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 the

1-4  duties of his office. A deputy so appointed may transact all official

1-5  business relating to the office of the public guardian to the same

1-6  extent as the public guardian, except that the deputy is not

1-7  authorized to establish or change the policies of the office or to

1-8  employ or terminate the employment of subordinates in the office.

1-9  Before entering upon the discharge of his duties, each deputy

1-10  must take and subscribe to the constitutional oath of office.

1-11      2.  Each appointment must be in writing and recorded, with

1-12  the oath of office of that deputy, in the office of the county

2-1  recorder. Any revocation or resignation of an appointment must

2-2  be recorded in the office of the county recorder.

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

2-4  any official malfeasance or nonfeasance of his deputies and may

2-5  require a bond for the faithful performance of the official duties

2-6  of his deputies.

2-7  4.  The compensation of a deputy public guardian must be

2-8  fixed by the board of county commissioners and paid out of the

2-9  county general fund.

2-10      Sec. 2.  NRS 253.150 is hereby amended to read as follows:

2-11      253.150  1.  The board of county commissioners of any county

2-12  may establish the office of public guardian.

2-13      2.  The board of county commissioners may:

2-14      (a) Appoint [the] a public guardian , who serves at the pleasure

2-15  of the board, for a term of 4 years from the day of appointment; or

2-16      (b) Designate an elected or appointed county officer as ex

2-17  officio public guardian.

2-18      3.  The compensation of a public guardian appointed or

2-19  designated pursuant to subsection 2 must be fixed by the board of

2-20  county commissioners and paid out of the county general fund.

2-21      Sec. 3.  NRS 253.170 is hereby amended to read as follows:

2-22      253.170  1.  If [any] a vacancy occurs in the office of public

2-23  guardian before the expiration of a normal term, the vacancy shall

2-24  be filled promptly by the board of county commissioners.

2-25      2.  The [district court] board of county commissioners may

2-26  designate any qualified person to serve as acting public guardian

2-27  until a vacancy in such office is filled.

2-28      Sec. 4.  NRS 253.180 is hereby amended to read as follows:

2-29      253.180  Within the limits of appropriations for his office, a

2-30  public guardian may:

2-31      1.  Employ such subordinates , including, without limitation,

2-32  deputies appointed pursuant to section 1 of this act, as authorized

2-33  by the board of county commissioners and as necessary for the

2-34  proper performance of his duties.

2-35      2.  Contract for the services of consultants or assistants.

2-36      Sec. 5.  This act becomes effective upon passage and approval.

 

2-37  H