Senate Bill No. 334–Committee on Government Affairs

 

March 13, 2001

____________

 

Referred to Committee on Government Affairs

 

SUMMARY—Expands and changes name of Tricounty Railway Commission. (BDR S‑604)

 

FISCAL NOTE:            Effect on Local Government: Yes.

                                    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 Tricounty Railway Commission; expanding the commission to include additional counties; changing the name of the commission; 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 1 of chapter 566, Statutes of Nevada 1993, at page

1-2  2326, is hereby amended to read as follows:

1-3  Section 1.  As used in this act, unless the context otherwise

1-4  requires:

1-5  1.  “Commission” means the [Tricounty Railway] Nevada

1-6  Commission for the reconstruction of the V & T Railway created

1-7  pursuant to section 2 of this act.

1-8  2.  “Commissioner” means a person appointed to serve on the

1-9  commission pursuant to section 3 of this act.

1-10  3.  “County” includes Carson City.

1-11  4.  “Governing bodies” means the board of supervisors of Carson

1-12  City and the boards of county commissioners of [Lyon and Storey]

1-13  Douglas, Lyon, Storey and Washoe counties.

1-14    Sec. 2.  Section 2 of chapter 566, Statutes of Nevada 1993, at page

1-15  2326, is hereby amended to read as follows:

1-16  Sec. 2. 1.  The [Tricounty Railway] Nevada Commission for

1-17  the reconstruction of the V & T Railway of Carson City and

1-18  Douglas, Lyon , [and] Storey and Washoe counties is hereby created.

1-19  2.  The property and revenues of the commission, and any interest

1-20  therein, are exempt from all state and local taxation.

1-21  3.  The commission is a body corporate and politic, the

1-22  geographical jurisdiction of which is Carson City and Douglas, Lyon ,

1-23  [and] Storey and Washoe counties.

2-1  4.  The provisions of this act must be broadly construed to

2-2  accomplish its purposes.

2-3    Sec. 3.  Section 3 of chapter 566, Statutes of Nevada 1993, at page

2-4  2326, is hereby amended to read as follows:

2-5  Sec. 3. 1.  The commission must be composed of [five] nine

2-6  commissioners appointed as follows:

2-7  (a) [Two members] One member who is a member of the board of

2-8  supervisors of Carson City appointed by the board of supervisors of

2-9  Carson City ; [, at least one of whom must be a member of that

2-10  board;]

2-11  (b) One member appointed by the board of county commissioners

2-12  of Douglas County from among its members;

2-13  (c) One member appointed by the board of county commissioners

2-14  of Lyon County from among its members;

2-15  [(c)] (d) One member appointed by the board of county

2-16  commissioners of Storey County from among its members; [and

2-17  (d)] (e) One member appointed by the board of county

2-18  commissioners of Washoe County from among its members;

2-19  (f) One member appointed by the Virginia and Truckee Historical

2-20  Railroad Society from among its members[.] ;

2-21  (g) One member appointed by the speaker of the assembly;

2-22  (h) One member appointed by the senate majority leader; and

2-23  (i) One member appointed by the governor.

2-24  2.  If the Virginia and Truckee Historical Railroad Society ceases

2-25  to exist but is replaced by an entity which is organized for the same

2-26  purposes, that entity is entitled to appoint the member pursuant to

2-27  paragraph [(d)] (f) of subsection 1. If the society ceases to exist and is

2-28  not replaced, the number of commissioners is reduced to [four] eight

2-29  and no member may be appointed pursuant to paragraph [(d)] (f) of

2-30  subsection 1.

2-31  3.  The terms of the two members serving on the commission

2-32  pursuant to paragraph (a) of subsection 1 on July 1, 2001, expire on

2-33  that date. As soon as practicable after July 1, [1993,] 2001, the

2-34  appointing authorities shall make [the] any appointments required by

2-35  subsection 1. [One commissioner appointed pursuant to paragraph (a)

2-36  of subsection 1, as determined by the board of supervisors of Carson

2-37  City, and the member appointed pursuant to paragraph (d) of

2-38  subsection 1 must be appointed to an initial term of 2 years.] All of

2-39  the [other] appointments must be for initial terms of [4 years.] 1, 2 or

2-40  3 years to ensure staggered terms. After the initial terms, the term of

2-41  office of each commissioner is 4 years. A member is eligible for

2-42  reappointment.

