(REPRINTED WITH ADOPTED AMENDMENTS)
FIRST REPRINT S.B. 329
Senate Bill No. 329–Senator Care
March 13, 2001
____________
Joint Sponsor: Assemblyman Parks
____________
Referred to Committee on Government Affairs
SUMMARY—Prohibits certain public bodies from taking action by vote without affirmative vote of majority of entire public body. (BDR 19‑640)
FISCAL NOTE: Effect on Local Government: No.
~
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 public bodies; prohibiting certain public bodies from taking action by vote without the affirmative vote of a majority of the members of the public body; 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 thereto a
1-2 new section to read as follows:
1-3 A public body that is required to be composed of elected officials only
1-4 may not take action by vote unless at least a majority of all the members
1-5 of the public body vote in favor of the action. For purposes of this
1-6 section, a public body may not count an abstention as a vote in favor of
1-7 an action.
1-8 Sec. 2. NRS 241.015 is hereby amended to read as follows:
1-9 241.015 As used in this chapter, unless the context otherwise requires:
1-10 1. “Action” means:
1-11 (a) A decision made by a majority of the members present during a
1-12 meeting of a public body;
1-13 (b) A commitment or promise made by a majority of the members
1-14 present during a meeting of a public body; [or
1-15 (c) A]
1-16 (c) If a public body may have a member who is not an elected
1-17 official, an affirmative vote taken by a majority of the members present
1-18 during a meeting of [a] the public body[.] ; or
2-1 (d) If all the members of a public body must be elected officials, an
2-2 affirmative vote taken by a majority of all the members of the public
2-3 body.
2-4 2. “Meeting” means the gathering of members of a public body at
2-5 which a quorum is present to deliberate toward a decision or to take action
2-6 on any matter over which the public body has supervision, control,
2-7 jurisdiction or advisory power.
2-8 3. Except as otherwise provided in this subsection, “public body”
2-9 means any administrative, advisory, executive or legislative body of the
2-10 state or a local government which expends or disburses or is supported in
2-11 whole or in part by tax revenue or which advises or makes
2-12 recommendations to any entity which expends or disburses or is supported
2-13 in whole or in part by tax revenue, including, but not limited to, any board,
2-14 commission, committee, subcommittee or other subsidiary thereof and
2-15 includes an educational foundation as defined in subsection 3 of NRS
2-16 388.750 and a university foundation as defined in subsection 3 of NRS
2-17 396.405. “Public body” does not include the legislature of the State of
2-18 Nevada.
2-19 4. “Quorum” means a simple majority of the constituent membership
2-20 of a public body or another proportion established by law.
2-21 Sec. 3. NRS 244.060 is hereby amended to read as follows:
2-22 244.060 1. [A] Except as otherwise provided in section 1 of this act,
2-23 a majority of the board [shall form] constitutes a quorum for the
2-24 transaction of business.
2-25 2. When a majority only of the members [shall be] is present at [the] a
2-26 meeting of the board, in case of a tie vote on any question, [it shall] the
2-27 vote must be postponed to a subsequent meeting.
2-28 Sec. 4. NRS 244.345 is hereby amended to read as follows:
2-29 244.345 1. Every natural person wishing to be employed as an
2-30 entertainer for an entertainment by referral service and every natural
2-31 person, firm, association of persons or corporation wishing to engage in the
2-32 business of conducting a dancing hall, escort service, entertainment by
2-33 referral service or gambling game or device permitted by law, outside of an
2-34 incorporated city, must:
2-35 (a) Make application to the license board of the county in which the
2-36 employment or business is to be engaged in, for a county license of the
2-37 kind desired. The application must be in a form prescribed by the
2-38 regulations of the license board.
2-39 (b) File the application with the required license fee with the county
2-40 license collector, as provided in chapter 364 of NRS, who shall present the
2-41 application to the license board at its next regular meeting.
2-42 The board, in counties whose population is less than 400,000, may refer the
2-43 petition to the sheriff, who shall report upon it at the following regular
2-44 meeting of the board. In counties whose population is 400,000 or more, the
2-45 board shall refer the petition to the metropolitan police department. The
2-46 department shall conduct an investigation relating to the petition and report
2-47 its findings to the board at the next regular meeting of the board. The board
2-48 shall at that meeting grant or refuse the license prayed for or enter any
2-49 other order consistent with its regulations. Except in the case of an
3-1 application for a license to conduct a gambling game or device, the county
3-2 license collector may grant a temporary permit to an applicant, valid only
3-3 until the next regular meeting of the board. In unincorporated towns and
3-4 cities governed pursuant to the provisions of chapter 269 of NRS, the
3-5 license board has the exclusive power to license and regulate the
3-6 employment and businesses mentioned in this subsection.
