(Reprinted with amendments adopted on April 16, 2003)

 

Assembly Bill No. 291–Committee on Government Affairs

 

March 13, 2003

____________

 

Referred to Committee on Government Affairs

 

SUMMARY—Revises provisions relating to city and county planning commissions in certain larger counties. (BDR 22‑728)

 

FISCAL NOTE:  Effect on Local Government: No.

                           Effect on the State: No.

 

~

 

EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted.

 

AN ACT relating to land use planning; providing that members of city and county planning commissions in certain larger counties serve at the pleasure of their appointing authority; limiting the number of continuances that may be granted by a city or county planning commission in certain larger counties under certain circumstances; revising provisions relating to the appeal of certain land use decisions; revising certain ethical requirements with respect to members of city and county planning commissions in certain larger counties; 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. NRS 278.040 is hereby amended to read as follows:

1-2  278.040  1.  The members of the planning commission are

1-3  appointed by the chief executive officer of the city, or in the case of

1-4  a county by the chairman of the board of county commissioners,

1-5  with the approval of the governing body. The members must not be

1-6  members of the governing body of the city or county. The majority

1-7  of the members of the county planning commission in any county

1-8  whose population is 400,000 or more must reside within the

1-9  unincorporated area of the county.

2-1  2.  In Carson City, the members of the planning commission

2-2  established as provided in NRS 278.030 are appointed by the mayor

2-3  from the city at large, with the approval of the Board of Supervisors.

2-4  3.  The governing body may provide for compensation to its

2-5  planning commission in an amount of not more than $80 per

2-6  meeting of the commission, with a total of not more than $400 per

2-7  month, and may provide travel expenses and subsistence allowances

2-8  for the members in the same amounts as are allowed for other

2-9  officers and employees of the county or city.

2-10      4.  Except as otherwise provided in this subsection, the term of

2-11  each member is 4 years, or until his successor takes office. If

2-12  applicable, the term of each member of a county or city planning

2-13  commission in any county whose population is 400,000 or more is

2-14  coterminous with the term of the member of the governing body

2-15  who recommended his appointment to the appointing authority. If

2-16  the recommending member resigns his office before the expiration

2-17  of his term, the corresponding member of the planning commission

2-18  may continue to serve until the office is next filled by election. If the

2-19  office of the recommending member becomes vacant before the

2-20  expiration of the term for any other reason, the corresponding

2-21  member of the planning commission may continue to serve for the

2-22  duration of the original term.

2-23      5.  [Members] Except as otherwise provided in this subsection,

2-24  members of a county or city planning commission may be

2-25  removed, after public hearing, by a majority vote of the governing

2-26  body for just cause. In a county whose population is 400,000 or

2-27  more, members of a county or city planning commission serve at

2-28  the pleasure of their appointing authority.

2-29      6.  Vacancies occurring otherwise than through the expiration

2-30  of term must be filled for the unexpired term.

2-31      Sec. 2.  NRS 278.050 is hereby amended to read as follows:

2-32      278.050  1.  The commission shall hold at least one regular

2-33  meeting in each month.

2-34      2.  It shall adopt rules for transaction of business and shall keep

2-35  a record of its resolutions, transactions, findings and determinations,

2-36  which record shall be a public record.

2-37      3.  In a county whose population is 400,000 or more, the

2-38  commission shall not grant to an applicant more than two

2-39  continuances on the same matter, unless the commission

2-40  determines, upon good cause shown, that the granting of

2-41  additional continuances is warranted.

2-42      Sec. 3.  NRS 278.3195 is hereby amended to read as follows:

2-43      278.3195  1.  Except as otherwise provided in NRS 278.310,

2-44  each governing body shall adopt an ordinance providing that any

2-45  person who is aggrieved by a decision of:

3-1  (a) The planning commission, if the governing body has created

3-2  a planning commission pursuant to NRS 278.030;

3-3  (b) The board of adjustment, if the governing body has created a

3-4  board of adjustment pursuant to NRS 278.270;

3-5  (c) A hearing examiner, if the governing body has appointed a

3-6  hearing examiner pursuant to NRS 278.262; or

3-7  (d) Any other person appointed or employed by the governing

3-8  body who is authorized to make administrative decisions regarding

3-9  the use of land,

3-10  may appeal the decision to the governing body. In a county whose

3-11  population is 400,000 or more, a person shall be deemed to be

3-12  aggrieved under an ordinance adopted pursuant to this subsection

3-13  if the person appeared, either in person, through an authorized

3-14  representative, or in writing, before a person or entity described in

3-15  paragraphs (a) to (d), inclusive, on the matter which is the subject

3-16  of the decision.

