Senate Bill No. 229–Senators O’Connell and Titus

 

March 3, 2003

____________

 

Referred to Committee on Government Affairs

 

SUMMARY—Makes various changes regarding public bodies. (BDR 19‑16)

 

FISCAL NOTE:  Effect on Local Government: Yes.

                           Effect on the State: Yes.

 

~

 

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

 

AN ACT relating to public bodies; prohibiting certain public bodies from voting on an item on the agenda until public comment has been allowed on the item under certain circumstances; revising provisions governing notice of meetings of public bodies; requiring certain public bodies to post the minutes of a public meeting on the Internet; requiring certain public bodies to make and retain an audio recording of a public meeting; providing that certain meetings regarding prisoners and persons on parole or probation are not subject to the open meeting law; requiring that a member of certain agencies be present at a workshop of the agency concerning a proposed regulation of the agency, if practicable; authorizing a board of trustees of a general improvement district to increase the compensation of the trustees under certain circumstances; authorizing the board of trustees of a general improvement district to adopt and enforce regulations regarding the date on which a charge for services provided by the district becomes delinquent; making certain changes regarding the merger, consolidation or dissolution of certain general improvement districts; and providing other matters properly relating thereto.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

2-1  Section 1. Chapter 241 of NRS is hereby amended by adding

2-2  thereto a new section to read as follows:

2-3  1.  Except as otherwise provided in subsection 3, a public body

2-4  that is a governing board may not take action by vote on an item

2-5  on the agenda of a meeting on which action may otherwise be

2-6  taken until public comment on the item has been allowed. Such

2-7  public comment may be allowed immediately preceding action on

2-8  the specific item, during a single period preceding action on any

2-9  item on the agenda, or any combination thereof.

2-10      2.  Each public body that is a governing board shall adopt a

2-11  rule of procedure regarding the public comment required

2-12  pursuant to subsection 1.

2-13      3.  The provisions of this section do not apply to a contested

2-14  case, as that term is defined in NRS 233B.032.

2-15      Sec. 1.5.  NRS 241.015 is hereby amended to read as follows:

2-16      241.015  As used in this chapter, unless the context otherwise

2-17  requires:

2-18      1.  “Action” means:

2-19      (a) A decision made by a majority of the members present

2-20  during a meeting of a public body;

2-21      (b) A commitment or promise made by a majority of the

2-22  members present during a meeting of a public body;

2-23      (c) If a public body may have a member who is not an elected

2-24  official, an affirmative vote taken by a majority of the members

2-25  present during a meeting of the public body; or

2-26      (d) If all the members of a public body must be elected officials,

2-27  an affirmative vote taken by a majority of all the members of the

2-28  public body.

2-29      2.  “Meeting”:

2-30      (a) Except as otherwise provided in paragraph (b), means:

2-31          (1) The gathering of members of a public body at which a

2-32  quorum is present to deliberate toward a decision or to take action

2-33  on any matter over which the public body has supervision, control,

2-34  jurisdiction or advisory power.

2-35          (2) Any series of gatherings of members of a public body at

2-36  which:

2-37              (I) Less than a quorum is present at any individual

2-38  gathering;

2-39              (II) The members of the public body attending one or

2-40  more of the gatherings collectively constitute a quorum; and

2-41              (III) The series of gatherings was held with the specific

2-42  intent to avoid the provisions of this chapter.

2-43      (b) Does not include a gathering or series of gatherings of

2-44  members of a public body, as described in paragraph (a), at which a

2-45  quorum is actually or collectively present:

3-1       (1) Which occurs at a social function if the members do not

3-2  deliberate toward a decision or take action on any matter over which

3-3  the public body has supervision, control, jurisdiction or advisory

3-4  power.

3-5       (2) To receive information from the attorney employed or

3-6  retained by the public body regarding potential or existing litigation

3-7  involving a matter over which the public body has supervision,

3-8  control, jurisdiction or advisory power and to deliberate toward a

3-9  decision on the matter, or both.

3-10      3.  Except as otherwise provided in this subsection, “public

3-11  body” means any administrative, advisory, executive or legislative

3-12  body of the State or a local government which expends or disburses

3-13  or is supported in whole or in part by tax revenue or which

3-14  advises or makes recommendations to any entity which expends or

3-15  disburses or is supported in whole or in part by tax revenue,

3-16  including, but not limited to, any board, commission, committee,

3-17  subcommittee or other subsidiary thereof and includes an

3-18  educational foundation as defined in subsection 3 of NRS 388.750

3-19  and a university foundation as defined in subsection 3 of NRS

3-20  396.405. Except as otherwise provided by specific statute and

3-21  unless the context otherwise requires, “public body” includes a

3-22  “public body that is a governing board.” “Public body” does not

3-23  include the Legislature of the State of Nevada.

3-24      4.  “Public body that is a governing board” means a “public

3-25  body” as defined in subsection 3 that is:

3-26      (a) A legislative body of a local government that has the

3-27  authority to adopt an order, ordinance or rule, or other regulation;

3-28      (b) A public body to which another public body has delegated

3-29  the authority to take final action subject to appeal to that other

3-30  public body; or

3-31      (c) An executive or administrative body that has the authority

3-32  to adopt a regulation or to make a decision that constitutes a final

3-33  decision for the purposes of judicial review.

3-34  The term does not include an advisory body of the State or a local

3-35  government or a public body which has fewer than one full-time

3-36  administrative employee or whose members are not entitled by

3-37  statute to receive per diem or other compensation while engaged in

3-38  the business of the public body.

3-39      5.  “Quorum” means a simple majority of the constituent

3-40  membership of a public body or another proportion established by

3-41  law.

3-42      Sec. 2.  NRS 241.020 is hereby amended to read as follows:

3-43      241.020  1.  Except as otherwise provided by specific statute,

3-44  all meetings of public bodies must be open and public, and all

3-45  persons must be permitted to attend any meeting of these public

4-1  bodies. Public officers and employees responsible for these

4-2  meetings shall make reasonable efforts to assist and accommodate

4-3  physically handicapped persons desiring to attend.

4-4  2.  Except in an emergency, written notice of all meetings must

4-5  be given at least 3 working days before the meeting. The notice

4-6  must include:

4-7  (a) The time, place and location of the meeting.

4-8  (b) A list of the locations where the notice has been posted.

4-9  (c) An agenda consisting of:

4-10          (1) A clear and complete statement of the topics scheduled to

4-11  be considered during the meeting.

4-12          (2) A list describing the items on which action may be taken

4-13  and clearly denoting that action may be taken on those items.

4-14          (3) A period devoted to comments by the general public, if

4-15  any, and discussion of those comments. No action may be taken

4-16  upon a matter raised under this item of the agenda until the matter

4-17  itself has been specifically included on an agenda as an item upon

4-18  which action may be taken pursuant to subparagraph (2).

4-19          (4) If any portion of the meeting will be closed, an

4-20  indication of any item that is a closed session and an estimated

4-21  time for the conduct of that closed session. If the meeting will

4-22  include more than one closed session, the public body shall

4-23  schedule and consider those items consecutively, if practicable.

4-24      3.  Minimum public notice is:

4-25      (a) Posting a copy of the notice at the principal office of the

4-26  public body or, if there is no principal office, at the building in

4-27  which the meeting is to be held, and at not less than three other

4-28  separate, prominent places within the jurisdiction of the public body

4-29  not later than 9 a.m. of the third working day before the meeting;

4-30  and

4-31      (b) Providing a copy of the notice to any person who has

4-32  requested notice of the meetings of the public body. A request for

4-33  notice lapses 6 months after it is made [.] and may be renewed by

4-34  the requester in writing. The public body shall inform the requester

4-35  of this fact by enclosure with, notation upon or text included within

4-36  the first notice sent. The notice must be:

4-37          (1) Delivered to the postal service used by thepublic body

4-38  not later than 9 a.m. of the third working day before the meeting for

4-39  transmittal to the requester by regular mail; or

4-40          (2) [If feasible for the public body and the requester has

4-41  agreed to receive the public notice by electronic mail, transmitted]

4-42  Transmitted to the requester by electronic mail sent not later than 9

4-43  a.m. of the third working day before the meeting [.] if feasible for

4-44  the public body, the requester has agreed to receive the public

5-1  notice by electronic mail and receipt of such an electronic notice

5-2  can be verified.

5-3  4.  If a public body maintains [a] its own website on the Internet

5-4  or its successor, the public body shall post notice of each of its

5-5  meetings on its website not later than 9 a.m. of the third working

5-6  day before the meeting unless the public body is unable to do so

5-7  because of technical problems relating to the operation or

5-8  maintenance of its website. Regardless of whether it maintains its

5-9  own website on the Internet or its successor, a public body that is a

5-10  governing board shall post notice of each of its meetings on a

5-11  public website on the Internet or its successor not later than 9 a.m.

