Assembly Bill No. 6–Committee of the Whole

 

July 21, 2003

____________

 

Declared an Emergency Measure

 

SUMMARY—Makes various changes regarding public bodies. (BDR 19‑18)

 

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 and hearings regarding prisoners and persons on parole or probation are not subject to the open meeting law but must be open to the public; 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; revising the manner in which certain information regarding property taxation be made available to the public; requiring that meetings of certain professional licensing boards be held at locations with

certain technological capacity; and providing other matters properly relating thereto.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

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

1-2  thereto a new section to read as follows:

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

1-4  that is a governing board may not take action by vote on an item

1-5  on the agenda of a meeting on which action may otherwise be

1-6  taken until public comment on the item has been allowed. Such

1-7  public comment may be allowed immediately preceding action on

1-8  the specific item, during a single period preceding action on any

1-9  item on the agenda, or any combination thereof.

1-10      2.  Each public body that is a governing board shall adopt a

1-11  rule of procedure regarding the public comment required

1-12  pursuant to subsection 1.

1-13      3.  The requirements of this section do not apply to a

1-14  proceeding in which the legal rights, duties or privileges of a party

1-15  are required by law to be determined by a state or local

1-16  governmental agency after an opportunity for hearing, or in which

1-17  an administrative penalty may be imposed.

1-18      Sec. 2.  NRS 241.015 is hereby amended to read as follows:

1-19      241.015  As used in this chapter, unless the context otherwise

1-20  requires:

1-21      1.  “Action” means:

1-22      (a) A decision made by a majority of the members present

1-23  during a meeting of a public body;

1-24      (b) A commitment or promise made by a majority of the

1-25  members present during a meeting of a public body;

1-26      (c) If a public body may have a member who is not an elected

1-27  official, an affirmative vote taken by a majority of the members

1-28  present during a meeting of the public body; or

1-29      (d) If all the members of a public body must be elected officials,

1-30  an affirmative vote taken by a majority of all the members of the

1-31  public body.

1-32      2.  “Meeting”:

1-33      (a) Except as otherwise provided in paragraph (b), means:

1-34          (1) The gathering of members of a public body at which a

1-35  quorum is present to deliberate toward a decision or to take action

1-36  on any matter over which the public body has supervision, control,

1-37  jurisdiction or advisory power.

1-38          (2) Any series of gatherings of members of a public body at

1-39  which:

2-1           (I) Less than a quorum is present at any individual

2-2  gathering;

2-3           (II) The members of the public body attending one or

2-4  more of the gatherings collectively constitute a quorum; and

2-5           (III) The series of gatherings was held with the specific

2-6  intent to avoid the provisions of this chapter.

2-7  (b) Does not include a gathering or series of gatherings of

2-8  members of a public body, as described in paragraph (a), at which a

2-9  quorum is actually or collectively present:

2-10          (1) Which occurs at a social function if the members do not

2-11  deliberate toward a decision or take action on any matter over which

2-12  the public body has supervision, control, jurisdiction or advisory

2-13  power.

2-14          (2) To receive information from the attorney employed or

2-15  retained by the public body regarding potential or existing litigation

2-16  involving a matter over which the public body has supervision,

2-17  control, jurisdiction or advisory power and to deliberate toward a

2-18  decision on the matter, or both.

2-19      3.  Except as otherwise provided in this subsection, “public

2-20  body” means any administrative, advisory, executive or legislative

2-21  body of the State or a local government which expends or disburses

2-22  or is supported in whole or in part by tax revenue or which advises

2-23  or makes recommendations to any entity which expends or disburses

2-24  or is supported in whole or in part by tax revenue, including, but not

2-25  limited to, any board, commission, committee, subcommittee or

2-26  other subsidiary thereof and includes an educational foundation as

2-27  defined in subsection 3 of NRS 388.750 and a university foundation

2-28  as defined in subsection 3 of NRS 396.405. Except as otherwise

2-29  provided by specific statute and unless the context otherwise

2-30  requires, “public body” includes a public body that is a governing

2-31  board. “Public body” does not include the Legislature of the State of

2-32  Nevada.

2-33      4.  “Public body that is a governing board” means a public

2-34  body as defined in subsection 3 that is:

2-35      (a) A legislative body of a local government that has the

2-36  authority to adopt an order, ordinance or rule, or other regulation;

2-37      (b) A public body to which another public body has delegated

2-38  the authority to take final action subject to appeal to that other

2-39  public body; or

2-40      (c) An executive or administrative body that has the authority

2-41  to adopt a regulation or to make a decision that constitutes a final

2-42  decision for the purposes of judicial review.

2-43  The term does not include an advisory body of the State or a local

2-44  government or a public body which has fewer than one full-time

2-45  administrative employee or whose members are not entitled by

3-1  statute to receive per diem or other compensation while engaged in

3-2  the business of the public body.

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

3-4  membership of a public body or another proportion established by

3-5  law.

3-6  Sec. 3.  NRS 241.020 is hereby amended to read as follows:

3-7  241.020  1.  Except as otherwise provided by specific statute,

3-8  all meetings of public bodies must be open and public, and all

3-9  persons must be permitted to attend any meeting of these public

3-10  bodies. Public officers and employees responsible for these

3-11  meetings shall make reasonable efforts to assist and accommodate

3-12  physically handicapped persons desiring to attend.

3-13      2.  Except in an emergency, written notice of all meetings must

3-14  be given at least 3 working days before the meeting. The notice

3-15  must include:

3-16      (a) The time, place and location of the meeting.

3-17      (b) A list of the locations where the notice has been posted.

3-18      (c) An agenda consisting of:

3-19          (1) A clear and complete statement of the topics scheduled to

3-20  be considered during the meeting.

3-21          (2) A list describing the items on which action may be taken

3-22  and clearly denoting that action may be taken on those items.

3-23          (3) A period devoted to comments by the general public, if

3-24  any, and discussion of those comments. No action may be taken

3-25  upon a matter raised under this item of the agenda until the matter

3-26  itself has been specifically included on an agenda as an item upon

3-27  which action may be taken pursuant to subparagraph (2).

3-28          (4) If any portion of the meeting will be closed, an

3-29  indication of any item that is a closed session and an estimated

3-30  time for the conduct of that closed session. If the meeting will

3-31  include more than one closed session, the public body shall

3-32  schedule and consider those items consecutively, if practicable.

3-33      3.  Minimum public notice is:

3-34      (a) Posting a copy of the notice at the principal office of the

3-35  public body or, if there is no principal office, at the building in

3-36  which the meeting is to be held, and at not less than three other

3-37  separate, prominent places within the jurisdiction of the public body

3-38  not later than 9 a.m. of the third working day before the meeting;

3-39  and

3-40      (b) Providing a copy of the notice to any person who has

3-41  requested notice of the meetings of the public body. A request for

3-42  notice lapses 6 months after it is made [.] and may be renewed by

3-43  the requester in writing. The public body shall inform the requester

3-44  of this fact by enclosure with, notation upon or text included within

3-45  the first notice sent. The notice must be:

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

4-2  not later than 9 a.m. of the third working day before the meeting for

4-3  transmittal to the requester by regular mail; or

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

4-5  agreed to receive the public notice by electronic mail, transmitted to

4-6  the requester by electronic mail sent not later than 9 a.m. of the third

4-7  working day before the meeting.

4-8  4.  If a public body maintains [a] its own website on the Internet

4-9  or its successor, the public body shall post notice of each of its

4-10  meetings on its website not later than 9 a.m. of the third working

4-11  day before the meeting unless the public body is unable to do so

4-12  because of technical problems relating to the operation or

4-13  maintenance of its website. Regardless of whether it maintains its

4-14  own website on the Internet or its successor, a public body that is a

4-15  governing board shall post notice of each of its meetings on a

4-16  public website on the Internet or its successor not later than 9 a.m.

4-17  of the third working day before the meeting unless the public body

4-18  is unable to do so because of technical problems relating to the

4-19  operation or maintenance of the website. Notice posted pursuant to

4-20  this subsection is supplemental to and is not a substitute for the

4-21  minimum public notice required pursuant to subsection 3. The

4-22  inability of a public body to post notice of a meeting pursuant to this

4-23  subsection as a result of such technical problems [with its website]

4-24  shall not be deemed to be a violation of the provisions of this

4-25  chapter.

4-26      5.  Upon any request, a public body shall provide, at no charge,

4-27  at least one copy of:

4-28      (a) An agenda for a public meeting;

4-29      (b) A proposed ordinance or regulation which will be discussed

4-30  at the public meeting; and

4-31      (c) Any other supporting material provided to the members of

4-32  the publicbody for an item on the agenda, except materials:

4-33          (1) Submitted to the public body pursuant to a nondisclosure

4-34  or confidentiality agreement;

4-35          (2) Pertaining to the closed portion of such a meeting of the

4-36  public body; or

4-37          (3) Declared confidential by law.

4-38  If the requester has agreed to receive the information and material

4-39  set forth in this subsection by electronic mail, the public body shall,

4-40  if feasible, provide the information and material by electronic mail.

4-41      6.  A public body may provide the public notice, information

4-42  and material required by this section by electronic mail. If a public

4-43  body makes such notice, information and material available by

4-44  electronic mail, the public body shall inquire of a person who

4-45  requests the notice, information or material if the person will accept

5-1  receipt by electronic mail. The inability of a public body, as a result

5-2  of technical problems with its electronic mail system, to provide a

5-3  public notice, information or material required by this section to a

5-4  person who has agreed to receive such notice, information or

5-5  material by electronic mail shall not be deemed to be a violation of

5-6  the provisions of this chapter.

5-7  7.  As used in this section, “emergency” means an unforeseen

5-8  circumstance which requires immediate action and includes, but is

5-9  not limited to:

5-10      (a) Disasters caused by fire, flood, earthquake or other natural

5-11  causes; or

5-12      (b) Any impairment of the health and safety of the public.