2-43  4.  The office of a member who is required as a qualification for

2-44  appointment to be a member of the body appointing him becomes

2-45  vacant on the date he ceases to be a member of that appointing body.

2-46  5.  Each commissioner serves at the pleasure of his appointing

2-47  authority and all vacancies must be filled for the unexpired term in the

2-48  same manner as the original appointment.

3-1    Sec. 4.  Section 4 of chapter 566, Statutes of Nevada 1993, at page

3-2  2327, is hereby amended to read as follows:

3-3  Sec. 4. 1.  Each commissioner appointed pursuant to paragraph

3-4  (b) , [or] (c) , (d) or (e) of subsection 1 of section 3 of this act shall

3-5  file his oath of office with the clerk of the county from which he was

3-6  appointed and all other commissioners shall file their oaths of office

3-7  with the clerk of Carson City.

3-8  2.  The commissioners must serve without compensation, but a

3-9  commissioner may be reimbursed for expenses actually incurred by

3-10  him for travel authorized by the commission.

3-11  3.  The commission shall elect a chairman, vice chairman,

3-12  secretary and treasurer from among its members. The secretary and

3-13  the treasurer may be one person. The terms of the officers expire on

3-14  July 1 of each odd-numbered year.

3-15  4.  The secretary shall maintain a record of all of the proceedings

3-16  of the commission, minutes of all meetings, certificates, contracts and

3-17  other acts of the commission. The records must be open to the

3-18  inspection of all interested persons at a reasonable time and place.

3-19  5.  The treasurer shall keep an accurate account of all money

3-20  received by and disbursed on behalf of the commission. He shall file

3-21  with the clerk of Carson City, at the expense of the commission, a

3-22  fidelity bond in an amount not less than $10,000, conditioned for the

3-23  faithful performance of his duties.

3-24    Sec. 5.  Section 7 of chapter 566, Statutes of Nevada 1993, at page

3-25  2328, is hereby amended to read as follows:

3-26  Sec. 7.  1.  The commission may do all things necessary to

3-27  establish and maintain a railway, including, without limitation:

3-28  (a) Purchasing, leasing or otherwise acquiring right of ways and

3-29  constructing railways and any facilities or other appurtenances it

3-30  deems appropriate in connection therewith; and

3-31  (b) Operating or granting franchises for the operation of a railroad

3-32  that carries passengers to locations within the jurisdiction of the

3-33  commission.

3-34  2.  In addition to regulation by another agency related to public

3-35  health and safety that is required by local ordinance or state or federal

3-36  law, the commission shall regulate all franchises and concessionaires

3-37  who operate on the right of way or property owned or leased by the

3-38  commission.

3-39  3.  A railway acquired, constructed or leased by the commission

3-40  pursuant to this act is not a street railway for the purposes of chapter

3-41  709 of NRS.

3-42  4.  Notwithstanding any provision of Title 58 of NRS to the

3-43  contrary, the rates charged by a railroad operated by the commission

3-44  or pursuant to a franchise or other agreement with the commission,

3-45  are subject to regulation by the public [service] utilities commission

3-46  of Nevada.

3-47    Sec. 6.  Section 8 of chapter 566, Statutes of Nevada 1993, at page

3-48  2329, is hereby amended to read as follows:

4-1  Sec. 8. 1.  The commission may enter into an agreement with

4-2  the district attorney of Carson City or Douglas, Lyon , [or] Storey or

4-3  Washoe County, or any combination thereof, to provide legal services

4-4  to the commission. The commission may authorize payment to the

4-5  district attorney for the costs to the district attorney for providing

4-6  [such] those services.

4-7  2.  The commission shall enter into an agreement with the

4-8  treasurer of Carson City or Douglas, Lyon , [or] Storey or Washoe

4-9  County to create a fund for the commission and pay all claims against

4-10  the fund that are properly approved by the commission. The

4-11  commission may authorize payment to the treasurer for the costs to

4-12  the treasurer for providing [such] those services.

4-13  3.  All money received by the commission must be deposited in

4-14  the fund created pursuant to subsection 2. The money in the fund must

4-15  be used only for the necessary expenses of the commission and the

4-16  costs of the projects authorized by this act.

4-17    Sec. 7.  This act becomes effective on July 1, 2001.

 

4-18  H