SB262A - Revises the qualifications for membership on certain town advisory councils and boards. (BDR 21-857)

(Reprinted with amendments adopted on May 23, 2023) FIRST REPRINT S.B. 262 - *SB262_R1* SENATE BILL NO. 262–SENATORS FLORES, DONATE, SCHEIBLE, D. HARRIS, NEAL; LANGE, NGUYEN, OHRENSCHALL AND SPEARMAN MARCH 13, 2023 ____________ JOINT SPONSORS: ASSEMBLYMEN GONZÁLEZ, TORRES, D’SILVA, NGUYEN; ANDERSON, BILBRAY-AXELROD, NEWBY, PETERS AND WATTS ____________ Referred to Committee on Government Affairs SUMMARY—Revises the qualifications for membership on certain town advisory councils and boards. (BDR 21-857) 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 towns; eliminating the requirement that a member of a citizens’ advisory council of a town or certain town advisory boards be a qualified elector; and providing other matters properly relating thereto. Legislative Counsel’s Digest: Existing law provides that in a county having a population of less than 100,000 1 (currently all counties other than Clark and Washoe Counties) which has not 2 elected to accept the provisions of the Unincorporated Town Government Law 3 (NRS 269.500-269.625), the board of county commissioners may, under certain 4 circumstances, by ordinance create a citizens’ advisory council to act in an advisory 5 and liaison capacity with respect to governing the affairs of an unincorporated 6 town. (NRS 269.011, 269.024, 269.0242) Any such citizens’ advisory council must 7 consist of not fewer than three nor more than five members, each of whom must be 8 a resident and qualified elector in the town. (NRS 269.0242) Section 1 of this bill 9 eliminates the requirement that a member of such a citizens’ advisory council be a 10 qualified elector. Section 1 further requires that a member of such a citizens’ 11 advisory council be: (1) a resident of the town; and (2) a citizen of the United States 12 or lawfully entitled to reside in the United States. 13 Existing law provides that the Unincorporated Town Government Law applies 14 in a county having a population of 100,000 or more (currently Clark and Washoe 15 Counties) and in any other county in which the board of county commissioners has 16 adopted by ordinance, the Unincorporated Town Government Law. (NRS 269.530) 17 – 2 – - *SB262_R1* Pursuant to the Unincorporated Town Government Law, the board of county 18 commissioners must provide for a town advisory board in an ordinance which 19 establishes an unincorporated town. Such a town advisory board must consist of 20 three or five qualified electors who are residents of the unincorporated town. (NRS 21 269.576, 269.577) Existing law further authorizes the board of county 22 commissioners of any county, by resolution, to designate one or more town services 23 to be within the power of a town advisory board to manage. (NRS 269.580) If the 24 board of county commissioners has not made such a designation, sections 2 and 3 25 of this bill eliminate the requirement that a member of such a town advisory board 26 be a qualified elector. Instead, sections 2 and 3 require that a member of such a 27 town advisory board be: (1) a resident of the unincorporated town; and (2) a citizen 28 of the United States or lawfully entitled to reside in the United States. 29 Section 4 of this bill makes a conforming change to revise the declaration of 30 candidacy that must be filed by a candidate for the position of a town advisory 31 board if the members of the town advisory board are not required to be qualified 32 electors pursuant to sections 2 and 3 because the board of county commissioners 33 has not designated one or more services to be within the power of the town 34 advisory board to manage. 35 THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS: Section 1. NRS 269.0242 is hereby amended to read as 1 follows: 2 269.0242 Any ordinance enacted pursuant to NRS 269.024 3 must include provisions in substance as follows: 4 1. The citizens’ advisory council must consist of not fewer than 5 three nor more than five members. 6 2. Each member of the advisory council must be [a] : 7 (a) A resident [and qualified elector in] of the town [.] ; and 8 (b) A citizen of the United States or lawfully entitled to reside 9 in the United States. 10 3. The members of the advisory council must be appointed by 11 the board of county commissioners from a list of a number of 12 qualified persons, equal in number to the number of positions on the 13 advisory council which are to be filled, elected at an informal 14 election. Notice of the election must be posted in accordance with 15 NRS 241.020. The election must be held in the town in November 16 of the year of the general election. 