3-7 2. The board of county commissioners, and in a county whose
3-8 population is less than 400,000, the sheriff of that county constitute the
3-9 license board, and the county clerk or other person designated by the
3-10 license board is the clerk thereof, in the respective counties of this state.
3-11 3. The license board may, without further compensation to the board
3-12 or its clerk:
3-13 (a) Fix, impose and collect license fees upon the employment and
3-14 businesses mentioned in this section.
3-15 (b) Grant or deny applications for licenses and impose conditions,
3-16 limitations and restrictions upon the licensee.
3-17 (c) Adopt, amend and repeal regulations relating to licenses and
3-18 licensees.
3-19 (d) Restrict, revoke or suspend licenses for cause after hearing. In an
3-20 emergency , the board may issue an order for immediate suspension or
3-21 limitation of a license, but the order must state the reason for suspension or
3-22 limitation and afford the licensee a hearing.
3-23 4. The license board shall hold a hearing before adopting proposed
3-24 regulations, before adopting amendments to regulations, and before
3-25 repealing regulations relating to the control or the licensing of the
3-26 employment or businesses mentioned in this section. Notice of the hearing
3-27 must be published in a newspaper published and having general circulation
3-28 in the county at least once a week for 2 weeks before the hearing.
3-29 5. Upon adoption of new regulations , the board shall designate their
3-30 effective date, which may not be earlier than 15 days after their adoption.
3-31 Immediately after adoption , a copy of any new regulations must be
3-32 available for public inspection during regular business hours at the office
3-33 of the county clerk.
3-34 6. [A majority vote of the members of the license board present
3-35 governs in the transaction of all business. A] Except as otherwise provided
3-36 in section 1 of this act, a majority of the members constitutes a quorum for
3-37 the transaction of business.
3-38 7. Any natural person, firm, association of persons or corporation who
3-39 engages in the employment of any of the businesses mentioned in this
3-40 section without first having obtained the license and paid the license fee as
3-41 provided in this section is guilty of a misdemeanor.
3-42 8. In a county whose population is 400,000 or more, the license board
3-43 shall not grant any license to a petitioner for the purpose of operating a
3-44 house of ill fame or repute or any other business employing any person for
3-45 the purpose of prostitution.
3-46 9. As used in this section:
3-47 (a) “Entertainer for an entertainment by referral service” means a
3-48 natural person who is sent or referred for a fee to a hotel or motel room,
3-49 home or other accommodation by an entertainment by referral service for
4-1 the purpose of entertaining the person located in the hotel or motel room,
4-2 home or other accommodation.
4-3 (b) “Entertainment by referral service” means a person or group of
4-4 persons who send or refer another person to a hotel or motel room, home or
4-5 other accommodation for a fee in response to a telephone or other request
4-6 for the purpose of entertaining the person located in the hotel or motel
4-7 room, home or other accommodation.
4-8 Sec. 5. NRS 266.235 is hereby amended to read as follows:
4-9 266.235 [A] Except as otherwise provided in section 1 of this act, a
4-10 majority of all members of the council shall constitute a quorum to do
4-11 business, but a less number may meet and adjourn from time to time and
4-12 may compel the attendance of absentees under such penalties as may be
4-13 prescribed by ordinance.
4-14 Sec. 6. NRS 266.250 is hereby amended to read as follows:
4-15 266.250 1. The council’s deliberations, sessions and proceedings
4-16 must be public.
4-17 2. The council shall keep a journal of its own proceedings. The yeas
4-18 and nays [shall] must be taken upon the passage of all ordinances, and all
4-19 propositions to create any liability against the city, or to grant, deny,
4-20 increase, decrease, abolish[,] or revoke licenses, and in all other cases at
4-21 the request of any member or of the mayor, which yeas and nays [shall]
4-22 must be entered upon the journal of its proceedings.
4-23 3. The [concurrence] affirmative vote of a majority of all the members
4-24 elected to the city council [shall be] is necessary to pass any such
4-25 ordinance or proposition.
4-26 Sec. 7. NRS 269.025 is hereby amended to read as follows:
4-27 269.025 1. The town board or board of county commissioners of any
4-28 county in this state having jurisdiction of the affairs of any town or city, as
4-29 in this chapter provided, shall hold a regular meeting in the town offices or
4-30 in the courthouse at the county seat at least once in each month, on a day
4-31 previously fixed by the board, for the purpose of transacting the business
4-32 provided for in this chapter, and shall continue in session from day to day
4-33 until such business is completed.
4-34 2. The town board or board of county commissioners may also hold
4-35 special meetings upon a call of the chairman of the board, or a majority of
4-36 the members thereof.
4-37 3. A majority of the town board or board of county commissioners
4-38 [shall be necessary to constitute] constitutes a quorum . [, and a] An
4-39 affirmative vote of the majority of the whole board [shall be] is necessary
4-40 to carry any question.
