Assembly Bill No. 175–Committee on Education

 

(On Behalf of the Pershing County
School District)

 

February 20, 2003

____________

 

Referred to Committee on Education

 

SUMMARY—Provides for appointment of temporary replacement to board of trustees of school district for member who enters active military service. (BDR 34‑426)

 

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 school districts; providing for the appointment of a temporary replacement to a board of trustees of a school district for a member who enters active military service; 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 386 of NRS is hereby amended by adding

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

1-3  1.  If a vacancy occurs, or will occur, in a board of trustees

1-4  because a member of the board has entered, or is entering, into

1-5  active military service, the board of trustees may appoint a person

1-6  to serve as a temporary replacement for that member. Such a

1-7  temporary appointment must be made in the manner, and subject

1-8  to the requirements, otherwise prescribed in NRS 386.270, except

1-9  that the member of the board of trustees who has entered, or is

1-10  entering, into active military service may participate in the process

1-11  to appoint his temporary replacement.

1-12      2.  If a person is temporarily appointed to serve on a board of

1-13  trustees pursuant to this section:

2-1  (a) The person fully assumes the duties, rights and

2-2  responsibilities of a member of the board of trustees, and is

2-3  entitled to the compensation, allowances and expenses otherwise

2-4  payable to a member, for the duration of his appointment.

2-5  (b) The member of a board of trustees who is temporarily

2-6  replaced shall be deemed to be on leave without pay from the

2-7  board of trustees for the duration of the appointment of his

2-8  temporary replacement.

2-9  3.  A person appointed to serve on the board of trustees

2-10  pursuant to this section serves:

2-11      (a) Until the member of the board of trustees being temporarily

2-12  replaced returns from active military service; or

2-13      (b) For the remainder of the unexpired term of that

2-14  member,

2-15  whichever occurs first.

2-16      Sec. 2.  NRS 386.270 is hereby amended to read as follows:

2-17      386.270  Except as otherwise provided in section 1 of this act:

2-18      1.  Any vacancy occurring in a board of trustees [shall] must be

2-19  filled by appointment by the remaining members of [such] the board

2-20  at a public meeting held after notice of [such] the meeting is

2-21  published at least once each week for 2 weeks in a newspaper

2-22  qualified pursuant to the provisions of chapter 238 of NRS. The

2-23  appointee shall serve until the next general election, at which time

2-24  his successor [shall] must be elected for the balance of the

2-25  unexpired term.

2-26      2.  Any person appointed to fill a vacancy [shall] must have the

2-27  qualifications provided in NRS 386.240.

2-28      Sec. 3.  This act becomes effective upon passage and approval.

 

2-29  H