3-17      2.  Except as otherwise provided in NRS 278.310, an ordinance

3-18  adopted pursuant to subsection 1 must set forth, without limitation:

3-19      (a) The period within which an appeal must be filed with the

3-20  governing body.

3-21      (b) The procedures pursuant to which the governing body will

3-22  hear the appeal.

3-23      (c) That the governing body may affirm, modify or reverse a

3-24  decision.

3-25      (d) The period within which the governing body must render its

3-26  decision except that:

3-27          (1) In a county whose population is 400,000 or more, that

3-28  period must not exceed 45 days.

3-29          (2) In a county whose population is less than 400,000, that

3-30  period must not exceed 60 days.

3-31      (e) That the decision of the governing body is a final decision

3-32  for the purpose of judicial review.

3-33      (f) That, in reviewing a decision, the governing body will be

3-34  guided by the statement of purpose underlying the regulation of the

3-35  improvement of land expressed in NRS 278.020.

3-36      (g) That the governing body may charge the appellant a fee for

3-37  the filing of an appeal.

3-38      3.  In addition to the requirements set forth in subsection 2, in

3-39  a county whose population is 400,000 or more, an ordinance

3-40  adopted pursuant to subsection 1 must:

3-41      (a) Set forth procedures for the consolidation of appeals; and

3-42      (b) Prohibit the governing body from granting to an aggrieved

3-43  person more than two continuances on the same matter, unless the

3-44  governing body determines, upon good cause shown, that the

3-45  granting of additional continuances is warranted.

4-1  4.  Any person who:

4-2  (a) Has appealed a decision to the governing body in accordance

4-3  with an ordinance adopted pursuant to subsection 1; and

4-4  (b) Is aggrieved by the decision of the governing body,

4-5  may appeal that decision to the district court of the proper county by

4-6  filing a petition for judicial review within 25 days after the date of

4-7  filing of notice of the decision with the clerk or secretary of the

4-8  governing body, as set forth in NRS 278.0235.

4-9  Sec. 4.  NRS 281.501 is hereby amended to read as follows:

4-10      281.501  1.  Except as otherwise provided in subsection 2 [or

4-11  3,] , 3 or 4, a public officer may vote upon a matter if the benefit or

4-12  detriment accruing to him as a result of the decision either

4-13  individually or in a representative capacity as a member of a general

4-14  business, profession, occupation or group is not greater than that

4-15  accruing to any other member of the general business, profession,

4-16  occupation or group.

4-17      2.  [In] Except as otherwise provided in subsection 3, in

4-18  addition to the requirements of the code of ethical standards, a

4-19  public officer shall not vote upon or advocate the passage or failure

4-20  of, but may otherwise participate in the consideration of a matter

4-21  with respect to which the independence of judgment of a reasonable

4-22  person in his situation would be materially affected by:

4-23      (a) His acceptance of a gift or loan;

4-24      (b) His pecuniary interest; or

4-25      (c) His commitment in a private capacity to the interests of

4-26  others.

4-27  It must be presumed that the independence of judgment of a

4-28  reasonable person would not be materially affected by his pecuniary

4-29  interest or his commitment in a private capacity to the interests of

4-30  others where the resulting benefit or detriment accruing to him or to

4-31  the other persons whose interests to which the member is committed

4-32  in a private capacity is not greater than that accruing to any other

4-33  member of the general business, profession, occupation or group.

4-34  The presumption set forth in this subsection does not affect the

4-35  applicability of the requirements set forth in subsection [3] 4

4-36  relating to the disclosure of the pecuniary interest or commitment in

4-37  a private capacity to the interests of others.

