Nevada 2019 Regular Session Status: Enacted

AB 282 — Revises the Charter of the City of Henderson. (BDR 24-939)

Last action — Chapter 350.

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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 March 18, 2019. Enacted.

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Advancing 58% · moderate confidence

Where this bill stands today.

Odds of enactment

High

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  • Enacted

    Current position in the legislative process.

  • 5 sponsors

    5 primary, 0 co-sponsors signed on.

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Summary

AN ACT relating to the City of Henderson; requiring, under certain circumstances, a member of the City Council of the City of Henderson to be elected only by the registered voters of the ward that he or she seeks to represent; and providing other matters properly relating thereto.

Bill Text

What changed in the latest version

361 added · 376 removed

361 line(s) added, 376 removed.

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(Reprinted with amendments adopted on May 22, 2019) SECOND REPRINT A.B.
Assembly Bill No.
282 ASSEMBLY BILL NO .
282–Assemblymen Spiegel;
282–ASSEMBLYMEN SPIEGEL ;
Cohen and Fumo Joint Sponsors:
COHEN AND FUMO M ARCH 18, 2019 ____________ JOINT S PONSORS :
Senators Pickard And Woodhouse CHAPTER..........
ENATORS PICKARD AND W OODHOUSE ____________ Referred to Committee on Legislative Operations and Elections SUMMARY—Revises the Charter of the City of Henderson.
(BDR 24-939) FISCAL NOTE:
Effect on Local Government:
May have Fiscal Impact.
Effect on the State:
Yes.
CONTAINS UNFUNDED MANDATE (§ 5) (NOTR EQUESTED AFFECTEDLOCALGOVERNMENT) ~ EXPLANATION – Matter in bolded italics is new;
matter between brackets [omitted material] is material to be omitted.
requiring, under certain circumstances, a member of the City Council of the City of Henderson to be electedonlybythe registered voters of the ward that he or she seeks to represent;
requiring, under certain circumstances, a member of the City Council of the City of Henderson to be elected only by the registered voters of the ward that he or she seeks to represent;
wards, but the candidates for the office of Council Member are voted on by theto four registered votersoftheCityat large.
Under the existing Charter of the City of Henderson, the City is divided into four wards, but the candidates for the office of Council Member are voted on by the registered votersoftheCityat large.
(Henderson CityCharter§§ 1.040, 2.010,5.010, 5.020)Inaddition,under theexistingCharter oftheCityofHenderson, theCityholds primary and general city elections in odd-numbered years, but the City may by ordinance provide for its elections to be held in even-numbered years on the statewide election cycle.
(Henderson CityCharter§§ 1.040, 2.010,5.010, 5.020)Inaddition,under theexistingCharteroftheCityofHenderson, theCityholds primary and general city elections in odd-numbered years, but the City may by statewide election cycle.
(Henderson CityCharter §§ 5.010, 5.020) Finally, under the Nevada Constitution, the Legislature may amend the existing Charter of the City of Henderson to require the City’s elections to be held in even-numbered years on the 30 of Assembly Bill No.
(Henderson CityCharter §§ 5.010, 5.020) Finally, under the Nevada Constitution, the Legislature may amend the existing Charter of the City of Henderson to require the City’s elections to be held in even-numbered years on the statewide election cycle.
50 of this session, the Legislature proposes to amend the 29 and existing Charter of the City of Henderson to require the City’s elections to be held in even-numbered years on the statewide election cycle.
(Nev.
Section 5 of this bill requires the City Council to place a question on the ballot at:
Const.
(1) the general city election held in June 2021;
Art.
or (2) if no general city election will be held in June 2021 because the City will be holding its elections in - *AB282_R2* – 2 – even-numbered years on the statewide election cycle, the general election held in November2022.TheballotquestionwillasktheregisteredvotersoftheCitywhether the Charter of the City should be amended to require that the candidates for members of the City Council of the City of Henderson be voted upon only by the registered voters of the ward that the candidate seeks to represent.
4, § 27, Art.
If the voters of the City and (2) candidates for the office of Council Member of the City must be voted upontive;
8, § 1) In sections 26, 29 and of Assembly Bill No.
