Nevada 2017 Regular Session Status: Enacted

AB 36 — Revises the Charter of the City of Reno. (BDR S-448)

Last action — Approved by the Governor. Chapter 584.

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  1. ✓
    Introduced
  2. ✓
    In Committee
  3. ✓
    Passed Assembly
  4. ✓
    Passed Senate
  5. ✓
    To Executive
  6. 6
    Enacted

This bill has been enacted into law. Introduced November 16, 2016. Enacted.

Prognosis

Advancing 50% · moderate confidence

Where this bill stands today.

Odds of enactment

High

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  • Enacted

    Current position in the legislative process.

  • 1 sponsor

    1 primary, 0 co-sponsors signed on.

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Bill Text

What changed in the latest version

464 added · 494 removed

464 line(s) added, 494 removed.

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(Reprinted to remove amendment receded from on June 2, 2017) SECOND REPRINT A.B.
Assembly Bill No.
36 A SSEMBLY BILL NO .
36–Committee on Legislative Operations and Elections CHAPTER..........
36–COMMITTEE ON LEGISLATIVE OPERATIONS AND ELECTIONS (O N BEHALF OF THE CITY OF RENO ) PREFILED N OVEMBER 16, 2016 ____________ Referred to Committee on Government Affairs SUMMARY—Revises the Charter of the City of Reno.
(BDR S-448) FISCAL NOTE:
Effect on Local Government:
May have Fiscal Impact.
Effect on the State:
No.
~ EXPLANATION – Matter in bolded italics is new;
matter between brackets [omitted material] is material to be omitted.
The existing Charter of the City of Reno specifies the persons within the City government who are considered appointive officers and also describes appointive employees of the City who:
The existing Charter of the City of Reno specifies the persons within the City government who are considered appointive officers and also describes appointive appointive officer;
(1) are not appointive officers but regularly assist an appointive officer;
(2) have duties that consist of administrative work directlyan related to management policies;
(2) have duties that consist of administrative work directly customarily to exercise discretion and independent judgment.
and (3) have positions that require them customarily to exercise discretion and independent judgment.
(Reno City Charter § 3.020) Section 1 of this bill clarifies the definition of “appointive employee.” Section 6 of this bill authorizes the City Manager to appoint such staff as necessary for the functioning - *AB36_R2* – 2 – of the City, subject to certain limitations on the number of appointive offices and positions.
(Reno City Charter § 3.020) Section 1 of this bill clarifies the definition of “appointive employee.” Section 6 of this bill authorizes the City Manager to appoint such staff as necessary for the functioning positions.y, subject to certain limitations on the number of appointive offices and The existing Charter of the City of Reno prohibits the Mayor or any Council Member from dictating the appointment, suspension or removal of any appointive employee.
The existing Charter of the City of Reno prohibits the Mayor or any Council Member from dictating the appointment, suspension or removal of any appointive employee.
Five reports are required during the calendar year in which the office is up for election, and one report is required during each year in which the office is not up for election.
Five reports are required during the calendar year in which the office is up for election, and one report is required during each year in which the office is of the City of Reno to adopt an ordinance requiring the Mayor and each Councilouncil Member to report the campaign contributions received during every year other than the year in which the general election for that office is held.
(NRS 294A.120) Section 8 of this bill requires the City Council of the City of Reno to adopt an ordinance requiring the Mayor and each Council the year in which the general election for that office is held.
The existing Charter of the City of Reno divides the City into five wards, each of which is represented on the City Council by a Council Member.
- 79th Session (2017) – 2 – The existing Charter of the City of Reno divides the City into five wards, each of which is represented on the City Council by a Council Member.
(Reno City Charter §§ 5.010, 5.020) that all candidates for Council Member to represent a particular ward must beovide elected in a general election only by the registered voters of that ward.
(Reno City Charter §§ 5.010, 5.020) that all candidates for Council Member to represent a particular ward must berovide elected in a general election only by the registered voters of that ward.
Section 13 of this bill requires the City Council to establish the boundaries of the sixth ward, and alter the boundaries of the first through fifth wards accordingly, after the completion of the 2020 federal decennial census and before January 1, 2024.