4-38      3.  In a county whose population is 400,000 or more, a

4-39  member of a county or city planning commission shall not vote

4-40  upon or advocate the passage or failure of, but may otherwise

4-41  participate in the consideration of a matter with respect to which

4-42  the independence of judgment of a reasonable person in his

4-43  situation would be materially affected by:

4-44      (a) His acceptance of a gift or loan;

4-45      (b) His direct pecuniary interest; or

5-1  (c) His commitment to a member of his household or a person

5-2  who is related to him by blood, adoption or marriage within the

5-3  third degree of consanguinity or affinity.

5-4  It must be presumed that the independence of judgment of a

5-5  reasonable person would not be materially affected by his direct

5-6  pecuniary interest or his commitment described in paragraph (c)

5-7  where the resulting benefit or detriment accruing to him or to the

5-8  other persons whose interests to which the member is committed is

5-9  not greater than that accruing to any other member of the general

5-10  business, profession, occupation or group. The presumption set

5-11  forth in this subsection does not affect the applicability of the

5-12  requirements set forth in subsection 4 relating to the disclosure of

5-13  the direct pecuniary interest or commitment.

5-14      4.  A public officer or employee shall not approve, disapprove,

5-15  vote, abstain from voting or otherwise act upon any matter:

5-16      (a) Regarding which he has accepted a gift or loan;

5-17      (b) Which would reasonably be affected by his commitment in a

5-18  private capacity to the interest of others; or

5-19      (c) In which he has a pecuniary interest,

5-20  without disclosing sufficient information concerning the gift, loan,

5-21  commitment or interest to inform the public of the potential effect of

5-22  the action or abstention upon the person who provided the gift or

5-23  loan, upon the person to whom he has a commitment, or upon his

5-24  interest. Except as otherwise provided in subsection [6,] 7, such a

5-25  disclosure must be made at the time the matter is considered. If the

5-26  officer or employee is a member of a body which makes decisions,

5-27  he shall make the disclosure in public to the Chairman and other

5-28  members of the body. If the officer or employee is not a member of

5-29  such a body and holds an appointive office, he shall make the

5-30  disclosure to the supervisory head of his organization or, if he holds

5-31  an elective office, to the general public in the area from which he is

5-32  elected. This subsection does not require a public officer to disclose

5-33  any campaign contributions that the public officer reported pursuant

5-34  to NRS 294A.120 or 294A.125 in a timely manner.

5-35      [4.]5.  If a public officer declares to the body or committee in

5-36  which the vote is to be taken that he will abstain from voting

5-37  because of the requirements of this section, the necessary quorum to

5-38  act upon and the number of votes necessary to act upon the matter,

5-39  as fixed by any statute, ordinance or rule, is reduced as though the

5-40  member abstaining were not a member of the body or committee.

5-41      [5.]6.  If a public officer is voting on a matter which affects

5-42  public employees, he shall make a full public disclosure of any

5-43  personal pecuniary interest which he may have in the matter.

5-44      [6.]7.  After a member of the Legislature makes a disclosure

5-45  pursuant to subsection [3,] 4, he may file with the Director of the

6-1  Legislative Counsel Bureau a written statement of his disclosure.

6-2  The written statement must designate the matter to which the

6-3  disclosure applies. After a Legislator files a written statement

6-4  pursuant to this subsection, he is not required to disclose orally his

6-5  interest when the matter is further considered by the Legislature or

6-6  any committee thereof. A written statement of disclosure is a public

6-7  record and must be made available for inspection by the public

6-8  during the regular office hours of the Legislative Counsel Bureau.

6-9  [7.]8.  The provisions of this section do not, under any

6-10  circumstances:

6-11      (a) Prohibit a member of the legislative branch from requesting

6-12  or introducing a legislative measure; or

6-13      (b) Require a member of the legislative branch to take any

6-14  particular action before or while requesting or introducing a

6-15  legislative measure.

6-16      [8.]9.  As used in this section, “commitment in a private

6-17  capacity to the interests of others” means a commitment to a person:

6-18      (a) Who is a member of his household;

6-19      (b) Who is related to him by blood, adoption or marriage within

6-20  the third degree of consanguinity or affinity;

6-21      (c) Who employs him or a member of his household;

6-22      (d) With whom he has a substantial and continuing business

6-23  relationship; or

6-24      (e) Any other commitment or relationship that is substantially

6-25  similar to a commitment or relationship described in this subsection.

 

6-26  H