4-41 Sec. 8. NRS 278.349 is hereby amended to read as follows:
4-42 278.349 1. Except as otherwise provided in subsection 2, the
4-43 governing body, if it has not authorized the planning commission to take
4-44 final action, shall, by an affirmative vote of a majority [vote] of all the
4-45 members , [present,] approve, conditionally approve[,] or disapprove a
4-46 tentative map filed pursuant to NRS 278.330:
4-47 (a) In a county whose population is 40,000 or more, within 45 days; or
5-1 (b) In a county whose population is less than 40,000, within 60
5-2 days,
5-3 after receipt of the planning commission’s recommendations.
5-4 2. If there is no planning commission, the governing body shall
5-5 approve, conditionally approve or disapprove a tentative map:
5-6 (a) In a county whose population is 40,000 or more, within 45 days; or
5-7 (b) In a county whose population is less than 40,000, within 60
5-8 days,
5-9 after the map is filed with the clerk of the governing body.
5-10 3. The governing body, or planning commission if it is authorized to
5-11 take final action on a tentative map, shall consider:
5-12 (a) Environmental and health laws and regulations concerning water
5-13 and air pollution, the disposal of solid waste, facilities to supply water,
5-14 community or public sewage disposal and, where applicable, individual
5-15 systems for sewage disposal;
5-16 (b) The availability of water which meets applicable health standards
5-17 and is sufficient in quantity for the reasonably foreseeable needs of the
5-18 subdivision;
5-19 (c) The availability and accessibility of utilities;
5-20 (d) The availability and accessibility of public services such as schools,
5-21 police protection, transportation, recreation and parks;
5-22 (e) Conformity with the zoning ordinances and master plan, except that
5-23 if any existing zoning ordinance is inconsistent with the master plan, the
5-24 zoning ordinance takes precedence;
5-25 (f) General conformity with the governing body’s master plan of streets
5-26 and highways;
5-27 (g) The effect of the proposed subdivision on existing public streets and
5-28 the need for new streets or highways to serve the subdivision;
5-29 (h) Physical characteristics of the land such as flood plain, slope and
5-30 soil;
5-31 (i) The recommendations and comments of those entities reviewing the
5-32 tentative map pursuant to NRS 278.330 to 278.348, inclusive; and
5-33 (j) The availability and accessibility of fire protection, including, but not
5-34 limited to, the availability and accessibility of water and services for the
5-35 prevention and containment of fires, including fires in wild lands.
5-36 4. The governing body or planning commission shall, by an
5-37 affirmative vote of a majority [vote] of all the members , [present,] make a
5-38 final disposition of the tentative map. Any disapproval or conditional
5-39 approval must include a statement of the reason for that action.
5-40 Sec. 9. NRS 309.120 is hereby amended to read as follows:
5-41 309.120 1. The officers of such district shall consist of three, five or
5-42 seven directors as aforesaid, a president and a vice president elected from
5-43 their number, a secretary and a treasurer. The board may also appoint an
5-44 assistant secretary who shall exercise such [of the] powers and perform
5-45 such [of the] duties of the secretary as may be designated by the board of
5-46 directors, except that such assistant secretary shall not be invested with
5-47 authority to sign on behalf of the secretary any bonds of the district. The
5-48 secretary and treasurer shall be appointed by the board of directors and
5-49 may or may not be members of the board. Such officers shall serve at the
6-1 will of the board. One person may be appointed to serve as secretary and
6-2 treasurer.
6-3 2. The directors immediately upon their election and qualification shall
6-4 meet and organize. The board of directors shall designate some place
6-5 within the county where the organization of the district was effected as the
6-6 office of the board, and the board shall hold a regular monthly meeting in
6-7 its office on such day of the month as that fixed upon by resolution duly
6-8 entered upon the minutes, and when the time for such a monthly meeting
6-9 has been fixed , it cannot again be changed for 12 months, and it can only
6-10 be changed by resolution passed at least 2 months prior to the time such
6-11 change [shall] will take effect and upon publication in a newspaper of
6-12 general circulation in the district for at least 2 weeks prior to such change.
6-13 Should the regular meeting day fall upon a nonjudicial day, such meeting
6-14 [shall] must be held on the first judicial day thereafter.
6-15 3. The board of directors shall hold such special meetings as shall be
6-16 required for the purpose of transaction of business , [;] but all special
6-17 meetings must be called by the president or a majority of the board. The
6-18 order calling such special meeting [shall] must be entered on the record,
6-19 and the secretary shall give each member not joining in the order 3 days’
6-20 notice of such special meeting. The order must specify the business to be
6-21 transacted at such special meeting , [;] and none other than that specified
6-22 shall be transacted.