5-12  of the third working day before the meeting unless the public body

5-13  is unable to do so because of technical problems relating to the

5-14  operation or maintenance of the website. Notice posted pursuant to

5-15  this subsection is supplemental to and is not a substitute for the

5-16  minimum public notice required pursuant to subsection 3. The

5-17  inability of a public body to post notice of a meeting pursuant to this

5-18  subsection as a result of such technical problems [with its website]

5-19  shall not be deemed to be a violation of the provisions of this

5-20  chapter.

5-21      5.  Upon any request, a public body shall provide, at no charge,

5-22  at least one copy of:

5-23      (a) An agenda for a public meeting;

5-24      (b) A proposed ordinance or regulation which will be discussed

5-25  at the public meeting; and

5-26      (c) Any other supporting material provided to the members of

5-27  the publicbody for an item on the agenda, except materials:

5-28          (1) Submitted to the public body pursuant to a nondisclosure

5-29  or confidentiality agreement;

5-30          (2) Pertaining to the closed portion of such a meeting of the

5-31  public body; or

5-32          (3) Declared confidential by law.

5-33  If the requester has agreed to receive the information and material

5-34  set forth in this subsection by electronic mail, the public body shall,

5-35  if feasible, provide the information and material by electronic mail.

5-36      6.  A public body may provide the public notice, information

5-37  and material required by this section by electronic mail. If a public

5-38  body makes such notice, information and material available by

5-39  electronic mail, the public body shall inquire of a person who

5-40  requests the notice, information or material if the person will accept

5-41  receipt by electronic mail. The inability of a public body, as a result

5-42  of technical problems with its electronic mail system, to provide a

5-43  public notice, information or material required by this section to a

5-44  person who has agreed to receive such notice, information or

6-1  material by electronic mail shall not be deemed to be a violation of

6-2  the provisions of this chapter.

6-3  7.  As used in this section, “emergency” means an unforeseen

6-4  circumstance which requires immediate action and includes, but is

6-5  not limited to:

6-6  (a) Disasters caused by fire, flood, earthquake or other natural

6-7  causes; or

6-8  (b) Any impairment of the health and safety of the public.

6-9  Sec. 3.  NRS 241.035 is hereby amended to read as follows:

6-10      241.035  1.  Each public body shall keep written minutes of

6-11  each of its meetings, including:

6-12      (a) The date, time and place of the meeting.

6-13      (b) Those members of the public body who were present and

6-14  those who were absent.

6-15      (c) The substance of all matters proposed, discussed or decided

6-16  and, at the request of any member, a record of each member’s vote

6-17  on any matter decided by vote.

6-18      (d) The substance of remarks made by any member of the

6-19  general public who addresses the public body if he requests that the

6-20  minutes reflect his remarks or, if he has prepared written remarks, a

6-21  copy of his prepared remarks if he submits a copy for inclusion.

6-22      (e) Any other information which any member of the public body

6-23  requests to be included or reflected in the minutes.

6-24      2.  [Minutes] Except as otherwise provided in this subsection,

6-25  minutes of public meetings are public records[. Minutes or

6-26  audiotape recordings of the meetings] and must be [made] :

6-27      (a) Made available for inspection by the public ; and

6-28      (b) Except as otherwise provided in subsection 3, if the public

6-29  body is a public body that is a governing board, posted on a public

6-30  website on the Internet or its successor, if any,

6-31  within [30] 60 working days after the adjournment of the meeting at

6-32  which the minutes were taken [.] or, if the meeting was a meeting

6-33  of a public body that is a governing board, upon adoption and

6-34  approval of the minutes by the public body. The minutes shall be

6-35  deemed to have permanent value and must be retained by the public

6-36  body on the public website, if applicable, for at least 1 year and at

6-37  the office of the public body for at least 5 years[.] after the

6-38  adjournment of the meeting at which the minutes were taken.

6-39  Thereafter, the minutes may be transferred for archival preservation

6-40  in accordance with NRS 239.080 to 239.125, inclusive. Minutes of

6-41  meetings closed pursuant to NRS 241.030 become public records

6-42  when the public body determines that the matters discussed no

6-43  longer require confidentiality and the person whose character,

6-44  conduct, competence or health was discussed has consented to their

6-45  disclosure[.] in writing. That person is entitled to a copy of the

7-1  minutes upon request whether or not [they] the minutes become

7-2  public records.

7-3  3.  A public body that is a governing board is not required by

7-4  paragraph (b) of subsection 2 to post any exhibits that are

7-5  included in the written minutes on the public website. If the public

7-6  body that is a governing board does not post such exhibits on the

7-7  public website, the public body shall:

7-8  (a) Post a list of those exhibits on the website with the written

7-9  minutes in which those exhibits are included; and

7-10      (b) Indicate the location at which those exhibits are available

7-11  for public inspection.

7-12      4.  All or part of any meeting of a public body may be recorded

7-13  on audiotape or any other means of sound or video reproduction by

7-14  a member of the general public if it is a public meeting so long as

7-15  this in no way interferes with the conduct of the meeting.

7-16      [4.] 5. Each public body that is not a governing board may ,

7-17  and, except as otherwise provided in NRS 360.130, each public

7-18  body that is a governing board shall, record on audiotape or any

7-19  other means of sound reproduction each of its meetings, whether

7-20  public or closed. [If] An audio recording of a meeting [is so

7-21  recorded:

7-22      (a) The record must] :

7-23      (a) Must be retained by the public body for at least [1 year] 3

7-24  years after the adjournment of the meeting at which it was recorded.

7-25      (b) [The record of a public meeting is] Except as otherwise

7-26  provided in this paragraph, is a public record and must be made

7-27  available for inspection by the public [during the time the record is

7-28  retained.

7-29  Any record made pursuant to this subsection must] within 10

7-30  working days after the adjournment of the meeting at which it was

7-31  recorded. An audio recording of any portion of a meeting that is

7-32  closed pursuant to NRS 241.030 becomes a public record when the

7-33  public body determines that the matters discussed no longer

7-34  require confidentiality and the person whose character, conduct,

7-35  competence or health was discussed has consented to its disclosure

7-36  in writing. That person is entitled to a copy of the audio recording

7-37  upon request whether or not the recording becomes a public

7-38  record.

7-39      (c) Must be made available to the Attorney General upon

7-40  request.

7-41      [5.  If a public body elects to record a public meeting pursuant

7-42  to the provisions of subsection 4, any portion of that meeting which

7-43  is closed must also be recorded and must be retained and made

7-44  available for inspection pursuant to the provisions of subsection 2

7-45  relating to records of closed meetings. Any record made pursuant to

8-1  this subsection must be made available to the Attorney General

8-2  upon request.]

8-3  Sec. 4.  NRS 1A.100 is hereby amended to read as follows:

8-4  1A.100  1.  A system of retirement providing benefits for the

8-5  retirement, disability or death of all justices of the Supreme Court

8-6  and district judges and funded on an actuarial reserve basis is hereby

8-7  established and must be known as the Judicial Retirement System.

8-8  2.  The System consists of the Judicial Retirement Plan and the

8-9  provisions set forth in NRS 2.060 to 2.083, inclusive, and 3.090 to

8-10  3.099, inclusive, for providing benefits to justices of the Supreme

8-11  Court or district judges who served either as a justice of the

8-12  Supreme Court or district judge before November 5, 2002. Each

8-13  justice of the Supreme Court or district judge who is not a member

8-14  of the Public Employees’ Retirement System is a member of the

8-15  System.

8-16      3.  The official correspondence and records, other than the files

8-17  of individual members of the System or retired justices or judges,

8-18  and , except as otherwise provided in NRS 241.035, the minutes ,

8-19  audio recordings and books of the System are public records and

8-20  are available for public inspection.

8-21      4.  The System must be administered exclusively by the Board,

8-22  which shall make all necessary rules and regulations for the

8-23  administration of the System. The rules must include, without

8-24  limitation, rules relating to the administration of the retirement plans

8-25  in accordance with federal law. The Legislature shall regularly

8-26  review the System.

8-27      Sec. 4.5.  Chapter 213 of NRS is hereby amended by adding

8-28  thereto a new section to read as follows:

8-29      Except as otherwise provided in this chapter, a meeting or

8-30  hearing that may result in a recommendation or final decision to

8-31  grant, deny, continue or revoke the parole of a prisoner, certify a

8-32  prisoner pursuant to NRS 213.1214, commute a sentence, restore

8-33  a person’s civil rights, grant a pardon or reprieve or remit a fine

8-34  or forfeiture is not subject to any provision of chapter 241 of NRS.

8-35      Sec. 5.  NRS 231.090 is hereby amended to read as follows:

8-36      231.090  The Executive Director of the Commission on

8-37  Economic Development shall direct and supervise all its

8-38  administrative and technical activities, including coordinating its

8-39  plans for economic development, promoting the production of

8-40  motion pictures, scheduling the Commission’s programs, analyzing

8-41  the effectiveness of those programs and associated expenditures, and

8-42  cooperating with other governmental agencies which have programs

8-43  related to economic development. In addition to other powers and

8-44  duties, the Executive Director:

9-1  1.  Shall attend all meetings of the Commission and act as its

9-2  Secretary, keeping minutes and audio recordings of its proceedings.

