Senate Bill No. 334–Committee on Government Affairs

 

CHAPTER..........

 

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:

 

   Section 1. Section 1 of chapter 566, Statutes of Nevada 1993, at page

 2326, is hereby amended to read as follows:

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

 requires:

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

 Commission for the reconstruction of the V & T Railway created

 pursuant to section 2 of this act.

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

 commission pursuant to section 3 of this act.

   3.  “County” includes Carson City.

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

 City and the boards of county commissioners of [Lyon and Storey]

 Douglas, Lyon, Storey and Washoe counties.

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

 2326, is hereby amended to read as follows:

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

 the reconstruction of the V & T Railway of Carson City and

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

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

 therein, are exempt from all state and local taxation.

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

 geographical jurisdiction of which is Carson City and Douglas, Lyon

 , [and] Storey and Washoe counties.

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

 accomplish its purposes.

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

 2326, is hereby amended to read as follows:

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

 commissioners appointed as follows:

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

 supervisors of Carson City appointed by the board of supervisors of

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

 board;]

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

 of Douglas County from among its members;

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

 of Lyon County from among its members;

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

 commissioners of Storey County from among its members; [and

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

 commissioners of Washoe County from among its members;

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

Railroad Society from among its members[.] ;

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

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

   (i) One member appointed by the governor.

   2.  If the Virginia and Truckee Historical Railroad Society ceases

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

 purposes, that entity is entitled to appoint the member pursuant to

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

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

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

 subsection 1.

   3.  The terms of the two members serving on the commission

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

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

 appointing authorities shall make [the] any appointments required by

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

 of subsection 1, as determined by the board of supervisors of Carson

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

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

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

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

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

 reappointment.

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

 appointment to be a member of the body appointing him becomes

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

   5.  Each commissioner serves at the pleasure of his appointing

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

 the same manner as the original appointment.

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

 2327, is hereby amended to read as follows:

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

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

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

 appointed and all other commissioners shall file their oaths of office

 with the clerk of Carson City.

   2.  The commissioners must serve without compensation, but a

 commissioner may be reimbursed for expenses actually incurred by

 him for travel authorized by the commission.

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

 secretary and treasurer from among its members. The secretary and

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

 July 1 of each odd-numbered year.

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

 of the commission, minutes of all meetings, certificates, contracts and

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

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

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

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

with the clerk of Carson City, at the expense of the commission, a

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

 faithful performance of his duties.

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

 2328, is hereby amended to read as follows:

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

 establish and maintain a railway, including, without limitation:

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

 constructing railways and any facilities or other appurtenances it

 deems appropriate in connection therewith; and

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

 that carries passengers to locations within the jurisdiction of the

 commission.

   2.  In addition to regulation by another agency related to public

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

 law, the commission shall regulate all franchises and concessionaires

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

 commission.

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

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

 709 of NRS.

   4.  Notwithstanding any provision of Title 58 of NRS to the

 contrary, the rates charged by a railroad operated by the commission

 or pursuant to a franchise or other agreement with the commission,

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

 of Nevada.

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

 2329, is hereby amended to read as follows:

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

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

 Washoe County, or any combination thereof, to provide legal

 services to the commission. The commission may authorize payment

 to the district attorney for the costs to the district attorney for

 providing [such] those services.

   2.  The commission shall enter into an agreement with the

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

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

 the fund that are properly approved by the commission. The

 commission may authorize payment to the treasurer for the costs to

 the treasurer for providing [such] those services.

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

 the fund created pursuant to subsection 2. The money in the fund

 must be used only for the necessary expenses of the commission and

 the costs of the projects authorized by this act.

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

 

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