Assembly Bill No. 552–Committee on Judiciary

 

CHAPTER..........

 

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,

1-17  the board shall, in consultation with the county clerk pursuant

1-18  to subsection [4,] 5, appoint two committees. Except as

1-19  otherwise provided in subsection 2, one committee must be

1-20  composed of three persons who favor approval by the voters

1-21  of the initiative, referendum or other question and the other

1-22  committee must be composed of three persons who oppose

1-23  approval by the voters of the initiative, referendum or other

1-24  question.

1-25      2.  If, after consulting with the county clerk pursuant to

1-26  subsection [4,] 5, the board is unable to appoint three persons

1-27  who are willing to serve on a committee, the board may

1-28  appoint fewer than three persons to that committee, but the

1-29  board must appoint at least one person to each committee

1-30  appointed pursuant to this section.

1-31      3.  With respect to a committee appointed pursuant to

1-32  this section:

1-33      (a) A person may not serve simultaneously on the

1-34  committee that favors approval by the voters of an initiative,

1-35  referendum or other question and the committee that opposes

2-1  approval by the voters of that initiative, referendum or other

2-2  question.

2-3  (b) Members of the committee serve without

2-4  compensation.

2-5  (c) The term of office for each member commences upon

2-6  appointment and expires upon the publication of the sample

2-7  ballot containing the initiative, referendum or other question.

2-8  4.  The county clerk may establish and maintain a list

2-9  of the persons who have expressed an interest in serving on

2-10  a committee appointed pursuant to this section. The county

2-11  clerk, after exercising due diligence to locate persons who

2-12  favor approval by the voters of an initiative, referendum or

2-13  other question to be placed on the ballot or who oppose

2-14  approval by the voters of an initiative, referendum or other

2-15  question to be placed on the ballot, may use the names on a

2-16  list established pursuant to this subsection to:

2-17      (a) Make recommendations pursuant to subsection 5;

2-18  and

2-19      (b) Appoint members to a committee pursuant to

2-20  subsection 6.

2-21      5. Before the board appoints a committee pursuant to

2-22  this section, the county clerk shall:

2-23      (a) Recommend to the board persons to be appointed to

2-24  the committee; and

2-25      (b) Consider recommending pursuant to paragraph (a):

2-26          (1) Any person who has expressed an interest in

2-27  serving on the committee; and

2-28          (2) A person who is a member of an organization that

2-29  has expressed an interest in having a member of the

2-30  organization serve on the committee.

2-31      [5.] 6. If the board of a county whose population is

2-32  [100,000] 40,000 or more fails to appoint a committee as

2-33  required pursuant to this section, the county clerk shall

2-34  appoint the committee.

2-35      [6.] 7. A committee appointed pursuant to this section:

2-36      (a) Shall elect a chairman for the committee;

2-37      (b) Shall meet and conduct its affairs as necessary to

2-38  fulfill the requirements of this section;

2-39      (c) May seek and consider comments from the general

2-40  public;

2-41      (d) Shall, based on whether the members were appointed

2-42  to advocate or oppose approval by the voters of the initiative,

2-43  referendum or other question, prepare an argument either

2-44  advocating or opposing approval by the voters of the

2-45  initiative, referendum or other question;

3-1  (e) Shall prepare a rebuttal to the argument prepared by

3-2  the other committee appointed pursuant to this section; [and]

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

3-4  pursuant to paragraphs (d) and (e):

3-5       (1) The fiscal impact of the initiative, referendum or

3-6  other question;

3-7       (2) The environmental impact of the initiative,

3-8  referendum or other question; and

3-9       (3) The impact of the initiative, referendum or other

3-10  question on the public health, safety and welfare; and

3-11      (g) Shall submit the argument and rebuttal prepared

3-12  pursuant to paragraphs (d) , (e) and [(e)] (f) to the county

3-13  clerk not later than the date prescribed by the county clerk

3-14  pursuant to subsection [7.] 8.

3-15      [7.] 8. The county clerk of a county whose population is

3-16  [100,000] 40,000 or more shall provide, by rule or regulation:

3-17      (a) The maximum permissible length of an argument or

3-18  rebuttal prepared pursuant to this section; and

3-19      (b) The date by which an argument or rebuttal prepared

3-20  pursuant to this section must be submitted by the committee

3-21  to the county clerk.

3-22      [8.] 9. Upon receipt of an argument or rebuttal prepared

3-23  pursuant to this section, the county clerk:

3-24      (a) May consult with persons who are generally

3-25  recognized by a national or statewide organization as having

3-26  expertise in the field or area to which the initiative,

3-27  referendum or other question pertains; and

3-28      (b) Shall reject each statement in the argument or rebuttal

3-29  that he believes is libelous or factually inaccurate.

3-30  Not later than 5 days after the county clerk rejects a statement

3-31  pursuant to this subsection, the committee may appeal that

3-32  rejection to the district attorney. The district attorney shall

3-33  review the statement and the reasons for its rejection and may

3-34  receive evidence, documentary or testimonial, to aid him in

3-35  his decision. Not later than 3 business days after the appeal by

3-36  the committee, the district attorney shall issue his decision

3-37  rejecting or accepting the statement. The decision of the

3-38  district attorney is a final decision for the purposes of judicial

3-39  review.

3-40      [9.] 10. The county clerk shall place in the sample ballot

3-41  provided to the registered voters of the county each argument

3-42  and rebuttal prepared pursuant to this section, containing all

3-43  statements that were not rejected pursuant to subsection [8.]

3-44  9. The county clerk may revise the language submitted by the

3-45  committee so that it is clear, concise and suitable for

4-1  incorporation in the sample ballot, but shall not alter the

4-2  meaning or effect without the consent of the committee.

