(REPRINTED WITH ADOPTED AMENDMENTS)

 

Assembly Bill No. 440–Assemblywoman Von Tobel

 

March 19, 2001

____________

 

Referred to Committee on Government Affairs

 

SUMMARY—Revises provisions governing qualifications and election of members of governing board of Moapa Valley Water District. (BDR S‑334)

 

FISCAL NOTE:                     Effect on Local Government: No.

                                    Effect on the State: No.

 

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

 

AN ACT relating to the Moapa Valley Water District; revising the provisions governing the qualifications and election of members of the governing board of the district; 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. Section 5 of chapter 477, Statutes of Nevada 1983, as last

1-2  amended by chapter 175, Statutes of Nevada 1999, at page 886, is hereby

1-3  amended to read as follows:

1-4  Sec. 5. 1.  The members of the board must be elected at a

1-5  general district election held in conjunction with the general election

1-6  of Clark County. The office of a member of the board is

1-7  nonpartisan. Except as otherwise provided in section 6 of this

1-8  chapter, each member of the board shall serve a term of 4 years.

1-9  2.  Except as otherwise provided in subsection 4, the election areas

1-10  for the district must be the election precincts of Moapa-Glendale,

1-11  Logandale and Overton.

1-12  3.  At the general district election next preceding the expiration of

1-13  the terms of office of members of the board, there must be elected

1-14  respective members of the board representing the election areas of the

1-15  district.

1-16  4.  The board shall adjust the number of representatives or election

1-17  areas, or both, of the district whenever necessary to ensure, as nearly

1-18  as practicable, equal representation upon the board for all registered

1-19  voters residing within the service area.

 

 

 

 

2-1    Sec. 2.  Section 6 of chapter 477, Statutes of Nevada 1983, as amended

2-2  by chapter 175, Statutes of Nevada 1999, at page 887, is hereby amended

2-3  to read as follows:

2-4  Sec. 6.  1.  Each member of the board must:

2-5  (a) [Reside] Actually, as opposed to constructively, reside in the

2-6  election area represented for at least [6 months before the election at

2-7  which the member is elected;] 30 days immediately preceding the

2-8  date of the close of filing of declarations of candidacy as set forth in

2-9  section 7 of this chapter;

2-10  (b) Be a qualified elector of the election area represented; and

2-11  (c) Take office upon qualification therefor as provided in

2-12  subsection 2, or on the first Monday in January next following the

2-13  member’s election, whichever is later, and leave office upon the first

2-14  Monday in January next following the election of the member’s

2-15  successor in office.

2-16  2.  Before taking office, each member of the board must qualify

2-17  by filing with the clerk of Clark County:

2-18  (a) An oath of office taken and subscribed in the manner

2-19  prescribed by the clerk; and

2-20  (b) A corporate surety bond, at the expense of the district, in an

2-21  amount determined by the clerk, but no greater than $10,000, which

2-22  bond must guarantee the faithful performance of the duties of the

2-23  member.

2-24  3.  A vacancy on the board must be filled by an appointment made

2-25  by the remaining members of the board. The person so appointed

2-26  must be , for the 30 days immediately preceding the date of

2-27  appointment, a resident and elector of the election area represented,

2-28  and, before taking office, qualify in the manner prescribed in

2-29  subsection 2. The person shall serve until the first Monday in January

2-30  following the next general district election. If that general district

2-31  election precedes the expiration of the term of the member whose

2-32  absence required the appointment, the balance of that term must be

2-33  filled at that general district election in the same manner as prescribed

2-34  for the election of other members of the board. If the board fails,

2-35  neglects or refuses to fill a vacancy within 30 days after a vacancy

2-36  occurs, the board of county commissioners of Clark County shall fill

2-37  the vacancy.

2-38    Sec. 3.  Section 7 of chapter 477, Statutes of Nevada 1983, as amended

2-39  by chapter 608, Statutes of Nevada 1987, at page 1458, is hereby amended

2-40  to read as follows:

2-41  Sec. 7. 1.  Unless otherwise required for purposes of an election

2-42  to incur an indebtedness, the registrar of voters of Clark County shall

2-43  conduct, supervise and, by ordinance, regulate all district elections in

2-44  accordance, as nearly as practicable, with the general election laws of

2-45  the state , including , but not limited to , laws relating to the time of

2-46  opening and closing of polls, the manner of conducting the election,

2-47  the canvassing, announcement and certification of results , and the

2-48  preparation and disposition of ballots.

3-1  2.  [At least 60 days before the election, a] A candidate for

3-2  election to the board shall file a declaration of candidacy with the

3-3  registrar of voters of Clark County. The declaration of candidacy

3-4  must be filed not earlier than the first Monday in May of the year in

3-5  which the election is to be held and not later than 5 p.m. on the third

3-6  Monday in May of that year. Timely filing of such a declaration is a

3-7  prerequisite to election.

3-8  3.  Each member of the board must be elected by a plurality of the

3-9  registered voters voting in the election area which the member

3-10  represents. If there are two seats upon the board to be filled at the

3-11  same election, each of which represents the same election area, the

3-12  two candidates therefor receiving the highest number of votes,

3-13  respectively, are elected.

3-14  4.  If a member of the board is unopposed in seeking reelection,

3-15  the board may declare that member elected without a formal election,

3-16  but that member must not participate in the declaration.

3-17  5.  If no person files candidacy for election to a particular seat

3-18  upon the board, the seat must be filled in the manner of filling a

3-19  vacancy.

3-20    Sec. 4.  This act becomes effective on July 1, 2001.

 

3-21  H