6-23 4. Whenever all members of the board are present at a meeting, the
6-24 same shall be deemed a legal meeting and any lawful business may be
6-25 transacted. All meetings of the board [shall] must be public and a majority
6-26 of the members [shall constitute] constitutes a quorum for the transaction
6-27 of business, but on all questions requiring a vote there [shall be a
6-28 concurrence of] must be an affirmative vote of at least a majority of all the
6-29 members of the board.
6-30 5. All records of the board [shall] must be open to the inspection of
6-31 any elector during business hours.
6-32 6. At the regular monthly meeting in January next following their
6-33 elections, the board of directors shall meet and organize and elect a
6-34 president and vice president and appoint a secretary and treasurer. The
6-35 appointees aforesaid shall file bonds, which [shall] must be approved by
6-36 the board, for the faithful performance of their duties.
6-37 7. Any vacancies in the offices of directors [shall] must be filled from
6-38 the division in which the vacancy occurs by the remaining members of the
6-39 board. A director appointed to fill a vacancy, as above provided, shall hold
6-40 his office until the next biennial election and until his successor is elected
6-41 and qualified.
6-42 Sec. 10. NRS 320.090 is hereby amended to read as follows:
6-43 320.090 1. After taking oaths and filing bonds, the members of the
6-44 board shall, by a majority vote, elect a chairman, vice chairman, secretary
6-45 and treasurer from among the members. The secretary and treasurer may be
6-46 one person. After the initial election, the chairman, vice chairman,
6-47 secretary and treasurer serve in that office for a term of 1 year beginning on
6-48 July 1 of each year. If a vacancy occurs in any of those offices, the
7-1 members of the board shall elect a member of the board to serve in that
7-2 office for the remainder of the unexpired term.
7-3 2. Three members of the board constitute a quorum, and except as
7-4 otherwise provided in section 1 of this act, a quorum may exercise all the
7-5 powers and duties of the board.
7-6 3. The board shall:
7-7 (a) Meet at such times and places specified by a call of the chairman or
7-8 by a majority of the members of the board;
7-9 (b) Adopt bylaws prescribing its management and government; and
7-10 (c) Comply with the provisions of chapter 241 of NRS.
7-11 4. The members of the board serve without compensation and are not
7-12 entitled to the per diem and travel expenses provided for state officers and
7-13 employees generally.
7-14 5. If a vacancy occurs in the membership of the board, the remaining
7-15 members of the board shall appoint a person to serve on the board until his
7-16 successor is elected and qualified. A person appointed to serve on the
7-17 board pursuant to this subsection must qualify in the manner provided in
7-18 NRS 320.070. If the board fails to fill a vacancy within 30 days after the
7-19 vacancy occurs, the board of county commissioners where the district is
7-20 located shall appoint a person to serve on the board in the manner provided
7-21 in this subsection.
7-22 Sec. 11. NRS 353.015 is hereby amended to read as follows:
7-23 353.015 [A] Except as otherwise provided in section 1 of this act, a
7-24 majority of the state board of examiners [shall constitute] constitutes a
7-25 quorum and may, as such, discharge any of the duties specified by law.
7-26 Sec. 12. NRS 403.040 is hereby amended to read as follows:
7-27 403.040 1. The board of county highway commissioners must hold
7-28 regular meetings monthly on or about the 1st day of each month.
7-29 2. Special meetings may be called by the chairman, but no bills [shall]
7-30 may be allowed at special meetings. Every member [shall] must be notified
7-31 of special meetings in ample time to attend.
7-32 3. In counties having three county commissioners, two members
7-33 [shall] constitute a quorum, but an affirmative vote of a majority [vote] of
7-34 all the members [shall be] is required at all times for the passing of any
7-35 motion. In counties having five county commissioners, three members
7-36 [shall] constitute a quorum, but an affirmative vote of a majority [vote] of
7-37 all the members [shall be] is required at all times for the passing of any
7-38 motion.
7-39 Sec. 13. NRS 450.140 is hereby amended to read as follows:
7-40 450.140 1. The board of hospital trustees shall hold meetings at least
7-41 once each month, and shall keep a complete record of all its transactions.
7-42 2. Except as otherwise provided in section 1 of this act:
7-43 (a) In counties where three county commissioners are not members of
7-44 the board, three members of the board constitute a quorum for the
7-45 transaction of business.
7-46 [3. Except]
8-1 (b) And except as otherwise provided in [subsection 4,] paragraph (c),
8-2 in counties where three county commissioners are members of the board,
8-3 any five of the members constitute a quorum for the transaction of
8-4 business.
8-5 [4.] (c) In counties where the board of county commissioners is the
8-6 board of hospital trustees, a majority of the board constitutes a quorum for
8-7 the transaction of business.