9-3  2.  Shall report regularly to the Commission concerning the

9-4  administration of its policies and programs.

9-5  3.  Shall report annually to the Governor and the Commission

9-6  regarding the work of the Commission and may make such special

9-7  reports as he considers desirable to the Governor.

9-8  4.  May perform any other lawful acts which he considers

9-9  desirable to carry out the provisions of NRS 231.020 to 231.130,

9-10  inclusive.

9-11      Sec. 6.  NRS 231.220 is hereby amended to read as follows:

9-12      231.220  The Executive Director of the Commission on

9-13  Tourism shall direct and supervise all its administrative and

9-14  technical activities, including coordinating its plans for tourism and

9-15  publications, scheduling its programs, analyzing the effectiveness of

9-16  those programs and associated expenditures, and cooperating with

9-17  other governmental agencies which have programs related to travel

9-18  and tourism. In addition to other powers and duties, the Executive

9-19  Director:

9-20      1.  Shall attend all meetings of the Commission and act as its

9-21  Secretary, keeping minutes and audio recordings of its proceedings.

9-22      2.  Shall report regularly to the Commission concerning the

9-23  administration of its policies and programs.

9-24      3.  Shall serve as the Director of the Division of Tourism.

9-25      4.  Shall appoint the Administrator of the Division of

9-26  Publications.

9-27      5.  May perform any other lawful acts which he considers

9-28  necessary to carry out the provisions of NRS 231.160 to 231.360,

9-29  inclusive.

9-30      Sec. 7.  NRS 233A.065 is hereby amended to read as follows:

9-31      233A.065  The Executive Director of the Commission shall:

9-32      1.  Be jointly responsible to the Governor and the Commission.

9-33      2.  Direct and supervise all the technical and administrative

9-34  activities of the Commission.

9-35      3.  Attend all Commission meetings and act as Secretary,

9-36  keeping minutes and audio recordings of the proceedings.

9-37      4.  Report to the Governor and the Commission all matters

9-38  concerning the administration of his office. He shall request the

9-39  advice of the Commission regarding matters of policy, but he is

9-40  responsible, unless otherwise provided by law, for the conduct of

9-41  the administrative functions of the Commission Office.

9-42      5.  Compile, for Commission approval and submission to the

9-43  Governor, a biennial report regarding the work of the Commission

9-44  and such other matters as he may consider desirable.

10-1      6.  Serve as contracting officer to receive [funds] money from

10-2  the Federal Government or other sources for such studies as the

10-3  Commission deems necessary.

10-4      7.  Attend all meetings of any special study committee

10-5  appointed by the Governor pursuant to this chapter and act as

10-6  Secretary, keeping minutes and audio recordings of the

10-7  proceedings.

10-8      8.  Perform any lawful act which he considers necessary or

10-9  desirable to carry out the purposes and provisions of this chapter.

10-10     Sec. 8.  NRS 233B.061 is hereby amended to read as follows:

10-11     233B.061  1.  All interested persons must be afforded a

10-12  reasonable opportunity to submit data, views or arguments upon a

10-13  proposed regulation, orally or in writing.

10-14     2.  Before holding the public hearing required pursuant to

10-15  subsection 3, an agency shall conduct at least one workshop to

10-16  solicit comments from interested persons on one or more general

10-17  topics to be addressed in a proposed regulation. If the agency is a

10-18  board, commission or other similar body, at least one member of

10-19  the body must be present at each such workshop, if practicable.

10-20  Not less than 15 days before the workshop, the agency shall provide

10-21  notice of the time and place set for the workshop:

10-22     (a) In writing to each person who has requested to be placed on

10-23  a mailing list; and

10-24     (b) In any other manner reasonably calculated to provide such

10-25  notice to the general public and any business that may be affected

10-26  by a proposed regulation which addresses the general topics to be

10-27  considered at the workshop.

10-28     3.  With respect to substantive regulations, the agency shall set

10-29  a time and place for an oral public hearing, but if no one appears

10-30  who will be directly affected by the proposed regulation and

10-31  requests an oral hearing, the agency may proceed immediately to act

10-32  upon any written submissions. The agency shall consider fully all

10-33  written and oral submissions respecting the proposed regulation.

10-34     4.  The agency shall keep, retain and make available for public

10-35  inspection written minutes and an audio recording of each public

10-36  hearing held pursuant to subsection 3 in the manner provided in

10-37  [subsections 1 and 2 of NRS 241.035.

10-38     5.  The agency may record each public hearing held pursuant to

10-39  subsection 3 and make those recordings available for public

10-40  inspection in the manner provided in subsection 4 of] NRS 241.035.

10-41     Sec. 9.  NRS 244A.611 is hereby amended to read as follows:

10-42     244A.611  1.  The board shall choose one of its members as

10-43  chairman and one of its members as vice chairman, and shall elect a

10-44  secretary and a treasurer, who may be members of the board. The

10-45  secretary and the treasurer may be one person.

11-1      2.  The secretary shall keep[,] audio recordings of all meetings

11-2  and, in a well-bound book, a record of all of the proceedings of the

11-3  board, minutes of all meetings, certificates, contracts, bonds given

11-4  by employees, and all other acts of the board. [The] Except as

11-5  otherwise provided in NRS 241.035, the minute book , audio

11-6  recordings and records [shall] must be open to the inspection of all

11-7  owners of real property in the county as well as to all other

11-8  interested persons, at all reasonable times and places.

11-9      3.  The treasurer shall keep, in permanent records, strict and

11-10  accurate accounts of all money received by and disbursed for and on

11-11  behalf of the board and the county. He shall file with the county

11-12  clerk, at county expense, a corporate fidelity bond in an amount not

11-13  less than $5,000, conditioned for the faithful performance of his

11-14  duties.

11-15     Sec. 10.  NRS 266.250 is hereby amended to read as follows:

11-16     266.250  1.  The deliberations, sessions and proceedings of the

11-17  city council must be public.

11-18     2.  The city council shall keep written minutes and audio

11-19  recordings of its own proceedings as required pursuant to NRS

11-20  241.035. The yeas and nays must be taken upon the passage of all

11-21  ordinances, and all propositions to create any liability against the

11-22  city, or to grant, deny, increase, decrease, abolish or revoke licenses,

11-23  and in all other cases at the request of any member of the city

11-24  council or of the mayor, which yeas and nays must be entered in the

11-25  minutes of its proceedings.

11-26     3.  The affirmative vote of a majority of all the members elected

11-27  to the city council is necessary to pass any such ordinance or

11-28  proposition.

11-29     Sec. 11.  NRS 278.290 is hereby amended to read as follows:

11-30     278.290  1.  Meetings of the board [shall] must be held at the

11-31  call of the chairman and at such other times as the board may

11-32  determine. The chairman, or in his absence the acting chairman,

11-33  may administer oaths and compel the attendance of witnesses. All

11-34  meetings of the board [shall] must be open to the public.

11-35     2.  The board shall adopt rules in accordance with the

11-36  provisions of any ordinance adopted pursuant to NRS 278.010 to

11-37  278.630, inclusive.

11-38     3.  The board shall keep minutes of its proceedings, showing

11-39  the vote of each member upon each question, or, if absent or failing

11-40  to vote, indicating such fact, and audio recordings of its

11-41  proceedings, and shall keep records of its examinations and other

11-42  official actions, all of which [shall] must be filed immediately in the

11-43  office of the board and [shall be a public record.] , except as

11-44  otherwise provided in NRS 241.035, are public records.

 

12-1      Sec. 12.  NRS 284.050 is hereby amended to read as follows:

12-2      284.050  1.  The Governor shall designate one of the members

12-3  of the Commission as Chairman of the Commission.

12-4      2.  The Director shall act as the nonvoting recording Secretary

12-5  of the Commission. He shall keep the minutes and audio recordings

12-6  of the proceedings of the Commission.

12-7      Sec. 13.  NRS 284.055 is hereby amended to read as follows:

12-8      284.055  1.  The members of the Commission may meet at the

12-9  times and places specified by the call of the Chairman or a majority

12-10  of the Commission, but a meeting of the Commission must be held

12-11  regularly at least once every 3 months.

12-12     2.  Three members of the Commission constitute a quorum. A

12-13  quorum may exercise any power conferred on the Commission, but

12-14  no regulations may be adopted, amended or rescinded except by a

12-15  majority vote of the entire membership of the Commission.

12-16     3.  The Commission shall keep minutes and audio recordings

12-17  of the transactions of each meeting. [The] Except as otherwise

12-18  provided in NRS 241.035, the minutes and audio recordings are

12-19  public records and must be filed with the Department.

