Assembly Bill No. 428–Assemblymen Hettrick, Knecht, Angle, Beers, Brown, Goicoechea, Grady, Griffin, Gustavson, Hardy, Mabey, Marvel, Sherer and Weber

 

March 17, 2003

____________

 

Referred to Committee on Government Affairs

 

SUMMARY—Imposes certain requirements relating to adoption or amendment of master plan of county or city. (BDR 22‑1275)

 

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 land use planning; providing that certain findings must be included within or otherwise accompany the adoption or amendment by the governing body of a county or city of a master plan or part thereof; imposing related requirements with respect to city and county initiatives and referenda; requiring a city or county to hold a public meeting for presentation of such findings with respect to such initiatives and referenda; 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. NRS 278.220 is hereby amended to read as follows:

1-2  278.220  Except as otherwise provided in subsection 4 of

1-3  NRS 278.150:

1-4  1.  Upon receipt of a certified copy of the master plan, or of any

1-5  part thereof, as adopted by the planning commission, the governing

1-6  body may adopt such parts thereof as may practicably be applied to

1-7  the development of the city, county or region for a reasonable period

1-8  of time next ensuing.

2-1  2.  The parts must thereupon be endorsed and certified as

2-2  master plans thus adopted for the territory covered, and are hereby

2-3  declared to be established to conserve and promote the public

2-4  health, safety and general welfare.

2-5  3.  Before adopting any master plan or any part thereof, or any

2-6  amendment, extension or addition thereof, the governing body

2-7  shall [hold] :

2-8  (a) Hold at least one public hearing thereon, notice of the time

2-9  and place of which must be published at least once in a newspaper

2-10  of general circulation in the city or counties at least 10 days before

2-11  the day of hearing[.] ; and

2-12      (b) Make findings setting forth the need for the adoption or

2-13  amendment of the master plan or any part thereof. The findings

2-14  must include, without limitation:

2-15          (1) An explanation of the manner in which the health,

2-16  safety and welfare of the residents of the city or county, as

2-17  applicable, will be promoted or enhanced by the adoption or

2-18  amendment of the master plan or part thereof;

2-19          (2) The manner in which the financial and environmental

2-20  resources that are available to the city or county, as applicable,

2-21  will be affected by the adoption or amendment of the master plan

2-22  or part thereof; and

2-23          (3) With respect to the adoption or amendment of a part of

2-24  the master plan, the anticipated effect of the adoption or

2-25  amendment on the objectives, policies and programs of the entire

2-26  master plan.

2-27      4.  No change in or addition to the master plan or any part

2-28  thereof, or any amendment, extension or addition thereof, as

2-29  adopted by the planning commission, may be made by the

2-30  governing body in adopting the same until the proposed change or

2-31  addition has been referred to the planning commission for a report

2-32  thereon and an attested copy of the report has been filed with the

2-33  governing body. Failure of the planning commission so to report

2-34  within 40 days, or such longer period as may be designated by the

2-35  governing body, after such reference shall be deemed to be approval

2-36  of the proposed change or addition.

2-37      Sec. 2.  Chapter 295 of NRS is hereby amended by adding

2-38  thereto the provisions set forth as sections 3 and 4 of this act.

2-39      Sec. 3.  If an initiative or referendum proposes to adopt or

2-40  amend, in whole or in part, the master plan of a county, or would

2-41  have the effect of changing a portion of the master plan, the board

2-42  shall hold a public meeting at which the proponents of the

2-43  initiative or referendum may present the findings required

2-44  pursuant to subparagraph (2) of paragraph (d) of subsection 1 of

2-45  NRS 295.095.

3-1  Sec. 4.  If an initiative or referendum proposes to adopt or

3-2  amend, in whole or in part, the master plan of a city, or would

3-3  have the effect of changing a portion of the master plan, the

3-4  council shall hold a public meeting at which the proponents of the

3-5  initiative or referendum may present the findings required

3-6  pursuant to subparagraph (2) of paragraph (d) of subsection 1 of

3-7  NRS 295.205.

3-8  Sec. 5.  NRS 295.075 is hereby amended to read as follows:

3-9  295.075  As used in NRS 295.075 to 295.125, inclusive, and

3-10  section 3 of this act, unless the context otherwise requires, “board”

3-11  means the board of county commissioners.

3-12      Sec. 6.  NRS 295.095 is hereby amended to read as follows:

3-13      295.095  1.  Any five registered voters of the county may

3-14  commence initiative or referendum proceedings by filing with the

3-15  county clerk an affidavit [stating] :

3-16      (a) Stating they will constitute the petitioners’ committee and

3-17  will be responsible for circulating the petition and filing it in proper

3-18  form[, stating] ;

3-19      (b) Stating their names and addresses [and specifying] ;

3-20      (c) Specifying the address to which all notices to the committee

3-21  are to be sent[, and setting] ; and

3-22      (d) Setting out in full [the] :

3-23          (1) The proposed initiative ordinance or citing the ordinance

3-24  sought to be reconsidered[.] ; and

3-25          (2) If the initiative or referendum proposes to adopt or

3-26  amend, in whole or in part, the master plan of the county, or

3-27  would have the effect of changing a portion of the master plan, the

3-28  findings described in paragraph (b) of subsection 3 of

3-29  NRS 278.220.

3-30      2.  Initiative petitions must be signed by a number of registered

3-31  voters of the county equal to 15 percent or more of the number of

3-32  voters who voted at the last preceding general election in the county.

