concerning the Repository and make recommendations to support

2-44  greater use of the Repository and collection of materials for the

2-45  Repository;

3-1  2.  Assist the Secretary of State in identifying and proposing

3-2  programs that support participatory democracy and solutions to

3-3  any problem concerning the level of participatory democracy,

3-4  including, without limitation, proposing methods to involve the

3-5  news media in the process of addressing and proposing solutions

3-6  to such a problem;

3-7  3.  Make recommendations to and discuss recommendations

3-8  with the Secretary of State concerning matters brought to the

3-9  attention of the Advisory Committee that relate to a program,

3-10  activity, event or any combination thereof designed to increase or

3-11  facilitate participatory democracy, including, without, limitation,

3-12  the interaction of citizens with governing bodies in the

3-13  formulation and implementation of public policy;

3-14      4.  Establish a “Jean Ford Democracy Award” to honor

3-15  citizens who perform exemplary service in promoting participatory

3-16  democracy in this state;

3-17      5.  Support projects by national, state and local entities that

3-18  encourage and advance participatory democracy, including

3-19  programs established by the National Conference of State

3-20  Legislatures, the State Bar of Nevada, and other public and

3-21  private organizations; and

3-22      6.  Advise the Secretary of State and the Governor concerning

3-23  the substance of any proclamation issued by the Governor

3-24  pursuant to NRS 236.035.

3-25      Sec. 9.  1.  The Advisory Committee shall hold meetings at

3-26  least once every 3 months. A special meeting of the Advisory

3-27  Committee may be called by the Secretary of State and the

3-28  Chairman of the Advisory Committee at such additional times as

3-29  they deem necessary.

3-30      2.  The Chairman of the Advisory Committee or, in his

3-31  absence, the Vice Chairman of the Advisory Committee, shall

3-32  preside at each meeting of the Advisory Committee. Six members

3-33  of the Advisory Committee constitute a quorum.

3-34      Sec. 10.  1.  The Secretary of State may apply for any

3-35  available grants and accept any gifts, grants or donations for the

3-36  support of the Advisory Committee and its activities pursuant to

3-37  sections 3 to 10, inclusive, of this act.

3-38      2.  Any money received pursuant to this section must be

3-39  deposited in the Special Account for the Support of the Advisory

3-40  Committee, which is hereby created in the State General Fund.

3-41  Interest and income earned on money in the Account must be

3-42  credited to the Account. Money in the Account may only be used

3-43  for the support of the Advisory Committee and its activities

3-44  pursuant to sections 3 to 10, inclusive, of this act.

 

4-1  Sec. 11.  NRS 378.400 is hereby amended to read as follows:

4-2  378.400  1.  The Repository for Records Concerning

4-3  Programs, Activities and Events Related to the Participation of

4-4  Citizens in the Development of Public Policy and the Improvement

4-5  of the Operation of Government is hereby created within the

4-6  Department.

4-7  2.  The Director shall receive, store and maintain in the

4-8  Repository and make available to members of the public materials,

4-9  information and records submitted to the Department:

4-10      (a) In response to a proclamation issued pursuant to NRS

4-11  236.035; or

4-12      (b) By the Federal Government, any state or local government

4-13  or any political subdivision thereof reporting the results of an action

4-14  taken to increase the extent and quality of the participation of

4-15  citizens in the development of public policy and the improvement of

4-16  the operation of government.

4-17      3.  To maintain and develop the Repository, the Director may:

4-18      (a) Apply for any available grants and accept any gifts, grants or

4-19  donations; and

4-20      (b) Delegate his powers and duties to any person within the

4-21  Department . [; and

4-22      (c) Create and appoint an Advisory Committee.

4-23      4.  An Advisory Committee created pursuant to this section

4-24  must be created by a regulation adopted in accordance with the

4-25  provisions of chapter 233B of NRS. The regulation must specify

4-26  the:

4-27      (a) Membership of the Committee;

4-28      (b) Purpose for which the Committee is created;

4-29      (c) Duties of the Committee;

4-30      (d) Period of existence of the Committee; and

4-31      (e) Rules for the governance of the Committee.

4-32      5.  An]

4-33      4.  The Advisory Committee created [pursuant to this section]

4-34  by section 7 of this act may advise the Director on matters

4-35  concerning the Repository, including, without limitation:

4-36      (a) The coordination of public agencies concerning programs,

4-37  activities or events designed to increase the extent and quality of the

4-38  participation of the residents of this state in the development of

4-39  public policy and the improvement of the operation of government

4-40  at all levels;

4-41      (b) The assistance of public agencies in developing such

4-42  programs, activities and events;

4-43      (c) The development of effective ways to provide information

4-44  contained in the Repository to members of the public; and

5-1  (d) Recommended programs that demonstrate the effective

5-2  methods by which residents of this state may participate in the

5-3  development of public policy and the improvement of the operations

5-4  of government at all levels.

5-5  [6.  The members of an Advisory Committee created pursuant

5-6  to this section serve without compensation unless an appropriation

5-7  or other money for that purpose is provided by the Legislature.]

5-8  Sec. 12.  1.  Each local school district, with the assistance of

5-9  the State Board of Education, the Board of Regents of the

5-10  University of Nevada, the Commission on Professional Standards in

5-11  Education and the Nevada P-16 Council, shall prepare a report for

5-12  the 73rd Session of the Legislature which contains:

5-13      (a) An evaluation of the efforts currently in progress to

5-14  implement standards for the social studies curriculum being offered

5-15  in Nevada schools, particularly in the area of civics and the skills

5-16  and values of citizenship;

5-17      (b) A clear statement of the assessment standards that have been

5-18  established to judge the educational progress of pupils in

5-19  understanding civics and the skills and values of citizenship; and

5-20      (c) A comparison of how the achievement of Nevada pupils in

5-21  developing such understanding and skills compares with standards

5-22  developed nationally to measure the effectiveness of civics

5-23  education.

5-24      2.  The State Board of Education shall consider and develop a

5-25  recommendation to the 73rd Session of the Legislature concerning

5-26  whether all teachers of kindergarten through 12th grade should be

5-27  required to complete a course in participatory democracy as a

5-28  condition of obtaining a license as a teacher.

5-29      Sec. 13.  1.  The Secretary of State shall appoint the members

5-30  of the Advisory Committee on Participatory Democracy as soon as

5-31  practicable after October 1, 2003. Members of the Advisory

5-32  Committee on Participatory Democracy that was created by NRS

5-33  378.400, except the Director of the Department of Cultural Affairs,

5-34  continue to serve on that Committee until new members are

5-35  appointed by the Secretary of State.

5-36      2.  The members of the Advisory Committee on Participatory

5-37  Democracy must be appointed to serve initial terms as follows:

5-38      (a) Three of the members must be appointed to serve a term of 3

5-39  years;

5-40      (b) Three of the members must be appointed to serve a term of 2

5-41  years; and

5-42      (c) Three of the members must be appointed to serve a term of 1

5-43  year.

 

5-44  H