Assembly Bill No. 151–Committee on Judiciary

 

(On Behalf of Washoe County)

 

February 18, 2003

____________

 

Referred to Committee on Judiciary

 

SUMMARY—Authorizes public guardian to appoint deputies and revises provisions relating to term of office of appointed public guardian. (BDR 20‑580)

 

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 public guardians; authorizing a public guardian to appoint deputies; providing for the compensation of such deputies; providing that an appointed public guardian serves at the pleasure of the board of county commissioners; 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 253 of NRS is hereby amended by adding

1-2  thereto a new section to read as follows:

1-3  1.  A public guardian may appoint deputies to perform fully

1-4  the duties of his office. A deputy so appointed may perform all

1-5  duties required of the public guardian and has the corresponding

1-6  powers and responsibilities. Before entering upon the discharge of

1-7  his duties, each deputy must take and subscribe to the

1-8  constitutional oath of office.

1-9  2.  Each appointment must be in writing and recorded, with

1-10  the oath of office of that deputy, in the office of the county

1-11  recorder. Any revocation or resignation of an appointment must

1-12  be recorded in the office of the county recorder.

2-1  3.  The public guardian is responsible on his official bond for

2-2  any official malfeasance or nonfeasance of his deputies and may

2-3  require a bond for the faithful performance of the official duties

2-4  of his deputies.

2-5  4.  The compensation of a deputy public guardian must be

2-6  fixed by the board of county commissioners and paid out of the

2-7  county general fund.

2-8  Sec. 2.  NRS 253.150 is hereby amended to read as follows:

2-9  253.150  1.  The board of county commissioners of any county

2-10  may establish the office of public guardian.

2-11      2.  The board of county commissioners may:

2-12      (a) Appoint [the] a public guardian [for a term of 4 years from

2-13  the day of appointment;] who serves at the pleasure of the board;

2-14  or

2-15      (b) Designate an elected or appointed county officer as ex

2-16  officio public guardian.

2-17      3.  The compensation of a public guardian appointed or

2-18  designated pursuant to subsection 2 must be fixed by the board of

2-19  county commissioners and paid out of the county general fund.

2-20      Sec. 3.  NRS 253.170 is hereby amended to read as follows:

2-21      253.170  1.  If [any] a vacancy occurs in the office of public

2-22  guardian , [before the expiration of a normal term,] the vacancy

2-23  shall be filled promptly by the board of county commissioners.

2-24      2.  The district court may designate any qualified person to

2-25  serve as acting public guardian until a vacancy in such office is

2-26  filled.

2-27      Sec. 4.  NRS 253.180 is hereby amended to read as follows:

2-28      253.180  Within the limits of appropriations for his office, a

2-29  public guardian may:

2-30      1.  Employ such subordinates , including, without limitation,

2-31  deputies appointed pursuant to section 1 of this act, as necessary

2-32  for the proper performance of his duties.

2-33      2.  Contract for the services of consultants or assistants.

2-34      Sec. 5.  This act becomes effective upon passage and approval.

 

2-35  H