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Nevada Question 2, Old Age Pensions Initiative (1944)
Nevada Question 2 | |
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Election date |
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Topic Public assistance programs and Public employee retirement funds |
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Status |
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Type Indirect initiated state statute |
Origin |
Nevada Question 2 was on the ballot as an indirect initiated state statute in Nevada on November 7, 1944. It was approved.
A "yes" vote supported providing compulsory old-age assistance to needy seniors in Nevada and establishing state and county funds. |
A "no" vote opposed providing compulsory old-age assistance to needy seniors in Nevada and establishing state and county funds. |
Election results
Nevada Question 2 |
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Result | Votes | Percentage | ||
19,078 | 53.51% | |||
No | 16,573 | 46.49% |
Text of measure
Ballot title
The ballot title for Question 2 was as follows:
“ | Shall—An Act relating to and providing for the general welfare of the State of Nevada and of the people thereof by providing for compulsory old-age assistance to needy aged persons in this state, as defined and provided for in this act; defining certain terms; designating the single state agency of this state to supervise the administration thereof, and defining the authority and duties thereof; providing for cooperation with the government of the United States in furnishing such pensions or assistance pursuant to the provisions of the so-called social security act of Congress, approved August 14, 1935; designating the boards, and other agencies, authorized to administer and supervise the administration of such assistance and defining the authority and duties thereof; defining the minimum amount of such need and assistance to each such needy aged person and the qualifications for eligibility therefor; authorizing the making and promulgation of rules and regulations relating to the administration of this act; providing for the establishment of certain state and county funds and regulating the expenditures therefrom; providing penalties for the violation of the provisions of this act; repealing a certain act and all other acts and parts of acts of this state in conflict herewith; and other matters relating thereto. The People of the State of Nevada do enact as follows: SECTION 1. As used in this act: “State Department” means the state welfare department created by the state welfare act entitled “An act providing for the creation of a state welfare department; defining the powers and duties of such department; providing means of cooperation with the federal government and with the counties of Nevada in all matters concerning public assistance to needy individuals; authorizing the administration of funds appropriated or made available to said state welfare department; outlining the duties and authority of the state department and of the officers and employees of that department; making an appropriation for the support thereof; repealing all acts and parts of acts in conflict herewith; and other matters relating thereto.” “State Board” means the state board of relief, work planning and pension control of this state, as created by chapter 138, 1935 Statutes of Nevada, pages 301-304, both inclusive: designated under the state welfare act as the board of said state department. “Secretary” means the secretary of said state board. “County Board” means the board of county commissioners of a county. “Social Security Act” means the act of Congress approved August 14, 1935, and compiled as United States code, title 42, section 301, and certain sections following that section, as amended. “Applicant” means any person who has applied for assistance under this act. “Recipient” means any person who has received and is still receiving assistance. “Assistance” means money payments to aged persons in need. SEC. 2. Assistance shall be granted under this act to any person who has all of the following qualifications combined at the time of the making of application therefor: (a) Is 65 years of age or older; provided that if the Congress of the United States shall enact any law reducing the age of eligibility for old age assistance, such reduced age limit shall be the age limit under this act. (b) Is a resident of the State of Nevada who has actually resided in this state for a period of five years or more during the nine years immediately preceding the making of the application for such assistance, the last one year of which shall have been continuous and immediately preceding the making of such application; (c) Is a citizen of the United States of America; (d) Is in need of financial or other assistance as provided for in this act, and has not sufficient income from all other available sources to provide a reasonable subsistence compatible with decency, health, and needs as provided for in this act; (e) Is not an inmate of or being maintained by any municipal, county, state, federal or other public institution at the time of receiving any such assistance; provided, such an inmate may, however, make application for such assistance, but the same, if granted, shall not in the case of a person without dependents begin until after he or she ceases to be such inmate; provided further, no recipient having a dependent, or dependents, shall be deprived of his or her pension or assistance on account of any temporary confinement in such institution. (f) Has not, at any time within three years immediately prior to the filing of application for assistance, pursuant to the terms of this act, made any deed, conveyance, bill of sale, assignment, or other transfer of property so as to render himself or herself eligible for