12-20     Sec. 14.  NRS 286.110 is hereby amended to read as follows:

12-21     286.110  1.  A system of retirement providing benefits for the

12-22  retirement, disability or death of employees of public employers and

12-23  funded on an actuarial reserve basis is hereby established and must

12-24  be known as the Public Employees’ Retirement System. The System

12-25  is a public agency supported by administrative fees transferred from

12-26  the retirement funds. The Executive and Legislative Departments of

12-27  the State Government shall regularly review the System.

12-28     2.  The System is entitled to use any services provided to state

12-29  agencies and shall use the services of the Purchasing Division of the

12-30  Department of Administration, but is not required to use any other

12-31  service. The purpose of this subsection is to provide to the Board the

12-32  necessary autonomy for an efficient and economic administration of

12-33  the System and its program.

12-34     3.  The official correspondence and records, other than the files

12-35  of individual members or retired employees, and , except as

12-36  otherwise provided in NRS 241.035, the minutes , audio recordings

12-37  and books of the System are public records and are available for

12-38  public inspection.

12-39     4.  The respective participating public employers are not liable

12-40  for any obligation of the System.

12-41     Sec. 15.  NRS 287.0438 is hereby amended to read as follows:

12-42     287.0438  Except for the files of individual members and

12-43  former members, the correspondence, files, minutes , audio

12-44  recordings and books of the Program are , except as otherwise

12-45  provided in NRS 241.035, public records.

13-1      Sec. 15.5.  NRS 318.020 is hereby amended to read as follows:

13-2      318.020 As used in this chapter, unless the context otherwise

13-3  requires:

13-4      1.  “Acquisition,” “acquire” and “acquiring” each means

13-5  acquisition, extension, alteration, reconstruction, repair or other

13-6  improvement by purchase, construction, installation, reconstruction,

13-7  condemnation, lease, rent, gift, grant, bequest, devise, contract or

13-8  other acquisition, or any combination thereof.

13-9      2.  “Board of trustees” and “board” alone each means the board

13-10  of trustees of a district.

13-11     3.  “FM radio” means a system of radio broadcasting by means

13-12  of frequency modulation.

13-13     4.  “General improvement district” and “district” alone each

13-14  means any general improvement district organized or, in the case of

13-15  organizational provisions, proposed to be organized, pursuant to this

13-16  chapter.

13-17     5.  “Mail” means a single mailing first class or its equivalent,

13-18  postage prepaid, by deposit in the United States mails, at least 15

13-19  days before the designated time or event.

13-20     6.  “Project” and “improvement” each means any structure,

13-21  facility, undertaking or system which a district is authorized to

13-22  acquire, improve, equip, maintain or operate. A project may consist

13-23  of all kinds of personal and real property, including, but not limited

13-24  to, land, elements and fixtures thereon, property of any nature

13-25  appurtenant thereto or used in connection therewith, and every

13-26  estate, interest and right therein, legal or equitable, including terms

13-27  for years, or any combination thereof.

13-28     7.  “Publication” means publication [at least once a week for 3

13-29  consecutive weeks in at least] one time in a newspaper of general

13-30  circulation in the district[. It is not necessary that publication be

13-31  made on the same day of the week in each of the 3 calendar weeks,

13-32  but the first publication must be] at least 15 days before the

13-33  designated time or event.

13-34     8.  “Qualified elector” means a person who has registered to

13-35  vote in district elections.

13-36     9.  “Special assessment district” means any local public

13-37  improvement district organized within a general improvement

13-38  district by the board of trustees of such general improvement district

13-39  pursuant to this chapter.

13-40     10.  “Trustees” means the members of a board.

13-41     Sec. 16.  NRS 318.085 is hereby amended to read as follows:

13-42     318.085  Except as otherwise provided in NRS 318.0953 and

13-43  318.09533:

13-44     1.  After taking oaths and filing bonds, the board shall choose

13-45  one of its members as chairman of the board and president of the

14-1  district, and shall elect a secretary and a treasurer of the board and

14-2  of the district, who may or may not be members of the board. The

14-3  secretary and the treasurer may be one person.

14-4      2.  The board shall adopt a seal.

14-5      3.  The secretary shall keep[,] audio recordings of all meetings

14-6  and, in a well-bound book, a record of all of the board’s

14-7  proceedings, minutes of all meetings, any certificates, contracts,

14-8  bonds given by employees and all corporate acts. [This] Except as

14-9  otherwise provided in NRS 241.035, the book , audio recordings

14-10  and records must be open to inspection of all owners of real

14-11  property in the district as well as to all other interested persons.

14-12     4.  The treasurer shall keep strict and accurate accounts of all

14-13  money received by and disbursed for and on behalf of the district in

14-14  permanent records. He shall file with the county clerk, at the

14-15  expense of the district, a corporate surety bond in an amount not

14-16  more than $50,000, the form and exact amount thereof to be

14-17  approved and determined, respectively, by the board of county

14-18  commissioners, conditioned for the faithful performance of the

14-19  duties of his office. Any other officer or trustee who actually

14-20  receives or disburses money of the district shall furnish a bond as

14-21  provided in this subsection. The board of county commissioners

14-22  may, upon good cause shown, increase or decrease the amount of

14-23  that bond.

14-24     5.  Each member of a board of trustees of a district organized or

14-25  reorganized pursuant to this chapter may receive as compensation

14-26  for his service not more than [$6,000] $9,000 per year, payable

14-27  monthly, if the budget is adequate and a majority of the members of

14-28  the board vote in favor of such compensation, but no member of the

14-29  board may receive any other compensation for his service to the

14-30  district as an employee or otherwise. [A] Each member of the board

14-31  [is not entitled to receive as compensation more than $1,800 per

14-32  year if the additional compensation is approved during the term of

14-33  the member.] must receive the same compensation. If a majority of

14-34  the members of the board vote in favor of an increase in the

14-35  compensation of the trustees, the increase may not take effect until

14-36  January 1 following the next biennial election of the district as set

14-37  forth in NRS 318.095.

14-38     Sec. 16.2.  NRS 318.197 is hereby amended to read as follows:

14-39     318.197 1.  The board may fix, and from time to time increase

14-40  or decrease, electric energy, cemetery, swimming pool, other

14-41  recreational facilities, television, FM radio, sewer, water, storm

14-42  drainage, flood control, snow removal, lighting, garbage or refuse

14-43  rates, tolls or charges other than special assessments, including, but

14-44  not limited to, service charges and standby service charges, for

14-45  services or facilities furnished by the district, charges for the

15-1  availability of service, annexation charges, and minimum charges,

15-2  and pledge the revenue for the payment of any indebtedness or

15-3  special obligations of the district.

15-4      2.  Upon compliance with subsection 9 and until paid, all rates,

15-5  tolls or charges constitute a perpetual lien on and against the

15-6  property served. A perpetual lien is prior and superior to all liens,

15-7  claims and titles other than liens of general taxes and special

15-8  assessments and is not subject to extinguishment by the sale of any

15-9  property on account of nonpayment of any liens, claims and titles

15-10  including the liens of general taxes and special assessments. A

15-11  perpetual lien must be foreclosed in the same manner as provided by

15-12  the laws of the State of Nevada for the foreclosure of mechanics’

15-13  liens. Before any lien is foreclosed, the board shall hold a hearing

15-14  thereon after providing notice thereof by publication and by

15-15  registered or certified first-class mail, postage prepaid, addressed to

15-16  the last known owner at his last known address according to the

15-17  records of the district and the real property assessment roll in the

15-18  county in which the property is located.

15-19     3.  The board shall prescribe and enforce regulations for the

15-20  connection with and the disconnection from properties of the

15-21  facilities of the district and the taking of its services.

15-22     4.  The board may provide for the collection of charges.

15-23  Provisions may be made for, but are not limited to:

15-24     (a) The granting of discounts for prompt payment of bills.

15-25     (b) The requiring of deposits or the prepayment of charges in an

15-26  amount not exceeding 1 year’s charges from persons receiving

15-27  service and using the facilities of the enterprise or from the owners

15-28  of property on which or in connection with which services and

15-29  facilities are to be used. In case of nonpayment of all or part of a

15-30  bill, the deposits or prepaid charges must be applied only insofar as

15-31  necessary to liquidate the cumulative amount of the charges plus

15-32  penalties and cost of collection.

15-33     (c) The requiring of a guaranty by the owner of property that the

15-34  bills for service to the property or the occupants thereof will be paid.

15-35     5.  The board may provide for a basic penalty for nonpayment

15-36  of the charges within the time and in the manner prescribed by it.

15-37  The basic penalty must not be more than 10 percent of each month’s

15-38  charges for the first month delinquent. In addition to the basic

15-39  penalty, the board may provide for a penalty of not exceeding 1.5

15-40  percent per month for nonpayment of the charges and basic penalty.

15-41  [On the first day of the calendar month following the date of

15-42  payment specified in the bill the] The board may prescribe and

15-43  enforce regulations that set forth the date on which a charge

15-44  becomes delinquent . [if the bill or that portion thereof which is not

16-1  in bona fide dispute remains unpaid.] The board may provide for

16-2  collection of the penalties provided for in this section.