17 4. The list of names of the persons elected must be presented to 18 the board of county commissioners at their first meeting in 19 December of the year of the general election. The persons appointed 20 to the advisory council shall serve their respective terms at the 21 pleasure of the board. 22 5. The members of the advisory council first appointed by the 23 board of county commissioners shall serve until the 1st Monday in 24 January following the next general election, and thereafter the terms 25 – 3 – - *SB262_R1* of office of the members of the advisory council are for 2 years and 1 begin on the 1st Monday in January following each general election. 2 6. The advisory council shall assist the board of county 3 commissioners in governing the town by acting as liaison between 4 the residents of the town and the board. The advisory council and 5 the board shall cooperate to inform each other of all matters of 6 interest to the town and its residents. The advisory council shall not 7 expend or contract any town money for any purpose. 8 7. The members of the advisory council shall serve without 9 compensation. 10 Sec. 2. NRS 269.576 is hereby amended to read as follows: 11 269.576 1. Except as appointment may be deferred pursuant 12 to NRS 269.563, the board of county commissioners of any county 13 whose population is 700,000 or more shall, in each ordinance which 14 establishes an unincorporated town pursuant to NRS 269.500 to 15 269.625, inclusive, provide for: 16 (a) Except as otherwise provided in subsection [7,] 8, 17 appointment by the board of county commissioners or the election 18 by the registered voters of the unincorporated town of three or five 19 [qualified electors who are residents of the unincorporated town] 20 persons to serve as the town advisory board. If the ordinance 21 provides for appointment by the board of county commissioners, in 22 making such appointments, the board of county commissioners shall 23 consider: 24 (1) The results of any poll conducted by the town advisory 25 board; and 26 (2) Any application submitted to the board of county 27 commissioners by persons who desire to be appointed to the town 28 advisory board in response to an announcement made by the town 29 advisory board. 30 (b) A term of 2 years for members of the town advisory board. 31 (c) Election of a chair from among the members of the town 32 advisory board for a term of 2 years, and, if a vacancy occurs in the 33 office of chair, for the election of a chair from among the members 34 for the remainder of the unexpired term. The ordinance must also 35 provide that a chair is not eligible to succeed himself or herself for a 36 term of office as chair. 37 2. Each member of a town advisory board described in 38 subsection 1 must be: 39 (a) If the board of county commissioners has, pursuant to NRS 40 269.580, designated one or more of the services enumerated in 41 NRS 269.575 as properly within the power of the town advisory 42 board to manage: 43 (1) A resident of the unincorporated town; and 44 (2) A qualified elector. 45 – 4 – - *SB262_R1* (b) If the board of county commissioners has not, pursuant to 1 NRS 269.580, designated one or more of the services enumerated 2 in NRS 269.575 as properly within the power of the town advisory 3 board to manage: 4 (1) A resident of the unincorporated town; and 5 (2) A citizen of the United States or lawfully entitled to 6 reside in the United States. 7 3. Except as otherwise provided in subsection [7,] 8, the 8 members of a town advisory board serve at the pleasure of the board 9 of county commissioners. 10 [3.] 4. If a vacancy occurs on the town advisory board, the 11 board of county commissioners shall appoint a new member to serve 12 out the remainder of the unexpired term of the member. 13 [4.] 5. The board of county commissioners shall provide notice 14 of the expiration of the term of a member of and any vacancy on a 15 town advisory board to the residents of the unincorporated town by 16 mail, newsletter or newspaper at least 30 days before the expiration 17 of the term or filling the vacancy. 18 [5.] 6. The duties of the town advisory board are to: 19 (a) Assist the board of county commissioners in governing the 20 unincorporated town by acting as liaison between the residents of 21 the town and the board of county commissioners; and 22 (b) Advise the board of county commissioners on matters of 23 importance to the unincorporated town and its residents. 24 [6.] 7. The board of county commissioners may provide by 25 ordinance for compensation for the members of the town advisory 26 board. 27 [7.] 