5-13      Sec. 4.  NRS 241.035 is hereby amended to read as follows:

5-14      241.035  1.  Each public body shall keep written minutes of

5-15  each of its meetings, including:

5-16      (a) The date, time and place of the meeting.

5-17      (b) Those members of the public body who were present and

5-18  those who were absent.

5-19      (c) The substance of all matters proposed, discussed or decided

5-20  and, at the request of any member, a record of each member’s vote

5-21  on any matter decided by vote.

5-22      (d) The substance of remarks made by any member of the

5-23  general public who addresses the public body if he requests that the

5-24  minutes reflect his remarks or, if he has prepared written remarks, a

5-25  copy of his prepared remarks if he submits a copy for inclusion.

5-26      (e) Any other information which any member of the public body

5-27  requests to be included or reflected in the minutes.

5-28      2.  [Minutes] Except as otherwise provided in this subsection,

5-29  minutes of public meetings are public records[. Minutes or

5-30  audiotape recordings of the meetings] and must be [made] :

5-31      (a) Made available for inspection by the public ; and

5-32      (b) Except as otherwise provided in subsection 3, if the public

5-33  body is a public body that is a governing board, posted on a public

5-34  website on the Internet or its successor, if any,

5-35  within [30] 60 working days after the adjournment of the meeting at

5-36  which the minutes were taken [.] or, if the meeting was a meeting

5-37  of a public body that is a governing board, upon adoption and

5-38  approval of the minutes by the public body. The minutes shall be

5-39  deemed to have permanent value and must be retained by the public

5-40  body on the public website, if applicable, for at least 1 year and at

5-41  the office of the public body for at least 5 years[.] after the

5-42  adjournment of the meeting at which the minutes were taken.

5-43  Thereafter, the minutes may be transferred for archival preservation

5-44  in accordance with NRS 239.080 to 239.125, inclusive. Minutes of

5-45  meetings closed pursuant to NRS 241.030 become public records

6-1  when the public body determines that the matters discussed no

6-2  longer require confidentiality and the person whose character,

6-3  conduct, competence or health was discussed has consented to their

6-4  disclosure[.] in writing. That person is entitled to a copy of the

6-5  minutes upon request whether or not [they] the minutes become

6-6  public records.

6-7  3.  A public body that is a governing board is not required by

6-8  paragraph (b) of subsection 2 to post any exhibits that are

6-9  included in the written minutes on the public website. If the public

6-10  body that is a governing board does not post such exhibits on the

6-11  public website, the public body shall:

6-12      (a) Post a list of those exhibits on the website with the written

6-13  minutes in which those exhibits are included; and

6-14      (b) Indicate the location at which those exhibits are available

6-15  for public inspection.

6-16      4.  All or part of any meeting of a public body may be recorded

6-17  on audiotape or any other means of sound or video reproduction by

6-18  a member of the general public if it is a public meeting so long as

6-19  this in no way interferes with the conduct of the meeting.

6-20      [4.] 5. Each public body that is not a governing board may

6-21  and, except as otherwise provided in NRS 360.130, each public

6-22  body that is a governing board shall, record on audiotape or any

6-23  other means of sound reproduction each of its meetings, whether

6-24  public or closed. [If] An audio recording of a meeting [is so

6-25  recorded:

6-26      (a) The record must] :

6-27      (a) Must be retained by the public body for at least [1 year] 3

6-28  years after the adjournment of the meeting at which it was recorded.

6-29      (b) [The record of a public meeting is] Except as otherwise

6-30  provided in this paragraph, is a public record and must be made

6-31  available for inspection by the public [during the time the record is

6-32  retained. Any record made pursuant to this subsection must] within

6-33  10 working days after the adjournment of the meeting at which it

6-34  was recorded. An audio recording of any portion of a meeting that

6-35  is closed pursuant to NRS 241.030 becomes a public record when

6-36  the public body determines that the matters discussed no longer

6-37  require confidentiality and the person whose character, conduct,

6-38  competence or health was discussed has consented to its disclosure

6-39  in writing. That person is entitled to a copy of the audio recording

6-40  upon request whether or not the recording becomes a public

6-41  record.

6-42      (c) Must be made available to the Attorney General upon

6-43  request.

6-44      [5.  If a public body elects to record a public meeting pursuant

6-45  to the provisions of subsection 4, any portion of that meeting which

7-1  is closed must also be recorded and must be retained and made

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

7-3  relating to records of closed meetings. Any record made pursuant to

7-4  this subsection must be made available to the Attorney General

7-5  upon request.]

7-6  Sec. 5.  NRS 1A.100 is hereby amended to read as follows:

7-7  1A.100  1.  A system of retirement providing benefits for the

7-8  retirement, disability or death of all justices of the Supreme Court

7-9  and district judges and funded on an actuarial reserve basis is hereby

7-10  established and must be known as the Judicial Retirement System.

7-11      2.  The System consists of the Judicial Retirement Plan and the

7-12  provisions set forth in NRS 2.060 to 2.083, inclusive, and 3.090 to

7-13  3.099, inclusive, for providing benefits to justices of the Supreme

7-14  Court or district judges who served either as a justice of the

7-15  Supreme Court or district judge before November 5, 2002. Each

7-16  justice of the Supreme Court or district judge who is not a member

7-17  of the Public Employees’ Retirement System is a member of the

7-18  System.

7-19      3.  The official correspondence and records, other than the files

7-20  of individual members of the System or retired justices or judges,

7-21  and , except as otherwise provided in NRS 241.035, the minutes ,

7-22  audio recordings and books of the System are public records and

7-23  are available for public inspection.

7-24      4.  The System must be administered exclusively by the Board,

7-25  which shall make all necessary rules and regulations for the

7-26  administration of the System. The rules must include, without

7-27  limitation, rules relating to the administration of the retirement plans

7-28  in accordance with federal law. The Legislature shall regularly

7-29  review the System.

7-30      Sec. 6.  Chapter 213 of NRS is hereby amended by adding

7-31  thereto a new section to read as follows:

7-32      1.  A meeting or hearing that may result in a recommendation

7-33  or final decision to grant, deny, continue or revoke the parole of a

7-34  prisoner, certify a prisoner pursuant to NRS 213.1214, commute a

7-35  sentence, restore a person’s civil rights, grant a pardon or

7-36  reprieve, or remit a fine or forfeiture is not subject to any

7-37  provision of chapter 241 of NRS.

7-38      2.  A meeting held pursuant to NRS 213.130 or any other

7-39  meeting or hearing that may result in a recommendation or final

7-40  decision to grant, deny, continue or revoke the parole of a

7-41  prisoner, and a meeting or hearing to commute a sentence, restore

7-42  a person’s civil rights, grant a pardon or reprieve, or remit a fine

7-43  or forfeiture, must be open to the public.

7-44      Sec. 7.  NRS 213.130 is hereby amended to read as follows:

7-45      213.130  1.  The Department of Corrections shall:

8-1  (a) Determine when a prisoner sentenced to imprisonment in the

8-2  state prison is eligible to be considered for parole;

8-3  (b) Notify the State Board of Parole Commissioners of the

8-4  eligibility of the prisoner to be considered for parole; and

8-5  (c) Before a meeting to consider the prisoner for parole, compile

8-6  and provide to the Board data that will assist the Board in

8-7  determining whether parole should be granted.

8-8  2.  If a prisoner is being considered for parole from a sentence

8-9  imposed for conviction of a crime which involved the use of force

8-10  or violence against a victim and which resulted in bodily harm to a

8-11  victim and if original or duplicate photographs that depict the

8-12  injuries of the victim or the scene of the crime were admitted at the

8-13  trial of the prisoner or were part of the report of the presentence

8-14  investigation and are reasonably available, a representative sample

8-15  of such photographs must be included with the information

8-16  submitted to the Board at the meeting. A prisoner may not bring a

8-17  cause of action against the State of Nevada, its political

8-18  subdivisions, agencies, boards, commissions, departments, officers

8-19  or employees for any action that is taken pursuant to this subsection

8-20  or for failing to take any action pursuant to this subsection,

8-21  including, without limitation, failing to include photographs or

8-22  including only certain photographs. As used in this subsection,

8-23  “photograph” includes any video, digital or other photographic

8-24  image.

8-25      3.  Meetings to consider prisoners for parole may be held

8-26  semiannually or more often, on such dates as may be fixed by the

8-27  Board. [All meetings must be open to the public.]

8-28      4.  Not later than 5 days after the date on which the Board fixes

8-29  the date of the meeting to consider a prisoner for parole, the Board

8-30  shall notify the victim of the prisoner who is being considered for

8-31  parole of the date of the meeting and of his rights pursuant to this

8-32  subsection, if the victim has requested notification in writing and

8-33  has provided his current address or if the victim’s current address is

8-34  otherwise known by the Board. The victim of a prisoner being

8-35  considered for parole may submit documents to the Board and may

8-36  testify at the meeting held to consider the prisoner for parole. A

8-37  prisoner must not be considered for parole until the Board has

8-38  notified any victim of his rights pursuant to this subsection and he is

8-39  given the opportunity to exercise those rights. If a current address is

8-40  not provided to or otherwise known by the Board, the Board must

8-41  not be held responsible if such notification is not received by the

8-42  victim.

8-43      5.  The Board may deliberate in private after a public meeting

8-44  held to consider a prisoner for parole.

9-1  6.  The Board of State Prison Commissioners shall provide

9-2  suitable and convenient rooms or space for use of the Board.

9-3  7.  If a victim is notified of a meeting to consider a prisoner for

9-4  parole pursuant to subsection 4, the Board shall, upon making a final

9-5  decision concerning the parole of the prisoner, notify the victim of

9-6  its final decision.

