Senate Bill No. 229–Senators O’Connell and Titus
March 3, 2003
____________
Referred to Committee on Government Affairs
SUMMARY—Makes various changes regarding public meetings. (BDR 19‑16)
FISCAL NOTE: Effect on Local Government: Yes.
Effect on the State: Yes.
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EXPLANATION
– Matter in bolded italics is new; matter
between brackets [omitted material] is material to be omitted.
Green numbers along left margin indicate location on the printed bill (e.g., 5-15 indicates page 5, line 15).
AN ACT relating to public bodies; revising provisions governing notice of meetings of public bodies; requiring certain public bodies to post the minutes of a public meeting on the Internet; requiring certain public bodies to make and retain an audio recording of a public meeting; prohibiting a public body from voting on an item on the agenda until public comment has been allowed on the item under certain circumstances; requiring that a member of certain agencies be present at a workshop of the agency concerning a proposed regulation of the agency, if practicable; 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 241 of NRS is hereby amended by adding
1-2 thereto a new section to read as follows:
1-3 1. Except as otherwise provided in subsection 3, a public body
1-4 that is a governing board may not take action by vote on an item
1-5 on the agenda of a meeting on which action may otherwise be
1-6 taken until public comment on the item has been allowed.
1-7 2. Each public body that is a governing board shall adopt a
1-8 rule of procedure setting forth the length of time that will be
1-9 allotted to the public comment required pursuant to subsection 1.
2-1 3. The provisions of this section do not apply to a contested
2-2 case, as that term is defined in NRS 233B.032.
2-3 Sec. 1.5. NRS 241.015 is hereby amended to read as follows:
2-4 241.015 As used in this chapter, unless the context otherwise
2-5 requires:
2-6 1. “Action” means:
2-7 (a) A decision made by a majority of the members present
2-8 during a meeting of a public body;
2-9 (b) A commitment or promise made by a majority of the
2-10 members present during a meeting of a public body;
2-11 (c) If a public body may have a member who is not an elected
2-12 official, an affirmative vote taken by a majority of the members
2-13 present during a meeting of the public body; or
2-14 (d) If all the members of a public body must be elected officials,
2-15 an affirmative vote taken by a majority of all the members of the
2-16 public body.
2-17 2. “Meeting”:
2-18 (a) Except as otherwise provided in paragraph (b), means:
2-19 (1) The gathering of members of a public body at which a
2-20 quorum is present to deliberate toward a decision or to take action
2-21 on any matter over which the public body has supervision, control,
2-22 jurisdiction or advisory power.
2-23 (2) Any series of gatherings of members of a public body at
2-24 which:
2-25 (I) Less than a quorum is present at any individual
2-26 gathering;
2-27 (II) The members of the public body attending one or
2-28 more of the gatherings collectively constitute a quorum; and
2-29 (III) The series of gatherings was held with the specific
2-30 intent to avoid the provisions of this chapter.
2-31 (b) Does not include a gathering or series of gatherings of
2-32 members of a public body, as described in paragraph (a), at which a
2-33 quorum is actually or collectively present:
2-34 (1) Which occurs at a social function if the members do not
2-35 deliberate toward a decision or take action on any matter over which
2-36 the public body has supervision, control, jurisdiction or advisory
2-37 power.
2-38 (2) To receive information from the attorney employed or
2-39 retained by the public body regarding potential or existing litigation
2-40 involving a matter over which the public body has supervision,
2-41 control, jurisdiction or advisory power and to deliberate toward a
2-42 decision on the matter, or both.
2-43 3. Except as otherwise provided in this subsection, “public
2-44 body” means any administrative, advisory, executive or legislative
2-45 body of the State or a local government which expends or disburses
3-1 or is supported in whole or in part by tax revenue or which advises
3-2 or makes recommendations to any entity which expends or disburses
3-3 or is supported in whole or in part by tax revenue, including, but not
3-4 limited to, any board, commission, committee, subcommittee or
3-5 other subsidiary thereof and includes an educational foundation as
3-6 defined in subsection 3 of NRS 388.750 and a university foundation
3-7 as defined in subsection 3 of NRS 396.405. Except as otherwise
3-8 provided by specific statute and unless the context otherwise
3-9 requires, “public body” includes a “public body that is a
3-10 governing board.” “Public body” does not include the Legislature
3-11 of the State of Nevada.
3-12 4. “Public body that is a governing board” means a “public
3-13 body” as defined in subsection 3 that is:
3-14 (a) A legislative body of a local government that has the
3-15 authority to adopt an order, ordinance or rule, or other regulation;
3-16 or
3-17 (b) An executive or administrative body that has the authority
3-18 to adopt a regulation or to make a decision that constitutes a final
3-19 decision for the purposes of judicial review.
3-20 The term does not include an advisory body of the State or a local
3-21 government.
3-22 5. “Quorum” means a simple majority of the constituent
3-23 membership of a public body or another proportion established by
3-24 law.
3-25 Sec. 2. NRS 241.020 is hereby amended to read as follows:
3-26 241.020 1. Except as otherwise provided by specific statute,
3-27 all meetings of public bodies must be open and public, and all
3-28 persons must be permitted to attend any meeting of these public
3-29 bodies. Public officers and employees responsible for these
3-30 meetings shall make reasonable efforts to assist and accommodate
3-31 physically handicapped persons desiring to attend.
3-32 2. Except in an emergency, written notice of all meetings must
3-33 be given at least 3 working days before the meeting. The notice
3-34 must include:
3-35 (a) The time, place and location of the meeting.
3-36 (b) A list of the locations where the notice has been posted.
3-37 (c) An agenda consisting of:
3-38 (1) A clear and complete statement of the topics scheduled to
3-39 be considered during the meeting.
3-40 (2) A list describing the items on which action may be taken
3-41 and clearly denoting that action may be taken on those items.
3-42 (3) A period devoted to comments by the general public, if
3-43 any, and discussion of those comments. No action may be taken
3-44 upon a matter raised under this item of the agenda until the matter
4-1 itself has been specifically included on an agenda as an item upon
4-2 which action may be taken pursuant to subparagraph (2).
4-3 (4) If any portion of the meeting will be closed, an
4-4 indication of any item that is a closed session and an estimated
4-5 time for the conduct of that closed session. If the meeting will
4-6 include more than one closed session, the public body shall
4-7 schedule and consider those items consecutively, if practicable.
4-8 3. [Minimum] Except as otherwise provided in subsection 6,
4-9 minimum public notice for a public body is:
4-10 (a) Posting a copy of the notice at the principal office of the
4-11 public body[,] or , if there is no principal office, at the building in
4-12 which the meeting is to be held, and at not less than three other
4-13 separate, prominent places within the jurisdiction of the public body
4-14 not later than 9 a.m. of the third working day before the meeting;
4-15 and
4-16 (b) [Mailing] Sending a copy of the notice to any person who
4-17 has requested notice of the meetings of the public body:
4-18 (1) By mail in the same manner in which notice is required to
4-19 be mailed to a member of the public body [.] ;
4-20 (2) By electronic means if receipt of such an electronic
4-21 notice can be verified; or
4-22 (3) By the methods set forth in subparagraphs (1)
4-23 and (2).
4-24 A request for notice pursuant to this paragraph lapses 6 months
4-25 after it is made[.] and may be renewed by the requester in writing.
4-26 The public body shall inform the requester of this fact by enclosure
4-27 with , [or] notation upon or text included within the first notice sent.