16-3      6.  The board may provide that charges for any service must be

16-4  collected together with and not separately from the charges for any

16-5  other service rendered by it, and that all charges must be billed upon

16-6  the same bill and collected as one item.

16-7      7.  The board may enter into a written contract with any person,

16-8  firm or public or private corporation providing for the billing and

16-9  collection by the person, firm or corporation of the charges for the

16-10  service furnished by any enterprise. If all or any part of any bill

16-11  rendered by the person, firm or corporation pursuant to a contract is

16-12  not paid and if the person, firm or corporation renders any public

16-13  utility service to the person billed, the person, firm or corporation

16-14  may discontinue its utility service until the bill is paid, and the

16-15  contract between the board and the person, firm or corporation may

16-16  so provide.

16-17     8.  As a remedy established for the collection of due and unpaid

16-18  deposits and charges and the penalties thereon an action may be

16-19  brought in the name of the district in any court of competent

16-20  jurisdiction against the person or persons who occupied the property

16-21  when the service was rendered or the deposit became due or against

16-22  any person guaranteeing payment of bills, or against any or all such

16-23  persons, for the collection of the amount of the deposit or the

16-24  collection of delinquent charges and all penalties thereon.

16-25     9.  A lien against the property served is not effective until a

16-26  notice of the lien, separately prepared for each lot affected, is:

16-27     (a) Mailed to the last known owner at his last known address

16-28  according to the records of the district and the real property

16-29  assessment roll of the county in which the property is located;

16-30     (b) Delivered by the board to the office of the county recorder of

16-31  the county within which the property subject to such lien is located;

16-32     (c) Recorded by the county recorder in a book kept by him for

16-33  the purpose of recording instruments encumbering land; and

16-34     (d) Indexed in the real estate index as deeds and other

16-35  conveyances are required by law to be indexed.

16-36     Sec. 16.4.  NRS 318.490 is hereby amended to read as follows:

16-37     318.490 1.  Except as otherwise provided in NRS 318.492,

16-38  whenever a majority of the members of the board of county

16-39  commissioners of any county deem it to be in the best interests of

16-40  the county and of the district that the district be merged,

16-41  consolidated or dissolved, it shall so determine by ordinance, after

16-42  there is first found, determined and recited in the ordinance that:

16-43     (a) All outstanding indebtedness and bonds of all kinds of the

16-44  district have been paid or will be assumed by the resulting merged

16-45  or consolidated unit of government.

17-1      (b) The services of the district are no longer needed or can be

17-2  more effectively performed by an existing unit of government.

17-3      2.  [The] If a board of county commissioners determines to

17-4  merge, consolidate or dissolve a district that was, on October 1,

17-5  2003, exercising powers pursuant to NRS 318.140, 318.142 and

17-6  318.144, in addition to meeting the requirements set forth in

17-7  subsection 1, within 90 days after the ordinance is adopted by the

17-8  board of county commissioners, the ordinance must be adopted by

17-9  a majority of the board of trustees of the district that is being

17-10  merged, consolidated or dissolved. A district described in this

17-11  subsection may not be merged, consolidated or dissolved if the

17-12  ordinance is not adopted by the board of the district.

17-13     3.  After an ordinance has been adopted pursuant to

17-14  subsection 1 and, if applicable, subsection 2, the county clerk shall

17-15  thereupon certify a copy of the ordinance to the board of the district

17-16  and shall mail written notice to all property owners within the

17-17  district in his county, containing the following:

17-18     (a) The adoption of the ordinance[;] by the board of county

17-19  commissioners and, if applicable, by the board of the district;

17-20     (b) The determination of the board of county commissioners that

17-21  the district should be dissolved, merged or consolidated; and

17-22     (c) The time and place for hearing on the dissolution, merger or

17-23  consolidation.

17-24     Sec. 16.6.  NRS 318.492 is hereby amended to read as follows:

17-25     318.492 1.  If all the territory within a district organized

17-26  pursuant to this chapter is included within the boundaries of a city

17-27  incorporated under the provisions of chapter 266 of NRS, the board

17-28  of county commissioners of the county shall, within 90 days after

17-29  the filing of the notice required by NRS 266.033, adopt an ordinance

17-30  providing for the merger of the district with the city and fixing a

17-31  time and place for a hearing on the merger.

17-32     2.  The county clerk shall certify a copy of the ordinance and

17-33  give notice of its adoption in the manner provided by subsection [2]

17-34  3 of NRS 318.490.

17-35     3.  The board of county commissioners shall thereafter proceed

17-36  to hear and determine the matter as provided in NRS 318.495 and

17-37  318.500.

17-38     Sec. 16.8. NRS 360.130 is hereby amended to read as follows:

17-39     360.130  1.  The Executive Director shall:

17-40     (a) Keep full and correct records of all transactions and

17-41  proceedings of the Nevada Tax Commission, the State Board of

17-42  Equalization and the Department. Notwithstanding the provisions

17-43  of NRS 241.035, the Nevada Tax Commission, the State Board of

17-44  Equalization and the Department are not required to record a

17-45  meeting on audiotape or any other means of sound reproduction,

18-1  provided that the meeting is transcribed in its entirety by a court

18-2  reporter who is certified pursuant to chapter 656 of NRS.

18-3      (b) Perform such other duties as may be required.

18-4      2.  The Nevada Tax Commission shall have the power to

18-5  authorize the Executive Director or any other officer of the

18-6  Department to hold hearings or make investigations, and upon any

18-7  such hearing , the Executive Director or officer shall have the

18-8  authority to examine books, compel the attendance of witnesses,

18-9  administer oaths and conduct investigations.

18-10     Sec. 17.  NRS 361.365 is hereby amended to read as follows:

18-11     361.365  1.  Each county board of equalization shall, at the

18-12  expense of the county, cause complete minutes and an audio

18-13  recording to be taken at each hearing. [These] In addition to the

18-14  requirements of NRS 241.035, these minutes must include the title

18-15  of all exhibits, papers, reports and other documentary evidence

18-16  submitted to the county board of equalization by the complainant.

18-17  The clerk of the county board of equalization shall forward the

18-18  minutes and audio recordings to the Secretary of the State Board of

18-19  Equalization.

18-20     2.  If a transcript of any hearing held before the county board of

18-21  equalization is requested by the complainant, he shall furnish the

18-22  reporter, pay for the transcript and deliver a copy of the transcript to

18-23  the clerk of the county board of equalization and the Secretary of the

18-24  State Board of Equalization upon filing an appeal.

18-25     Sec. 18.  NRS 380.050 is hereby amended to read as follows:

18-26     380.050  1.  The members of the board of law library trustees

18-27  shall appoint one of their number as president.

18-28     2.  They shall elect a secretary who shall:

18-29     (a) Keep a full statement and account of all property, money,

18-30  receipts and expenditures of the board, unless the board delegates

18-31  that duty.

18-32     (b) Keep a record , [and] full minutes in writing and an audio

18-33  recording of all proceedings of the board. The secretary may certify

18-34  to such proceedings, or any part thereof, under his hand.

18-35     3.  The board of law library trustees, by a majority vote

18-36  recorded in the minutes with ayes and noes at length, may:

18-37     (a) Define the powers and prescribe the duties of any and all

18-38  officers;

18-39     (b) Determine the number and elect all necessary subordinate

18-40  officers and assistants;

18-41     (c) Remove, at its pleasure, any officer or assistant; and

18-42     (d) Fix the salaries of the secretary and other subordinate

18-43  officers and assistants.

 

 

19-1      Sec. 19.  NRS 384.070 is hereby amended to read as follows:

19-2      384.070  1.  The Commission may establish and maintain an

19-3  office in Virginia City, Storey County, Nevada, in which , except as

19-4  otherwise provided in NRS 241.035, there [shall] must be at all

19-5  times open to public inspection a complete record of applications for

19-6  certificates of appropriateness and their disposition, minutes and

19-7  audio recordings of the Commission’s meetings, and any

19-8  regulations adopted by the Commission.

19-9      2.  The Commission shall maintain a library in the office for the

19-10  purpose of guiding applicants in their design or embellishment of

19-11  the exterior of their buildings, new or remodeled. The library [shall]

19-12  must consist of, but not be limited to, documents, paintings,

19-13  photographs, drawings and histories descriptive of the period which

19-14  are deemed appropriate guidelines to the applicant. A card index

19-15  system [shall] must also be made and maintained for reference to

19-16  more comprehensive information in libraries other than the one

19-17  maintained by the Commission.

19-18     Sec. 20.  NRS 386.325 is hereby amended to read as follows:

19-19     386.325  The clerk shall:

19-20     1.  Keep the minutes and audio recordings of all meetings and

19-21  transactions of the board of trustees.

19-22     2.  Subject to the written direction of the board of trustees, draw

19-23  all orders for the payment of moneys belonging to the school

19-24  district.