such assistance under this act. (g) For the purposes of determining age of applicant as set out in subdivision (a), hereinabove, of section 2 of this act, any of the following documents showing his approximate age shall be sufficient proof of the age of the applicant: (1) Certificate of birth of applicant; (2) Certificate of baptism of applicant; (3) His statement of his age as recorded in his application for marriage license or in his marriage license, or certificate of marriage, or in his application for insurance if made prior to March 29th, 1937, or at least five (5) years prior to the date of such application;(4) Statement of age of the applicant as shown by certified copy or copies of his or her record of registration for voting if said record of registration was made at least five (5) years prior to the date of such application; (5) Entries in a family Bible or other genealogical record or memorandum of the family of such applicant; (6) The returns of the United States census taken at least five (5) years prior to the date of such application; (7) The affidavit of a reputable person if it is based upon his personal knowledge of facts which would determine and satisfactorily show the probable age of the applicant and is not merely a statement of belief based on applicant's personal appearance; such affidavit shall contain statements of the circumstances upon which said affiant’s knowledge is based. (8) The board may also accept any other proof which in its opinion is sufficient to satisfactorily establish applicant’s age. SEC. 3. The amount of the old-age assistance which any person shall receive under the provisions of this act shall be determined with due regard to the resources and necessary expenditures of the individual and the conditions existing in each case, and shall, in any event, be sufficient, when added to all other income and support of the recipient, to provide such person with a reasonable subsistence, compatible with decency and his or her needs and health. The amount of income reasonably necessary to support each needy aged person requiring assistance, pursuant to the provisions of this act, including all income from every source, is hereby determined and designated as not less than $40 per month and, in determining the amount of assistance for each such person, the county board and state board shall fix the amount of such assistance at such a sum as, when added to all income from every source, shall equal the sum of not less than $40 per month; provided, however, that no person receiving aid under the provisions of this act shall be deemed a pauper by reason thereof. No warrant drawn in payment of the aid given under the provisions of this act shall contain any reference to indigency or pauperism. SEC. 4. The state department shall: (a) Supervise and cooperate with the county boards in the administration of assistance to the needy aged under this act; (b) Make such rules and regulations and take such action as may be necessary or desirable for carrying out the provisions of this act. All rules and regulations made by the state department shall be binding on the counties and shall be complied with by the respective county boards; (c) Establish minimum standards for personnel employed by the state department and county boards in the administration of this act and make necessary rules and regulations to maintain such standards; (d) Prescribe the form of and cause the respective county boards to print and supply such forms as said state department may deem necessary and advisable and may direct for use in each county; (e) Cooperate with the federal government in matters of mutual concern pertaining to assistance to the needy aged, including the adoption of such methods of administration as are found by the federal government to be necessary for the efficient operation of the plan for such assistance; (f) Make such reports, in such form and containing such information, as the federal government may from time to time require, and comply with such provisions as the federal government may from time to time find necessary to assure the correctness and verification of such reports; (g) Publish an annual report to the governor of the State of Nevada, not later than four months after the close of each fiscal year, showing, for such year, the total amount paid under this act, the total number of persons assisted, and such other particulars as may be deemed advisable by said state board or as may be required by the governor of this state or by the federal government. (h) Submit to the governor of the State of Nevada on or before the 31st day of December of each even-numbered year for use in preparing his legislative budget for the next ensuing legislature of this state, and at such other times as he may direct, itemized budgets or estimates, and other information, in such form and detail as he may request. (i) Establish a merit system covering all personnel engaged in the administration of this act, and the state department shall have the authority to establish and enforce the necessary rules and regulations not inconsistent with law to maintain such merit system. SEC. 5. The county boards shall: (a) Cooperate with the state department in the administration of the provisions of this act in the respective counties subject to the rules and regulations prescribed by the state department pursuant to the provisions of this act; (b) Report to the state department at such times and in such manner and form as the state department may from time to time direct; (c) Mail checks received by it from the state department, under the provisions of this act, to recipient entitled thereto at his last known postoffice address with proper safeguard to assure that recipient or his legal representative actually receives the same. SEC. 6. Application for assistance under this act shall be made to the