4-28 [The notice] Notice requested pursuant to this paragraph must be
4-29 delivered to the postal service used by the public body or sent by
4-30 electronic means, as applicable, not later than 9 a.m. of the third
4-31 working day before the meeting.
4-32 4. [If] Except as otherwise provided in subsection 6, if a
4-33 public body maintains a website on the Internet or its successor, the
4-34 public body shall post notice of each of its meetings on its website
4-35 unless the public body is unable to do so because of technical
4-36 problems relating to the operation or maintenance of its website.
4-37 Notice posted pursuant to this subsection is supplemental to and is
4-38 not a substitute for the minimum public notice required pursuant to
4-39 subsection 3.
4-40 5. The provisions of subsection 3 do not prohibit a public
4-41 body that is not a governing board from:
4-42 (a) Providing public notice which exceeds the requirements of
4-43 that subsection; or
4-44 (b) Providing any additional public notice which is described
4-45 in subsection 6.
5-1 6. Minimum public notice for a public body that is a
5-2 governing board is:
5-3 (a) Posting a copy of the notice at the principal office of the
5-4 public body or, if there is no principal office, at the building in
5-5 which the meeting is to be held, and at not less than three other
5-6 separate, prominent places within the jurisdiction of the public
5-7 body not later than 9 a.m. of the third working day before the
5-8 meeting;
5-9 (b) Posting a copy of the notice on a public website on the
5-10 Internet or its successor, if any, not later than 9 a.m. of the third
5-11 working day before the meeting; and
5-12 (c) Sending a copy of the notice to any person who has
5-13 requested notice of the meetings of the public body:
5-14 (1) By mail in the same manner in which notice is required
5-15 to be mailed to a member of the public body;
5-16 (2) By electronic means if receipt of such an electronic
5-17 notice can be verified; or
5-18 (3) By the methods set forth in subparagraphs (1)
5-19 and (2).
5-20 A request for notice pursuant to this paragraph lapses 6 months
5-21 after it is made and may be renewed by the requester in writing or
5-22 by electronic means. The public body shall inform the requester of
5-23 this fact by enclosure with, notation upon or text included within
5-24 the first notice sent. Notice requested pursuant to this paragraph
5-25 must be delivered to the postal service used by the public body or
5-26 sent by electronic means, as applicable, not later than 9 a.m. of the
5-27 third working day before the meeting.
5-28 7. The inability of a public body other than a public body that
5-29 is a governing board to post notice of a meeting pursuant to [this]
5-30 subsection 4 as a result of technical problems with its website shall
5-31 not be deemed to be a violation of the provisions of this chapter.
5-32 [5.] 8. Upon any request, a public body shall provide, at no
5-33 charge, at least one copy of:
5-34 (a) An agenda for a public meeting;
5-35 (b) A proposed ordinance or regulation which will be discussed
5-36 at the public meeting; and
5-37 (c) Any other supporting material provided to the members of
5-38 the public body for an item on the agenda, except materials:
5-39 (1) Submitted to the public body pursuant to a nondisclosure
5-40 or confidentiality agreement;
5-41 (2) Pertaining to the closed portion of such a meeting of the
5-42 public body; or
5-43 (3) Declared confidential by law.
6-1 [6.] 9. As used in this section, “emergency” means an
6-2 unforeseen circumstance which requires immediate action and
6-3 includes, but is not limited to:
6-4 (a) Disasters caused by fire, flood, earthquake or other natural
6-5 causes; or
6-6 (b) Any impairment of the health and safety of the public.
6-7 Sec. 3. NRS 241.035 is hereby amended to read as follows:
6-8 241.035 1. Each public body shall keep written minutes of
6-9 each of its meetings, including:
6-10 (a) The date, time and place of the meeting.
6-11 (b) Those members of the public body who were present and
6-12 those who were absent.
6-13 (c) The substance of all matters proposed, discussed or decided
6-14 and, at the request of any member, a record of each member’s vote
6-15 on any matter decided by vote.
6-16 (d) The substance of remarks made by any member of the
6-17 general public who addresses the public body if he requests that the
6-18 minutes reflect his remarks or, if he has prepared written remarks, a
6-19 copy of his prepared remarks if he submits a copy for inclusion.
6-20 (e) Any other information which any member of the public body
6-21 requests to be included or reflected in the minutes.
6-22 2. [Minutes] Except as otherwise provided in this subsection,
6-23 minutes of public meetings are public records[. Minutes or
6-24 audiotape recordings of the meetings] and must be [made] :
6-25 (a) Made available for inspection by the public ; and
6-26 (b) If the public body is a public body that is a governing
6-27 board, posted on a public website on the Internet or its successor,
6-28 if any,
6-29 within 30 working days after the adjournment of the meeting at
6-30 which the minutes were taken [.] or, if the meeting was a meeting
6-31 of a public body that is a governing board, upon adoption and
6-32 approval of the minutes by the public body. The minutes shall be
6-33 deemed to have permanent value and must be retained by the public
6-34 body on the public website, if applicable, for at least 1 year and at
6-35 the office of the public body for at least 5 years[.] after the
6-36 adjournment of the meeting at which the minutes were taken.
6-37 Thereafter, the minutes may be transferred for archival preservation
6-38 in accordance with NRS 239.080 to 239.125, inclusive. Minutes of
6-39 meetings closed pursuant to NRS 241.030 become public records
6-40 when the public body determines that the matters discussed no
6-41 longer require confidentiality and the person whose character,
6-42 conduct, competence or health was discussed has consented to their
6-43 disclosure. That person is entitled to a copy of the minutes upon
6-44 request whether or not [they] the minutes become public records.
7-1 3. All or part of any meeting of a public body may be recorded
7-2 on audiotape or any other means of sound or video reproduction by
7-3 a member of the general public if it is a public meeting so long as
7-4 this in no way interferes with the conduct of the meeting.
7-5 4. Each public body that is not a governing board may , and,
7-6 except as otherwise provided in NRS 360.130, each public body
7-7 that is a governing board shall, record on audiotape or any other
7-8 means of sound reproduction each of its meetings, whether public or
7-9 closed. [If] An audio recording of a meeting [is so recorded:
7-10 (a) The record must] :
7-11 (a) Must be retained by the public body for at least [1 year] 3
7-12 years after the adjournment of the meeting at which it was recorded.
7-13 (b) [The record of a public meeting is] Except as otherwise
7-14 provided in this paragraph, is a public record and must be made
7-15 available for inspection by the public [during the time the record is
7-16 retained.
7-17 Any record made pursuant to this subsection must] within 10
7-18 working days after the adjournment of the meeting at which it was
7-19 recorded. An audio recording of any portion of a meeting that is
7-20 closed pursuant to NRS 241.030 becomes a public record when the
7-21 public body determines that the matters discussed no longer
7-22 require confidentiality and the person whose character, conduct,
7-23 competence or health was discussed has consented to its
7-24 disclosure. That person is entitled to a copy of the audio recording
7-25 upon request whether or not the recording becomes a public
7-26 record.
7-27 (c) Must be made available to the Attorney General upon
7-28 request.
7-29 [5. If a public body elects to record a public meeting pursuant
7-30 to the provisions of subsection 4, any portion of that meeting which
7-31 is closed must also be recorded and must be retained and made
7-32 available for inspection pursuant to the provisions of subsection 2
7-33 relating to records of closed meetings. Any record made pursuant to
7-34 this subsection must be made available to the Attorney General
7-35 upon request.]
