Assembly Bill No. 425-Committee on Government Affairs
(On Behalf of Lander County)
April 29, 1997
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Referred to Committee on Government Affairs
SUMMARY--Makes changes relating to disability of local public officer. (BDR 23-556)
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 public officers; providing that a vacancy arises if a local officer is unable for a certain period to perform his duties; requiring local governments to insure against shorter disabilities; and providing other matters properly relating thereto.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
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Section 1 Chapter 281 of NRS is hereby amended by adding thereto a new section to read as follows:
Each county, city, town and other local government of this state which has elected officers shall provide by a policy of insurance or by self-insurance for the payment of an amount equal to at least 80 percent of the salary of an elected officer for at least 6 months during the disability of the officer. The beneficiary must be the local government, to enable it to compensate one or more persons for performing the duties of the officer during his disability.
Sec. 2 NRS 283.040 is hereby amended to read as follows:
283.040 1. Every office becomes vacant upon the occurring of any of the following events before the expiration of the term:
(a) The death or resignation of the incumbent.
(b) The removal of the incumbent from office.
(c) The confirmed insanity of the incumbent, found by a court of competent jurisdiction.
(d) A conviction of the incumbent of any felony or offense involving a violation of his official oath or bond or a violation of NRS 241.040 or 293.1755.
(e) A refusal or neglect of the person elected or appointed to take the oath of office, as prescribed in NRS 282.010 [;] or, when a bond is required by law, his refusal or neglect to give such a bond within the time prescribed by law.
(f) The ceasing of the incumbent to be a resident of the state, district, county, city, ward or other unit prescribed by law in which the duties of his office are to be exercised, or from which he was elected or appointed, or in which he was required to reside to be a candidate for office.
(g) The neglect or refusal of the incumbent to discharge the duties of his office for a period of 30 days, except when prevented by sickness [,] or absence from the state or county, as provided by law. If an incumbent, except a state officer, is prevented by sickness or other disability from discharging the duties of his office for 6 months, the office becomes vacant.
(h) The decision of a competent tribunal declaring the election or appointment void or the office vacant.
2. Upon the happening of any of the events enumerated in subsection 1, should the incumbent fail or refuse to relinquish his office, the attorney general shall, if the office affected is a state office or concerns more than one county, or the district attorney shall, if the office affected is a county office or concerns territory within one county, commence and prosecute, in a court of competent jurisdiction, any proceedings for judgment and decree declaring such office vacant.
Sec. 3 This act becomes effective on July 1, 1997.