Section 13 of this bill requires the City Council to establish the boundaries of the sixth ward, and alter the boundaries of the first through fifth wards accordingly, after the completion of and 15 of this bill, the Council Member who represents the sixth ward will first be elected at the 2024 general election.
Under sections 14 elected at the 2024 general election.
Section 14 also provides that Council Members representing wards one through five who are in office on January 1, 2024, will continue to represent those wards notwithstanding the altered boundaries for the remainders of their terms and that the Council Member who represents the City at large, who was last elected at the 2020 general election, will continue to represent the City at large for the remainder of his or her term.
Section 14 also provides that Councilfirst be Members representing wards one through five who are in office on January 1, 2024, will continue to represent those wards notwithstanding the altered boundaries for the remainders of their terms and that the Council Member who represents the City at large, who was last elected at the 2020 general election, will continue to represent the City at large for the remainder of his or her term.
Existing law requires that a vacancy in the office of a Council Member be filled a special election to fill the vacancy.
Existing law requires that a vacancy in the office of a Council Member be filled by appointment by a majority vote of the City Council unless the City Council calls election is held to fill the vacancy in the office of Council Member who representspecial a ward, only registered voters of that ward may vote at the special election.
Section 3 of this bill provides that if a special election is held to fill the vacancy in the office of Council Member who represents a ward, only registered voters of that ward may vote at the special election.
- *AB36_R2* – 3 – THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
EXPLANATION – Matter in bolded italics is new;
matter between brackets [omitted material] is material to be omitted.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
[or a position described in subsection 5 of section 1.090.] Sec.
[or a position described in subsection 5 of section 1.090.] - 79th Session (2017) – 3 – Sec.
Sec.
1.c.The City must be divided into [five] six wards, which must be as nearly equal in population as can be conveniently provided.
1.050 Wards:
Creation;
boundaries.
1.
The City must be divided into [five] six wards, which must be as nearly equal in population as can be conveniently provided.
Sec.
1.c.Except as otherwise provided in this section, a vacancy in the City Council or in the office of City Attorney or Municipal Judge must be filled by a majority vote of the members of the City Council within 30 days after the occurrence of the vacancy.
1.070 Elective offices:
Vacancies.
1.
Except as otherwise provided in this section, a vacancy in the City Council or in the office of City Attorney or Municipal Judge must be filled by a majority vote of the - *AB36_R2* – 4 – members of the City Council within 30 days after the occurrence of the vacancy.
2.
- 79th Session (2017) – 4 – 2.
The resolution declaring a special election must be adopted within 30 days after the occurrence of the vacancy and must state the date set by the City Council for the special election.
within 30 days after the occurrence of the vacancy and must state the date set by the City Council for the special election.
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Except as otherwise provided in this section, a vacancy in the City Council or in the office of City Attorney or Municipal Judge must be filled by a majority vote of the members of the City Council within 30 days after the occurrence of the vacancy.
Except as otherwise provided in this section, a vacancy in the City Council or in the office of City Attorney or Municipal Judge must be filled by a majority vote of the members of the City Council within 30 days after the prospective vacancy in the City Council before the vacancyl a occurs.
A person may be selected to fill a prospective vacancy in the City Council before the vacancy occurs.
The - *AB36_R2* – 5 – appointee must have the same qualifications as are required of the elective official.
The appointee must have the same qualifications as are required of the elective official.
The resolution declaring a special election must be adopted within 30 days after the occurrence of the vacancy and must state the date set by the City Council for the special election.
The resolution declaring a special election must be adopted within - 79th Session (2017) – 5 – days after the occurrence of the vacancy and must state the date set by the City Council for the special election.
In the case of a prospective vacancy, the Council may adopt the resolution before the vacancy occurs, but the special election may not be held until after the vacancy occurs.