7-36 Sec. 4. NRS 1A.100 is hereby amended to read as follows:
7-37 1A.100 1. A system of retirement providing benefits for the
7-38 retirement, disability or death of all justices of the Supreme Court
7-39 and district judges and funded on an actuarial reserve basis is hereby
7-40 established and must be known as the Judicial Retirement System.
7-41 2. The System consists of the Judicial Retirement Plan and the
7-42 provisions set forth in NRS 2.060 to 2.083, inclusive, and 3.090 to
7-43 3.099, inclusive, for providing benefits to justices of the Supreme
7-44 Court or district judges who served either as a justice of the
7-45 Supreme Court or district judge before November 5, 2002. Each
8-1 justice of the Supreme Court or district judge who is not a member
8-2 of the Public Employees’ Retirement System is a member of the
8-3 System.
8-4 3. The official correspondence and records, other than the files
8-5 of individual members of the System or retired justices or judges,
8-6 and , except as otherwise provided in NRS 241.035, the minutes ,
8-7 audio recordings and books of the System are public records and
8-8 are available for public inspection.
8-9 4. The System must be administered exclusively by the Board,
8-10 which shall make all necessary rules and regulations for the
8-11 administration of the System. The rules must include, without
8-12 limitation, rules relating to the administration of the retirement plans
8-13 in accordance with federal law. The Legislature shall regularly
8-14 review the System.
8-15 Sec. 5. NRS 231.090 is hereby amended to read as follows:
8-16 231.090 The Executive Director of the Commission on
8-17 Economic Development shall direct and supervise all its
8-18 administrative and technical activities, including coordinating its
8-19 plans for economic development, promoting the production of
8-20 motion pictures, scheduling the Commission’s programs, analyzing
8-21 the effectiveness of those programs and associated expenditures, and
8-22 cooperating with other governmental agencies which have programs
8-23 related to economic development. In addition to other powers and
8-24 duties, the Executive Director:
8-25 1. Shall attend all meetings of the Commission and act as its
8-26 Secretary, keeping minutes and audio recordings of its proceedings.
8-27 2. Shall report regularly to the Commission concerning the
8-28 administration of its policies and programs.
8-29 3. Shall report annually to the Governor and the Commission
8-30 regarding the work of the Commission and may make such special
8-31 reports as he considers desirable to the Governor.
8-32 4. May perform any other lawful acts which he considers
8-33 desirable to carry out the provisions of NRS 231.020 to 231.130,
8-34 inclusive.
8-35 Sec. 6. NRS 231.220 is hereby amended to read as follows:
8-36 231.220 The Executive Director of the Commission on
8-37 Tourism shall direct and supervise all its administrative and
8-38 technical activities, including coordinating its plans for tourism and
8-39 publications, scheduling its programs, analyzing the effectiveness of
8-40 those programs and associated expenditures, and cooperating with
8-41 other governmental agencies which have programs related to travel
8-42 and tourism. In addition to other powers and duties, the Executive
8-43 Director:
8-44 1. Shall attend all meetings of the Commission and act as its
8-45 Secretary, keeping minutes and audio recordings of its proceedings.
9-1 2. Shall report regularly to the Commission concerning the
9-2 administration of its policies and programs.
9-3 3. Shall serve as the Director of the Division of Tourism.
9-4 4. Shall appoint the Administrator of the Division of
9-5 Publications.
9-6 5. May perform any other lawful acts which he considers
9-7 necessary to carry out the provisions of NRS 231.160 to 231.360,
9-8 inclusive.
9-9 Sec. 7. NRS 233A.065 is hereby amended to read as follows:
9-10 233A.065 The Executive Director of the Commission shall:
9-11 1. Be jointly responsible to the Governor and the Commission.
9-12 2. Direct and supervise all the technical and administrative
9-13 activities of the Commission.
9-14 3. Attend all Commission meetings and act as Secretary,
9-15 keeping minutes and audio recordings of the proceedings.
9-16 4. Report to the Governor and the Commission all matters
9-17 concerning the administration of his office. He shall request the
9-18 advice of the Commission regarding matters of policy, but he is
9-19 responsible, unless otherwise provided by law, for the conduct of
9-20 the administrative functions of the Commission Office.
9-21 5. Compile, for Commission approval and submission to the
9-22 Governor, a biennial report regarding the work of the Commission
9-23 and such other matters as he may consider desirable.
9-24 6. Serve as contracting officer to receive [funds] money from
9-25 the Federal Government or other sources for such studies as the
9-26 Commission deems necessary.
9-27 7. Attend all meetings of any special study committee
9-28 appointed by the Governor pursuant to this chapter and act as
9-29 Secretary, keeping minutes and audio recordings of the
9-30 proceedings.
9-31 8. Perform any lawful act which he considers necessary or
9-32 desirable to carry out the purposes and provisions of this chapter.
9-33 Sec. 8. NRS 233B.061 is hereby amended to read as follows:
9-34 233B.061 1. All interested persons must be afforded a
9-35 reasonable opportunity to submit data, views or arguments upon a
9-36 proposed regulation, orally or in writing.
9-37 2. Before holding the public hearing required pursuant to
9-38 subsection 3, an agency shall conduct at least one workshop to
9-39 solicit comments from interested persons on one or more general
9-40 topics to be addressed in a proposed regulation. If the agency is a
9-41 board, commission or other similar body, at least one member of
9-42 the body must be present at each such workshop, if practicable.
9-43 Not less than 15 days before the workshop, the agency shall provide
9-44 notice of the time and place set for the workshop:
10-1 (a) In writing to each person who has requested to be placed on
10-2 a mailing list; and
10-3 (b) In any other manner reasonably calculated to provide such
10-4 notice to the general public and any business that may be affected
10-5 by a proposed regulation which addresses the general topics to be
10-6 considered at the workshop.
10-7 3. With respect to substantive regulations, the agency shall set
10-8 a time and place for an oral public hearing, but if no one appears
10-9 who will be directly affected by the proposed regulation and
10-10 requests an oral hearing, the agency may proceed immediately to act
10-11 upon any written submissions. The agency shall consider fully all
10-12 written and oral submissions respecting the proposed regulation.
10-13 4. The agency shall keep, retain and make available for public
10-14 inspection written minutes and an audio recording of each public
10-15 hearing held pursuant to subsection 3 in the manner provided in
10-16 [subsections 1 and 2 of NRS 241.035.
10-17 5. The agency may record each public hearing held pursuant to
10-18 subsection 3 and make those recordings available for public
10-19 inspection in the manner provided in subsection 4 of] NRS 241.035.
10-20 Sec. 9. NRS 244A.611 is hereby amended to read as follows:
10-21 244A.611 1. The board shall choose one of its members as
10-22 chairman and one of its members as vice chairman, and shall elect a
10-23 secretary and a treasurer, who may be members of the board. The
10-24 secretary and the treasurer may be one person.
10-25 2. The secretary shall keep[,] audio recordings of all meetings
10-26 and, in a well-bound book, a record of all of the proceedings of the
10-27 board, minutes of all meetings, certificates, contracts, bonds given
10-28 by employees, and all other acts of the board. [The] Except as
10-29 otherwise provided in NRS 241.035, the minute book , audio
10-30 recordings and records [shall] must be open to the inspection of all
10-31 owners of real property in the county as well as to all other
10-32 interested persons, at all reasonable times and places.
10-33 3. The treasurer shall keep, in permanent records, strict and
10-34 accurate accounts of all money received by and disbursed for and on
10-35 behalf of the board and the county. He shall file with the county
10-36 clerk, at county expense, a corporate fidelity bond in an amount not
10-37 less than $5,000, conditioned for the faithful performance of his
10-38 duties.