9-7  8.  All personal information, including, but not limited to, a

9-8  current or former address, which pertains to a victim and which is

9-9  received by the Board pursuant to this section is confidential.

9-10      9.  For the purposes of this section, “victim” has the meaning

9-11  ascribed to it in NRS 213.005.

9-12      Sec. 8.  NRS 231.090 is hereby amended to read as follows:

9-13      231.090  The Executive Director of the Commission on

9-14  Economic Development shall direct and supervise all its

9-15  administrative and technical activities, including coordinating its

9-16  plans for economic development, promoting the production of

9-17  motion pictures, scheduling the Commission’s programs, analyzing

9-18  the effectiveness of those programs and associated expenditures, and

9-19  cooperating with other governmental agencies which have programs

9-20  related to economic development. In addition to other powers and

9-21  duties, the Executive Director:

9-22      1.  Shall attend all meetings of the Commission and act as its

9-23  Secretary, keeping minutes and audio recordings of its proceedings.

9-24      2.  Shall report regularly to the Commission concerning the

9-25  administration of its policies and programs.

9-26      3.  Shall report annually to the Governor and the Commission

9-27  regarding the work of the Commission and may make such special

9-28  reports as he considers desirable to the Governor.

9-29      4.  May perform any other lawful acts which he considers

9-30  desirable to carry out the provisions of NRS 231.020 to 231.130,

9-31  inclusive.

9-32      Sec. 9.  NRS 231.220 is hereby amended to read as follows:

9-33      231.220  The Executive Director of the Commission on

9-34  Tourism shall direct and supervise all its administrative and

9-35  technical activities, including coordinating its plans for tourism and

9-36  publications, scheduling its programs, analyzing the effectiveness of

9-37  those programs and associated expenditures, and cooperating with

9-38  other governmental agencies which have programs related to travel

9-39  and tourism. In addition to other powers and duties, the Executive

9-40  Director:

9-41      1.  Shall attend all meetings of the Commission and act as its

9-42  Secretary, keeping minutes and audio recordings of its proceedings.

9-43      2.  Shall report regularly to the Commission concerning the

9-44  administration of its policies and programs.

9-45      3.  Shall serve as the Director of the Division of Tourism.

10-1      4.  Shall appoint the Administrator of the Division of

10-2  Publications.

10-3      5.  May perform any other lawful acts which he considers

10-4  necessary to carry out the provisions of NRS 231.160 to 231.360,

10-5  inclusive.

10-6      Sec. 10.  NRS 233A.065 is hereby amended to read as follows:

10-7      233A.065  The Executive Director of the Commission shall:

10-8      1.  Be jointly responsible to the Governor and the Commission.

10-9      2.  Direct and supervise all the technical and administrative

10-10  activities of the Commission.

10-11     3.  Attend all Commission meetings and act as Secretary,

10-12  keeping minutes and audio recordings of the proceedings.

10-13     4.  Report to the Governor and the Commission all matters

10-14  concerning the administration of his office. He shall request the

10-15  advice of the Commission regarding matters of policy, but he is

10-16  responsible, unless otherwise provided by law, for the conduct of

10-17  the administrative functions of the Commission Office.

10-18     5.  Compile, for Commission approval and submission to the

10-19  Governor, a biennial report regarding the work of the Commission

10-20  and such other matters as he may consider desirable.

10-21     6.  Serve as contracting officer to receive [funds] money from

10-22  the Federal Government or other sources for such studies as the

10-23  Commission deems necessary.

10-24     7.  Attend all meetings of any special study committee

10-25  appointed by the Governor pursuant to this chapter and act as

10-26  Secretary, keeping minutes and audio recordings of the

10-27  proceedings.

10-28     8.  Perform any lawful act which he considers necessary or

10-29  desirable to carry out the purposes and provisions of this chapter.

10-30     Sec. 11.  NRS 233B.061 is hereby amended to read as follows:

10-31     233B.061  1.  All interested persons must be afforded a

10-32  reasonable opportunity to submit data, views or arguments upon a

10-33  proposed regulation, orally or in writing.

10-34     2.  Before holding the public hearing required pursuant to

10-35  subsection 3, an agency shall conduct at least one workshop to

10-36  solicit comments from interested persons on one or more general

10-37  topics to be addressed in a proposed regulation. If the agency is a

10-38  board, commission or other similar body, at least one member of

10-39  the body must be present at each such workshop, if practicable.

10-40  Not less than 15 days before the workshop, the agency shall provide

10-41  notice of the time and place set for the workshop:

10-42     (a) In writing to each person who has requested to be placed on

10-43  a mailing list; and

10-44     (b) In any other manner reasonably calculated to provide such

10-45  notice to the general public and any business that may be affected

11-1  by a proposed regulation which addresses the general topics to be

11-2  considered at the workshop.

11-3      3.  With respect to substantive regulations, the agency shall set

11-4  a time and place for an oral public hearing, but if no one appears

11-5  who will be directly affected by the proposed regulation and

11-6  requests an oral hearing, the agency may proceed immediately to act

11-7  upon any written submissions. The agency shall consider fully all

11-8  written and oral submissions respecting the proposed regulation.

11-9      4.  The agency shall keep, retain and make available for public

11-10  inspection written minutes and an audio recording of each public

11-11  hearing held pursuant to subsection 3 in the manner provided in

11-12  [subsections 1 and 2 of NRS 241.035.

11-13     5.  The agency may record each public hearing held pursuant to

11-14  subsection 3 and make those recordings available for public

11-15  inspection in the manner provided in subsection 4 of] NRS 241.035.

11-16     Sec. 12.  NRS 244A.611 is hereby amended to read as follows:

11-17     244A.611  1.  The board shall choose one of its members as

11-18  chairman and one of its members as vice chairman, and shall elect a

11-19  secretary and a treasurer, who may be members of the board. The

11-20  secretary and the treasurer may be one person.

11-21     2.  The secretary shall keep[,] audio recordings of all meetings

11-22  and, in a well-bound book, a record of all of the proceedings of the

11-23  board, minutes of all meetings, certificates, contracts, bonds given

11-24  by employees, and all other acts of the board. [The] Except as

11-25  otherwise provided in NRS 241.035, the minute book , audio

11-26  recordings and records [shall] must be open to the inspection of all

11-27  owners of real property in the county as well as to all other

11-28  interested persons, at all reasonable times and places.

11-29     3.  The treasurer shall keep, in permanent records, strict and

11-30  accurate accounts of all money received by and disbursed for and on

11-31  behalf of the board and the county. He shall file with the county

11-32  clerk, at county expense, a corporate fidelity bond in an amount not

11-33  less than $5,000, conditioned for the faithful performance of his

11-34  duties.

11-35     Sec. 13.  NRS 266.250 is hereby amended to read as follows:

11-36     266.250  1.  The deliberations, sessions and proceedings of the

11-37  city council must be public.

11-38     2.  The city council shall keep written minutes and audio

11-39  recordings of its own proceedings as required pursuant to NRS

11-40  241.035. The yeas and nays must be taken upon the passage of all

11-41  ordinances, and all propositions to create any liability against the

11-42  city, or to grant, deny, increase, decrease, abolish or revoke licenses,

11-43  and in all other cases at the request of any member of the city

11-44  council or of the mayor, which yeas and nays must be entered in the

11-45  minutes of its proceedings.

12-1      3.  The affirmative vote of a majority of all the members elected

12-2  to the city council is necessary to pass any such ordinance or

12-3  proposition.

12-4      Sec. 14.  NRS 278.290 is hereby amended to read as follows:

12-5      278.290  1.  Meetings of the board [shall] must be held at the

12-6  call of the chairman and at such other times as the board may

12-7  determine. The chairman, or in his absence the acting chairman,

12-8  may administer oaths and compel the attendance of witnesses. All

12-9  meetings of the board [shall] must be open to the public.

12-10     2.  The board shall adopt rules in accordance with the

12-11  provisions of any ordinance adopted pursuant to NRS 278.010 to

12-12  278.630, inclusive.

12-13     3.  The board shall keep minutes of its proceedings, showing

12-14  the vote of each member upon each question, or, if absent or failing

12-15  to vote, indicating such fact, and audio recordings of its

12-16  proceedings, and shall keep records of its examinations and other

12-17  official actions, all of which [shall] must be filed immediately in the

12-18  office of the board and [shall be a public record.] , except as

12-19  otherwise provided in NRS 241.035, are public records.

12-20     Sec. 15.  NRS 284.050 is hereby amended to read as follows:

12-21     284.050  1.  The Governor shall designate one of the members

12-22  of the Commission as Chairman of the Commission.

12-23     2.  The Director shall act as the nonvoting recording Secretary

12-24  of the Commission. He shall keep the minutes and audio recordings

12-25  of the proceedings of the Commission.

12-26     Sec. 16.  NRS 284.055 is hereby amended to read as follows:

12-27     284.055  1.  The members of the Commission may meet at the

12-28  times and places specified by the call of the Chairman or a majority

12-29  of the Commission, but a meeting of the Commission must be held

12-30  regularly at least once every 3 months.

12-31     2.  Three members of the Commission constitute a quorum. A

12-32  quorum may exercise any power conferred on the Commission, but

12-33  no regulations may be adopted, amended or rescinded except by a

12-34  majority vote of the entire membership of the Commission.

12-35     3.  The Commission shall keep minutes and audio recordings

12-36  of the transactions of each meeting. [The] Except as otherwise

12-37  provided in NRS 241.035, the minutes and audio recordings are

12-38  public records and must be filed with the Department.