In the case of a prospective vacancy, the Council may adopt the resolution before the vacancy occurs, but the special election election must be conducted in accordance with the provisions of the resolution declaring the special election and section 5.030 of this Charter.
The special election must be conducted in accordance with the provisions of the resolution declaring the special election and section 5.030 of this Charter.
The Mayor [and one Council Member represent] represents the City at large and one Council Member represents each ward.
The Mayor [and one Council Member represent] represents the City at large and one Council Member for terms of 4 years.
The Mayor and Council Members serve for terms of 4 years.
The Mayor and Council Members serve 4.
4.
- *AB36_R2* – 6 – Sec.
Sec.
The duties and salary of the City Manager must be fixed by the City Council and he or she is entitled to be reimbursed for all expenses incurred in the performance of his or her duties.
The duties and salary of the City Manager must be fixed by the City Council and he or she is - 79th Session (2017) – 6 – entitled to be reimbursed for all expenses incurred in the performance of his or her duties.
Except as otherwise provided in this subsection, the City Manager must actually, as opposed to constructively, reside in the State.
Except as otherwise provided in this subsection, the City Manager must actually, as opposed to constructively, Manager by the City Council must become an actual resident of the State not later than 6 months after the date of his or her appointment.
A person who is appointed as City Manager by the City Council must become an actual resident of the State not later than 6 months after the date of his or her appointment.
No member of the City Council may be appointed as City Manager during the term for which he or she was elected, or for 1 year thereafter.
No member of the City Council may be appointed as elected, or for 1 year thereafter.hich he or she was 7.
7.
The City Manager may authorize the head of a - *AB36_R2* – 7 – department or office to appoint or remove his or her subordinates.
The City Manager may authorize the head of a department or office to appoint or remove his or her subordinates.
[The] Except as specifically authorized in this Charter, the Mayor or Council Members shall not dictate the appointment, suspension or removal of any [appointive] employee.
[The] Except as specifically authorized in this Charter, the Mayor or Council Members shall not dictate the - 79th Session (2017) – 7 – appointment, suspension or removal of any [appointive] employee.
2.
meeting shall be deemed to be direction to the City Manager and not to any subordinate of the City Manager.
Any action directed by the City Council in a public meeting shall be deemed to be direction to the City Manager and not to any subordinate of the City Manager.
Section 5.010 of the Charter of the City of Reno, being chapter 662, Statutes of Nevada 1971, as last amended by chapter 349, Statutes of Nevada 2013, at page 1828, is hereby amended to read as follows:
Section 5.010 of the Charter of the City of Reno, being 349, Statutes of Nevada 2013, at page 1828, is hereby amended to read as follows:
On the date fixed by the election laws of the State for the statewide general election in November 2002, and at each successive interval of 6 years, there must be elected [by the qualified voters of the City,] at the general election, a - *AB36_R2* – 8 – Municipal Judge, who holds office for a term of 6 years and until his or her successor has been elected and qualified.
On the date fixed by the election laws of the State for the statewide general election in November 2002, and at each successive interval of 6 years, there must be elected [by the qualified voters of the City,] at the general election, a Municipal Judge, who holds office for a term of 6 years and until his or her successor has been elected and qualified.
On the date fixed by the election laws of the State for the statewide general election in November 2002, and at each successive interval of 4 years, there must be elected [by the qualified voters of the City,] at the general election, a Mayor, Council Members from the second and fourth wards, and a City Attorney, all of whom hold office for a term of 4 years and until their successors have been elected and qualified.
On the date fixed by the election laws of the State for the statewide general election in November 2002, and at each successive interval of 4 years, there must be elected [by the qualified voters of the City,] at the general election, a Mayor, Council Members from the second and fourth wards, and a - 79th Session (2017) – 8 – City Attorney, all of whom hold office for a term of 4 years and until their successors have been elected and qualified.
On the date fixed by the election laws of the State for the statewide general election in November 2004, and at each successive interval of 6 years, there must be elected [by the qualified voters of the City,] at the general election, one or more Municipal Judges, other than the Municipal Judge referred to in subsection 1, all of whom hold office for a term of 6 years and until their successors have been elected and qualified.