county board of the county in which the applicant resides. The application shall be in writing or reduced to writing in the manner and upon the form prescribed by the state department. Such application shall contain a statement of the amount of property, both personal and real, in which the applicant has an interest and of all income which he may have at the time of the filing of the application, and such other information as may be required by the state department. SEC. 7. Whenever a county board receives an application for assistance under this act, such application shall be promptly referred to the state department. An investigation and record shall promptly be made of the circumstances of the applicant in order to ascertain the facts supporting the application and in order to obtain such other information as may be required by the rules of the state department, provided no relative of the applicant or recipient shall be in anywise required to contribute to the support and maintenance of said applicant or recipient, and no questionnaire or inquisition whatsoever shall be made or forwarded to any such relative; nor shall applicant or recipient be required to submit the name or names of any relative or relatives for the purpose of inquiring as to their financial ability to contribute any sum whatsoever to the support and maintenance of said applicant or recipient, it being the intent and purpose of this act to remove all applicants and recipients from the operation, restrictions, and provisions of sections 5137 to 5150, inclusive, volume II, Nevada Compiled Laws, 1929, the same being known as the pauper laws. SEC. 8. Upon the completion of such investigation the state department shall promptly, but within thirty (30) days thereafter, report its findings and recommendations to the county board. The county board shall decide whether the applicant is eligible for assistance under the provisions of this act, and within that time, determine in accordance with the rules and regulations of the state department the amount of such assistance and the date on which such assistance shall begin. Within ten (10) days after such determination, the county board shall notify the applicant and the state department of its decision. Such assistance shall be paid monthly to the applicant in the manner hereinafter provided for in this act. SEC. 9. Assistance granted under this act shall not be transferable or assignable at law or in equity, and none of the money paid or payable under this act shall be subject to execution, levy, attachment, garnishment or other legal process, or to the operations of any bankruptcy or insolvency law. SEC. 10. If an application is denied by the county board in whole or in part, or if any award of assistance is modified or canceled under any provision of this act, the applicant or recipient may appeal to the state department or county welfare department, if one there be, in the manner and form prescribed by the state or county welfare department. The state or county welfare department, whichever has jurisdiction, shall, upon receipt of such an appeal, give the applicant or recipient reasonable notice and opportunity for a fair hearing. The state department may also, upon its own motion, review any decision of a county board, and may consider any application upon which a decision has not been made by the county board within a reasonable time. The state department may make such additional investigation as it may deem necessary, and shall make such decision as to the granting of assistance and the amount of assistance to be granted the applicant as in its opinion is justified and in conformity with the provisions of this act. Applicants or recipients affected by such decisions of the state department shall, upon request, be given reasonable notice and opportunity for a fair hearing by the state department. All decisions of the state department shall be final and shall be binding upon the county involved and shall be complied with by the county board. SEC. 11. All assistance grants made under this act shall be reconsidered by the county board as frequently as may be required by the rules of the state department. After such further investigation as the county board or the state department may deem necessary, the amount of assistance may be changed or assistance may be entirely withdrawn if the state department or the county board finds that the recipient’s circumstances have altered sufficiently to warrant such action. SEC. 12. On the death of any recipient, the total amount of assistance paid under this act shall be allowed as a claim against any estate of such person, after funeral expenses, the expenses of the last illness, and the expense of administering the estate have been paid; provided that no claim shall be enforced against any real estate of a recipient while it is occupied by the surviving spouse or dependent of the recipient. No conveyance, transfer, or assignment of real or personal property shall be required of any applicant in order to secure the benefits of the Nevada old-age assistance act; provided, however, that any deed, conveyance or transfer of real or personal property, made by the applicant or recipient so as to defeat the purposes of this act and without the consent of the board, shall be null and void. The federal government shall be entitled to a share of any amounts collected from the estate of recipients equal to not more than one-half of the amount collected, if required as a condition to federal financial participation. The amount due to the United States shall be paid promptly to the United States government. The remainder shall be paid to the old-age assistance fund of the State of Nevada, and to the county or counties concerned in proportion as their interests may appear. SEC. 13. The award finally made of assistance to any recipient shall, upon