12-39     Sec. 17.  NRS 286.110 is hereby amended to read as follows:

12-40     286.110  1.  A system of retirement providing benefits for the

12-41  retirement, disability or death of employees of public employers and

12-42  funded on an actuarial reserve basis is hereby established and must

12-43  be known as the Public Employees’ Retirement System. The System

12-44  is a public agency supported by administrative fees transferred from

13-1  the retirement funds. The Executive and Legislative Departments of

13-2  the State Government shall regularly review the System.

13-3      2.  The System is entitled to use any services provided to state

13-4  agencies and shall use the services of the Purchasing Division of the

13-5  Department of Administration, but is not required to use any other

13-6  service. The purpose of this subsection is to provide to the Board the

13-7  necessary autonomy for an efficient and economic administration of

13-8  the System and its program.

13-9      3.  The official correspondence and records, other than the files

13-10  of individual members or retired employees, and , except as

13-11  otherwise provided in NRS 241.035, the minutes , audio recordings

13-12  and books of the System are public records and are available for

13-13  public inspection.

13-14     4.  The respective participating public employers are not liable

13-15  for any obligation of the System.

13-16     Sec. 18.  NRS 287.0438 is hereby amended to read as follows:

13-17     287.0438  Except for the files of individual members and

13-18  former members, the correspondence, files, minutes , audio

13-19  recordings and books of the Program are , except as otherwise

13-20  provided in NRS 241.035, public records.

13-21     Sec. 19.  NRS 318.020 is hereby amended to read as follows:

13-22     318.020 As used in this chapter, unless the context otherwise

13-23  requires:

13-24     1.  “Acquisition,” “acquire” and “acquiring” each means

13-25  acquisition, extension, alteration, reconstruction, repair or other

13-26  improvement by purchase, construction, installation, reconstruction,

13-27  condemnation, lease, rent, gift, grant, bequest, devise, contract or

13-28  other acquisition, or any combination thereof.

13-29     2.  “Board of trustees” and “board” alone each means the board

13-30  of trustees of a district.

13-31     3.  “FM radio” means a system of radio broadcasting by means

13-32  of frequency modulation.

13-33     4.  “General improvement district” and “district” alone each

13-34  means any general improvement district organized or, in the case of

13-35  organizational provisions, proposed to be organized, pursuant to this

13-36  chapter.

13-37     5.  “Mail” means a single mailing first class or its equivalent,

13-38  postage prepaid, by deposit in the United States mails, at least 15

13-39  days before the designated time or event.

13-40     6.  “Project” and “improvement” each means any structure,

13-41  facility, undertaking or system which a district is authorized to

13-42  acquire, improve, equip, maintain or operate. A project may consist

13-43  of all kinds of personal and real property, including, but not limited

13-44  to, land, elements and fixtures thereon, property of any nature

13-45  appurtenant thereto or used in connection therewith, and every

14-1  estate, interest and right therein, legal or equitable, including terms

14-2  for years, or any combination thereof.

14-3      7.  “Publication” means publication [at least once a week for 3

14-4  consecutive weeks in at least] one time in a newspaper of general

14-5  circulation in the district[. It is not necessary that publication be

14-6  made on the same day of the week in each of the 3 calendar weeks,

14-7  but the first publication must be] at least 15 days before the

14-8  designated time or event.

14-9      8.  “Qualified elector” means a person who has registered to

14-10  vote in district elections.

14-11     9.  “Special assessment district” means any local public

14-12  improvement district organized within a general improvement

14-13  district by the board of trustees of such general improvement district

14-14  pursuant to this chapter.

14-15     10.  “Trustees” means the members of a board.

14-16     Sec. 20.  NRS 318.085 is hereby amended to read as follows:

14-17     318.085  Except as otherwise provided in NRS 318.0953 and

14-18  318.09533:

14-19     1.  After taking oaths and filing bonds, the board shall choose

14-20  one of its members as chairman of the board and president of the

14-21  district, and shall elect a secretary and a treasurer of the board and

14-22  of the district, who may or may not be members of the board. The

14-23  secretary and the treasurer may be one person.

14-24     2.  The board shall adopt a seal.

14-25     3.  The secretary shall keep[,] audio recordings of all meetings

14-26  and, in a well-bound book, a record of all of the board’s

14-27  proceedings, minutes of all meetings, any certificates, contracts,

14-28  bonds given by employees and all corporate acts. [This] Except as

14-29  otherwise provided in NRS 241.035, the book , audio recordings

14-30  and records must be open to inspection of all owners of real

14-31  property in the district as well as to all other interested persons.

14-32     4.  The treasurer shall keep strict and accurate accounts of all

14-33  money received by and disbursed for and on behalf of the district in

14-34  permanent records. He shall file with the county clerk, at the

14-35  expense of the district, a corporate surety bond in an amount not

14-36  more than $50,000, the form and exact amount thereof to be

14-37  approved and determined, respectively, by the board of county

14-38  commissioners, conditioned for the faithful performance of the

14-39  duties of his office. Any other officer or trustee who actually

14-40  receives or disburses money of the district shall furnish a bond as

14-41  provided in this subsection. The board of county commissioners

14-42  may, upon good cause shown, increase or decrease the amount of

14-43  that bond.

14-44     5.  Each member of a board of trustees of a district organized or

14-45  reorganized pursuant to this chapter may receive as compensation

15-1  for his service not more than [$6,000] $9,000 per year, payable

15-2  monthly, if the budget is adequate and a majority of the members of

15-3  the board vote in favor of such compensation, but no member of the

15-4  board may receive any other compensation for his service to the

15-5  district as an employee or otherwise. [A] Each member of the board

15-6  [is not entitled to receive as compensation more than $1,800 per

15-7  year if the additional compensation is approved during the term of

15-8  the member.] must receive the same compensation. If a majority of

15-9  the members of the board vote in favor of an increase in the

15-10  compensation of the trustees, the increase may not take effect until

15-11  January 1 following the next biennial election of the district as set

15-12  forth in NRS 318.095.

15-13     Sec. 21.  NRS 318.197 is hereby amended to read as follows:

15-14     318.197 1.  The board may fix, and from time to time increase

15-15  or decrease, electric energy, cemetery, swimming pool, other

15-16  recreational facilities, television, FM radio, sewer, water, storm

15-17  drainage, flood control, snow removal, lighting, garbage or refuse

15-18  rates, tolls or charges other than special assessments, including, but

15-19  not limited to, service charges and standby service charges, for

15-20  services or facilities furnished by the district, charges for the

15-21  availability of service, annexation charges, and minimum charges,

15-22  and pledge the revenue for the payment of any indebtedness or

15-23  special obligations of the district.

15-24     2.  Upon compliance with subsection 9 and until paid, all rates,

15-25  tolls or charges constitute a perpetual lien on and against the

15-26  property served. A perpetual lien is prior and superior to all liens,

15-27  claims and titles other than liens of general taxes and special

15-28  assessments and is not subject to extinguishment by the sale of any

15-29  property on account of nonpayment of any liens, claims and titles

15-30  including the liens of general taxes and special assessments. A

15-31  perpetual lien must be foreclosed in the same manner as provided by

15-32  the laws of the State of Nevada for the foreclosure of mechanics’

15-33  liens. Before any lien is foreclosed, the board shall hold a hearing

15-34  thereon after providing notice thereof by publication and by

15-35  registered or certified first-class mail, postage prepaid, addressed to

15-36  the last known owner at his last known address according to the

15-37  records of the district and the real property assessment roll in the

15-38  county in which the property is located.

15-39     3.  The board shall prescribe and enforce regulations for the

15-40  connection with and the disconnection from properties of the

15-41  facilities of the district and the taking of its services.

15-42     4.  The board may provide for the collection of charges.

15-43  Provisions may be made for, but are not limited to:

15-44     (a) The granting of discounts for prompt payment of bills.

16-1      (b) The requiring of deposits or the prepayment of charges in an

16-2  amount not exceeding 1 year’s charges from persons receiving

16-3  service and using the facilities of the enterprise or from the owners

16-4  of property on which or in connection with which services and

16-5  facilities are to be used. In case of nonpayment of all or part of a

16-6  bill, the deposits or prepaid charges must be applied only insofar as

16-7  necessary to liquidate the cumulative amount of the charges plus

16-8  penalties and cost of collection.

16-9      (c) The requiring of a guaranty by the owner of property that the

16-10  bills for service to the property or the occupants thereof will be paid.

16-11     5.  The board may provide for a basic penalty for nonpayment

16-12  of the charges within the time and in the manner prescribed by it.

16-13  The basic penalty must not be more than 10 percent of each month’s

16-14  charges for the first month delinquent. In addition to the basic

16-15  penalty, the board may provide for a penalty of not exceeding 1.5

16-16  percent per month for nonpayment of the charges and basic penalty.

16-17  [On the first day of the calendar month following the date of

16-18  payment specified in the bill the] The board may prescribe and

16-19  enforce regulations that set forth the date on which a charge

16-20  becomes delinquent . [if the bill or that portion thereof which is not

16-21  in bona fide dispute remains unpaid.] The board may provide for

16-22  collection of the penalties provided for in this section.

16-23     6.  The board may provide that charges for any service must be

16-24  collected together with and not separately from the charges for any

16-25  other service rendered by it, and that all charges must be billed upon

16-26  the same bill and collected as one item.

16-27     7.  The board may enter into a written contract with any person,

16-28  firm or public or private corporation providing for the billing and

16-29  collection by the person, firm or corporation of the charges for the

16-30  service furnished by any enterprise. If all or any part of any bill

16-31  rendered by the person, firm or corporation pursuant to a contract is

16-32  not paid and if the person, firm or corporation renders any public

16-33  utility service to the person billed, the person, firm or corporation

16-34  may discontinue its utility service until the bill is paid, and the

16-35  contract between the board and the person, firm or corporation may

16-36  so provide.