On the date fixed by the election laws of the State for the statewide general election in November 2004, and at each qualified voters of the City,] at the general election, one or more Municipal Judges, other than the Municipal Judge referred to in subsection 1, all of whom hold office for a term of 6 years and until their successors have been elected and qualified.
Section 5.010 of the Charter of the City of Reno, being chapter 662, Statutes of Nevada 1971, as last amended by chapter 349, Statutes of Nevada 2013, at page 1828, is hereby amended to read as follows:
Section 5.010 of the Charter of the City of Reno, being chapter 662, Statutes of Nevada 1971, as last amended by chapter 349, Statutes of Nevada 2013, at page 1828, is hereby amended toSec.
Sec.
On the date fixed by the election laws of the State for the statewide general election in November 2002, and at each - *AB36_R2* – 9 – successive interval of 4 years, there must be elected at the general election, a Mayor, Council Members from the second and fourth wards, and a City Attorney, all of whom hold office for a term of 4 years and until their successors have been elected and qualified.
On the date fixed by the election laws of the State for the statewide general election in November 2002, and at each successive interval of 4 years, there must be elected at the general election, a Mayor, Council Members from the second and fourth wards, and a City Attorney, all of whom hold office for a term of 4 years and until their successors have been elected and qualified.
3.
- 79th Session (2017) – 9 – 3.
On the date fixed by the election laws of the State for the statewide general election in November 2004, and at each successive interval of 6 years, there must be elected at the general election, one or more Municipal Judges, other than the Municipal Judge referred to in subsection 1, all of whom hold office for a term of 6 years and until their successors have been elected and qualified.
On the date fixed by the election laws of the State for the statewide general election in November 2004, and at each successive interval of 6 years, there must be elected at the general election, one or more Municipal Judges, other than hold office for a term of 6 years and until their successors have been elected and qualified.
Section 5.020 of the Charter of the City of Reno, being chapter 662, Statutes of Nevada 1971, as last amended by chapter 349, Statutes of Nevada 2013, at page 1829, is hereby amended to read as follows:
Section 5.020 of the Charter of the City of Reno, chapter 349, Statutes of Nevada 2013, at page 1829, is herebyy amended to read as follows:
If for any general election, there are three or more candidates for any office to be filled at that election, a primary election for any such office must be held on the date fixed by the election laws of the State for statewide elections, - *AB36_R2* – 10 – at which time there must be nominated candidates for the office to be voted for at the next general election.
If for any general election, there are three or more candidates for any office to be filled at that election, a primary election for any such office must be held on the date fixed by the election laws of the State for statewide elections, at which time there must be nominated candidates for the office to be voted for at the next general election.
If for any general election there are two or fewer candidates for any office to be filled at that election, their names must not be placed on the ballot for the primary election but must be placed on the ballot for the general election.
If for any general election there are two or fewer candidates for any - 79th Session (2017) – 10 – office to be filled at that election, their names must not be placed on the ballot for the primary election but must be placed on the ballot for the general election.
The general election must be held on the date fixed by the election laws of the State for the statewide general election.
The general election must be held on the date fixed by the election laws of the3.taIn the primary election:eral election.
3.
In the primary election:
2.
candidates for any office to be filled at that election, ae primary election for any such office must be held on the date fixed by the election laws of the State for statewide elections, at which time there must be nominated candidates for the office to be voted for at the next general election.
If for any general election, there are three or more candidates for any office to be filled at that election, a primary election for any such office must be held on the date fixed by the election laws of the State for statewide elections, at which time there must be nominated candidates for the office to be voted for at the next general election.
- *AB36_R2* – 11 – (a) The names of the two candidates for Municipal Judge, City Attorney or a particular City Council seat, as the case may be, who receive the highest number of votes must be placed on the ballot for the general election.
