Senate Bill No. 424–Committee on Commerce and Labor

 

March 24, 2003

____________

 

Referred to Committee on Government Affairs

 

SUMMARY—Revises provisions relating to composition of membership of redevelopment agency. (BDR 22‑1270)

 

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 redevelopment; providing an additional alternative procedure for the appointment of the membership of a redevelopment agency; 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 279 of NRS is hereby amended by adding

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

1-3  1.  As an alternative to the appointment of five members of the

1-4  agency pursuant to NRS 279.440 and as an alternative to the

1-5  procedures set forth in NRS 279.444:

1-6  (a) At the time of the adoption of a resolution pursuant to NRS

1-7  279.428, the legislative body may appoint not more than 11 of the

1-8  following persons as members of the agency:

1-9       (1) Resident electors of the community;

1-10          (2) Members of the legislative body; or

1-11          (3) A combination of resident electors of the community

1-12  and members of the legislative body; or

1-13      (b) At any time after the adoption of a resolution pursuant to

1-14  NRS 279.428, the legislative body may direct the mayor or other

1-15  executive officer of the city or chairman of the board of county

1-16  commissioners to appoint not more than 11 of the following

1-17  persons as members of the agency:

2-1       (1) Resident electors of the community;

2-2       (2) Members of the legislative body; or

2-3       (3) A combination of resident electors of the community

2-4  and members of the legislative body.

2-5  2.  The terms of any resident electors of the community first

2-6  appointed as members of the agency pursuant to paragraph (a) or

2-7  (b) of subsection 1 must be staggered in substantially the same

2-8  proportion as the terms of members are staggered pursuant to

2-9  NRS 279.446. The successors of the members first appointed must

2-10  be appointed for 4-year terms. Vacancies occurring during a term

2-11  must be filled for the unexpired term. A member shall hold office

2-12  until his successor is appointed and qualified.

2-13      Sec. 2.  NRS 279.384 is hereby amended to read as follows:

2-14      279.384  As used in NRS 279.382 to 279.685, inclusive, and

2-15  section 1 of this act, unless the context otherwise requires, the

2-16  words and terms defined in NRS 279.386 to 279.414, inclusive,

2-17  have the meanings ascribed to them in those sections.

2-18      Sec. 3.  NRS 279.440 is hereby amended to read as follows:

2-19      279.440  [When] Except as otherwise provided in NRS

2-20  279.444 and section 1 of this act, when the legislative body adopts

2-21  a resolution declaring the need for an agency , the mayor or other

2-22  executive officer of a city or chairman of the board of county

2-23  commissioners, with the approval of the legislative body, shall

2-24  appoint five resident electors of the community as members of the

2-25  agency.

2-26      Sec. 4.  NRS 279.442 is hereby amended to read as follows:

2-27      279.442  A member may not be [an elective officer or] an

2-28  employee of the community[,] but, notwithstanding any other law,

2-29  he may be a member or employee of any other agency or authority

2-30  of, or created for, the community.

2-31      Sec. 5.  NRS 279.444 is hereby amended to read as follows:

2-32      279.444  1.  As an alternative to the appointment of five

2-33  members of the agency[,] pursuant to NRS 279.440 and as an

2-34  alternative to the procedures set forth in section 1 of this act, the

2-35  legislative body may, at the time of the adoption of a resolution

2-36  pursuant to NRS 279.428, or at any time thereafter, declare itself to

2-37  be the agency, in which case, all the rights, powers, duties,

2-38  privileges and immunities vested by NRS 279.382 to 279.685,

2-39  inclusive, and section 1 of this act in an agency are vested in the

2-40  legislative body of the community. If the legislative body of a city

2-41  declares itself to be the agency pursuant to this subsection, it may

2-42  include the mayor of the city as part of the agency regardless of

2-43  whether he is a member of the legislative body.

3-1  2.  A city may enact its own procedural ordinance and exercise

3-2  the powers granted by NRS 279.382 to 279.685, inclusive[.] , and

3-3  section 1 of this act.

3-4  3.  An agency [is authorized to] may delegate to a community

3-5  any of the powers or functions of the agency with respect to the

3-6  planning or undertaking of a redevelopment project in the area in

3-7  which that community is authorized to act, and that community may

3-8  carry out or perform those powers or functions for the agency.

3-9  Sec. 6.  NRS 279.446 is hereby amended to read as follows:

3-10      279.446  [Three] If five resident electors of the community are

3-11  appointed as members of the agency pursuant to NRS 279.440,

3-12  three of the members first appointed [shall] must be designated to

3-13  serve for terms of 1, 2 and 3 years, respectively, [from] after the

3-14  date of their appointments and two [shall] must be designated to

3-15  serve for terms of 4 years [from] after the date of their

3-16  appointments. Their successors [shall] must be appointed for 4-year

3-17  terms. Vacancies occurring during a term [shall] must be filled for

3-18  the unexpired term. A member shall hold office until his successor

3-19  is appointed and qualified.

3-20      Sec. 7.  This act becomes effective on July 1, 2003.

 

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