his removal to another county of this state and his becoming a resident thereof, continue and be paid by the county theretofore awarding the same for a period of thirty days after such removal, after which his assistance from that county shall cease; and at any time thereafter, such recipient shall be entitled to apply for and, if eligible under the provisions of this act, shall be allowed and paid such old-age assistance by the county to which he so removed and of which he became such a resident as may be awarded by the county board of the county to which he so removed, subject to all the provisions and restrictions of this act just as if he had not theretofore been a recipient in said other county. SEC. 14. Each of the counties of this state shall provide necessary and ample funds with which to pay old-age assistance to the needy aged persons thereof, as provided for in this act, and to pay the expenses of county administration thereof by that county; and for that purpose, it is hereby made the mandatory duty of the board of county commissioners of each and every county of this state and of all the other officers in this state having anything to do with the assessment of property for purposes of taxation, and with the collection of taxes, to levy, assess and collect an ad valorem tax on all the taxable property in their respective counties at a sufficient tax rate to provide ample money with which to pay all old-age assistance and expenses required to be paid by each such county in complete compliance with the provisions of this act. The proceeds of such tax so collected in each county of this state shall be placed in a fund in the county treasury thereof and shall be designated the “Old-Age Assistance Fund” out of which such county treasurer shall, for convenience and economy in administration and in auditing accounts, transmit to the state treasurer monthly, or quarterly, at the time required by the rules and regulations of the state board, the full amount necessary to pay one-fourth of the total amount of old-age assistance to be paid in that county pursuant to section 3 of this act as certified to him by the county clerk of that county. The state treasurer shall place the same in a fund in the state treasury to be designated “Old-Age Assistance Fund of ____ County,” naming the particular county from which the particular money was so sent to him, and shall keep the money so sent him from each county in a separate account and fund for and as funds of that particular county, to be used for the purposes of this act in that county alone. It shall be the duty of said state treasurer as such officer to receive and so deposit said moneys, and to safely and faithfully keep, handle, and disburse such moneys for the said purposes alone in the manner hereinafter and in section 17 of this act provided for, and to render a true account of all such moneys; and he and the surety on his official bond to the State of Nevada, as such state treasurer, shall be responsible for all such moneys to the same extent as is provided for in his official bond for other public moneys in his custody. SEC. 15. The funds to pay for the state’s participation in old-age assistance under this act shall be raised by the levy and collection of an ad valorem tax upon all the taxable property in this state, including the net proceeds of mines, sufficient to produce enough money to pay the state’s one-fourth (¼) of the total amount of such old-age assistance and administration thereof, as provided for in this act, and shall be included in the state tax levy for each fiscal year hereafter unless and until otherwise provided by law. The state taxes so levied shall be collected and transmitted to and deposited in the state treasury in the same manner as now provided by law for the collection, transmission and deposit of other state taxes. The state treasurer shall, immediately upon receipt of any moneys so received by such taxation and bond issue, or either of them, place the same in a fund in the state treasury to be known and designated as “State Old-Age Assistance Fund,” out of which the state’s portion of the old-age assistance provided for in this act shall be paid upon warrants drawn by the state controller and paid by the state treasurer as hereinafter provided. SEC. 16. All moneys furnished by the federal government pursuant to said social security act shall be deposited in the state treasury of this state in a fund which shall be designated “Old-Age Assistance Fund,” and used only for the purposes provided for in said social security act and in pursuance of the provisions of this act. It shall be the duty of the state treasurer of this state, as such officer, to receive and so deposit said moneys, and to safely and faithfully keep and handle such moneys for the said purposes and to render a true account of all such moneys; and he and the surety on his official bond to the State of Nevada as such state treasurer shall be responsible for all such moneys to the same extent as is provided for in his said bond for other public moneys in his custody. Insofar as the portion of the moneys so deposited to apply on the payment of old-age assistance in this state is concerned, it shall be used to pay directly to each recipient entitled thereto as determined by the county board of the county in which such recipient resides, and certified to said state controller and state treasurer by the secretary of said state board in the manner provided for in this act, for use in paying one-half of the amount of old-age assistance which applicants and recipients in the particular county are entitled, as provided for in this act and in said social security act, in the same manner as other state moneys are disbursed. SEC. 17. For the purposes of convenience and economy in distribution and in the auditing of accounts so that it will not be