Senate Bill No. 436–Senator Porter

March 15, 1999

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Referred to Committee on Government Affairs

 

SUMMARY—Makes various changes relating to regional planning. (BDR 30-1588)

FISCAL NOTE: Effect on Local Government: Yes.

Effect on the State or on Industrial Insurance: No.

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EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted. Green numbers along left margin indicate location on the printed bill (e.g., 5-15 indicates page 5, line 15).

 

AN ACT relating to regional planning; revising the composition of the debt management commission in certain counties; providing for the creation of the Southern Nevada Regional Planning Coalition; establishing a governing board; prescribing the powers and duties of the board; establishing a technical committee; 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. NRS 350.002 is hereby amended to read as follows:

1-2 350.002 1. There is hereby created in each county whose

1-3 population is 400,000 or more, a debt management commission, to be

1-4 composed of:

1-5 (a) Three representatives of the board of county commissioners from

1-6 its membership;

1-7 (b) One representative of each governing body of the five largest

1-8 incorporated cities in the county from its membership;

1-9 (c) One representative of the board of trustees of the county school

1-10 district from its membership; and

1-11 (d) Two representatives of the public at large.

1-12 2. There is hereby created in each county whose population is less

1-13 than 400,000, a debt management commission, to be composed of one

1-14 representative of the county, one representative of the school district and

1-15 the following additional representatives:

1-16 (a) In each such county which contains more than one incorporated city:

1-17 (1) One representative of the city in which the county seat is located;

1-18 (2) One representative of the other incorporated cities jointly; and

2-1 (3) One representative of the public at large.

2-2 (b) In each such county which contains one incorporated city:

2-3 (1) One representative of the incorporated city; and

2-4 (2) Two representatives of the public at large.

2-5 (c) In each such county which contains no incorporated city, one

2-6 representative of the public at large.

2-7 (d) In each such county which contains one or more general

2-8 improvement districts, one representative of the district or districts jointly

2-9 and one additional representative of the public at large.

2-10 [2.] 3. In Carson City, there is hereby created a debt management

2-11 commission, to be composed of one representative of the board of

2-12 supervisors, one representative of the school district and three

2-13 representatives of the public at large. The representative of the board of

2-14 supervisors and the representative of the school district shall select the

2-15 representatives of the public at large, and for that purpose only, constitute a

2-16 quorum of the debt management commission. Members of the commission

2-17 serve for a term of 2 years beginning on January 1, or until their successors

2-18 are chosen.

2-19 [3. Each]

2-20 4. Except as otherwise provided in subsection 1, each representative

2-21 of a single local government must be chosen by its governing body. Each

2-22 representative of two or more local governments must be chosen by their

2-23 governing bodies jointly, each governing body having one vote. Each

2-24 representative of the general improvement districts must be chosen by their

2-25 governing bodies jointly, each governing body having one vote. Each

2-26 representative of the public at large must be chosen by the other members

2-27 of the commission from residents of the county, or Carson City, as the case

2-28 may be, who have a knowledge of its financial structure. A tie vote must be

2-29 resolved by lot.

2-30 [4. Members]

2-31 5. Except as otherwise provided in this subsection, members of the

2-32 commission or their successors must be chosen in January of each odd-

2-33 numbered year and hold office for a term of 2 years beginning January 1 . [,

2-34 except the] The representatives of incorporated cities [, who] must be

2-35 chosen after elections are held in the cities , but before the annual meeting

2-36 of the commission in July.

2-37 [5.] The term of a representative who serves pursuant to paragraph

2-38 (a), (b) or (c) of subsection 1 is coterminous with the term of his elected

2-39 office, unless the public entity that appointed him revokes his

2-40 appointment.

2-41 6. Any vacancy must be filled in the same manner as the original

2-42 choice was made for the remainder of the unexpired term.

3-1 Sec. 2. NRS 350.003 is hereby amended to read as follows:

3-2 350.003 1. The commission shall meet during the month of February

3-3 of each year, to organize by selecting a chairman and vice chairman. In a

3-4 county whose population is 400,000 or more, the chairman must be one

3-5 of the representatives of the board of county commissioners. The county

3-6 clerk is ex officio the secretary of the commission.

3-7 2. In addition to the organizational meeting, each commission shall

3-8 meet annually in July of each year and at the call of the chairman whenever

3-9 business is presented, as provided in NRS 350.004 and 350.005.

3-10 3. In conjunction with the meetings required by subsections 1 and 2,

3-11 the commission in a county whose population:

3-12 (a) Is 100,000 or more but less than 400,000, shall meet each calendar

3-13 quarter.

3-14 (b) Is 400,000 or more, shall meet each month.

3-15 The meetings required by this subsection must be scheduled at each annual

3-16 meeting in July.

3-17 4. Except as otherwise provided in subsection [2] 3 of NRS 350.002, a

3-18 majority of the members constitutes a quorum for all purposes.

3-19 Sec. 3. As used in sections 4 to 16, inclusive, of this act, unless the

3-20 context otherwise requires, the words and terms defined in sections 4, 5 and

3-21 6 of this act have the meanings ascribed to them in those sections.