16-37     8.  As a remedy established for the collection of due and unpaid

16-38  deposits and charges and the penalties thereon an action may be

16-39  brought in the name of the district in any court of competent

16-40  jurisdiction against the person or persons who occupied the property

16-41  when the service was rendered or the deposit became due or against

16-42  any person guaranteeing payment of bills, or against any or all such

16-43  persons, for the collection of the amount of the deposit or the

16-44  collection of delinquent charges and all penalties thereon.

17-1      9.  A lien against the property served is not effective until a

17-2  notice of the lien, separately prepared for each lot affected, is:

17-3      (a) Mailed to the last known owner at his last known address

17-4  according to the records of the district and the real property

17-5  assessment roll of the county in which the property is located;

17-6      (b) Delivered by the board to the office of the county recorder of

17-7  the county within which the property subject to such lien is located;

17-8      (c) Recorded by the county recorder in a book kept by him for

17-9  the purpose of recording instruments encumbering land; and

17-10     (d) Indexed in the real estate index as deeds and other

17-11  conveyances are required by law to be indexed.

17-12     Sec. 22.  NRS 318.490 is hereby amended to read as follows:

17-13     318.490 1.  Except as otherwise provided in NRS 318.492,

17-14  whenever a majority of the members of the board of county

17-15  commissioners of any county deem it to be in the best interests of

17-16  the county and of the district that the district be merged,

17-17  consolidated or dissolved, it shall so determine by ordinance, after

17-18  there is first found, determined and recited in the ordinance that:

17-19     (a) All outstanding indebtedness and bonds of all kinds of the

17-20  district have been paid or will be assumed by the resulting merged

17-21  or consolidated unit of government.

17-22     (b) The services of the district are no longer needed or can be

17-23  more effectively performed by an existing unit of government.

17-24     2.  [The] If a board of county commissioners determines to

17-25  merge, consolidate or dissolve a district that was, on October 1,

17-26  2003, exercising powers pursuant to NRS 318.140, 318.142 and

17-27  318.144, in addition to meeting the requirements set forth in

17-28  subsection 1, within 90 days after the ordinance is adopted by the

17-29  board of county commissioners, the ordinance must be adopted by

17-30  a majority of the board of trustees of the district that is being

17-31  merged, consolidated or dissolved. A district described in this

17-32  subsection may not be merged, consolidated or dissolved if the

17-33  ordinance is not adopted by the board of the district.

17-34     3.  After an ordinance has been adopted pursuant to

17-35  subsection 1 and, if applicable, subsection 2, the county clerk shall

17-36  thereupon certify a copy of the ordinance to the board of the district

17-37  and shall mail written notice to all property owners within the

17-38  district in his county, containing the following:

17-39     (a) The adoption of the ordinance[;] by the board of county

17-40  commissioners and, if applicable, by the board of the district;

17-41     (b) The determination of the board of county commissioners that

17-42  the district should be dissolved, merged or consolidated; and

17-43     (c) The time and place for hearing on the dissolution, merger or

17-44  consolidation.

 

18-1      Sec. 23.  NRS 318.492 is hereby amended to read as follows:

18-2      318.492 1.  If all the territory within a district organized

18-3  pursuant to this chapter is included within the boundaries of a city

18-4  incorporated under the provisions of chapter 266 of NRS, the board

18-5  of county commissioners of the county shall, within 90 days after

18-6  the filing of the notice required by NRS 266.033, adopt an ordinance

18-7  providing for the merger of the district with the city and fixing a

18-8  time and place for a hearing on the merger.

18-9      2.  The county clerk shall certify a copy of the ordinance and

18-10  give notice of its adoption in the manner provided by subsection [2]

18-11  3 of NRS 318.490.

18-12     3.  The board of county commissioners shall thereafter proceed

18-13  to hear and determine the matter as provided in NRS 318.495 and

18-14  318.500.

18-15     Sec. 24.  NRS 360.130 is hereby amended to read as follows:

18-16     360.130  1.  The Executive Director shall:

18-17     (a) Keep full and correct records of all transactions and

18-18  proceedings of the Nevada Tax Commission, the State Board of

18-19  Equalization and the Department. Notwithstanding the provisions

18-20  of NRS 241.035, the Nevada Tax Commission, the State Board of

18-21  Equalization and the Department are not required to record a

18-22  meeting on audiotape or any other means of sound reproduction,

18-23  provided that the meeting is transcribed in its entirety by a court

18-24  reporter who is certified pursuant to chapter 656 of NRS.

18-25     (b) Perform such other duties as may be required.

18-26     2.  The Nevada Tax Commission shall have the power to

18-27  authorize the Executive Director or any other officer of the

18-28  Department to hold hearings or make investigations, and upon any

18-29  such hearing , the Executive Director or officer [shall have] has the

18-30  authority to examine books, compel the attendance of witnesses,

18-31  administer oaths and conduct investigations.

18-32     Sec. 25.  NRS 361.300 is hereby amended to read as follows:

18-33     361.300  1.  On or before January 1 of each year, the county

18-34  assessor shall transmit to the county clerk, post at the front door of

18-35  the courthouse and publish in a newspaper published in the county a

18-36  notice to the effect that the secured tax roll is completed and open

18-37  for inspection by interested persons of the county.

18-38     2.  If the county assessor fails to complete the assessment roll in

18-39  the manner and at the time specified in this section, the board of

18-40  county commissioners shall not allow him a salary or other

18-41  compensation for any day after January 1 during which the roll is

18-42  not completed, unless excused by the board of county

18-43  commissioners.

18-44     3.  Except as otherwise provided in subsection 4, each board of

18-45  county commissioners shall by resolution, before December 1 of

19-1  any fiscal year in which assessment is made, require the county

19-2  assessor to prepare a list of all the taxpayers on the secured roll in

19-3  the county and the total valuation of property on which they

19-4  severally pay taxes and direct the county assessor:

19-5      (a) To cause such list and valuations to be printed and delivered

19-6  by the county assessor or mailed by him on or before January 1 of

19-7  the fiscal year in which assessment is made to each taxpayer in the

19-8  county; or

19-9      (b) To [cause] make such list and valuations [to be published

19-10  once] available for public inspection on or before January 1 of the

19-11  fiscal year in which assessment is made . [in a newspaper of general

19-12  circulation in the county. In addition to complying with paragraph

19-13  (a) or (b),] A copy of the list and valuations [may also be posted]

19-14  must be:

19-15         (1) Posted in a public area of [the] all public libraries and

19-16  branch libraries located in the county [,] and in a public area of the

19-17  county courthouse [and] or the county office building in which the

19-18  county assessor’s office is located ; [,] and

19-19         (2) Posted on a website or other Internet site that is operated

19-20  or administered by or on behalf of the county or county assessor [.],

19-21  or if there is no such site, a copy of the list and valuations must be

19-22  published once in a newspaper of general circulation in the

19-23  county. Before a copy of the list and valuations is posted on a

19-24  website or other Internet site pursuant to this subparagraph, the

19-25  board of county commissioners must cause to be published in a

19-26  newspaper of general circulation in the county a full-page notice,

19-27  in at least 10-point bold type or font, setting forth that:

19-28             (I) A copy of the list and valuations is available on a

19-29  specified website or other Internet site; and

19-30             (II) Upon request of any person, a copy of the list and

19-31  valuations will be mailed, without charge, to the person.

19-32     4.  A board of county commissioners may, in the resolution

19-33  required by subsection 3, authorize the county assessor not to

19-34  deliver or mail the list, as provided in paragraph (a) of subsection 3,

19-35  to taxpayers whose property is assessed at $1,000 or less and direct

19-36  the county assessor to mail to each such taxpayer a statement of the

19-37  amount of his assessment. Failure by a taxpayer to receive such a

19-38  mailed statement does not invalidate any assessment.

19-39     5.  The several boards of county commissioners in the State

19-40  may allow the bill contracted with their approval by the county

19-41  assessor under this section on a claim to be allowed and paid as are

19-42  other claims against the county.

19-43     6.  Whenever property is appraised or reappraised pursuant to

19-44  NRS 361.260, the county assessor shall, on or before December 18

19-45  of the fiscal year in which the appraisal or reappraisal is made,

20-1  deliver or mail to each owner of such property a written notice

20-2  stating its assessed valuation as determined from the appraisal or

20-3  reappraisal.

20-4      7.  If the secured tax roll is changed pursuant to NRS 361.310,

20-5  the county assessor shall mail an amended notice of assessed

20-6  valuation to each affected taxpayer. The notice must include the

20-7  dates for appealing the new assessed valuation.

20-8      8.  Failure by the taxpayer to receive a notice required by this

20-9  section does not invalidate the appraisal or reappraisal.

20-10     Sec. 26.  NRS 361.365 is hereby amended to read as follows:

20-11     361.365  1.  Each county board of equalization shall, at the

20-12  expense of the county, cause complete minutes and an audio

20-13  recording to be taken at each hearing. [These] In addition to the

20-14  requirements of NRS 241.035, these minutes must include the title

20-15  of all exhibits, papers, reports and other documentary evidence

20-16  submitted to the county board of equalization by the complainant.

20-17  The clerk of the county board of equalization shall forward the

20-18  minutes and audio recordings to the Secretary of the State Board of

20-19  Equalization.

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

20-21  equalization is requested by the complainant, he shall furnish the

20-22  reporter, pay for the transcript and deliver a copy of the transcript to

20-23  the clerk of the county board of equalization and the Secretary of the

20-24  State Board of Equalization upon filing an appeal.

20-25     Sec. 27.  NRS 380.050 is hereby amended to read as follows:

20-26     380.050  1.  The members of the board of law library trustees

20-27  shall appoint one of their number as president.

20-28     2.  They shall elect a secretary who shall:

20-29     (a) Keep a full statement and account of all property, money,

20-30  receipts and expenditures of the board, unless the board delegates

20-31  that duty.