at subsequent elections only by the registered voters of the ward that the candidate seeks to represent.
50 of this session, the Legislature proposes to amend the existing Charter of the City of Henderson to require the City’s elections to be held in even-numbered years on the statewide election cycle.
Section 5 of this bill requires the City Council to place a question on the ballot will be held in June 2021 because the City will be holding its elections inity election even-numbered years on the statewide election cycle, the general election held in November2022.TheballotquestionwillasktheregisteredvotersoftheCitywhether the Charter of the City should be amended to require that the candidates for members of the City Council of the City of Henderson be voted upon only by the registered voters of the ward that the candidate seeks to represent.
If the voters of the City approve the ballot question:
(1) the applicable sections of this bill become effective;
and (2) candidates for the office of Council Member of the City must be voted upon seeks to represent.
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.
- 80th Session (2019) – 2 – THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1.060 of the Charter of the City of Henderson, being chapter 266, Statutes of Nevada 1971, as amended by chapter 231, Statutes of Nevada 1991, at page 511, is hereby amended to read as follows:
Section 1.060 of the Charter of the City of Henderson, being chapter 266, Statutes of Nevada 1971, as amended by chapter 231, Statutes of Nevada 1991, at page 511, is hereby amended toSec.
Sec.
1.060ollElective offices.
1.060 Elective offices.
(a) Abonafideresidentoftheterritorywhichisestablished by the boundaries of the City for the 12 months immediately preceding the last day for filing a declaration of candidacy for the office.
(a) Abonafideresidentoftheterritorywhichisestablished preceding the last day for filing a declaration of candidacy for the office.
(a) Abonafideresidentoftheterritorywhichisestablished by the boundaries of the City for the 12 months immediately - *AB282_R2* – 3 – preceding the last day for filing a declaration of candidacy for the office.
(a) Abonafideresidentoftheterritorywhichisestablished by the boundaries of the City for the 12 months immediately preceding the last day for filing a declaration of candidacy for the office.
4.
- 80th Session (2019) – 3 – 4.
Sec.
being chapter 266, Statutes of Nevada 1971, as amended by sectionn, of Assembly Bill No.
2.5.
Section 2.010 of the Charter of the City of Henderson, being chapter 266, Statutes of Nevada 1971, as amended by section 26 of Assembly Bill No.
of office;
Sec.
salary.y Council:
2.010 City Council:
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term 1.
term of office;
The legislative power of the City is vested in a City from each ward and the Mayor.one Council [Members] Member 2.
salary.
1.
The legislative power of the City is vested in a City Council consisting of [four] one Council [Members] Member from each ward and the Mayor.
2.
(b) A qualified elector within the ward which he or she represents.
represents.alified elector within the ward which he or she (c) A resident of the ward which he or she represents for at least 30 days immediately preceding the last day for filing a declaration of candidacy for the office, except that changes in ward boundaries pursuant to the provisions of section 1.040 do not affect the right of any elected Council Member to continue in office for the term for which he or she was elected.
(c) A resident of the ward which he or she represents for at least 30 days immediately preceding the last day for filing a declaration of candidacy for the office, except that changes in ward boundaries pursuant to the provisions of section 1.040 do - *AB282_R2* – 4 – not affect the right of any elected Council Member to continue in office for the term for which he or she was elected.
The City Council shall not adopt an ordinance which increases or decreases the salary of the Mayor or the Council Members during the term for which they have been elected or appointed.
The - 80th Session (2019) – 4 – City Council shall not adopt an ordinance which increases or decreases the salary of the Mayor or the Council Members during the term for which they have been elected or appointed.
Except as otherwise provided in section 5.020, a primary municipal election must be held on the Tuesday after the first Monday in April of each odd-numbered year, at which timetheremust benominatedcandidatesforofficestobevoted for at the next general municipal election.