3-22 Sec. 4. "Board" means the governing body of the Southern Nevada

3-23 Regional Planning Coalition.

3-24 Sec. 5. "Coalition" means the Southern Nevada Regional Planning

3-25 Coalition created pursuant to section 7 of this act.

3-26 Sec. 6. "Committee" means the technical committee to the coalition

3-27 created pursuant to section 14 of this act.

3-28 Sec. 7. The Southern Nevada Regional Planning Coalition is hereby

3-29 created, consisting of Clark County, the City of Las Vegas, the City of

3-30 North Las Vegas, the City of Henderson, Boulder City and the Clark

3-31 County School District.

3-32 Sec. 8. 1. The coalition must be governed by a board consisting of

3-33 10 members.

3-34 2. The members of the board must be appointed as follows:

3-35 (a) Two members appointed by the Board of County Commissioners of

3-36 Clark County from its membership, one of whom is a member of the debt

3-37 management commission established pursuant to subsection 1 of NRS

3-38 350.002;

3-39 (b) Two members appointed by the City Council of the City of Las

3-40 Vegas from its membership, one of whom is a member of the debt

3-41 management commission established pursuant to subsection 1 of NRS

3-42 350.002;

4-1 (c) Two members appointed by the City Council of the City of North

4-2 Las Vegas from its membership, one of whom is a member of the debt

4-3 management commission established pursuant to subsection 1 of NRS

4-4 350.002;

4-5 (d) Two members appointed by the City Council of the City of

4-6 Henderson from its membership, one of whom is a member of the debt

4-7 management commission established pursuant to subsection 1 of NRS

4-8 350.002;

4-9 (e) One member appointed by the City Council of Boulder City from its

4-10 membership who is a member of the debt management commission

4-11 established pursuant to subsection 1 of NRS 350.002; and

4-12 (f) One member appointed by the Board of Trustees of the Clark County

4-13 School District from its membership who is a member of the debt

4-14 management commission established pursuant to subsection 1 of NRS

4-15 350.002.

4-16 3. The term of each member of the board is coterminous with his term

4-17 of elected office unless the public entity that appointed him revokes his

4-18 appointment to the board.

4-19 4. If a member fails to attend three consecutive meetings or fails to

4-20 attend five meetings during a calendar year, his appointment is

4-21 automatically revoked.

4-22 5. If a member is unable to serve for the duration of his term or has his

4-23 membership revoked, his position becomes vacant. A vacancy on the board

4-24 must be filled by the authority which was entitled to appoint the member

4-25 whose position is vacant. A vacancy must be filled within 45 days after the

4-26 departure of the member. The term of a member appointed by the board to

4-27 fill a vacancy is the remainder of the term of the member whose position is

4-28 vacant.

4-29 Sec. 9. 1. The board shall meet each month at a time and place

4-30 designated by the chairman of the board. The board may hold special

4-31 meetings as often as the needs of the board require, upon notice to each

4-32 member of the board.

4-33 2. The board must provide notice of a meeting in the manner

4-34 prescribed by NRS 241.020.

4-35 3. Except as otherwise provided in subsection 4:

4-36 (a) A majority of the members of the board constitutes a quorum; and

4-37 (b) All actions must be adopted by at least a majority of the members

4-38 present and constituting the quorum at such a meeting.

4-39 4. The affirmative vote of at least two-thirds of the members of the

4-40 board is necessary to pass an action relating to:

4-41 (a) A budgetary matter or a matter which involves an expenditure of

4-42 public money; or

5-1 (b) A contract or other instrument that creates a binding legal obligation

5-2 on a public entity.

5-3 Sec. 10. 1. The board shall elect a chairman and vice chairman from

5-4 its membership at the first meeting of each calendar year.

5-5 2. The term of the initial chairman and vice chairman expires on the

5-6 date on which the first meeting is held in the year 2000.

5-7 Sec. 11. The board shall:

5-8 1. Adopt rules or bylaws that govern its management and affairs.

5-9 2. Prepare and adopt an annual budget.

5-10 Sec. 12. The board may employ such professional, technical and

5-11 support staff as it deems necessary and shall prescribe specific duties for

5-12 such staff.

5-13 Sec. 13. The board shall:

5-14 1. Consult with and request recommendations from a regional

5-15 organization, governmental agency or other public entity that may be

5-16 affected by a decision of the board; and

5-17 2. Take all other actions necessary to carry out the provisions of this

5-18 act.

5-19 Sec. 14. 1. The technical committee to the coalition consisting of the

5-20 County Manager of Clark County, the Superintendent of the Clark County

5-21 School District, and the city managers of the City of Las Vegas, the City of

5-22 Henderson, the City of North Las Vegas and Boulder City, or an appointee

5-23 of such an entity who is an employee of the entity, is hereby created to

5-24 provide assistance to the coalition.

5-25 2. In performing its duties, the committee may request the participation

5-26 of representatives of regional agencies, including, without limitation, the

5-27 Regional Transportation Commission, the Clark County School District,

5-28 the Regional Flood Control District, the Clark County District Board of

5-29 Health, the Southern Nevada Water Authority and public utilities.