necessary to draw and transmit to each recipient more than one warrant each month for his entire old-age assistance from all of the said three sources provided for under this act, the state controller and state treasurer are hereby authorized to combine in one fund in the state treasury, to be designated “Combined Old-Age Assistance Fund,” the said “Old-Age Assistance Fund” so composed of federal funds, the said “State Old-Age Assistance Fund” so composed of state funds, and the said old-age assistance funds of the several counties of this state so composed of county funds, by transferring therefrom the funds therein to said “Combined Old-Age Assistance Fund” as and when needed for distribution to recipients, by and upon warrants drawn by the state controller upon said “Old-Age Assistance Fund,” “State Old-Age Assistance Fund,” and the old-age assistance funds of the several counties, respectively, and the payment by said state treasurer of said warrants into said “Combined Old-Age Assistance Fund.” SEC. 18. The secretary of the said state board shall furnish to the governor of this state and to the state controller and state treasurer a full, true, and correct list of recipients in each county of this state entitled to such assistance, and of the monthly amount to be paid to each of them from said federal funds, certified to by him as being a full, true, and correct list of such recipients in that county and the amount to which each of them is entitled under this act, which list is subject to revision by said state board and its secretary to make it conform to such changes as may be duly made pursuant to the terms of this act. The state controller of this state shall promptly, upon receiving such certified list, draw his warrant upon said fund payable to each such recipient in the amount to which he or she is entitled, upon and pursuant to such certified list, and said state treasurer shall pay the same. Every such warrant shall be for the total amount of federal, state, and county funds to which each such recipient is entitled under the provisions of this act. Said state controller shall, immediately after such warrants have been so drawn, in the manner provided by law, mail all such warrants for distribution in each county to the county clerk of that county; said county clerk shall, immediately upon receipt thereof, mail such warrants to each of the recipients in that county entitled thereto or to his duly appointed and qualified guardian, if he has any such guardian, taking proper receipts therefor, or assuring himself by other proper evidence of such delivery. Insofar as that portion of said moneys so deposited to pay on the expenses of the administration of this act and of said social security act, and in the distribution of such old-age assistance is concerned, it shall be disbursed in the same manner as provided for hereinbefore in this section, except that the claims therefor shall be made and filed directly by the claimants entitled thereto and paid directly to them, upon the written approval of such claims by said secretary of said state board, and the audit and allowance thereof as required by the laws of this state; provided, however, that the state controller may, and he hereby is authorized to use a facsimile of his own handwritten signature, produced through a mechanical device, instead of his handwritten signature, in drawing and issuing his warrants for such old-age assistance payments; and said state treasurer may, and is hereby authorized to use a facsimile of his handwritten signature, produced through a mechanical device, instead of his handwritten signature, in countersigning such warrants; and provided further, that said mechanical device shall be of such nature that said facsimile signature may be removed from said mechanical device and kept in a separate and secure place; and provided further, that said facsimile signature of said state controller shall be made and used only under his personal direction and supervision in drawing and issuing such warrants, and said facsimile signature of said state treasurer shall be made and used only under his personal direction and supervision in countersigning said warrants; and provided further, that all of said mechanical devices shall, at all times, be kept in a vault, securely locked, when not so in use, to the end that any misuse, fraudulent use, or other improper use thereof shall be prevented. All officers mentioned hereinbefore in this section and concerned with the handling of such federal funds are hereby fully authorized to do and perform all acts and things necessary to accomplish the purposes of this section. The books, records, and accounts of said state controller and state treasurer relating to said old-age assistance fund in said state treasury shall be open to inspection and subject to audit by the United States government or said auditor of public accounts of the United States, or any other duly authorized auditor, accountant, or agent of either thereof. SEC. 19. Whoever knowingly obtains, or attempts to obtain, or aids, or abets any person to obtain by means of a willfully false statement or representation or by impersonation, or other fraudulent device, assistance to which he is not entitled, assistance greater than that to which he is justly entitled; any recipient who disposes of his or her property without the consent of the county board, and with intent to defeat the purposes of this act; or whoever aids or abets in buying or in any way disposing of the property, either personal or real, of a recipient of assistance without the consent of the county board, and with the intent to defeat the purposes of this act, shall be guilty of a misdemeanor, and upon conviction thereof shall be fined not more than five hundred ($500) dollars or be imprisoned for not more than three (3) months, or be both so fined