Except as otherwise provided in section 5.020, a the first Monday in April of each odd-numbered year, at which timetheremust benominatedcandidatesfor officestobevoted for at the next general municipal election.
A candidate for any office to be voted for at any primarymunicipalelectionmust fileadeclarationofcandidacy as 3.oviAll candidates for elective office , other than candidates for the office of Council Member, must be voted up4.
A candidate for any office to be voted for at any primarymunicipalelectionmust fileadeclarationofcandidacy as provided by the election laws of this State.
byA candidatefor theofficeof Council Membermust be voted upon only by the registered voters of the ward that he or she seeks to represent.
3.
All candidates for elective office , other than candidates for the office of Council Member, must be voted upon by the registered voters of the City at large.
4.
A candidatefor theofficeof Council Membermust be voted upon only by the registered voters of the ward that he or she seeks to represent.
If in the primary municipal election, regardless of the number of candidates for an office, one candidate receives a majority of votes cast in that election for the office for which he or she is a candidate, he or she must be declared elected and no general municipal election need be held for that office.
If in the primary municipal election, regardless of the number of candidates for an office, one candidate receives a majority of a candidate, he or she must be declared elected and no general is municipal election need be held for that office.
- *AB282_R2* – 5 – Sec.
Sec.
Section 5.010 of the Charter of the City of Henderson, being chapter 266, Statutes of Nevada 1971, as amended by section 29 of Assembly Bill No.
Section 5.010 of the Charter of the City of Henderson, being chapter 266, Statutes of Nevada 1971, as amended by section of Assembly Bill No.
and (b) Beginning in 2022, on the second Tuesday in June of each even-numbered year, at which time there must be nominated candidates for offices to be voted for at the next general municipal election.
and - 80th Session (2019) – 5 – (b) Beginning in 2022, on the second Tuesday in June of each even-numbered year, at which time there must be nominated candidates for offices to be voted for at the next general municipal election.
All candidates for elective office , other than candidates for the office of Council Member, must be voted upon by the registered voters of the City at large.
All candidates for elective office , other than candidates for the office of Council Member, must be voted upo4.byA candidatefortheofficeof Council Membermust be voted upon only by the registered voters of the ward that he or she seeks to represent.
4.
A candidatefortheofficeof Council Membermust be voted upon only by the registered voters of the ward that he or she seeks to represent.
If in the primary municipal election no candidate receives a majority of votes cast in that election for the office candidates receiving the highest number of votes must be placed on the ballot for the general municipal election.
If in the primary municipal election no candidate receives a majority of votes cast in that election for the office for which he or she is a candidate, the names of the two candidates receiving the highest number of votes must be placed on the ballot for the general municipal election.
If in the candidates for an office, one candidate receives a majority of votes cast in that election for the office for which he or she is a candidate, he or she must be declared elected and no general municipal election need be held for that office.
If in the primary municipal election, regardless of the number of candidates for an office, one candidate receives a majority of votes cast in that election for the office for which he or she is a candidate, he or she must be declared elected and no general municipal election need be held for that office.
(b) If the primary municipal election was held on the second Tuesday of June of an even-numbered year, the first regular meeting of the City Council held in January of the year following the primary municipal election.
(b) If the primary municipal election was held on the second Tuesday of June of an even-numbered year, the first regular meeting of the City Council held in January of the year Sec.
4.lowSection 5.020 of the Charter of the City of Henderson, being chapter 266, Statutes of Nevada 1971, as last amended by chapter 336, Statutes of Nevada 2015, at page 1890, is hereby amended to read as follows:
4.
Section 5.020 of the Charter of the City of Henderson, being chapter 266, Statutes of Nevada 1971, as last amended by chapter 336, Statutes of Nevada 2015, at page 1890, is hereby amended to read as follows:
Sec.
- *AB282_R2* – 6 – (a) A general municipal election must be held in the City on the second Tuesday after the first Monday in June of each odd-numbered year, at which time the registered voters of the City shall elect city officers to fill the available elective positions.
(a) A general municipal election must be held in the City on the second Tuesday after the first Monday in June of each odd-numbered year, at which time the registered voters of the City shall elect city officers to fill the available elective positions.
(b) [All candidates for the office of Mayor, Council Member and Municipal Judge must be voted upon by the registered voters of the City at large.
(b) [All candidates for the office of Mayor, Council Member and Municipal Judge must be voted upon by the - 80th Session (2019) – 6 – registered voters of the City at large.
(c)] On the second Tuesday after the first Monday in June 2019, and every 6 years thereafter, there must be elected by the qualified voters of the City, at a general municipal election to be held for that purpose, a Municipal Judge for Department 1 who will hold office until his or her successor has been elected and qualified.
(c)] On the second Tuesday after the first Monday in June 2019, and every 6 years thereafter, there must be elected by the qualified voters of the City, at a general municipal election to be held for that purpose, a Municipal Judge for Department 1 who will hold office until his or her successor has been elected and[(d)] (c) On the second Tuesday after the first Monday in June 2021, and every 6 years thereafter, there must be elected by the qualified voters of the City, at a general municipal election to be held for that purpose, a Municipal Judge for Department 2 who will hold office until his or her successor has been elected and qualified.
[(d)] (c) On the second Tuesday after the first Monday in June 2021, and every 6 years thereafter, there must be elected by the qualified voters of the City, at a general municipal election to be held for that purpose, a Municipal Judge for Department 2 who will hold office until his or her successor has been elected and qualified.
[(e)] (d) On the second Tuesday after the first Monday in June 2017, and every 6 years thereafter, there must be elected by the qualified voters of the City, at a general municipal election to be held for that purpose, a Municipal Judge for Department 3 who will hold office until his or her successor has been elected and qualified.
June 2017, and every 6 years thereafter, there must be elected by the qualified voters of the City, at a general municipal Department 3 who will hold office until his or her successor has been elected and qualified.
The City Council may by ordinance provide for a primary municipal election and general municipal election on the dates set forth for primary elections and general elections pursuant to the provisions of chapter 293 of NRS.
The City Council may by ordinance provide for a the dates set forth for primary elections and general elections pursuant to the provisions of chapter 293 of NRS.
- *AB282_R2* – 7 – [4.] 6.
[4.] 6.
The next succeeding term for that office may be shortened but may not be lengthened as a result of the ordinance.
The next succeeding term for - 80th Session (2019) – 7 – that office may be shortened but may not be lengthened as a result of the ordinance.
Section 5.020 of the Charter of the City of Henderson, being chapter 266, Statutes of Nevada 1971, as amended by section 30 of Assembly Bill No.
Section 5.020 of the Charter of the City of Henderson, being chapter 266, Statutes of Nevada 1971, as amended by section of Assembly Bill No.
[On] Notwithstanding the provisions of subsections 7 and 8, on the second Tuesday after the first Monday in June 2019, there must be elected by the qualified voters of the City [,] pursuant to the provisions of this Charter in effect at [a] the general municipal election [to be] held for that purpose:
[On] Notwithstanding the provisions of subsections 7 and 8, on the second Tuesday after the first Monday in June [,] pursuant to the provisions of this Charter in effect at [a] the general municipal election [to be] held for that purpose:
On the first Tuesday after the first Monday in there must be elected , [by the qualified voters of the City,] at a general municipal election to be held for that purpose, a period of 4 years and until their successors have been elected and qualified.