19-25     Sec. 21.  NRS 417.160 is hereby amended to read as follows:

19-26     417.160  1.  The Nevada Veterans’ Services Commission shall

19-27  annually choose one of its members to serve as Chairman and one of

19-28  its members to serve as Vice Chairman.

19-29     2.  The Executive Director shall provide for the preparation and

19-30  maintenance of written minutes for and an audio recording of each

19-31  meeting of the Veterans’ Services Commission.

19-32     3.  Members of the Veterans’ Services Commission are entitled

19-33  to receive:

19-34     (a) A salary of not more than $80 per day, as fixed by the

19-35  Executive Director, while engaged in the business of the

19-36  Commission.

19-37     (b) A subsistence allowance of not more than $56 per day, as

19-38  fixed by the Executive Director, and actual expenses for

19-39  transportation, while traveling on business of the Commission.

19-40     Sec. 22.  NRS 422.110 is hereby amended to read as follows:

19-41     422.110  1.  The members of the Board shall meet twice each

19-42  calendar year to consider any issues related to public assistance and

19-43  other programs for which the Welfare Division is responsible that

19-44  may be of importance to members of the general public, the

19-45  Governor or the Welfare Division, at such places as the Board,

 

20-1  the Chairman of the Board, the State Welfare Administrator or the

20-2  Director deems appropriate.

20-3      2.  Four members of the Board constitute a quorum, and a

20-4  quorum may exercise all the power and authority conferred on the

20-5  Board.

20-6      3.  The Board shall:

20-7      (a) At least 45 days before the date it holds a meeting, provide

20-8  public notice of the date, time and location of the meeting, in

20-9  addition to the notice required pursuant to NRS 241.020.

20-10     (b) Keep minutes of all meetings of the Board, which must

20-11  include records of testimony and written comments presented to the

20-12  Board, and audio recordings of all meetings of the Board and file

20-13  the minutes and audio recordings with the Welfare Division. [The]

20-14  Except as otherwise provided in NRS 241.035, the minutes and

20-15  audio recordings must be maintained as public records.

20-16     Sec. 23.  NRS 422.224 is hereby amended to read as follows:

20-17     422.224  1.  Before adopting, amending or repealing any

20-18  regulation for the administration of a program of public assistance

20-19  or any other program for which the Welfare Division is responsible,

20-20  the State Welfare Administrator shall give at least 30 days’ notice of

20-21  his intended action.

20-22     2.  The notice of intent to act upon a regulation must:

20-23     (a) Include a statement of the need for and purpose of the

20-24  proposed regulation, and either the terms or substance of the

20-25  proposed regulation or a description of the subjects and issues

20-26  involved, and of the time when, the place where[,] and the manner

20-27  in which, interested persons may present their views thereon.

20-28     (b) Include a statement identifying the entities that may be

20-29  financially affected by the proposed regulation and the potential

20-30  financial impact, if any, upon local government.

20-31     (c) State each address at which the text of the proposed

20-32  regulation may be inspected and copied.

20-33     (d) Be mailed to all persons who have requested in writing that

20-34  they be placed upon a mailing list, which must be kept by the State

20-35  Welfare Administrator for that purpose.

20-36     3.  All interested persons must be afforded a reasonable

20-37  opportunity to submit data, views or arguments upon a proposed

20-38  regulation, orally or in writing. The State Welfare Administrator

20-39  shall consider fully all oral and written submissions relating to the

20-40  proposed regulation.

20-41     4.  The State Welfare Administrator shall keep, retain and make

20-42  available for public inspection written minutes and an audio

20-43  recording of each public hearing held pursuant to this section in the

20-44  manner provided in [subsections 1 and 2 of NRS 241.035.

21-1      5.  The State Welfare Administrator may record each public

21-2  hearing held pursuant to this section and make those recordings

21-3  available for public inspection in the manner provided in subsection

21-4  4 of] NRS 241.035.

21-5      [6.] 5. No objection to any regulation on the ground of

21-6  noncompliance with the procedural requirements of this section may

21-7  be made more than 2 years after its effective date.

21-8      Sec. 24.  NRS 422.2369 is hereby amended to read as follows:

21-9      422.2369  1.  Before adopting, amending or repealing any

21-10  regulation for the administration of a program of public assistance

21-11  or any other program for which the Division of Health Care

21-12  Financing and Policy is responsible, the Administrator shall give at

21-13  least 30 days’ notice of his intended action.

21-14     2.  The notice of intent to act upon a regulation must:

21-15     (a) Include a statement of the need for and purpose of the

21-16  proposed regulation, and either the terms or substance of the

21-17  proposed regulation or a description of the subjects and issues

21-18  involved, and of the time when, the place where[,] and the manner

21-19  in which, interested persons may present their views thereon.

21-20     (b) Include a statement identifying the entities that may be

21-21  financially affected by the proposed regulation and the potential

21-22  financial impact, if any, upon local government.

21-23     (c) State each address at which the text of the proposed

21-24  regulation may be inspected and copied.

21-25     (d) Be mailed to all persons who have requested in writing that

21-26  they be placed upon a mailing list, which must be kept by the

21-27  Administrator for that purpose.

21-28     3.  All interested persons must be afforded a reasonable

21-29  opportunity to submit data, views or arguments upon a proposed

21-30  regulation, orally or in writing. The Administrator shall consider

21-31  fully all oral and written submissions relating to the proposed

21-32  regulation.

21-33     4.  The Administrator shall keep, retain and make available for

21-34  public inspection written minutes and an audio recording of each

21-35  public hearing held pursuant to this section in the manner provided

21-36  in [subsections 1 and 2 of NRS 241.035.

21-37     5.  The Administrator may record each public hearing held

21-38  pursuant to this section and make those recordings available for

21-39  public inspection in the manner provided in subsection 4 of]

21-40  NRS 241.035.

21-41     [6.] 5. An objection to any regulation on the ground of

21-42  noncompliance with the procedural requirements of this section may

21-43  not be made more than 2 years after its effective date.

 

 

22-1      Sec. 25.  NRS 451.370 is hereby amended to read as follows:

22-2      451.370  The Committee shall keep full and complete minutes

22-3  and an audio recording of each meeting of the Committee and a

22-4  complete record of all dead human bodies received and distributed

22-5  by it and of the persons to whom the bodies may be distributed. The

22-6  minutes , audio recordings and records must be open at all times to

22-7  the inspection of each member of the Committee and of the district

22-8  attorney of any county within the State. A report of the activities of

22-9  the Committee must be made before September 1 of each even-

22-10  numbered year covering the biennium ending June 30 of such year

22-11  to the Presidents of the University and Community College System

22-12  of Nevada and to the State Board of Health. One of the members of

22-13  the Committee from the University and Community College System

22-14  of Nevada must act as Secretary and [shall be] is responsible for

22-15  preparing and maintaining a complete file of such minutes , audio

22-16  recordings and records.

22-17     Sec. 26.  NRS 497.220 is hereby amended to read as follows:

22-18     497.220  1.  The board of adjustment shall adopt rules in

22-19  accordance with the provisions of the ordinance or resolution by

22-20  which it was created.

22-21     2.  Meetings of the board [shall] must be held at the call of the

22-22  chairman and at such other times as the board may determine.

22-23     3.  The chairman, or in his absence the acting chairman, may

22-24  administer oaths and compel the attendance of witnesses.

22-25     4.  All hearings of the board [shall] must be public.

22-26     5.  The board shall:

22-27     (a) Keep minutes of its proceedings, showing the vote of each

22-28  member upon each question, or, if absent or failing to vote,

22-29  indicating such fact[.] , and audio recordings of its proceedings.

22-30     (b) Keep records of its examinations and other official actions,

22-31  all of which [shall] must immediately be filed in the office of the

22-32  board and [shall be a public record.] are public records.

22-33     Sec. 27.  NRS 513.043 is hereby amended to read as follows:

22-34     513.043  1.  The members of the Commission shall select a

22-35  Chairman from among their number who shall serve at the pleasure

22-36  of the Commission.

22-37     2.  The Administrator shall serve as Secretary of the

22-38  Commission and shall keep the minutes and audio recordings of its

22-39  proceedings.

22-40     Sec. 28.  NRS 513.053 is hereby amended to read as follows:

22-41     513.053  1.  The Commission shall meet at such times and at

22-42  such places as is specified by the call of the Chairman or a majority

22-43  of the Commission, but a meeting of the Commission must be held

22-44  at least once every 4 months. In case of emergency, special meetings

22-45  may be called by the Chairman or by the Administrator.

23-1      2.  Four members of the Commission constitute a quorum for

23-2  transacting the business of the Commission.

23-3      3.  The minutes and audio recordings of each meeting of the

23-4  Commission must be filed with the Division.

23-5      Sec. 29.  NRS 541.110 is hereby amended to read as follows:

23-6      541.110  1.  Each director before entering upon his official

23-7  duties shall take and subscribe to an oath, before a person authorized

23-8  to administer oaths, that he will support the Constitutions of the

23-9  United States and the State of Nevada and will honestly, faithfully

23-10  and impartially perform the duties of his office.