8. If an unincorporated town is established in a county 28 whose population is 700,000 or more and is located 25 miles or 29 more from an incorporated city whose population is 500,000 or 30 more: 31 (a) The board of county commissioners shall by ordinance 32 provide for the election by the registered voters of the 33 unincorporated town of three or five [qualified electors who are 34 residents of the unincorporated town] persons to serve as the town 35 advisory board. If there are fewer [qualified electors who are] 36 residents of the unincorporated town who file for election to the 37 town advisory board than there are seats on the town advisory 38 board, the board of county commissioners shall appoint as many 39 new members as are necessary to fill the seats left vacant after the 40 election. 41 (b) The members of the town advisory board of the 42 unincorporated town do not serve at the pleasure of and may not be 43 removed by the board of county commissioners. 44 – 5 – - *SB262_R1* 9. Each member of a town advisory board described in 1 subsection 8 must be: 2 (a) If the board of county commissioners has, pursuant to NRS 3 269.580, designated one or more of the services enumerated in 4 NRS 269.575 as properly within the power of the town advisory 5 board to manage: 6 (1) A resident of the unincorporated town; and 7 (2) A qualified elector. 8 (b) If the board of county commissioners has not, pursuant to 9 NRS 269.580, designated one or more of the services enumerated 10 in NRS 269.575 as properly within the power of the town advisory 11 board to manage: 12 (1) A resident of the unincorporated town; and 13 (2) A citizen of the United States or lawfully entitled to 14 reside in the United States. 15 Sec. 3. NRS 269.577 is hereby amended to read as follows: 16 269.577 1. The board of county commissioners of any county 17 whose population is less than 700,000 shall, in each ordinance 18 which establishes an unincorporated town pursuant to NRS 269.500 19 to 269.625, inclusive, provide for: 20 (a) The appointment by the board of county commissioners or 21 the election by the people of three or five [qualified electors who are 22 residents of the unincorporated town] persons to serve as the town 23 advisory board. 24 (b) The removal of a member of the town advisory board if the 25 board of county commissioners finds that the removal of the 26 member is in the best interest of the residents of the unincorporated 27 town. 28 (c) The appointment by the board of county commissioners of a 29 member to serve the unexpired term of a member of the town 30 advisory board removed pursuant to the provisions of paragraph (b) 31 or whose position otherwise becomes vacant. 32 2. Each member of a town advisory board must be: 33 (a) If the board of county commissioners has, pursuant to NRS 34 269.580, designated one or more of the services enumerated in 35 NRS 269.575 as properly within the power of the town advisory 36 board to manage: 37 (1) A resident of the unincorporated town; and 38 (2) A qualified elector. 39 (b) If the board of county commissioners has not, pursuant to 40 NRS 269.580, designated one or more of the services enumerated 41 in NRS 269.575 as properly within the power of the town advisory 42 board to manage: 43 (1) A resident of the unincorporated town; and 44 – 6 – - *SB262_R1* (2) A citizen of the United States or lawfully entitled to 1 reside in the United States. 2 3. The board of county commissioners may provide by 3 ordinance for compensation for the members of the town advisory 4 board. 5 [3.] 4. The duties of the town advisory board are to: 6 (a) Assist the board of county commissioners in governing the 7 unincorporated town by acting as liaison between the residents of 8 the town and the board of county commissioners; and 9 (b) Advise the board of county commissioners on matters of 10 importance to the unincorporated town and its residents. 11 Sec. 4. NRS 293.177 is hereby amended to read as follows: 12 293.177 1. Except as otherwise provided in NRS 293.165 13 and 293.166, a name may not be printed on a ballot to be used at a 14 primary election unless the person named has filed a declaration of 15 candidacy with the appropriate filing officer and paid the filing fee 16 required by NRS 293.193 not earlier than: 17 (a) For a candidate for judicial office, the first Monday in 18 January of the year in which the election is to be held and not later 19 than 5 p.m. on the second Friday after the first Monday in January; 20 and 21 (b) For all other candidates, the first Monday in March of the 22 year in which the election is to be held and not later than 5 p.m. on 23 the second Friday after the first Monday in March. 24 2. A declaration of candidacy required to be filed pursuant to 25 this chapter must be in substantially the following form: 26 (a) Fo [Text truncated for display. Full text available on LegiScan.]