Nevada Code § 295.230

Submission of advisory questions by certain governmental entities; prerequisites to placement on ballot; description of anticipated financial effect; appearance on sample ballot; preparation of sample questions
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1. The governing body of 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. 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 that:
(1) Sets forth:
(I) The question, in language
indicating clearly that the question is advisory only.
(II) An explanation of the question
that is written in easily understood language and includes a digest. The digest
must include a concise and clear summary of any existing laws related to the
measure proposed by the question and a summary of how the measure proposed by
the question adds to, changes or repeals such existing laws. For a measure that
creates, generates, increases or decreases any public revenue in any form, the
first paragraph of the digest must include a statement that the measure
creates, generates, increases or decreases, as applicable, public revenue.
(III) A description of the
anticipated financial effect on the local government which, if the question is
an advisory question that proposes a bond, tax, fee or expense, must be
prepared by the governing body in accordance with subsection 4.
(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.
(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
2 sets forth the boundaries of the area in which the advice of the registered
voters will be asked.
4. With respect to a description of the
anticipated financial effect 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 description 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 description 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 description 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 description 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 description 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
description of the anticipated financial effect.
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 descriptions of the anticipated financial
effect should be prepared.

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