Referred to Committee on Elections, Procedures, and Ethics
SUMMARY--Revises provisions for preparation and distribution of fiscal notes for constitutional amendments and statewide measures. (BDR 17-764)
FISCAL NOTE: Effect on Local Government: No.
Effect on the State or on Industrial Insurance: No.
EXPLANATION - Matter in italics is new; matter in brackets [ ] is material to be omitted.
AN ACT relating to elections; requiring fiscal notes for constitutional amendments and statewide measures proposed by initiative petitions to be prepared by the secretary of state upon consultation with the fiscal analysis division of the legislative counsel bureau; requiring the legislative counsel bureau to distribute copies of the fiscal notes for constitutional amendments and statewide measures to members of the legislature, public libraries, newspapers and broadcasters; providing other matters properly relating thereto.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
~^
Section 1 NRS 218.443 is hereby amended to read as follows:
218.443 1. As used in this section, "first committee of reference" means the committee to which a bill or joint resolution was first referred in the house of the legislature into which it was introduced.
2. Upon request from the first committee of reference, the legal , [and] research and fiscal analysis divisions of the legislative counsel bureau shall prepare, for any proposed constitutional amendment or statewide measure which, if approved by the legislature, would be submitted to a vote of the people:
(a) A condensation of the proposal into a question to be placed on the ballot; [and]
(b) An explanation of the proposal, including arguments for and against it [.] ; and
(c) A fiscal note for the proposal, including an explanation of any anticipated financial effects on state and local governments.
3. The condensation , [and] explanation and fiscal note must be of reasonable length and written in easily understood language.
4. After the bill or joint resolution has been approved by both houses of the legislature, the first committee of reference shall request the preparation of the condensation , [and] explanation [,] and fiscal note, if it has not already done so, and shall review the draft and approve such changes as it deems necessary.
5. The first committee of reference shall [then] submit the condensation [and explanation,] , explanation and fiscal note, in the form of a simple resolution, to the members of the house in which the proposed constitutional amendment or statewide measure was introduced. After that resolution is approved, it must be entered in the journal in its entirety and the enrolled resolution delivered to the secretary of state to accompany the bill or joint resolution to which it relates.
6. If the legislature adjourns before the procedures set forth in subsections 4 and 5 have been completed, the legislative commission shall review, revise and approve the condensation , [and] explanation and fiscal note for delivery to the secretary of state on or before April 1 of the year in which the general election is to be held.
7. In the case of a joint resolution which proposes a constitutional amendment, the condensation , [and] explanation and fiscal note must be treated in the same manner when the proposal is before the legislature for its second approval as when the proposal was first approved.
8. The legislative counsel bureau shall distribute copies of the condensations , [and] explanations and fiscal notes to members of the legislature, public libraries, newspapers and broadcasters.
Sec. 2. NRS 293.250 is hereby amended to read as follows:
293.250 1. The secretary of state shall, in a manner consistent with the election laws of this state, prescribe:
(a) The form of all ballots, absent ballots, diagrams, sample ballots, certificates, notices, declarations, applications to register to vote, lists, applications, pollbooks, registers, rosters, statements and abstracts required by the election laws of this state.
(b) The procedure to be followed when a computer is used to register voters and to keep records of registration.
2. [He] The secretary of state shall prescribe with respect to the matter to be printed on every kind of ballot:
(a) The placement and listing of all offices, candidates and measures upon which voting is statewide, which must be uniform throughout the state.
(b) The listing of all other candidates required to file with him, and the order of listing all offices, candidates and measures upon which voting is not statewide, from which each county or city clerk shall prepare appropriate ballot forms for use in any election in his county.
3. [He] The secretary of state shall place the condensation of each proposed constitutional amendment or statewide measure near the spaces or devices for indicating the voter's choice.
4. The fiscal note for and explanation of each proposed constitutional amendment or statewide measure, including arguments for and against it, must be included on all sample ballots.
5. The condensations and explanations for constitutional amendments and statewide measures proposed by initiative or referendum must be prepared by the secretary of state, upon consultation with the attorney general. [They] The fiscal notes for constitutional amendments and statewide measures proposed by initiative must be prepared by the secretary of state, upon consultation with the fiscal analysis division of the legislative counsel bureau. The condensations, explanations and fiscal notes must be in easily understood language and of reasonable length, and whenever feasible must be completed by [April] August 1 of the year in which the general election is to be held.
6. The names of candidates for township and legislative or special district offices must be printed only on the ballots furnished to voters of that township or district.
7. County and city clerks may divide paper ballots into two sheets in a manner which provides a clear understanding and grouping of all measures and candidates.
Sec. 3. NRS 293.253 is hereby amended to read as follows:
293.253 1. The secretary of state shall provide each county clerk with copies of any proposed constitution, constitutional amendment or statewide measure which will appear on the general election ballot, together with the copies of the condensations, explanations and fiscal notes prepared pursuant to NRS [218.276,] 218.443 and 293.250.
2. Whenever feasible, he shall provide [these] those copies on or before the first Monday in August of the year in which the proposals will appear on the ballot. Copies of any additional proposals must be provided as soon after their filing as feasible.
3. Each county clerk shall cause a copy of the full text of any such constitution, amendment or measure and its condensation, explanation, including arguments for and against it, and fiscal note to be published, in conspicuous display advertising format of not less than 10 column inches, in a newspaper of general circulation in the county three times at intervals of not less than 7 days, the first publication to be on or before the first Monday in October. If no such newspaper is published in the county, [then] the publication may be made in a newspaper of general circulation published in the nearest Nevada county.
4. [When] If a copy is furnished by the secretary of state too late to be published at 7-day intervals, it must be published three times at the longest intervals feasible in each county.
5. The portion of the cost of publication which is attributable to publishing the questions, explanations and fiscal notes of proposed constitutions, constitutional amendments or statewide measures is a charge against the state and must be paid from the reserve for statutory contingency account upon recommendation by the secretary of state and approval by the state board of examiners.
Sec. 4. NRS 293B.205 is hereby amended to read as follows:
293B.205 1. The officers charged with the duty of providing ballots for any polling place shall provide the polling place with two sample ballots, which must be arranged in the form of:
(a) A booklet or full sheet of paper printed to display a facsimile of the page or several pages which constitute the list of offices and candidates and the statements of measures to be voted on which will be in use at that election; or
(b) A diagram showing that part of the face of the mechanical recording device which will be used at that election containing the list of offices and candidates and the statements of measures to be voted on.
2. All sample ballots must include:
(a) The fiscal note, as provided pursuant to NRS [218.276,] 218.443 or 293.250 for each proposed constitutional amendment or statewide measure.
(b) An explanation, as provided pursuant to NRS 218.443, of each proposed constitutional amendment or statewide measure, including arguments for and against it.
(c) The full text of each proposed constitutional amendment.
Sec. 5. NRS 218.276 is hereby repealed.
TEXT OF REPEALED SECTION
218.276 Review of fiscal note by legislative commission; time for providing fiscal note to secretary of state.
1. The legislative commission shall review each fiscal note prepared by the fiscal analysis division for each proposed constitutional amendment or statewide measure and approve such changes as it deems necessary.
2. The fiscal analysis division shall provide the secretary of state with the fiscal notes on or before April 1 of the year in which the general election is to be held.