10-39 Sec. 10. NRS 266.250 is hereby amended to read as follows:
10-40 266.250 1. The deliberations, sessions and proceedings of the
10-41 city council must be public.
10-42 2. The city council shall keep written minutes and audio
10-43 recordings of its own proceedings as required pursuant to NRS
10-44 241.035. The yeas and nays must be taken upon the passage of all
10-45 ordinances, and all propositions to create any liability against the
11-1 city, or to grant, deny, increase, decrease, abolish or revoke licenses,
11-2 and in all other cases at the request of any member of the city
11-3 council or of the mayor, which yeas and nays must be entered in the
11-4 minutes of its proceedings.
11-5 3. The affirmative vote of a majority of all the members elected
11-6 to the city council is necessary to pass any such ordinance or
11-7 proposition.
11-8 Sec. 11. NRS 278.290 is hereby amended to read as follows:
11-9 278.290 1. Meetings of the board [shall] must be held at the
11-10 call of the chairman and at such other times as the board may
11-11 determine. The chairman, or in his absence the acting chairman,
11-12 may administer oaths and compel the attendance of witnesses. All
11-13 meetings of the board [shall] must be open to the public.
11-14 2. The board shall adopt rules in accordance with the
11-15 provisions of any ordinance adopted pursuant to NRS 278.010 to
11-16 278.630, inclusive.
11-17 3. The board shall keep minutes of its proceedings, showing
11-18 the vote of each member upon each question, or, if absent or failing
11-19 to vote, indicating such fact, and audio recordings of its
11-20 proceedings, and shall keep records of its examinations and other
11-21 official actions, all of which [shall] must be filed immediately in the
11-22 office of the board and [shall be a public record.] , except as
11-23 otherwise provided in NRS 241.035, are public records.
11-24 Sec. 12. NRS 284.050 is hereby amended to read as follows:
11-25 284.050 1. The Governor shall designate one of the members
11-26 of the Commission as Chairman of the Commission.
11-27 2. The Director shall act as the nonvoting recording Secretary
11-28 of the Commission. He shall keep the minutes and audio recordings
11-29 of the proceedings of the Commission.
11-30 Sec. 13. NRS 284.055 is hereby amended to read as follows:
11-31 284.055 1. The members of the Commission may meet at the
11-32 times and places specified by the call of the Chairman or a majority
11-33 of the Commission, but a meeting of the Commission must be held
11-34 regularly at least once every 3 months.
11-35 2. Three members of the Commission constitute a quorum. A
11-36 quorum may exercise any power conferred on the Commission, but
11-37 no regulations may be adopted, amended or rescinded except by a
11-38 majority vote of the entire membership of the Commission.
11-39 3. The Commission shall keep minutes and audio recordings
11-40 of the transactions of each meeting. [The] Except as otherwise
11-41 provided in NRS 241.035, the minutes and audio recordings are
11-42 public records and must be filed with the Department.
11-43 Sec. 14. NRS 286.110 is hereby amended to read as follows:
11-44 286.110 1. A system of retirement providing benefits for the
11-45 retirement, disability or death of employees of public employers and
12-1 funded on an actuarial reserve basis is hereby established and must
12-2 be known as the Public Employees’ Retirement System. The System
12-3 is a public agency supported by administrative fees transferred from
12-4 the retirement funds. The Executive and Legislative Departments of
12-5 the State Government shall regularly review the System.
12-6 2. The System is entitled to use any services provided to state
12-7 agencies and shall use the services of the Purchasing Division of the
12-8 Department of Administration, but is not required to use any other
12-9 service. The purpose of this subsection is to provide to the Board the
12-10 necessary autonomy for an efficient and economic administration of
12-11 the System and its program.
12-12 3. The official correspondence and records, other than the files
12-13 of individual members or retired employees, and , except as
12-14 otherwise provided in NRS 241.035, the minutes , audio recordings
12-15 and books of the System are public records and are available for
12-16 public inspection.
12-17 4. The respective participating public employers are not liable
12-18 for any obligation of the System.
12-19 Sec. 15. NRS 287.0438 is hereby amended to read as follows:
12-20 287.0438 Except for the files of individual members and
12-21 former members, the correspondence, files, minutes , audio
12-22 recordings and books of the Program are , except as otherwise
12-23 provided in NRS 241.035, public records.
12-24 Sec. 16. NRS 318.085 is hereby amended to read as follows:
12-25 318.085 Except as otherwise provided in NRS 318.0953 and
12-26 318.09533:
12-27 1. After taking oaths and filing bonds, the board shall choose
12-28 one of its members as chairman of the board and president of the
12-29 district, and shall elect a secretary and a treasurer of the board and
12-30 of the district, who may or may not be members of the board. The
12-31 secretary and the treasurer may be one person.
12-32 2. The board shall adopt a seal.
12-33 3. The secretary shall keep[,] audio recordings of all meetings
12-34 and, in a well-bound book, a record of all of the board’s
12-35 proceedings, minutes of all meetings, any certificates, contracts,
12-36 bonds given by employees and all corporate acts. [This] Except as
12-37 otherwise provided in NRS 241.035, the book , audio recordings
12-38 and records must be open to inspection of all owners of real
12-39 property in the district as well as to all other interested persons.
12-40 4. The treasurer shall keep strict and accurate accounts of all
12-41 money received by and disbursed for and on behalf of the district in
12-42 permanent records. He shall file with the county clerk, at the
12-43 expense of the district, a corporate surety bond in an amount not
12-44 more than $50,000, the form and exact amount thereof to be
12-45 approved and determined, respectively, by the board of county
13-1 commissioners, conditioned for the faithful performance of the
13-2 duties of his office. Any other officer or trustee who actually
13-3 receives or disburses money of the district shall furnish a bond as
13-4 provided in this subsection. The board of county commissioners
13-5 may, upon good cause shown, increase or decrease the amount of
13-6 that bond.
13-7 5. Each member of a board of trustees of a district organized or
13-8 reorganized pursuant to this chapter may receive as compensation
13-9 for his service not more than $6,000 per year, payable monthly, if
13-10 the budget is adequate and a majority of the members of the board
13-11 vote in favor of such compensation, but no member of the board
13-12 may receive any other compensation for his service to the district as
13-13 an employee or otherwise. A member of the board is not entitled to
13-14 receive as compensation more than $1,800 per year if the additional
13-15 compensation is approved during the term of the member.
13-16 Sec. 16.5. NRS 360.130 is hereby amended to read as follows:
13-17 360.130 1. The Executive Director shall:
13-18 (a) Keep full and correct records of all transactions and
13-19 proceedings of the Nevada Tax Commission, the State Board of
13-20 Equalization and the Department. Notwithstanding the provisions
13-21 of NRS 241.035, the Nevada Tax Commission, the State Board of
13-22 Equalization and the Department are not required to record a
13-23 meeting on audiotape or any other means of sound reproduction,
13-24 provided that the meeting is transcribed in its entirety by a court
13-25 reporter who is certified pursuant to chapter 656 of NRS.
13-26 (b) Perform such other duties as may be required.
13-27 2. The Nevada Tax Commission shall have the power to
13-28 authorize the Executive Director or any other officer of the
13-29 Department to hold hearings or make investigations, and upon any
13-30 such hearing , the Executive Director or officer shall have the
13-31 authority to examine books, compel the attendance of witnesses,
13-32 administer oaths and conduct investigations.