20-32     (b) Keep a record , [and] full minutes in writing and an audio

20-33  recording of all proceedings of the board. The secretary may certify

20-34  to such proceedings, or any part thereof, under his hand.

20-35     3.  The board of law library trustees, by a majority vote

20-36  recorded in the minutes with ayes and noes at length, may:

20-37     (a) Define the powers and prescribe the duties of any and all

20-38  officers;

20-39     (b) Determine the number and elect all necessary subordinate

20-40  officers and assistants;

20-41     (c) Remove, at its pleasure, any officer or assistant; and

20-42     (d) Fix the salaries of the secretary and other subordinate

20-43  officers and assistants.

 

 

21-1      Sec. 28.  NRS 384.070 is hereby amended to read as follows:

21-2      384.070  1.  The Commission may establish and maintain an

21-3  office in Virginia City, Storey County, Nevada, in which , except as

21-4  otherwise provided in NRS 241.035, there [shall] must be at all

21-5  times open to public inspection a complete record of applications for

21-6  certificates of appropriateness and their disposition, minutes and

21-7  audio recordings of the Commission’s meetings, and any

21-8  regulations adopted by the Commission.

21-9      2.  The Commission shall maintain a library in the office for the

21-10  purpose of guiding applicants in their design or embellishment of

21-11  the exterior of their buildings, new or remodeled. The library [shall]

21-12  must consist of, but not be limited to, documents, paintings,

21-13  photographs, drawings and histories descriptive of the period which

21-14  are deemed appropriate guidelines to the applicant. A card index

21-15  system [shall] must also be made and maintained for reference to

21-16  more comprehensive information in libraries other than the one

21-17  maintained by the Commission.

21-18     Sec. 29.  NRS 386.325 is hereby amended to read as follows:

21-19     386.325  The clerk shall:

21-20     1.  Keep the minutes and audio recordings of all meetings and

21-21  transactions of the board of trustees.

21-22     2.  Subject to the written direction of the board of trustees, draw

21-23  all orders for the payment of moneys belonging to the school

21-24  district.

21-25     Sec. 30.  NRS 417.160 is hereby amended to read as follows:

21-26     417.160  1.  The Nevada Veterans’ Services Commission shall

21-27  annually choose one of its members to serve as Chairman and one of

21-28  its members to serve as Vice Chairman.

21-29     2.  The Executive Director shall provide for the preparation and

21-30  maintenance of written minutes for and an audio recording of each

21-31  meeting of the Veterans’ Services Commission.

21-32     3.  Members of the Veterans’ Services Commission are entitled

21-33  to receive:

21-34     (a) A salary of not more than $80 per day, as fixed by the

21-35  Executive Director, while engaged in the business of the

21-36  Commission.

21-37     (b) A subsistence allowance of not more than $56 per day, as

21-38  fixed by the Executive Director, and actual expenses for

21-39  transportation, while traveling on business of the Commission.

21-40     Sec. 31.  NRS 422.110 is hereby amended to read as follows:

21-41     422.110  1.  The members of the Board shall meet twice each

21-42  calendar year to consider any issues related to public assistance and

21-43  other programs for which the Welfare Division is responsible that

21-44  may be of importance to members of the general public, the

21-45  Governor or the Welfare Division, at such places as the Board, the

22-1  Chairman of the Board, the State Welfare Administrator or the

22-2  Director deems appropriate.

22-3      2.  Four members of the Board constitute a quorum, and a

22-4  quorum may exercise all the power and authority conferred on the

22-5  Board.

22-6      3.  The Board shall:

22-7      (a) At least 45 days before the date it holds a meeting, provide

22-8  public notice of the date, time and location of the meeting, in

22-9  addition to the notice required pursuant to NRS 241.020.

22-10     (b) Keep minutes of all meetings of the Board, which must

22-11  include records of testimony and written comments presented to the

22-12  Board, and audio recordings of all meetings of the Board and file

22-13  the minutes and audio recordings with the Welfare Division. [The]

22-14  Except as otherwise provided in NRS 241.035, the minutes and

22-15  audio recordings must be maintained as public records.

22-16     Sec. 32.  NRS 422.224 is hereby amended to read as follows:

22-17     422.224  1.  Before adopting, amending or repealing any

22-18  regulation for the administration of a program of public assistance

22-19  or any other program for which the Welfare Division is responsible,

22-20  the State Welfare Administrator shall give at least 30 days’ notice of

22-21  his intended action.

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

22-23     (a) Include a statement of the need for and purpose of the

22-24  proposed regulation, and either the terms or substance of the

22-25  proposed regulation or a description of the subjects and issues

22-26  involved, and of the time when, the place where[,] and the manner

22-27  in which, interested persons may present their views thereon.

22-28     (b) Include a statement identifying the entities that may be

22-29  financially affected by the proposed regulation and the potential

22-30  financial impact, if any, upon local government.

22-31     (c) State each address at which the text of the proposed

22-32  regulation may be inspected and copied.

22-33     (d) Be mailed to all persons who have requested in writing that

22-34  they be placed upon a mailing list, which must be kept by the State

22-35  Welfare Administrator for that purpose.

22-36     3.  All interested persons must be afforded a reasonable

22-37  opportunity to submit data, views or arguments upon a proposed

22-38  regulation, orally or in writing. The State Welfare Administrator

22-39  shall consider fully all oral and written submissions relating to the

22-40  proposed regulation.

22-41     4.  The State Welfare Administrator shall keep, retain and make

22-42  available for public inspection written minutes and an audio

22-43  recording of each public hearing held pursuant to this section in the

22-44  manner provided in [subsections 1 and 2 of NRS 241.035.

23-1      5.  The State Welfare Administrator may record each public

23-2  hearing held pursuant to this section and make those recordings

23-3  available for public inspection in the manner provided in subsection

23-4  4 of] NRS 241.035.

23-5      [6.] 5. No objection to any regulation on the ground of

23-6  noncompliance with the procedural requirements of this section may

23-7  be made more than 2 years after its effective date.

23-8      Sec. 33.  NRS 422.2369 is hereby amended to read as follows:

23-9      422.2369  1.  Before adopting, amending or repealing any

23-10  regulation for the administration of a program of public assistance

23-11  or any other program for which the Division of Health Care

23-12  Financing and Policy is responsible, the Administrator shall give at

23-13  least 30 days’ notice of his intended action.

23-14     2.  The notice of intent to act upon a regulation must:

23-15     (a) Include a statement of the need for and purpose of the

23-16  proposed regulation, and either the terms or substance of the

23-17  proposed regulation or a description of the subjects and issues

23-18  involved, and of the time when, the place where[,] and the manner

23-19  in which, interested persons may present their views thereon.

23-20     (b) Include a statement identifying the entities that may be

23-21  financially affected by the proposed regulation and the potential

23-22  financial impact, if any, upon local government.

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

23-24  regulation may be inspected and copied.

23-25     (d) Be mailed to all persons who have requested in writing that

23-26  they be placed upon a mailing list, which must be kept by the

23-27  Administrator for that purpose.

23-28     3.  All interested persons must be afforded a reasonable

23-29  opportunity to submit data, views or arguments upon a proposed

23-30  regulation, orally or in writing. The Administrator shall consider

23-31  fully all oral and written submissions relating to the proposed

23-32  regulation.

23-33     4.  The Administrator shall keep, retain and make available for

23-34  public inspection written minutes and an audio recording of each

23-35  public hearing held pursuant to this section in the manner provided

23-36  in [subsections 1 and 2 of NRS 241.035.

23-37     5.  The Administrator may record each public hearing held

23-38  pursuant to this section and make those recordings available for

23-39  public inspection in the manner provided in subsection 4 of] NRS

23-40  241.035.

23-41     [6.] 5. An objection to any regulation on the ground of

23-42  noncompliance with the procedural requirements of this section may

23-43  not be made more than 2 years after its effective date.

 

 

24-1      Sec. 34.  NRS 451.370 is hereby amended to read as follows:

24-2      451.370  The Committee shall keep full and complete minutes

24-3  and an audio recording of each meeting of the Committee and a

24-4  complete record of all dead human bodies received and distributed

24-5  by it and of the persons to whom the bodies may be distributed. The

24-6  minutes , audio recordings and records must be open at all times to

24-7  the inspection of each member of the Committee and of the district

24-8  attorney of any county within the State. A report of the activities of

24-9  the Committee must be made before September 1 of each even-

24-10  numbered year covering the biennium ending June 30 of such year

24-11  to the Presidents of the University and Community College System

24-12  of Nevada and to the State Board of Health. One of the members of

24-13  the Committee from the University and Community College System

24-14  of Nevada must act as Secretary and [shall be] is responsible for

24-15  preparing and maintaining a complete file of such minutes , audio

24-16  recordings and records.

24-17     Sec. 35.  NRS 497.220 is hereby amended to read as follows:

24-18     497.220  1.  The board of adjustment shall adopt rules in

24-19  accordance with the provisions of the ordinance or resolution by

24-20  which it was created.

24-21     2.  Meetings of the board [shall] must be held at the call of the

24-22  chairman and at such other times as the board may determine.

24-23     3.  The chairman, or in his absence the acting chairman, may

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

24-25     4.  All hearings of the board [shall] must be public.

24-26     5.  The board shall:

24-27     (a) Keep minutes of its proceedings, showing the vote of each

24-28  member upon each question, or, if absent or failing to vote,

24-29  indicating such fact[.] , and audio recordings of its proceedings.

24-30     (b) Keep records of its examinations and other official actions,

24-31  all of which [shall] must immediately be filed in the office of the

24-32  board and [shall be a public record.] are public records.

24-33     Sec. 36.  NRS 513.043 is hereby amended to read as follows:

24-34     513.043  1.  The members of the Commission shall select a

24-35  Chairman from among their number who shall serve at the pleasure

24-36  of the Commission.