8-8 Sec. 14. NRS 539.095 is hereby amended to read as follows:
8-9 539.095 A majority of the members [shall constitute] constitutes a
8-10 quorum for the transaction of business, but on all questions requiring a vote
8-11 , there [shall be a concurrence] must be an affirmative vote of at least a
8-12 majority of all the members of the board.
8-13 Sec. 15. NRS 548.305 is hereby amended to read as follows:
8-14 548.305 A majority of the supervisors [shall constitute] constitutes a
8-15 quorum, and except as otherwise provided in section 1 of this act, the
8-16 concurrence of a majority of the quorum in any matter within their duties
8-17 [shall be] is required for their determination.
8-18 Sec. 16. Section 2.040 of the charter of the City of Caliente, being
8-19 chapter 31, Statutes of Nevada 1971, at page 58, is hereby amended to read
8-20 as follows:
8-21 Sec. 2.040 Meetings: Quorum.
8-22 1. The city council shall hold at least two regular meetings each
8-23 month, and by ordinance may provide for additional regular meetings.
8-24 2. [A] Except as otherwise provided in section 1 of this act, a
8-25 majority of all members of the city council constitutes a quorum to do
8-26 business, but a lesser number may meet and recess from time to time,
8-27 and compel the attendance of the absent members.
8-28 3. Except as otherwise provided by law, all sessions and all
8-29 proceedings of the city council [shall] must be public.
8-30 Sec. 17. Section 2.050 of the charter of the City of Carlin, being
8-31 chapter 344, Statutes of Nevada 1971, at page 606, is hereby amended to
8-32 read as follows:
8-33 Sec. 2.050 Meetings: Quorum.
8-34 1. The board of councilmen shall hold at least one regular
8-35 meeting each month, and by ordinance may provide for additional
8-36 regular meetings.
8-37 2. [A] Except as otherwise provided in section 1 of this act, a
8-38 majority of all members of the board of councilmen constitutes a
8-39 quorum to do business, but a lesser number may meet and recess from
8-40 time to time, and compel the attendance of the absent members.
8-41 3. Except as otherwise provided by law, all sessions and all
8-42 proceedings of the board of councilmen [shall] must be public.
8-43 Sec. 18. Section 2.050 of the charter of Carson City, being chapter
8-44 213, Statutes of Nevada 1969, at page 295, is hereby amended to read as
8-45 follows:
8-46 Sec. 2.050 Meetings: Quorum.
8-47 1. The board shall hold at least two regular meetings each month ,
8-48 and by ordinance may provide for the holding of additional regular
8-49 meetings.
9-1 2. Special meetings may be held on call of the mayor or by a
9-2 majority of the board, by giving a minimum of 6 hours’ notice of such
9-3 special meeting to each member of the board prior to the meeting. No
9-4 contract involving the expenditure of money may be made or claim
9-5 allowed at a special meeting unless notice of the meeting called to
9-6 consider such action is published in a newspaper within Carson City
9-7 at least 1 day before such meeting, and no business may be transacted
9-8 at a special meeting except such as has been stated in the call of the
9-9 meeting, and no ordinance may be passed at a special meeting except
9-10 an emergency ordinance.
9-11 3. [A] Except as otherwise provided in section 1 of this act, a
9-12 majority of all members of the board constitutes a quorum to do
9-13 business, but a lesser number may meet and recess from time to time,
9-14 and compel the attendance of the absent members.
9-15 4. Except as otherwise provided by law , the sessions and all
9-16 proceedings of the board [shall] must be public.
9-17 Sec. 19. Section 2.050 of the charter of the City of Elko, being chapter
9-18 276, Statutes of Nevada 1971, at page 477, is hereby amended to read as
9-19 follows:
9-20 Sec. 2.050 Meetings: Quorum.
9-21 1. The board of supervisors shall hold at least one regular meeting
9-22 each month, and by ordinance may provide for additional regular
9-23 meetings.
9-24 2. [A] Except as otherwise provided in section 1 of this act, a
9-25 majority of all members of the board of supervisors constitutes a
9-26 quorum to do business, but a lesser number may meet and recess from
9-27 time to time, and compel the attendance of the absent members.
9-28 3. Except as otherwise provided by law, all sessions and all
9-29 proceedings of the board of supervisors [shall] must be public.
9-30 Sec. 20. Section 2.050 of the charter of the City of Gabbs, being
9-31 chapter 265, Statutes of Nevada 1971, at page 388, is hereby amended to
9-32 read as follows:
9-33 Sec. 2.050 Meetings: Quorum.
9-34 1. The board of councilmen shall hold at least one regular
9-35 meeting each month, and by ordinance may provide for additional
9-36 regular meetings.