13-33 Sec. 17. NRS 361.365 is hereby amended to read as follows:
13-34 361.365 1. Each county board of equalization shall, at the
13-35 expense of the county, cause complete minutes and an audio
13-36 recording to be taken at each hearing. [These] In addition to the
13-37 requirements of NRS 241.035, these minutes must include the title
13-38 of all exhibits, papers, reports and other documentary evidence
13-39 submitted to the county board of equalization by the complainant.
13-40 The clerk of the county board of equalization shall forward the
13-41 minutes and audio recordings to the Secretary of the State Board of
13-42 Equalization.
13-43 2. If a transcript of any hearing held before the county board of
13-44 equalization is requested by the complainant, he shall furnish the
13-45 reporter, pay for the transcript and deliver a copy of the transcript to
14-1 the clerk of the county board of equalization and the Secretary of the
14-2 State Board of Equalization upon filing an appeal.
14-3 Sec. 18. NRS 380.050 is hereby amended to read as follows:
14-4 380.050 1. The members of the board of law library trustees
14-5 shall appoint one of their number as president.
14-6 2. They shall elect a secretary who shall:
14-7 (a) Keep a full statement and account of all property, money,
14-8 receipts and expenditures of the board, unless the board delegates
14-9 that duty.
14-10 (b) Keep a record , [and] full minutes in writing and an audio
14-11 recording of all proceedings of the board. The secretary may certify
14-12 to such proceedings, or any part thereof, under his hand.
14-13 3. The board of law library trustees, by a majority vote
14-14 recorded in the minutes with ayes and noes at length, may:
14-15 (a) Define the powers and prescribe the duties of any and all
14-16 officers;
14-17 (b) Determine the number and elect all necessary subordinate
14-18 officers and assistants;
14-19 (c) Remove, at its pleasure, any officer or assistant; and
14-20 (d) Fix the salaries of the secretary and other subordinate
14-21 officers and assistants.
14-22 Sec. 19. NRS 384.070 is hereby amended to read as follows:
14-23 384.070 1. The Commission may establish and maintain an
14-24 office in Virginia City, Storey County, Nevada, in which , except as
14-25 otherwise provided in NRS 241.035, there [shall] must be at all
14-26 times open to public inspection a complete record of applications for
14-27 certificates of appropriateness and their disposition, minutes and
14-28 audio recordings of the Commission’s meetings, and any
14-29 regulations adopted by the Commission.
14-30 2. The Commission shall maintain a library in the office for the
14-31 purpose of guiding applicants in their design or embellishment of
14-32 the exterior of their buildings, new or remodeled. The library [shall]
14-33 must consist of, but not be limited to, documents, paintings,
14-34 photographs, drawings and histories descriptive of the period which
14-35 are deemed appropriate guidelines to the applicant. A card index
14-36 system [shall] must also be made and maintained for reference to
14-37 more comprehensive information in libraries other than the one
14-38 maintained by the Commission.
14-39 Sec. 20. NRS 386.325 is hereby amended to read as follows:
14-40 386.325 The clerk shall:
14-41 1. Keep the minutes and audio recordings of all meetings and
14-42 transactions of the board of trustees.
14-43 2. Subject to the written direction of the board of trustees, draw
14-44 all orders for the payment of moneys belonging to the school
14-45 district.
15-1 Sec. 21. NRS 417.160 is hereby amended to read as follows:
15-2 417.160 1. The Nevada Veterans’ Services Commission shall
15-3 annually choose one of its members to serve as Chairman and one of
15-4 its members to serve as Vice Chairman.
15-5 2. The Executive Director shall provide for the preparation and
15-6 maintenance of written minutes for and an audio recording of each
15-7 meeting of the Veterans’ Services Commission.
15-8 3. Members of the Veterans’ Services Commission are entitled
15-9 to receive:
15-10 (a) A salary of not more than $80 per day, as fixed by the
15-11 Executive Director, while engaged in the business of the
15-12 Commission.
15-13 (b) A subsistence allowance of not more than $56 per day, as
15-14 fixed by the Executive Director, and actual expenses for
15-15 transportation, while traveling on business of the Commission.
15-16 Sec. 22. NRS 422.110 is hereby amended to read as follows:
15-17 422.110 1. The members of the Board shall meet twice each
15-18 calendar year to consider any issues related to public assistance and
15-19 other programs for which the Welfare Division is responsible that
15-20 may be of importance to members of the general public, the
15-21 Governor or the Welfare Division, at such places as the Board,
15-22 the Chairman of the Board, the State Welfare Administrator or the
15-23 Director deems appropriate.
15-24 2. Four members of the Board constitute a quorum, and a
15-25 quorum may exercise all the power and authority conferred on the
15-26 Board.
15-27 3. The Board shall:
15-28 (a) At least 45 days before the date it holds a meeting, provide
15-29 public notice of the date, time and location of the meeting, in
15-30 addition to the notice required pursuant to NRS 241.020.
15-31 (b) Keep minutes of all meetings of the Board, which must
15-32 include records of testimony and written comments presented to the
15-33 Board, and audio recordings of all meetings of the Board and file
15-34 the minutes and audio recordings with the Welfare Division. [The]
15-35 Except as otherwise provided in NRS 241.035, the minutes and
15-36 audio recordings must be maintained as public records.
15-37 Sec. 23. NRS 422.224 is hereby amended to read as follows:
15-38 422.224 1. Before adopting, amending or repealing any
15-39 regulation for the administration of a program of public assistance
15-40 or any other program for which the Welfare Division is responsible,
15-41 the State Welfare Administrator shall give at least 30 days’ notice of
15-42 his intended action.
15-43 2. The notice of intent to act upon a regulation must:
15-44 (a) Include a statement of the need for and purpose of the
15-45 proposed regulation, and either the terms or substance of the
16-1 proposed regulation or a description of the subjects and issues
16-2 involved, and of the time when, the place where[,] and the manner
16-3 in which, interested persons may present their views thereon.
16-4 (b) Include a statement identifying the entities that may be
16-5 financially affected by the proposed regulation and the potential
16-6 financial impact, if any, upon local government.
16-7 (c) State each address at which the text of the proposed
16-8 regulation may be inspected and copied.
16-9 (d) Be mailed to all persons who have requested in writing that
16-10 they be placed upon a mailing list, which must be kept by the State
16-11 Welfare Administrator for that purpose.
16-12 3. All interested persons must be afforded a reasonable
16-13 opportunity to submit data, views or arguments upon a proposed
16-14 regulation, orally or in writing. The State Welfare Administrator
16-15 shall consider fully all oral and written submissions relating to the
16-16 proposed regulation.
16-17 4. The State Welfare Administrator shall keep, retain and make
16-18 available for public inspection written minutes and an audio
16-19 recording of each public hearing held pursuant to this section in the
16-20 manner provided in [subsections 1 and 2 of NRS 241.035.
16-21 5. The State Welfare Administrator may record each public
16-22 hearing held pursuant to this section and make those recordings
16-23 available for public inspection in the manner provided in subsection
16-24 4 of] NRS 241.035.
16-25 [6.] 5. No objection to any regulation on the ground of
16-26 noncompliance with the procedural requirements of this section may
16-27 be made more than 2 years after its effective date.
16-28 Sec. 24. NRS 422.2369 is hereby amended to read as follows:
16-29 422.2369 1. Before adopting, amending or repealing any
16-30 regulation for the administration of a program of public assistance
16-31 or any other program for which the Division of Health Care
16-32 Financing and Policy is responsible, the Administrator shall give at
16-33 least 30 days’ notice of his intended action.
