Assembly Bill No. 296

Assembly Bill No. 296-Committee on Government Affairs

March 20, 1997
____________

Referred to Committee on Government Affairs

SUMMARY--Revises provisions relating to publication of notice concerning adoption of proposed ordinances for certain unincorporated towns. (BDR 21-1150)

FISCAL NOTE: Effect on Local Government: Yes.

Effect on the State or on Industrial Insurance: No.

EXPLANATION - Matter in italics is new; matter in brackets [ ] is material to be omitted.

AN ACT relating to unincorporated towns; requiring the title and summary of certain proposed ordinances to be published before the meeting at which the ordinance is to be adopted or otherwise acted upon by the town board or board of county commissioners; and providing other matters properly relating thereto.

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

Section 1 NRS 269.155 is hereby amended to read as follows:
269.1551. In addition to the powers and jurisdiction conferred by other laws, the town board or board of county commissioners shall [have the power and duty to pass and adopt] :
(a) Adopt all ordinances, rules and regulations for any unincorporated town [, and do and perform] ; and
(b) Perform all other acts [and things] necessary for the execution of the powers and jurisdiction conferred by this chapter.
2. [All ordinances shall be signed] Except as otherwise provided in this section and NRS 269.167, each ordinance must be:
(a) Signed by the chairman of the town board and attested to by the town clerk, or signed by the chairman of the board of county commissioners and attested to by the county clerk [and, except as provided in subsection 3, shall be published] ; and
(b) Published in full in a newspaper published in and having a general circulation in the county at least once a week for [a period of] 2 weeks before the [same are] ordinance is effective.
3. Except as otherwise provided in subsection 4, in any unincorporated town whose population is 5,000 or more, if the town board or board of county commissioners proposes the adoption of an ordinance for the town, the town board or the board of county commissioners shall, not less than 10 days before the meeting of the board at which the proposed ordinance is to be adopted or otherwise acted upon, cause the title and summary of the proposed ordinance to be published in a newspaper of general circulation in the town, or if no such newspaper is published in the town, in a newspaper of general circulation published in the county.
4. Ordinances relating to the issuance of municipal securities , [(] as that term is defined in the Local Government Securities Law , [)] and ordinances adopting any specialized or uniform codes, including , but not limited to , building, electrical and plumbing codes, printed in book or pamphlet form, may be published by title only, together with the names of the members of the town board or the county commissioners voting for or against their passage, in a newspaper published in and having a general circulation in the county, at least once a week for [a period of] 2 weeks before the [same] ordinances are effective. Publication by title [shall also contain] must set forth a statement [to the effect] indicating that typewritten copies of the ordinance are available for inspection at the office of the town clerk or the county clerk by all interested persons.
[4.] 5. All ordinances of the town or city [in force at] that:
(a) Are in effect on the date of the assumption of the town board or board of county commissioners of the powers and duties conferred or imposed by this chapter [, and not inconsistent therewith, shall] ; and
(b) Are not inconsistent with those powers and duties,
remain in [full force] effect and must be enforced until changed or repealed by the board.
Sec. 2 The provisions of subsection 1 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. 3 The amendatory provisions of this act do not apply to a proposed ordinance for an unincorporated town whose population is 5,000 or more that is adopted before October 1, 1997.