24-37     2.  The Administrator shall serve as Secretary of the

24-38  Commission and shall keep the minutes and audio recordings of its

24-39  proceedings.

24-40     Sec. 37.  NRS 513.053 is hereby amended to read as follows:

24-41     513.053  1.  The Commission shall meet at such times and at

24-42  such places as is specified by the call of the Chairman or a majority

24-43  of the Commission, but a meeting of the Commission must be held

24-44  at least once every 4 months. In case of emergency, special meetings

24-45  may be called by the Chairman or by the Administrator.

25-1      2.  Four members of the Commission constitute a quorum for

25-2  transacting the business of the Commission.

25-3      3.  The minutes and audio recordings of each meeting of the

25-4  Commission must be filed with the Division.

25-5      Sec. 38.  NRS 541.110 is hereby amended to read as follows:

25-6      541.110  1.  Each director before entering upon his official

25-7  duties shall take and subscribe to an oath, before a person authorized

25-8  to administer oaths, that he will support the Constitutions of the

25-9  United States and the State of Nevada and will honestly, faithfully

25-10  and impartially perform the duties of his office.

25-11     2.  Upon taking oath, the board shall choose one of their

25-12  number chairman of the board and president of the district, and shall

25-13  elect some suitable person secretary of the board and of the district,

25-14  who may or may not be a member of the board. The board shall

25-15  adopt a seal and shall keep audio recordings of all meetings and, in

25-16  a well-bound book , a record of all its proceedings, minutes of all

25-17  meetings, certificates, contracts, bonds given by employees and all

25-18  corporate acts, which , except as otherwise provided in NRS

25-19  241.035, must be open to inspection of all owners of property in the

25-20  district, as well as to all other interested persons.

25-21     3.  Each member of the board is entitled to receive as

25-22  compensation for his service such sum as may be ordered by the

25-23  board, not in excess of the sum of $80 per day and actual traveling

25-24  expenses for each day spent attending meetings of the board or

25-25  while engaged in official business under the order of the board.

25-26     Sec. 39.  NRS 543.330 is hereby amended to read as follows:

25-27     543.330  1.  The board shall meet in July of each year to

25-28  organize and choose one of its members as chairman of the board

25-29  and president of the district, and elect a secretary of the board and of

25-30  the district, who may or may not be a member of the board.

25-31     2.  The county treasurer is the treasurer of the board and of the

25-32  district.

25-33     3.  The secretary shall keep[,] audio recordings of all meetings

25-34  and, in a well-bound book, a record of all of the board’s

25-35  proceedings, minutes of all meetings, certificates, contracts, bonds

25-36  given by employees, and all corporate acts, which , except as

25-37  otherwise provided in NRS 241.035, must be open to inspection by

25-38  all owners of real property in the district as well as other interested

25-39  persons.

25-40     4.  The treasurer shall keep strict and accurate accounts of all

25-41  money received by and disbursed for and on behalf of the district[,]

25-42  in permanent records.

25-43     5.  No member of the board may receive compensation for his

25-44  services, but members may be reimbursed for their necessary

25-45  expenses in attending district meetings and for necessary expenses

26-1  incurred in traveling within and without the State when required to

26-2  carry out the affairs of the district.

26-3      Sec. 40.  NRS 561.085 is hereby amended to read as follows:

26-4      561.085  1.  The Board shall elect one of its members as

26-5  Chairman of the Board.

26-6      2.  The Director shall act as the nonvoting recording Secretary

26-7  of the Board and shall keep the minutes and audio recordings of the

26-8  proceedings of the Board.

26-9      Sec. 41.  NRS 561.095 is hereby amended to read as follows:

26-10     561.095  1.  The members of the Board may meet at such

26-11  times and at such places as may be specified by the call of the

26-12  Chairman or a majority of the Board , and a meeting of the Board

26-13  may be held regularly at least once every 3 months. In case of an

26-14  emergency, special meetings may be called by the Chairman or by

26-15  the Director.

26-16     2.  Six members of the Board constitute a quorum. A quorum

26-17  may exercise all the authority conferred on the Board.

26-18     3.  Minutes and audio recordings of each meeting, regular or

26-19  special, must be filed with the Department and , except as otherwise

26-20  provided in NRS 241.035, are public records.

26-21     Sec. 42.  NRS 563.191 is hereby amended to read as follows:

26-22     563.191  1.  The Council shall elect a Chairman from among

26-23  its members. A Chairman may only succeed himself as Chairman

26-24  twice.

26-25     2.  The Council shall elect a Secretary-Treasurer who may be

26-26  from among its members. The Secretary-Treasurer shall keep the

26-27  minutes and audio recordings of the proceedings of the Council and

26-28  prepare an annual report of the Council’s activities, receipts and

26-29  expenditures.

26-30     Sec. 43.  NRS 590.505 is hereby amended to read as follows:

26-31     590.505  1.  The Board may adopt a seal for its own use which

26-32  must have imprinted thereon the words “Board for the Regulation of

26-33  Liquefied Petroleum Gas.” The care and custody of the seal is the

26-34  responsibility of the Secretary-Treasurer of the Board.

26-35     2.  The Board may appoint an Executive Secretary and may

26-36  employ or, pursuant to NRS 284.173, contract with such other

26-37  technical, clerical or investigative personnel as it deems necessary.

26-38  The Board shall fix the compensation of the Executive Secretary

26-39  and all other employees and independent contractors. Such

26-40  compensation must be paid out of the money of the Board. The

26-41  Board may require the Executive Secretary and any other employees

26-42  and independent contractors to give a bond to the Board for the

26-43  faithful performance of their duties, the premiums on the bond being

26-44  paid out of the money of the Board.

27-1      3.  In carrying out the provisions of NRS 590.465 to 590.645,

27-2  inclusive, and holding its regular or special meetings, the Board:

27-3      (a) Shall adopt written policies setting forth procedures and

27-4  methods of operation for the Board.

27-5      (b) May adopt such regulations as it deems necessary.

27-6      4.  The Board shall submit to the Legislature and the Governor

27-7  a biennial report before September 1 of each even-numbered year,

27-8  covering the biennium ending June 30 of that year, of its

27-9  transactions during the preceding biennium, including a complete

27-10  statement of the receipts and expenditures of the Board during the

27-11  period and any complaints received by the Board.

27-12     5.  The Board shall keep accurate records , [and] minutes and

27-13  audio recordings of all meetings and , except as otherwise provided

27-14  in NRS 241.035, the records , [and] minutes and audio recordings

27-15  so kept must be open to public inspection at all reasonable times.

27-16  The Board shall also keep a record of all applications for licenses,

27-17  and licenses issued by it. The record of applications and licenses is a

27-18  public record.

27-19     Sec. 44.  NRS 630.100 is hereby amended to read as follows:

27-20     630.100  1.  The Board shall meet at least twice annually and

27-21  may meet at other times on the call of the President or a majority of

27-22  its members.

27-23     2.  Meetings of the Board must be held at a location at which:

27-24     (a) The meetings may be broadcast via the Internet or its

27-25  successor; and

27-26     (b) Members of the general public may testify via telephone or

27-27  video conference between Las Vegas and Carson City or Reno.

27-28     3.  A majority of the Board, or of any committee or panel

27-29  appointed by the Board constitutes a quorum. If there is a quorum, a

27-30  vote of the majority of the members present is all that is necessary to

27-31  transact any business before the Board or the committee or panel

27-32  appointed by the Board.

27-33     Sec. 45.  Section 3.040 of the Charter of the City of North Las

27-34  Vegas, being chapter 573, Statutes of Nevada 1971, at page 1221, is

27-35  hereby amended to read as follows:

27-36     Sec. 3.040  City Clerk: Office; duties.  The City Clerk

27-37  shall:

27-38     1.  Keep his office at the place of meeting of the City

27-39  Council or some other place convenient thereto, as the City

27-40  Council may direct.

27-41     2.  Keep the corporate seal and all papers and records of

27-42  the City and keep a record of the proceedings of, and be the

27-43  Clerk of the City Council, whose meetings it shall be his duty

27-44  to attend. Copies of all papers filed in his office, and

27-45  transcripts from all records of the City Council certified by

28-1  him, under the corporate seal, shall be evidence in all courts

28-2  to the same effect as if the original were produced.

28-3      3.  Supervise and coordinate administrative and

28-4  responsible clerical work relating to the functions of the City

28-5  Council.

28-6      4.  Attend all meetings of the City Council.

28-7      5.  Record votes of members of the City Council.

28-8      6.  Direct the transcription and keeping of minutes and

28-9  official records and the making and keeping of audio

28-10  recordings of all City Council meetings.

28-11     7.  Countersign official contracts, bonds and other

28-12  official city documents.

28-13     8.  Be the custodian of all official city records, including

28-14  contract and agreement documents, resolutions, ordinances,

28-15  official minute book and the corporate seal.

28-16     9.  Make arrangements for special or informal meetings

28-17  other than the regular meetings of the City Council.

28-18     10.  Supervise the operation and maintenance of a central

28-19  file system for all departments of the City.

28-20     11.  Supervise the recruitment of all election workers, the

28-21  printing of all ballots and tally of election returns.

28-22     12.  Serve as custodian of official election records for all

28-23  city elections.

28-24     13.  Administer official oaths for the City.

28-25     Sec. 46.  Section 9 of the Elko Convention and Visitors

28-26  Authority Act, being chapter 227, Statutes of Nevada 1975, as last

28-27  amended by chapter 466, Statutes of Nevada 1991, at page 1363, is

28-28  hereby amended to read as follows:

28-29     Sec. 9.  1.  The Board shall adopt a seal, establish a

28-30  principal place of business and adopt, and thereafter from

28-31  time to time amend, if necessary, appropriate rules and

28-32  regulations not inconsistent with this act for carrying on the

28-33  business and affairs of the Board and of the Authority. Each

28-34  member shall, upon election or acceptance of his

28-35  appointment, file with the Clerk of Elko County his oath of

28-36  office.