4-3  [10.] 11. In a county whose population is less than

4-4  [100,000:] 40,000:

4-5  (a) The board may appoint committees pursuant to this

4-6  section.

4-7  (b) If the board appoints committees pursuant to this

4-8  section, the county clerk shall provide for rules or regulations

4-9  pursuant to subsection [7.] 8.

4-10      12.  Except as otherwise provided in this subsection, if a

4-11  question is to be placed on the ballot by an entity described

4-12  in paragraph (b) or (c) of subsection 1, the entity must

4-13  provide a copy and explanation of the question to the county

4-14  clerk at least 30 days earlier thGreen numbers along left margin indicate location on the printed bill (e.g., 5-15 indicates page 5, line 15).an the date required for the

4-15  submission of such documents pursuant to subsection 1 of

4-16  NRS 293.481. This subsection does not apply to a question if

4-17  the date that the question must be submitted to the county

4-18  clerk is governed by subsection 2 of NRS 293.481.

4-19      Sec. 2.  Section 17 of Assembly Bill No. 425 of this session is

4-20  hereby amended to read as follows:

4-21      Sec. 17. NRS 338.1381 is hereby amended to read as

4-22  follows:

4-23      338.1381  1.  If, within 10 days after receipt of the

4-24  notice denying his application[,] pursuant to NRS 338.1379,

4-25  the applicant files a written request for a hearing with the

4-26  State Public Works Board or the governing body , [of the

4-27  local government,] the Board or governing body shall set

4-28  the matter for a hearing within [10] 20 days after receipt of

4-29  the request. The hearing must be held not later than [20] 45

4-30  days after the receipt of the request for a hearing.

4-31      2.  The hearing must be held at a time and place

4-32  prescribed by the Board or governing body. At least 10 days

4-33  before the date set for the hearing, the Board or governing

4-34  body shall serve the applicant with written notice of the

4-35  hearing. The notice may be served by personal delivery to the

4-36  applicant or by certified mail to the last known business or

4-37  residential address of the applicant.

4-38      3.  The Board or governing body shall issue a decision on

4-39  the matter within 5 days after the hearing and notify the

4-40  applicant, in writing, of its decision within [5] 15 days after it

4-41  is issued. The decision of the Board or governing body is a

4-42  final decision for purposes of judicial review.

5-1  Sec. 3.  Assembly Bill No. 542 of this session is hereby

5-2  amended by adding thereto a new section to be designated as sec.

5-3  26, immediately following sec. 25, to read as follows:

5-4  Sec. 26.  1.  This section and sections 21, 24 and 25 of

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

5-6  2.  Sections 1 to 20, inclusive, 22 and 23 of this act

5-7  become effective on October 1, 2003.

5-8  Sec. 4.  The title of Senate Bill No. 317 of this session is

5-9  hereby amended to read as follows:

5-10  AN ACT relating to incarcerated persons; requiring the

5-11  Department of Education to adopt regulations that establish a

5-12  statewide program of education for incarcerated persons and

5-13  to coordinate with and assist school districts in operating

5-14  programs of education for incarcerated persons; creating in

5-15  the State Treasury the Fund for Programs of Education for

5-16  Incarcerated Persons; authorizing school districts to operate

5-17  programs of education for incarcerated persons under certain

5-18  circumstances; providing procedures if a manager or warden

5-19  excludes from a facility or institution a person employed by a

5-20  school district to operate a program of education for

5-21  incarcerated persons in the facility or institution; authorizing

5-22  the University and Community College System of Nevada to

5-23  offer courses that lead to a postsecondary degree for

5-24  incarcerated persons; making various changes to provisions

5-25  relating to credits against the sentence of an offender;

5-26  revising the provisions governing the manner in which

5-27  prisoners may be released from jail when the jail becomes

5-28  overcrowded; and providing other matters properly relating

5-29  thereto.

5-30      Sec. 5.  Section 36 of Senate Bill No. 453 of this session is

5-31  hereby amended to read as follows:

5-32      Sec. 36. NRS 293B.084 is hereby amended to read as

5-33  follows:

5-34      293B.084  1.  A mechanical recording device which

5-35  directly records votes electronically must:

5-36      [1.] (a) Bear a number which identifies that mechanical

5-37  recording device.

5-38      [2.] (b) Be equipped with a storage device which:

5-39      [(a)] (1) Stores the ballots voted on the mechanical

5-40  recording device;

6-1  [(b)] (2) Can be removed from the mechanical recording

6-2  device for the purpose of transporting the ballots stored

6-3  therein to a central counting place; and

6-4  [(c)] (3) Bears the same number as the mechanical

6-5  recording device.

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

6-7  may be stored within the mechanical recording device and the

6-8  storage device required pursuant to [subsection 2] paragraph

6-9  (b) at the same time.

6-10      [4.] (d) Provide a record printed on paper of:

6-11      [(a)] (1) Each ballot voted on the mechanical recording

6-12  device; and

6-13      [(b)] (2) The total number of votes recorded on the

6-14  mechanical recording device for each candidate and for or

6-15  against each measure.

6-16      2.  The paper record described in paragraph (d) of

6-17  subsection 1 must:

6-18      (a) Be printed and made available for a manual audit,

6-19  as necessary; and

6-20      (b) Be printed and serve as an official record for a

6-21  recount, as necessary.

6-22      Sec. 6.  1.  Sections 2, 3 and 19 of Senate Bill No. 281 of this

6-23  session are hereby repealed.

6-24      2.  Section 30 of Senate Bill No. 310 of this session is hereby

6-25  repealed.

6-26      Sec. 7.  This act becomes effective upon passage and approval.

 

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