16-34 2. The notice of intent to act upon a regulation must:
16-35 (a) Include a statement of the need for and purpose of the
16-36 proposed regulation, and either the terms or substance of the
16-37 proposed regulation or a description of the subjects and issues
16-38 involved, and of the time when, the place where[,] and the manner
16-39 in which, interested persons may present their views thereon.
16-40 (b) Include a statement identifying the entities that may be
16-41 financially affected by the proposed regulation and the potential
16-42 financial impact, if any, upon local government.
16-43 (c) State each address at which the text of the proposed
16-44 regulation may be inspected and copied.
17-1 (d) Be mailed to all persons who have requested in writing that
17-2 they be placed upon a mailing list, which must be kept by the
17-3 Administrator for that purpose.
17-4 3. All interested persons must be afforded a reasonable
17-5 opportunity to submit data, views or arguments upon a proposed
17-6 regulation, orally or in writing. The Administrator shall consider
17-7 fully all oral and written submissions relating to the proposed
17-8 regulation.
17-9 4. The Administrator shall keep, retain and make available for
17-10 public inspection written minutes and an audio recording of each
17-11 public hearing held pursuant to this section in the manner provided
17-12 in [subsections 1 and 2 of NRS 241.035.
17-13 5. The Administrator may record each public hearing held
17-14 pursuant to this section and make those recordings available for
17-15 public inspection in the manner provided in subsection 4 of]
17-16 NRS 241.035.
17-17 [6.] 5. An objection to any regulation on the ground of
17-18 noncompliance with the procedural requirements of this section may
17-19 not be made more than 2 years after its effective date.
17-20 Sec. 25. NRS 451.370 is hereby amended to read as follows:
17-21 451.370 The Committee shall keep full and complete minutes
17-22 and an audio recording of each meeting of the Committee and a
17-23 complete record of all dead human bodies received and distributed
17-24 by it and of the persons to whom the bodies may be distributed. The
17-25 minutes , audio recordings and records must be open at all times to
17-26 the inspection of each member of the Committee and of the district
17-27 attorney of any county within the State. A report of the activities of
17-28 the Committee must be made before September 1 of each even-
17-29 numbered year covering the biennium ending June 30 of such year
17-30 to the Presidents of the University and Community College System
17-31 of Nevada and to the State Board of Health. One of the members of
17-32 the Committee from the University and Community College System
17-33 of Nevada must act as Secretary and [shall be] is responsible for
17-34 preparing and maintaining a complete file of such minutes , audio
17-35 recordings and records.
17-36 Sec. 26. NRS 497.220 is hereby amended to read as follows:
17-37 497.220 1. The board of adjustment shall adopt rules in
17-38 accordance with the provisions of the ordinance or resolution by
17-39 which it was created.
17-40 2. Meetings of the board [shall] must be held at the call of the
17-41 chairman and at such other times as the board may determine.
17-42 3. The chairman, or in his absence the acting chairman, may
17-43 administer oaths and compel the attendance of witnesses.
17-44 4. All hearings of the board [shall] must be public.
17-45 5. The board shall:
18-1 (a) Keep minutes of its proceedings, showing the vote of each
18-2 member upon each question, or, if absent or failing to vote,
18-3 indicating such fact[.] , and audio recordings of its proceedings.
18-4 (b) Keep records of its examinations and other official actions,
18-5 all of which [shall] must immediately be filed in the office of the
18-6 board and [shall be a public record.] are public records.
18-7 Sec. 27. NRS 513.043 is hereby amended to read as follows:
18-8 513.043 1. The members of the Commission shall select a
18-9 Chairman from among their number who shall serve at the pleasure
18-10 of the Commission.
18-11 2. The Administrator shall serve as Secretary of the
18-12 Commission and shall keep the minutes and audio recordings of its
18-13 proceedings.
18-14 Sec. 28. NRS 513.053 is hereby amended to read as follows:
18-15 513.053 1. The Commission shall meet at such times and at
18-16 such places as is specified by the call of the Chairman or a majority
18-17 of the Commission, but a meeting of the Commission must be held
18-18 at least once every 4 months. In case of emergency, special meetings
18-19 may be called by the Chairman or by the Administrator.
18-20 2. Four members of the Commission constitute a quorum for
18-21 transacting the business of the Commission.
18-22 3. The minutes and audio recordings of each meeting of the
18-23 Commission must be filed with the Division.
18-24 Sec. 29. NRS 541.110 is hereby amended to read as follows:
18-25 541.110 1. Each director before entering upon his official
18-26 duties shall take and subscribe to an oath, before a person authorized
18-27 to administer oaths, that he will support the Constitutions of the
18-28 United States and the State of Nevada and will honestly, faithfully
18-29 and impartially perform the duties of his office.
18-30 2. Upon taking oath, the board shall choose one of their
18-31 number chairman of the board and president of the district, and shall
18-32 elect some suitable person secretary of the board and of the district,
18-33 who may or may not be a member of the board. The board shall
18-34 adopt a seal and shall keep audio recordings of all meetings and, in
18-35 a well-bound book , a record of all its proceedings, minutes of all
18-36 meetings, certificates, contracts, bonds given by employees and all
18-37 corporate acts, which , except as otherwise provided in NRS
18-38 241.035, must be open to inspection of all owners of property in the
18-39 district, as well as to all other interested persons.
18-40 3. Each member of the board is entitled to receive as
18-41 compensation for his service such sum as may be ordered by the
18-42 board, not in excess of the sum of $80 per day and actual traveling
18-43 expenses for each day spent attending meetings of the board or
18-44 while engaged in official business under the order of the board.
19-1 Sec. 30. NRS 543.330 is hereby amended to read as follows:
19-2 543.330 1. The board shall meet in July of each year to
19-3 organize and choose one of its members as chairman of the board
19-4 and president of the district, and elect a secretary of the board and of
19-5 the district, who may or may not be a member of the board.
19-6 2. The county treasurer is the treasurer of the board and of the
19-7 district.
19-8 3. The secretary shall keep[,] audio recordings of all meetings
19-9 and, in a well-bound book, a record of all of the board’s
19-10 proceedings, minutes of all meetings, certificates, contracts, bonds
19-11 given by employees, and all corporate acts, which , except as
19-12 otherwise provided in NRS 241.035, must be open to inspection by
19-13 all owners of real property in the district as well as other interested
19-14 persons.
19-15 4. The treasurer shall keep strict and accurate accounts of all
19-16 money received by and disbursed for and on behalf of the district[,]
19-17 in permanent records.
19-18 5. No member of the board may receive compensation for his
19-19 services, but members may be reimbursed for their necessary
19-20 expenses in attending district meetings and for necessary expenses
19-21 incurred in traveling within and without the State when required to
19-22 carry out the affairs of the district.
19-23 Sec. 31. NRS 561.085 is hereby amended to read as follows:
19-24 561.085 1. The Board shall elect one of its members as
19-25 Chairman of the Board.
19-26 2. The Director shall act as the nonvoting recording Secretary
19-27 of the Board and shall keep the minutes and audio recordings of the
19-28 proceedings of the Board.
19-29 Sec. 32. NRS 561.095 is hereby amended to read as follows:
19-30 561.095 1. The members of the Board may meet at such
19-31 times and at such places as may be specified by the call of the
19-32 Chairman or a majority of the Board , and a meeting of the Board
19-33 may be held regularly at least once every 3 months. In case of an
19-34 emergency, special meetings may be called by the Chairman or by
19-35 the Director.