On the first Tuesday after the first Monday in November 2022, and at each successive interval of 4 years, there must be elected , [by the qualified voters of the City,] at a general municipal election to be held for that purpose, a Mayor and one Council Member who shall hold office for a period of 4 years and until their successors have been elected and qualified.
On the first Tuesday after the first Monday in November 2022, and at each successive interval of 6 years, there must be elected , [by the qualified voters of the City,] at a general municipal election to be held for that purpose, a Municipal Judge for Department 2 who shall hold office for a period of 6 yearsand untilhis or her successor has beenelected and qualified.
On the first Tuesday after the first Monday in November 2022, and at each successive interval of 6 years, there must be elected , [by the qualified voters of the City,] at a general municipal election to be held for that purpose, a period of 6 yearsand untilhis or her successor has beenelected and qualified.
On the first Tuesday after the first Monday in November 2024, and at each successive interval of 6 years, there must be elected , [by the qualified voters of the City,] at - *AB282_R2* – 8 – a general municipal election to be held for that purpose, a Municipal Judge for Department 3 who shall hold office for a period of 6 yearsand untilhis or her successor has beenelected and qualified.
On the first Tuesday after the first Monday in November 2024, and at each successive interval of 6 years, there must be elected , [by the qualified voters of the City,] at a general municipal election to be held for that purpose, a Municipal Judge for Department 3 who shall hold office for a - 80th Session (2019) – 8 – period of 6 yearsand untilhis or her successor has beenelected and qualified.
7.
candidates for the office of Council Member, must be voted upon by the registered voters of the City at large.
All candidates for elective office, other than candidates for the office of Council Member, must be voted upon by the registered voters of the City at large.
substantially the following form:ant to subsection 1 must be in require that a candidate for member of the City Council of the City of Henderson be voted upon only by the registered voters of the ward that the candidate seeks to represent? Yes No The voter shall mark the ballot by placing a cross (x) next to the word “yes” or “no” or by casting his or her vote for or against the question by another method of voting used in the City under the standards adopted pursuant to NRS 293C.369.
2.
The question required pursuant to subsection 1 must be in substantially the following form:
Shall the Charter of the City of Henderson be amended to require that a candidate for member of the City Council of the City of Henderson be voted upon only by the registered voters of the ward that the candidate seeks to represent? Yes  No  The voter shall mark the ballot by placing a cross (x) next to the word “yes” or “no” or by casting his or her vote for or against the question by another method of voting used in the City under the standards adopted pursuant to NRS 293C.369.
- *AB282_R2* – 9 – (a) Are not enacted into law and the question set forth in subsection 2 is approved by the voters, the provisions of sections 1, 2, 3 and 4 of this act apply to every city election that occurs following the election described in subsection 1.
- 80th Session (2019) – 9 – (a) Are not enacted into law and the question set forth in subsection 2 is approved by the voters, the provisions of sections 1, 2, 3 and 4 of this act apply to every city election that occurs following the election described in subsection 1.
(b) Are enacted into law and the question set forth in subsection 2 is approved by the voters, the provisions of sections 1, 2.5, 3.5 and 4.5 of this act apply to every city election that occurs following the election described in subsection 1.
(b) Are enacted into law and the question set forth in subsection is approved by the voters, the provisions of sections 1, 2.5, 3.5 and 4.5 of this act apply to every city election that occurs following the election described in subsection 1.
Notwithstanding any other provision of law to the contrary, any person:
Notwithstanding any other provision of law to the con1.aryElected or appointed to the office of Council Member of the City of Henderson to represent the City at large and who holds office on the effective date of sections 1, 2, 3 and 4 of this act or sections 1, 2.5, 3.5 and 4.5 of this act, as applicable, shall be deemed to hold an officethat representsthe wardin whichthe person mustbe aqualified elector pursuant to section 2.010 of the Charter of the City of Henderson.
1.