9-37 2. [A] Except as otherwise provided in section 1 of this act, a
9-38 majority of all members of the board of councilmen constitutes a
9-39 quorum to do business, but a lesser number may meet and recess from
9-40 time to time, and compel the attendance of the absent members.
9-41 3. Except as otherwise provided by law, all sessions and all
9-42 proceedings of the board of councilmen [shall] must be public.
9-43 Sec. 21. Section 2.040 of the charter of the City of Henderson, being
9-44 chapter 266, Statutes of Nevada 1971, at page 405, is hereby amended to
9-45 read as follows:
9-46 Sec. 2.040 Meetings: Quorum.
9-47 1. The city council shall hold at least two regular meetings each
9-48 month, and by ordinance may provide for additional regular meetings.
10-1 2. [A] Except as otherwise provided in section 1 of this act, a
10-2 majority of all members of the city council constitutes a quorum to do
10-3 business, but a lesser number may meet and recess from time to time,
10-4 and compel the attendance of the absent members.
10-5 3. Except as otherwise provided by law, all sessions and all
10-6 proceedings of the city council [shall] must be public.
10-7 Sec. 22. Section 2.060 of the charter of the City of Las Vegas, being
10-8 chapter 517, Statutes of Nevada 1983, at page 1395, is hereby amended to
10-9 read as follows:
10-10 Sec. 2.060 Meetings: Quorum.
10-11 1. [A] Except as otherwise provided in section 1 of this act, a
10-12 majority of all members of the city council constitutes a quorum to do
10-13 business, but a lesser number may meet and recess from time to time
10-14 or compel the attendance of the absent members, or both, under such
10-15 penalties as may be prescribed by ordinance.
10-16 2. [Unless] Except as otherwise provided in section 1 of this act,
10-17 and unless otherwise provided by any other provision of law,
10-18 including sections 1.160, 2.100 and 3.050 and subsection 3 of section
10-19 2.110 of this charter, the concurrence of a majority of a quorum of the
10-20 city council is necessary to pass any proposition.
10-21 Sec. 23. Section 2.040 of the charter of the City of North Las Vegas,
10-22 being chapter 573, Statutes of Nevada 1971, as amended by chapter 301,
10-23 Statutes of Nevada 1979, at page 451, is hereby amended to read as
10-24 follows:
10-25 Sec. 2.040 Meetings: Quorum.
10-26 1. The city council shall hold at least one regular meeting each
10-27 month, and by ordinance may provide for additional regular meetings.
10-28 2. [A] Except as otherwise provided in section 1 of this act, a
10-29 majority of all members of the city council constitutes a quorum to do
10-30 business.
10-31 3. Except as otherwise provided by law, all sessions and all
10-32 proceedings of the city council [are] must be public.
10-33 Sec. 24. Section 2.040 of the charter of the City of Reno, being
10-34 chapter 662, Statutes of Nevada 1971, as amended by chapter 203, Statutes
10-35 of Nevada 1989, at page 444, is hereby amended to read as follows:
10-36 Sec. 2.040 Meetings: Quorum.
10-37 1. The city council shall hold not less than two regular meetings
10-38 each month. The times and dates of the meetings must be established
10-39 by ordinance.
10-40 2. [A] Except as otherwise provided in section 1 of this act, a
10-41 majority of all the members of the city council constitutes a quorum to
10-42 do business, but a lesser number may meet and recess from time to
10-43 time, and compel the attendance of the absent members.
10-44 3. Except as otherwise provided by law, all sessions and all
10-45 proceedings of the city council must be public.
11-1 Sec. 25. Section 2.030 of the charter of the City of Sparks, being
11-2 chapter 470, Statutes of Nevada 1975, as last amended by chapter 450,
11-3 Statutes of Nevada 1985, at page 1313, is hereby amended to read as
11-4 follows:
11-5 Sec. 2.030 Meetings: Regular; special; quorum.
11-6 1. The city council shall hold regular meetings at least twice each
11-7 month at times it designates by ordinance. When a regular meeting
11-8 falls on a holiday, the council must hold the meeting on the next
11-9 business day.
11-10 2. Special meetings may be held on a call of the mayor or by a
11-11 majority of the council. Reasonable effort must be made to give notice
11-12 of a special meeting to each member of the council, the mayor, city
11-13 clerk, city attorney, city manager and to any other person who has
11-14 submitted a request for notice to the city clerk. Notice is not required
11-15 if the mayor has declared an emergency.
11-16 3. At a special meeting, unless the entire city council otherwise
11-17 consents:
11-18 (a) Or unless notice of the meeting is published in a newspaper of
11-19 general circulation in the city at least 1 day before the meeting, a
11-20 contract or claim involving the expenditure of money may not be
11-21 approved;
11-22 (b) Only emergency ordinances may be passed; and
11-23 (c) Only that business which was stated in the call of the meeting
11-24 may be discussed.