(a) The names of the two candidates for Municipal Judge, City Attorney or a particular City Council seat, as the case - 79th Session (2017) – 11 – may be, who receive the highest number of votes must be placed on the ballot for the general election.
(b) Candidates for Council Member who represent a specific ward must be voted upon only by the registered voters of [that] the ward [.] that the candidate seeks to represent.
(b) Candidates for Council Member who represent a specific ward must be voted upon only by the registered represent.[that] the ward [.] that the candidate seeks to (c) Candidates for Mayor, Municipal Judge [,] and City Attorney [and Council Member at large] must be voted upon by all registered voters of the City.
(c) Candidates for Mayor, Municipal Judge [,] and City Attorney [and Council Member at large] must be voted upon by all registered voters of the City.
2.
the Charter of the City of Reno, as amended by section 2 of this act, must be filled initially at the general election held on the date fixed by the election laws of the State for the statewide general election in November 2024 and shall not be deemed to be vacant before that time.
The sixth ward created by the provisions of section 1.050 of the Charter of the City of Reno, as amended by section 2 of this act, must be filled initially at the general election held on the date fixed by the election laws of the State for the statewide general election in November 2024 and shall not be deemed to be vacant before that time.
This section and sections 1, 3, 6 to 9, inclusive, 11 and 13 of this act become effective on July 1, 2017.
This section and sections 1, 3, 6 to 9, inclusive, and 13 of this act become effective on July 1, 2017.
(a) On July 1, 2017, for the purpose of passing ordinances, establishing the boundaries of the additional ward created by the provisions of section 1.050 of the Charter of the City of Reno, as amended by section 2 of this act, changing the boundaries of the first through fifth wards to comply with the provisions of section 1.050 of the Charter of the City of Reno, as amended by section 2 of - *AB36_R2* – 12 – this act, and performing any other preparatory administrative tasks that are necessary to carry out the provisions of this act;
(a) On July 1, 2017, for the purpose of passing ordinances, establishing the boundaries of the additional ward created by the provisions of section 1.050 of the Charter of the City of Reno, as amended by section 2 of this act, changing the boundaries of the first through fifth wards to comply with the provisions of section 1.050 of the Charter of the City of Reno, as amended by section 2 of - 79th Session (2017) – 12 – this act, and performing any other preparatory administrative tasks that are necessary to carry out the provisions of this act;
H - *AB36_R2*
~~~~~ 17 - 79th Session (2017)
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Action History

  1. Approved by the Governor. Chapter 584.

  2. Enrolled and delivered to Governor.

  3. To enrollment.

  4. From printer. To reengrossment. Reengrossed. Second reprint .

  5. In Assembly. To printer.

  6. To Assembly.

  7. Senate Amendment No. 960 receded from.

  8. In Senate.

  9. Senate Amendment No. 960 not concurred in. To Senate.

  10. In Assembly.

  11. From printer. To engrossment. Engrossed. First reprint . To Assembly.

  12. To printer.

  13. Read third time. Passed, as amended. Title approved, as amended. (Yeas: 12, Nays: 9.)

  14. Reprinting dispensed with.

  15. Read third time. Amended. (Amend. No. 960.)

  16. Taken from Secretary's desk. Placed on General File.

  17. Taken from General File. Placed on Secretary's desk.

  18. Read second time.

  19. Placed on Second Reading File.

  20. From committee: Do pass.

  21. Read first time. Referred to Committee on Government Affairs. To committee.

  22. In Senate.

  23. Read third time. Passed. Title approved. (Yeas: 42, Nays: None.) To Senate.

  24. Read second time.

  25. From committee: Do pass.

  26. Read first time. To committee.

  27. From printer.

  28. Prefiled. Referred to Committee on Government Affairs. To printer.

Sponsors

  • Legislative Operations and Elections · Primary

Sponsorship breakdown

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1 sponsors · 0 co-sponsors · 66 not signed on

Sponsors (1)

  • Legislative Operations and Elections

Co-sponsors (0)

None.

Not signed on (66)

66 members have not signed on to this bill.

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"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Subjects

elections
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Frequently asked questions

Who sponsors AB 36?
AB 36 is sponsored by Legislative Operations and Elections.
What is the current status of AB 36?
This bill has been enacted into law. Introduced November 16, 2016. Enacted.
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