Elected or appointed to the office of Council Member of the City of Henderson to represent the City at large and who holds office on the effective date of sections 1, 2, 3 and 4 of this act or sections 1, 2.5, 3.5 and 4.5 of this act, as applicable, shall be deemed to hold an officethat representsthe wardin whichthe person mustbe aqualified elector pursuant to section 2.010 of the Charter of the City of Henderson.
additional expenses of a local government that are related to the provisions of this act.
Sec.
effective upon passage and approval.ons 5 and 7 of this act become 2.
7.
The provisions of NRS 354.599 do not apply to any additional expenses of a local government that are related to the provisions of this act.
Sec.
8.
1.
This section and sections 5 and 7 of this act become effective upon passage and approval.
2.
50 of the 80th Session of the Nevada Legislature:
50 of the 80th Ses(a) Are not enacted into law and the question set forth in subsection 2 of section 5 of this act is approved by the voters of the City of Henderson, sections 1, 2, 3, 4 and 6 of this act become effective upon the completion of the canvass of the election described in subsection 1 of section 5 of this act by the City Council pursuant to section 5.100 of the Charter of the City of Henderson.
(a) Are not enacted into law and the question set forth in subsection 2 of section 5 of this act is approved by the voters of the City of Henderson, sections 1, 2, 3, 4 and 6 of this act become effective upon the completion of the canvass of the election described in subsection 1 of section 5 of this act by the City Council pursuant to section 5.100 of the Charter of the City of Henderson.
- 80th Session (2019) – 10 – (b) Are enacted into law and the question set forth in subsection Henderson, sections 1, 2.5, 3.5, 4.5 and 6 of this act become effective upon the completion of the canvass of the election described in subsection 1 of section 5 of this act by the City Council pursuant to section 5.100 of the Charter of the City of Henderson.
(b) Are enacted into law and the question set forth in subsection 2 of section 5 of this act is approved by the voters of the City of Henderson, sections 1, 2.5, 3.5, 4.5 and 6 of this act become effective upon the completion of the canvass of the election described in subsection 1 of section 5 of this act by the City Council pursuant to section 5.100 of the Charter of the City of Henderson.
~~~~~ 19 - 80th Session (2019)
H - *AB282_R2*
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Amendments

2 amendments

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Action History

  1. Chapter 350.

  2. Approved by the Governor.

  3. Enrolled and delivered to Governor.

  4. Senate Amendment No. 839 concurred in. To enrollment.

  5. In Assembly.

  6. Read third time. Passed, as amended. Title approved. (Yeas: 19, Nays: None, Excused: 2.) To Assembly.

  7. From printer. To re-engrossment. Re-engrossed. Second reprint. Taken from General File. Placed on General File for next legislative day.

  8. Read second time. Amended. (Amend. No. 839.) To printer.

  9. From committee: Amend, and do pass as amended.

  10. In Senate. Read first time. Referred to Committee on Legislative Operations and Elections. To committee.

  11. From printer. To engrossment. Engrossed. First reprint. Read third time. Passed, as amended. Title approved, as amended. (Yeas: 39, Nays: 2, Excused: 1.) To Senate.

  12. From committee: Amend, and do pass as amended. Placed on Second Reading File. Read second time. Amended. (Amend. No. 461.) To printer.

  13. From printer. To committee.

  14. Read first time. Referred to Committee on Legislative Operations and Elections. To printer.

Sponsors

Sponsorship breakdown

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5 sponsors · 0 co-sponsors · 62 not signed on

Sponsors (5)

Co-sponsors (0)

None.

Not signed on (62)

62 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

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elections
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Frequently asked questions

What does AB 282 do?
AN ACT relating to the City of Henderson; requiring, under certain circumstances, a member of the City Council of the City of Henderson to be elected only by the registered voters of the ward that he or she seeks to represent; and providing other matters properly relating thereto.
Who sponsors AB 282?
AB 282 is sponsored by Assemblywoman Ellen Spiegel, Joyce Woodhouse, Keith Pickard, Ozzie Fumo, and Cohen, Lesley.
What is the current status of AB 282?
This bill has been enacted into law. Introduced March 18, 2019. Enacted.
Where can I track AB 282?
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