11-25 4. [A] Except as otherwise provided in section 1 of this act, a
11-26 majority of all members of the city council constitutes a quorum to do
11-27 business, but a lesser number may meet and recess and compel the
11-28 attendance of the absent members.
11-29 5. No meeting of the city council may be held for the purpose of
11-30 conducting or discussing city business except as provided in this
11-31 section.
11-32 Sec. 26. Section 2.050 of the charter of the City of Wells, being
11-33 chapter 275, Statutes of Nevada 1971, at page 460, is hereby amended to
11-34 read as follows:
11-35 Sec. 2.050 Meetings: Quorum.
11-36 1. The board of councilmen shall hold at least one regular
11-37 meeting each month, and by ordinance may provide for additional
11-38 regular meetings.
11-39 2. [A] Except as otherwise provided in section 1 of this act, a
11-40 majority of all members of the board of councilmen constitutes a
11-41 quorum to do business, but a lesser number may meet and recess from
11-42 time to time, and compel the attendance of the absent members.
11-43 3. Except as otherwise provided by law, all sessions and all
11-44 proceedings of the board of councilmen [shall] must be public.
12-1 Sec. 27. Section 2.040 of the charter of the City of Yerington, being
12-2 chapter 465, Statutes of Nevada 1971, as amended by chapter 184, Statutes
12-3 of Nevada 1985, at page 643, is hereby amended to read as follows:
12-4 Sec. 2.040 Meetings: Quorum.
12-5 1. The city council shall hold at least two regular meetings each
12-6 month, on the second and fourth Mondays, and by ordinance may
12-7 provide for additional regular meetings.
12-8 2. If the date of any regular meeting of the city council falls on a
12-9 legal holiday, the meeting must be held on the next day which is not a
12-10 legal holiday.
12-11 3. [A] Except as otherwise provided in section 1 of this act, a
12-12 majority of all members of the city council constitutes a quorum to do
12-13 business.
12-14 Sec. 28. Section 8 of chapter 167, Statutes of Nevada 1947, as last
12-15 amended by chapter 468, Statutes of Nevada 1977, at page 932, is hereby
12-16 amended to read as follows:
12-17 Sec. 8. The officers of the district shall consist of directors as
12-18 specified in section 5.1, a president, a vice president , a secretary[,]
12-19 and a treasurer. The chairman of the board of county commissioners
12-20 of Clark County may be president of the board of directors of the
12-21 district , or the board of county commissioners may, at its first
12-22 meeting in January of each year, designate another of its members to
12-23 serve as president of the board of directors of the district for a term of
12-24 1 year. The vice chairman of the board of county commissioners may
12-25 be vice president of the board of directors of the district , or the board
12-26 of county commissioners may, at its first meeting in January of each
12-27 year, designate another of its members to serve as vice president of
12-28 the board of directors of the district for a term of 1 year. The board
12-29 may appoint an assistant secretary, who shall exercise such [of the]
12-30 powers and perform such [of the] duties of the secretary as may be
12-31 designated by the board of directors, except that the assistant secretary
12-32 may not sign on behalf of the secretary any bonds of the district. The
12-33 secretary and treasurer shall be appointed by the board of directors
12-34 and may not be members of the board. These officers shall serve at
12-35 the will of the board. One person may be appointed to serve as
12-36 secretary and treasurer. The board may designate the county clerk of
12-37 Clark County and the county treasurer of Clark County, respectively,
12-38 to act ex officio as secretary and treasurer, or it may designate some
12-39 other person to fill either or both of the offices. No additional bond
12-40 may be required of the county treasurer of Clark County as ex officio
12-41 district treasurer. The board may also appoint an engineer and
12-42 manager and such other assistants as may be necessary. The board of
12-43 directors shall designate some place within the county as the office of
12-44 the board and shall hold a regular monthly meeting in this office on
12-45 such day of the month as that fixed upon by resolution duly entered
12-46 upon the minutes. All meetings of the board [shall] must be public,
12-47 and , except as otherwise provided in section 1 of this act, a majority
12-48 of the members [shall constitute] constitutes a quorum for the
12-49 transaction of business, but on all questions requiring a vote , there
13-1 [shall be a concurrence] must be an affirmative vote of at least a
13-2 majority of all the members of the board. All records of the board
13-3 [shall] must be open to the inspection of any elector during business
13-4 hours.
13-5 Sec. 29. Section 10 of chapter 227, Statutes of Nevada 1975, as
13-6 amended by chapter 275, Statutes of Nevada 1979, at page 379, is hereby
13-7 amended to read as follows:
13-8 Sec. 10. [A] Except as otherwise provided in section 1 of this
13-9 act, a majority of the members [constitute] constitutes a quorum at
13-10 any meeting[,] and the [Board] board may take action either by
13-11 motion or by resolution, which must be adopted by at least a majority
13-12 of the members present and constituting a quorum.