and imprisoned in the discretion of the court. In assessing the penalty the court shall take into consideration, among other factors, the amount of money fraudulently received. SEC. 20. Subject to the provisions and under the restrictions contained in this act, every aged needy person, as defined in this act, while residing and being a resident of the State of Nevada shall be entitled, as a matter of right, to old-age assistance, as provided for in this act; and the provisions of this act providing for the furnishing and payment thereof are and shall be construed to be mandatory. SEC. 21. Compliance with the mandatory provisions of this act may be enforced by writ of mandamus or other appropriate action or suit in any court of competent jurisdiction of this state upon proper proceeding therefor by or on behalf of the state board of any aggrieved applicant or recipient; and nothing in this act shall preclude any such applicant or recipient from recourse to the courts of this state to enforce his rights under any of the provisions of this act. SEC. 22. No person shall make any charge or receive any fees for assisting or representing an applicant or recipient of old-age assistance under this act; but the district attorneys of the respective counties of this state shall furnish them such assistance, not inconsistent with their duties as such district attorneys, as such applicants and recipients may require without additional compensation therefor. SEC. 23. All assistance granted under this act shall be deemed to be granted and to be held subject to the provisions of this act, and thereafter subject to the provisions of any amending or repealing act that may hereafter be passed and approved, and no recipient shall have any claim for such assistance or for any compensation, or otherwise, by reason of his assistance being affected in any way by any amending or repealing act. SEC. 24. If in the future the Congress of the United States shall pass any law or laws that have the effect of liberalizing the participation of the federal government in the Nevada old-age assistance act either as to the reduction of the age of eligibility for assistance, or otherwise, the state and county boards are hereby authorized and empowered to accept the increased benefits of such congressional legislation, insofar as such acceptance may be legally delegated by the legislature to said boards. SEC. 25. If any section, sentence, clause, phrase, word or portion of this act shall be held invalid or unconstitutional, the remaining provisions thereof shall not be affected thereby but shall continue to be given full force and effect as if the part so held invalid or unconstitutional had not been included herein. SEC. 26. This act shall be cited as the Nevada old-age assistance act. SEC. 27. That certain act of the legislature of this state entitled “An act relating to and providing for the general welfare of the State of Nevada and of the people thereof by providing for compulsory old-age assistance to needy aged persons in this state, as defined and provided for in this act; defining certain terms; designating the single state agency of this state to supervise the administration thereof, and defining the authority and duties thereof; providing for cooperation with the government of the United States in furnishing such pensions or assistance pursuant to the provisions of the so-called social security act of Congress, approved August 14, 1935; designating the boards, and other agencies, authorized to administer and supervise the administration of such assistance and defining the authority and duties thereof; defining the minimum amount of such need and assistance to each such needy aged person and the qualifications for eligibility therefor; authorizing the making and promulgation of the rules and regulations relating to the administration of this act; providing for the establishment of certain state and county funds and regulating the expenditures therefrom; providing penalties for the violation of the provisions of this act; repealing a certain act and all other acts and parts of acts of this state in conflict herewith; and other matters relating thereto,” approved March 15, 1937, being chapter 67, page 129 of the 1937 Statutes of Nevada, as amended by chapter 8, page 8; chapter 109, page 246; and chapter 160, page 370, all of the 1941 Statutes of Nevada, which act as so amended is compiled as Nevada Compiled Laws—Supplement, 1931–1941, sections 5154.01–5154.28, both inclusive, and all other laws and parts of laws of this state in conflict with this act are hereby repealed.—be approved? | ” |
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An indirect initiated state statute is a citizen-initiated ballot measure that amends state statute. There are nine (9) states that allow citizens to initiate indirect state statutes.
While a direct initiative is placed on the ballot once supporters file the required number of valid signatures, an indirect initiative is first presented to the state legislature. Legislators have a certain number of days, depending on the state, to adopt the initiative into law. Should legislators take no action or reject the initiative, the initiative is put on the ballot for voters to decide.
In Nevada, the number of signatures required for an indirect initiated state statute is equal to 10% of the total number of votes cast in the preceding general election. Once sufficient signatures have been collected, statutory initiatives are first presented to the Nevada State Legislature. The legislature has 40 days to decide on the measure. If approved by the legislature and signed by the governor, the proposed statute becomes law. If not, the law is submitted to voters at the next general election. A simple majority vote is required for voter approval.
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