23-11     2.  Upon taking oath, the board shall choose one of their

23-12  number chairman of the board and president of the district, and shall

23-13  elect some suitable person secretary of the board and of the district,

23-14  who may or may not be a member of the board. The board shall

23-15  adopt a seal and shall keep audio recordings of all meetings and, in

23-16  a well-bound book , a record of all its proceedings, minutes of all

23-17  meetings, certificates, contracts, bonds given by employees and all

23-18  corporate acts, which , except as otherwise provided in NRS

23-19  241.035, must be open to inspection of all owners of property in the

23-20  district, as well as to all other interested persons.

23-21     3.  Each member of the board is entitled to receive as

23-22  compensation for his service such sum as may be ordered by the

23-23  board, not in excess of the sum of $80 per day and actual traveling

23-24  expenses for each day spent attending meetings of the board or

23-25  while engaged in official business under the order of the board.

23-26     Sec. 30.  NRS 543.330 is hereby amended to read as follows:

23-27     543.330  1.  The board shall meet in July of each year to

23-28  organize and choose one of its members as chairman of the board

23-29  and president of the district, and elect a secretary of the board and of

23-30  the district, who may or may not be a member of the board.

23-31     2.  The county treasurer is the treasurer of the board and of the

23-32  district.

23-33     3.  The secretary shall keep[,] audio recordings of all meetings

23-34  and, in a well-bound book, a record of all of the board’s

23-35  proceedings, minutes of all meetings, certificates, contracts, bonds

23-36  given by employees, and all corporate acts, which , except as

23-37  otherwise provided in NRS 241.035, must be open to inspection by

23-38  all owners of real property in the district as well as other interested

23-39  persons.

23-40     4.  The treasurer shall keep strict and accurate accounts of all

23-41  money received by and disbursed for and on behalf of the district[,]

23-42  in permanent records.

23-43     5.  No member of the board may receive compensation for his

23-44  services, but members may be reimbursed for their necessary

23-45  expenses in attending district meetings and for necessary expenses

24-1  incurred in traveling within and without the State when required to

24-2  carry out the affairs of the district.

24-3      Sec. 31.  NRS 561.085 is hereby amended to read as follows:

24-4      561.085  1.  The Board shall elect one of its members as

24-5  Chairman of the Board.

24-6      2.  The Director shall act as the nonvoting recording Secretary

24-7  of the Board and shall keep the minutes and audio recordings of the

24-8  proceedings of the Board.

24-9      Sec. 32.  NRS 561.095 is hereby amended to read as follows:

24-10     561.095  1.  The members of the Board may meet at such

24-11  times and at such places as may be specified by the call of the

24-12  Chairman or a majority of the Board , and a meeting of the Board

24-13  may be held regularly at least once every 3 months. In case of an

24-14  emergency, special meetings may be called by the Chairman or by

24-15  the Director.

24-16     2.  Six members of the Board constitute a quorum. A quorum

24-17  may exercise all the authority conferred on the Board.

24-18     3.  Minutes and audio recordings of each meeting, regular or

24-19  special, must be filed with the Department and , except as otherwise

24-20  provided in NRS 241.035, are public records.

24-21     Sec. 33.  NRS 563.191 is hereby amended to read as follows:

24-22     563.191  1.  The Council shall elect a Chairman from among

24-23  its members. A Chairman may only succeed himself as Chairman

24-24  twice.

24-25     2.  The Council shall elect a Secretary-Treasurer who may be

24-26  from among its members. The Secretary-Treasurer shall keep the

24-27  minutes and audio recordings of the proceedings of the Council and

24-28  prepare an annual report of the Council’s activities, receipts and

24-29  expenditures.

24-30     Sec. 34.  NRS 590.505 is hereby amended to read as follows:

24-31     590.505  1.  The Board may adopt a seal for its own use which

24-32  must have imprinted thereon the words “Board for the Regulation of

24-33  Liquefied Petroleum Gas.” The care and custody of the seal is the

24-34  responsibility of the Secretary-Treasurer of the Board.

24-35     2.  The Board may appoint an Executive Secretary and may

24-36  employ or, pursuant to NRS 284.173, contract with such other

24-37  technical, clerical or investigative personnel as it deems necessary.

24-38  The Board shall fix the compensation of the Executive Secretary

24-39  and all other employees and independent contractors. Such

24-40  compensation must be paid out of the money of the Board. The

24-41  Board may require the Executive Secretary and any other employees

24-42  and independent contractors to give a bond to the Board for the

24-43  faithful performance of their duties, the premiums on the bond being

24-44  paid out of the money of the Board.

25-1      3.  In carrying out the provisions of NRS 590.465 to 590.645,

25-2  inclusive, and holding its regular or special meetings, the Board:

25-3      (a) Shall adopt written policies setting forth procedures and

25-4  methods of operation for the Board.

25-5      (b) May adopt such regulations as it deems necessary.

25-6      4.  The Board shall submit to the Legislature and the Governor

25-7  a biennial report before September 1 of each even-numbered year,

25-8  covering the biennium ending June 30 of that year, of its

25-9  transactions during the preceding biennium, including a complete

25-10  statement of the receipts and expenditures of the Board during the

25-11  period and any complaints received by the Board.

25-12     5.  The Board shall keep accurate records , [and] minutes and

25-13  audio recordings of all meetings and , except as otherwise provided

25-14  in NRS 241.035, the records , [and] minutes and audio recordings

25-15  so kept must be open to public inspection at all reasonable times.

25-16  The Board shall also keep a record of all applications for licenses,

25-17  and licenses issued by it. The record of applications and licenses is a

25-18  public record.

25-19     Secs. 35 and 36. (Deleted by amendment.)

25-20     Sec. 37.  Section 3.040 of the Charter of the City of North Las

25-21  Vegas, being chapter 573, Statutes of Nevada 1971, at page 1221, is

25-22  hereby amended to read as follows:

25-23     Sec. 3.040  City Clerk: Office; duties.  The City Clerk

25-24  shall:

25-25     1.  Keep his office at the place of meeting of the City

25-26  Council or some other place convenient thereto, as the City

25-27  Council may direct.

25-28     2.  Keep the corporate seal and all papers and records of

25-29  the City and keep a record of the proceedings of, and be the

25-30  Clerk of the City Council, whose meetings it shall be his duty

25-31  to attend. Copies of all papers filed in his office, and

25-32  transcripts from all records of the City Council certified by

25-33  him, under the corporate seal, shall be evidence in all courts

25-34  to the same effect as if the original were produced.

25-35     3.  Supervise and coordinate administrative and

25-36  responsible clerical work relating to the functions of the City

25-37  Council.

25-38     4.  Attend all meetings of the City Council.

25-39     5.  Record votes of members of the City Council.

25-40     6.  Direct the transcription and keeping of minutes and

25-41  official records and the making and keeping of audio

25-42  recordings of all City Council meetings.

 

 

26-1      7.  Countersign official contracts, bonds and other

26-2  official city documents.

26-3      8.  Be the custodian of all official city records, including

26-4  contract and agreement documents, resolutions, ordinances,

26-5  official minute book and the corporate seal.

26-6      9.  Make arrangements for special or informal meetings

26-7  other than the regular meetings of the City Council.

26-8      10.  Supervise the operation and maintenance of a central

26-9  file system for all departments of the City.

26-10     11.  Supervise the recruitment of all election workers, the

26-11  printing of all ballots and tally of election returns.

26-12     12.  Serve as custodian of official election records for all

26-13  city elections.

26-14     13.  Administer official oaths for the City.

26-15     Sec. 38.  Section 9 of the Elko Convention and Visitors

26-16  Authority Act, being chapter 227, Statutes of Nevada 1975, as last

26-17  amended by chapter 466, Statutes of Nevada 1991, at page 1363, is

26-18  hereby amended to read as follows:

26-19     Sec. 9.  1.  The Board shall adopt a seal, establish a

26-20  principal place of business and adopt, and thereafter from

26-21  time to time amend, if necessary, appropriate rules and

26-22  regulations not inconsistent with this act for carrying on the

26-23  business and affairs of the Board and of the Authority. Each

26-24  member shall, upon election or acceptance of his

26-25  appointment, file with the Clerk of Elko County his oath of

26-26  office.

26-27     2.  No member may receive any compensation as an

26-28  employee of the Board or otherwise, and a member of the

26-29  Board shall not be interested in any contract or transaction

26-30  with the Board except in his official representative capacity.

26-31     3.  At the first meeting of the Board following each

26-32  general authority election, the Board shall choose one of its

26-33  members as Chairman and one of its members as Vice

26-34  Chairman, and shall appoint or hire a Secretary and a

26-35  Treasurer, who must not be members of the Board. The

26-36  Secretary and Treasurer may not be one person.