13-13 Sec. 30. Section 8 of chapter 458, Statutes of Nevada 1983, as
13-14 amended by chapter 97, Statutes of Nevada 1985, at page 363, is hereby
13-15 amended to read as follows:
13-16 Sec. 8. 1. The board shall meet regularly at a time and in a
13-17 place to be designated by the board. Special meetings may be held as
13-18 often as the needs of the board require, on notice to each board
13-19 member.
13-20 2. A majority of the members [shall constitute] constitutes a
13-21 quorum at any meeting. [Every] Except as otherwise provided in
13-22 section 1 of this act, every motion and resolution of the board must be
13-23 adopted by at least a majority of the members present and constituting
13-24 the quorum at such meeting.
13-25 3. If any member is absent from three consecutive regular
13-26 meetings of the board, without good cause as determined by the
13-27 board, his office thereupon becomes vacant.
13-28 4. The board shall adopt a seal.
13-29 Sec. 31. Section 4 of chapter 477, Statutes of Nevada 1983, as
13-30 amended by chapter 175, Statutes of Nevada 1999, at page 886, is hereby
13-31 amended to read as follows:
13-32 Sec. 4. All powers, duties and privileges of the Moapa Valley
13-33 Water District must be exercised and performed by the governing
13-34 board of the district. Except as otherwise provided in section 5 of this
13-35 chapter, the board consists of five members elected as prescribed in
13-36 this act. A simple majority of the members of the board constitutes a
13-37 quorum. The affirmative vote of a [simple] majority of [the quorum]
13-38 all the members of the board is required to take action.
13-39 Sec. 32. Section 8 of chapter 477, Statutes of Nevada 1983, as
13-40 amended by chapter 175, Statutes of Nevada 1999, at page 888, is hereby
13-41 amended to read as follows:
13-42 Sec. 8. 1. The board shall:
13-43 (a) Choose one of its members chairman of the board and president
13-44 of the district, and prescribe the term of office and the powers and
13-45 duties thereof.
13-46 (b) Fix the time and place at which its regular meetings must be
13-47 held and provide for the calling and conduct of special meetings.
13-48 (c) Fix the location of the principal place of business of the district.
14-1 (d) Elect a secretary-treasurer of the board and the district, who
14-2 may or may not be a member of the board.
14-3 (e) Appoint a general manager who must not be a member of the
14-4 board.
14-5 (f) Delegate and redelegate to officers of the agency the power to
14-6 employ necessary executives, clerical workers, engineering assistants
14-7 and laborers, and retain legal, accounting or engineering services,
14-8 subject to such conditions and restrictions as may be imposed by the
14-9 board.
14-10 (g) Prescribe the powers, duties, compensation and benefits of all
14-11 officers and employees of the district, and require all bonds necessary
14-12 to protect the money and other property of the district.
14-13 (h) Take all actions and do all things reasonably and lawfully
14-14 necessary to conduct the business of the district and to achieve the
14-15 purpose of this act.
14-16 2. No regular or special meeting of the board may commence or
14-17 continue unless a quorum of at least three members is present. [A
14-18 majority] The affirmative vote of the [quorum present] majority of all
14-19 the members of the board is required to take action with respect to
14-20 any matter.
14-21 3. Members of the board serve without compensation, except that
14-22 they are entitled to reasonable per diem and travel expenses, set by the
14-23 board, for attendance at meetings and conducting other business of the
14-24 district.
14-25 Sec. 33. Section 9 of chapter 489, Statutes of Nevada 1999, at page
14-26 2531, is hereby amended to read as follows:
14-27 Sec. 9. 1. The board shall meet each month at a time and place
14-28 designated by the chairman of the board. The board may hold special
14-29 meetings as often as the needs of the board require, upon notice to
14-30 each member of the board.
14-31 2. The board [must] shall provide notice of a meeting in the
14-32 manner prescribed by NRS 241.020.
14-33 3. Except as otherwise provided in subsection 4[:] and section 1
14-34 of this act:
14-35 (a) A majority of the members of the board constitutes a quorum;
14-36 and
14-37 (b) All actions must be adopted by at least a majority of the
14-38 members present and constituting the quorum at such a meeting.
14-39 4. The affirmative vote of at least two-thirds of the members of
14-40 the board is necessary to pass an action relating to:
14-41 (a) A budgetary matter or a matter which involves an expenditure
14-42 of public money; or
14-43 (b) A contract or other instrument that creates a binding legal
14-44 obligation on a public entity.
14-45 Sec. 34. This act becomes effective on July 1, 2001.
14-46 H