Assembly Bill No. 68

Assembly Bill No. 68-Committee on Government Affairs

CHAPTER

126

AN ACT relating to cities; revising the qualifications relating to residency for certain appointive city offices and positions; and providing other matters properly relating thereto.

[Approved June 6, 1997]

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

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Section 1. NRS 266.400 is hereby amended to read as follows:
266.400 [No person is eligible to any office:
1. Who is not a qualified elector of the city, except that a person need not be a resident of the city to be eligible to the office of city attorney.
2. Who]
1. The city council, by ordinance, may require, as a qualification for an appointive office of the city, other than city attorney, and for appointment as a deputy pursuant to NRS 266.455, that the person appointed reside actually, and not constructively, within:
(a) The limits of the city; or
(b) The county in which the city is located.
2. A person who is a defaulter to the city [.] is ineligible to hold any city office.
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 bond within the time prescribed by law.
(f) [The] Except as otherwise provided in NRS 266.400, 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 [.] or appointed to 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.
(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.
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