3-33      3.  Referendum petitions must be signed by a number of

3-34  registered voters of the county equal to 10 percent or more of the

3-35  number of voters who voted at the last preceding general election in

3-36  the county.

3-37      4.  A petition must be submitted to the county clerk for

3-38  verification, pursuant to NRS 295.250 to 295.290, inclusive, not

3-39  later than:

3-40      (a) One hundred and eighty days after the date that the affidavit

3-41  required by subsection 1 is filed with the county clerk; or

3-42      (b) One hundred and thirty days before the election,

3-43  whichever is earlier.

3-44      5.  A petition may consist of more than one document, but all

3-45  documents of a petition must be uniform in size and style, numbered

4-1  and assembled as one instrument for submission. Each signature

4-2  must be executed in ink or indelible pencil and followed by the

4-3  address of the person signing and the date on which he signed

4-4  the petition. All signatures on a petition must be obtained within the

4-5  period specified in subsection 4. Each document must contain, or

4-6  have attached thereto throughout its circulation, the full text of the

4-7  ordinance proposed or sought to be reconsidered[.] and, if

4-8  applicable, the findings required pursuant to subparagraph (2) of

4-9  paragraph (d) of subsection 1.

4-10      6.  Each document of a petition must have attached to it when

4-11  submitted an affidavit executed by the circulator thereof stating:

4-12      (a) That he personally circulated the document;

4-13      (b) The number of signatures thereon;

4-14      (c) That all the signatures were affixed in his presence;

4-15      (d) That he believes them to be genuine signatures of the

4-16  persons whose names they purport to be; and

4-17      (e) That each signer had an opportunity before signing to read

4-18  the full text of the ordinance proposed or sought to be reconsidered.

4-19      7.  The county clerk shall issue a receipt to any person who

4-20  submits a petition pursuant to this section. The receipt must set forth

4-21  the number of:

4-22      (a) Documents included in the petition;

4-23      (b) Pages in each document; and

4-24      (c) Signatures that the person declares are included in the

4-25  petition.

4-26      Sec. 7.  NRS 295.195 is hereby amended to read as follows:

4-27      295.195  As used in NRS 295.195 to 295.220, inclusive, and

4-28  section 4 of this act, unless the context otherwise requires:

4-29      1.  “City” means an incorporated city.

4-30      2.  “Council” means the governing body of a city.

4-31      Sec. 8.  NRS 295.205 is hereby amended to read as follows:

4-32      295.205  1.  Any five registered voters of the city may

4-33  commence initiative or referendum proceedings by filing with the

4-34  city clerk an affidavit:

4-35      (a) Stating they will constitute the petitioners’ committee and

4-36  will be responsible for circulating the petition and filing it in proper

4-37  form;

4-38      (b) Stating their names and addresses;

4-39      (c) Specifying the address to which all notices to the committee

4-40  are to be sent; and

4-41      (d) Setting out in full [the] :

4-42          (1) The proposed initiative ordinance or citing the ordinance

4-43  sought to be reconsidered[.] ; and

4-44          (2) If the initiative or referendum proposes to adopt or

4-45  amend, in whole or in part, the master plan of the city, or would

5-1  have the effect of changing a portion of the master plan, the

5-2  findings described in paragraph (b) of subsection 3 of

5-3  NRS 278.220.

5-4  2.  Initiative petitions must be signed by a number of registered

5-5  voters of the city equal to 15 percent or more of the number of

5-6  voters who voted at the last preceding city election.

5-7  3.  Referendum petitions must be signed by a number of

5-8  registered voters of the city equal to 10 percent or more of the

5-9  number of voters who voted at the last preceding city election.

5-10      4.  A petition must be submitted to the city clerk for

5-11  verification, pursuant to NRS 295.250 to 295.290, inclusive, not

5-12  later than:

5-13      (a) One hundred and eighty days after the date that the affidavit

5-14  required by subsection 1 is filed with the city clerk; or

5-15      (b) One hundred and thirty days before the election,

5-16  whichever is earlier.

5-17      5.  A petition may consist of more than one document, but all

5-18  documents of a petition must be uniform in size and style, numbered

5-19  and assembled as one instrument for submission. Each signature

5-20  must be executed in ink or indelible pencil and followed by the

5-21  address of the person signing and the date on which he signed

5-22  the petition. All signatures on a petition must be obtained within the

5-23  period specified in subsection 4. Each document must contain, or

5-24  have attached thereto throughout its circulation, the full text of the

5-25  ordinance proposed or sought to be reconsidered[.] and, if

5-26  applicable, the findings required pursuant to subparagraph (2) of

5-27  paragraph (d) of subsection 1.

5-28      6.  Each document of a petition must have attached to it when

5-29  submitted an affidavit executed by the circulator thereof stating:

5-30      (a) That he personally circulated the document;

5-31      (b) The number of signatures thereon;

5-32      (c) That all the signatures were affixed in his presence;

5-33      (d) That he believes them to be genuine signatures of the

5-34  persons whose names they purport to be; and

5-35      (e) That each signer had an opportunity before signing to read

5-36  the full text of the ordinance proposed or sought to be reconsidered.

5-37      7.  The city clerk shall issue a receipt to any person who

5-38  submits a petition pursuant to this section. The receipt must set forth

5-39  the number of:

5-40      (a) Documents included in the petition;

5-41      (b) Pages in each document; and

5-42      (c) Signatures that the person declares are included in the

5-43  petition.

 

 

6-1  Sec. 9.  This act becomes effective on July 1, 2003.

 

6-2  H