5-30 3.  The committee shall elect a chairman and vice chairman from its

5-31 membership.

5-32 4. The committee shall meet as often as is necessary to provide

5-33 assistance to the board. The chairman shall determine the time and place of

5-34 the meetings of the committee and the method of providing notice of

5-35 meetings.

5-36 5. The committee shall perform such duties as the board may require.

5-37 Sec. 15. The board may:

5-38 1. Develop policies for Clark County which may include, without

5-39 limitation, policies for:

5-40 (a) The promotion of orderly development, coordinated land use

5-41 planning and the efficient provision of services to urban areas, including,

5-42 without limitation, roads, water and sewer service, police and fire

5-43 protection, mass transportation, libraries and parks;

6-1 (b) Protection of the environment;

6-2 (c) Recreational programs, including, without limitation, programs for

6-3 regional trails and open space;

6-4 (d) Economic development and employment; and

6-5 (e) Affordable housing.

6-6 2. Carry out and manage the strategic plan and recommendations for

6-7 financing infrastructure adopted by the Southern Nevada Strategic Planning

6-8 Authority, or its successor.

6-9 3. Compile and coordinate a regional and local data base for Clark

6-10 County, including, without limitation, a comprehensive regional master

6-11 plan with land use designations and a geographic information system.

6-12 4. Establish standard projections for population.

6-13 5. Recommend methods for increasing the efficiency of and reducing

6-14 the cost of furnishing governmental services.

6-15 6. Make recommendations for the disposal of federal land.

6-16 7. Establish methods for resolving disputes relating to annexation,

6-17 future land use, zoning and development that arise between jurisdictions,

6-18 including, without limitation, identification of the spheres of influence of

6-19 the jurisdictions. As used in this subsection, "sphere of influence" means an

6-20 area into which a jurisdiction plans to expand.

6-21 8. Establish a program of incentives to encourage regional strategic

6-22 planning for economic development, including, without limitation, joint

6-23 activities relating to the creation of jobs, agreements for revenue sharing,

6-24 education, transportation, law enforcement, water and sewer services, and

6-25 parks and recreation.

6-26 9. Develop a regional park plan in coordination with the Clark County

6-27 Regional Flood Control District, organized pursuant to NRS 543.240.

6-28 10. Consider any issues of regional significance as determined

6-29 appropriate by the board.

6-30 11. Review:

6-31 (a) Master plans adopted by the governing body of the county and each

6-32 city in the county;

6-33 (b) The annual plan for capital improvements prepared by the governing

6-34 body of each local government in the county pursuant to NRS 278.0226;

6-35 and

6-36 (c) Plans for capital improvements, facilities plans or other similar plans

6-37 adopted by:

6-38 (1) The Regional Transportation Commission of Clark County;

6-39 (2) The Southern Nevada Water Authority, created on July 25, 1991,

6-40 by a cooperative agreement entered into on that date pursuant to the

6-41 provisions of NRS 277.080 to 277.180, inclusive;

6-42 (3) The Board of Trustees of the Clark County School District;

6-43 (4) The Clark County District Board of Health; and

7-1 (5) The Board of Directors of the Clark County Regional Flood

7-2 Control District, organized pursuant to NRS 543.240.

7-3 Sec. 16. 1. The board shall establish:

7-4 (a) A subcommittee to address issues relating to the disposal of federal

7-5 land and report its activities to the board. The subcommittee must consist

7-6 of:

7-7 (1) The members of the board who are members of the Board of

7-8 County Commissioners of Clark County;

7-9 (2) The Mayors of the City of Henderson, the City of Las Vegas and

7-10 the City of North Las Vegas; and

7-11 (3) A representative of the Federal Bureau of Land Management and

7-12 a member selected by the United States Air Force, who are nonvoting

7-13 members.

7-14 (b) A subcommittee to carry out the duties of the Clark County

7-15 Clearinghouse Council, created on July 6, 1993, by a cooperative

7-16 agreement entered into on that date pursuant to the provisions of NRS

7-17 277.080 to 277.180, inclusive, and to report its activities to the board. The

7-18 subcommittee must be composed of six members as follows:

7-19 (1) One member appointed by the Board of County Commissioners of

7-20 Clark County from its membership;

7-21 (2) One member appointed by the City Council of the City of Las

7-22 Vegas from its membership;

7-23 (3) One member appointed by the City Council of the City of North

7-24 Las Vegas from its membership;

7-25 (4) One member appointed by the City Council of the City of

7-26 Henderson from its membership;

7-27 (5) One member appointed by the City Council of Boulder City from

7-28 its membership; and

7-29 (6) One member appointed by the City Council of the City of

7-30 Mesquite from its membership.

7-31 2. The board may form other subcommittees as it deems appropriate.

7-32 3. The board may appoint additional members of the subcommittees

7-33 formed pursuant to subsection 1 as the board deems appropriate.

7-34 Sec. 17. 1. This section and sections 3 through 16 of this act become

7-35 effective on July 1, 1999.

7-36 2. Sections 1 and 2 of this act become effective on January 1, 2000.

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