28-37     2.  No member may receive any compensation as an

28-38  employee of the Board or otherwise, and a member of the

28-39  Board shall not be interested in any contract or transaction

28-40  with the Board except in his official representative capacity.

28-41     3.  At the first meeting of the Board following each

28-42  general authority election, the Board shall choose one of its

28-43  members as Chairman and one of its members as Vice

28-44  Chairman, and shall appoint or hire a Secretary and a

29-1  Treasurer, who must not be members of the Board. The

29-2  Secretary and Treasurer may not be one person.

29-3      4.  The Secretary shall keep audio recordings of all

29-4  meetings of the Board and a record of all of the proceedings

29-5  of the Board, minutes of all meetings, certificates, contracts,

29-6  bonds given by employees, and all other acts of the Board.

29-7  [The] Except as otherwise provided in NRS 241.035, the

29-8  minute book , audio recordings and records are open to the

29-9  inspection of all interested persons, at all reasonable times

29-10  and places.

29-11     5.  The Treasurer shall keep, in permanent records, strict

29-12  and accurate accounts of all money received by and disbursed

29-13  for and on behalf of the Board. The Treasurer shall file with

29-14  the County Clerk, at the Authority’s expense, a corporate

29-15  fidelity bond in an amount not less than $5,000, conditioned

29-16  on the faithful performance of the duties of the Treasurer.

29-17     6.  The Board shall appoint the Elko County Treasurer

29-18  and Auditor to act as Treasurer and Auditor of the Authority.

29-19  The Treasurer and Auditor may employ such persons as are

29-20  necessary to carry out the duties of the Treasurer and Auditor

29-21  of the Authority. The Board shall determine the salary of each

29-22  person employed pursuant to this subsection. The salaries and

29-23  expenses of the employees must be paid by the Board from

29-24  the money of the Authority.

29-25     7.  The Board shall meet regularly at a time and in a

29-26  place to be designated by it. Special meetings may be held as

29-27  often as the needs of the Board require, on notice to each

29-28  Board member.

29-29     8.  The Board may require from an officer or employee

29-30  of the Authority, except a member of the Board, sufficient

29-31  security for the faithful and honest performance of his duties.

29-32  A blanket fidelity bond or blanket position bond, or other

29-33  type of bond suitable for public employees or officers, may

29-34  be furnished at the expense of the Authority for an officer or

29-35  employee of the Authority, in an amount set by the Board and

29-36  conditioned on the faithful and honest performance of his

29-37  duties.

29-38     Sec. 47.  Section 7 of the Airport Authority Act for Washoe

29-39  County, being chapter 474, Statutes of Nevada 1977, as last

29-40  amended by chapter 413, Statutes of Nevada 2001, at page 2043, is

29-41  hereby amended to read as follows:

29-42     Sec. 7.  1.  The Board shall choose one of its members

29-43  as Chairman and one of its members as Vice Chairman, and

29-44  shall elect a Secretary and a Treasurer, who may be members

29-45  of the Board. The Secretary and the Treasurer may be one

30-1  person. The terms of the officers expire on July 1 of each

30-2  year.

30-3      2.  Chairmen must be selected from trustees appointed by

30-4  the participating local governments in the following order:

30-5      (a) The City of Reno;

30-6      (b) The City of Sparks;

30-7      (c) Washoe County; and

30-8      (d) The County Fair and Recreation Board of Washoe

30-9  County.

30-10     3.  The Secretary shall keep[,] audio recordings of all

30-11  meetings of the Board and, in a well-bound book, a record of

30-12  all of the proceedings of the Board, minutes of all meetings,

30-13  certificates, contracts, bonds given by employees, and all

30-14  other acts of the Board. [The] Except as otherwise provided

30-15  in NRS 241.035, the minute book , audio recordings and

30-16  records must be open to the inspection of all interested

30-17  persons, at all reasonable times and places.

30-18     4.  The Treasurer shall keep, in permanent records, strict

30-19  and accurate accounts of all money received by and disbursed

30-20  for and on behalf of the Board and the Authority. He shall file

30-21  with the County Clerk, at Authority expense, a corporate

30-22  fidelity bond in an amount not less than $25,000, conditioned

30-23  for the faithful performance of his duties.

30-24     Sec. 48.  Section 7 of the Airport Authority Act for Battle

30-25  Mountain, being chapter 458, Statutes of Nevada 1983, at page

30-26  1210, is hereby amended to read as follows:

30-27     Sec. 7.  1.  The Board shall elect a Chairman, Vice

30-28  Chairman, Secretary and Treasurer, who must be members of

30-29  the Board. The Secretary and the Treasurer may be one

30-30  person. The terms of the officers expire on the date their

30-31  successors are elected and qualified in the general election.

30-32     2.  The Secretary shall keep[,] audio recordings of all

30-33  meetings of the Board and, in a well-bound book, a record of

30-34  all of the proceedings of the Board, minutes of all meetings,

30-35  certificates, contracts, bonds given by employees, and all

30-36  other acts of the Board. [The] Except as otherwise provided

30-37  in NRS 241.035, the minute book , audio recordings and

30-38  records must be open to the inspection of all interested

30-39  persons, at all reasonable times and places.

30-40     3.  The Treasurer shall keep, in permanent records, strict

30-41  and accurate accounts of all money received by and disbursed

30-42  for and on behalf of the Board and the Authority. He shall file

30-43  with the County Clerk, at Authority expense, a corporate

30-44  fidelity bond in an amount not less than $25,000, conditioned

30-45  for the faithful performance of his duties.

31-1      Sec. 49.  Section 6 of the Airport Authority Act for Carson

31-2  City, being chapter 844, Statutes of Nevada 1989, at page 2026, is

31-3  hereby amended to read as follows:

31-4      Sec. 6.  1.  The Board shall elect a Chairman, Vice

31-5  Chairman, Secretary and Treasurer from its members. The

31-6  Secretary and the Treasurer may be one person. The terms of

31-7  the officers expire on July 1 of each odd-numbered year.

31-8      2.  The Secretary shall keep audio recordings of all

31-9  meetings of the Board and a record of all of the proceedings

31-10  of the Board, minutes of all meetings, certificates, contracts,

31-11  bonds given by employees, and all other acts of the Board.

31-12  [The] Except as otherwise provided in NRS 241.035, the

31-13  records must be open to the inspection of all interested

31-14  persons, at a reasonable time and place.

31-15     3.  The Treasurer shall keep an accurate account of all

31-16  money received by and disbursed on behalf of the Board and

31-17  the Authority. He shall file with the Clerk of Carson City, at

31-18  the expense of the Authority, a fidelity bond in an amount not

31-19  less than $10,000, conditioned for the faithful performance of

31-20  his duties.

31-21     Sec. 50.  Section 4 of the Nevada Commission for the

31-22  Reconstruction of the V & T Railway Act, being chapter 566,

31-23  Statutes of Nevada 1993, as amended by chapter 42, Statutes of

31-24  Nevada 2001, at page 401, is hereby amended to read as follows:

31-25     Sec. 4.  1.  Each Commissioner appointed pursuant to

31-26  paragraph (b), (c), (d) or (e) of subsection 1 of section 3 of

31-27  this act shall file his oath of office with the clerk of the

31-28  county from which he was appointed, and all other

31-29  Commissioners shall file their oaths of office with the Clerk

31-30  of Carson City.

31-31     2.  The Commissioners must serve without

31-32  compensation, but a Commissioner may be reimbursed for

31-33  expenses actually incurred by him for travel authorized by the

31-34  Commission.

31-35     3.  The Commission shall elect a Chairman, Vice

31-36  Chairman, Secretary and Treasurer from among its members.

31-37  The Secretary and the Treasurer may be one person. The

31-38  terms of the officers expire on July 1 of each odd-numbered

31-39  year.

31-40     4.  The Secretary shall maintain audio recordings of all

31-41  meetings of the Commission and a record of all of the

31-42  proceedings of the Commission, minutes of all meetings,

31-43  certificates, contracts and other acts of the Commission. [The]

31-44  Except as otherwise provided in NRS 241.035, the records

32-1  must be open to the inspection of all interested persons at a

32-2  reasonable time and place.

32-3      5.  The Treasurer shall keep an accurate account of all

32-4  money received by and disbursed on behalf of the

32-5  Commission. He shall file with the Clerk of Carson City, at

32-6  the expense of the Commission, a fidelity bond in an amount

32-7  not less than $10,000, conditioned for the faithful

32-8  performance of his duties.

32-9      Sec. 51.  Section 5 of the Nevada Commission for the

32-10  Reconstruction of the V & T Railway Act, being chapter 566,

32-11  Statutes of Nevada 1993, at page 2327, is hereby amended to read as

32-12  follows:

32-13     Sec. 5.  1.  The Commission shall meet upon the call of

32-14  the Chairman or a majority of the Commissioners.

32-15     2.  A majority of the Commissioners constitutes a

32-16  quorum at any meeting.

32-17     3.  The governing bodies shall each make available an

32-18  appropriate meeting room and provide adequate clerical staff

32-19  and equipment to provide adequate notice of the meeting and

32-20  to produce minutes and audio recordings of the meeting and

32-21  any other assistance necessary to allow the Commission to

32-22  comply with the provisions of chapter 241 of NRS.

32-23     4.  The Commission shall alternate the location of its

32-24  meetings among the facilities provided pursuant to

32-25  subsection 3.

32-26     5.  A Commissioner is not personally liable for any

32-27  actions taken or omitted in good faith in the performance of

32-28  his duties pursuant to the provisions of this act.

 

32-29  H