26-37     4.  The Secretary shall keep audio recordings of all

26-38  meetings of the Board and a record of all of the proceedings

26-39  of the Board, minutes of all meetings, certificates, contracts,

26-40  bonds given by employees, and all other acts of the Board.

26-41  [The] Except as otherwise provided in NRS 241.035, the

26-42  minute book , audio recordings and records are open to the

26-43  inspection of all interested persons, at all reasonable times

26-44  and places.

27-1      5.  The Treasurer shall keep, in permanent records, strict

27-2  and accurate accounts of all money received by and disbursed

27-3  for and on behalf of the Board. The Treasurer shall file with

27-4  the County Clerk, at the Authority’s expense, a corporate

27-5  fidelity bond in an amount not less than $5,000, conditioned

27-6  on the faithful performance of the duties of the Treasurer.

27-7      6.  The Board shall appoint the Elko County Treasurer

27-8  and Auditor to act as Treasurer and Auditor of the Authority.

27-9  The Treasurer and Auditor may employ such persons as are

27-10  necessary to carry out the duties of the Treasurer and Auditor

27-11  of the Authority. The Board shall determine the salary of each

27-12  person employed pursuant to this subsection. The salaries and

27-13  expenses of the employees must be paid by the Board from

27-14  the money of the Authority.

27-15     7.  The Board shall meet regularly at a time and in a

27-16  place to be designated by it. Special meetings may be held as

27-17  often as the needs of the Board require, on notice to each

27-18  Board member.

27-19     8.  The Board may require from an officer or employee

27-20  of the Authority, except a member of the Board, sufficient

27-21  security for the faithful and honest performance of his duties.

27-22  A blanket fidelity bond or blanket position bond, or other

27-23  type of bond suitable for public employees or officers, may

27-24  be furnished at the expense of the Authority for an officer or

27-25  employee of the Authority, in an amount set by the Board and

27-26  conditioned on the faithful and honest performance of his

27-27  duties.

27-28     Sec. 39.  Section 7 of the Airport Authority Act for Washoe

27-29  County, being chapter 474, Statutes of Nevada 1977, as last

27-30  amended by chapter 413, Statutes of Nevada 2001, at page 2043, is

27-31  hereby amended to read as follows:

27-32     Sec. 7.  1.  The Board shall choose one of its members

27-33  as Chairman and one of its members as Vice Chairman, and

27-34  shall elect a Secretary and a Treasurer, who may be members

27-35  of the Board. The Secretary and the Treasurer may be one

27-36  person. The terms of the officers expire on July 1 of each

27-37  year.

27-38     2.  Chairmen must be selected from trustees appointed by

27-39  the participating local governments in the following order:

27-40     (a) The City of Reno;

27-41     (b) The City of Sparks;

27-42     (c) Washoe County; and

 

 

28-1      (d) The County Fair and Recreation Board of Washoe

28-2  County.

28-3      3.  The Secretary shall keep[,] audio recordings of all

28-4  meetings of the Board and, in a well-bound book, a record of

28-5  all of the proceedings of the Board, minutes of all meetings,

28-6  certificates, contracts, bonds given by employees, and all

28-7  other acts of the Board. [The] Except as otherwise provided

28-8  in NRS 241.035, the minute book , audio recordings and

28-9  records must be open to the inspection of all interested

28-10  persons, at all reasonable times and places.

28-11     4.  The Treasurer shall keep, in permanent records, strict

28-12  and accurate accounts of all money received by and disbursed

28-13  for and on behalf of the Board and the Authority. He shall file

28-14  with the County Clerk, at Authority expense, a corporate

28-15  fidelity bond in an amount not less than $25,000, conditioned

28-16  for the faithful performance of his duties.

28-17     Sec. 40.  Section 7 of the Airport Authority Act for Battle

28-18  Mountain, being chapter 458, Statutes of Nevada 1983, at page

28-19  1210, is hereby amended to read as follows:

28-20     Sec. 7.  1.  The Board shall elect a Chairman, Vice

28-21  Chairman, Secretary and Treasurer, who must be members of

28-22  the Board. The Secretary and the Treasurer may be one

28-23  person. The terms of the officers expire on the date their

28-24  successors are elected and qualified in the general election.

28-25     2.  The Secretary shall keep[,] audio recordings of all

28-26  meetings of the Board and, in a well-bound book, a record of

28-27  all of the proceedings of the Board, minutes of all meetings,

28-28  certificates, contracts, bonds given by employees, and all

28-29  other acts of the Board. [The] Except as otherwise provided

28-30  in NRS 241.035, the minute book , audio recordings and

28-31  records must be open to the inspection of all interested

28-32  persons, at all reasonable times and places.

28-33     3.  The Treasurer shall keep, in permanent records, strict

28-34  and accurate accounts of all money received by and disbursed

28-35  for and on behalf of the Board and the Authority. He shall file

28-36  with the County Clerk, at Authority expense, a corporate

28-37  fidelity bond in an amount not less than $25,000, conditioned

28-38  for the faithful performance of his duties.

28-39     Sec. 41.  Section 6 of the Airport Authority Act for Carson

28-40  City, being chapter 844, Statutes of Nevada 1989, at page 2026, is

28-41  hereby amended to read as follows:

28-42     Sec. 6.  1.  The Board shall elect a Chairman, Vice

28-43  Chairman, Secretary and Treasurer from its members. The

28-44  Secretary and the Treasurer may be one person. The terms of

28-45  the officers expire on July 1 of each odd-numbered year.

29-1      2.  The Secretary shall keep audio recordings of all

29-2  meetings of the Board and a record of all of the proceedings

29-3  of the Board, minutes of all meetings, certificates, contracts,

29-4  bonds given by employees, and all other acts of the Board.

29-5  [The] Except as otherwise provided in NRS 241.035, the

29-6  records must be open to the inspection of all interested

29-7  persons, at a reasonable time and place.

29-8      3.  The Treasurer shall keep an accurate account of all

29-9  money received by and disbursed on behalf of the Board and

29-10  the Authority. He shall file with the Clerk of Carson City, at

29-11  the expense of the Authority, a fidelity bond in an amount not

29-12  less than $10,000, conditioned for the faithful performance of

29-13  his duties.

29-14     Sec. 42.  Section 4 of the Nevada Commission for the

29-15  Reconstruction of the V & T Railway Act, being chapter 566,

29-16  Statutes of Nevada 1993, as amended by chapter 42, Statutes of

29-17  Nevada 2001, at page 401, is hereby amended to read as follows:

29-18     Sec. 4.  1.  Each Commissioner appointed pursuant to

29-19  paragraph (b), (c), (d) or (e) of subsection 1 of section 3 of

29-20  this act shall file his oath of office with the clerk of the

29-21  county from which he was appointed, and all other

29-22  Commissioners shall file their oaths of office with the Clerk

29-23  of Carson City.

29-24     2.  The Commissioners must serve without

29-25  compensation, but a Commissioner may be reimbursed for

29-26  expenses actually incurred by him for travel authorized by the

29-27  Commission.

29-28     3.  The Commission shall elect a Chairman, Vice

29-29  Chairman, Secretary and Treasurer from among its members.

29-30  The Secretary and the Treasurer may be one person. The

29-31  terms of the officers expire on July 1 of each odd-numbered

29-32  year.

29-33     4.  The Secretary shall maintain audio recordings of all

29-34  meetings of the Commission and a record of all of the

29-35  proceedings of the Commission, minutes of all meetings,

29-36  certificates, contracts and other acts of the Commission. [The]

29-37  Except as otherwise provided in NRS 241.035, the records

29-38  must be open to the inspection of all interested persons at a

29-39  reasonable time and place.

29-40     5.  The Treasurer shall keep an accurate account of all

29-41  money received by and disbursed on behalf of the

29-42  Commission. He shall file with the Clerk of Carson City, at

29-43  the expense of the Commission, a fidelity bond in an amount

29-44  not less than $10,000, conditioned for the faithful

29-45  performance of his duties.

29-46     Sec. 43.  Section 5 of the Nevada Commission for the

29-47  Reconstruction of the V & T Railway Act, being chapter 566,

29-48  Statutes of Nevada 1993, at page 2327, is hereby amended to read as

29-49  follows:

29-50     Sec. 5.  1.  The Commission shall meet upon the call of

29-51  the Chairman or a majority of the Commissioners.

29-52     2.  A majority of the Commissioners constitutes a

29-53  quorum at any meeting.

29-54     3.  The governing bodies shall each make available an

29-55  appropriate meeting room and provide adequate clerical staff

29-56  and equipment to provide adequate notice of the meeting and

29-57  to produce minutes and audio recordings of the meeting and

29-58  any other assistance necessary to allow the Commission to

29-59  comply with the provisions of chapter 241 of NRS.

29-60     4.  The Commission shall alternate the location of

29-61  its meetings among the facilities provided pursuant to

29-62  subsection 3.

29-63     5.  A Commissioner is not personally liable for any

29-64  actions taken or omitted in good faith in the performance of

29-65  his duties pursuant to the provisions of this act.

 

29-66  H