19-36 2. Six members of the Board constitute a quorum. A quorum
19-37 may exercise all the authority conferred on the Board.
19-38 3. Minutes and audio recordings of each meeting, regular or
19-39 special, must be filed with the Department and , except as otherwise
19-40 provided in NRS 241.035, are public records.
19-41 Sec. 33. NRS 563.191 is hereby amended to read as follows:
19-42 563.191 1. The Council shall elect a Chairman from among
19-43 its members. A Chairman may only succeed himself as Chairman
19-44 twice.
20-1 2. The Council shall elect a Secretary-Treasurer who may be
20-2 from among its members. The Secretary-Treasurer shall keep the
20-3 minutes and audio recordings of the proceedings of the Council and
20-4 prepare an annual report of the Council’s activities, receipts and
20-5 expenditures.
20-6 Sec. 34. NRS 590.505 is hereby amended to read as follows:
20-7 590.505 1. The Board may adopt a seal for its own use which
20-8 must have imprinted thereon the words “Board for the Regulation of
20-9 Liquefied Petroleum Gas.” The care and custody of the seal is the
20-10 responsibility of the Secretary-Treasurer of the Board.
20-11 2. The Board may appoint an Executive Secretary and may
20-12 employ or, pursuant to NRS 284.173, contract with such other
20-13 technical, clerical or investigative personnel as it deems necessary.
20-14 The Board shall fix the compensation of the Executive Secretary
20-15 and all other employees and independent contractors. Such
20-16 compensation must be paid out of the money of the Board. The
20-17 Board may require the Executive Secretary and any other employees
20-18 and independent contractors to give a bond to the Board for the
20-19 faithful performance of their duties, the premiums on the bond being
20-20 paid out of the money of the Board.
20-21 3. In carrying out the provisions of NRS 590.465 to 590.645,
20-22 inclusive, and holding its regular or special meetings, the Board:
20-23 (a) Shall adopt written policies setting forth procedures and
20-24 methods of operation for the Board.
20-25 (b) May adopt such regulations as it deems necessary.
20-26 4. The Board shall submit to the Legislature and the Governor
20-27 a biennial report before September 1 of each even-numbered year,
20-28 covering the biennium ending June 30 of that year, of its
20-29 transactions during the preceding biennium, including a complete
20-30 statement of the receipts and expenditures of the Board during the
20-31 period and any complaints received by the Board.
20-32 5. The Board shall keep accurate records , [and] minutes and
20-33 audio recordings of all meetings and , except as otherwise provided
20-34 in NRS 241.035, the records , [and] minutes and audio recordings
20-35 so kept must be open to public inspection at all reasonable times.
20-36 The Board shall also keep a record of all applications for licenses,
20-37 and licenses issued by it. The record of applications and licenses is a
20-38 public record.
20-39 Secs. 35 and 36. (Deleted by amendment.)
20-40 Sec. 37. Section 3.040 of the Charter of the City of North Las
20-41 Vegas, being chapter 573, Statutes of Nevada 1971, at page 1221, is
20-42 hereby amended to read as follows:
20-43 Sec. 3.040 City Clerk: Office; duties. The City Clerk
20-44 shall:
21-1 1. Keep his office at the place of meeting of the City
21-2 Council or some other place convenient thereto, as the City
21-3 Council may direct.
21-4 2. Keep the corporate seal and all papers and records of
21-5 the City and keep a record of the proceedings of, and be the
21-6 Clerk of the City Council, whose meetings it shall be his duty
21-7 to attend. Copies of all papers filed in his office, and
21-8 transcripts from all records of the City Council certified by
21-9 him, under the corporate seal, shall be evidence in all courts
21-10 to the same effect as if the original were produced.
21-11 3. Supervise and coordinate administrative and
21-12 responsible clerical work relating to the functions of the City
21-13 Council.
21-14 4. Attend all meetings of the City Council.
21-15 5. Record votes of members of the City Council.
21-16 6. Direct the transcription and keeping of minutes and
21-17 official records and the making and keeping of audio
21-18 recordings of all City Council meetings.
21-19 7. Countersign official contracts, bonds and other
21-20 official city documents.
21-21 8. Be the custodian of all official city records, including
21-22 contract and agreement documents, resolutions, ordinances,
21-23 official minute book and the corporate seal.
21-24 9. Make arrangements for special or informal meetings
21-25 other than the regular meetings of the City Council.
21-26 10. Supervise the operation and maintenance of a central
21-27 file system for all departments of the City.
21-28 11. Supervise the recruitment of all election workers, the
21-29 printing of all ballots and tally of election returns.
21-30 12. Serve as custodian of official election records for all
21-31 city elections.
21-32 13. Administer official oaths for the City.
21-33 Sec. 38. Section 9 of the Elko Convention and Visitors
21-34 Authority Act, being chapter 227, Statutes of Nevada 1975, as last
21-35 amended by chapter 466, Statutes of Nevada 1991, at page 1363, is
21-36 hereby amended to read as follows:
21-37 Sec. 9. 1. The Board shall adopt a seal, establish a
21-38 principal place of business and adopt, and thereafter from
21-39 time to time amend, if necessary, appropriate rules and
21-40 regulations not inconsistent with this act for carrying on the
21-41 business and affairs of the Board and of the Authority. Each
21-42 member shall, upon election or acceptance of his
21-43 appointment, file with the Clerk of Elko County his oath of
21-44 office.
22-1 2. No member may receive any compensation as an
22-2 employee of the Board or otherwise, and a member of the
22-3 Board shall not be interested in any contract or transaction
22-4 with the Board except in his official representative capacity.
22-5 3. At the first meeting of the Board following each
22-6 general authority election, the Board shall choose one of its
22-7 members as Chairman and one of its members as Vice
22-8 Chairman, and shall appoint or hire a Secretary and a
22-9 Treasurer, who must not be members of the Board. The
22-10 Secretary and Treasurer may not be one person.
22-11 4. The Secretary shall keep audio recordings of all
22-12 meetings of the Board and a record of all of the proceedings
22-13 of the Board, minutes of all meetings, certificates, contracts,
22-14 bonds given by employees, and all other acts of the Board.
22-15 [The] Except as otherwise provided in NRS 241.035, the
22-16 minute book , audio recordings and records are open to the
22-17 inspection of all interested persons, at all reasonable times
22-18 and places.
22-19 5. The Treasurer shall keep, in permanent records, strict
22-20 and accurate accounts of all money received by and disbursed
22-21 for and on behalf of the Board. The Treasurer shall file with
22-22 the County Clerk, at the Authority’s expense, a corporate
22-23 fidelity bond in an amount not less than $5,000, conditioned
22-24 on the faithful performance of the duties of the Treasurer.
22-25 6. The Board shall appoint the Elko County Treasurer
22-26 and Auditor to act as Treasurer and Auditor of the Authority.
22-27 The Treasurer and Auditor may employ such persons as are
22-28 necessary to carry out the duties of the Treasurer and Auditor
22-29 of the Authority. The Board shall determine the salary of each
22-30 person employed pursuant to this subsection. The salaries and
22-31 expenses of the employees must be paid by the Board from
22-32 the money of the Authority.
22-33 7. The Board shall meet regularly at a time and in a
22-34 place to be designated by it. Special meetings may be held as
22-35 often as the needs of the Board require, on notice to each
22-36 Board member.
22-37 8. The Board may require from an officer or employee
22-38 of the Authority, except a member of the Board, sufficient
22-39 security for the faithful and honest performance of his duties.
22-40 A blanket fidelity bond or blanket position bond, or other
22-41 type of bond suitable for public employees or officers, may
22-42 be furnished at the expense of the Authority for an officer or
22-43 employee of the Authority, in an amount set by the Board and
22-44 conditioned on the faithful and honest performance of his
22-45 duties.
23-1 Sec. 39. Section 7 of the Airport Authority Act for Washoe
23-2 County, being chapter 474, Statutes of Nevada 1977, as last
23-3 amended by chapter 413, Statutes of Nevada 2001, at page 2043, is
23-4 hereby amended to read as follows:
23-5 Sec. 7. 1. The Board shall choose one of its members
23-6 as Chairman and one of its members as Vice Chairman, and
23-7 shall elect a Secretary and a Treasurer, who may be members
23-8 of the Board. The Secretary and the Treasurer may be one
23-9 person. The terms of the officers expire on July 1 of each
23-10 year.
23-11 2. Chairmen must be selected from trustees appointed by
23-12 the participating local governments in the following order:
23-13 (a) The City of Reno;
23-14 (b) The City of Sparks;
23-15 (c) Washoe County; and
23-16 (d) The County Fair and Recreation Board of Washoe
23-17 County.
23-18 3. The Secretary shall keep[,] audio recordings of all
23-19 meetings of the Board and, in a well-bound book, a record of
23-20 all of the proceedings of the Board, minutes of all meetings,
23-21 certificates, contracts, bonds given by employees, and all
23-22 other acts of the Board. [The] Except as otherwise provided
23-23 in NRS 241.035, the minute book , audio recordings and
23-24 records must be open to the inspection of all interested
23-25 persons, at all reasonable times and places.
23-26 4. The Treasurer shall keep, in permanent records, strict
23-27 and accurate accounts of all money received by and disbursed
23-28 for and on behalf of the Board and the Authority. He shall file
23-29 with the County Clerk, at Authority expense, a corporate
23-30 fidelity bond in an amount not less than $25,000, conditioned
23-31 for the faithful performance of his duties.
23-32 Sec. 40. Section 7 of the Airport Authority Act for Battle
23-33 Mountain, being chapter 458, Statutes of Nevada 1983, at page
23-34 1210, is hereby amended to read as follows:
23-35 Sec. 7. 1. The Board shall elect a Chairman, Vice
23-36 Chairman, Secretary and Treasurer, who must be members of
23-37 the Board. The Secretary and the Treasurer may be one
23-38 person. The terms of the officers expire on the date their
23-39 successors are elected and qualified in the general election.
23-40 2. The Secretary shall keep[,] audio recordings of all
23-41 meetings of the Board and, in a well-bound book, a record of
23-42 all of the proceedings of the Board, minutes of all meetings,
23-43 certificates, contracts, bonds given by employees, and all
23-44 other acts of the Board. [The] Except as otherwise provided
23-45 in NRS 241.035, the minute book , audio recordings and
24-1 records must be open to the inspection of all interested
24-2 persons, at all reasonable times and places.
24-3 3. The Treasurer shall keep, in permanent records, strict
24-4 and accurate accounts of all money received by and disbursed
24-5 for and on behalf of the Board and the Authority. He shall file
24-6 with the County Clerk, at Authority expense, a corporate
24-7 fidelity bond in an amount not less than $25,000, conditioned
24-8 for the faithful performance of his duties.
24-9 Sec. 41. Section 6 of the Airport Authority Act for Carson
24-10 City, being chapter 844, Statutes of Nevada 1989, at page 2026, is
24-11 hereby amended to read as follows:
24-12 Sec. 6. 1. The Board shall elect a Chairman, Vice
24-13 Chairman, Secretary and Treasurer from its members. The
24-14 Secretary and the Treasurer may be one person. The terms of
24-15 the officers expire on July 1 of each odd-numbered year.
24-16 2. The Secretary shall keep audio recordings of all
24-17 meetings of the Board and a record of all of the proceedings
24-18 of the Board, minutes of all meetings, certificates, contracts,
24-19 bonds given by employees, and all other acts of the Board.
24-20 [The] Except as otherwise provided in NRS 241.035, the
24-21 records must be open to the inspection of all interested
24-22 persons, at a reasonable time and place.
24-23 3. The Treasurer shall keep an accurate account of all
24-24 money received by and disbursed on behalf of the Board and
24-25 the Authority. He shall file with the Clerk of Carson City, at
24-26 the expense of the Authority, a fidelity bond in an amount not
24-27 less than $10,000, conditioned for the faithful performance of
24-28 his duties.
24-29 Sec. 42. Section 4 of the Nevada Commission for the
24-30 Reconstruction of the V & T Railway Act, being chapter 566,
24-31 Statutes of Nevada 1993, as amended by chapter 42, Statutes of
24-32 Nevada 2001, at page 401, is hereby amended to read as follows:
24-33 Sec. 4. 1. Each Commissioner appointed pursuant to
24-34 paragraph (b), (c), (d) or (e) of subsection 1 of section 3 of
24-35 this act shall file his oath of office with the clerk of the
24-36 county from which he was appointed, and all other
24-37 Commissioners shall file their oaths of office with the Clerk
24-38 of Carson City.
24-39 2. The Commissioners must serve without
24-40 compensation, but a Commissioner may be reimbursed for
24-41 expenses actually incurred by him for travel authorized by the
24-42 Commission.
24-43 3. The Commission shall elect a Chairman, Vice
24-44 Chairman, Secretary and Treasurer from among its members.
24-45 The Secretary and the Treasurer may be one person. The
25-1 terms of the officers expire on July 1 of each odd-numbered
25-2 year.
25-3 4. The Secretary shall maintain audio recordings of all
25-4 meetings of the Commission and a record of all of the
25-5 proceedings of the Commission, minutes of all meetings,
25-6 certificates, contracts and other acts of the Commission. [The]
25-7 Except as otherwise provided in NRS 241.035, the records
25-8 must be open to the inspection of all interested persons at a
25-9 reasonable time and place.
25-10 5. The Treasurer shall keep an accurate account of all
25-11 money received by and disbursed on behalf of the
25-12 Commission. He shall file with the Clerk of Carson City, at
25-13 the expense of the Commission, a fidelity bond in an amount
25-14 not less than $10,000, conditioned for the faithful
25-15 performance of his duties.
25-16 Sec. 43. Section 5 of the Nevada Commission for the
25-17 Reconstruction of the V & T Railway Act, being chapter 566,
25-18 Statutes of Nevada 1993, at page 2327, is hereby amended to read as
25-19 follows:
25-20 Sec. 5. 1. The Commission shall meet upon the call of
25-21 the Chairman or a majority of the Commissioners.
25-22 2. A majority of the Commissioners constitutes a
25-23 quorum at any meeting.
25-24 3. The governing bodies shall each make available an
25-25 appropriate meeting room and provide adequate clerical staff
25-26 and equipment to provide adequate notice of the meeting and
25-27 to produce minutes and audio recordings of the meeting and
25-28 any other assistance necessary to allow the Commission to
25-29 comply with the provisions of chapter 241 of NRS.
25-30 4. The Commission shall alternate the location of
25-31 its meetings among the facilities provided pursuant to
25-32 subsection 3.
25-33 5. A Commissioner is not personally liable for any
25-34 actions taken or omitted in good faith in the performance of
25-35 his duties pursuant to the provisions of this act.
25-36 H